[Ord. No. 1084 §10, 3-10-1997]
This Chapter shall be known and may be cited as the Zoning Regulations
of Grain Valley, Missouri.
[Ord. No. 1084 §20, 3-10-1997]
For the purpose of regulating and restricting the use of land
and the erection, construction, reconstruction, alteration, repair
or use of buildings and the location of buildings designed for specific
uses and regulating and limiting the height of buildings hereafter
erected or altered, the incorporated territory of the City of Grain
Valley, Missouri, is hereby divided into the following districts as
follows:
District "A"
|
-
|
Agricultural District
| |
District "R-1"
|
-
|
Single-Family Residential District
| |
District "R-2"
|
-
|
Duplex Residential District
| |
District "R-3"
|
-
|
Multi-Family Residential District
| |
District "R-4"
|
-
|
Manufactured Home Residential District
| |
District "RO"
|
-
|
Non-Retail Business District
| |
District "C-B"
|
-
|
Controlled Business District
| |
District "C-1"
|
-
|
Central Business District
| |
District "C-2"
|
-
|
General Business District
| |
District "C-3"
|
-
|
Highway Commercial District
| |
District "R-P"
|
-
|
Research Park District
| |
District "M-1"
|
-
|
Light Industrial District
| |
District "M-2"
|
-
|
Heavy Industrial District
| |
District "I-P"
|
-
|
Industrial Park District
| |
District "P"
|
-
|
Planned Overlay District
| |
District "PUD"
|
-
|
Planned Unit Development
|
[Ord. No. 1084 §30, 3-10-1997]
A.
Boundaries of the districts as enumerated in Section 400.020 of this Chapter are hereby established as shown on the maps, which maps are hereby designated as the "Zoning District Maps", and said maps and all notations, references and information shown thereon are hereby made as much a part of the ordinance as if the same were set forth in full herein. It shall be the duty of the Planning and Zoning Commission to keep on file in its office an authentic copy of said maps and all changes, amendments or additions thereto.
B.
When
definite distances in feet are not shown on the Zoning District Maps,
the district boundaries are intended to be along existing street,
alley or platted lot lines or extensions of the same; and if the exact
location of such lines is not clear, it shall be determined by the
Planning and Zoning Commission, due consideration being given to location
and indicated by the scale of the Zoning District Maps.
C.
When
streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning District Maps the Planning and Zoning Commission
may apply the district designations on the maps to the street or alleys
on the ground in such manner as to conform to the intent and purpose
of this Chapter.
D.
Whenever
any street or alley is vacated, the particular district in which the
adjacent property lies shall automatically be extended to the centerline
of any such street or alley.
[Ord. No. 1084 §40, 3-10-1997; Ord. No. 2067, 2-22-2010]
For the purpose of this Chapter, words used in the present tense
include the future; words in the singular number include the plural;
and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the term "used for" includes the meaning "designed for" or "intended for". The following words and terms, as used herein,
are defined to mean the following:
- ACCESSORY BUILDING OR USE
- A subordinate building having a use customarily incident to and located on the lot occupied by the main building or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building. Living quarters used by night watchmen or security personnel shall meet the requirements of the Uniform Building Code.
- ADMINISTRATIVE AND BUSINESS OFFICES
- Offices of private firms or organizations which are primarily used for the provision of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations or other use classifications when the service rendered is that customarily associated with administrative office services.
- ADULT
- As used in this Chapter, refers to persons who have attained the age of at least eighteen (18) years.
- ADULT BOOK STORE
- An establishment or business having as a substantial or significant portion of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and limited in sale of such sexual material to adults.
- ADULT MOTION PICTURE THEATER
- An enclosed building used for presenting or showing for money consideration, movie or video films or pictures or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by customers therein.
- ADULT NIGHT CLUB
- An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
- AGRICULTURAL SALES AND SERVICES
- Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include hay, feed and grain stores, and tree service firms.
- ALLEY
- A minor way dedicated for public use which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
- ALTERATION
- Any addition, remodel, removal, extension or change in the interior walls or partitions or any modification of any exterior surface of a main building or accessory building.
- ANIMAL SERVICES
- Veterinary services and hospitals for animals. Typical uses include small animal clinics and veterinary hospitals for livestock and large animals.
- APARTMENT
- A room or a suite of rooms within an apartment house or two-family dwelling arranged, intended or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.
- APARTMENT HOTEL
- An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
- APARTMENT HOUSE
- A building arranged, intended or designed for more than two (2) families.
- APPEAL
- Appeal for variance from any provision of the Comprehensive Zoning Ordinance shall be to the Board of Adjustment.
- AREA ZONED FOR RESIDENTIAL USE
- Areas zoned for residential use are defined as Districts.
- ART AND CRAFT STUDIO (INDUSTRIAL)
- A use involving the production of works of art which require mechanical equipment exceeding two (2) horsepower or a single kiln of eight (8) kilowatts. This use shall include the incidental sale to consumers of those works produced on site.
- ART AND CRAFT STUDIO (LIMITED)
- A use involving the production of works of art by individuals and assistants and the incidental sale to consumers of those works produced, limited to the use of hand tools or domestic mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts. The use shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff.
- AUTOMOBILE WRECKING YARD
- Any area of land where two (2) or more motor vehicles, not in operating condition or parts thereof, are stored in the open; or any land, building or structure used for the wrecking or storing of such motor vehicles or parts thereof not in operating condition.
- AUTOMOTIVE AND EQUIPMENT SERVICES
- Establishments or places of business primarily engaged in automotive related or heavy equipment sales or services. The following are automotive and equipment use types:
- 1. Automotive washing. Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.
- 2. Commercial off-street parking. Parking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or parking garages.
- 3. Automotive sales or rentals. Sales or rental of automobiles, non-commercial trucks, trailers and recreational vehicles, including incidental parking and servicing of vehicles available to sell, rent or lease. Typical uses include auto dealerships, used car lots, rental agencies, trailer rental agencies, and taxicab parking and dispatching.
- 4. Equipment sales. Sale or rental of trucks of one (1) ton or greater capacity, tractors, construction equipment, agricultural implements and similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships and construction equipment dealerships.
- 5. Automotive repair services. Repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or boats, including the sale, installation and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage.
- 6. Equipment repair services. Repair of trucks of one (1) ton or greater capacity, tractors, construction equipment, agricultural implements and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services and machine shops, but excluding dismantling or salvage.
- 7. Gasoline stations. Typical uses include convenience stores with fuel pumps, full service fuel stations, with or without car washes, and bays for minor mechanical work on vehicles.
- BASEMENT
- A story below the first (1st) story as defined under "Story" counted as a story for height regulations.
- BASIC INDUSTRY
- A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials.
- BLOCK
- A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.
- BOARD
- Board of Adjustment.
- BOARDING HOUSE OR LODGING HOUSE
- A building, other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for five (5) or more persons for compensation pursuant to previous arrangements, but not for the public or transients.
- BUILDING
- A structure for the purpose of housing or enclosing of persons, animals or property.
- BUILDING AND GROUNDS MAINTENANCE SERVICES
- Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, mowing, landscape maintenance, or window cleaning services.
- BUILDING COVERAGE
- The floor area of the building at grade, also known as the building's footprint.
- BUILDING LINE
- The line parallel to the respective lot line and internal
to the lot that defines the required building setback as specified
in the zoning district. No building or other structure or portion
thereof, except as provided in this Code, may be erected above the
grade level.[Ord. No. 2506, 6-8-2020]
- BUSINESS OR TRADE SCHOOL
- A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit and not otherwise defined as a home occupation, college or university, or public or private educational facility.
- BUSINESS SUPPORT SERVICES
- Establishments primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hotel equipment and supply firms.
- CHURCH
- A facility for religious use.
- COCKTAIL LOUNGE
- A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges and similar uses other than a restaurant as that term is defined in this Section.
- COMMERCIAL EMBALMING SERVICES
- A use providing undertaking services for other funeral service establishments.
- COMMERCIAL RECREATION
- Establishments or places of business primarily engaged in the provision of sports, entertainment or recreation for participants or spectators. The following are commercial recreation use types:
- 1. Indoor entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.
- 2. Indoor sports and recreation. Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games and indoor racquetball, handball, volleyball, soccer, badminton and basketball courts.
- COMMUNICATIONS SERVICES
- Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Typical uses include television studios, telecommunication service centers or telegraph service offices. Film and sound recording shall be included.
- CONDOMINIUM
- A system of separate ownership of individual space within units in a multiple unit building.
- CONSTRUCTION SALES AND SERVICES (GENERAL)
- Establishments or places of business primarily engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as construction activities and the outdoor storage of construction equipment or materials on lots other than construction sites. Excluded are those classified as one of the automotive and equipment services use types or construction sales and services (limited). Typical uses may include lumber yards, building materials stores, tool and equipment rental or sales, and building contractors.
- CONSTRUCTION SALES AND SERVICES (LIMITED)
- Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials (such as paint, fixtures, hardware, wallcoverings and floorcoverings) used in the construction and maintenance of buildings or other structures as well as limited outdoor storage of materials. Excluded are those classified as construction sales and services (general). Typical uses may include building materials stores and lawn and garden supply stores. For the purposes of this definition, limited open air storage shall be screened and shall be ancillary to the primary use and may not exceed fifteen percent (15%) of the main building floor area.
- CONSUMER CONVENIENCE SERVICES
- Establishments which provide services, primarily to individuals, of a convenient and limited nature, often in access-controlled facilities which make twenty-four (24) hour operation possible. Typical uses include the renting of private postal and safety deposit boxes to individuals and automated banking machines.
- CONSUMER REPAIR SERVICES
- Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment services use types. Typical uses include watch or jewelry repair shops or musical instrument repair shops.
- CONVENIENCE STORAGE
- Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobbyshops, manufacturing or commercial activity. Typical uses include mini-warehousing.
- COURT
- An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building.
- CURB LEVEL
- The mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street where the mean curb level is the highest.
- CUSTOM MANUFACTURING
- Establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops or custom jewelry manufacturing.
- 1. Family day care home. Family home, occupied by the day care provider, in which family-like care is given to four (4) persons or less, not related to the day care provider, for any part of the twenty-four (24) hour day.
- 2. Day care center. Any facility, other than a family home occupied by the day care provider, which receives persons for care for any part of the twenty-four (24) hour day.
- DAY CARE SERVICES (COMMERCIAL)
- A facility designed or readapted for the care of more than ten (10) individuals, whether children or adults. This term includes nursery schools, preschools, day care centers for children or adults and similar uses, but excludes public and private primary and/or secondary educational facilities.
- DAY CARE SERVICES (LIMITED)
- A facility or use of a building or portion thereof for daytime care of ten (10) or fewer individuals. This term includes nursery schools, preschools, day care centers for children or adults and similar uses, but excludes public and private primary and/or secondary educational facilities.
- DRIVE-IN RESTAURANT OR DRIVE-IN CAFE
- An establishment whose business consists of preparing and serving food and drink to patrons who remain seated in their automobiles, parked on the premises around the restaurant.
- DWELLING
- A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, house trailers or mobile homes.
- DWELLING - MULTIPLE
- A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families living independently of each other, including apartment houses, row houses, tenements and apartment hotels.
- DWELLING - ONE-FAMILY
- A detached building arranged, intended or designed for occupancy by one (1) family in one (1) dwelling unit.
- DWELLING - TWO-FAMILY
- A building arranged, intended or designed for occupancy by two (2) families in two (2) dwelling units.
- DWELLING UNIT
- One (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.
- EXTERMINATING SERVICES
- Services related to the eradication and control of rodents, insects and other pests with incidental storage on lots other than where the service is rendered.
- FAMILY
- One (1) or more persons who are related by blood or marriage, including not more than two (2) lodgers or boarders, living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than four (4) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis.
- FASCIA
- A vertical plane that represents the transition from the eave height at the load-bearing walls to the roof line.
- FINANCIAL SERVICES
- Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities and similar services.
- FLOOR AREA RATIO (FAR)
- The ratio of gross floor area to gross site area.
- FOOD SALES (CONVENIENCE)
- Establishments less than ten thousand (10,000) square feet of gross floor area primarily engaged in the retail sale of food or household products for home consumption. Typical uses include grocery stores (including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries other than beer and wine), delicatessens, meat markets, retail bakeries and candy shops.
- FOOD SALES (GENERAL)
- Establishments with ten thousand (10,000) square feet of gross floor area or more primarily engaged in the retail sale of food or household products for home consumption. Typical uses include large grocery stores (including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries other than beer and wine), delicatessens, meat markets, retail bakeries and candy shops.
- FUNERAL SERVICES
- Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries, excluding commercial embalming services.
- GARAGE - PARKING
- A garage, available to the public, for the parking of motor vehicles for periods of time less than seventy-two (72) hours.
- GARAGE - PRIVATE
- An accessory building for storage only of passenger motor vehicles or light pickup trucks.
- GARAGE - PUBLIC
- Any garage, available to the public, operated for profit and used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
- GARAGE - STORAGE
- A building or portion thereof, except those defined as a private, a public or a parking garage, providing storage for motor vehicles with facilities for washing but no other services.
- GLASS CURTAIN WALL
- An exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.
- GROUP HOUSING PROJECT
- A building project consisting of three (3) or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots.
- GROSS FLOOR AREA (GFA)
- The total enclosed area of all floors of a building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade areas used for habitation, work or access. Excluded from gross floor area calculations are parking facilities and airspace above the atria ground floor.
- GROSS SITE AREA
- An area defined as the total site area including easements, floodplains, waterways, ponds and any other area for preservation.
- GROUP HOME
- Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside in accordance with Section 89.020, RSMo., 1994, as amended.
- HEIGHT OF BUILDINGS
- The vertical distance measured from the highest of the following three (3) levels:
- 1. From the street curb level;
- 2. From the established or mean street grade in case the curb has not been constructed;
- 3. From the average finished ground level adjoining the building where it sits back from the street line;to:1.The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot.2.The mean height level of the top of the highest ridge for other roofs.
- HOTEL
- A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms.
- HOTEL - MOTEL
- Lodging services involving the provision of room and/or board.
- IMPERVIOUS COVERAGE
- The total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements or structures contributing to runoff greater than would occur on the site in its natural state.
- INDOOR ENTERTAINMENT
- Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.
- INDOOR SPORTS AND RECREATION
- Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games and indoor racquetball, handball, volleyball, soccer, badminton and basketball courts.
- INOPERATIVE VEHICLE
- Any wrecked, disabled or damaged vehicle. Any one (1) of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:
- 1. Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports for a period of five (5) days or more;
- 2. Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways;
- 3. Storage of a vehicle with one (1) or more deflated tires for a period of five (5) days or more; or
- 4. Vehicles without proper State licenses for a period of thirty (30) days or more.
- JUNK YARD OR SALVAGE YARD
- An area or fenced enclosure used primarily for the collection, storage and/or sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition and/or for the sale of parts therefrom.
- KENNELS
- Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels or dog training centers.
- LAUNDRY SERVICES
- Establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants or linen supply services.
- LIGHT MANUFACTURING
- A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment and packaging of such products and incidental storage, sales and distribution of such products, but excluding basic industrial processing. The manufacture of industrial solvents and cleaners shall be included.
- LIQUOR SALES
- Establishments or places of business engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops or any licensed sales of liquor, beer or wine for off-site consumption.
- LOADING AREA
- An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which a loading space is located.
- LOT
- A parcel of land occupied or to be occupied by one (1) building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter and having its principal frontage upon a public street or a place.
- LOT - CORNER
- A lot abutting upon two (2) or more streets at their intersection.
A "corner lot" shall be deemed to front on that street on which it
has its least dimension, unless otherwise specified by the Director
of Community Development.[Ord. No. 2506, 6-8-2020]
- LOT - IN SEPARATE OWNERSHIP AT TIME OF PASSAGE OF THIS CHAPTER
- A lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in the office of the Recorder of Deeds of Jackson County on or before the date of adoption of this Chapter and conforming with previous zoning ordinances of Grain Valley, Missouri.
- LOT - INTERIOR
- A lot whose side lines do not abut upon any street.
- LOT - THROUGH
- An interior lot having frontage on two (2) streets.
- LOT COVERAGE
- Measures the percentage of the lot that is covered by the building. The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features.
- LOT DEPTH
- The minimum horizontal distance from the front street line to the rear line.
- LOT LINE - FRONT
- The boundary between a lot and the street on which it fronts.
- LOT LINE - REAR
- The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the Building Official shall determine the rear line.
- LOT LINE - SIDE
- Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.
- LOT LINES
- The lines bounding a lot as defined herein.
- LOT WIDTH
- The minimum horizontal distance between side lines, at a point at or behind the building setback line, measured at right angles to the mean depth of the lot. The lot width need only be calculated on that portion of the lot required to meet the minimum lot area.
- MANSARD ROOF
- A vertical plane which extends above the roof line.
- MANUFACTURED HOME
- A factory-built structure or structures conforming to HUD standards which, in the traveling mode is more than eight (8) body feet in width and forty (40) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
- 1. Single-sectional manufactured home. A manufactured home built in only one (1) section at the factory, which section is transported over the road and forms a single-family residential structure at the site.
- 2. Multi-sectional manufactured home. A manufactured home built in two (2) or more sections at the factory, which two (2) sections are transported over the road separately with assembly into a single-family residential structure at the site.
- MANUFACTURED HOME LOT
- A parcel of land for the placement of one (1) single or multi-sectional manufactured home and its accessory buildings for the exclusive use of its occupants.
- MANUFACTURED HOME PARK
- (District "R-4") A parcel of land under single ownership which has been developed into lots for the placement of manufacture homes for residences.
- MANUFACTURED HOME STAND
- That part of an individual manufactured home lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.
- MASTER CITY PLAN
- The Comprehensive Plans adopted by the Planning and Zoning Commission and Board of Aldermen indicating the general locations recommended for the major arterial traffic routes, streets, parks, public buildings, zoning districts and other public improvements.
- MEDICAL OFFICES
- A use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories and similar practitioners of medical and healing arts for humans licensed for such practice by the State of Missouri.
- MOBILE HOME
- A movable, detached, single-family dwelling unit conforming to the minimum Housing Code requirements of the City of Grain Valley, Missouri, for permanent, long-term occupancy with a minimum living area within said unit of five hundred (500) square feet exclusive of attached porches or rooms; is constructed or fabricated within a factory complete with an integral utility system capable of being connected to an outside system and can be transported over the road on its own chassis and wheels to the site where it is to be connected semi-permanently to separate utility systems. A mobile home may or may not be placed on a permanent foundation and does not include campers, tent trailers or other units designed for overnight or transitory use.
- MODULAR UNIT
- A factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. Modular units do not include structures intended for use as mobile homes or constructed with an integral chassis and attached wheels. Modular units used for residential purposes shall be placed on a permanent foundation.
- MOTEL
- A motorist's hotel having the following characteristics: (a) complete furnishings and bath facilities in each unit; (b) available services as normally provided by hotels; (c) at least one (1) parking space provided in adjacent private roadways or courts for each guest room with either direct or convenient access from parking space to guest room. The provision for restaurant facilities appurtenant to motels is optional.
- MOTOR HOME
- A self-propelled vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use.
- NON-CONFORMING USE - BUILDING OR YARD
- A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal, non-conforming use if established in conformance with prior ordinances prior to the passage of this Chapter and an illegal, non-conforming use if established after the passage of this Chapter, established not in conformance with prior ordinances or not otherwise approved as provided herein.
- PANELIZED HOME
- A dwelling constructed of factory-fabricated wall, ceiling, roof and floor panels which are transported to a building site and there erected on a permanent foundation.
- PAWN SHOP SERVICES
- A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.
- PERSONAL IMPROVEMENT SERVICES
- Establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.
- PERSONAL SERVICES
- Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops or dry cleaning pickup station services.
- PLACE
- An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.
- PLANNED DISTRICT
- Land rezoned to any zoning classification with development in said district only in accordance with the approved site development plan requirements.
- PLANNING AND ZONING COMMISSION
- Commission established by separate ordinance for the purpose of promulgating orderly planning and zoning.
- PROFESSIONAL OFFICE
- A use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions.
- RECREATIONAL VEHICLE
- Vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size and weight as to not require special highway movement permits when drawn by a motorized vehicle.
- RESEARCH ASSEMBLY SERVICES
- The assembly of products which are related to research services and which are used by the owners of the research establishment or by affiliated entities in the delivery of services performed by the owner or affiliated entities. Research assembly services would not include the mass production of products for general sale to customers.
- RESEARCH SERVICES
- Establishments primarily engaged in research of an industrial or scientific nature but excludes final product testing. Typical uses include electronics research laboratories, space research and development firms, higher learning institutions, medical laboratories or pharmaceutical research labs.
- RESEARCH TESTING SERVICES
- Research activities that may be permitted only with the approval of the Board of Aldermen.
- RESEARCH WAREHOUSING SERVICES
- The closed or screened storage of materials or equipment related to research services. Research associated storage excludes the bulk warehousing or permanent storage of hazardous or toxic substances. Underground or bulk storage of chemicals outdoors shall be prohibited except for incidental storage in connection with testing services.
- RESOURCE EXTRACTION
- A use involving the on-site extraction of surface or subsurface mineral products or natural resources. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.
- RESTAURANT (CONVENIENCE)
- A use engaged in the preparation and retail sale of food that generates more traffic than the uses listed as restaurant (limited). Typical uses include "fast food" restaurants.
- RESTAURANT (GENERAL)
- An establishment primarily engaged in preparation of full course meals served on premises with complete kitchen facilities for preparation of the food sold and where alcoholic beverages may be sold only in conjunction with meals.
- RESTAURANT (LIMITED)
- A use engaged in the preparation and retail sale of food and beverages, excluding alcoholic beverages. Typical uses include soda fountains, ice cream parlors and coffee shops.
- RETAIL SALES OR RENTAL (CONVENIENCE)
- Sale or rental of commonly used goods and merchandise for personal or household use but excludes those defined separately and more specifically in this Chapter. Typical uses include apparel stores or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics and specialty items; apparel, jewelry, fabrics and like items; cameras, photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies and bicycles.
- RETAIL SALES OR RENTAL (GENERAL)
- Sale or rental of commonly used goods and merchandise for personal or household use, but excludes those defined separately and more specifically in this Chapter. Typical uses include department stores, furniture stores or establishments providing the following products or services: home furnishing and appliances, wallpaper, carpeting and floor-covering; and automotive parts and accessories (excluding service and installation).
- ROADWAY
- That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not all such roadways collectively.
- SEAL
- A device, label or insignia issued by the Missouri Public Service Commission, U.S. Department of Housing and Urban Development or its agent to be displayed on the exterior of the manufactured home to evidence compliance with applicable Codes.
- SHORT-TERM LOAN ESTABLISHMENT
- A business that loans money to the general public for a period
of thirty (30) days or less and in principal amounts of five hundred
dollars ($500) or less, commonly known as payday lenders. "Short-term
loan establishments" do not include banks, savings and loan associations
or credit unions that are licensed by appropriate State and Federal
agencies, or retail credit financing institutions that are licensed
under Chapter 364 or 365, RSMo., or pawn shops governed by Chapter
367, RSMo., or retail merchants governed by Chapter 400.2, RSMo.[Ord. No. 2370 §1, 10-26-2015]
- SIGNS
- Any words, numerals, figures, devices, designs, trademarks or logos intended to direct one's attention to a business, subdivision or attraction, which are a part of, painted on or attached to a frame, pole or bracket and mounted on or affixed to a building, pole, structure or on the ground.
- SMALL ANIMAL SERVICES
- Retail sales, veterinary services, grooming and boarding, when totally within a building, of dogs, cats, birds, fish and similar small animals customarily kept as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons and pet grooming shops but exclude uses for livestock and large animals.
- SPECIFIED ANATOMICAL AREA
- For the purpose of this Section, "specified anatomical areas" are defined as:
- 1. Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or
- 2. Human male genitals in a discernable erect state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITIES
- For the purpose of this Section, "specified sexual activities" are defined as sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.
- STABLES
- Boarding, breeding or raising of horses not owned by the occupants of the premises or rental of horses for riding by other than the occupants of the premises or their non-paying guests. Typical uses include boarding stables or public stables.
- STABLE - PRIVATE
- An accessory building for the keeping of ponies, horses or mules owned by occupants of the premises and not kept for remuneration, hire or sale.
- STABLE - PUBLIC
- A stable other than a private or riding stable as defined herein.
- STABLE - RIDING
- A structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire; including riding track.
- STOCKYARDS
- Stockyard services involving the temporary keeping of livestock for slaughter, market or shipping. Typical uses include stockyards, animal sales or auction yards.
- STORAGE
- Keeping of a product for a period of time exceeding seventy-two (72) hours.
- STORY
- That part of a building including between the surface of one (1) floor and the surface of the floor next above or, if there be no floor above, that part of the building which is above the surface of the next highest floor thereof. A top story attic is a one-half (½) story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade or average ground level, as mentioned in "Height of Buildings" in this Section.
- STREET
- A thoroughfare which affords principal means of access to property abutting thereon. A street includes the public right-of-way as distinct from the roadway, which includes only the traffic surface.
- STREET LINE
- The dividing line between the street and the abutting property.
- STRUCTURE
- Anything constructed or erected which requires location on the ground or attached to something having a location on the ground including, but not limited to, buildings, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.
- STRUCTURAL ALTERATIONS
- Any alteration or addition to the supporting members of a building such as bearing walls, columns, beams or girders.
- TITLE LOAN ESTABLISHMENT
- The business of lending money with the pledge of personal
property as collateral, evidenced by a certificate of title issued
by the State of Missouri, and regulated under Sections 367.500 through
367.533 of the Revised Statutes of Missouri, as from time to time
amended, commonly known as title lenders. "Title loan establishments"
do not include banks, savings and loan associations or credit unions
that are licensed by appropriate State and Federal agencies, or retail
credit financing institutions that are licensed under Chapter 364
or 365, RSMo., or pawn shops governed by Chapter 367, RSMo., or retail
merchants governed by Chapter 400.2, RSMo.[Ord. No. 2370 §1, 10-26-2015]
- TOURIST COURTS OR TRAILER COURTS
- A tract or parcel of land upon which two (2) or more tourist cabins are located or where temporary accommodations are provided for two (2) or more automobile trailers, tents or house cars, open to the public either free or for a fee.
- TRAVEL TRAILER
- Vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and is drawn by a motorized vehicle.
- VARIANCE
- A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.
- WAREHOUSING AND DISTRIBUTION
- Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution use types:
- 1. Limited warehousing and distribution. Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses or moving and storage firms.
- 2. General warehousing and distribution. Open-air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards, grain elevators or open storage yards.
- YARD
- An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
- 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.[Ord. No. 2506, 6-8-2020]
- YARD - REAR
- A yard between the rear lot line and the rear line of the main building and the side lot lines.
- YARD - SIDE
- A yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard thereof.
[Ord. No. 1084 §50, 3-10-1997]
A.
Except
as hereinafter provided:
1.
No building or structure shall be erected, constructed, reconstructed,
moved or altered, nor shall any building, structure or land be used
for any purpose other than is permitted in the district in which such
building, structure or land is situated.
2.
No building or structure shall be erected, constructed, reconstructed,
moved or altered to exceed the height or area limit herein established
for the district in which such building or structure is situated.
3.
No lot area shall be reduced or diminished so that the yards or other
open spaces shall be smaller than prescribed by this Chapter, nor
shall the density of population be increased in any manner, except
in conformity with the area regulations established herein.
[Ord. No. 1084 §60, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
In District "A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional
Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
1.
Agriculture, horticulture, nurseries, greenhouses, orchards and general
farming, including raising and pasturing of livestock, goats, hogs,
etc., but not dry-lot feeding and raising, fattening, killing or processing
of chickens, turkeys and other poultry, providing there shall be no
feeding or disposal of garbage, rubbish or offal unless a permit for
such operation is issued by the Board of Aldermen under such restrictions
as the Board of Aldermen may impose.
2.
Riding stables, riding tracks or polo fields, provided the stables
shall be located not less than one hundred (100) feet from any property
line.
3.
Dairies, dairy farming including enterprises which are incidental
to the dairy operations.
4.
Fur farming for the raising of fur-bearing animals, provided buildings
and pens shall be located not less than one hundred (100) feet from
any property line.
5.
Kennels, provided the buildings and pens shall be located not less
than two hundred (200) feet from any property line; fish hatcheries,
apiaries and aviaries.
6.
Accessory uses as permitted in Section 400.230, including repair shops, windmills, sheds, garages, barns, silos, bunk houses, incidental dwellings, buildings and structures commonly required for any of the above uses, roadside stands of not over two hundred (200) square feet in area offering for sale only products which are produced on the premises.
7.
Any use permitted in District "R-1", "R-1A", "R-1B", "R-1C".
B.
Height And Area Regulations. In District "A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed
thirty-five (35) feet and shall not exceed two and one-half (2½)
stories in height.
2.
Front yards. There shall be a front yard the minimum
depth of which shall be at least thirty (30) feet.
3.
Side yards. There shall be a side yard on each side
of a building not less than fifteen (15) feet.
4.
Rear yards. There shall be a rear yard a minimum
depth of which shall be at least thirty (30) feet.
5.
Lot area per family. Every dwelling shall provide
a lot area of not less than one (1) acre, provided that where a lot
has less area than herein provided in separate ownership at the time
of the passage of this Chapter, this regulation shall not prohibit
the erection of a single-family dwelling.
6.
Lot width. The minimum lot width is one hundred
fifty (150) feet.
[Ord. No. 1084 §70, 3-10-1997; Ord. No. 1476, 3-11-2002; Ord. No.
2067, 2-22-2010]
A.
An
"R-1" District is composed of areas developed for single-family residences
and areas of open land that might reasonably be developed similarly.
Uses in this district include churches, schools, community centers
and other structures and lands for appropriate public and semi-public
community facilities and also utility substations and other essential
public uses of land whose role in the residential neighborhood and
community require their location within it. District "R-1" only applies
to single-family parcels zoned prior to February 22, 2010.
B.
In District "R-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional
Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
1.
Dwellings, one (1) per lot, one-family including modular and panelized
units, but not including mobile or manufactured homes.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings,
public museums, public administrative buildings, public libraries,
Police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to
that of a public school and institutions of higher learning, including
stadiums and dormitories in conjunction if located on the campus.
5.
Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.
6.
Railroad rights-of-way, not including railroad yards.
7.
The use of buildings or premises for such public utility services
as are authorized by the Public Service Commission or by permit of
the Board of Aldermen and excluded from the jurisdiction of the Planning
Commission under the Enabling Act, Laws of Missouri, provided the
building or premises is enclosed, landscaped, and in keeping with
the appearance of the neighborhood.
C.
Height And Area Regulations. In District "R-1", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed
thirty-five (35) feet and shall not exceed two and one-half (2½)
stories in height.
2.
Front yards. There shall be a front yard the minimum depth of which shall be at least twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)
3.
Side yards. On single-family dwellings, there shall
be a side yard on each side of a building not less than eight (8)
feet.
4.
Rear yards. There shall be a rear yard the minimum
depth of which shall be at least thirty (30) feet.
5.
Width of lot. The mean width of a lot shall be not
less than sixty-five (65) feet and shall have a width of not less
than sixty-five (65) feet at the building line, except that ten percent
(10%) of the lots in each subdivision may be sixty (60) foot lot widths,
provided that where a lot has less width than herein required in separate
ownership and conforms with previous zoning ordinances of Grain Valley
at the time of the passage of this Chapter, this regulation will not
prohibit the erection of a one-family dwelling.
6.
Lot area per family. Every dwelling hereafter erected
or altered shall provide a lot area of not less than seven thousand
(7,000) square feet, provided that where a lot has less area than
herein required in separate ownership and conforms with previous zoning
ordinances of Grain Valley at the time of the passage of this Chapter,
this regulation shall not prohibit the erection of a one-family dwelling.
7.
Floor area. Every dwelling unit shall have a floor
area of one thousand one hundred (1,100) square feet, exclusive of
basements, open or screened porches, garages and other like spaces.
9.
Floor area ratio (FAR). The ratio between the total
square footage of a lot and the total number of square feet of the
first (1st) floor within the exterior walls of a building placed on
that lot shall be no greater than three-tenths (0.3).
10.
Lot depth. The minimum lot depth shall be at least
one hundred (100) feet.
[Ord. No. 2067, 2-22-2010]
A.
An
"R-1A" District is composed of areas developed for single-family residences
and areas of open land that might reasonably be developed similarly.
Uses in this district include churches, schools, community centers
and other structures and lands for appropriate public and semi-public
community facilities and also utility substations and other essential
public uses of land whose role in the residential neighborhood and
community require their location within it.
B.
In District "R-1A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional
Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
1.
Dwellings, one (1) per lot, one-family including modular and panelized
units, but not including mobile or manufactured homes.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings,
public museums, public administrative buildings, public libraries,
Police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to
that of a public school and institutions of higher learning, including
stadiums and dormitories in conjunction if located on the campus.
5.
Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.
6.
Railroad rights-of-way, not including railroad yards.
7.
The use of buildings or premises for such public utility services
as are authorized by the Public Service Commission or by permit of
the Board of Aldermen and excluded from the jurisdiction of the Planning
Commission under the Enabling Act, Laws of Missouri, provided the
building or premises is enclosed, landscaped and in keeping with the
appearance of the neighborhood.
C.
Height And Area Regulations. In District "R-1A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed
thirty-five (35) feet and shall not exceed two and one-half (2½)
stories in height.
2.
Front yards. There shall be a front yard the minimum depth of which shall be at least twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)
3.
Side yards. On single-family dwellings, there shall
be a side yard on each side of a building not less than eight (8)
feet.
4.
Rear yards. There shall be a rear yard the minimum
depth of which shall be at least thirty (30) feet.
5.
Width of lot. The mean width of a lot shall be not
less than sixty-five (65) feet and shall have a width of not less
than sixty-five (65) feet at the building line, except that ten percent
(10%) of the lots in each subdivision may be sixty (60) foot lot widths,
provided that where a lot has less width than herein required in separate
ownership and conforms with previous zoning ordinances of Grain Valley
at the time of the passage of this Chapter, this regulation will not
prohibit the erection of a one-family dwelling.
6.
Lot area per family. Every dwelling hereafter erected
or altered shall provide a lot area of not less than seven thousand
(7,000) square feet, provided that where a lot has less area than
herein required in separate ownership and conforms with previous zoning
ordinances of Grain Valley at the time of the passage of this Chapter,
this regulation shall not prohibit the erection of a one-family dwelling.
7.
Floor area. Every dwelling unit shall have a floor
area of one thousand one hundred (1,100) square feet, exclusive of
basements, open or screened porches, garages and other like spaces.
9.
Floor area ratio (FAR). The ratio between the total
square footage of a lot and the total number of square feet of the
first (1st) floor within the exterior walls of a building placed on
that lot shall be no greater than three-tenths (0.3).
10.
Lot depth. The minimum lot depth shall be at least
one hundred (100) feet.
[Ord. No. 2067, 2-22-2010]
A.
An
"R-1B" District is composed of areas developed for single-family residences
and areas of open land that might reasonably be developed similarly.
Uses in this district include churches, schools, community centers
and other structures and lands for appropriate public and semi-public
community facilities and also utility substations and other essential
public uses of land whose role in the residential neighborhood and
community require their location within it.
B.
In District "R-1B", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional
Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
1.
Dwellings, one (1) per lot, one-family including modular and panelized
units, but not including mobile or manufactured homes.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings,
public museums, public administrative buildings, public libraries,
Police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to
that of a public school and institutions of higher learning, including
stadiums and dormitories in conjunction if located on the campus.
5.
Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.
6.
Railroad rights-of-way, not including railroad yards.
7.
The use of buildings or premises for such public utility services
as are authorized by the Public Service Commission or by permit of
the Board of Aldermen and excluded from the jurisdiction of the Planning
Commission under the Enabling Act, Laws of Missouri, provided the
building or premises is enclosed, landscaped and in keeping with the
appearance of the neighborhood.
C.
Height And Area Regulations. In District "R-1B", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed
thirty-five (35) feet and shall not exceed two and one-half (2½)
stories in height.
2.
Front yards. There shall be a front yard the minimum depth of which shall be at least thirty-five (35) feet. (See Section 400.250, "Setback Regulations".)
3.
Side yards. On single-family dwellings, there shall
be a side yard on each side of a building not less than eight (8)
feet.
4.
Rear yards. There shall be a rear yard the minimum
depth of which shall be at least thirty (30) feet.
5.
Width of lot. The mean width of a lot shall be not
less than one hundred (100) feet and shall have a width of not less
than one hundred (100) feet at the building line, except that ten
percent (10%) of the lots in each subdivision may be ninety (90) foot
lot widths, provided that where a lot has less width than herein required
in separate ownership and conforms with previous zoning ordinances
of Grain Valley at the time of the passage of this Chapter, this regulation
will not prohibit the erection of a one-family dwelling.
6.
Lot area per family. Every dwelling hereafter erected
or altered shall provide a lot area of not less than fifteen thousand
(15,000) square feet, provided that where a lot has less area than
herein required in separate ownership and conforms with previous zoning
ordinances of Grain Valley at the time of the passage of this Chapter,
this regulation shall not prohibit the erection of a one-family dwelling.
7.
Floor area. Every dwelling unit shall have a floor
area of one thousand one hundred (1,100) square feet, exclusive of
basements, open or screened porches, garages and other like spaces.
9.
Floor area ratio (FAR). The ratio between the total
square footage of a lot and the total number of square feet of the
first (1st) floor within the exterior walls of a building placed on
that lot shall be no greater than three-tenths (0.3).
10.
Lot depth. The minimum lot depth shall be at least
one hundred (100) feet.
[Ord. No. 2067, 2-22-2010]
A.
An
"R-1C" District is composed of areas developed for single-family residences
and areas of open land that might reasonably be developed similarly.
Uses in this district include churches, schools, community centers
and other structures and lands for appropriate public and semi-public
community facilities and also utility substations and other essential
public uses of land whose role in the residential neighborhood and
community require their location within it.
B.
In District "R-1C", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional
Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
1.
Dwellings, one (1) per lot, one-family including modular and panelized
units, but not including mobile or manufactured homes.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings,
public museums, public administrative buildings, public libraries,
Police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to
that of a public school and institutions of higher learning, including
stadiums and dormitories in conjunction if located on the campus.
5.
Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.
6.
Railroad rights-of-way, not including railroad yards.
7.
The use of buildings or premises for such public utility services
as are authorized by the Public Service Commission or by permit of
the Board of Aldermen and excluded from the jurisdiction of the Planning
Commission under the Enabling Act, Laws of Missouri, provided the
building or premises is enclosed, landscaped and in keeping with the
appearance of the neighborhood.
C.
Height And Area Regulations. In District "R-1C", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed
thirty-five (35) feet and shall not exceed two and one-half (2½)
stories in height.
2.
Front yards. There shall be a front yard the minimum depth of which shall be at least forty-five (45) feet. (See Section 400.250, "Setback Regulations".)
3.
Side yards. On single-family dwellings, there shall
be a side yard on each side of a building not less than eight (8)
feet.
4.
Rear yards. There shall be a rear yard the minimum
depth of which shall be at least thirty (30) feet.
5.
Width of lot. The mean width of a lot shall be not
less than two hundred (200) feet and shall have a width of not less
than one hundred fifty (150) feet at the building line, except that
ten percent (10%) of the lots in each subdivision may be one hundred
twenty (120) foot lot widths, provided that where a lot has less width
than herein required in separate ownership and conforms with previous
zoning ordinances of Grain Valley at the time of the passage of this
Chapter, this regulation will not prohibit the erection of a one-family
dwelling.
6.
Lot area per family. Every dwelling hereafter erected
or altered shall provide a lot area of not less than thirty thousand
(30,000) square feet, provided that where a lot has less area than
herein required in separate ownership and conforms with previous zoning
ordinances of Grain Valley at the time of the passage of this Chapter,
this regulation shall not prohibit the erection of a one-family dwelling.
7.
Floor area. Every dwelling unit shall have a floor
area of one thousand one hundred (1,100) square feet, exclusive of
basements, open or screened porches, garages and other like spaces.
9.
Floor area ratio (FAR). The ratio between the total
square footage of a lot and the total number of square feet of the
first (1st) floor within the exterior walls of a building placed on
that lot shall be no greater than three-tenths (0.3).
10.
Lot depth. The minimum lot depth shall be at least
one hundred (100) feet.
[Ord. No. 1084 §80, 3-10-1997; Ord. No. 1247 §1, 3-8-1999; Ord.
No. 1475, 3-11-2002; Ord. No. 2067, 2-22-2010]
A.
An
"R-2" District is intended primarily to accommodate one- or two-family
attached dwellings and related residential activities. This district
is generally located in more central areas of the City near higher
density multi-family apartments or business districts or in limited
outlying areas of the City adjacent to apartment districts or business
centers. Two-family attached units may be split in ownership at the
party wall as long as the property complies with all other Codes for
the City of Grain Valley. All duplexes shall have separate water and
sewer service line to the main, in a manner approved by the Administrative
Authority and in accordance with the approved plumbing code and policy
of the Community Development Department. This type of lot split shall
not constitute a violation of the lot and yard requirements of this
Chapter.
B.
In District "R-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional
Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
C.
Height And Area Regulations. In District "R-2", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".) When the
following regulations cannot be met, a planned unit development (PUD)
is a development option.
1.
Height. Buildings or structures shall not exceed
thirty-five (35) feet and shall not exceed two and one-half (2½)
stories in height.
2.
Front yards. There shall be a front yard the minimum depth of which shall be at least twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)
3.
Side yards. There shall be a side yard on each side
of a building not less than eight (8) feet.
4.
Rear yards. There shall be a rear yard the minimum
depth of which shall be at least thirty (30) feet.
5.
Width of lot. The mean width of a lot shall be not
less than seventy-five (75) feet and shall have a width of not less
than seventy-five (75) feet at the building line, except that ten
percent (10%) of the lots in a subdivision may have sixty (60) foot
lot widths, provided that where a lot has less width than herein required
in separate ownership and conforms with previous zoning ordinances
of Grain Valley at the time of the passage of this Chapter, this regulation
will not prohibit the erection of a conforming structure.
6.
Lot area. Every dwelling hereafter erected or altered
shall provide a lot area of not less than ten thousand (10,000) square
feet, provided that where a lot has less area than herein required
in separate ownership and conforms with previous zoning ordinances
of Grain Valley at the time of the passage of this Chapter, this regulation
shall not prohibit the erection of a conforming structure.
7.
Floor area. Every duplex dwelling unit shall have
a floor area of nine hundred (900) square feet exclusive of basements,
open or screened porches, garages and other like spaces.
9.
Floor area ratio (FAR). The ratio between the total
square footage of a lot and the total number of square feet of the
first (1st) floor within the exterior walls of a building placed on
that lot shall be no greater than four-tenths (0.4).
10.
Lot depth. The minimum lot depth shall be at least
one hundred ten (110) feet.
D.
Condominiums
are permitted.
[Ord. No. 1084 §90, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
An
"R-3" District is intended primarily to accommodate multi-family residences
and apartment buildings generally located adjacent to central areas
of the City in proximity to principal areas of commercial development
or in convenient relation to outlying major thoroughfares and outlying
business centers. This district is sometimes used as a buffer between
industrial and commercial districts and single-family districts.
B.
In District "R-3", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)
C.
Height And Area Regulations. In District "R-3", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed
forty-five (45) feet and shall not exceed three (3) stories in height.
2.
Front yards. There shall be a front yard the minimum depth of which shall be at least thirty (30) feet. (See Section 400.250, "Setback Regulations".)
3.
Side yards. There shall be a side yard on each side
of a building not less than ten (10) feet.
4.
Rear yards. There shall be a rear yard the minimum
depth of which shall be at least thirty (30) feet.
5.
Width of lot. The mean width of a lot shall be not
less than seventy-five (75) feet and shall have a width of not less
than seventy-five (75) feet at the building line, provided that where
a lot has less width than herein required in separate ownership and
conforms with previous zoning ordinances of Grain Valley at the time
of the passage of this Chapter, this regulation will not prohibit
the erection of a conforming structure.
6.
Lot area. Twelve thousand (12,000) square feet minimum,
plus one thousand five hundred (1,500) square feet for each unit exceeding
four (4).
7.
Floor area. Every dwelling unit shall have a minimum
floor area, exclusive of basements, open or screened porches and garages,
of not less than the following:
9.
Play or open space. Suitable play or open space
shall be provided which is easily accessible from the living units
without encountering traffic hazards and which is so located that
it will not impair the views from the fronts of the apartments. Such
space shall contain not less than the following area:
11.
Floor area ratio (FAR). The ratio between the total
square footage of a lot and the total number of square feet of the
first (1st) floor within the exterior walls of a building placed on
that lot shall be no greater than four-tenths (0.4).
12.
Lot depth. The minimum lot depth shall be at least
one hundred ten (110) feet.
[Ord. No. 1084 §100, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
Manufactured Homes — In General.
1.
In District "R-4", no building, structure, land or premises shall
be used and no building or structure shall be hereafter erected, constructed,
reconstructed, moved or altered, except for one (1) or more of the
following uses:
a.
Single and multi-sectional manufactured homes.
b.
Parks, playgrounds, community centers and non-commercial recreational
facilities.
c.
Additional uses.
(1)
Structures and uses required for the operation of a public utility,
the performance of a governmental function, or the operation or maintenance
of the manufactured home park.
(2)
In manufactured home parks, recreational vehicles shall not
be occupied as living quarters and manufactured home sales lots shall
not be permitted, but manufactured homes may be sold on lots they
occupy in residential use.
(3)
Once manufactured home parks contain at least one hundred (100)
manufactured home lots ready for occupancy, commercial and service
establishments intended to serve only persons within the manufactured
home park and occupying in total, including related parking area,
not more than five percent (5%) of the area of the manufactured home
park may be constructed.
2.
Manufactured homes which do not bear a seal dated on or after June
15, 1976, shall not be permitted within the corporate limits of the
City of Grain Valley.
3.
Manufactured homes shall be permitted only in manufactured home parks.
4.
Prior to the placement of a manufactured home for residential purposes
within the corporate limits of Grain Valley, a permit for the manufactured
home shall be issued by the City, subject to compliance with all provisions
of the Zoning Ordinance and fees established for building permits.
5.
A manufactured home shall not be temporarily or permanently parked,
stored or occupied on any public street or alley, nor on any lot or
parcel within the City of Grain Valley, except when in complete conformity
to zoning and other applicable ordinances.
B.
District "R-4" Manufactured Home Park — Approval.
1.
The owner or developer of a manufactured home park shall, prior to
development, submit a site development plan for the proposed development
to the Planning and Zoning Commission for review and recommendation
to the Board of Aldermen and approval by said Board of Aldermen. The
site development plan shall contain the following elements:
a.
Legal description of the proposed development.
b.
Names, addresses and phone numbers of the owner, developer and the
engineer or surveyor who prepared the plan.
c.
Location drawing showing the existing development within a one-half
(½) mile radius of the proposed location and ownerships of
adjacent tracts within one hundred eighty-five (185) feet.
d.
Scale of plan; one (1) inch represents one hundred (100) feet or
one (1) inch represents fifty (50) feet.
e.
Date and north arrow.
f.
Existing conditions:
(1)
Location, width and name of each existing or platted street
or other public way, railroad and utility right-of-way within or adjacent
to the proposed subdivision.
(2)
All existing sewers, water mains, gas mains, culverts or other
underground installations within the proposed subdivision or immediately
adjacent thereto with pipe size, grades and locations shown.
(3)
Topography (unless specifically waived) with contour intervals
of not more than two (2) feet, referred to U.S.G.S. or City datum;
also the location of watercourses, ravines, bridges, lakes, wooded
areas, approximate acreage, and such existing other features as may
be pertinent to subdivision.
g.
Proposed development plan showing:
(1)
General layout of development with number of manufactured home
lots and their approximate dimensions.
(2)
Location of parking areas, size and capacity.
(3)
Location and size of park and playground area.
(4)
Location and type of accessory convenience building.
(5)
Proposed street system for both public and private streets with
setback lines indicated.
(6)
General landscaping and screening plan.
(7)
Typical layout of manufactured home lot showing size of lot,
landscaping, stand location and type, outdoor living area, location
of refuse receptacle, walkways, parking area, curb and gutter location,
and any other improvements included within the development.
(8)
Gross and net density of proposed project and parking ratio.
2.
The site development plan, as approved, shall be entered into the
records of the Planning and Zoning Commission, Board of Aldermen and
conformance to the plan shall be mandatory, except as herein provided;
unless a change in such site development plan is reviewed by the Planning
and Zoning Commission because of change in conditions and recommendation
made to the Board of Aldermen and such change is approved by the Board
of Aldermen. The Planning Officer may allow the developer to make
the following changes in the approved site development plan as a result
of unforeseen engineering problems:
a.
Move private streets and driveways by not more than ten (10) feet.
b.
Move the location of structures by not more than ten (10) feet so
long as not to violate any setback regulations.
c.
Move the location of any parking area by not more than twenty (20)
feet so long as it would not come closer than twenty (20) feet to
any residential structure or ten (10) feet from any public street
or private drive.
d.
Change the configuration of any parking area so long as the number
of spaces is not reduced.
e.
Change the location of sidewalks and pathways provided that all points
remain connected.
f.
Change the building size by a total of not more than one hundred
(100) square feet for a residential structure and by a total of not
more than five percent (5%) for a commercial structure, so long as
no setback regulations are violated.
3.
All manufactured home parks must be platted in accordance with the
subdivision regulations.
C.
Manufactured Home Parks — Minimum Standards Generally.
1.
Minimum park size. No manufactured home park shall
have a site smaller than twenty (20) acres. Minimum width of tract
for portions used for general vehicular entrances and exits only shall
be sixty (60) feet; for portions containing lots for dwellings and
buildings, minimum width of tract shall be two hundred (200) feet.
The tract shall be and remain in one (1) ownership and shall be designed
for the purpose of renting and/or providing spaces for placement of
manufactured homes.
2.
Density. The maximum number of manufactured home
units allowed within the manufactured home park shall be five (5)
units per acre.
3.
Minimum units. No manufactured home park shall contain
less than one hundred (100) units and at least twenty-eight (28) lots
must be finished and ready for use with required storm shelter facilities
provided prior to occupancy.
4.
Maximum lot coverage. A manufactured home and its
accessory building(s) shall occupy not more than thirty-five percent
(35%) of the lot area, except as follows:
a.
When a roofed area, such as a carport or outdoor recreation shelter,
is open for forty percent (40%) or more of its perimeter, its lot
coverage shall be computed as one-half (½) the area covered
by the roof.
b.
When the manufactured home lot is adjacent to and has direct access
to approved common open space not less than ten (10) feet in minimum
width, an additional five percent (5%) of the lot area may be occupied.
5.
a.
Required outdoor living area on lot. An outdoor
living area, commonly known as a patio, shall be provided on each
lot equal to at least ten percent (10%) of its area, provided that
in no case shall such area be less than three hundred (300) square
feet nor need be more than five hundred (500) square feet. The minimum
horizontal distance of such area shall be not less than fifteen (15)
feet.
b.
Such outdoor living area shall be properly drained and located for
convenience and optimum use.
c.
Within such area, a section not less than one hundred (100) square
feet in area or ten (10) feet in minimum horizontal dimension and
surfaced with concrete, asphalt or other approved hard surface shall
be provided for garden furniture. The parking area may not be considered
to meet the requirements of outdoor living area.
6.
Interior manufactured home space requirements.
a.
All manufactured homes, including structural additions thereto, shall
be located at least twenty (20) feet from any other manufactured home,
permanent building, interior roadways or common parking lot for more
than two (2) vehicles.
b.
When parking is provided on each individual manufactured home lot,
the minimum distance from roadway or street curb to manufactured home
shall not be less than twenty-five (25) feet.
c.
As an option — dwelling unit exposures and outlook. For purposes of relating requirements to function, yards and other
open spaces around dwellings and the distance between dwellings and
other buildings shall be determined by exposures and outlooks from
the portions of the dwellings involved. Such exposures are defined
and classified as follows:
(1)
Class "A" — Portions of walls containing
principal living room exposure to outdoor living area through major
windows and/or glassed doors. Prime consideration here is direct view
of and convenient access to outdoor livability space. In cases where
two (2) walls provide this type of exposure from a living room, either
may be selected as the "Class A" exposure and the
other shall be considered "Class C".
(2)
Class "B" — Portions of walls containing
the only windows for bedrooms or principal windows and/or glassed
doors for bedrooms where privacy, moderate outlook and light and air
are principal considerations.
(3)
Class "C" — Portions of walls containing
secondary windows for bedrooms, windows for kitchens, bathrooms, utility
rooms and the like, secondary windows for living rooms or exterior
doors other than entries with Class "A" orientation, where such windows
do not involve privacy or are so located, shielded or are of such
a nature that necessary privacy is assured and where light, air and
fire protection are principal considerations.
(4)
Class "D" — Portions of walls containing
no windows, doors or other openings, but not so constructed or safeguarded
as to be suitable for attachment to other dwelling units or principal
buildings. Principal concern in such cases is with fire protection.
(5)
Class "E" — Portions of walls containing
no windows, doors or other openings and so constructed or safeguarded
as to provide at least one (1) hour fire protection when attached
to other dwelling units or other principal buildings and to meet the
acoustic controls and living unit to living unit sound transmission
limitations of Minimum Property Standards for Multi-Family Housing,
U.S. Department of Housing and Urban Development.
d.
Yard defined — requirements by dwelling unit's exposure. Yard is the minimum open space distance on the lot (except as otherwise provided) perpendicular to the wall of the dwelling at any point or to any addition of the dwelling which is enclosed for more than sixty percent (60%) of its perimeter. Except as provided in Section 400.090, yard depth and character shall be as follows:
(1)
Distance to common areas. Distance from any
Class "B" through Class "E" exposure of a dwelling to a street pavement
or to the edge of a common driveway, a parking area, a walk or other
common area shall be at least eight (8) feet. In the case of Class
"A" exposures, this distance shall be fifteen (15) feet. Carports
open in a manner that assures visibility may extend to within four
(4) feet of a sidewalk adjacent to a street or to a parking area or
to within four (4) feet of the street pavement or parking area if
no such sidewalk is involved.
(2)
Other minimum open space depth requirements. Other open space depth requirements shall be by exposure: Class
"A" fifteen (15) feet; Class "B" ten (10) feet; Class "C" eight (8)
feet; Class "D" five (5) feet; Class "E" none. Dwellings on lots adjoining
non-residential buildings shall be separated from such buildings by
at least ten (10) feet more than the above requirements.
7.
Parking regulations. A minimum of two (2) parking spaces shall be provided for each manufactured home lot. These spaces may be located on the lot or in parking areas located not more than sixty (60) feet from the manufactured home. Parking spaces shall be located off the public street or private drive; and in no case shall parking spaces or areas cross manufactured home lot lines. Parking spaces and areas shall be built and surfaced according to Section 400.290, "Off-Street Parking and Loading Regulations".
8.
Common open space.
a.
No less than ten percent (10%) of the gross area of any manufactured
home park shall be devoted to common recreational areas and facilities.
Such open space shall be separate and aside from the open space provided
on each manufactured home space. Said open space shall be sodded and/or
landscaped or otherwise designed and made available for recreational
use.
b.
At least one (1) principal recreation and community area shall be
provided which contains not less than one-half (½) of the total
required open space, except that no principal recreation and community
area need be larger than two and one-half (2½) acres.
c.
To be countable as common recreational area, interior-block ways
for pedestrians or cyclists shall be at least ten (10) feet in width
and form parts of a system leading to a principal designation. Such
ways may also be used for installation of utilities.
d.
To be countable as common recreational area, interior-block play
areas for small children or other interior-block areas shall be at
least twenty (20) feet in least dimension and shall contain not less
than one thousand (1,000) square feet.
e.
Common recreational areas shall not include streets or parking areas,
shall be closed to automobile traffic except for maintenance and service
vehicles, and shall be improved and maintained for the uses intended.
9.
Stands and skirts. Each manufactured home space
shall contain a Portland cement or asphaltic concrete stand upon which
the manufactured home will be situated. Each home shall be equipped
with skirts on all sides, such skirting shall be of a finished nature
and installed within thirty (30) days of home placement.
10.
Anchoring. Each manufactured home shall be secured
to the ground by use of anchors and tie-downs so as to resist wind
overturning and sliding. Anchors and tie-downs shall be installed
according to the rules and regulations of the State of Missouri and
the Missouri Public Service Commission.
D.
Manufactured Homes — General Site Planning.
1.
Location. The development shall front on a primary
thoroughfare or have frontage on a collector street and/or frontage
road which has direct access to a primary thoroughfare as defined
in the subdivision regulations.
2.
Access points. Minor streets shall not be connected
with streets outside the district such that said minor streets will
be used by through traffic. No lot within the manufactured home park
shall have direct vehicular access to a street bordering the development.
3.
Exterior yards for manufactured home parks.
a.
(1)
Where manufactured home parks adjoin public streets along exterior
boundaries, a yard of not less than twenty-five (5) feet in minimum
dimension shall be provided. Such yard may be used to satisfy open
space depth requirements for individual lots but shall not contain
carports, recreational shelters, storage structures or any other structures
generally prohibited in yards adjacent to streets in residential districts.
(2)
No direct vehicular access to individual lots shall be permitted
through such yards, and no group parking facilities or active recreation
areas shall be allowed thereon.
b.
Where manufactured home parks abut neighboring districts without
an intervening street, alley or other permanent open space at least
twenty (20) feet in width, an exterior yard at least twenty (20) feet
in minimum dimensions shall be provided.
(1)
Where the adjoining district is "A", "R-1", "R-1A", "R-1B", "R-1C" or "R-2", limitations on occupancy and use of yards shall follow Subsection (D)(3)(a).
(2)
Where the adjoining district is "R-3" through "M-2", such yards
may be used for group or individual parking, active recreational facilities;
or carports, recreational shelters or storage structures.
4.
Vehicular access to streets. Vehicular access to
streets from off-street parking areas may be direct from dwellings
if the street or portion of street serves fifty (50) units or less
based on normal, anticipated traffic routes. Along streets or portions
of streets serving more than fifty (50) dwelling units or constituting
major routes to or around central facilities, access from parking
and service areas shall be combined to channel traffic conveniently
and safely; direct vehicular access from individual dwellings shall
be prohibited.
5.
Landscaping. Along the property lines of the manufactured home park, fences or vegetative screening or a combination of fences and vegetative screening shall be provided. Off-street parking areas, service areas and trash enclosures shall be screened as per Section 400.280.
6.
Storm shelters. The development shall provide a
storm shelter or shelters. Such shelter facilities shall provide fifteen
(15) square feet of unobstructed floor space per manufactured home
space in structures either below ground or above ground with walls
and roof designed to withstand a wind load of two hundred (200) miles
per hour. The maximum distance to the entrance of the shelter from
any manufactured home stand shall be one thousand (1,000) feet. Provisions
shall be made for adequate emergency lighting and ventilating. The
developer shall submit with his application for a building permit,
a drawing and details of the storm shelter facilities together with
a certification by an architect or engineer licensed in the State
of Missouri that such proposed facilities meet the design standards
of this Section.
7.
Streets, sidewalks and utilities shall meet the requirements of the
subdivision regulations.
[Ord. No. 1084 §130, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
District
"R-0" is intended to provide areas for public, semi-public, institutional,
professional and office types of use. It is generally considered an
acceptable zoning district to buffer residential property from more
intense commercial and industrial property.
B.
In District "R-0", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional
Uses"; and Section 400.270, "Non-Conforming Uses".)
C.
Site Development Regulations. Each site in the "R-0" District
shall be subject to the following site development regulations. If
the original structure is retained and no additional floor area is
added, the site is subject only to parking and landscaping requirements.
Buildings are required to conform to exterior architectural standards
generally compatible with residential development.
1.
Height. Maximum height, two (2) stories when abutting
a residential district, three (3) stories elsewhere.
2.
Front yard. Minimum required setback, thirty (30)
feet.
3.
Side yard. Minimum required setback, ten (10) feet. (See Section 400.250, "Setback Regulations".)
4.
Rear yard. Minimum required setback, thirty (30)
feet.
5.
Floor area ratio. Maximum floor area ratio, .25
to 1.
6.
Impervious coverage. Maximum coverage, sixty percent
(60%).
[Ord. No. 1084 §140, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
District
"C-B" is intended for neighborhood shopping facilities which provide
limited business services and office facilities predominately for
the convenience of residents or a neighborhood. Business which would
generate traffic in volumes beyond local traffic requirements are
not permitted. No outside display or storage is allowed.
B.
In District "C-B", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For special provisions, see Section 400.220, "Additional
Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)
1.
Administrative and business offices.
2.
Arts and crafts studio (limited).
3.
Consumer convenience services.
4.
Consumer repair services.
5.
Day care services (limited).
6.
Day care services (commercial).
7.
Financial services.
8.
Food sales (convenience).
9.
Medical offices.
10.
Personal services.
11.
Professional offices.
12.
Restaurant (limited).
13.
Retail sales or rental (convenience).
14.
Small animal services.
C.
Site Development Regulations. Each site in the "C-B" District
shall be subject to the following site development regulations:
1.
Lot size. Minimum lot area, twenty thousand (20,000)
square feet.
2.
Lot width. Minimum lot width, one hundred (100)
feet.
3.
Height. Maximum height, two (2) stories or thirty-five
(35) feet, whichever is less.
4.
Front yard. Minimum required setback, twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)
5.
Side yard. Minimum required setback, ten (10) feet.
6.
Rear yard. Minimum required setback, twenty (20)
feet.
7.
Floor area ratio. Maximum floor area ratio, .40
to 1.
8.
Impervious coverage. Maximum coverage, sixty percent
(60%).
[Ord. No. 1084 §150, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
District
"C-1" is intended primarily for office and commercial uses typically
requiring locations available in the downtown portion of the City.
This district should be utilized by those businesses which will generate
traffic in volumes no greater than local traffic requirements.
B.
In District "C-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For special provisions, see Section 400.220, "Additional
Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)
1.
Administrative and business offices.
2.
Arts and crafts studio (limited).
3.
Business support services.
4.
Business or trade school.
5.
Cocktail lounge, provided the property is not less than three hundred
(300) feet from any existing school or church property and not less
than three hundred (300) feet from a residential district, measured
in the shortest distance from property line to property line (as the
crow flies).
6.
Commercial off-street parking.
7.
Communications services.
8.
Consumer convenience services.
9.
Consumer repair services.
10.
Day care services (limited).
11.
Day care services (commercial).
12.
Financial services.
13.
Food sales (convenience).
14.
Food sales (general).
15.
Funeral services.
16.
Hotel — motel.
17.
Indoor entertainment, provided the property is not less than three
hundred (300) feet from any existing school or church property and
not less than three hundred (300) feet from a residential district,
measured in the shortest distance from property line to property line
(as the crow flies).
18.
Indoor sports and recreation.
19.
Liquor sales.
20.
Medical offices.
21.
Pawn shop services.
22.
Personal improvement services.
23.
Personal services.
24.
Professional offices.
25.
Restaurant (convenience).
26.
Restaurant (limited).
27.
Restaurant (general).
28.
Retail sales or rental (convenience).
29.
Retail sales or rental (general).
30.
Small animal services.
C.
Site Development Regulations. Each site in the "C-1" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Lot size. Minimum lot area, ten thousand (10,000)
square feet.
2.
Lot width. Minimum lot width, fifty (50) feet.
3.
Height. Maximum height four (4) stories; requests
for additional stories to be heard by Board of Aldermen.
4.
Front yard. Minimum required setback, none.
5.
Side yard. None.
6.
Rear yard. None.
7.
Floor area ratio. Maximum floor area ratio, .8 to
1.
8.
Impervious coverage. Maximum coverage, eighty percent
(80%).
[Ord. No. 1084 §160, 3-10-1997]
A.
District
"C-2" is intended for application to the general commercial area of
the City permitting a wide variety of office, commercial and civic
activities.
B.
In District "C-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional
Uses"; and Section 400.270, "Non-Conforming Uses".)
C.
Site Development Regulations. Each site in the "C-2" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Lot size. Minimum lot area, fifteen thousand (15,000)
square feet.
2.
Lot width. Minimum lot width, one hundred (100)
feet.
3.
Height. No maximum height established.
4.
Front yard. Minimum required setback, twenty (20) feet. (See Section 400.250, "Setback Regulations".)
5.
Side yard. No minimum side yard required except
when abutting a residential district, where a ten (10) foot setback
is required.
6.
Rear yard. Twenty (20) feet
7.
Floor area ratio. Maximum floor area ratio, .8 to
1.
8.
Impervious coverage. Maximum coverage, eighty percent
(80%).
[Ord. No. 1084 §210, 3-10-1997]
A.
This
district is intended predominately for commercial activities of a
service nature which typically have operating characteristics generally
incompatible with retail and residential environments.
B.
In District "C-3", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional
Uses"; and Section 400.270, "Non-Conforming Uses".)
1.
Agricultural sales and services.
2.
Arts and crafts studio (industrial).
3.
Animal services.
4.
Automotive rentals.
5.
Automotive repair services.
6.
Automotive washing.
7.
Building and grounds maintenance services.
8.
Commercial embalming services.
9.
Commercial off-street parking.
10.
Construction sales and services (general) or (limited).
11.
Custom manufacturing.
12.
Exterminating services.
13.
Gasoline stations.
14.
Hotel — motel.
15.
Laundry services.
16.
Research services.
C.
Site Development Regulations. Each site in the "C-3" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Lot size. Minimum lot area, twenty thousand (20,000)
square feet.
2.
Lot width. Minimum lot width, one hundred fifteen
(115) feet.
3.
Height. No maximum height established.
4.
Front yard. Minimum required setback, twenty (20) feet. (See Section 400.250, "Setback Regulations".)
5.
Side yard. Minimum required setback, ten (10) feet.
6.
Rear yard. Minimum required setback, twenty (20)
feet.
7.
Floor area ratio. Maximum floor area ratio, .65
to 1.
8.
Impervious coverage. Maximum coverage, eighty percent
(80%). Fifty percent (50%) of the required open space shall be in
the front one-third (1/3) of the lot or in front of the principal
structure.
[Ord. No. 1084 §215, 3-10-1997]
A.
Purpose.
1.
The "R-P" District is intended to provide a special district for
research services. An industrial designation would be inappropriate
because the principal focus of research and development activity should
not include fabrication, processing, manufacturing, refining or resource
extraction. Site development regulations require approval of a site
plan which demonstrates a campus-like environment. Conditions, covenants
and restrictions are required.
2.
Research services, research testing services, research warehousing
services, research assembly services, some offices and limited retail
activities are permitted. A limit is placed on the percentage of office
and retail uses thirty-five percent (35%).
3.
To insure internal compatibility, efficient service and compatibility
with surrounding land uses, master plans must be approved by the City
and covenants, conditions and restrictions (C, C and Rs) must be recorded
and a copy thereof provided to the City.
B.
In District "R-P", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls" and Section 400.240, "Conditional
Uses".)
1.
Administration and business offices, financial services, personal
services, restaurant (limited) and retail sales (convenience), provided
such uses are included in an integrated complex of at least fifteen
thousand (15,000) square feet of developed gross floor area.
2.
Business support services.
3.
Business or trade school.
4.
Day care services (commercial).
5.
Hotel — motel, provided the following conditions are met:
a.
Hotels and motels developed within an "R-P" zone shall have a business
orientation designed to compliment the businesses in the park and
shall provide conference facilities at a minimum ratio of fifteen
(15) square feet of floor area for each room.
b.
Access to all rooms shall be provided by interior corridors.
6.
Research services.
7.
Research testing services.
8.
Research warehousing services.
9.
Research assembly services.
C.
Site Development Regulations. Each site in the "R-P" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback
Regulations" and Section 400.260, "Height and Area
Exceptions".)
1.
Lot size. Minimum lot area, five (5) acres. The
total research park shall contain at least twenty (20) acres.
2.
Height. No maximum height established.
3.
Front yard. Minimum required setback, fifty (50)
feet.
4.
Side yard. Minimum required setback, fifty (50)
feet on any site adjacent to a zoning district other than "M-1" or
"M-2". Reduced to twenty-five (25) feet within the research park or
if the site is adjacent to "M-1" or "M-2".
5.
Rear yard. Minimum required setback fifty (50) feet
on any site adjacent to a zoning district other than "M-1" or "M-2".
Reduced to twenty-five (25) feet within the research park or if the
site is adjacent to "M-1" or "M-2".
6.
Floor area ratio. Maximum floor area ratio, .55
to 1.
7.
Impervious coverage. Maximum coverage, seventy percent
(70%).
10.
A research park shall contain not less than twenty (20) acres and
shall be developed by a single entity. Lots may be sold to separate
users but the sale of lots must be accompanied by protective covenants
assuring a high level of architecture, site improvements and their
continued maintenance. Covenants shall include, at a minimum, a property
owners' association, provisions for maintenance of individual sites
and common areas, standards for finishing of buildings, and design
standards for signs. Such covenants shall be submitted with the application
for a research park zoning classification.
11.
Site development shall meet the requirements of Section 400.200(D).
12.
The gross floor area for uses other than research uses shall not
exceed more then thirty-five percent (35%) of the total gross floor
area within the research park.
D.
Performance Standards.
1.
Same as District "M-2" with the following addition:
Fire and explosive hazards. Activities involving the storage and utilization of materials or products which decompose by detonation are permitted only after issuance of a conditional use permit by the Board of Aldermen (see Section 400.240) and approval by the Fire Department. Such materials shall include but are not limited to all primary explosives such as lead oxide, lead styphnate, fulminates and tetracent; all high explosives such as TNT, HMX, PETN and picrid acid; propellants and boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
2.
Explosives shall be stored, utilized and manufactured in accordance
with applicable local, State and Federal Codes.
[Ord. No. 1084 §220, 3-10-1997]
A.
The
"M-1" Light Industrial District is intended as an area primarily for
limited manufacturing uses generally on moderately sized sites.
B.
In District "M-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional
Uses"; and Section 400.270, "Non-Conforming Uses".)
1.
Commercial uses.
a.
Animal services.
b.
Arts and crafts studio (industrial).
c.
Automotive repair services.
d.
Building and grounds maintenance services.
e.
Commercial embalming services.
f.
Construction sales and services (general) or (limited).
g.
Equipment repair services.
h.
Equipment sales.
i.
Exterminating services.
j.
Kennels.
k.
Laundry services.
l.
Research services.
m.
Recycling collection facility.
3.
Accessory uses customarily associated with any of the above uses,
provided retail uses shall not constitute more than thirty-five percent
(35%) of the gross floor area.
C.
Site Development Regulations. Each site in the "M-1" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Lot size. Minimum lot area, twenty thousand (20,000)
square feet.
2.
Lot width. Minimum lot width, one hundred (100)
feet.
3.
Height. No maximum height established.
4.
Front yard. Minimum required setback, thirty (30) feet. (See Section 400.250, "Setback Regulations".)
5.
Side yard. Minimum required setback, ten (10) feet.
6.
Rear yard. Minimum required setback, twenty (20)
feet.
7.
Floor area ratio. Maximum floor area ratio, .8 to
1.
8.
Impervious coverage. Maximum coverage, eighty percent
(80%). Fifty percent (50%) of the required open space shall be in
the front one-third (1/3) of the lot or in front of the principal
structure.
D.
Performance Standards. To be a permitted industrial use
in Light Industrial District ("M-1"), whether as a permitted use or
as a special use, such use must meet the following performance standards:
1.
Physical appearance. All operations shall be carried
on within an enclosed building except that new material or equipment
in operable condition may be stored in the open. Normal daily wastes
of an inorganic nature may be stored in containers not in a building
when such containers are not readily visible from the street. Junk,
salvage, auto wrecking and similar operations shall be shielded from
view from streets and from adjacent properties in another district
by means of sturdy, sight-obscuring eight (8) foot high fence in good
repair and two (2) rows of alternate planted evergreen trees.
2.
Fire hazard. Operations involving the use of flammable
gases, acid, liquids, grinding process or other inherent fire hazards
shall obtain any necessary permits from the Fire Department.
3.
Noise. No operation shall be carried on which involves
noise in excess of the normal traffic noise of the adjacent street
at the time of the daily peak hour of traffic volume. Noise shall
be measured at the property line and when the level of such noise
cannot be determined by observation with the natural senses, a suitable
instrument may be used and measurement may include breakdowns into
a reasonable number of frequency ranges. All noise shall be muffled
so as not to be objectionable due to intermittence, heat frequency
or shrillness.
4.
Sewage and liquid wastes. No operation shall be
carried on which involves the discharge into a sewer, watercourse
or the ground of liquid wastes of any radioactive nature or liquid
wastes of a chemical nature which are detrimental to normal sewage
plant operation or corrosive and damaging to sewer pipes and installations.
5.
Air contaminants.
a.
Air contaminants and smoke shall be less dark than designated Number
One (1) on the Ringleman Chart as published by the United States Bureau
of Mines, except that smoke of a density designated as Number One
(1) shall be permitted for one (1) four (4) minute period in each
one-half (½) hour. Light colored contaminants of such an opacity
as to obscure an observer's view to a degree equal to or greater than
the aforesaid shall not be permitted.
b.
Particulate matter of dust as measured at the point of emission by
any generally accepted method shall not be emitted in excess of two-tenths
(0.2) grains per cubic foot as corrected to a temperature of five
hundred degrees Fahrenheit (500°F), except for a period of four
(4) minutes in any one-half (½) hour, at which time it may
equal but not exceed six tenths (0.6) grains per cubic foot as corrected
to a temperature of five hundred degrees Fahrenheit (500°F).
c.
Due to the fact that the possibilities of air contamination cannot
reasonably be comprehensively covered in this Section, there shall
be applied the general rule that there shall not be discharged from
any sources whatsoever such quantities of air contaminants or other
materials in such quantity as to cause injury, detriment, nuisance
or annoyance to any considerable number of persons or to the public
in general or to endanger the comfort, repose, health or safety of
any such considerable number of persons or to the public in general
or to cause or have a natural tendency to cause injury or damage to
business, vegetation or property.
6.
Odor. The emissions of odors that are generally
agreed to be obnoxious to any considerable number of persons shall
be prohibited. Observations of odor shall be made at the property
line of the establishment causing the odor. As a guide to classification
of odor, it shall be deemed that strong odors of putrefaction and
fermentation tend to be obnoxious and that such odors as associated
with baking or the roasting of nuts and coffee shall not normally
be considered obnoxious within the meaning of this Chapter.
7.
Gases. The gases sulphur dioxide and hydrogen sulphide
shall not exceed five (5) parts per million. All nitrous fumes shall
not exceed one (1) part per million. Measurements shall be taken at
the property line of the particular establishment involved.
8.
Vibration. All machines including punch presses
and stamping machines shall be so mounted as to minimize vibration
and in no case shall such vibration exceed a displacement of three-
thousandths (0.003) of an inch measured at the property line. The
use of steam or broad hammers shall not be permitted in this district.
9.
Glare and heat. All glare, such as welding arcs
and open furnaces, shall be shielded so that they shall not be visible
from the property line. No heat from furnaces or processing equipment
shall be sensed at the property line to the extent of raising the
temperature of air or materials more than five degrees Fahrenheit
(5°F).
10.
Hazardous materials. Operations involving the storage
and/or use of hazardous materials in reportable quantities, as classified
by the Environmental Protection Agency (EPA), shall obtain any necessary
permits from the Fire Department and make improvements to the building
and grounds required by the International Fire Code.
[1]
Editor's Note — At the direction of the City, the word
"uniform" was changed to "international" before fire code in this
section.
[Ord. No. 1084 §225, 3-10-1997]
A.
The
"M-2" Heavy Industrial District is intended as an area for development,
industrial and manufacturing uses that are typically located on large
sites planned for heavy industrial development.
B.
In District "M-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For special provisions, see Section 400.220, "Additional
Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)
C.
Site Development Regulations. Same as District "M-1".
D.
Performance standards. To be permitted industrial uses in
Heavy Industrial ("M-2"), whether as a permitted use or as a conditional
use, such uses must meet the following performance standards:
1.
Appearance. Junk, salvage, auto wrecking and similar
operations shall be shielded from view from streets and from adjacent
properties in another district by means of a sturdy, sight-obscuring
eight (8) foot high fence in good repair and two (2) rows of alternate
planted evergreen trees.
2.
Fire hazard. All flammable substances involved in
any activity established in this district shall be handled in conformance
with the latest edition of the Fire Prevention Code published by the
American Insurance Association and other City ordinances.
3.
Noise. All noises and noise-causing activities shall
be muffled so that they will not create a disturbance greater than
normal peak hour traffic noise on a major street when observed from
any area residential district. Major street noise for comparison purposes
shall be measured at the property line.
4.
Sewage and other liquid waste. No operation shall
be carried on which involves the discharge into a sewer, watercourse
or the ground of a liquid waste of any radioactive nature or liquid
waste of a chemical nature which are detrimental to normal sewage
plant operation or corrosive and damaging to sewer pipes and installations.
5.
Air contaminants.
a.
Air contaminants and smoke shall be less dark than designated Number
Two (2) on the Ringleman Chart as published by the United States Bureau
of Mines, except that smoke of a density designated as Number Two
(2) shall be permitted for one (1) four (4) minute period in each
one-half (½) hour. Light-colored contaminants of such opacity
as to obscure an observer's view to a degree equal to or greater than
the aforesaid shall not be permitted.
b.
Particulate matter or dust as measured at the point of emission by
any generally accepted method shall not be emitted in excess of two-tenths
(0.2) grains per cubic foot as corrected to a temperature of five
hundred degrees Fahrenheit (500°F).
c.
Due to the fact that the possibilities of air contaminants cannot
be comprehensively covered in this Section, there shall be applied
the general rule that there shall not be discharged from any source
whatsoever such quantities of air contaminants or other material in
such quantity as to cause injury, detriment, nuisance or annoyance
to any considerable number of persons or to the public in general
or to endanger the comfort, repose, health or safety of any such considerable
number of persons or the general public or to cause or have a natural
tendency to cause injury or damage to business, vegetation or property.
6.
Odor. Odor-causing operations shall be controlled
so as to reduce escape of odors to the minimum practical within the
limits of technology and economics.
7.
Gases. All noxious gases shall be controlled to
the extent that they will not be injurious of life and property. The
gases sulphur dioxide and hydrogen sulphide shall not exceed five
(5) parts per million, carbon monoxide shall not exceed twenty-five
(25) parts per million, and nitrous fumes shall not exceed five (5)
parts per million. All measurements shall be made at the property
line.
8.
Vibration. All machines including punch presses
and stamping machines shall be mounted so as to minimize vibration.
Vibration shall not be so excessive that it interferes with industrial
operations on nearby lots.
9.
Hazardous materials. Operations involving the storage
and/or use of hazardous materials in reportable quantities, as classified
by the Environmental Protection Agency (EPA), shall obtain any necessary
permits from the Fire Department and make improvements to the building
and grounds as required by the International Fire Code.
[1]
Editor's Note — At the direction of the City, the word
"uniform" was changed to "international" before fire code in this
section.
[Ord. No. 1084 §230, 3-10-1997]
A.
Purpose.
1.
An industrial park is designed as a coordinated environment for a
variety of industrial and related activities. The project is developed
or controlled by one (1) proprietary interest. The development may
be on one (1) parcel, may be subdivided, may have condominium ownerships
or a combination of these types. Uses may include manufacturers, warehouses,
distribution firms, some offices and limited retail activities. Support
uses are generally oriented towards uses in or near the industrial
park. A limit is placed on the percentage of office and retail uses
thirty-five percent (35%).
2.
To insure internal compatibility, efficient service and compatibility
with surrounding land uses, master plans must be approved by the City.
Covenants, conditions and restrictions (C, C and Rs) must be recorded
and a copy thereof provided to the City.
B.
In District "I-P", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls" and Section 400.240, "Conditional
Uses".)
1.
Commercial uses. Same as "M-1", except for animal
services and kennels are not permitted.
3.
Other uses.
a.
Administrative and business offices, provided the offices are included
in a structure or integrated complex of at least fifteen thousand
(15,000) square feet of developed gross floor area.
b.
Business support services.
c.
Business or trade school.
d.
Day care services (commercial).
e.
Financial services.
f.
Hotel — motel, provided the following conditions are met:
(1)
Hotels and motels developed within an "I-P" zone shall have
a business orientation designed to compliment the businesses in the
park and shall provide conference facilities at a minimum ratio of
fifteen (15) square feet of floor area for each room.
(2)
Access to all rooms shall be provided by interior corridors.
g.
Personal services, restaurant (limited) and retail sales or rental
(convenience), provided such uses are included in a structure or integrated
complex of at least fifteen thousand (15,000) square feet of developed
gross floor area and provided the personal services, restaurant (limited)
and retail sales or rental (convenience) occupy no more than thirty-five
percent (35%) of the complex.
C.
Site Development Regulations. Each site in the "I-P" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Lot size. Minimum lot area, one (1) acre. The total
industrial park shall contain at least twenty (20) acres.
2.
Height. No maximum height established.
3.
Front yard. The minimum front yard shall be twenty (20) feet, except that at all boundaries of the park adjacent to a public street, a forty (40) foot setback shall be required as landscaped open space. (See Section 400.250, "Setback Regulations".)
4.
Side yard. The minimum side yard setback shall be
fifteen (15) feet, except that at all boundaries of the park adjacent
to a public street, a forty (40) foot setback shall be required as
landscaped open space.
5.
Rear yard. Minimum required setback, twenty (20)
feet, except that at all boundaries of the park adjacent to a public
street, a forty (40) foot setback shall be required as landscaped
open space.
6.
Floor area ratio. Maximum floor area ratio, .65
to 1.
7.
Impervious coverage. Maximum coverage, eighty percent
(80%).
10.
An industrial park shall contain not less than twenty (20) acres
and shall be developed by a single entity. Lots may be sold to separate
users but the sale of lots must be accompanied by protective covenants
assuring a high level of architecture, site improvements and their
continued maintenance. Covenants shall include, at a minimum, a property
owners' association, provisions for maintenance of individual sites
and common areas, standards for finishing of buildings, and design
standards for signs. Such covenants shall be submitted with the application
for an industrial park zoning classification.
11.
At all park boundaries abutting a public street, a forty (40) foot
setback shall be maintained as landscaped open space. This setback
may be averaged over a single frontage provided a minimum setback
of twenty-five (25) feet is provided. Any loading area adjacent to
an exterior park boundary street or a residential area abutting the
park boundary shall be buffered with landscape materials in conjunction
with earthen berms.
12.
All products that are stored or sold and materials used in production
shall not be visible from exterior park boundary streets or from residential
uses abutting the park boundary. All services shall be rendered inside
a building with the exception of outdoor play areas for licensed day
care facilities.
13.
All company service vehicles, fleet trucks, etc., used in conjunction
with a permitted use shall be stored overnight such that they are
screened with a landscape buffer or not visible from exterior park
boundary streets or from residential properties abutting the park
boundary.
14.
The gross floor area for uses other than industrial uses shall not
exceed more than thirty-five percent (35%) of the total gross floor
area within the industrial park.
D.
Performance Standards. Same as District "M-1".
[Ord. No. 1084 §240, 3-10-1997; Ord. No. 1128 §1, 9-8-1997; Ord.
No. 2067, 2-22-2010]
A.
Purpose.
1.
A Planned Overlay District shall be for the purpose of permitting
and regulating the zoning districts previously cited in this Chapter
and shall provide latitude and flexibility in location of buildings,
structures, open spaces, play areas, parking, roads, drives, variations
in setback and yard requirements. The Planning and Zoning Commission
shall consider each plan and make its recommendation to the Board
of Aldermen, which shall then make a determination as to approval
or disapproval of the plan.
2.
Land may be zoned as District "P" (Planned Overlay District) by the
Board of Aldermen on its own motion, whenever it is felt that such
land would be better developed and fulfill the intent of the City's
land use and Comprehensive Plan development. The owner or developer
of such land designated as a District "P" (Planned Overlay District)
by the Board of Aldermen shall submit a site development plan to the
Planning and Zoning Commission which must be considered during a public
hearing by said Commission and recommendation made to the Board of
Aldermen and then approved by the Board of Aldermen during a public
hearing before the land may be developed.
3.
The owner or developer of land determined by the Board of Aldermen
to be better developed as a planned development shall, prior to such
development, prepare and submit to the Planning and Zoning Commission
a site development plan with the following elements:
a.
The boundaries of the area and the development of property adjacent
to the area and within three hundred (300) feet thereof.
b.
The existing topography in intervals no greater than two (2) feet.
c.
Proposed location, number, type and arrangements of buildings, typical
elevation, structures, parking areas, existing and proposed streets,
drives, open spaces, play areas and other reasonable information required
by the Commission. The plan shall be accompanied by a plat giving
full legal description of the boundaries of the property.
B.
Land
may be zoned under this Planned District classification "R-1P" through
"M-2P", inclusive, subject to the submission of the overall site development
plan to the Planning and Zoning Commission for a recommendation and
report to the Board of Aldermen and approval of such site development
by the Board of Aldermen. The site development plan, as approved,
shall be entered into the records of the Planning and Zoning Commission,
Board of Aldermen and the Planning Officer and conformance to the
plan shall be mandatory, except as provided therein or unless a change
in such site development plan is reviewed by the Planning and Zoning
Commission because of change in conditions and recommendation made
to the Board of Aldermen and such change is approved by the Board
of Aldermen. The Planning Officer may allow the developer to make
the following changes in the approved site development plan as a result
of unforeseen engineering problems:
1.
Move private streets and driveways by not more than ten (10) feet.
2.
Move the location of structures by not more than ten (10) feet so
long as not to violate any setback regulations.
3.
Move the location of any parking area by not more than twenty (20)
feet so long as it would not come closer than twenty (20) feet to
any residential structure or ten (10) feet from any street or right-of-way
lines.
4.
Change the configuration of any parking area so long as the number
of spaces is not reduced.
5.
Change the location of sidewalks and pathways provided that all points
remain connected.
6.
Change the building size by a total of not more than one hundred
(100) square feet for a residential structure and by a total of not
more than five percent (5%) for a commercial structure so long as
no setback and parking regulations are violated.
C.
Use.
1.
The uses permitted in any planned district shall be the same as in
the corresponding regular district; for example, the uses permitted
in "M-1P" shall be the same as in "M-1".
2.
"M-1P" Districts located north of I-70 and west of Buckner Tarsney
Road may allow uses permitted in "C-2" and "C-3" zoning districts.
D.
Requirements And Standards.
1.
The amount of open space, buffer zone, yard, parking, play area,
density, floor area ratio and height requirements shall be determined
by the Board of Aldermen after recommendation by the Planning and
Zoning Commission. Buildings over the maximum allowable height of
the base district shall be allowed, provided that any part of the
structure over the maximum allowable height of the base district shall
be set back from all property lines one (1) additional foot for each
additional foot in height.
2.
The Board of Aldermen shall use the requirements and standards found
in the base zoning district as a guide in making such determination
and may permit adjustments from these requirements and standards in
the interest of efficient land development and utilization if it is
deemed that other amenities or conditions will be gained to the extent
that an equal or higher quality development is produced.
a.
A District "P" may be established on a tract of land in single ownership
or under unified control.
b.
The net area of land to be included in a District "P" and so designated
shall be at least two and one-half (2½) acres in size. The
term "net area", as used herein, shall not include
any areas within dedicated highways, streets, alleys or any other
public ways or public property.
c.
The location of any District "P" shall be on property which has direct
access to major thoroughfares and the Planning and Zoning Commission
and Board of Aldermen shall satisfy itself as to the adequacy of the
thoroughfares to carry the additional traffic projected to be generated
by the development.
d.
No building permit shall be issued for any construction in this District "P" until the Board of Aldermen has approved the final development plan for the building and site, except that individual sites may be approved by the Planning Officer if all of the provisions of the comprehensive zoning ordinance are met. When any latitude or flexibility, as allowed for in Subsection (A) of this Section is requested, the review and approval shall be done by the Planning and Zoning Commission and the Board of Aldermen.
e.
Applicants requesting approval of development plans on undeveloped
Planned Overlay District properties in existence at the time this
Chapter is adopted shall submit preliminary development plans concurrent
with preliminary plats.
f.
Development of a single lot or parcel not exceeding one (1) acre
is exempt from the requirements to submit a preliminary development
plan.
g.
The site development plan for any construction or development shall
include provisions to meet the following standards:
(1)
Each exterior wall within three hundred (300) feet of and visible
from the right-of-way of I-70 or Buckner Tarsney Road shall be constructed
with one hundred percent (100%) coverage of all exterior visible walls
with the following materials:
(a)
Masonry. Masonry construction shall include
all masonry construction which is composed of solid, cavity, faced
or veneered-wall construction or similar materials.
(i)
Stone material used for masonry construction may consist of
granite, sandstone, slate, limestone, marble or other hard and durable
all-weather stone. Ashlar, cut stone and dimensioned stone construction
techniques are acceptable.
(ii)
Brick material used for masonry construction shall
be composed of hard fired (kiln fired) all-weather common brick or
other all-weather facing brick.
(iii)
Stucco or approved gypsum concrete/plaster materials.
(b)
Glass walls. Glass walls shall include glass
curtain walls or glass block construction. A "glass curtain
wall" shall be defined as an exterior wall which carries
no floor or roof loads and which may consist of a combination of metal,
glass and other surfacing material supported in a metal framework.
(c)
Wood. Plywood paneling shall be prohibited.
(d)
Any other material not specifically excluded, provided the material
is approved by the Board of Aldermen.
(2)
Each exterior wall facing a public street shall consist of no
less than twenty percent (20%) coverage of building materials noted
in paragraph (1).
(5)
Certain restrictions and limitations.
(a)
Exposed front and street sidewall facades, excluding windows,
doors or overhead doors, consisting of a single undifferentiated plane
with a single texture or color shall be prohibited.
(b)
Not less than fifteen percent (15%) of the area of each front
exterior facade and street sidewall where a building is located on
a corner lot, excluding windows, doors or overhead doors, shall be
recessed, projected or alternately staggered from the primary plane
of the wall. For purposes of this Section, fascias shall not be counted
as a projection from the primary plane.
(c)
Roof-mounted equipment, excluding satellite dishes, shall be
screened from view (one hundred percent (100%) opacity) or isolated
so that it is not visible from ground level of any adjacent applicable
public thoroughfare up to a maximum of three hundred (300) feet away
and no more than three (3) feet of equipment shall be visible from
other adjoining property. The appearance of roof screen shall be coordinated
with the building to maintain a unified appearance.
(d)
Electrical and mechanical equipment in excess of three (3) feet
in height and visible from any adjacent public thoroughfare or a residentially
zoned area shall be screened from view (one hundred percent (100%)
opacity) up to a maximum of three hundred (300) feet away. Such screens
and enclosures shall be treated as integral elements of the building's
appearance.
(e)
Mirrored glass with a reflectance greater than forty percent
(40%) shall not be permitted on more than twenty percent (20%) of
the exterior wall of any building.
(f)
Maintenance. The exposed walls and roofs of
buildings shall be maintained in a clean, orderly and attractive condition,
free of cracks, dents, punctures, breakage and other forms of visible
marring. Materials that become excessively faded, chalked or otherwise
deteriorated shall be refinished or repainted. "Excessively
faded" shall be defined as a color change exceeding seven
(7) Delta E (Hunter) units under ASTM D2244. "Excessively
chalked" shall be defined as chalk in excess of ASTM D759
number six (6) rating.
h.
Any loading area adjacent to an exterior park boundary street or
a residential area shall be buffered with landscape materials in conjunction
with earthen berms.
i.
All products that are stored or sold and materials used in production
shall be kept inside a building and all services shall be rendered
inside a building with the exception of outdoor play areas for licensed
day care facilities.
j.
All company service vehicles, fleet trucks, etc., used in conjunction
with a permitted use shall be stored overnight such that they are
screened with a landscape buffer or not visible from exterior park
boundary streets or residential properties abutting the park boundary.
E.
Preliminary Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted
at the same time as the rezoning request. No rezoning request will
be considered until all required elements have been submitted.
1.
Two (2) full size copies and two 11" x 17" copies of the preliminary
development plan shall be submitted in support of the application
for rezoning. The preliminary development plan shall contain the following
information:
a.
North arrow and scale. All preliminary development
plans are to be drawn to a standard engineer's scale. All items shown
on the preliminary development plan including, but not limited to,
streets, driveways and buildings shall be drawn to scale. The actual
scale used will depend on the development and shall be subject to
the approval of the Planning Officer.
b.
With regard to the subject property only:
(1)
Existing topography with contours at five (5) foot intervals
and delineating any land areas within the 100-year floodplain.
(2)
Proposed location of buildings and other structures, parking
areas, drives, walks, screening, drainage patterns, public streets
and any existing easements.
(3)
Sufficient dimensions to indicate relationships between buildings,
property lines, parking areas and other elements of the plan.
(4)
General extent and character of the proposed landscaping.
(5)
Preliminary storm water collection, detention and erosion control
plans, showing existing facilities.
(6)
An analysis of the capacity of the existing sanitary sewer receiving
system.
c.
With regard to areas within two hundred (200) feet of the subject
property:
(1)
Any public streets which are of record.
(2)
Any drives which exist or are proposed such that their location
and size are shown on plans on file with the City, except those serving
single-family houses.
(3)
Any buildings which exist or are proposed such that their location
and size are shown on plans on file with the City. Single-family and
two-family residential buildings may be shown in approximate location
and general size and shape.
d.
A schedule indicating total floor area, land area, parking spaces,
open space, land use intensity and other quantities which are described
in the preliminary development plan.
e.
A schedule indicating the stages proposed to be followed in the construction
of the development.
2.
Two (2) copies of a preliminary sketch shall be submitted depicting
the general style, size and exterior construction materials of the
buildings proposed. In the event of several building types, a separate
sketch shall be prepared for each type. Such sketches shall include
elevation drawings, but detailed drawings and perspectives are not
required.
3.
Two (2) copies of a thoroughfare plan showing the general arrangements
of streets within one thousand (1,000) feet of the boundaries of the
area proposed for development.
4.
Traffic Impact Analysis (TIA). A TIA may be required
by the Planning Officer whose decision is appealable to the Planning
and Zoning Commission whose decision is appealable to the Board of
Aldermen. In addition, the Planning and Zoning Commission or Board
of Aldermen on their own motion may require a Traffic Impact Analysis.
Elements which will be considered in the determination of requiring
a Traffic Impact Analysis, include, but are not limited to:
F.
Preliminary Development Plan — Revisions.
1.
Changes in the approved preliminary development plan.
a.
Changes in the preliminary development plan which are not substantial
or significant may be approved by the Planning and Zoning Commission
and disapproval of such changes by the Planning and Zoning Commission
may be appealed to the Board of Aldermen within ten (10) business
days of the Planning and Zoning Commission decision.
b.
Substantial or significant changes in the preliminary development plan may be approved after rehearing by the Planning and Zoning Commission; such rehearing shall be in accordance with Section 400.330, "Amendments".
c.
For purposes of this Section, "substantial or significant
changes" in the preliminary development plan shall mean any
one (1) or more of the following:
(1)
Increases in the floor area of each building or buildings presented
in the preliminary development plan by more than ten percent (10%)
or decreases in the floor area of any building by equal to or greater
than fifty percent (50%).
(2)
Increases in lot coverage by more than five percent (5%).
(3)
Increases in the height of any building by more than twenty
percent (20%).
(4)
Changes of architectural style which will make the project less
compatible with surrounding uses.
(5)
Changes in ownership patterns or stages of construction that
will lead to a different development concept.
(6)
Changes in ownership patterns or stages of construction that
will impose substantially greater traffic loads on streets and other
public facilities.
(7)
Decreases of any peripheral setback of more than five percent
(5%).
(8)
Decreases of areas devoted to open space of more than five percent
(5%) or the substantial relocation of such areas.
(9)
Changes of traffic circulation patterns that will affect traffic
outside of the project boundaries.
(10)
Modification or removal of conditions or stipulations to the
preliminary development plan approval.
2.
The determination of whether a proposed revised preliminary development
plan contains "substantial or significant changes" shall be made by the Planning Officer.
G.
Final Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted
for approval of a final development plan.
1.
Two (2) full size and two 11" x 17" copies of a final development
plan for any building or buildings to be constructed within the development
shall be submitted in support of the application. The final development
plan shall contain the following information:
a.
Site plan.
(1)
Finished grades or contours for entire site (two (2) foot contour
intervals).
(2)
All adjacent public street right-of-way, existing and proposed,
with centerline location.
(3)
All adjacent public street and private drive locations, widths,
curb cuts and radii (existing and proposed).
(4)
Location, width and limits of all existing and proposed sidewalks.
(5)
Location, size and radii of all existing and proposed median
breaks and turning lanes.
(6)
Distance between all buildings, between buildings and property
lines, and between all parking areas and property lines.
(7)
Location of all required building and parking setbacks.
(8)
Location, dimensions, number of stories and area in square feet
of proposed buildings.
(9)
Area of land on site plan in square feet or acres.
(10)
Limits, location, size and material to be used in all proposed
retaining walls.
(11)
Location and dimensions of all driveways, parking lots, parking
stalls, aisles, loading and service areas and docks.
(12)
Location, height, candlepower, direction of lighting and type
of outside lighting fixtures for buildings and parking lots.
(13)
Location, size, type of material and message of all proposed
monument or detached signs.
(14)
Pertinent peripheral information to include adjacent developments,
alignment and location of public and private driveways and streets,
medians, public and semi-public easements.
(15)
Final stormwater collection, detention and erosion control plans.
(16)
Final analysis of the capacity of the existing sanitary sewer
receiving system.
2.
All final development plans are to be drawn to a standard engineer's
scale. The actual scale used will depend on the development and shall
be subject to the approval of the Planning Officer.
3.
The following shall be submitted in support of the application for
final development plan approval:
a.
Deeds of dedication for all rights-of-way or easements required as
a result of preliminary development plan approval if conveyance thereof
is not to be made by plat.
b.
A copy of all covenants and restrictions applicable to the development
if required by the terms of the approved preliminary development plan.
c.
Evidence of the establishment of the agency for the ownership and
maintenance of any common open space and all assurances of the financial
and administrative ability of such agency required pursuant to approval
of the preliminary development plan, if required by the terms of the
approved preliminary development plan.
d.
Evidence of satisfaction of any stipulations of the preliminary development
plan approval which were conditions precedent to consideration of
the final development plan.
H.
Final Development Plan — Consideration.
1.
Application for a final development plan approval shall be submitted
for approval by the Planning and Zoning Commission and by the Board
of Aldermen.
2.
The Planning and Zoning Commission may recommend approval, approval
with stipulations or conditions or recommend disapproval of any development
plan and the Board of Aldermen may approve, conditionally approve
or disapprove any final development plan.
3.
In the event of a determination that changes in the proposed final development plan are substantial changes from the approved preliminary development plan and thereby denied by the Board of Aldermen, the same or a similar application may not be considered again by the Planning Commission and Board of Aldermen except through the public hearing process, in accordance with Section 400.330, "Amendments" and Section 410.340, "Resubmission of Application".
4.
No building permit shall be issued for any construction in this District
"P" until the Board of Aldermen has approved the final development
plan for the building and site.
5.
The proponents of a Planned District shall prepare and submit a schedule
of construction, which construction shall begin within a period of
one (1) year following approval of the final development plan by the
Board of Aldermen. Failure to begin the construction as scheduled
shall void the final development plan as approved, unless a request
for an extension of time is made by the proponents to the Board of
Aldermen and approved by said Board.
6.
Adjustments to final development plan.
a.
After the zoning change has been made and the final development plan
has been approved and when, in the course of carrying out this plan,
adjustments or rearrangements of buildings, parking area, entrances,
heights or open spaces are requested by the proponents and such requests
conform to the standards established by the approved final development
plan for area to be covered by buildings, parking spaces, entrances,
height, setback and other requirements, such adjustments may be approved
by the Planning Officer pursuant to the final development plan considerations.
b.
In addition to the above, the Planning Officer may, without the approval
of the Planning and Zoning Commission or Board of Aldermen, allow
the developer to make the following changes in the approved final
plan as a result of unforeseen engineering problems:
(1)
Move private streets and driveways by not more than ten (10)
feet.
(2)
Move the location of structures by not more than ten (10) feet
so long as not to violate any setback regulations.
(3)
Move the location of any parking area by not more than twenty
(20) feet so long as it would not come closer than twenty (20) feet
to any residential structure or ten (10) feet from any street or right-of-way
lines.
(4)
Change the configuration of any parking area so long as the
number of spaces is not reduced below the required number of spaces.
(5)
Change the location of sidewalks and pathways provided that
all points remain connected.
7.
Along any other property line abutting or adjoining a residentially
zoned district, there shall be a setback of at least ten (10) feet
for any building or parking lot. The Planned District shall be permanently
screened from such abutting or adjoining properties zoned for residential
use by wall, fence or other suitable enclosure at least six (6) feet
in height. The area adjacent to such wall or fence shall be planted
with trees and shrubs to form an ornamental screen and trees and shrubs
shall be properly and adequately maintained by the developer.
8.
The building line along any street shall be consistent with the building
line established in any neighboring residential districts. The Planning
and Zoning Commission may recommend to the Board of Aldermen a reduction
in the above required setbacks where the situation will reasonably
warrant such reductions and the Board of Aldermen may, in their discretion,
adjust such setbacks.
[Ord. No. 1084 §250, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
Statement Of Intent.
1.
The designation Planned Unit Development is a zoning district to
be used in conjunction with other zoning districts as an overlay district.
It is the intent of this Section to provide for integrated developments
having harmony of design and variety of function. A Planned Unit Development
(PUD) shall be a well-planned community utilizing a creative approach
to develop an environmentally sound neighborhood which may contain
varied uses and which does contain open space developed according
to the needs of the residents. PUDs are given a flexibility in the
design of buildings, yards and circulation patterns in order to produce:
a.
A maximum choice in the type of environment and living units available
to the public. Residential areas must be well-designed and may contain
a variety of residential structures and building arrangements such
as single-family, duplexes, patio homes, zero lot line houses and
town houses.
b.
Open space and recreational amenities developed according to the
needs of the residents and the capacity of the land for such development.
c.
A pattern of development which conserves the natural amenities and
environmental assets of the land. Such a development must be environmentally
and ecologically sound. It must take into account the limitations
of the land under development and work within the framework of those
limitations to prevent soil erosion by either wind or water.
d.
A creative and innovative approach to site planning which utilizes
the land efficiently, resulting in smaller networks of utilities and
streets and thereby lowers housing cost.
e.
An environment of stable character compatible with and complimentary
to diverse surrounding development. Such development may include commercial
or industrial, provided that land use limitations and socio-economic
factors are weighed properly in the decision-making process.
f.
(1)
A more desirable environment than would be possible through
the strict application of other Sections of the ordinance.
(2)
The Planned Unit Development is designed to meet the needs of
small- and large-scale developments incorporating a single type or
a variety of residential and related uses which are planned and developed
as a unit. Such development may consist of individual lots or common
building sites, but the planned unit concept is not intended to permit
a greater density or uses different from those set forth in the regulations
of the zoning district in which the development is located. Common
land must be an essential and major element of the plan which is related
to and affects the long-term value of the homes and other development.
A planned unit shall be a separate entity with a distinct character
in harmony with surrounding development.
B.
Design Criteria.
1.
These design criteria, together with other administrative rules and
regulations, are the basic criteria for all PUDs. These design criteria
shall be used in designing the preliminary and final plans and plats.
a.
Location. The designation Planned Unit Development
(PUD) is a zoning district to be used in conjunction with other zoning
districts as an overlay district. A planned unit development shall
be permitted in any district except "P" (Planned District).
b.
Minimum site size. The minimum size of the site
upon which a planned unit development shall be located shall be not
less than three (3) acres for commercial developments, not less than
five (5) acres for residential development, and not less than twenty
(20) acres for industrial, educational, medical and other types of
institutional development.
c.
Permitted uses. The following uses shall be permitted
in a planned unit development; however, commercial or industrial development
shall not be permitted in an area zoned for residential use only.
(1)
Dwelling units (attached, detached, semi-attached or groups
or attached or clustered or multi-storied structures or any combination
thereof); and non-residential uses which are designed or intended
to serve the residents of the planned unit development.
(2)
Commercial uses having a major impact upon the municipality
as a whole or major sub-elements thereof, such as shopping centers,
office complexes, major recreational and entertainment facilities,
together with such other uses that are designed or intended to serve
such activities and uses.
(3)
Industrial parks, including other supporting uses necessary
for and designed or intended to serve such activities or uses.
d.
Permitted densities.
(1)
It is the intent of this Section that the gross density within
a PUD not exceed the gross density of the zoning district in which
the PUD is located. For the purpose of computation, the following
are recommended densities. Higher densities are possible based on
the development plan being presented.
"R-1", "R-1A", "R-1B", "R-1C" PUD — 4.25 units per acre
| |
"R-2" PUD — 5.95 units per acre
| |
"R-3" PUD — 19.6 units per acre
|
(2)
The preceding densities are gross densities and refer to the
number of family living units provided by the total area of the site
including streets, park areas and all other land. The maximum number
of permitted family units may be calculated by multiplying the gross
area by the maximum permitted density. In cases where more than one
(1) district is included, the number of permitted family units must
be calculated for each district independently.
e.
Land use planning. Land use planning for all development
shall relate appropriately to all site conditions and to the existing
or permissible development of adjoining properties.
f.
General site design. A site design shall be provided
which includes an arrangement of all site facilities necessary to
create a safe, functional, convenient, healthful, durable and attractive
living environment for residents.
g.
Design quality. All elements of the site design
shall be organized in an orderly and efficient manner. The site design
shall provide an environmentally beneficial development. Outdoor accommodations
presented in these standards for basic and necessary resident activities
shall be provided where and as appropriate.
h.
Carrying capacity of the land. Development shall
not be permitted which exceeds the carrying ability of the land, as
related to the following:
(1)
Topography of the site and the associated problems of building
on steep slopes.
(2)
Drainage of areas especially as a result of storm runoff.
(3)
Permeability of the soil especially as it relates to the dispersion
of waste from septic tanks.
(4)
Subsurface geology as it relates to the ability to support structures.
This is of particular concern in those areas which have undergone
subsurface rock quarrying activity.
i.
Site surroundings. The site design shall be coordinated with all existing and proposed plans for the surrounding community. The site design shall be arranged when practical and possible to harmonize with and complement functions and appearance of site surroundings which have a significant bearing on the site. Where the surroundings of a site have incongruous functions or undesirable visual conditions, buffers or screen devices sufficient to separate or modify these unpleasant conditions shall be provided (and as required in Section 400.280, Landscaping and Screening).
j.
Site utilization. The site design shall be arranged
to utilize and preserve the favorable features and characteristics
of the site and to avoid or minimize the potential harmful effect
of unfavorable features. Parcels containing inter-related functional
uses within the planned unit development, which have been separately
identified by a metes and bounds description on the preliminary plan,
may be amended separately from the entire planned unit development
if requested by the applicant and determined by the Board of Aldermen
as not seriously affecting the overall planned unit development.
k.
Topography.
(1)
In the design of a site, the effect of topographic conditions
on the costs of development and operations shall be considered when
locating various uses on the land. No site design shall have land
uses combined with site conditions in a manner which prevents a functional
development or in a manner which prevents correction of a potential
hazard.
(2)
Grading design shall use natural drainage ways for drainage
where possible and shall not cause or increase erosion conditions
within or adjoining the site.
(3)
Grades should be designed to retain original ground surface
levels to the limits of the branch spread of trees and around other
natural vegetation to be preserved in place.
(4)
All elements of the site design shall be designed to fit the
natural contour of the land as closely as possible and practicable.
l.
Surface drainage.
(1)
Buildings, structures, streets, paved areas and utilities shall
be located on the site in areas of the least potential ground water
hazard.
(2)
Grades should not be designed which direct a concentrated flow
of surface drainage over existing or proposed slopes.
(3)
Where storm drainage flow is concentrated, permanently maintainable
facilities which can include vegetation shall be provided to prevent
significant erosion and other damage or flooding on site or on adjacent
properties.
(4)
Drainage shall be designed using either surface or subsurface
drainage or both to accommodate storm runoff without adversely affecting
structures calculated on the basis of ultimate foreseeable developed
conditions of contributory site and off-site drainage areas for 25-year
frequency floods.
m.
Slopes. All earth slopes with grades of thirty percent
(30%) or steeper shall be planted with appropriate vegetative cover
to minimize erosion.
n.
Vegetation.
(1)
Existing healthy trees, shrubs and natural cover of good quality
which will contribute to the living environment and which can be saved
shall be preserved to the fullest extent practical.
(2)
Fences or other equally effective barriers should be provided
during construction which will protect the ground area beneath the
branches of trees and other areas of natural vegetation to be preserved
from vehicular intrusion, materials storage or other construction
activities.
(3)
Walls, tree wells and/or other devices of appropriate design
should be provided to preserve the life of trees which would otherwise
be adversely affected by nearby grade changes.
o.
Usable open space. A minimum of sixty percent (60%)
of a residential project should be "usable open space" which is defined as land which is free of buildings, structures
and other substantial improvements. The following examples are listed
by way of illustration to indicate what may be counted as usable open
space within this definition:
(1)
Outdoor swimming pools, swimming pool areas, hard surface recreational
areas and other recreational areas, provided these areas are unenclosed
except for fences, canopies, bathhouses or other minor structures.
(2)
Customary driveways for one- and two-family dwellings.
(3)
Flat roofs with improved recreational and open space facilities
with ready access.
(4)
A maximum of one-half (½) of the usable open space requirements
may be satisfied by that portion of public or private rights-of-way
adjacent to the site and which at the ultimate expected pavement width
for that classification of street will remain unpaved.
(5)
Enclosed open space areas in shopping malls, including walkways.
(7)
Phase or identifiable segment of a residential project shall
contain less than fifty percent (50%) usable open space.
p.
Local open space. A minimum of three percent (3%)
of all residential areas shall be developed as "local open
space" which is defined as usable open space which is designed
to be available to the residents of the project in general, is developed
to meet their recreational needs, and would not normally be considered
as the yard of a particular building. Land which is within twenty-five
(25) feet behind or twenty-five (25) feet in front or ten (10) feet
to either side of a building shall not be included in this definition.
The following standards shall apply:
(1)
Local open space, regardless of size, which is to be dedicated
to the City must be approved by the Park Board and accepted by the
Board of Aldermen.
(2)
No local open space area may be less than twenty thousand (20,000)
square feet except in PUDs of less than fifteen and three-tenths (15.3)
acres, nor larger than three (3) acres (except when stream valley
parks, storm drainage, utility easements or green buffers are included
with the written permission of the Planning and Zoning Commission).
(3)
Any area or segment of an open space less than one hundred (100)
feet in width cannot be calculated as local open space unless it is
clearly part of an overall open space system. For example, a linear
pedestrian system linking larger open spaces could be included in
the calculation.
(4)
A local open space area smaller than twenty thousand (20,000)
square feet or larger than three (3) acres may be authorized, particularly
if practical difficulties or unusual hardship would be caused by the
application of the required standards.
(5)
When open space land is stream valley or floodplain or without
sufficient adequately-sized and reasonably level areas for selected
active recreational use, the City may require that additional land
of a suitable nature be provided even though the total required is
more than the regularly required amount.
(6)
In meeting the local open space requirement, not more than half
the required local open space may consist of the storm drainage reservation
land and the other half must be supplied from other land. In all cases
where storm drainage area is counted toward meeting local open space
requirements, preservation of the natural assets of the land, including
its vegetation, must be provided for in graphic and/or written form,
subject to approval by the Planning and Zoning Commission.
(7)
Required local open space must meet the definition of usable
open space. Land in public utility easements may be included in the
local open space provision to the full extent that the use of the
land is not restricted for recreational purposes. To the extent that
it is restricted, additional land must be designated by the developer.
(8)
A developer may choose to mix his types of housing, i.e., single-family,
row houses, apartments, etc., or to cluster homes and reduce private
yard size. This will, in many cases, result in a substantially larger
open space area than the legal minimum. For example, a site in an
"R-1", "R-1A", "R-1B", "R-1C" zone developed entirely with single-family
homes would provide only the required three percent (3%) of the site
for local open space. If, however, some apartments and row houses
were mixed with the single-family homes in an "R-1", "R-1A", "R-1B",
"R-1C" zone to achieve the same overall density, the lesser physical
space required for the row houses and apartments per dwelling unit
would obviously leave considerably more actual open space.
(9)
Local open space in addition to the three percent (3%) minimum
requirement shall be distributed reasonably throughout the subdivision.
That is, within any portion of a development tract (a portion being
an area separated by roads, by topographic natural or manmade barriers),
the area of local open space should be in proportion to the percentage
of living units within that portion of the tract. Deviations from
this principle will be permitted where:
(a)
Severe topographic or other site conditions restrict the area
in which development is feasible or outstanding natural features worthy
of preservation are present (such as a grove of pine trees) and should
be included in the open space area.
(b)
Transition area requirements are satisfied in terms of open
space.
(c)
A buffer zone of open space would protect homes, such as along
their perimeter of a major highway or an industrial site.
(d)
Utilities such as sewer and water cannot be brought to a portion
of the site.
(e)
The developer can demonstrate that the layout will result in
a clear improvement to the general amenity and greater specific recreational
advantages to the residents of the proposed subdivisions. Such uses
and advantages shall be specified in the restrictive covenants and
provision for the maintenance of such spaces shall be clearly indicated.
Examples are golf courses or systems of horseback trails.
(10)
The distance between clusters of structures should be considerable
less compact than that provided by minimum dimensions. Local open
space areas should be more numerous with shorter service depth. More
space should be provided for amenities, including landscaping, screening,
greater distance between buildings, buffer zones, etc. Center-focus
sites may be more pleasingly connected with each other and homes by
linear spaces.
q.
Development of local open space. Improved local
open space for both active and passive recreation shall be provided
as appropriate where permanent maintenance can be assured. The improvement
shall be consistent with the size of the development, age levels and
needs of intended users and shall consider operation and maintenance
costs.
(1)
Adequate recreation space appropriately equipped shall be provided
consisting of open areas for active recreation such as playgrounds
or major sports and places for passive recreation such as parks and
sitting areas.
(2)
Publicly owned and maintained parks, playgrounds and school
grounds, which are convenient to a development and readily available
for use by the residents, should be considered in the design of the
site. Adjoining public facilities shall not be considered in meeting
the three percent (3%) minimum local open space requirement, in total
or in part.
r.
Local open space distribution.
(1)
The distance between local open space areas is almost as important
in their design as is their size; the distance determines the density
of distribution throughout the subdivision, the maximum walking distance
from the home, and the number of people conveniently served by each
local open space. In subdivision design planning, "service depth"
is a more convenient term of measure than "distance between local
open space areas".
(2)
Service depth is the distance between the boundary of a local
open space and the boundary of its surrounding service area and is
roughly one-half (½) the distance between two (2) local open
spaces. Service depths should be kept as constant as possible in order
to maintain equitable relationships with homes served. Where depths
vary, however, local open spaces should desirably be scaled to the
size of the population served.
(3)
All homes should be within five hundred (500) feet of a local
open space or other public park or recreational area accessible to
the residents.
(4)
At densities of up to five and five-tenths (5.5) living units
per acre, where the developer provides only the minimum percentage
of local open space required, the private yard spaces of the individual
homes will be large enough to provide for some recreational needs.
The local open space acreage, therefore, should be distributed in
local open spaces of at least one (1) acre in size in order to satisfy
those needs requiring larger areas than provided in individual yards.
In these cases, the service depths will necessarily be larger than
the maximum five hundred (500) feet. Local open spaces should be compact
in shape and evenly distributed or combined with additional space
provided through floodplain reservations.
(5)
Groups of residential units may be distributed throughout developable
area in clusters or groups of clusters (houses or apartment buildings
arranged about common parking courts or service streets). These clusters
are planned to be small enough to afford ready pedestrian access from
all homes to the continuous open space in which they are placed.
s.
Access to local open space.
(1)
At least one (1) unencumbered access easement with minimum width
of twenty (20) feet shall be required for each local open space from
public streets for maintenance purposes. An access easement at least
ten (10) feet wide shall be required for all sidewalks or pathways.
The sidewalk easement may, with the approval of the Planning and Zoning
Commission, be included within the twenty (20) foot access easement
for maintenance purposes. Street frontage may be included within the
definition of access easements.
(2)
Where the pathway system serving a residential neighborhood
passes through an individual local open space to be retained by the
developer or homes association, public right-of-way or easement shall
be secured.
(3)
Opportunities should be seized to join separate local open spaces
into a network of local open spaces, community parks, school-recreation
centers, reservoirs, lakes and the major parks of an area. The total
acreage is not as significant as the establishment of a completely
interlinked system. Each development, where possible, should contribute
to the eventual whole.
(4)
Where the developer of a single-family house subdivision elects
to reduce lot size to afford an area of common open space, the space
should be distributed so that it clearly relates to as many of the
smaller lots as is practicable.
(5)
Paved accessways to maintenance points may be required in order
that the Department of Public Works may have adequate access to storm
drainage areas and sanitary sewers.
t.
Pedestrian access to buildings.
(1)
Each building shall have safe and convenient pedestrian access
from project parking areas.
(2)
A primary entrance readily accessible to the physically handicapped
shall be provided to any residential structure intended for occupancy
by the elderly or physically handicapped and non-dwelling structures
appurtenant to such residential structures.
(3)
Sidewalks or pathways shall be provided for safe, convenient
access to all dwellings and for safe pedestrian circulation throughout
a development between facilities and location where major need for
pedestrian access can be anticipated.
(4)
Sidewalks and pathways shall be located to assure a minimum
vertical clearance of seven (7) feet from all permanent or temporary
obstructions.
(5)
Public or project sidewalks and pathways shall be provided for
all buildings having frontage on highways or collector streets and
where essential for pedestrian safety.
(6)
Where the window sill of a habitable room is less than six (6)
feet above a sidewalk or pathway, the sidewalk or pathway shall be
at least eight (8) feet from the wall containing the window, unless
privacy of the interior space is not essential or would not be impaired.
u.
Sidewalks and pathways — objective.
(1)
Pedestrian walkways should connect every home with the major
attractions of potential pedestrian movement. These include vehicles
and vehicular areas, schools, shopping and local parks. They will
include sidewalks, cross-walkways and interior pathways. They should
be designed and located so as to avoid conflict and danger from vehicles,
particularly at intersections with local or collector streets.
(2)
The initial sidewalk and pathway policy is: To review each subdivision
individually to determine whether the walkway system will be related
(1) exclusively to the streets, (2) exclusively to interior open space
systems, or (3) some combination of both.
(3)
When structures are set back less than thirty-three (33) feet
from the curb line and driveways are provided, an interior pathway
system must be used.
(4)
Sidewalks or paths will be required on one (1) side of cul-de-sacs
to the radius of the cul-de-sac.
(5)
Minimum sidewalk or pathway width shall be four (4) feet. The
back side of any sidewalk or pathway shall be a minimum of six (6)
feet from any parking bay, parking court or street. A walk not for
general use leading to a single or double living unit from a sidewalk
or pathway must be a minimum of three (3) feet in width.
v.
Street width.
(1)
Collector streets which serve commercial or industrial areas
or collector streets which would serve in excess of two thousand (2,000)
trips per day shall be a minimum of thirty-six (36) feet back to back
of curb.
(2)
Streets which provide access to recreational facilities or which
would carry traffic volumes of three hundred (300) trips per day or
more should be a minimum of twenty-eight (28) feet back to back of
curb.
(3)
Minor residential (marginal access) streets which would carry
less than three hundred (300) trips per day should be a minimum of
twenty-eight (28) feet back to back of curb.
(4)
The following should be used for calculating trip generation:
|
TABLE A
| |
---|---|---|
|
Density
|
Trips/Unit/Day One Way
|
|
0 to 2 dwelling units per acre
|
12.0
|
2.1 to 4 dwelling units per acre
|
10.5
| |
4.1 to 6 dwelling units per acre
|
8.0
| |
6.1 to 8 dwelling units per acre
|
7.5
| |
8.1 to 10 dwelling units per acre
|
7.0
| |
10.1 to 12 dwelling units per acre
|
6.5
| |
12.1 or more dwelling units per acre
|
5.5
|
|
TABLE B
| |
---|---|---|
|
Off-Street Parking
Spaces Per Dwelling Unit
|
Type of Unit
|
|
3
|
Detached single-family
|
3
|
Attached single-family
| |
1.5
|
Efficiency apartment
| |
2
|
One-bedroom apartment
| |
3
|
Two or more bedroom apartment
|
w.
Setbacks.
(1)
Where PUD land directly abuts land not in the same PUD, setbacks
shall be those of the base zone or the abutting zone, whichever is
greater.
(2)
Where PUD land is separated from land not in the same PUD by
a street, setbacks shall be not less than eighty percent (80%) of
those in the base zone or the abutting zone, whichever is greater.
x.
Height requirements. Within a PUD, a variation in
maximum height may be granted by the Board of Aldermen having regard
for the spirit and purpose of this development district and this Chapter.
y.
Intensity — square feet, gross floor area per acre. Land use intensity is to be used to insure that adequate light,
air and ventilation are provided. Land use intensity is measured in
terms of the percentage of usable open space provided. In a residential
PUD, a minimum of sixty percent (60%) of the gross land area must
be maintained as usable open space. In commercial and industrial developments,
a minimum of thirty percent (30%) of the gross land area must be maintained
as usable open space.
C.
Procedure.
1.
Process. The overall PUD process is composed of
four (4) elements: preliminary plan, preliminary plat, final plan
and final plat, as follows:
a.
The preliminary plan is appended to the ordinance granting the PUD
and becomes a part thereof.
b.
The preliminary plat is a translation of the preliminary plan into
the requirements of the subdivision ordinance and must be submitted
with the preliminary plan.
c.
The final plan represents the detailing of the preliminary plan. After the engineering is completed, the final plan is drawn to reflect changes from the preliminary plan. The final plan must be consistent with the preliminary plan as outlined in Subsection (C)(4)(b) of this Section. The development must be built according to the final plan.
d.
(1)
The final plat is the translation of the final plan into the
requirements of the subdivision ordinance and must be submitted with
the final plan.
(2)
In the PUD, the zoning and platting processes are carried out
concurrently. The requirements for each of the four (4) elements are
listed below.
(3)
This application is a rezoning request and the same procedures
shall be followed concerning application, Planning and Zoning Commission
review and public hearings. Upon approval by the Board of Aldermen,
the PUD shall be designated on the Zoning District Map.
2.
Procedures — Preliminary Plan and Preliminary Plat.
a.
The preliminary plan shall consist of maps and/or text which contain:
(1)
A complete site plan showing the major details of the proposed
development consisting of the following:
(a)
Conceptual drainage plans,
(b)
Approximate location of buildings and structures, off-street
parking areas, off-street loading areas, service and refuse areas
and means of ingress and egress, except in Districts "M-1" and "M-2"and
in traditional single-family areas ("R-1" type) where no variances
are requested and lot lines are shown,
(c)
Conceptual landscaping or screening proposals,
(d)
Location of and conceptual design of signs,
(e)
Approximate location and conceptual design of local open space
areas, and
(f)
Pedestrian areas and walkways, with sufficient dimensions to
clarify the plan.
(2)
The proposed name of the development and the names of adjacent
developments.
(3)
The names, addresses and phone numbers of the owner and registered
engineer, planner, surveyor or landscape architect responsible for
the planning, engineering, survey and design.
(4)
The location of boundary lines and their relation to established
section lines or fractional section lines, township and range lines.
(5)
The approximate location and width of existing and proposed
streets, roads, lots (approximate dimensions) (residential only),
building lines, utility easements, drainage easements, parks and other
open spaces, other similar features, and proposed improvement of perimeter
streets.
(6)
A survey showing the physical features of the property, including
contours at vertical intervals of not more than five (5) feet where
the slope is greater than ten percent (10%) and not more than two
(2) feet where the slope is less than ten percent (10%) (ten (10)
foot intervals for non-residential uses). Elevations shall be marked
on such contours based on the existing datum plane established by
the U.S. Coast and Geodetic Survey. Bench mark elevations used shall
be described on the plat or plan.
(7)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication, if any.
(8)
Date, north point and scale.
(9)
Designation of proposed uses of land within the development,
whether for residential, commercial, industrial or public use, such
as parks, churches, etc., including gross density or intensity of
use.
(10)
Computation of usable open space.
(11)
Computation of local open space in square feet and as a percentage
of total gross land area.
(12)
An identification of proposed phases of development.
(13)
An estimated time schedule for development.
(14)
A statement of the primary points to be covered in a homeowners'
association or a proposal for other approved arrangements.
(15)
Such other information as the Planning and Zoning Commission
shall require by resolution.
(16)
Any other information the applicant believes will support his
request.
b.
The preliminary plat shall include the following:
(1)
The names, addresses and phone numbers of the owner and registered
engineer, surveyor, planner or landscape architect responsible for
the engineering, survey and design.
(2)
The location and boundary lines and their relation to established
section lines or fractional section lines, township and range lines.
(3)
The approximate location and width of existing and proposed
streets, roads, lots (with approximate dimensions on residential plots),
building lines, utility easements, drainage easements, parks and other
open spaces, other similar features, and proposed improvement of perimeter
streets.
(4)
All parcels of land proposed to be dedicated to public use and
the condition of such dedication, if any.
(5)
Date, north point and scale.
(6)
Indication on the plat of the minimum floor area for buildings
in the proposed development.
3.
Upon approval of the preliminary plat and plan by the Board of Aldermen,
all engineering plans must be submitted to the City and approval received
prior to the Planning and Zoning Commission hearing for approval of
the final plat and plan.
4.
Procedures — final plan and final plat. A
planned unit development final plan and final plat shall be filed
with the Planning and Zoning Commission and shall be in accordance
with this Chapter. This may be for all or part of the land included
within a previously approved preliminary plan and plat.
a.
The final plan shall contain the data specified in the following:
(1)
The name of the development and adjacent developments.
(2)
Additional data:
|
Drainage plans.
|
|
Location of buildings and structures (except as provided in Subsection (C)(4)(a)(18))
|
|
Off-street parking areas and off-street loading areas.
|
|
Service and refuse areas.
|
|
Landscaping or screening proposals.
|
|
Location and conceptual design of signs.
|
|
Location and design of local open space areas.
|
|
Pedestrian areas and walkways.
|
|
Building lines.
|
|
Minimum building to building and building to lot line side yard
distance, with sufficient dimensions to clarify the plan.
|
(3)
Designation of proposed uses of land within the development,
whether for residential, commercial, industrial or public use, such
as parks, churches, etc., including density or intensity of use.
(4)
An estimated time schedule for development by phase.
(5)
A survey showing the physical features of property, including
contours at vertical intervals of not more than five (5) feet where
the slope is greater than ten percent (10%) and not more than two
(2) feet where the slope is less than ten percent (10%). Elevations
shall be marked on such contours based on the existing datum plane
established by the U.S. Coast and Geodetic Survey. Bench mark elevations
used shall be described on the plan. The approximate acreage of the
property shall be shown.
(6)
The lines and names, with accurate dimensions in feet and decimals
of feet, of all proposed streets or other ways or easements and other
open spaces intended to be dedicated for public use or granted for
use of inhabitants of the development, also lines of all adjoining
streets.
(7)
The north point, scale and date. All figures and letters shown
must be plain, distinct and of sufficient size to be easily read and
must be of sufficient density to make a lasting and permanent record.
(8)
The location in the adjoining streets or property of existing
sewers and water mains, gas mains, culverts and drain pipes, electric
conduits or lines proposed to be used on the property to be developed,
and invert elevations of sewers at points of proposed connection.
(9)
Profiles of streets showing grades approved by the City. Such
profiles shall be drawn to City standard scales and elevations shall
be based on existing datum plane established by the U.S. Coast and
Geodetic Survey.
(10)
Location and design of all proposed subdivision monuments or
entrance features.
(11)
Computation of usable open space.
(12)
Local open space in square feet and as a percentage of total
gross land area.
(13)
The names, addresses and telephone numbers of the owner and
registered engineer, planner, surveyor or landscape architect responsible
for the engineering.
(14)
(a)
A set of the rules and bylaws of any homeowners' or residents'
association, any restrictive covenants which will be imposed, and
a maintenance proposal for open space areas.
(b)
The maintenance proposal shall include the maintenance of open space areas. As specified in the design criteria, Subsection (B)(1)(p)(6), where storm drainage area is counted towards meeting open space requirements, reservation must be provided for the natural assets of the land including its vegetation.
(c)
Minimum maintenance procedures must also be established in the
proposal for cultivated open space areas, e.g., playgrounds, common
areas in front of homes and areas surrounding swimming pools, tennis
courts and similar facilities.
(d)
The maintenance procedure must be carried out as it is established
in the maintenance proposal. The procedures must be submitted in written
and/or graphic form to the Planning and Zoning Commission in sufficient
detail to carry out the maintenance procedures herein required.
(15)
Such other information as the Planning and Zoning Commission
shall require by resolution.
(16)
Any other information the applicant believes will support his
request.
(17)
In "M-1" and "M-2" rezonings, the final plan may be submitted,
at the developer's discretion, after approval of the final plat and
prior to approval of a resurvey of the final plat. When the final
plan is submitted to the Planning and Zoning Commission and Board
of Aldermen for approval after approval of the final plat, a resurvey
must be submitted to the Planning and Zoning Commission for approval
in addition to being submitted to the Board of Aldermen for approval.
(18)
In traditional single-family areas ("R-1" type) where lot lines
are shown and no variances are requested, detached single-family residential
units need not be shown on the final plan.
b.
The final plan shall be deemed to be in compliance with the preliminary
plan provided any modification of the plan does not:
(1)
Increase the proposed gross residential density or intensity
of use by more than five percent (5%) or involve a reduction in the
area set aside for usable or local open space, nor the substantial
relocation of such area, nor
(2)
Increase by more than ten percent (10%) the floor area proposed
for non-residential use, nor
(3)
Increase by more than five percent (5%) the total ground area
covered by buildings nor involve a change in the number of stories
of buildings.
|
Variations other than those in paragraphs (1), (2) and (3) shall
be considered amendments to the plan and the application for such
amendments shall be handled in the same manner as the original application
with public hearings before the Planning and Zoning Commission and
the Board of Aldermen following due public notice as required by law.
|
c.
The final plat shall contain the data specified in the following:
(1)
The numbers of any lots and blocks in accordance with a systematic
arrangement.
(2)
An accurate boundary survey of the property made by an actual
survey of the field, with bearings and distances referenced to section
or fractional section corners, township and range. The survey shall
be made, balanced and closed by a registered engineer or surveyor.
(3)
The lines and names, with accurate dimensions in feet and decimals
of feet, of all proposed streets or other ways or easements and other
open spaces intended to be dedicated for public use or granted for
use of inhabitants of the development, also lines of all adjoining
streets.
(4)
The length of all straight lines, deflection angles and radii,
arcs and central angles of all curves along the centerline and the
property line of each street. All dimensions of property lines along
each street and all the lines bordering each lot shall be shown in
feet and decimal fractions of a foot. The true bearings and angles
of intersections which they make with each other and also any other
data necessary for the location of any dedicated easement in the field;
if more convenient, calculated bearings may be used in lieu of angles.
The locations of all building lines.
(5)
Suitable primary control points approved by the City or descriptions
and "ties" to such control points to which all dimensions, angles,
bearings and similar data given on the plat shall be referred. All
dimensions shall be shown in feet and decimals of a foot.
(6)
The location of all permanent monuments.
(7)
A certification by a registered civil engineer or surveyor to
the effect that the plat represents a survey made by him and that
all necessary survey monuments are correctly shown thereon.
(8)
The north point, scale and date. All figures and letters shown
must be plain, distinct and of sufficient size to be easily read and
must be of sufficient density to make a lasting and permanent record.
(9)
All other required forms such as endorsements, dedications and
certificates.
(10)
The final plat shall be accompanied by the following: A certificate
of title showing the ownership of the land to be in the developer's
name or his principal or other applicant for approval.
(11)
Indication on the plat of the minimum floor area for buildings
in the proposed development.
(12)
The names and addresses of the owner and registered engineer,
planner, surveyor or landscape architect responsible for the engineering,
survey and design.
d.
Amendments.
(1)
Minor changes in the approved final plan of the PUD may be authorized
by the Planning and Zoning Commission upon a review of the proposed
amended final plan, incorporating such changes, so long as compliance
is maintained with the preliminary plan and the purposes and standards
of the PUD provisions hereof.
(2)
In addition to the above, the Planning Officer may, without
the approval of the Planning and Zoning Commission, allow the developer
to make the following changes in the approved final plan as a result
of unforeseen engineering problems:
(a)
Move private streets and driveways by not more than ten (10)
feet.
(b)
Move the location of structures by not more than ten (10) feet
so long as not to violate any setback regulations.
(c)
Move the location of any parking area by not more than twenty
(20) feet so long as it would not come closer than twenty (20) feet
to any residential structure or ten (10) feet from any street or right-of-way
lines.
(d)
Change the configuration of any parking area so long as the
number of spaces is not reduced.
(f)
Resurveys. Resurveys to determine lot lines
after construction of foundations may be submitted to the City and,
if consistent with the final plat and plan, may be submitted directly
to the Board of Aldermen for approval.
D.
Conditions.
1.
The construction of streets of Phase I of the planned unit development
shall be completed within twenty-four (24) months of the effective
date of approval of the preliminary plan by the Board of Aldermen.
If this is not done, the City shall notify the developer in writing
by certified mail that a public hearing will be scheduled before the
Planning and Zoning Commission and the Board of Aldermen at the end
of the twenty-four (24) month period and specifying the date of such
hearing. The developer may appear before the Board of Aldermen at
the hearing, as specified, and, upon reasonable grounds being shown
therefore, the Board of Aldermen may extend the twenty-four (24) month
period for such an additional period not to exceed one (1) year as
the Board of Aldermen may deem proper under the circumstances. If
the developer does not appear before the Board of Aldermen or does
not show reasonable grounds for extension, in the judgment of the
Board of Aldermen, the Board of Aldermen may void the preliminary
and final plans together with any conditional zoning which was granted
in conjunction with said plan. A hearing may be held to vacate any
final plats which have been filed and such hearing may be initiated
by the City.
2.
Homes association. A homes association or other
permanent organization shall be created if other approved arrangements
have not been made for improving, operating and maintaining common
facilities including streets, drives, service and parking areas and
recreational areas.
3.
Conditional rezoning. A rezoning granted in conjunction with a PUD may be a rezoning conditioned upon development of the PUD as herein set forth. Such conditional rezoning shall be designated as conditional at the time it is granted and, in addition to other requirements, is conditioned upon compliance with the provisions of Subsection (D)(1).
4.
Legal protest. Property owners within one hundred
eighty-five (185) feet of a proposed PUD area may submit a legal protest
of the rezoning or the preliminary plat and plan in the same fashion
as provided by law for other rezoning.
5.
Abandonment. Where a PUD has been processed pursuant
to the supplemental designation of PUD, its abandonment by the developer
shall require the approval of the Board of Aldermen, after recommendation
by the Planning and Zoning Commission, of an application for amendment
to the Zoning Map repealing the designation of PUD. (Where a PUD has
been processed so that the final plat is approved, its abandonment
shall require the approval of the Planning and Zoning Commission and
vacation of the plat.) A request by the developer to abandon a PUD
shall also include a simultaneous request to terminate any conditional
rezoning granted in connection with the PUD zoning. If the PUD is
abandoned by the applicant (developer) or any successor in interest
to the applicant, whether voluntarily, failure to proceed or otherwise
and the applicant (developer) fails or neglects to pursue the abandonment
procedures herein set forth, such procedures may be initiated by the
Planning and Zoning Commission or the Board of Aldermen. The applicant
shall deposit with the City at the time of filing the application
for PUD a sum sufficient to cover the costs or processing the abandonment
of the PUD. Upon completion of the PUD, such sum shall be returned
to the applicant.
6.
Variations from the requirements of Section 400.210, other than density and the use or uses permitted in the zoning district on which the PUD is imposed, may be granted by the Board of Aldermen if such variation retains the spirit of this Section, is reasonable in nature, and prevents undue hardship to the applicant. Any variance granted hereunder must be a part of the PUD ordinance. The Planning and Zoning Commission is encouraged to recommend to the Board of Aldermen any suggested variances.
7.
Appeals from any determination by any administrative officer of the
City shall be heard by the Board of Adjustments.
[Ord. No. 1084 §260, 3-10-1997; Ord. No. 1645 §1, 5-10-2004; Ord. No. 2067, 2-22-2010]
A.
Uses permitted in any zoning district shall be subject to such controls as may be imposed by the Board of Aldermen if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare or heat, perceptible at the property lines, if such uses generate an amount of traffic so as to cause traffic congestion in the streets or if covered by Subsection (B)(2)(c). With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in closed garages or as provided in Section 400.240) on the premises.
B.
Standards Along Major Roadways Or Adjacent To Residential Property.
1.
Intent and purpose. The regulations of this Section
are intended to protect property values, enhance community appearance
and to preserve neighborhood character.
2.
Application of regulations.
a.
These regulations shall apply in addition to the other regulations
of the base zoning districts.
b.
These regulations shall not apply to single-family or duplex homes
or to agricultural uses.
c.
The building construction standards
of this Section shall apply with regard to all exterior walls visible
and within three hundred (300) feet of the right-of-ways of:
3.
Minimum exterior building material standards.
a.
One hundred percent (100%) coverage of all exterior visible walls,
excluding windows and doors, shall consist of the following materials:
(1)
Masonry. Masonry construction shall include
all masonry construction which is composed of solid, cavity, faced
or veneered-wall construction or similar materials.
(a)
Stone material used for masonry construction may consist of
granite, sandstone, slate, limestone, marble or other hard and durable
all-weather stone. Ashlar, cut stone and dimensioned stone construction
techniques are acceptable.
(b)
Brick material used for masonry construction shall be composed
of hard fired (kiln fired) all-weather common brick or other all-weather
facing brick.
(c)
Stucco or approved gypsum concrete/plaster materials.
(2)
Glass walls. Glass walls shall include glass
curtain walls or glass block construction. A "glass curtain
wall" shall be defined as an exterior wall which carries
no floor or roof loads and which may consist of a combination of metal,
glass and other surfacing material supported in a metal framework.
(3)
Wood. Wood paneling shall be prohibited.
(4)
Any other material not specifically excluded, provided the material
is approved by the Board of Aldermen.
c.
Exposed front and street sidewall facade(s), excluding windows, doors
or overhead doors, consisting of a single undifferentiated plane with
a single texture or color shall be prohibited.
d.
Not less than fifteen percent (15%) of the area of each front exterior
facade and street sidewall where a building is located on a corner
lot, excluding windows, doors or overhead doors, shall be recessed,
projected or alternately staggered from the primary plane of the wall.
For purposes of this Section, fascias or mansards shall not be counted
as a projection from the primary plane.
e.
Roof-mounted equipment, excluding satellite dishes, shall be screened
from view (one hundred percent (100%) opacity) or isolated so that
it is not visible from ground level of any adjacent applicable public
thoroughfare up to a maximum of three hundred (300) feet away. The
appearance of roof screens shall be coordinated with the building
to maintain a unified appearance.
f.
All electrical and mechanical equipment in excess of three (3) feet
in height, located adjacent to the building and visible from any adjacent
applicable public thoroughfare shall be screened from view (one hundred
percent (100%) opacity) up to a maximum of three hundred (300) feet
away. Such screens and enclosures shall be treated as integral elements
of the building's appearance.
g.
Mirrored glass with a reflectance greater than forty percent (40%)
shall not be permitted on more than twenty percent (20%) of the exterior
walls of any building.
4.
Maintenance. The exposed walls and roofs of buildings
shall be maintained in a clean, orderly and attractive condition,
free of cracks, dents, punctures, breakage and other forms of visible
marring. Materials that become excessively faded, chalked or otherwise
deteriorated shall be refinished or repainted. "Excessively
faded" shall be defined as a color change exceeding 7 Delta
E (Hunter) units under ASTM D2244. "Excessively chalked" shall be defined as chalk in excess of ASTM D759 number 6 rating.
5.
Variation to existing buildings. Additions to the
rear of existing buildings or exterior renovations or remodeling may
be permitted by the Planning Officer whether or not said addition,
renovation or remodel meets strict compliance with this Section.
C.
Obstructions Of Site Distance At Intersections And Drives.
1.
Landscaping, fences, signs, buildings and other obstructions shall
not be placed to interfere with the line of site between two and one-half
(2½) feet and eight (8) feet above the curb or street surface
within the following defined locations:
a.
A triangular area formed by an imaginary line that follows street
pavement edges and line connecting them twenty-five (25) feet from
point of intersection. This sight triangle standard may be increased
by the City Engineer when deemed necessary for traffic safety.
[Ord. No. 2506, 6-8-2020]
b.
A seventy-five (75) foot by seventy-five (75) foot area in each direction
from street intersections which are not regulated by stop signs.
c.
A twenty-five (25) foot by twenty-five (25) foot area in each direction
from two (2) or more vehicular driveways.
[Ord. No. 1084 §270, 3-10-1997; Ord. No. 1128 §1, 9-8-1997; Ord.
No. 1328 §1, 6-26-2000; Ord. No. 1952, 2-25-2008; Ord. No. 2067, 2-22-2010]
A.
A private
driveway or walk to provide access to premises in a non-residential
district shall not be permitted in District "A", "R-1", "R-1A", "R-1B",
"R-1C", "R-2", "R-3" or "R-4".
B.
Buildings
or structures or uses which are necessary to the use permitted in
one (1) district shall not be permitted in a district of a higher
classification.
C.
The
following shall be permitted as accessory uses customarily incident
to uses permitted in District "A" through "R-4" and located on the
same lot therewith.
1.
Home occupations.
b.
Intent and purpose. The conduct of certain businesses
in residential units may be permitted under the provision of this
Section. It is the intent of this Section to:
(1)
Ensure the compatibility of home occupations with the residential
neighborhood in which they are located;
(2)
Maintain and preserve the residential character of residential
neighborhoods; and
(3)
Guarantee to all residents freedom from excessive noise, excessive
traffic, nuisance, fire hazard and other possible effects of commercial
uses being conducted in residential areas.
c.
Permitted home occupations. Permitted home occupations
include the following:
(1)
Administrative office for realtors, insurance agents, brokers,
sales representatives and manufacturing representatives when no exchange
of tangible goods is made on the premises.
(2)
Artists, musicians and authors.
(3)
Catering, subject to applicable Jackson County Health Department
regulations.
(4)
Day care (four (4) children or less).
(5)
Dressmaking, sewing and tailoring.
(6)
Home crafts (kilns must be less than six (6) cubic feet).
(7)
Tutoring and instructional services.
(8)
Professional offices for architects, engineers, planners, lawyers,
accountants, bookkeepers and similar professionals.
(9)
Watch, clock and jewelry repair services.
(10)
Radio, television, computer and small appliance repair services.
(11)
Other home occupations that meet the criteria and conditions contained herein, subject to approval by the Board of Aldermen as set forth in Subsection (C)(1)(e)(2) below.
d.
Home occupation criteria and conditions. All home
occupations shall conform to the following standards:
(1)
The use shall be conducted entirely within a dwelling and shall
be clearly incidental to the use of the structure as a dwelling. No
more than one (1) room of the dwelling may be used for the home occupation.
No more than one (1) home occupation shall be permitted within any
single-dwelling unit.
(2)
There shall be no outside operations, storage or display of
materials or products. The residential appearance of the dwelling
shall not be changed by alterations or additions for business or commercial
uses.
(3)
The use of mechanical equipment other than is usual for purely
domestic or office (computer, adding machine, etc.) purposes is prohibited.
No highly explosive or combustible material shall be used or stored
on the premises. No activity shall be allowed that would interfere
with radio or television reception in the area, nor shall there be
any noise, vibration, smoke, dust, odors, heat or glare of a degree
generally not present in a residential neighborhood.
(4)
No person other than a resident of the dwelling unit may be
engaged or employed in the home occupation and the number of residents
engaged or employed on the premises in the home occupation shall not
exceed two (2).
(5)
The operation of any wholesale, retail or rental business is
prohibited, unless it is conducted entirely by mail and does not involve
the shipment and resale of merchandise on the premises.
(6)
There shall be no regular and steady visitation or concentrated
coming and going of clients or off-site employees to or from the premises.
Customers are limited to no more than five (5) per day and are limited
to the hours of 8:00 A.M. to 5:00 P.M. Day cares shall be limited
to four (4) children per day and are limited to the hours of 6:00
A.M. to 6:00 P.M. Tutoring and instructional services shall be limited
to the hours of 8:00 A.M. to 9:00 P.M., are limited to three (3) pupils
at one time and no more than twelve (12) pupils per day.
(7)
The home occupation shall not involve the use of commercial
vehicles for delivery of materials to or from the premises, other
than one (1) vehicle not to exceed one (1) ton owned by the resident
of the dwelling, which shall be parked in an adequate off-street parking
area.
(8)
An application that is appealed to the Board of Aldermen shall
be subject to any additional terms and conditions that the Board of
Aldermen considers necessary to assure the home occupation is compatible
with the residential character of the neighborhood.
(9)
No signage or other forms of advertising pertaining to the home
occupation may be placed or painted onto the exterior of the residence
or in the front yard of a residence.
(10)
Automobile and other motor vehicle or small engine repair services
are not permitted as home occupations.
(11)
Offices for health care professionals are not permitted as home
occupations.
(12)
Barber and beauty shops are not permitted as home occupations.
e.
Application for permits.
(1)
Occupation license. An occupational license
is required for all home occupations.
(2)
Appeal procedure. If it is determined by the
City that an application is not specifically allowed or does not appear
to meet the criteria of this Section, issuance of the permit shall
be considered by the Board of Aldermen following a public hearing
prescribed by law. Appeals shall be filed with the Planning Officer,
together with a filing fee payable to the City. The amount of such
filing fee shall be determined in accordance with a schedule of fees
and charges adopted by the Board of Aldermen. No portion of the filing
fee shall be refunded to the applicant. Any expenditures in excess
of the filing fee, incurred by the Planning and Zoning Commission
and Board of Aldermen that are necessary and incident to the processing
of the application, shall be billed to the applicant. The appeal shall
be forwarded to the Planning and Zoning Commission for a public hearing,
which shall make a recommendation to the Board of Aldermen.
f.
Terms.
(1)
Occupational licenses are required for all home occupations.
All home occupation permits shall expire at the same time an occupation
license is renewable (yearly) and shall be renewable without additional
hearings, provided no complaints regarding the business have been
received by the City, subject to the provisions of this Section, and:
(2)
In the event the City determines that the permit should not
be renewed, the permit holder may appeal the matter directly to the
Board of Aldermen, which shall consider the matter after public hearing.
g.
Existing home occupations.
(1)
A non-conforming home occupation which was lawfully established
and in operation prior to the adoption of this Chapter may be continued
indefinitely, provided:
(a)
The occupation must be conducted entirely within the dwelling
or integral part thereof.
(b)
The occupation must be clearly incidental and secondary to the
residential use of the dwelling.
(c)
The residential appearance of the dwelling shall not be changed
by alteration or additions for business or commercial uses.
(d)
No person other than a resident of the dwelling unit may be
engaged or employed in the home occupation and the number of residents
engaged or employed on the premises in the home occupation shall not
exceed two (2).
(e)
No stock in trade (except articles produced by the members of
the immediate family occupying the dwelling) shall be displayed or
sold upon the premises.
(f)
No signage or other forms of advertising pertaining to the home
occupation may be placed or painted onto the exterior of the residence
or in the front yard of the residence.
(g)
No outdoor storage of any kind related to the home occupation
is permitted.
(h)
All vehicles visiting the residence during the hours of operation
shall be parked in off-street parking areas or parallel parked conveniently
on the street in front of the dwelling.
(i)
There shall be no concentrated coming and going of off-site
employees to or from the premises.
(j)
The level of service or number of customers of the home occupation
shall not exceed the level of service or number of customers established
prior to the adoption of this Chapter.
(2)
If a non-conforming home occupation license holder dies or moves
to a new location, the existing permit shall be automatically terminated.
(3)
If a non-conforming home occupation license holder fails to
renew his/her occupational license yearly, the home occupation shall
thereafter conform to the standards established under Subparagraph
(c), (Permitted home occupations) and Subparagraph (d), (Home occupation
criteria and conditions).
h.
Enforcement and revocation.
(1)
The following shall be considered as grounds for revocation
of a home occupation permit:
(a)
Any change in use or any change in extent of use that is different
from that specified in the applicable criteria of this Section or
from that specified in the conditions placed upon the permit by the
Board of Aldermen.
(b)
Failure to allow periodic inspections by representatives of
the City at any reasonable time when an adult member of the family
is present.
(c)
Failure to apply for renewal within thirty (30) days of the
due date of the business license renewal.
(2)
Home occupation permits, once granted, may be revoked by the
Board of Aldermen for cause after hearing before the Board of Aldermen.
Complaints seeking the revocation of such permit shall be filed with
the Planning Officer and may be initiated by any three (3) residents
of the block (both sides of the block where the home occupation is
being conducted). Revocation proceedings shall be held by the Board
of Aldermen, which shall make a determination following a public hearing
on the matter.
(3)
An act of revocation by the Board of Aldermen is not exclusive
and the City retains the right to pursue Municipal Court action and
other court proceedings to enforce this Section.
i.
General provisions. Should a home occupation permit
holder die or move to a new location, the existing permit shall be
automatically terminated, except that, in the case of death, should
a surviving spouse or child residing at the same address wish to continue
the home occupation under the same terms and conditions as herein
set forth and as contained in the permit, written notice to that effect
shall be given to the Planning Officer.
2.
Garages and accessory buildings.
a.
In Districts "R-1", "R-1A", "R-1B", "R-1C" and "R-2", a detached
garage, not exceeding twenty (20) feet or two (2) stories in height
or in any case not higher than the main building, may occupy not more
than thirty percent (30%) of a rear yard and not more than one thousand
(1,000) square feet, whichever is smaller, and one (1) detached accessory
storage building not in excess of two hundred fifty (250) square feet
in area constructed in connection with the residential use of a property.
In "A" District, detached garages and agricultural accessory buildings
are limited to thirty percent (30%) of the area of the rear yard.
In no case shall a detached garage or accessory building be located
closer to the front of the lot than the front of the house or, in
the case of corner lots, no closer than the required building setback
lines for the zoning district.
b.
A garage or accessory building may be built not less than five (5)
feet from a side lot line and not less that five (5) feet from the
rear property line. Accessory buildings may not be placed on utility
easements.
c.
With the exception of "M-1" or "M-2" Zoning Districts, inoperative
vehicles may not be stored or repaired (other than in enclosed garages)
on the premises.
3.
A private stable will be allowed on a lot having an area of more
than one (1) acre, provided that it is located not less than one hundred
(100) feet from the front lot line nor less than thirty (30) feet
from any side or rear lot line. On such lots, there shall not be kept
more than one (1) horse, pony or mule for each forty thousand (40,000)
square feet of lot area; provided however, that where any such stable
exists and/or animals as herein provided for are kept, the owner or
keeper shall cause the premises to be kept and maintained so as to
comply with all State, County and municipal sanitary and health regulations
regarding same.
4.
Temporary real estate sales offices, located on property being sold
and limited to period of sale, but not exceeding two (2) years without
special permit from the Board of Aldermen.
5.
When swimming pools, meeting rooms or shelter houses are constructed in parks or playgrounds, public or private, adequate off-street parking shall be provided with landscaping and screening as required in Section 400.280. Lighting shall be so arranged as to reflect away from adjoining residential properties.
6.
Pools, saunas and jacuzzis having a depth of two (2) feet or more,
provided the following conditions are met:
[Ord. No. 2506, 6-8-2020]
a.
Below-grade pools, saunas and jacuzzis.
(1)
Below-grade uses and associated above-grade appurtenances (decks,
equipment, etc.) shall be located behind the front building line and
not less than ten (10) feet from any rear or side property line. In
the case of corner lots, they shall not be less than twenty-five (25)
feet from a front or street side property line and at least twenty
(20) feet from a principal building on an adjoining lot.
(2)
The area in which the below-grade use is located shall be entirely
enclosed and separated from adjoining property by a protective fence
or other permanent structure at least forty-eight (48) inches in height,
measured from grade with open spaces between members not exceeding
four (4) inches. Such protective enclosure shall be provided with
gates equipped with self-closing and self-latching devices. Refer
to the latest adopted edition of the International Residential Code
for additional regulations and standards.
b.
Above-grade pools, saunas and jacuzzis.
(1)
Above-grade uses and associated appurtenances (decks, equipment,
etc.) shall be located behind the front building line and not less
than ten (10) feet from any rear or side line. In the case of corner
lots, they shall not be less than twenty-five (25) feet from a street
side property line and at least twenty (20) feet from a principal
building on an adjoining lot.
(2)
The area in which the above-grade use is located shall be entirely
enclosed and separated from adjoining property by a protective fence
or other permanent structure at least forty-eight (48) inches in height,
measured from grade with open spaces between members not exceeding
four (4) inches. Such protective enclosure shall be provided with
gates equipped with self-closing and self-latching devices. Refer
to the latest adopted edition of the International Residential Code
for additional regulations and standards.
Exception: The above separate protective fence
or other permanent structure need only be required around the area
providing access to the swimming pool, sauna or jacuzzi when decking
and railing, a minimum of at least forty-eight (48) inches in height,
measured from the exterior grade, meeting the guardrail requirements
of the Building Code, totally surrounds the swimming pool, sauna or
jacuzzi.
c.
Adequate drainage facilities shall be provided for which the plans
and specifications shall be approved by the Building Inspector.
d.
All pools, saunas and jacuzzis shall comply with other applicable
Building and Electrical Code regulations.
7.
Temporary recycling drives. Occasional, temporary
recycling drives sponsored by schools, churches or non-profit community
groups shall be allowed as an accessory use in all zoning districts,
provided:
a.
Containers are located on property in District "A" or Districts "C-1"
through "M-2", inclusive, or church or school grounds;
b.
Containers shall not remain at the location for a period of more
fourteen (14) continuous days;
c.
Such drives are not conduced at the same location more than four
(4) times within a twelve (12) month period of time;
d.
Activity is at least one hundred fifty (150) feet from any adjacent
property zoned or used for residential purposes;
e.
Reverse vending machines are not used; and
f.
The temporary facility is maintained in a clean, litter-free condition
on a daily basis.
8.
Reverse vending machine. One (1) reverse vending
machine is allowed by right in Districts "C-2" through "M-2", inclusive,
provided the machine:
a.
Does not obstruct required parking spaces;
b.
Does not obstruct pedestrian or vehicular circulation;
c.
Is maintained in a clean, litter-free condition on a daily basis;
d.
Is illuminated to ensure comfortable and safe operation if operating
hours are between dusk to dawn;
e.
Is at least one hundred fifty (150) feet from any adjacent property
zoned or used for residential purposes; and
f.
Is located and/or soundproofed such that noise of the operation is
imperceptible from the property line of property zoned or used for
residential purposes.
9.
Fences. Fences shall be constructed out of any of
the following materials:
[Ord. No. 2506, 6-8-2020]
•
|
Wood or vinyl simulating wood;
| |
•
|
Wrought iron or aluminum simulating wrought iron;
| |
•
|
Masonry: stone, brick, concrete with stone or brick veneer,
or precast concrete simulated stone or brick;
| |
•
|
Composite or plastic; or
| |
•
|
Chain link (in the rear and side yard only).
| |
•
|
The above fences are permitted in all zoning districts provided
a building permit is obtained for a fee ( see fee schedule) and the
following conditions are met:
|
a.
No fence shall be constructed that will constitute a traffic hazard. (See Section 400.220(C).)
b.
No fence shall be located in the required front yard, except split
rail and picket (wood or vinyl simulating wood, composite or plastic)
or wrought iron or aluminum simulating wrought iron, not to exceed
four (4) feet in height and slats with a minimum of two-inch spacing.
c.
A fence over (4) feet in height cannot extend in front of the front
surface of the residence and cannot be located closer than eight (8)
feet to a street right-of-way on a corner lot.
d.
Fences shall be limited to the height of six (6) feet for side and
rear yards in any zone, except "M-1" and "M-2" zoned areas which allow
eight (8) foot fences. Fences over six (6) feet must meet the requirements
of the Building Code.
e.
All fences shall be constructed with a finished surface facing outward
from the property. Any posts or support beams shall be inside the
finished surface or designed to be an integral part of the finished
surface.
f.
Fences for security in non-residential districts or fences around
recreation amenities such as tennis courts or pools may be exempt
from the location, height and material standards by the Director of
Community Development.
g.
Any fence proposed across a drainage way or drainage easement shall
require review and approval by the Director of Community Development.
h.
Barbed wire and electric fences are not permitted except in agricultural
zoning districts and as identified in this Section.
i.
Barbed wire is permitted in "M-1" and "M-2" zoning districts only
on brackets over six (6) feet fences, for security purposes.
D.
The
following uses are permitted as temporary uses for the time period
specified and in the zoning district specified:
1.
Christmas tree sales. Christmas tree sales are permitted
in any commercial or industrial zoning district for a period not exceeding
sixty (60) days prior to Christmas. Display must be on private property.
Trees shall not be displayed within thirty (30) feet of the intersection
of any two (2) streets.
2.
Contractors' offices and equipment sheds and trailers which are accessory
to a construction project are permitted during the duration of such
project.
3.
Real estate offices are permitted as an accessory incidental use
for residential developments. The use is permitted within a model
home or dwelling unit that is not occupied or in a temporary structure
set up for a real estate office. Such temporary structure must comply
with all setback requirements and provide paved off-street parking
facilities. Such use may continue only until the sale of all properties
within the development as long as the office is occupied and staffed
a minimum of four (4) days per week.
4.
Sales of farm produce grown on the premises is permitted in agricultural,
commercial and industrial zoning districts.
5.
Carnivals, circuses and fairs are permitted in commercial and industrial
zoning districts for a time period not exceeding three (3) weeks.
6.
Garage or yard sales are permitted in any zoning district provided
that such use shall not accede three (3) consecutive days in duration
nor shall it occur more than two (2) times in a year at any location.
[Ord. No. 1084 §280, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
Any
of the following uses may be allowed by special permission of the
Board of Aldermen after recommendation from the Planning and Zoning
Commission under the standard included herein and under such conditions
as the Board of Aldermen may impose and after public hearing by the
Planning and Zoning Commission and public hearing by the Board of
Aldermen, provided that in the judgment of said Board such use will
not seriously injure the appropriate use of neighboring property and
will conform to the general intent and purpose of this Chapter and
shall comply with the height and area regulations of the district
in which such use may be located and, providing further, that such
permission shall be for a limited period of time, renewable by the
Board of Aldermen upon expiration and subject to the rules and restrictions
prescribed by the Board of Aldermen. Conditions may include, but shall
not be limited to: requirements for special yards, open spaces, buffers,
fences, walls and screening; requirements for the installation and
maintenance of landscaping and erosion control measures; requirements
for street improvements and dedications; regulation of vehicular ingress
and egress and traffic circulation; regulation of signs; regulation
of hours or other characteristics of operation; requirements for maintenance
of landscaping and other improvements; establishment of development
schedules or time limits for performance or completion; requirement
for a sketch showing access, parking and building locations; and such
other conditions as the Board of Aldermen may deem necessary to insure
compatibility with surrounding uses and to preserve the public health,
safety and welfare.
1.
Specified uses.
a.
Aviation fields, airports and heliports, including the sale of aviation fuel as an accessory use, under such restrictions as the Board of Aldermen may impose on land, buildings or structures, within an approach or transition plan or turning zone, as defined in Section 400.260, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards. Such uses are allowed only in Districts "A", "M-1" and "M-2"(heliports shall be allowed as an accessory use of a hospital), provided the following conditions are met:
(1)
Plans of any airport or heliport shall include all approach
and departure paths as necessary to assure safe and adequate landing
and take-off area and shall be supplemented by a favorable report
by the local airport district office of the Federal Aviation Administration
(FAA).
(2)
Adequate safety provisions shall be provided and indicated by
plans which control or restrict access to the landing and take-off
areas by the general public.
(3)
Landing and take-off areas shall be surfaced in such a manner
as to avoid the blowing of dust or dirt onto neighboring property.
b.
Bookstores, adult. Adult bookstore, adult nightclub and adult motion picture theater, only in "C-1" and "C-2", provided that such use not be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use, and further provided, that no more than two (2) of the uses regulated by Section 400.240(A)(1)(b) or Section 400.240(A)(1)(q) may be located within one thousand two hundred fifty (1,250) feet of each other. The one thousand two hundred fifty (1,250) foot restriction between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission if the applicant can show the following and it is found that:
(1)
The proposed use will not be contrary to the public interest
or injurious to nearby properties and that the spirit and intent of
this Chapter will be observed.
(2)
The proposed use will not enlarge or encourage the development
of a "blighted" area as defined in Section 100.310, RSMo., 1969, as
amended.
(3)
The establishment of an additional regulated use in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any program of urban renewal.
(4)
All applicable regulations of this Chapter will be observed.
c.
Cemeteries, burial grounds, graveyards, mausoleums or crematories,
provided that all applicable State regulations are met.
d.
Clubhouses, country club and golf course, subject to meeting all
the conditions and restrictions set forth below:
(1)
The property shall be at least four (4) acres in size.
(2)
The property shall have direct access to a primary or secondary
major thoroughfare or marginal access street or the club property,
when in connection with a subdivision plan or an overall plan for
community development, may be located on a minor street or streets
having a minimum right-of-way width of sixty (60) feet and a minimum
pavement width of thirty-six (36) feet between the club site and a
primary or secondary major thoroughfare or marginal access street.
(3)
The front, side and rear yard for all buildings and structures,
including outdoor recreation areas and parking lots, but excluding
fences and walls, shall be at least thirty (30) feet in width or depth.
(4)
Off-street parking shall be provided on the basis of one (1)
space for every two (2) members.
(5)
Vehicular access shall only be from a major street or, when
the club site is located on a minor street, vehicular access shall
be only from a minor street having a minimum right-of-way of sixty
(60) feet and a minimum pavement width of thirty-six (36) feet.
(6)
Parking areas shall be hard-surfaced and outdoor recreation
facilities and parking areas shall be appropriately screened by landscaping
or a wall where adjacent to adjoining residential property. Outdoor
lighting shall be so designed as to reflect away from adjoining residential
property. Outdoor recreation facilities shall not be used later than
10:00 P.M. and lighting for such facilities shall be turned off at
that time.
e.
Day care center, if center is planned in a family home occupied by
the day care provider. A day care facility in a family home which
receives more than four (4) children for care for any part of the
twenty-four (24) hour day is considered a center. The following requirements
shall apply:
f.
Golf driving range, commercial or illuminated, in Districts "A",
"C-3", "M-1", "M-2".
g.
Miniature golf courses.
h.
Group homes.
(1)
Group home facility as a residential facility for the care of
individuals who, upon completion of a course of treatment in a facility
which provides an extensive treatment program for individuals with
disabling emotional disturbances, are in need of an interim structured
living situation to allow for their resocialization and reintegration
into community living or for a group of developmentally disabled individuals
only in Districts "A", "R-1", "R-1A", "R-1B", "R-1C", "R-2", "R-3"
and "R-4". Group home facilities do not include any home in which
eight (8) or fewer unrelated mentally retarded or physically handicapped
persons reside (Section 89.020, RSMo.). A group home facility shall
be subject to the following conditions and restrictions:
(a)
That the maximum number of persons in a facility shall not exceed
ten (10) individuals and two (2) resident staff members.
(b)
That the facility shall provide off-street parking in the ratio
of one (1) space per every four (4) individuals and one (1) space
per every resident staff member.
(c)
That the parking shall be adequately paved and screened from
adjoining properties.
(d)
That the facility shall be a secondary facility operated and
maintained by a facility which provides intensive treatment for individuals
with disabling emotional disturbances or a contract facility wherein
the individuals remain under the jurisdiction of the County or the
State or a facility operated for developmentally disabled.
(e)
That the property shall have a minimum lot area of ten thousand
(10,000) square feet.
(f)
That there shall be a minimum building size of two hundred fifty
(250) square feet per resident and resident staff.
(g)
That there shall be no exterior evidence of such a use and there
shall be no sign advertising the nature of the use.
(h)
That the facility shall not be used as a residence for substance
abusers or ex-offenders.
(i)
That at the time of original approval no facility shall be located
within one thousand (1,000) feet of another such facility or of a
halfway house, a convalescent home, a children's nursery or a group
day care home; provided however, that the Board shall have the authority
to waive this requirement, provided that the facilities are separated
by a major thoroughfare, railroad track, major waterway or other comparable
manmade or natural barrier.
(j)
That the residential character of the structure shall be maintained.
(k)
That the applicant shall demonstrate there is not a negative
impact on property within five hundred (500) feet of the proposed
facility and such facility will maintain the residential character
of the neighborhood.
(l)
That the permit shall be limited to a two (2) year period but
may be renewed by the Board after a public hearing; provided, that
in any request for renewal the applicant shall demonstrate the character
of the neighborhood has been maintained, there has been no negative
impact upon properties within five hundred (500) feet, and the facility
has been maintained in accordance with the standards established in
the Code of Ordinances.
(2)
Convalescent, nursing and old folks' homes in Districts "A",
"R-1", "R-1A", "R-1B", "R-1C" and "R-2", subject to meeting the following
conditions and restrictions:
(a)
The property shall have a minimum lot area of twenty thousand
(20,000) square feet and shall have a minimum lot width of one hundred
(100) feet.
(b)
Not less than five hundred (500) square feet of lot area is
provided for each patient.
(c)
Side yards are at least one hundred percent (100%) greater than
the side yard required in the district.
(d)
Off-street parking is provided for on the basis of one (1) space
for each living unit; or, in the case of dormitory design, one (1)
space for each four (4) beds and one (1) space for each employee.
(e)
The number of beds, if dormitory design, does not exceed six
(6) times the number of dwelling units per square foot of lot area
in the district in which the use is located; or the number of living
units does not exceed twice the number of dwelling units per square
foot of lot area in the district in which the use is located.
(f)
A permit may be issued for a specified period, as well as for
an unlimited time, at the request of the applicant and at the discretion
of the Board. If the permit is for a specified period of time, the
Board may renew the permit upon expiration.
i.
Gun clubs, skeet or trap shoots and outdoor target or archery ranges
for a period of two (2) years and renewable by the Board after a public
hearing. Such use shall be located on land at least two (2) acres
in size.
j.
Halfway houses for parolees, prisoners or juvenile delinquents, provided
the use is not within twelve hundred fifty (1,250) feet of any church,
school, day care facility, public building, public park, hospital
or area zoned for residential use, subject to the following conditions:
(1)
One (1) parking space per every four (4) residents including
staff residents.
(2)
Paving and screening of all parking area.
(3)
Minimum lot area of twenty-thousand (20,000) square feet.
(4)
No more than twelve (12) residents (including resident staff).
(5)
No exterior evidence of such use and no sign advertising such
use.
(6)
There shall be a minimum building size of three hundred (300)
square feet for each resident and resident staff.
(7)
At the time of original approval, no facility shall be located
within twelve hundred fifty (1,250) feet of another such facility
or a group home or a convalescent center or a children's nursery or
boarding home or a group day care home; provided however, that the
Board shall have the authority to waive this requirement if the facilities
are separated by a major thoroughfare, railroad track, major waterway
or other comparable manmade or natural barrier.
(8)
That the facility shall maintain the residential character of
the structure.
k.
Hospitals, substance abuse treatment facilities and mental health
facilities, subject to such health and sanitation requirements as
may be imposed by the Board of Aldermen or the health authorities
of the City, County or State and provided there shall be at least
three hundred (300) square feet of lot area for each patient or guest,
with a minimum lot area of twenty thousand (20,000) square feet.
l.
Industrial or commercial activities that use or produce materials
that can be offensive or dangerous by nature, subject to "M-1" or
"M-2" performance standards. Such activities shall include, but are
not limited to:
(1)
Acid manufacture.
(2)
Cement, lime, gypsum or plaster of paris manufacture.
(3)
Distillation of bones.
(4)
Explosive manufacture, storage or use.
(5)
Fertilizer manufacture, storage or use.
(6)
Gas manufacture.
(7)
Garbage, offal or dead animal reduction or dumping.
(8)
Hides and skins (storage, curing and tanning).
(9)
Meat or fish packing or storage plants.
(10)
Meat processing.
(11)
Petroleum or its products (refining of).
(12)
Smelting of tin, copper, mine or iron ores.
(13)
Stockyards or slaughtering.
(14)
Tar distillation or manufacture.
(15)
Wholesale storage of Class I liquids, only in "M-1" and M-2.
(16)
Wood distillation plants (charcoal, tar, turpentine, etc.).
m.
Landfills, sanitary and demolition, provided that all requirements
of applicable State laws are met.
n.
Maintenance storage facilities and equipment yards for equipment
owned and used by a homeowners' association in upkeep of common areas.
o.
Boat and recreational vehicle storage facilities, whether open yards
or enclosed buildings, for use by members of a homeowners' association
whose subdivision includes a lake within its platted boundaries. The
facility is to be located on land owned by, leased by or under the
control of the subdivision's homeowners' association. Approval is
subject to the following restrictions:
(1)
Open yards are to be properly screened by means of a solid,
sight-obscuring fence not less than six (6) feet in height. Screening
directly adjacent to land zoned residential shall incorporate a row
of evergreen trees spaced not less than fifteen (15) feet on center
and located on the residential side of the screening fence.
(2)
All parking areas and access drives shall be paved in accordance with Section 400.290(A)(5)(a).
p.
Massage establishments, bathhouses, modeling studios, body painting studios and escort service or bureau or dating service or bureau, provided such use not be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use and, further provided, that no such use be located within one thousand two hundred fifty (1,250) feet of any two (2) other uses regulated by Section 400.240(A)(1)(b) or 400.240(A)(1)(q). The one thousand two hundred and fifty (1,250) foot restrictions between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning Commission if applicant can show the following and it is found that:
(1)
The proposed use will not be contrary to the public interest
or injurious to nearby properties and that the spirit and intent of
this Chapter will be observed.
(2)
The proposed use will not enlarge or encourage the development
of a "blighted" area as defined in Section 100.310, RSMo., 1969, as
amended.
(3)
The establishment of an additional regulated use in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any program of urban renewal.
(4)
All applicable regulations of this Chapter will be observed.
q.
Mines, including the removing, screening, crushing, washing or storage
of ore, sand, clay, stone, gravel or similar materials; concrete batching
plants, asphalt plants and related industries; provided however, that
no permit shall be issued until and unless the location site plan
and method of operation, including necessary structures, have been
submitted to and approved in writing by the Planning and Zoning Commission
and Board of Aldermen, which permit shall be for a limited period
of time not to exceed ten (10) years, subject to regulations and restrictions
prescribed by the Board of Aldermen.
(1)
Open face quarries, sand or gravel pits for the purpose of removing,
screening, crushing, washing or storage of clay, stone, gravel or
similar materials. Provision shall be made for the preservation or
restoration of the ground surface and cover and such provision shall
be shown on the plans submitted to the Board. Permit shall not exceed
five (5) years but may be renewed by the Board after public hearing.
(2)
Underground mines or quarries or use of such underground mined-out
areas for uses not otherwise permitted, provided the following conditions
are met:
(a)
All surface access to such underground mine or quarry is from
within Districts "M-1" and "M-2". All surface access to uses in any
existing mined-out area is from within a district in which such use
is permitted.
(b)
Surface and subsurface rights are in single ownership or under
unified control or surface rights are dedicated to public use and
subsurface rights alone are retained for mining and subsequent use.
(c)
No activities shall be conducted upon the surface of such mine.
(d)
Exhaust air vents, air shafts or other surface features necessary
and incidental to the underground operation shall be enclosed on four
(4) sides to a height of at least eight (8) feet. No noxious gas or
fumes shall emanate from any exhaust air vent on the surface of such
mine or mined-out area.
(e)
A plan of operation indicating the extent of the area proposed
to be mined, accompanied by profiles describing any proposed subsequent
use of the mined-out areas, shall be included with the site plan submitted
to the Board.
r.
Convenience storage only in Districts "C-3", "M-1" and "M-2". Landscaping/
screening, exterior architecture and lighting must be approved by
the Board of Aldermen.
s.
Nurseries, garden centers and greenhouses (retail and/or wholesale)
or other retail or wholesale suppliers of fertilizer or manure products.
t.
Wells, storage tanks, tank batteries and cleansers and separators
for oil and gas production, provided that all Missouri State Statutes
and all regulations of the Missouri Department of Natural Resources
and the Environmental Protection Agency shall be followed and, provided
further, that all State permits shall be obtained prior to application
for a special class permit.
(1)
Gas and oil drilling in any district, subject to the following
conditions and restrictions:
(a)
Any oil or gas well within one hundred fifty (150) feet of a
residential district shall be visually screened.
(b)
Any storage tank shall be located at least one hundred fifty
(150) feet from the property line.
(c)
Any oil or gas well shall be removed after one hundred eighty
(180) days of non-production, as determined by production records.
u.
Penal or correctional institutions.
v.
Processing or disposal plants, sewage or garbage, provided that all
applicable State laws are met.
w.
Swimming pools, commercial.
x.
Radio and television stations, microwave towers, commercial broadcast
towers and repeating towers, subject to the following conditions and
requirements:
y.
Recreational areas, commercial.
(1)
Amusement parks, baseball or athletic fields, race tracks or
fairgrounds and incidental concession facilities, subject to the following
conditions:
(a)
The facilities and grounds shall be a sufficient distance from
any area zoned residential so that noise, traffic generation and other
effects will not be adverse to the residential neighborhood. Where
the property adjoins the aforesaid zoning districts, no building or
facility shall be nearer than one hundred (100) feet and no driveway
or parking area shall be nearer than fifty (50) feet of such common
boundary unless topography or other factors justify a lesser setback.
(b)
Plans for shrubbery, landscaping and fencing shall be presented
to the Board and made a part of the permit.
(c)
Sound amplification system or any other noise caused by the
operation shall not exceed sixty-five (65) decibels as measured at
the property line.
(d)
Outdoor lighting shall be so designed as to reflect away from
adjoining residential-zoned property.
(e)
Access to the property shall be directly from major streets
(primary and secondary arterials).
(f)
Parking space for patrons and employees shall be provided on
site equal to one (1) space for each five hundred (500) square feet
of total site area exclusive of setback and parking areas or one (1)
space for each four (4) persons based on the anticipated capacity,
whichever is greater. The foregoing are minimum standards for parking;
the Board may require additional parking if review of the proposed
operation so indicates.
(g)
A permit may be issued for a specified period as well as for
an unlimited time. If the permit is for a specified period of time,
the Board may renew the permit upon expiration.
(2)
Picnic groves; fishing, recreation or swimming lakes; and pergolas,
including concession facilities for patrons thereof.
z.
Equipment rental businesses that require outdoor storage.
aa.
Reservoirs, wells, towers, filter beds or water supply plants, provided
that all Missouri State Statutes and all regulations of the Missouri
Department of Natural Resources and the Environmental Protection Agency
be followed.
ab.
Salvage yards, scrap yards, junk yards, automobile wrecking yard
and similar operations, provided that operations are shielded from
view from streets and from adjacent properties in another district
by means of a sturdy, sight-obscuring eight (8) foot high fence in
good repair and two (2) rows of alternate planted evergreen trees
for screening purpose.
ac.
Drive-in theaters.
ad.
Toxic waste or hazardous materials disposal sites, subject to "M-1"
and "M-2" performance standards and all applicable Federal, State
and City regulations.
ae.
Travel trailer camps, subject to the following conditions:
(1)
The site selected for travel trailer camp areas shall be well
drained and primarily designed to provide space for short-term occupancy
to the traveling public. Location of the site may not necessarily
front on a major roadway or thoroughfare, but it shall be directly
accessible to the major roadway by means of a private road or public
road on which it has frontage.
(2)
Minimum tract size shall be five (5) acres and be in one (1)
ownership.
(3)
The maximum number of travel trailer spaces allowed within the
permitted districts shall not be more than twenty (20) per acre. Consideration
shall be given to whether the camp and the density level are designed
accordingly. The densities of overnight use may be higher than destination
type since it primarily serves as a short stopping point while the
destination type camp located at or near a scenic, historical or outdoor
recreational area provides for longer and extended stays of several
days or weeks.
(4)
Minimum width of a trailer space shall be twenty-five (25) feet
and it shall be so designed to provide space for parking both the
trailer and towing vehicle off the roadway. No trailer unit shall
be closer than ten (10) feet to any other adjacent unit, structure
or roadway and all spaces shall have direct access to the roadway.
No unit shall be placed closer than thirty (30) feet to any of the
development property lines and shall be permanently maintained as
a sodded and/or landscaped area.
(5)
The minimum open area required for a common use of the trailer
camp shall be not less than ten percent (10%) of the gross area of
the camp. Common open space shall be calculated as any open unoccupied
area remaining after the dwelling spaces, buildings, roadways or streets,
parking areas and the ten (10) foot permanent perimeter areas have
been deducted. This open space shall be sodded and/or landscaped or
otherwise designed and made available for recreational use.
(6)
A central office or convenience establishment with an attendant
shall be provided within the trailer camp to register guests and provide
service and supervision to the camp.
(7)
The applicant for a travel trailer camp shall submit a development
plan for approval. Such plan shall contain the information as required
below and any other information the City reasonably shall deem necessary
to fully evaluate the proposed development.
(a)
Existing condition map showing:
(i)
Legal description of proposed property.
(ii)
Location drawing showing the existing development
within one-half (½) mile radius of the proposed location.
(iii)
Existing site plan indicating the size of site,
topography (not greater than five (5) foot contour intervals), right-of-way
or easement locations, size and identification (water, gas, power,
telephone, storm and sanitary sewer); existing structures; tree masses;
drainage ways and any other unusual land forms or features.
(iv)
Date prepared, scale and north point.
(b)
Proposed development plans showing:
(i)
General layout of development with dimension sizes,
number of spaces and related sanitation accommodation.
(ii)
Parking area location, sizes and capacity.
(iii)
Ingress and egress points for the project.
(iv)
Use of structures.
(v)
General layout of typical travel trailer space
showing size of space and proposed improvements.
(vi)
General layout of the required common open space
development indicating location of recreational areas and accessory
convenience establishment.
(vii)
Location of permanent open space to be retained.
(viii)
Layout of roadway within the camp.
(ix)
Net density of proposed project, expressed in
terms of units per acre.
(x)
General landscaping plan indicating all new and
retained plant material to be incorporated within the new development
and a layout of outdoor lighting system.
(xi)
Plan and method of sewage disposal and water supply.
(xii)
Location plan and number of proposed sanitary
conveniences, including proposed toilets, washrooms, laundries and
utility areas.
(xiii)
The development shall provide a general refuse
storage area or areas which shall be provided with a paved concrete
surface and shall be enclosed to screen it from view.
(8)
The travel trailer camps shall be planned and constructed in
accordance with the minimum standards as established in this Section
and as outlined below:
(a)
All parking areas and roadways shall be constructed and paved
with a hard surface bituminous or concrete material.
(b)
All camps shall be provided with general outdoor lighting with
a minimum of three-tenths (0.3) foot-candles of general illumination.
(c)
All yard areas and other open spaces not otherwise paved or
occupied by structures shall be sodded and/or landscaped and shall
be maintained.
af.
Newspaper, newsprint or book publishing plants under the following
restrictions:
(1)
Construction of the building which encloses the printing presses
shall be of masonry construction with penetrations occurring only
to meet requirements of the Uniform Building Code as adopted by the
City.
(2)
Adjacent to properties zoned or used for agricultural or residential
purposes, the abutting side and/or rear yard shall be at least fifty
(50) feet in width.
ag.
Recycling facilities.
(1)
Definitions.
(a)
Recycling facilities. Facilities that accept
recyclable materials.
(b)
Reverse vending machine. Reverse vending machines
are mechanical devices that accept one (1) or more types of empty
beverage containers and issue a cash refund or redeemable coupon.
(c)
Recycling collection facility. A recycling
collection facility is a facility for the deposit or drop-off of recyclable
materials. A recycling collection facility is not a salvage yard.
Such a facility does not do processing except limited baling, batching
and sorting of materials. It is designed to allow for a combination
of bins, boxes, trailers, reverse vending machines and other containers
for the collection of recyclable materials.
(d)
Recycling processing facility. A processing
facility receives material from the public and/or other recycling
facilities and uses power-driven machinery to prepare materials for
efficient shipment by such means as flattening, sorting, compacting,
baling, shredding, grinding and crushing.
(e)
Recyclable material. Recyclable material is
"feedstock" used for direct conversion to manufactured products. It
includes, but is not limited to: cans, bottles, plastic and paper.
Items composed of more than one (1) material, such as salvaged vehicular
parts, are generally not considered a recyclable material.
(2)
Applicability.
(a)
A conditional use permit for a recycling collection facility
may be approved in a residential zoning district, provided:
(i)
The facility is located on the grounds of a church
or school; and
(ii)
The conditions specified in Section 400.240(A)(1)(ag)(3) are met.
(b)
A conditional use permit for a recycling collection facility may be approved in District "A" and Districts "C-1" through "C-3" or any publicly owned property, inclusive, provided the conditions specified in Section 400.240(A)(1)(ag)(3) are met.
(c)
This Section does not apply to the following facilities:
(i)
Temporary recycling drives (see Section 400.230(C)(7));
(ii)
One (1) reverse vending machine (See Section 400.230(C)(8)); and
(iii)
Recycling processing facilities. A processing facility is considered a salvage yard and is subject to special use permit approval as required in Section 400.240(A)(1)(ad).
(d)
A recycling collection facility is allowed by right in Districts
"M-1" and "M-2".
(3)
Conditions of a conditional use permit approval.
(a)
The days and hours of operation are approved by the Board of
Aldermen;
(b)
A site plan is submitted showing traffic circulation on the
site and showing how the sign, lighting, landscaping and fencing requirements
of the Zoning Ordinance will be met;
(c)
Materials are not stored or deposited on the premises in such
form or manner that they may be transferred off the premises by natural
causes or forces;
(d)
Storage of materials is not allowed outside of the semi-trailers,
bins, barrels or other appropriate containers;
(e)
Containers are painted and well-maintained;
(f)
The site is kept clean and free of litter and debris and weeds
are controlled;
(g)
Rodents and other pests are controlled;
(h)
Activity is at least one hundred fifty (150) feet from other
property zoned or used for residential purposes; and
(i)
Reverse vending machines are located and/or soundproofed such
that noise of the operation is imperceptible from the property line
of property zoned or used for residential purposes.
ah.
Temporary structures or buildings for commercial, industrial or institutional
uses.
ai.
Kennels, only in "A" and "M" Districts.
aj.
Short-term loan establishments and title loan establishments
subject to the following conditions.
[Ord. No. 2370 §2, 10-26-2015]
(1)
No short-term loan establishment or title loan establishment
shall be established within one thousand two hundred fifty (1,250)
feet of any church, school, day care facility, public building, public
park, hospital, cocktail lounge, restaurant where alcoholic beverages
are sold for consumption on the premises, stores engaged in liquor
sales, adult book stores, adult motion picture theaters, adult night
clubs, or areas zoned for residential use.
(2)
No short-term loan establishment or title loan
establishment shall be established within two thousand five hundred
(2,500) feet of the boundary of the City.
(3)
No short-term loan establishment or title loan
establishment shall be established within one thousand two hundred
fifty (1,250) feet of any other short-term loan establishment or title
loan establishment.
(4)
The separation distances provided herein shall
be measured from or to the outer wall of the short-term loan establishment
or title loan establishment, and from or to the property line of the
property containing the church, school, day care facility, public
building, public park, hospital, cocktail lounge, restaurant where
alcoholic beverages are sold for consumption on the premises, store
engaged in liquor sales, adult book store, adult motion picture theater,
adult night club, or area zoned for residential use.
(5)
No conditional use permit for a short-term loan
establishment or title loan establishment shall exceed three (3) years
in duration.
(6)
No conditional use permit for a short-term loan
establishment or title loan establishment shall be renewed if such
short-term loan establishment or title loan establishment does not
meet the criteria of this Section at the time of renewal.
(7)
Conditional use permits for short-term loan establishment
or title loan establishment shall only be granted for areas zoned
"C-1" or "C-2," and short-term loan establishment or title loan establishment
shall comply with all restrictions of the zoning district where they
are situated.
(8)
Nonconforming uses. In accordance with Section 400.270, any short-term loan establishment or title loan establishment that lawfully exists on the date this Subsection is enacted, which would not otherwise be permitted under this Subsection, may be continued as a legal nonconforming use in the same manner as existed before the effective date of this Subsection.
2.
Any use or operation permitted within this Section and operating
at the time of the passage of this Chapter shall be deemed zoned under
conditional uses, with permissive use granted until such time as the
then existing special use permit expires. As of the effective date
of this Chapter, existing permits shall be subject to the provisions
for transferability as expressed in this Chapter.
3.
Vesting of rights.
a.
The mere issuance of a conditional use permit gives no vested rights
to the permit holder.
b.
A right to continue a specially permitted use shall vest only if
the project is constructed and the use is actually begun. Such right
shall be subject to expiration and revocation under the terms of this
Chapter.
4.
Transferability of permits.
a.
A conditional use permit may be conveyed with the land only if a right to continue the use has vested under the terms of Section 400.240(A)(3). The transfer of a permit in which no right has vested shall be invalid. Nothing in this Section shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke a permit.
b.
A permit cannot be assigned or transferred to a different parcel
of land.
c.
A permit holder may apply to the Planning Officer for a determination of whether a right to continue the use has vested under the terms of Section 400.240(A)(3) of this Chapter. Such application shall be made in accordance with procedures established by the Planning Officer.
d.
Every entity attempting to convey a conditional use permit shall
give notice in writing to the Planning Officer within seventy-two
(72) hours after having sold, transferred, given away or otherwise
disposed of an interest in or control of a parcel of land for which
a conditional use permit has been issued. Such notice shall include
the name and address of the successor in interest or control of the
parcel. Receipt of such notice shall not constitute acceptance of
a invalid transfer.
5.
Lapse of permits. A conditional use permit in which
no vested right has been established shall lapse and become void unless
the applicant applies for any building permit incident to the proposed
use within two (2) years of the date of approval by the Board of Aldermen.
Upon the written request of the property owner and for good cause
shown, the Planning Officer may grant one (1) extension of not more
than one (1) year. An application for extension will be considered
only if it is submitted, in writing, prior to the expiration of the
initial period.
6.
Expiration of permits. A conditional use permit
shall be valid for a limited period of time to be specified in the
terms of the permit. A permit may be renewed upon application to the
Board of Aldermen, subject to the same procedures, standards and conditions
as an original application.
7.
Revocation of permits.
a.
Any conditional use permit granted under the authority of this Section
is subject to revocation for any or all of the following reasons:
(1)
Non-compliance with any applicable requirement as set forth in Section 400.240(A)(1).
(2)
Non-compliance with any special conditions imposed at the time
of approval of the conditional use permit.
(3)
Violation of any provisions of the Code of Ordinances pertaining
to the use of the land, construction or uses of buildings or structures
or activities conducted on the premises by the permit holder, agents
of the permit holder or tenants.
(4)
Violation of any other applicable provisions of the Code of
Ordinances or any State or Federal law or regulation by the permit
holder, agents of the permit holder or tenants, provided that such
violations relate to the conduct or activity authorized by the conditional
use permit or the qualifications such persons to engage in the permitted
use.
(5)
Attempted transfer of a permit in violation of Section 400.240(A)(4) of this Chapter.
(6)
Revocation is necessary to preserve the public health, safety
and welfare.
b.
Procedure for revocation.
(1)
Revocation proceedings may be initiated by the Board of Aldermen.
(2)
Unless the permit holder and the landowner agree in writing
that the permit may be revoked, the Board of Aldermen shall hold a
public hearing to consider the revocation of the conditional use permit.
(3)
The City shall give the permit holder and landowner notice of
the scheduled revocation hearing at least fifteen (15) days prior
to the date scheduled for such hearing by certified mail, return receipt
requested. If such notice cannot be delivered or is not accepted,
notice may be given by publishing a notice of hearing in a newspaper
of general circulation in the City or by posting a notice of hearing
on the property at least fifteen (15) days prior to the date scheduled
for the hearing.
(4)
The public hearing shall be conducted in accordance with rules
of procedure established by the Board of Aldermen. At the conclusion
of the public hearing, the Board may render its decision or take the
matter under advisement.
(5)
No conditional use permit shall be revoked unless a majority
of the Board of Aldermen is satisfied by a preponderance of the evidence
that grounds for revocation exist. Any motion for the revocation of
a conditional use permit shall clearly state the grounds for revocation.
[Ord. No. 1084 §290, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
In
all districts conforming structures or land uses, hereafter permitted,
must show on plot plans submitted with applications for building permits.
Construction shall not be allowed unless compliance is shown with
the following requirements adjacent to U.S. Highway 40, I-70, AA Highway
and Buckner Tarsney Road (Main Street).
1.
Where dual-lane divided highways are involved, a minimum building
setback distance of sixty (60) feet from the nearest edge of the main
pavement shall be maintained.
2.
Where single-lane non-divided pavements are involved, a minimum building
setback distance of sixty (60) feet from the center of the right-of-way
shall be maintained.
3.
Where service road facilities on controlled or limited access pavements
are involved, a minimum building setback distance of thirty (30) feet
from the property line shall be maintained.
4.
All pumps and pump islands erected in connection with filling stations
or businesses incidental thereto, including auto and machinery displays
and all other uses of a temporary, movable nature, on any highway
as recited above, shall be set back at least sixty (60) feet from
the nearest edge of the highway or from the centerline of a service
road.
5.
No building, use or other obstruction to visibility shall be located
in such a manner as to be hazardous to pedestrian, bicycle, vehicular,
non-motorized or any other legal form of traffic.
6.
Use of barriers and clearly defined driveways to prevent parking
on highway shoulders or right-of-way and to prevent off-pavement traffic
along shoulders, medial strips or between adjacent business establishments
shall be maintained. Plot plans and proposed usage shall show ample
off-the-highway parking facilities for residents, employees or customers.
Parking areas shall allow ample turnaround space so vehicles need
not back out onto the highway property. All access and egress to the
highway must be in compliance with Missouri Highway Department regulations.
B.
Lots
with streets on more than one (1) side shall provide a minimum front
yard setback as provided in the zoning district on all streets, except
in the following cases:
1.
Where no lots within the same block front on one (1) of the intersecting
streets, the front yard setback requirement along such street may
be reduced by five (5) feet, but not less than the platted setback.
In "R-1", "R-1A", "R-1B", "R-1C" single-family zoned district, the
setback may be reduced to fifteen (15) feet.
2.
Buildings shall front on the street providing the required building
setback.
[Ord. No. 1084 §300, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.
The
regulations and requirements as to height of buildings and area of
lots which may be occupied by buildings, yards and other regulations
and requirements in the foregoing Sections of this Chapter shall be
subject to the following exceptions and additional regulations:
1.
Height exceptions.
a.
In any district, public or semi-public buildings, such as hospitals,
hotels, churches, sanitariums or schools, either public or private,
where permitted, may be erected to a height not exceeding seventy-five
(75) feet, provided that such buildings shall have yards the depth
and width of which shall be increased one (1) foot on all sides for
each additional foot that such buildings exceed the specified height
limit as established by the regulations of the district in which such
buildings are situated.
b.
Dwellings in Districts "A", "R-1", "R-1A", "R-1B", "R-1C" and "R-2"
may be increased in height not exceeding ten (10) feet in addition
to the limitation of two and one-half (2½) stories or thirty-five
(35) feet, as prescribed in such districts, provided that two (2)
side yards of not less than fifteen (15) feet in width each are provided.
In no case shall such dwellings, however, exceed three (3) stories
in height.
c.
Parapet walls and false mansards shall not extend more than six (6)
feet above the height limit. Flagpoles, chimneys, cooling towers,
electric display signs, elevator bulkheads, penthouses, gas tanks,
grain elevators, stacks, storage towers, radio, television or microwave
towers, ornamental towers, monuments, cupolas, domes, spires, standpipes
and necessary mechanical appurtenances may be erected as to height
in accordance with existing or hereafter adopted ordinances.
d.
On through lots one hundred twenty-five (125) feet or less in depth,
the height of a building may be measured from the curb level of either
street. On through lots of more than one hundred twenty-five (125)
feet in depth, the height regulations for the street permitting the
greater height shall apply to a depth of not more than one hundred
twenty-five (125) feet from the street.
e.
The establishment of an airport or heliport within the City shall
be in conformity with the regulations and procedures set forth by
the Federal Aviation Agency as required by law and reviewed by the
Zoning Commission.
2.
Yard exceptions.
a.
Every part of a required yard or court shall be open from its lowest
point to the sky unobstructed, except for the ordinary projections
of sills, belt courses, canopies, cornices, chimneys, buttresses,
ornamental features and eaves; provided however, that none of the
above projections shall extend into a court more than six (6) inches
nor into a minimum yard more than thirty-six (36) inches; and provided
further, that canopies or open porches having a roof area not exceeding
sixty (60) square feet may project a minimum of six (6) feet into
the required front or rear yard; open paved terraces may project not
more than ten (10) feet into a front yard and existing open porches
extending into the required yard shall not be enclosed.
b.
An open fire escape may project into a required side yard not more
than half the width of such yard, but not more than four (4) feet.
Fire escapes, solid floored balconies and enclosed outside stairways
may project not more than four (4) feet into a required rear yard.
c.
A detached accessory building may be connected with the main building
by a lightly constructed, covered passage, open on each side, not
more than six (6) feet wide inside, the roof of which is not more
than ten (10) feet high at its highest point and is not an extension
of the roof of the main building.
d.
No rear yard shall be required in Districts "C-1" to "M-2", inclusive,
on any lot used for business or industrial purposes, the rear line
of which adjoins a railway right-of-way or which has a rear railway
track connection.
e.
In computing the depth of a rear yard for any building where such
yard abuts an alley, one-half (½) of such alley may be assumed
to be a portion of the rear yard.
f.
Condominium ownership shall not constitute violation of the lot and
yard requirements of this Chapter.
g.
On lots of irregular shape or when a residence is located at an angle
to the rear property line, the required rear yard setback may be measured
by averaging the area between the back of the residence and the rear
property line. The area divided by the width of the residence must
equal or exceed the required setback. However, in no case shall a
residence be located less than twenty (20) feet perpendicular to a
rear property line.
[Ord. No. 1084 §310, 3-10-2007; Ord. No. 1918 §1, 9-10-2007]
A.
Purpose. Within the zoning districts established by this
Municipal Code or previously existing regulation, there are lots,
structures, uses and characteristics of uses that lawfully came into
being prior to the effective date of this Municipal Code that would
now be prohibited, regulated or restricted under the provisions of
this Municipal Code and any subsequent amendment. It is the intent
of this Section to recognize the legitimate interest of owners of
lawful non-conformities by allowing these instances to continue, subject
to any provisions contained herein. It is also recognized that non-conformities
may adversely and substantially affect the development, maintenance,
use and taxable value of other properties subject to the regulations
of this Municipal Code. Therefore, it is necessary to provide regulations
for the continuance of non-conformities, but to prohibit the re-establishment
of certain non-conformities that have been discontinued.
1.
Non-conforming uses. Uses legally established prior
to October 10, 2007 that do not conform to the use regulations of
the district in which the use is located shall be referred to as "non-conforming
uses".
2.
Non-conforming structures. Buildings and structures,
excluding signs, legally established prior to October 10, 2007 that
do not conform with the property development standards of the zoning
district in which the use is located shall be referred to as "non-conforming
structures".
B.
Policy. It is the general policy of the City to allow uses,
structures or signs that lawfully came into existence and conform
to then-applicable requirements but that do not conform to all of
the requirements of this Municipal Code to continue to exist and be
put to productive use, but to bring as many aspects of such use into
conformance with the current Municipal Code as is reasonably practicable,
all subject to the limitations of this Section are intended to recognize
the interests of the property owner in continuing to use the property
but to control the expansion of the non-conformity and to control
re-establishment of abandoned uses and limit re-establishment of buildings
and structures that have been substantially destroyed.
C.
Authority To Continue. Non-conformities shall be allowed
to continue in accordance with the regulations of this Section.
D.
Determination Of Non-Conformity Status. The burden of establishing
that non-conformity lawfully exists is the burden of the City.
E.
Repairs And Maintenance. Repairs and maintenance required
to keep non-conforming uses, non-conforming structures and signs in
a safe condition shall be permitted, provided that no alterations
shall be made except those allowed by this Section or required by
law or ordinance.
F.
Change Of Tenancy Or Ownership. A change in tenancy, ownership
or management of an existing non-conformity shall be permitted, provided
there is no change in the character or nature, extent or intensity
of the non-conformity currently existing.
[Ord. No. 1918 §1, 9-10-2007]
A.
Non-conforming
uses shall be subject to the following standards.
1.
Enlargement. No non-conforming use shall be enlarged,
expanded or extended so that it occupies a greater area of land or
floor area than that which was occupied on October 10, 2007, and no
additional accessory use, building or structure shall be established
on the side of a non-conforming use. This provision notwithstanding,
uses may be extended throughout any part of the building or accessory
structure that was lawfully and manifestly designed or arranged for
such use on October 10, 2007.
2.
Relocation. No non-conforming use shall be relocated
in whole or in part to any other portion of such lot or to another
lot unless the use will be in conformance with the use regulations
of the district into which it is relocated.
3.
Discontinuance and abandonment. If a non-conforming
use is discontinued or its normal operation is terminated for a period
of twelve (12) months or more, the use of the building or premises
shall thereafter conform to all regulations of the district in which
it is located.
4.
Damage or destruction. In the event that any structure
that is devoted in whole or in part to a non-conforming use is damaged
or destroyed, by any means, to the extent of more than fifty percent
(50%) of its structural value prior to such destruction, such structure
shall not be restored unless such structure and the use thereof conform
to all regulations of the zoning district in which it is located.
The determination of such reduced structural valuation shall be made
by the City and appealed to the Board of Adjustment with no appeal
fees. When damage or destruction of a structure is fifty percent (50%)
or less, no repair or restoration shall be made unless a building
permit is obtained within nine (9) months and restoration is actually
begun within twelve (12) months after the date of such partial destruction
and is diligently pursued to completion.
5.
Change in use. A non-conforming use may only be
changed to a new use, provided that the new use shall be of the same
general character or of a character less intensive (and thus more
closely conforming) than the existing, non-conforming use, if the
Board of Zoning Adjustment makes the decision that the change would
benefit the City as a whole. Once a non-conforming use is changed
to a conforming use or a less intensive non-conforming use, it may
not thereafter be changed back to a less conforming use than that
to which it was changed.
6.
Accessory uses. No use which is accessory to a
principal non-conforming use shall continue to exist after such principal
use ceases to exist.
[Ord. No. 1918 §1, 9-10-2007]
A.
All
non-conforming structures shall be subject to the following standards.
1.
Enlargement. Any expansion of a non-conforming structure
that increases the degree of non-conformance shall be prohibited.
Other expansions of the structure shall be permitted and shall not
require a variance. The determination of whether a proposed expansion
will increase the degree of non-conformity shall be made by City staff
and appealed to the Board of Zoning Adjustment.
2.
Damage or destruction. In the event that any non-conforming
structure is damaged or destroyed, by any means, to the extent of
more than fifty percent (50%) of its structural value prior to such
destruction, such structure shall not be restored except in full conformance
with the regulations for the zoning district in which is located.
In the event that any non-conforming structure is damaged to the extent
of fifty percent (50%) or less, no repairs or restoration shall be
made unless a building permit is obtained with nine (9) months, and
restoration is begun within twelve (12) months after the date of such
partial destruction and completion is diligently pursued. The determination
of the reduced structural valuation shall be made by the City.
3.
Relocation. Non-conforming structures shall not
be moved unless the movement will bring the structure into compliance
with all applicable zoning district regulations.
[Ord. No. 1918 §1, 9-10-2007]
A.
Policy. It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of Section 400.300.
B.
Non-Conforming Signs Protected. A sign which was lawfully in place prior to October 10, 2007, but does not comply with one (1) or more requirements of Section 400.300 may remain in use, subject to all other applicable requirements of this Municipal Code.
C.
Signs Offered Additional Protection. Existing institutional bulletin boards and signs, building markers, directional signs, subdivision entrance signs and incidental signs shall not be affected by the other parts of this Section, except when said signs are removed, replaced or substantially altered, at which time they shall be brought into conformity with Section 400.300.
D.
Limitations On Non-Conforming Signs.
1.
Change of copy or the substitution of panels or faces to reflect
a new use on non-conforming signs shall not be permitted. Repairs
and maintenance of non-conforming signs, such as repainting, electrical
repairs and neon tubing, shall be permitted.
2.
It shall be unlawful to enlarge, structurally alter or move off premises any existing sign, except in accordance with the provisions of Section 400.300.
3.
Any non-conforming sign that ceases being used or leased for a continuous period of six (6) months shall not be reused for sign purposes until it is brought into full compliance with the standards of Section 400.300.
4.
Any non-conforming sign pertaining to a business or institution that ceases operation for a period of six (6) months or more shall not be reused for sign purposes until it is brought into full compliance with the standards of Section 400.300.
5.
When a building permit is issued for work on a building on a lot where such work enlarges the building floor area by more than twenty percent (20%) or involves work with a permitted value equal to one-half (½) or more of the taxable value of the building or structure located on the lot, any non-conforming signs on the property shall be brought into compliance with the provisions of Section 400.300 as part of the construction project with such work to be completed before permanent occupancy of the new or remodeled premises.
6.
Any addition of new signage to a property should be offset by a proportionate
reduction in the amount of non-conforming signage on the property.
That is, if a new sign will account for ten percent (10%) of the permitted
signage on the property, then the non-conforming signage on the property
should be reduced by no less than ten percent (10%) at the time the
new signage is installed.
[Ord. No. 1918 §1, 9-10-2007]
A.
Applicability. The types of other non-conformities to which
this Section applies include, but are not necessarily limited to:
fence height or location; lack of or inadequate landscape buffers;
lack of or inadequate landscaping; lack of or inadequate off-street
parking; and other non-conformities not involving zoning district
use or property development standards.
B.
Enlargement Or Change In Use. Where an addition, enlargement
or change in use is proposed to an extent in excess of twenty percent
(20%) of the floor area of the existing buildings or structures, the
entire lot shall be brought into conformance with presently existing
requirements of this Municipal Code as to landscaping, buffering,
off-street parking and other non-use and non-property development
regulations of this Municipal Code.
[Ord. No. 1918 §1, 9-10-2007]
When lot area or setbacks are reduced as a result of conveyance
to a Federal, State or local government for a public purpose and the
remaining area is at least seventy-five percent (75%) of the required
minimum standard for the district in which it is located, then that
lot shall be deemed to be in compliance with the minimum lot size
and setback standards of this Municipal Code without appeal to the
Board of Zoning Adjustment.
[Ord. No. 1918 §1, 9-10-2007]
Public property, structures, signs and uses are not subject
to non-conformity regulations.
[Ord. No. 1084 §330, 3-10-1997]
A.
Purpose. The purpose of this Chapter is to improve the aesthetic
qualities of the City and to protect and preserve the appearance,
character and value of its neighborhoods.
B.
Enforcement. This Chapter shall be a minimum standard and
the regulations which are contained herein shall be enforced by the
Planning Officer.
C.
Definitions. Unless specifically defined below, words or
phrases used in this Chapter shall be interpreted so as to give them
the same meaning as they have in common usage and so as to give this
Chapter its most reasonable application.
- GROUND COVER
- A low growing plant, other than turf grass, which forms a continuous cover over the ground surface.
- LANDSCAPE MATERIALS
- Any combination of living plant materials and non-living materials such as rock, pebbles, sand, bark, pavers, earthen mounds, fencing, walls, fountains and other decorative materials.
- LANDSCAPING
- Landscaping shall consist of trees, shrubs, vines, turf, ground cover and other landscape materials which are utilized to enhance the aesthetic and functional qualities of a site.
- PLANT MATERIALS
- Living plants which include trees, shrubs, ground cover, turf and vines which are suitable for ornamental and/or functional use.
- SCREEN
- Screening shall consist of fencing constructed of cedar, redwood or other durable wood or masonry walls. For the purpose of this Chapter, a screen shall be opaque to a height of six (6) feet above the ground surface.
- SHRUB
- A self-supporting woody plant which normally reaches a height of less than fifteen (15) feet.
- TREE
- A self-supporting woody plant which normally reaches a height of at least fifteen (15) feet.
- TURF
- Ground cover composed of one (1) or more species of perennial grass which is grown as a permanent lawn.
- VINE
- A plant which is typically woody and climbs by supporting itself on some other plant or structure.
D.
Landscaping And Screening Plan.
1.
A landscaping and screening plan shall be required upon application for a building permit for new construction or structural alteration of buildings in all zoning districts excluding single- family and duplex structures. In cases where landscaping plan approval would cause harmful delay to the start of construction, the Building Official may issue footing and foundation permits for the project so that construction may proceed. Permits for construction beyond the footing and foundation shall not be issued until the landscaping plans have been submitted and approved. This Chapter shall not apply to structures for which landscaping and screening plans have previously been submitted and approved. Landscaping plans shall not be required for non-structural alterations or in the area designated "Downtown" in Section 400.290(C)(1). Except as noted herein, landscaping and screening plans shall be approved prior to the issuance of building permit.
2.
A landscaping and screening plan shall be required for only that
phase of development for which the building permit is being acquired.
3.
The landscaping and screening plan shall include the following information:
a.
Scale at one (1) inch equals twenty (20) feet to fifty (50) feet.
b.
North reference.
c.
The location and size of all utilities on the site.
d.
The location of all existing and proposed parking areas.
e.
The location of all existing and proposed buildings and structures.
f.
The location, condition, size and quantity of all proposed landscape
materials. Plant materials shall be identified by both common and
botanical name.
g.
The location, size and common name of all existing plan materials
to be retained.
h.
Plant species shall be shown on the plan by indicating their mature
crown spread drawn to scale.
i.
The location and common name of all twelve (12) inch diameter or
larger (at four and one-half (4½) feet above ground) trees
which are to be removed.
E.
Minimum Standards For Landscaping.
1.
The minimum landscaping requirements for all uses, including single-family
and duplexes, shall be one (1) shade tree and one (1) ornamental tree
per building lot. Said trees shall be planted on private property,
not on public property. Said shade trees shall be a minimum of one
and one-half (1½) inches in diameter. The minimum landscaping
requirements for all uses, excluding single-family and duplex developments,
shall be one (1) tree and two (2) shrubs per seven thousand five hundred
(7,500) square feet of total lot area.
2.
All portions of all sites including all landscaping strips, parkways
and screening areas dedicated to the public not covered with paving
or buildings shall be landscaped. Open areas not covered with other
materials shall be covered with turf or ground cover. Ground cover
shall be utilized on all slopes in excess of twenty-five percent (25%).
3.
Landscaping of parking lot interiors, exclusive of automobile storage and sales lots, shall be required for lots which are more than one (1) aisle in width in all zoning districts. This requirement shall only apply to new construction. The trees and shrubs used to meet the requirements of Subsection (E)(1) above may not be counted toward this requirement.
a.
The minimum requirement for parking lot interior landscaping shall
be as follows: No less than two and one-half percent (2½%)
of the total parking lot square footage shall be landscaped. The number
of trees used in the parking lot interior shall be not less than one
(1) for each two hundred (200) square feet, or portions thereof, of
required parking lot interior landscaping.
b.
Interior landscaped area shall be situated within the lot so as to
be surrounded by parking lot pavement on at least three (3) sides.
c.
Each landscaped area shall contain at least one (1) tree which is
adaptable to the environment of parking areas and the remaining area
shall be landscaped using shrubs, ground cover and other suitable
landscape material.
d.
Each landscaped area shall be separated from the pavement material
by concrete curbing or by an integral concrete sidewalk and curb.
F.
Minimum Standards For Screening.
1.
For all buildings except single-family and two-family dwellings,
all exterior trash storage containers shall be screened so that they
are not visible from off the property. A permanent masonry or frame
enclosure shall be provided for dumpsters and exterior trash storage
containers. A detailed drawing of enclosure and screening methods
to be used in connection with trash bins on the property shall be
included on the landscape plan.
2.
For all buildings, except residential structures, in Districts "C-1"
through "M-2", including planned districts, a solid screen fence or
wall shall be provided, not less than six (6) feet in height, along
all side and rear property lines which are common to property zoned
or used for residential purposes, except that such screening shall
not extend in front of the building line or adjacent dwellings and
shall not be required where such screening exists on the abutting
residential property.
G.
Plant Materials.
1.
The following are the minimum
plant sizes and conditions to be used in satisfying the requirements
of this Chapter.
|
New Plant Materials*
| ||
|
small ornamental trees
|
6 — 8 feet
|
B & B (1)
|
shade trees
|
1 — 1½ inches
|
Caliper, B & B
| |
evergreen trees
|
4 — 5 feet
|
B & B
| |
medium to large shrubs
|
18 — 24 inches
|
B & B
| |
dwarf to small shrubs
|
12 — 18 inches
|
B & B
| |
ground cover
|
2½ inches
|
P.P. (2)
|
(1)
B & B = balled and burlapped; container grown stock may be used
where appropriate.
(2)
P.P. = peat pot.
|
*small trees
|
15 — 30 feet ultimate height
|
medium trees
|
30 — 70 feet ultimate height
| |
large trees
|
over 70 feet ultimate height
| |
|
dwarf shrubs
|
less than 4 feet ultimate height
|
small shrubs
|
4 — 6 feet ultimate height
| |
medium shrubs
|
7 — 10 feet ultimate height
| |
large shrubs
|
over 10 feet ultimate height
|
2.
The American Standard for Nursery Stock, published by the American
Association for Nurserymen, is hereby incorporated by reference for
the determination of plant standards.
3.
Existing trees which are to be retained to satisfy the requirements
of this Chapter shall meet the following standards:
a.
For shade trees, the diameter four and one-half (4½) feet
above ground shall be at least one and one-half (1½) inches.
b.
For ornamental trees, the height shall be at least eight (8) feet.
c.
For evergreen trees, the height shall be at least six (6) feet.
d.
Trees shall be free from mechanical injuries, insect infestations
and disease.
e.
Trees shall be protected from injury to roots, trunks and branches
during grading and construction. Protective fencing, tree wells, and/or
retaining walls shall be utilized where necessary to insure tree vigor
upon completion of construction.
H.
Approval Of Plans. In situations where
the contractor or owner feels that he is unable to comply with these
requirements, the Planning and Zoning Commission shall determine if
the proposed landscaping and screening plans are adequate.
I.
Installation Of Materials. Landscaping,
as required by the provisions of this Chapter, shall be installed
by the end of the first (1st) planting season following occupancy.
For the purposes of this Chapter, there shall be two (2) planting
seasons, which are from February fifteenth (15th) through May thirty-first
(31st) and September fifteenth (15th) through November thirtieth (30th).
J.
Maintenance.
1.
The owner, tenant and their agent, if any, shall be jointly responsible
for the maintenance of the landscaping and/or screening which shall
be maintained in good condition. The plant materials shall be kept
in a healthy, neat and orderly condition and shall be kept free from
refuse and debris. Plants which are not in sound growing condition
or are dead shall be removed and replaced with a plant of the same
species, variety or cultivar.
2.
Other landscape materials shall be maintained in proper repair and
shall be kept clear of refuse and debris.
K.
Obstruction Of Sight Distance At Intersections. Landscaping and/or screening materials shall not interfere with the line of sight between two and one-half (2½) feet and eight (8) feet above the curb at driveways or intersections. (See Section 400.220(C).)
L.
Prohibited Plant Species. The following plants shall not
be used to satisfy the requirements for new plant materials which
are contained in this Section.
American Elm, Ulmus americana.
| |
Bolleana Poplar, Populus alba "Pyramdalis".
| |
Boxelder Maple, Acer negundo.
| |
Catalpa, Catalpa species.
| |
Cottonwood, Populus deltoides.
| |
Ginkgo, female only, Ginkgo biloba.
| |
Honeylocust, except thornless varieties, Gleditsia triancanthos.
| |
Lombardy Poplar, Populus nigra "Italica".
| |
Mimosa, Albexia julibrissin.
| |
Osage-Orange, except thornless and seedless varieties, Malcura
pomifera.
| |
Red Mulberry, female only, Morus rubra.
| |
Siberian Elm, Ulmus pumila.
| |
Silver Maple, Acer saccharinum.
| |
|
Silver Poplar, Populus alba "nivea".
|
Tree of Heaven, Alanthus altissima.
|
M.
Severability. If any section, subsection, sentence, clause
or phrase of this Chapter is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions of
this Chapter.
[Ord. No. 1084 §340, 3-10-1997; Ord. No. 1203 §1, 9-8-1998; Ord.
No. 1241 §1, 1-11-1999; Ord. No. 1506, 7-8-2002; Ord. No. 1956, 3-10-2008]
A.
Parking.
1.
General statement.
a.
The purpose of this Section is to provide minimum standards for off-street
parking and loading in order to lessen congestion in the streets;
to insure adequate access and parking facilities for users of buildings;
and to safeguard life, health, property and public welfare.
b.
For all buildings or structures hereafter constructed, reconstructed
or expanded, off-street parking in the form of garages or areas made
available exclusively for that purpose shall be provided. Such parking
area shall be located entirely on private property, except the necessary
drives may cross the right-of-way to connect the roadway with the
parking area.
c.
This issuance of a building permit shall require compliance with the parking area requirements as herein provided. Improvements of parking areas (as required in Subsection (A)(5) of this Section) shall apply upon the issuance of a building permit.
d.
For the applicable regulations and definition of downtown area, see Section 400.290(C).
2.
Schedule of off-street parking.
a.
Minimum number required. Off-street parking shall
be provided in the amount specified below for the following uses.
In the case of a use which is not specifically mentioned, the off-street
parking requirements for a similar use shall apply. Similarity shall
be determined by the Planning Officer. These requirements shall apply
to each type of use regardless of the zoning district.
USE
|
NUMBER OF PARKING SPACES
|
REQUIRED FOR EACH
| ||
---|---|---|---|---|
1)
|
RESIDENTIAL
| |||
a)
|
Single-family residences
|
2
|
Dwelling unit
| |
b)
|
Duplexes (1 — 2 bedroom)
|
2
|
Dwelling unit
| |
3 or more bedrooms
|
3
|
Dwelling unit
| ||
c)
|
Multi-family residences
| |||
Efficiency or studio
|
1
|
Dwelling unit
| ||
1 — 2 bedroom
|
2
|
Dwelling unit
| ||
3 or more bedrooms
|
3
|
Dwelling unit
| ||
d)
|
Hotels & motels
|
1
Plus number required for restaurant, if any
|
Room
| |
e)
|
Fraternity & sorority houses
|
.5
|
Member
| |
f)
|
Dormitories
|
.5
|
Resident
| |
2)
|
COMMERCIAL
| |||
a)
|
Banks
|
5
|
1,000 sf of gfa
| |
b)
|
Offices
|
5.5
|
1,000 sf of gfa
| |
c)
|
Offices — medical & dental
|
1
|
Employee
| |
4
|
Doctor
| |||
d)
|
Restaurant
|
1
|
3 seats
| |
e)
|
Bowling alley
|
5
Plus number required for restaurant, if any
|
Lane
| |
f)
|
Personal services
|
5
|
1,000 sf of gfa
| |
g)
|
Retail stores
|
5
|
1,000 sf of gfa
| |
h)
|
Service stations, gas stations, auto repair shop or garage
|
5
|
1,000 sf of gfa,with a min. requirement of 4 spaces regardless
of size of building and 1 parking space for every service bay
| |
3)
|
INDUSTRIAL — INCLUDING STORAGE, WHOLESALE AND MANUFACTURING
| |||
a)
|
Brick or lumber yard or similar area
|
1
|
Employee, plus reqd. for retail & office space
| |
b)
|
Open storage of sand, gravel and petroleum
|
1
|
Employee, plus reqd. for retail & office space
| |
c)
|
Warehouse and enclosed storage — private
|
1
|
Employee
| |
d)
|
Warehouse and enclosed commercial
|
1
|
Employee, plus storage — 3,000 sf of gfa
| |
e)
|
Manufacturing operations — single shift
|
1
|
Employee, plus reqd. for retail & office space
| |
f)
|
Manufacturing operations — multi shift
|
1
|
Employee on largest shift plus employee second shift reqd. for
retail and/or office space
| |
4)
|
INSTITUTIONAL AND OTHER
| |||
a)
|
Hospitals
|
1
|
2 beds, plus employee
| |
b)
|
Nursing homes
|
1
|
4 beds, plus employee
| |
c)
|
Auditoriums, churches, theaters, stadiums and other places of
assembly
|
1
|
4 seats
| |
d)
|
Colleges
|
1
|
2 students, plus dorm requirement, if any
| |
e)
|
Senior high schools
|
1
|
Employee, plus 4 students
| |
f)
|
Elementary & junior high schools
|
1
|
Employee, plus classroom
| |
g)
|
Day care facilities
|
1
|
8 children, plus 1 employee
| |
* Note: Abbreviations are as follows: SF — square feet,
gfa — gross floor area
|
b.
Method of computation.
(1)
Gross floor area (gfa) shall be determined by using the outside
dimensions of the building for each floor. The only space which may
be excluded is basement storage area.
(2)
Employees shall include all persons working or serving at a
place of business, including the owner, manager, doctors, nurses,
technicians, teachers, kitchen workers and all other employees.
(3)
The number of employees shall be based upon the total number
of employees on duty at any one time, when the maximum functional
use of the building or land is being made.
(4)
A multi-shift operation shall include businesses which have
more than one (1) group of employees who are on duty for different
periods of time.
(5)
Where more than one (1) type of use is located either in the
same building or in separate buildings in close proximity, such that
a single parking area will be serving those uses, the number of parking
spaces provided shall be not less than the sum of the separate requirements
for each use.
(6)
When determination of the number of off-street parking spaces
required by the formulas result in the requirement of a fractional
space, any fraction of one-half (½) or less may be disregarded,
while a fraction in excess of one-half (½) shall be counted
as one (1) parking space.
(7)
Member of a fraternity or sorority shall include pledges, actives
and employees, whether living on the premises or not.
3.
Joint use of parking facilities. Where more than
one (1) type of use is located either in the same building or in separate
buildings in close proximity, joint use of the same parking facilities
will be allowed as follows:
a.
Uses normally open or operated during daytime hours, including retail
stores, personal service establishments (such as beauty shops and
barber shops) and business service establishments (such as banks and
offices) may share parking facilities with the following uses:
(1)
Churches which have activities only on weekends or evenings
may share such parking facilities to the extent of one hundred percent
(100%) of the parking spaces required.
(2)
Uses normally open or operated during evening or weekend hours,
such as theaters, bowling alleys, dance halls, other places of amusement
and restaurants may share such parking facilities to the extent of
fifty percent (50%) of the parking spaces required.
b.
A written agreement for the joint use of the off-street parking facilities
shall be properly drawn and executed by the parties concerned, approved
as to form by the City Attorney, and filed with the application for
a building permit.
4.
Dimensions of parking area.
a.
Size of stalls. A required off-street parking space
shall be a rectangle which is a minimum of nine (9) feet wide by nineteen
(19) feet deep placed at the prescribed angle so that it lies between
the curb and the aisle. Except that stalls fronting on curbs with
grass adjacent may be reduced to eighteen (18) feet in length.
b.
Aisle width. Aisles shall provide access to parking
spaces and shall provide the necessary space for maneuvering into
and out of each space. They may serve either double or single bays
of parking. The width of aisles providing access and maneuvering space
shall be as follows:
Parking Angle
|
Stalls Serviced by Aisle
|
Traffic Flow
|
Aisle Width
| ||
---|---|---|---|---|---|
1)
|
90°
|
One Side
|
One or Two Way
|
24 feet
| |
2)
|
90°
|
Both Sides
|
Two Way
|
24 feet
| |
3)
|
45°
|
One Side
|
One Way
|
16 feet
| |
4)
|
60°
|
One Side
|
One Way
|
16 feet
| |
5)
|
45°
|
Both Sides
|
One Way
|
16 feet
| |
6)
|
60°
|
Both Sides
|
One Way
|
20 feet
| |
7)
|
45°
|
Both Sides
|
Two Way
|
20 feet
| |
8)
|
60°
|
Both Sides
|
Two Way
|
20 feet
|
c.
Ingress and egress.
(1)
Ingress and egress shall be by means of paved driveways not
exceeding thirty-five (35) feet in width for all residential and commercial
zoned areas and fifty (50) feet for heavy and light industrial zoned
lots at points of connection with public streets except as approved
by the Missouri State Highway Department. The minimum width of driveways
for ingress and egress shall be the same as those specified above
for aisles. Driveway width, for the purpose of this Section, shall
include only the pavement and not the curbs and gutters. The width
for measuring purposes shall include the "wings" of the driveway.
(2)
The distance of a parking area entrance drive from the intersection
of two (2) streets and the distance between curb cuts shall be based
on the following street design standards. All measurements shall be
taken from the right-of-way lines.
Primary Arterial
|
Secondary Arterial
|
Collector
|
Local
| ||
---|---|---|---|---|---|
Intersection right-of-way to curb cut
|
150 feet
|
150 feet
|
100 feet
|
20 feet
| |
Between curb cut
|
200 feet
|
200 feet
|
50 feet
|
20 feet
|
5.
Improvement of parking area.
a.
Surfacing and curbing.
(1)
All off-street parking areas, access drives and parking lots
for vehicle, trailer or boat sales or rental shall be improved with
a permanent dust-free surface consisting of a minimum of a six (6)
inch rolled stone base overlaid with a one and one-half (1½)
inch asphalt surface or a four (4) inch asphalt base overlaid with
a one and one-half (1½) inch asphalt surface or a minimum of
four (4) inches of concrete.
(2)
All new construction in "R-1" and "R-2" zoning that is platted
after the adoption of this Chapter shall have concrete drives and
parking.
(3)
In Districts "M-1" an "M-2", one (1) of the above types of surface
is required for customer, visitor and all other parking areas. Storage
lots must be in accordance with Section 2202 of the 1997 American
Public Works Association — untreated compacted aggregate. Gravel
surface must be treated as needed to keep it dust free. Storage lots
must be screened on all sides with a minimum of six (6) foot tall
privacy fence.
(4)
All off-street parking areas and all access drives in commercial
and industrial zoning districts shall have a boundary constructed
of concrete curbing or an integral concrete sidewalk and curb with
a vertical face.
b.
Maintenance. Off-street parking areas shall be maintained
in proper repair as required above.
c.
Drainage facilities. For any use which will require
a parking area to be newly constructed, added to or altered in such
a way as to affect drainage either on or off the site, as determined
by the City, stormwater drainage plans, including grading plans, shall
be submitted to and approved by the City, prior to the issuance of
a building permit.
d.
Permit required. No person, firm or corporation
shall initiate construction of a new parking lot or expansion of an
existing parking lot without first obtaining a permit for such development
from the City. Application for a permit shall be made upon the form
provided and shall be accompanied by such information, plans and specifications
as may be required. A permit shall not be required for resurfacing
an existing parking area; and a permit shall not be required for customary
driveways for single-family and duplex residential dwellings.
e.
Time limit. All required off-street parking areas
shall be ready for use, including the above surfacing requirement,
before the issuance of an occupancy permit. An extension of time will
be granted due to adverse weather conditions.
6.
Setback requirements.
a.
Off-street parking for single-family and duplex residential uses
shall have no setback requirements.
b.
Off-street parking for all other uses, including multi-family residential,
commercial, industrial and institutional uses, shall have a setback
requirement of ten (10) feet from the front property line. A five
(5) foot side and rear setback shall be maintained for these uses
if the lot abuts areas zoned for residential purposes.
7.
Location of parking areas. Off-street automobile
parking facilities shall be located as hereinafter specified; where
a distance is specified, such distance shall be walking distance measured
from the nearest point of the parking area to the nearest entrance
of the building that the parking area is required to serve.
a.
For one- and two-family dwellings — on the same lot the building
they are required to serve.
b.
For three- and four-family dwellings — on the same lot or parcel
of land as the building they are required to serve. For the purpose
of this requirement, a group of such uses constructed and maintained
under single ownership or management that are contiguous shall be
assumed to be on single lot or parcel of land.
c.
For apartment houses containing four (4) or more dwelling units —
on the same lot or parcel of land as the building they are required
to serve or on a separate lot or parcel of land not more than three
hundred (300) feet from the nearest entrance to the main building
being served, provided the lot or parcel of land selected for the
parking facilities is located in an apartment district or a less restricted
district.
d.
For churches, hospitals, sanitariums, homes for the aged, convalescent
homes and other similar uses — the off-street parking facilities
required shall be on the same lot or parcel of land as the main building
or buildings being served or upon properties contiguous to that lot
or parcel.
e.
For uses other than those specified above, including commercial and
industrial — off-street parking facilities shall be provided
on the same lot or parcel of land as the main building being served
or on a separate lot or parcel of land not more than five hundred
(500) feet from any entrance to the main building, provided the separate
lot or parcel of land intended for the parking facilities is located
in the same district as the principal permitted use or in a less restricted
district.
9.
Lighting of parking areas. Any lights used to illuminate
the parking area shall be arranged, located or screened to direct
light away from any adjoining residential use.
10.
Additional parking regulations.
a.
Head-in parking. Head-in parking from any public
right-of-way, which would allow traffic to back out directly into
the public right-of-way, shall not be permitted. This paragraph shall
not apply to single-family and duplex residential use.
b.
Off-street parking, not required under this Section, but voluntarily
provided, shall comply with all the requirements with regard to location
and construction.
c.
Required spaces shall not be used for storage and shall be kept available
for their parking function.
d.
No trucks, tractors or trailers, excluding recreational vehicles,
in excess of one (1) ton capacity shall be parked in a residential
zone, except for deliveries.
e.
With the exception of Districts "M-1" and "M-2", inoperative vehicles
may not be stored or repaired (other than in enclosed garages) on
the premises.
f.
Parking of automobiles, trucks, boats, trailers, recreational vehicles,
lawnmowers, tractors or any other motorized vehicles is not permitted
on unimproved surfaces in front and side areas of a property in commercial,
industrial and residential areas under two (2) acres per parcel throughout
the City.
Exception: Properties with existing gravel driveways and/or
gravel parking areas in the side yard, provided they are properly
maintained.
B.
Loading. Any business or industrial building, hospital,
institution or hotel hereafter constructed, reconstructed or expanded
in any district shall provide adequate off-street facilities for the
loading and unloading of merchandise and goods within or adjacent
to the building in such a manner as not to obstruct freedom of traffic
movement on the public streets or alleys.
C.
Downtown.
1.
Definition. For purposes of this Section, "downtown area" shall be defined as the area north of the
railroad, south of Walnut Street, from Greg Street to the alley one-half
(½) block east of Main Street.
2.
Parking regulations.
a.
The downtown area shall, for the purpose of this Section, be considered
as a shopping center with all existing parking at the time of passage
of this Chapter being considered as meeting the number of spaces required
for all existing business and commercial operations in said downtown
area.
b.
The parking regulations contained in Section 400.290(A), shall, in the downtown area, apply only to new construction or building expansion. The calculation of additional parking spaces required shall be based on the table of requirements in Subsection (A)(2)(a) for the additional building area which is being constructed.
c.
New construction or expansion of an existing building will have an
effect on the total parking spaces available in the downtown area.
After the passage of this Chapter, any parking spaces which are eliminated
by new construction or expansion must be replaced by that business
or use, unless such spaces are in excess of the requirements for that
business or use being served and are in the same ownership.
3.
Loading. In the downtown area, uses which are required
to provide loading berths may have the option of applying for a permit
for a curb loading zone.
D.
Accessible Parking Spaces Requirements. When parking lots
or parking garage facilities are provided, the number of accessible
parking spaces shall be provided in accordance with Table 1 and the
following provisions.
1.
Location. Accessible parking spaces shall be located
on the shortest possible accessible route of travel to an accessible
building entrance. In facilities with multiple accessible building
entrances with adjacent parking, accessible parking spaces shall be
dispersed and located near the accessible entrances. When practical,
the accessible route of travel shall not cross lanes for vehicular
traffic. When crossing vehicle traffic lanes is necessary, the route
of travel shall be designated and marked as a crosswalk.
2.
Design and construction. When accessible parking
spaces are required by this Section, they shall be designed and constructed
in accordance with the following dimensions:
a.
A required accessible parking space shall be a rectangle which is
a minimum of twelve (12) feet six (6) inches wide by twenty (20) feet
deep placed at the prescribed angle so that it lies between the curb
and the aisle;
b.
A required accessible parking space shall be constructed to the required dimensions in Subsection (D)(2)(a) of this Section with an adjacent access aisle of not less than five (5) feet wide; or
c.
Accessible parking spaces shall be located on a surface with a slope
not exceeding one (1) vertical in fifty (50) horizontal.
3.
Signs. Every parking space required by this Section
shall be identified by a sign, mounted on a pole or other structure
between three (3) feet and five (5) feet above the parking surface,
at the head of the parking space. The sign shall be at least twelve
(12) inches by eighteen (18) inches.
4.
Method of computation. Accessible parking spaces shall be counted as part of the total minimum number of parking spaces required by Subsection (A)(2)(a) of this Section.
TABLE 1
NUMBER OF ACCESSIBLE PARKING SPACES
| ||
---|---|---|
Total Parking Spaces Required in Lot
|
Minimum Number of Accessible Spaces Required
| |
1 — 25
|
1
| |
26 — 50
|
2
| |
51 — 75
|
3
| |
76 — 100
|
4
| |
101 — 150
|
5
| |
151 — 200
|
6
| |
201 — 300
|
7
| |
301 — 400
|
8
| |
401 — 500
|
9
| |
501 — 1,000
|
2% of total spaces
| |
Over 1,000
|
20 spaces plus 1 space for every 100 spaces, or fraction thereof,
over 1,000
|
[Ord. No. 1084 §350, 3-10-1997; Ord. No. 1278 §F, 7-12-1999; Ord. No. 1524, 10-28-2002]
A.
Purpose.
1.
The purpose of this Section is to provide minimum standards to safeguard
life, health, property, property values and public welfare by regulating
and controlling the quality of materials, construction, installation
and maintenance of signs in addition to the number, size, sign type
and type of illumination of all on-site signs and off-site signs and
sign structures located on private property.
2.
The ban of all signs on utility poles, governmental signs, public
rights-of-way and other public property is necessary to protect the
safety of workmen who must scale utility poles, to eliminate traffic
hazards, and to preserve the aesthetic appeal of the City by eliminating
clutter and visual blight.
B.
Definitions. For
the purposes of this Section the following terms shall be deemed to
have the meaning indicated below:
- APPROVED COMBUSTIBLE MATERIAL
- Wood, or materials not more combustible than wood, and approved combustible plastics.
- APPROVED COMBUSTIBLE PLASTICS
- Those plastics which, when tested in accordance with American Society for Testing Materials standard methods for test for flammability of plastics over 0.050 inch in thickness (D635-44), burn no faster than two and one-half (2½) inches per minute in sheets of 0.060 inch thickness.
- ATTENTION ATTRACTING DEVICE
- Any flasher, blinker, animation, banner, clock or other object designed or intended to attract the attention of the public to an establishment or to a sign.
- DETACHED SIGN
- Any sign not attached to a building.
- 1. Semi-illuminated sign. Any sign which is uniformly illuminated internally over its entire area, including the area of the sign, by use of electricity or other artificial light.
- 2. Indirectly illuminated sign. Any sign which is partially or completely illuminated at any time by an external light source which is so shielded as to not be visible at eye level.
- 3. Fully illuminated sign. Any sign which is illuminated by an external or internal light source which is visible.
- INCIDENTAL SIGN
- A sign which guides or directs pedestrian or vehicular traffic, or a sign in conjunction with a drive-thru window, which may be mounted on the ground on a building or in connection with a detached sign.
- MARQUEE SIGN
- Any sign attached flat against the marquee or permanent sidewalk canopy of a building and not extending above the roof line.
- MONUMENT SIGN
- An identification sign which rises from the ground and generally has no clearance under it.
- OFF-PREMISES SIGN
- A sign, including billboards and poster panels, which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.
- ON-PREMISES SIGN
- A sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.
- PORTABLE SIGN
- A sign that is not permanently affixed to one (1) location and has the capability of being moved from one site to the next.
- PROJECTING SIGN
- Any sign extending more than one (1) foot from the face of the building to which it is attached or which extends more than one (1) foot above the roof line.
- ROOF SIGN
- A sign which extends above a roof or parapet wall of a building and which is wholly or partially supported by said roof.
- SIGN
- Any words, letters, numerals, figures, devices, designs or trademarks by which information is made known to the public.
- SIGN AREA
- The area of a sign set out in these regulations shall mean the area encompassed by the perimeter of the sign. The area of the sign shall be computed from the area enclosed by the perimeter upon which the letters, logo, etc., are placed, except that when individual letters, logo, etc., are mounted individually and directly upon a building surface without change in the color or appearance of the surface background, the area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, logo, etc. Lettering may be placed on two (2) sides of a sign structure.
- SNIPE SIGN
- Any sign of a material such as cardboard, paper, pressed wood, plastic or metal which is attached to a fence, tree, utility pole or temporary structure or any sign which is not securely fastened to a building or firmly anchored to the ground.
- SUBDIVISION AMENITY SIGN
- A sign directing traffic to amenities such as clubhouse or swimming pool within the subdivision.
- SUBDIVISION ENTRANCE MARKER
- A detached sign identifying the subdivision located at one (1) or more of the subdivision entrances.
- TEMPORARY SIGN
- A sign of cloth or other combustible material, with or without a frame, which is usually attached to the outside of a building on a wall or store front for a limited period of time, such as a banner or a sign which is not permanently attached to the ground, building or other load-bearing structure, such as a portable sign, balloon or animation.
- UNDER CANOPY SIGN
- A display attached to the underside of a marquee or canopy and protruding over public or private sidewalks or right-of-way.
- WALL SIGN
- A sign attached to or erected against an exterior wall of a building or structure, which projects not more than twelve (12) inches from a wall and presents only one (1) face with advertising copy to the public and does not extend above the roof line.
C.
Sign Types Permitted — Zone Restrictions. Permitted
signs in each zoning district are as follows:
1.
District "A".
a.
One (1) unilluminated sign not larger than thirty-two (32) square
feet in area and not to exceed twenty (20) feet in height pertaining
to the sale, lease or identification of the premises upon which it
is located or to the sale of products raised thereon.
b.
Not more than two (2) on-premises, unilluminated or indirectly-illuminated
subdivision entrance markers per street with a maximum sign area of
thirty-two (32) square feet and a maximum sign height of four (4)
feet. When a structure is used to support a sign, total area and height
of the structure shall not exceed forty-eight (48) square feet and
six (6) feet, respectively. The structure of a subdivision entrance
marker forms the outside shape and includes any frame, border or base
that forms an integral part of the display.
c.
One (1) unilluminated subdivision amenity sign shall be allowed within
the subdivision; it shall not exceed sixteen (16) square feet in area
and shall not exceed eight (8) feet in height.
d.
Churches and other institutional uses may display one (1) unilluminated,
semi-illuminated or indirectly-illuminated detached sign showing names,
activities and services therein. The sign shall not exceed forty (40)
square feet in area and shall have a setback of ten (10) feet from
any property line.
3.
District "R-3" and "R-4".
b.
A multi-family development shall be permitted not more than one (1)
unilluminated wall sign per building with a maximum sign area of twelve
(12) square feet. In addition, a multi-family development shall be
permitted one (1) unilluminated or indirectly-illuminated detached
sign for each entrance of the development. Such sign shall not exceed
eight (8) feet in height and thirty-two (32) square feet in area.
Said sign shall be maintained on private property no closer than ten
(10) feet to any property line.
4.
Districts "RO" and "CB".
a.
Each office building shall be permitted not more than two (2) unilluminated
or semi-illuminated wall signs, provided such signs shall indicate
only the name of the building or establishments housed therein. No
such sign shall have an overall area exceeding five percent (5%) of
the area of the wall upon which it is mounted.
b.
In lieu of one (1) of the above wall signs, each office building
shall be permitted one (1) detached sign, provided such sign shall
indicate only the name of the building or establishments housed therein.
Such sign shall not exceed eight (8) feet in height and ten (10) square
feet in area and shall be set back ten (10) feet from each side property
line and five (5) feet from the front property line.
c.
Each establishment or firm housed within an office building is allowed
one (1) unilluminated, semi-illuminated or indirectly-illuminated
projecting, marquee or under canopy sign not exceeding three (3) square
feet in area.
d.
Not more than two (2) on-premises, unilluminated or indirectly-illuminated
subdivision entrance markers per street with a maximum sign area of
thirty-two (32) square feet and a maximum sign area height of four
(4) feet. When a structure is used to support a sign, total area and
height of the structure shall not exceed forty eight (48) square feet
and six (6) feet, respectively. The structure of a subdivision entrance
marker forms the outside shape and includes any frame, border or base
that forms an integral part of the display.
5.
Districts "C-1", "C-2", "C-3", "M-1" and "M-2". Unless
otherwise provided, signs in these districts may be unilluminated,
semi-illuminated or indirectly illuminated.
a.
Each business or commercial establishment shall be permitted not
more than three (3) wall or marquee signs provided the total area
of signs on a facade shall not exceed ten percent (10%) of the total
area of that facade.
b.
In lieu of one (1) of the above wall or marquee signs, one (1) projecting
sign or under canopy sign shall be permitted.
c.
In lieu of one (1) of the above attached signs, one (1) detached
sign shall be permitted for each freestanding commercial building.
It shall be set back not less than five (5) feet from the front property
line and shall be set back from side property lines a distance not
less than one-half (½) of the height of the sign. The maximum
height of the detached sign shall be forty (40) feet, except in "M-1"
and "M-2" zoning signs may be fifty (50) feet high. The gross area
of detached signs shall not exceed three hundred (300) square feet
in "C-1" and "C-2" zoning and seven hundred (700) square feet in "C-3",
"M-1" and "M-2" zoning.
d.
In lieu of one (1) detached sign, one (1) unilluminated, semi-illuminated
or indirectly illuminated roof sign shall be permitted. A roof sign
shall not exceed fifteen (15) feet above the roof and in no case shall
the total height of the building and sign exceed the maximum allowable
height for the zoning district. Roof signs shall not exceed the size
limitations of detached signs.
e.
A shopping center designed as one (1) unified entity and consisting
of one (1) or several buildings, either attached or freestanding,
shall be permitted one (1) detached sign identifying the entire center.
All other signs in the center shall consist of wall, projecting, under
canopy or marquee signs. The maximum height of the shopping center
detached sign shall be twenty-five (25) feet.
f.
Incidental signs are subject to the approval of the Planning Officer
and shall not exceed nine (9) square feet in area.
g.
Off-premises signs shall be permitted only along 1-70:
(1)
Off-premises signs shall be allowed in zones "C-1" through "M-2",
inclusive, shall be allowed only on private property, and shall be
set back from any building or property line a distance, measured from
the front and back faces of the sign, equal to the height of the sign.
(2)
Off-premises signs shall be separated by at least one thousand
four hundred (1,400) feet.
(3)
All off-premises signs shall comply with size requirements as
specified by the Missouri State Highway Department.
(4)
The maximum height of off-premises signs shall be forty-five
(45) feet.
h.
Not more than two (2) on-premises, unilluminated or indirectly-illuminated
subdivision entrance markers per street with a maximum sign area of
forty-eight (48) square feet and a maximum sign height of six (6)
feet. When a structure is used to support a sign, total area and height
of the structure shall not exceed seventy-two (72) square feet and
nine (9) feet, respectively. The structure of a subdivision entrance
marker forms the outside shape and includes any frame, border or base
that forms an integral part of the display.
D.
Permits And Fees.
1.
Permits required.
a.
Except as otherwise provided in this Section, it shall be unlawful
for any person to erect, construct, enlarge, move or convert any sign
in the City, or cause the same to be done, without first obtaining
a sign permit from the City.
b.
Permits shall not be required under the following conditions:
(1)
Replacing or altering changeable copy on theater marquees, billboards
and similar signs.
(2)
Painting, repairing, cleaning or maintaining of a sign shall
not be considered an erection or alteration which requires a permit
unless a structural change is made or the alteration and painting
is being done due to a change in ownership of the business or premises.
2.
Exemptions. A permit will not be required for the
following listed signs. These exemptions, however, shall apply only
to the requirement of the permit and shall not be construed as relieving
the owner of the sign from the responsibility for its erection, maintenance
and appearance.
a.
Construction project signs with a maximum size of seventy-two (72)
square feet.
b.
Agricultural, residential, commercial and industrial acreage or commercial
and industrial structure "for sale" or "for rent" signs. Maximum size
shall be thirty-two (32) square feet.
c.
Residential structure for sale or for rent signs with a maximum size
of six (6) square feet, it must be removed upon completion of the
project or within ten (10) days after sale or letting of the property.
d.
Political signs subject to the following restrictions:
(1)
Maximum size six (6) square feet in Districts "R-1", "R-2",
"R-3" and "R-4".
(2)
Maximum size sixteen (16) square feet in agricultural, commercial
and industrial areas.
(3)
Shall be placed back of the property line.
(4)
It shall be the responsibility of the property owner who gives
permission for the use of his property for such signs or the political
party for the political event or political candidate to have these
signs removed not later than five (5) days after the election or event
and they shall not be erected earlier than thirty (30) days prior
to the election or event to which they pertain.
(5)
There shall be no political signs on any public utility pole,
fence post, fences, trees or sides of buildings.
e.
Traffic or other municipal or informational signs, legal notice,
railroad crossing signs, danger, warning and such temporary, emergency
or non-advertising signs necessary for traffic control or as may be
approved by the Board of Aldermen.
f.
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other metal.
g.
Signs inside buildings, inside windows or painted on windows or on
glass portions of doors of buildings.
3.
Application for permit. Application for a permit
shall be made to the City upon a form provided and shall be accompanied
by written approval of the property owner, site plans and specifications
as may be required.
4.
Permit fees. Every applicant, before being granted
a permit hereunder, shall pay a fee to the City based upon the fee
schedule used for building permits.
5.
Inspection. As soon as a sign has been erected,
the permittee shall notify the Building Inspector who shall inspect
such sign and approve the same if it is in compliance with the provisions
of this Chapter. The Building Inspector may, from time to time as
he deems, inspect all signs or other structures regulated by this
Chapter, for the purpose of ascertaining whether they are secure or
whether they are in need of removal or repair. If the sign does not
comply with the provisions of this Chapter, the Building Inspector
shall notify the applicant in writing of such non-compliance and give
the applicant ten (10) days, or less if the Building Inspector determines
a hazardous situation exists, to comply.
6.
Permit revocable at any time. All rights and privileges
acquired under the provisions of this Chapter or any amendments thereto
are mere licenses revocable at any time. Installation shall be completed
within six (6) months after date of issuance of the sign permit.
E.
Additional Regulations.
1.
Maintenance. All signs, together with all their
supports, braces, guys and anchors, shall be kept in good repair and
in a proper state of preservation. The Building Inspector may order
the removal of any sign that is not maintained in accordance with
the provisions of the Uniform Code for the Abatement of Dangerous
Buildings.
2.
Prohibited signs.
a.
Snipe signs are not permitted on the public right-of-way or on any
utility poles or posts and may be removed by the Building Official.
b.
It shall be unlawful for any person to display any real estate advertisements
or signs which recite that real property is to be used for purposes
or will be zoned for land uses in the future, when in fact such real
estate is not presently zoned for such purposes.
c.
It shall be unlawful for any person to display upon any sign or other
advertising structure any obscene, indecent or immoral matter.
d.
Attention-attracting devices, electrical signs and illuminated signs,
which are an annoyance to residential neighborhoods or may impair
night vision or are a hazard to traffic or interfere with or conflict
with traffic signals, whether inside or outside the building, are
prohibited.
e.
It shall be unlawful to post or erect any sign on utility poles,
governmental signs, public rights-of-way or any other public property
except those placed by agencies of the Federal, State or local government.
3.
Engineering design and materials.
a.
Wind pressure resistance. All signs shall be designed
and constructed to withstand wind pressure of not less than twenty-five
(25) pounds per square foot.
b.
Except as specifically provided elsewhere, all permanent signs, sign
structures and non-structural trim shall be constructed of approved
combustible or non-combustible materials.
c.
No sign which obstructs sight lines at elevations between two (2) feet and eight (8) feet above the curb or pavement surface shall be located within the site distance triangle at any driveway or intersection. See Section 400.220(C).
d.
Obstruction of egress, openings, ventilation. A
sign shall not be erected, constructed or maintained so as to obstruct
any fire escape, window, door or other opening; or so as to prevent
free passage from one part of the roof to any other part thereof.
A sign shall not be attached in any form, shape or manner to a fire
escape or shall not be so placed as to interfere with an opening which
is required for legal ventilation.
e.
Letters, figures, characters or representations in cutout or irregular
form maintained in conjunction with, attached to or superimposed upon
any sign shall be safely and securely built or attached to the sign
structure.
f.
Illuminated signs. Illuminated signs produced in
quantity (other than signs custom-built for specific locations) shall
be constructed in accordance with the "Standards for Electric Signs
(U.L. 48) of the Underwriters' Laboratories, Inc." and bear the label
of the Underwriters' Laboratories, Inc.
g.
Electrical signs. All electrical signs, either temporary
or permanent, shall be connected to permanent electrical service installed
according to the requirements of the National Electrical Code. All
wiring for newly constructed detached signs shall be underground,
unless this is determined to be prohibitive by the Building Official.
h.
The following type signs shall have a seal of a registered engineer
or registered architect affixed to the plans: attention-attracting
devices, detached signs, electrical, illuminated, marquee, portable,
poster panel, projecting and roof. In addition, the following standards
will apply:
(1)
Projecting signs.
(a)
Projecting signs shall not project more than five (5) feet six
(6) inches beyond the face of the building. Projecting signs shall
be a minimum of ten (10) feet above the level of any sidewalk from
the bottom of the sign. Any projecting sign within twenty-five (25)
feet of a street or alley intersection shall be a minimum of fourteen
(14) feet above the sidewalk from the bottom of the sign.
(b)
All projecting signs shall be rigid mounted, shall be supported
by strong steel brackets attached to walls of buildings with through
bolts, expansion bolts or other equally secure methods, and shall
be braced and held firmly in place with soft iron or steel cables
or chains of adequate strength. All such supports shall be attached
to walls of buildings with expansion bolts or equivalent method.
(c)
Projecting signs which are permitted to extend above parapet
walls may be attached to brackets fastened to roofs by means of through
bolts but shall not be attached to any part of the wall above a point
of bearing of the roof joists or rafters.
(2)
All roof signs.
(a)
All roof signs shall be secured by or bear upon masonry bearing
walls, columns, girders or roof joists. No roof sign shall be erected
in a manner which prevents or tends to prevent free passage from one
part of the roof to any other part thereof. Spider webs and A-frame
structural members shall be prohibited.
(b)
Roof signs located on flat roofs shall allow a minimum clear
open space of six (6) feet from the roof to the lowest point at the
bottom of the face of the sign and there shall be a minimum space
of five (5) feet between adjacent vertical supports.
(3)
Wall signs shall be securely fastened to a masonry wall by means
of anchors, bolts, expansion screws or similar connectors. A wall
sign which is attached to a wall of wood may be anchored with wood
blocks used in connection with screws and nails.
(4)
Under canopy signs of greater than four (4) square feet shall
be rigidly mounted and there shall be eight (8) feet six (6) inches
clearance between the base of any rigidly mounted under canopy sign
and the sidewalk. There shall be a minimum clearance of seven (7)
feet six (6) inches between the base of any non-rigidly mounted under
canopy sign and the sidewalk.
(5)
Detached signs shall be supported with a maximum of two (2)
poles, uprights or supports.
F.
Temporary Signs. Temporary signs may be permitted for special
events, new ownership, grand openings for business or organizational
use, special events including sales.
1.
Duration of permits. Except as specifically otherwise
provided elsewhere in this Section, permits for temporary signs shall
be valid for ninety (90) days from date of issuance.
2.
Permits renewable. Permits for temporary signs may
be renewed a maximum of one (1) time for a maximum of one hundred
eighty (180) days.
3.
Number of permits. Except as specifically otherwise
provided elsewhere in this Section, only one (1) temporary sign permit
may be issued at any one time for any business, industry or shopping
center. The total number of days per year which a temporary sign may
be displayed at any business, industry or shopping center shall be
one hundred eighty (180) days.
4.
Construction. Construction of temporary signs shall
meet the same engineering design and materials standards as for permanent
signs.
5.
Size. Except as specifically otherwise provided
elsewhere in this Section, size of temporary signs shall not exceed
the size of signs permitted for permanent signs of similar permitted
construction and location within the same zoning district.
6.
Location. Temporary signs shall be erected entirely on private property and shall not be erected in locations which would conflict with Section 400.300(E)(3)(d — e), except as specifically otherwise provided elsewhere in this Section.
7.
Off-premise temporary signs will be allowed in all zones except residential
zoning districts. Written approval must be given to the City by the
land owner where the sign is to be located and the sign cannot be
larger than four (4) feet by eight (8) feet.
8.
Off-premise temporary signs must have directions to the business
or an arrow pointing the way to their business.
9.
A permit fee of fifty dollars ($50.00) is required for off-premise
temporary signs and a fifty dollar ($50.00) refundable deposit.
10.
Sales and special events to permit businesses that would like to
advertise an upcoming special event or sale.
a.
May be a sign or banner but not to exceed four (4) feet by eight
(8) feet.
b.
May be in place no more than fourteen (14) days prior to the event
or sale and must be removed the day following the event or sale.
c.
Must have written consent from the property owner where the sign
or banner is to be placed.
d.
Pay a permit fee of ten dollars ($10.00).
G.
Appeals. Appeals to sections of this Chapter for interpretation
of engineering or structural standards shall be to the Board of Adjustment.
H.
Penalty For Violations. It shall be unlawful for any person,
firm, corporation, partnership or association to violate any of the
provisions of this Chapter; and, upon conviction for said violations,
said person, firm, corporation, partnership or association shall be
punished in accordance with the general penalty provisions of the
Code of Ordinances of the City. Each day the violation continues to
exist shall be construed as a new violation and subject to conviction
and punishment therefor.
For Flood Hazard Prevention, see Chapter 415 of this Code.
[Ord. No. 1084 §380, 3-10-1997]
A.
The
net area of land to be included in a group housing project shall be
at least three (3) acres. Developers of group housing projects must
submit their plans to the Planning and Zoning Commission for study.
The Commission shall hold a public hearing and shall make recommendations
to the Board of Aldermen for their consideration and determination.
B.
The
Planning and Zoning Commission shall apply the requirements of this
Chapter to the housing project as a whole in such a manner that will
insure substantially the same character of occupancy, maximum intensity
of use, and minimum standard of open spaces as permitted by this Chapter
in the district in which the proposed project is to be located.