[R.O. 1996 § 400.010; Ord. No. 1084 § 10, 3-10-1997]
This Chapter shall be known and may
be cited as the "Zoning Regulations of Grain Valley, Missouri."
[R.O. 1996 § 400.020; 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:
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District "A"
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Agricultural District
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District "R-1"
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Single-Family Residential District
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District "R-1A"
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Single-Family Residential District
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District "R-1B"
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Single-Family Residential District
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District "R-1C"
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Single-Family Residential District
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District "R-2"
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Duplex Residential District
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District "R-3"
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Multi-Family Residential District
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District "R-4"
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Manufactured Home Residential District
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District "RO"
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Non-Retail Business District
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District "C-B"
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Controlled Business District
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District "C-1"
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Central Business District
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District "C-2"
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General Business District
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District "C-3"
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Highway Commercial District
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District "R-P"
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Research Park District
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District "M-1"
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Light Industrial District
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District "M-2"
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Heavy Industrial District
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District "I-P"
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Industrial Park District
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District "P"
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Planned Overlay District
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District "PUD"
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Planned Unit Development
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[R.O. 1996 § 400.030; Ord. No. 1084 § 30, 3-10-1997]
A.Â
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.Â
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.Â
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.Â
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.
[R.O. 1996 § 400.040; 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:
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.
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.
As used in this Chapter, refers to persons who have attained
the age of at least eighteen (18) years.
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.
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.
An establishment which features topless dancers, go-go dancers,
exotic dancers, strippers, male or female impersonators or similar
entertainers.
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.
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.
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.
Veterinary services and hospitals for animals. Typical uses
include small animal clinics and veterinary hospitals for livestock
and large animals.
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.
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.
A building arranged, intended or designed for more than two
(2) families.
Appeal for variance from any provision of the Comprehensive
Zoning Ordinance shall be to the Board of Adjustment.
Areas zoned for residential use are defined as Districts.
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.
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.
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.
Establishments or places of business primarily engaged in
automotive related or heavy equipment sales or services. The following
are automotive and equipment use types:
Automotive Washing. Washing and cleaning
of automobiles and related light equipment. Typical uses include auto
laundries or car washes.
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.
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.
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.
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.
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.
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.
A story below the first story as defined under "Story" counted
as a story for height regulations.
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys.
Board of Adjustment.
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.
A structure for the purpose of housing or enclosing of persons,
animals or property.
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.
The floor area of the building at grade, also known as the
building's "footprint."
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]
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.
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.
A facility for religious use.
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.
A use providing undertaking services for other funeral service
establishments.
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:
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.
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.
A system of separate ownership of individual space within
units in a multiple unit building.
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.
Establishments or places of business primarily engaged in
the retail or wholesale sale, from the premises, of materials (such
as paint, fixtures, hardware, wall coverings and floor coverings)
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.
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.
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.
Storage services primarily for personal effects and household
goods within enclosed storage areas having individual access, but
excluding use as workshops, hobby shops, manufacturing or commercial
activity. Typical uses include mini-warehousing.
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.
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.
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.
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.
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.
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.
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.
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.
A building or portion thereof designed 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.
[Ord. No. 2403, 11-28-2022]
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.
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.
A detached building arranged, intended or designed for occupancy
by one (1) family in one (1) dwelling unit.
A building arranged, intended or designed for occupancy by
two (2) families in two (2) dwelling units.
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.
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.
A vertical plane that represents the transition from the
eave height at the load-bearing walls to the roof line.
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.
The ratio of gross floor area to gross site area.
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.
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.
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.
A garage, available to the public, for the parking of motor
vehicles for periods of time less than seventy-two (72) hours.
An accessory building for storage only of passenger motor
vehicles or light pickup trucks.
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.
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.
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.
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.
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.
An area defined as the total site area, including easements,
floodplains, waterways, ponds and any other area for preservation.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two additional
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home; or any private residence licensed by
the children's division or department of mental health to provide
foster care to one or more but fewer than seven (7) children who are
unrelated to either foster parent by blood, marriage or adoption in
accordance with Section 89.020, RSMo.
The vertical distance measured from the highest of the following
three (3) levels:
From the street curb level;
From the established or mean street
grade in case the curb has not been constructed;
From the average finished ground
level adjoining the building where it sits back from the street line;
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to:
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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.
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The mean height level of the top
of the highest ridge for other roofs.
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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.
Lodging services involving the provision of room and/or board.
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.
Predominantly spectator uses conducted within an enclosed
building. Typical uses include motion picture theaters, meeting halls
and dance halls.
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.
Any wrecked, disabled or damaged vehicle. Any one (1) of
the following conditions shall be deemed prima facie evidence that
a vehicle is inoperable:
Placement of the vehicle or parts
thereof upon jacks, blocks, chains or other supports for a period
of five (5) days or more;
Absence of one (1) or more parts
of the vehicle necessary for the lawful operation of the vehicle upon
the streets and highways;
Storage of a vehicle with one (1)
or more deflated tires for a period of five (5) days or more; or
Vehicles without proper State licenses
for a period of thirty (30) days or more.
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.
Boarding and care services for dogs, cats and similar small
animals. Typical uses include boarding kennels, pet motels or dog
training centers.
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.
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.
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.
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.
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.
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.
The minimum horizontal distance from the front street line
to the rear line.
The boundary between a lot and the street on which it fronts.
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.
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.
The lines bounding a lot as defined herein.
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.
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]
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.
A lot whose side lines do not abut upon any street.
An interior lot having frontage on two (2) streets.
A vertical plane which extends above the roof line.
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.
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.
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.
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.
(District "R-4") A parcel of land under single ownership
which has been developed into lots for the placement of manufacture
homes for residences.
That part of an individual manufactured home lot which has
been reserved for the placement of the manufactured home, appurtenant
structures or additions.
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.
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.
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
semipermanently 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.
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.
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.
A self-propelled vehicular unit mounted on wheels designed
to provide temporary living quarters for recreational, camping or
travel use.
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.
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.
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.
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.
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.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
Land rezoned to any zoning classification with development
in said district only in accordance with the approved site development
plan requirements.
Commission established by separate ordinance for the purpose
of promulgating orderly planning and zoning.
A use providing professional or consulting services in the
fields of law, architecture, design, engineering, accounting and similar
professions.
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.
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.
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 activities that may be permitted only with the approval
of the Board of Aldermen.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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]
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.
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.
For the purpose of this Section, "specified anatomical areas"
are defined as:
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
Human male genitals in a discernible
erect state, even if completely and opaquely covered.
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.
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.
A stable other than a private or riding stable as defined
herein.
A structure in which horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for hire;
including riding track.
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.
Stockyard services involving the temporary keeping of livestock
for slaughter, market or shipping. Typical uses include stockyards,
animal sales or auction yards.
Keeping of a product for a period of time exceeding seventy-two
(72) hours.
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
(1/2) story when the main line of the eaves is not above the middle
of the interior height of such story. The first 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.
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.
The dividing line between the street and the abutting property.
Any alteration or addition to the supporting members of a
building such as bearing walls, columns, beams or girders.
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.
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, RSMo., 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]
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.
Vehicular unit mounted on wheels, designed to provide temporary
living quarters for recreational, camping or travel use and is drawn
by a motorized vehicle.
A modification or variation of the provisions of this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
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:
Limited Warehousing And Distribution.
Wholesaling, storage and warehousing services within enclosed structures.
Typical uses include wholesale distributors, storage warehouses or
moving and storage firms.
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.
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.
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]
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
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.
[R.O. 1996 § 400.050; Ord. No. 1084 § 50, 3-10-1997]
A.Â
Except as hereinafter provided:
1.Â
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.Â
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.Â
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.
[R.O. 1996 § 400.060; Ord. No. 1084 § 60, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
1.Â
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.Â
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.Â
Dairies, dairy farming, including
enterprises which are incidental to the dairy operations.
4.Â
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.Â
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.Â
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.Â
Any use permitted in District "R-1,"
"R-1A," "R-1B," "R-1C."
B.Â
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.Â
Height. Buildings or structures shall
not exceed thirty-five (35) feet and shall not exceed two and one-half
(2 1/2) stories in height.
2.Â
Front Yards. There shall be a front
yard the minimum depth of which shall be at least thirty (30) feet.
3.Â
Side Yards. There shall be a side
yard on each side of a building not less than fifteen (15) feet.
4.Â
Rear Yards. There shall be a rear
yard a minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
Lot Width. The minimum lot width
is one hundred fifty (150) feet.
[R.O. 1996 § 400.070; Ord. No. 1084 § 70, 3-10-1997; Ord. No. 1476, 3-11-2002; Ord. No. 2067, 2-22-2010]
A.Â
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 semipublic 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.Â
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 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
1.Â
Dwellings, one (1) per lot, one-family,
including modular and panelized units, but not including mobile or
manufactured homes.
2.Â
Churches, temples, synagogues and
associated outreach services.
3.Â
Public parks and playgrounds, public
recreation or community buildings, public museums, public administrative
buildings, public libraries, Police stations and fire stations.
4.Â
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.Â
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.Â
Railroad rights-of-way, not including
railroad yards.
7.Â
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.Â
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.Â
Height. Buildings or structures shall
not exceed thirty-five (35) feet and shall not exceed two and one-half
(2 1/2) stories in height.
2.Â
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.Â
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.Â
Rear Yards. There shall be a rear
yard the minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
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.Â
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.Â
Floor Area Ratio (FAR). The ratio
between the total square footage of a lot and the total number of
square feet of the first floor within the exterior walls of a building
placed on that lot shall be no greater than three-tenths (0.3).
10.Â
Lot Depth. The minimum lot depth
shall be at least one hundred (100) feet.
[R.O. 1996 § 400.071; Ord. No. 2067, 2-22-2010]
A.Â
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 semipublic 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.Â
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 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
1.Â
Dwellings, one (1) per lot, one-family,
including modular and panelized units, but not including mobile or
manufactured homes.
2.Â
Churches, temples, synagogues and
associated outreach services.
3.Â
Public parks and playgrounds, public
recreation or community buildings, public museums, public administrative
buildings, public libraries, Police stations and fire stations.
4.Â
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.Â
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.Â
Railroad rights-of-way, not including
railroad yards.
7.Â
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.Â
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.Â
Height. Buildings or structures shall
not exceed thirty-five (35) feet and shall not exceed two and one-half
(2 1/2) stories in height.
2.Â
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.Â
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.Â
Rear Yards. There shall be a rear
yard the minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
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.Â
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.Â
Floor Area Ratio (FAR). The ratio
between the total square footage of a lot and the total number of
square feet of the first floor within the exterior walls of a building
placed on that lot shall be no greater than three-tenths (0.3).
10.Â
Lot Depth. The minimum lot depth
shall be at least one hundred (100) feet.
[R.O. 1996 § 400.072; Ord. No. 2067, 2-22-2010]
A.Â
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 semipublic 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.Â
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 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
1.Â
Dwellings, one (1) per lot, one-family,
including modular and panelized units, but not including mobile or
manufactured homes.
2.Â
Churches, temples, synagogues and
associated outreach services.
3.Â
Public parks and playgrounds, public
recreation or community buildings, public museums, public administrative
buildings, public libraries, Police stations and fire stations.
4.Â
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.Â
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.Â
Railroad rights-of-way, not including
railroad yards.
7.Â
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.Â
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.Â
Height. Buildings or structures shall
not exceed thirty-five (35) feet and shall not exceed two and one-half
(2 1/2) stories in height.
2.Â
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.Â
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.Â
Rear Yards. There shall be a rear
yard the minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
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.Â
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.Â
Floor Area Ratio (FAR). The ratio
between the total square footage of a lot and the total number of
square feet of the first floor within the exterior walls of a building
placed on that lot shall be no greater than three-tenths (0.3).
10.Â
Lot Depth. The minimum lot depth
shall be at least one hundred (100) feet.
[R.O. 1996 § 400.073; Ord. No. 2067, 2-22-2010]
A.Â
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 semipublic 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.Â
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 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
1.Â
Dwellings, one (1) per lot, one-family,
including modular and panelized units, but not including mobile or
manufactured homes.
2.Â
Churches, temples, synagogues and
associated outreach services.
3.Â
Public parks and playgrounds, public
recreation or community buildings, public museums, public administrative
buildings, public libraries, Police stations and fire stations.
4.Â
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.Â
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.Â
Railroad rights-of-way, not including
railroad yards.
7.Â
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.Â
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.Â
Height. Buildings or structures shall
not exceed thirty-five (35) feet and shall not exceed two and one-half
(2 1/2) stories in height.
2.Â
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.Â
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.Â
Rear Yards. There shall be a rear
yard the minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
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.Â
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.Â
Floor Area Ratio (FAR). The ratio
between the total square footage of a lot and the total number of
square feet of the first floor within the exterior walls of a building
placed on that lot shall be no greater than three-tenths (0.3).
10.Â
Lot Depth. The minimum lot depth
shall be at least one hundred (100) feet.
[R.O. 1996 § 400.080; 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.Â
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.Â
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 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
C.Â
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.Â
Height. Buildings or structures shall
not exceed thirty-five (35) feet and shall not exceed two and one-half
(2 1/2) stories in height.
2.Â
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.Â
Side Yards. There shall be a side
yard on each side of a building not less than eight (8) feet.
4.Â
Rear Yards. There shall be a rear
yard the minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
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.Â
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.Â
Floor Area Ratio (FAR). The ratio
between the total square footage of a lot and the total number of
square feet of the first floor within the exterior walls of a building
placed on that lot shall be no greater than four-tenths (0.4).
10.Â
Lot Depth. The minimum lot depth
shall be at least one hundred ten (110) feet.
D.Â
Condominiums are permitted.
[R.O. 1996 § 400.090; Ord. No. 1084 § 90, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
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 (1) or more of the following uses: (For exceptions, see Section 400.240, Conditional Uses; Section 400.271, Non-Conforming Uses; and Section 400.370, Board Of Adjustment — Power And Duties.)
C.Â
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.Â
Height. Buildings or structures shall
not exceed forty-five (45) feet and shall not exceed three (3) stories
in height.
2.Â
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.Â
Side Yards. There shall be a side
yard on each side of a building not less than ten (10) feet.
4.Â
Rear Yards. There shall be a rear
yard the minimum depth of which shall be at least thirty (30) feet.
5.Â
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.Â
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.Â
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.Â
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.Â
Floor Area Ratio (FAR). The ratio
between the total square footage of a lot and the total number of
square feet of the first floor within the exterior walls of a building
placed on that lot shall be no greater than four-tenths (0.4).
12.Â
Lot Depth. The minimum lot depth
shall be at least one hundred ten (110) feet.
[R.O. 1996 § 400.100; Ord. No. 1084 § 100, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
Manufactured Homes — In General.
1.Â
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.Â
Single and multi-sectional manufactured
homes.
b.Â
Parks, playgrounds, community centers
and non-commercial recreational facilities.
d.Â
Additional Uses.
(1)Â
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)Â
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)Â
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.Â
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.Â
Manufactured homes shall be permitted
only in manufactured home parks.
4.Â
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.Â
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.Â
District "R-4" Manufactured Home Park —
Approval.
1.Â
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.Â
Legal description of the proposed
development.
b.Â
Names, addresses and phone numbers
of the owner, developer and the engineer or surveyor who prepared
the plan.
c.Â
Location drawing showing the existing
development within a one-half (1/2) mile radius of the proposed location
and ownerships of adjacent tracts within one hundred eighty-five (185)
feet.
d.Â
Scale of plan; one (1) inch represents
one hundred (100) feet or one (1) inch represents fifty (50) feet.
e.Â
Date and north arrow.
f.Â
Existing conditions:
(1)Â
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)Â
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)Â
Topography (unless specifically
waived) with contour intervals of not more than two (2) feet, referred
to USGS 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.Â
Proposed development plan showing:
(1)Â
General layout of development
with number of manufactured home lots and their approximate dimensions.
(2)Â
Location of parking
areas, size and capacity.
(3)Â
Location and size of
park and playground area.
(4)Â
Location and type of
accessory convenience building.
(5)Â
Proposed street system
for both public and private streets with setback lines indicated.
(6)Â
General landscaping
and screening plan.
(7)Â
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)Â
Gross and net density
of proposed project and parking ratio.
2.Â
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.Â
Move private streets and driveways
by not more than ten (10) feet.
b.Â
Move the location of structures by
not more than ten (10) feet so long as not to violate any setback
regulations.
c.Â
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.Â
Change the configuration of any parking
area so long as the number of spaces is not reduced.
e.Â
Change the location of sidewalks
and pathways provided that all points remain connected.
f.Â
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.Â
All manufactured home parks must
be platted in accordance with the subdivision regulations.
C.Â
Manufactured Home Parks — Minimum
Standards Generally.
1.Â
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.Â
Density. The maximum number of manufactured
home units allowed within the manufactured home park shall be five
(5) units per acre.
3.Â
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.Â
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.Â
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
(1/2) the area covered by the roof.
b.Â
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.Â
Required Outdoor Living Area On Lot.
a.Â
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.Â
Such outdoor living area shall be
properly drained and located for convenience and optimum use.
c.Â
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.Â
Interior Manufactured Home Space
Requirements.
a.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
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)Â
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)Â
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.Â
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.Â
Common Open Space.
a.Â
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.Â
At least one (1) principal recreation
and community area shall be provided which contains not less than
one-half (1/2) of the total required open space, except that no principal
recreation and community area need be larger than two and one-half
(2 1/2) acres.
c.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Manufactured Homes — General Site
Planning.
1.Â
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.Â
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.Â
Exterior Yards For Manufactured Home
Parks.
a.Â
Where manufactured home parks adjoin
public streets along exterior boundaries:
(1)Â
A yard of not less than
twenty-five (25) 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)Â
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.Â
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)Â
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)Â
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.Â
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.Â
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.Â
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 or her 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.Â
Streets, sidewalks and utilities
shall meet the requirements of the subdivision regulations.
[R.O. 1996 § 400.110; Ord. No. 1084 § 130, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
District "R-0" is intended to provide areas
for public, semipublic, 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.Â
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 400.271, Non-Conforming Uses.)
C.Â
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.Â
Height. Maximum height, two (2) stories
when abutting a residential district, three (3) stories elsewhere.
2.Â
Front Yard. Minimum required setback,
thirty (30) feet.
4.Â
Rear Yard. Minimum required setback,
thirty (30) feet.
5.Â
Floor Area Ratio. Maximum floor area
ratio, 0.25 to 1.
6.Â
Impervious Coverage. Maximum coverage,
sixty percent (60%).
[R.O. 1996 § 400.120; Ord. No. 1084 § 140, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
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 400.271, Non-Conforming Uses.)
1.Â
Administrative and business offices.
2.Â
Arts and crafts studio (limited).
3.Â
Consumer convenience services.
4.Â
Consumer repair services.
5.Â
Day care services (limited).
6.Â
Day care services (commercial).
7.Â
Financial services.
8.Â
Food sales (convenience).
9.Â
Medical offices.
10.Â
Personal services.
11.Â
Professional offices.
12.Â
Restaurant (limited).
13.Â
Retail sales or rental (convenience).
14.Â
Small animal services.
C.Â
Site Development Regulations. Each site
in the "C-B" District shall be subject to the following site development
regulations:
1.Â
Lot Size. Minimum lot area, twenty
thousand (20,000) square feet.
2.Â
Lot Width. Minimum lot width, one
hundred (100) feet.
3.Â
Height. Maximum height, two (2) stories
or thirty-five (35) feet, whichever is less.
4.Â
Front Yard. Minimum required setback, twenty-five (25) feet. (See Section 400.250, Setback Regulations.)
5.Â
Side Yard. Minimum required setback,
ten (10) feet.
6.Â
Rear Yard. Minimum required setback,
twenty (20) feet.
7.Â
Floor Area Ratio. Maximum floor area
ratio, 0.40 to 1.
8.Â
Impervious Coverage. Maximum coverage,
sixty percent (60%).
[R.O. 1996 § 400.130; Ord. No. 1084 § 150, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
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 400.271, Non-Conforming Uses.)
1.Â
Administrative and business offices.
2.Â
Arts and crafts studio (limited).
3.Â
Business support services.
4.Â
Business or trade school.
5.Â
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.Â
Commercial off-street parking.
7.Â
Communications services.
8.Â
Consumer convenience services.
9.Â
Consumer repair services.
10.Â
Day care services (limited).
11.Â
Day care services (commercial).
12.Â
Financial services.
13.Â
Food sales (convenience).
14.Â
Food sales (general).
15.Â
Funeral services.
16.Â
Hotel — motel.
17.Â
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.Â
Indoor sports and recreation.
19.Â
Liquor sales.
20.Â
Medical offices.
21.Â
Pawn shop services.
22.Â
Personal improvement services.
23.Â
Personal services.
24.Â
Professional offices.
25.Â
Restaurant (convenience).
26.Â
Restaurant (limited).
27.Â
Restaurant (general).
28.Â
Retail sales or rental (convenience).
29.Â
Retail sales or rental (general).
30.Â
Small animal services.
C.Â
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.Â
Lot Size. Minimum lot area, ten thousand
(10,000) square feet.
2.Â
Lot Width. Minimum lot width, fifty
(50) feet.
3.Â
Height. Maximum height four (4) stories;
requests for additional stories to be heard by Board of Aldermen.
4.Â
Front Yard. Minimum required setback,
none.
5.Â
Side Yard. None.
6.Â
Rear Yard. None.
7.Â
Floor Area Ratio. Maximum floor area
ratio, 0.8 to 1.
8.Â
Impervious Coverage. Maximum coverage,
eighty percent (80%).
[R.O. 1996 § 400.140; Ord. No. 1084 § 160, 3-10-1997]
A.Â
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.Â
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 400.271, Non-Conforming Uses.)
C.Â
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.Â
Lot Size. Minimum lot area, fifteen
thousand (15,000) square feet.
2.Â
Lot Width. Minimum lot width, one
hundred (100) feet.
3.Â
Height. No maximum height established.
4.Â
Front Yard. Minimum required setback, twenty (20) feet. (See Section 400.250, Setback Regulations.)
5.Â
Side Yard. No minimum side yard required
except when abutting a residential district, where a ten-foot setback
is required.
6.Â
Rear Yard. Twenty (20) feet
7.Â
Floor Area Ratio. Maximum floor area
ratio, 0.8 to 1.
8.Â
Impervious Coverage. Maximum coverage,
eighty percent (80%).
[R.O. 1996 § 400.150; Ord. No. 1084 § 210, 3-10-1997]
A.Â
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.Â
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 400.271, Non-Conforming Uses.)
1.Â
Agricultural sales and services.
2.Â
Arts and crafts studio (industrial).
3.Â
Animal services.
4.Â
Automotive rentals.
5.Â
Automotive repair services.
6.Â
Automotive washing.
7.Â
Building and grounds maintenance
services.
8.Â
Commercial embalming services.
9.Â
Commercial off-street parking.
10.Â
Construction sales and services (general)
or (limited).
11.Â
Custom manufacturing.
12.Â
Exterminating services.
13.Â
Gasoline stations.
14.Â
Hotel — motel.
15.Â
Laundry services.
16.Â
Research services.
C.Â
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.Â
Lot Size. Minimum lot area, twenty
thousand (20,000) square feet.
2.Â
Lot Width. Minimum lot width, one
hundred fifteen (115) feet.
3.Â
Height. No maximum height established.
4.Â
Front Yard. Minimum required setback, twenty (20) feet. (See Section 400.250, Setback Regulations.)
5.Â
Side Yard. Minimum required setback,
ten (10) feet.
6.Â
Rear Yard. Minimum required setback,
twenty (20) feet.
7.Â
Floor Area Ratio. Maximum floor area
ratio, 0.65 to 1.
8.Â
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.
[R.O. 1996 § 400.160; Ord. No. 1084 § 215, 3-10-1997]
A.Â
Purpose.
1.Â
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.Â
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.Â
To ensure 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.Â
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.Â
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.Â
Business support services.
3.Â
Business or trade school.
4.Â
Day care services (commercial).
5.Â
Hotel — motel, provided the
following conditions are met:
a.Â
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.Â
Access to all rooms shall be provided
by interior corridors.
6.Â
Research services.
7.Â
Research testing services.
8.Â
Research warehousing services.
9.Â
Research assembly services.
C.Â
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.Â
Lot Size. Minimum lot area, five
(5) acres. The total research park shall contain at least twenty (20)
acres.
2.Â
Height. No maximum height established.
3.Â
Front Yard. Minimum required setback,
fifty (50) feet.
4.Â
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.Â
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.Â
Floor Area Ratio. Maximum floor area
ratio, 0.55 to 1.
7.Â
Impervious Coverage. Maximum coverage,
seventy percent (70%).
10.Â
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.Â
Site development shall meet the requirements of Section 400.200(D).
12.Â
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.Â
Performance Standards.
1.Â
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.Â
Explosives shall be stored, utilized
and manufactured in accordance with applicable local, State and Federal
Codes.
[R.O. 1996 § 400.170; Ord. No. 1084 § 220, 3-10-1997]
A.Â
The "M-1" Light Industrial District is
intended as an area primarily for limited manufacturing uses generally
on moderately sized sites.
B.Â
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 400.271, Non-Conforming Uses.)
1.Â
Commercial uses.
a.Â
Animal services.
b.Â
Arts and crafts studio (industrial).
c.Â
Automotive repair services.
d.Â
Building and grounds maintenance
services.
e.Â
Commercial embalming services.
f.Â
Construction sales and services (general)
or (limited).
g.Â
Equipment repair services.
h.Â
Equipment sales.
i.Â
Exterminating services.
j.Â
Kennels.
k.Â
Laundry services.
l.Â
Research services.
m.Â
Recycling collection facility.
3.Â
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.Â
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.Â
Lot Size. Minimum lot area, twenty
thousand (20,000) square feet.
2.Â
Lot Width. Minimum lot width, one
hundred (100) feet.
3.Â
Height. No maximum height established.
4.Â
Front Yard. Minimum required setback, thirty (30) feet. (See Section 400.250, Setback Regulations.)
5.Â
Side Yard. Minimum required setback,
ten (10) feet.
6.Â
Rear Yard. Minimum required setback,
twenty (20) feet.
7.Â
Floor Area Ratio. Maximum floor area
ratio, 0.8 to 1.
8.Â
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.Â
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.Â
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 a sturdy, sight-obscuring eight-foot
high fence in good repair and two (2) rows of alternate planted evergreen
trees.
2.Â
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.Â
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.Â
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 is detrimental to normal sewage
plant operation or corrosive and damaging to sewer pipes and installations.
5.Â
Air Contaminants.
a.Â
Air contaminants and smoke shall
be less dark than designated Number One (1) on the Ringelmann 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-minute period in each one-half (1/2) 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.Â
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 (1/2)
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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 Subsection (D)(10) of this Section.
[R.O. 1996 § 400.180; Ord. No. 1084 § 225, 3-10-1997]
A.Â
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.Â
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 400.271, Non-Conforming Uses.)
C.Â
Site Development Regulations. Same as District
"M-1."
D.Â
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.Â
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-foot high fence in good repair and two (2) rows
of alternate planted evergreen trees.
2.Â
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.Â
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.Â
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 is detrimental to
normal sewage plant operation or corrosive and damaging to sewer pipes
and installations.
5.Â
Air Contaminants.
a.Â
Air contaminants and smoke shall
be less dark than designated Number Two (2) on the Ringelmann 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-minute period in each one-half (1/2) 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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
[R.O. 1996 § 400.190; Ord. No. 1084 § 230, 3-10-1997]
A.Â
Purpose.
1.Â
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.Â
To ensure 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.Â
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.Â
Commercial Uses. Same as "M-1," except
for animal services and kennels are not permitted.
3.Â
Other Uses.
a.Â
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.Â
Business support services.
c.Â
Business or trade school.
d.Â
Day care services (commercial).
e.Â
Financial services.
f.Â
Hotel — motel, provided the
following conditions are met:
(1)Â
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)Â
Access to all rooms
shall be provided by interior corridors.
g.Â
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.Â
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.Â
Lot Size. Minimum lot area, one (1)
acre. The total industrial park shall contain at least twenty (20)
acres.
2.Â
Height. No maximum height established.
3.Â
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-foot setback shall be required as landscaped open space. (See Section 400.250, Setback Regulations.)
4.Â
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-foot setback shall
be required as landscaped open space.
5.Â
Rear Yard. Minimum required setback,
twenty (20) feet, except that at all boundaries of the park adjacent
to a public street, a forty-foot setback shall be required as landscaped
open space.
6.Â
Floor Area Ratio. Maximum floor area
ratio, 0.65 to 1.
7.Â
Impervious Coverage. Maximum coverage,
eighty percent (80%).
10.Â
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 ensuring 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.Â
At all park boundaries abutting a
public street, a forty-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.Â
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.Â
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.Â
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.Â
Performance Standards. Same as District
"M-1."
[R.O. 1996 § 400.200; Ord. No. 1084 § 240, 3-10-1997; Ord. No. 1128 § 1, 9-8-1997; Ord. No. 2067, 2-22-2010]
A.Â
Purpose.
1.Â
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.Â
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.Â
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.Â
The boundaries of the area and the
development of property adjacent to the area and within three hundred
(300) feet thereof.
b.Â
The existing topography in intervals
no greater than two (2) feet.
c.Â
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.Â
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.Â
Move private streets and driveways
by not more than ten (10) feet.
2.Â
Move the location of structures by
not more than ten (10) feet so long as not to violate any setback
regulations.
3.Â
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.Â
Change the configuration of any parking
area so long as the number of spaces is not reduced.
5.Â
Change the location of sidewalks
and pathways provided that all points remain connected.
6.Â
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.Â
Use.
1.Â
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.Â
"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.Â
Requirements And Standards.
1.Â
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.Â
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.Â
A District "P" may be established
on a tract of land in single ownership or under unified control.
b.Â
The net area of land to be included
in a District "P" and so designated shall be at least two and one-half
(2 1/2) 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.Â
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.Â
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.Â
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.Â
Development of a single lot or parcel
not exceeding one (1) acre is exempt from the requirements to submit
a preliminary development plan.
g.Â
The site development plan for any
construction or development shall include provisions to meet the following
standards:
(1)Â
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)Â
Masonry. Masonry construction
shall include all masonry construction which is composed of solid,
cavity, faced or veneered-wall construction or similar materials.
(i)Â
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)Â
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)Â
Stucco or approved
gypsum concrete/plaster materials.
(b)Â
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)Â
Wood. Plywood paneling
shall be prohibited.
(d)Â
Any other material not
specifically excluded, provided the material is approved by the Board
of Aldermen.
(2)Â
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)Â
Certain Restrictions
And Limitations.
(a)Â
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)Â
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)Â
Roof-mounted equipment,
excluding satellite dishes, shall be screened from view one hundred
percent 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)Â
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 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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
With regard to the subject property
only:
(1)Â
Existing topography
with contours at five (5) foot intervals and delineating any land
areas within the 100-year floodplain.
(2)Â
Proposed location of
buildings and other structures, parking areas, drives, walks, screening,
drainage patterns, public streets and any existing easements.
(3)Â
Sufficient dimensions
to indicate relationships between buildings, property lines, parking
areas and other elements of the plan.
(4)Â
General extent and character
of the proposed landscaping.
(5)Â
Preliminary storm water
collection, detention and erosion control plans, showing existing
facilities.
(6)Â
An analysis of the capacity
of the existing sanitary sewer receiving system.
c.Â
With regard to areas within two hundred
(200) feet of the subject property:
(1)Â
Any public streets which
are of record.
(2)Â
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)Â
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.Â
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.Â
A schedule indicating the stages
proposed to be followed in the construction of the development.
2.Â
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.Â
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.Â
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.Â
Preliminary Development Plan — Revisions.
1.Â
Changes In The Approved Preliminary
Development Plan.
a.Â
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.Â
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.Â
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)Â
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)Â
Increases in lot coverage
by more than five percent (5%).
(3)Â
Increases in the height
of any building by more than twenty percent (20%).
(4)Â
Changes of architectural
style which will make the project less compatible with surrounding
uses.
(5)Â
Changes in ownership
patterns or stages of construction that will lead to a different development
concept.
(6)Â
Changes in ownership
patterns or stages of construction that will impose substantially
greater traffic loads on streets and other public facilities.
(7)Â
Decreases of any peripheral
setback of more than five percent (5%).
(8)Â
Decreases of areas devoted
to open space of more than five percent (5%) or the substantial relocation
of such areas.
(9)Â
Changes of traffic circulation
patterns that will affect traffic outside of the project boundaries.
(10)Â
Modification or removal
of conditions or stipulations to the preliminary development plan
approval.
2.Â
The determination of whether a proposed
revised preliminary development plan contains "substantial or significant
changes" shall be made by the Planning Officer.
G.Â
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.Â
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.Â
Site Plan.
(1)Â
Finished grades or contours
for entire site [two (2) foot contour intervals].
(2)Â
All adjacent public
street right-of-way, existing and proposed, with centerline location.
(3)Â
All adjacent public
street and private drive locations, widths, curb cuts and radii (existing
and proposed).
(4)Â
Location, width and
limits of all existing and proposed sidewalks.
(5)Â
Location, size and radii
of all existing and proposed median breaks and turning lanes.
(6)Â
Distance between all
buildings, between buildings and property lines, and between all parking
areas and property lines.
(7)Â
Location of all required
building and parking setbacks.
(8)Â
Location, dimensions,
number of stories and area in square feet of proposed buildings.
(9)Â
Area of land on site
plan in square feet or acres.
(10)Â
Limits, location, size
and material to be used in all proposed retaining walls.
(11)Â
Location and dimensions
of all driveways, parking lots, parking stalls, aisles, loading and
service areas and docks.
(12)Â
Location, height, candlepower,
direction of lighting and type of outside lighting fixtures for buildings
and parking lots.
(13)Â
Location, size, type
of material and message of all proposed monument or detached signs.
(14)Â
Pertinent peripheral
information to include adjacent developments, alignment and location
of public and private driveways and streets, medians, public and semipublic
easements.
(15)Â
Final stormwater collection,
detention and erosion control plans.
(16)Â
Final analysis of the
capacity of the existing sanitary sewer receiving system.
2.Â
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.Â
The following shall be submitted
in support of the application for final development plan approval:
a.Â
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.Â
A copy of all covenants and restrictions
applicable to the development if required by the terms of the approved
preliminary development plan.
c.Â
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.Â
Evidence of satisfaction of any stipulations
of the preliminary development plan approval which were conditions
precedent to consideration of the final development plan.
H.Â
Final Development Plan — Consideration.
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Adjustments To Final Development
Plan.
a.Â
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.Â
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)Â
Move private streets
and driveways by not more than ten (10) feet.
(2)Â
Move the location of
structures by not more than ten (10) feet so long as not to violate
any setback regulations.
(3)Â
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)Â
Change the configuration
of any parking area so long as the number of spaces is not reduced
below the required number of spaces.
(5)Â
Change the location
of sidewalks and pathways provided that all points remain connected.
7.Â
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.Â
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.
[R.O. 1996 § 400.210; Ord. No. 1084 § 250, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
Statement Of Intent.
1.Â
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.Â
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.Â
Open space and recreational amenities
developed according to the needs of the residents and the capacity
of the land for such development.
c.Â
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.Â
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.Â
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 socioeconomic factors are weighed properly
in the decision-making process.
f.Â
(1)Â
A more desirable environment
than would be possible through the strict application of other Sections
of the ordinance.
(2)Â
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.Â
Design Criteria.
1.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
Industrial parks, including
other supporting uses necessary for and designed or intended to serve
such activities or uses.
d.Â
Permitted Densities.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
Carrying Capacity Of The Land. Development
shall not be permitted which exceeds the carrying ability of the land,
as related to the following:
(1)Â
Topography of the site
and the associated problems of building on steep slopes.
(2)Â
Drainage of areas especially
as a result of storm runoff.
(3)Â
Permeability of the
soil especially as it relates to the dispersion of waste from septic
tanks.
(4)Â
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.Â
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.Â
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.Â
Topography.
(1)Â
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)Â
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)Â
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)Â
All elements of the
site design shall be designed to fit the natural contour of the land
as closely as possible and practicable.
l.Â
Surface Drainage.
(1)Â
Buildings, structures,
streets, paved areas and utilities shall be located on the site in
areas of the least potential ground water hazard.
(2)Â
Grades should not be
designed which direct a concentrated flow of surface drainage over
existing or proposed slopes.
(3)Â
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)Â
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.Â
Slopes. All earth slopes with grades
of thirty percent (30%) or steeper shall be planted with appropriate
vegetative cover to minimize erosion.
n.Â
Vegetation.
(1)Â
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)Â
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)Â
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.Â
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)Â
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)Â
Customary driveways
for one- and two-family dwellings.
(3)Â
Flat roofs with improved
recreational and open space facilities with ready access.
(4)Â
A maximum of one-half
(1/2) 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)Â
Enclosed open space
areas in shopping malls, including walkways.
(7)Â
Phase or identifiable
segment of a residential project shall contain less than fifty percent
(50%) usable open space.
p.Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
A developer may choose
to mix his or her 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)Â
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)Â
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)Â
Transition area requirements
are satisfied in terms of open space.
(c)Â
A buffer zone of open
space would protect homes, such as along their perimeter of a major
highway or an industrial site.
(d)Â
Utilities such as sewer
and water cannot be brought to a portion of the site.
(e)Â
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)Â
The distance between
clusters of structures should be considerably 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.Â
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)Â
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)Â
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.Â
Local Open Space Distribution.
(1)Â
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)Â
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 (1/2) 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)Â
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)Â
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)Â
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.Â
Access To Local Open Space.
(1)Â
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)Â
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)Â
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)Â
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)Â
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.Â
Pedestrian Access To Buildings.
(1)Â
Each building shall
have safe and convenient pedestrian access from project parking areas.
(2)Â
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)Â
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)Â
Sidewalks and pathways
shall be located to assure a minimum vertical clearance of seven (7)
feet from all permanent or temporary obstructions.
(5)Â
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)Â
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.Â
Sidewalks And Pathways — Objective.
(1)Â
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)Â
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)Â
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)Â
Sidewalks or paths will
be required on one (1) side of culs-de-sac to the radius of the cul-de-sac.
(5)Â
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.Â
Street Width.
(1)Â
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)Â
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)Â
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)Â
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.Â
Setbacks.
(1)Â
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)Â
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.Â
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.Â
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.Â
Procedure.
1.Â
Process. The overall PUD process
is composed of four (4) elements: preliminary plan, preliminary plat,
final plan and final plat, as follows:
a.Â
The preliminary plan is appended
to the ordinance granting the PUD and becomes a part thereof.
b.Â
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.Â
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.Â
Final Plat.
(1)Â
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)Â
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)Â
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.Â
Procedures — Preliminary Plan
And Preliminary Plat.
a.Â
The preliminary plan shall consist
of maps and/or text which contain:
(1)Â
A complete site plan
showing the major details of the proposed development consisting of
the following:
(a)Â
Conceptual drainage
plans,
(b)Â
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)Â
Conceptual landscaping
or screening proposals,
(d)Â
Location of and conceptual
design of signs,
(e)Â
Approximate location
and conceptual design of local open space areas, and
(f)Â
Pedestrian areas and
walkways, with sufficient dimensions to clarify the plan.
(2)Â
The proposed name of
the development and the names of adjacent developments.
(3)Â
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)Â
The location of boundary
lines and their relation to established section lines or fractional
section lines, township and range lines.
(5)Â
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)Â
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-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)Â
All parcels of land
proposed to be dedicated to public use and the conditions of such
dedication, if any.
(8)Â
Date, north point and
scale.
(9)Â
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)Â
Computation of usable
open space.
(11)Â
Computation of local
open space in square feet and as a percentage of total gross land
area.
(12)Â
An identification of
proposed phases of development.
(13)Â
An estimated time schedule
for development.
(14)Â
A statement of the
primary points to be covered in a homeowners' association or a proposal
for other approved arrangements.
(15)Â
Such other information
as the Planning and Zoning Commission shall require by resolution.
(16)Â
Any other information
the applicant believes will support his or her request.
b.Â
The preliminary plat shall include
the following:
(1)Â
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)Â
The location and boundary
lines and their relation to established section lines or fractional
section lines, township and range lines.
(3)Â
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)Â
All parcels of land
proposed to be dedicated to public use and the condition of such dedication,
if any.
(5)Â
Date, north point and
scale.
(6)Â
Indication on the plat
of the minimum floor area for buildings in the proposed development.
3.Â
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.Â
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.Â
The final plan shall contain the
data specified in the following:
(1)Â
The name of the development
and adjacent developments.
(2)Â
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)Â
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)Â
An estimated time schedule
for development by phase.
(5)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Location and design
of all proposed subdivision monuments or entrance features.
(11)Â
Computation of usable
open space.
(12)Â
Local open space in
square feet and as a percentage of total gross land area.
(13)Â
The names, addresses
and telephone numbers of the owner and registered engineer, planner,
surveyor or landscape architect responsible for the engineering.
(14)Â
Maintenance Proposal
And Procedures.
(a)Â
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)Â
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)Â
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)Â
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)Â
Such other information
as the Planning and Zoning Commission shall require by resolution.
(16)Â
Any other information
the applicant believes will support his or her request.
(17)Â
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)Â
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.Â
The final plan shall be deemed to
be in compliance with the preliminary plan, provided any modification
of the plan does not:
(1)Â
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)Â
Increase by more than
ten percent (10%) the floor area proposed for non-residential use,
nor
(3)Â
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.Â
The final plat shall contain the
data specified in the following:
(1)Â
The numbers of any lots
and blocks in accordance with a systematic arrangement.
(2)Â
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)Â
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)Â
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)Â
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)Â
The location of all
permanent monuments.
(7)Â
A certification by a
registered civil engineer or surveyor to the effect that the plat
represents a survey made by him or her and that all necessary survey
monuments are correctly shown thereon.
(8)Â
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)Â
All other required forms
such as endorsements, dedications and certificates.
(10)Â
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 or her
principal or other applicant for approval.
(11)Â
Indication on the plat
of the minimum floor area for buildings in the proposed development.
(12)Â
The names and addresses
of the owner and registered engineer, planner, surveyor or landscape
architect responsible for the engineering, survey and design.
d.Â
Amendments.
(1)Â
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)Â
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)Â
Move private streets
and driveways by not more than ten (10) feet.
(b)Â
Move the location of
structures by not more than ten (10) feet so long as not to violate
any setback regulations.
(c)Â
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)Â
Change the configuration
of any parking area so long as the number of spaces is not reduced.
(f)Â
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.Â
Conditions.
1.Â
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 therefor, 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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Appeals from any determination by
any administrative officer of the City shall be heard by the Board
of Adjustments.
[R.O. 1996 § 400.220; Ord. No. 1084 § 260, 3-10-1997; Ord. No. 1645 § 1, 5-10-2004; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
Standards Along Major Roadways Or Adjacent
To Residential Property.
1.Â
Intent And Purpose. The regulations
of this Section are intended to protect property values, enhance community
appearance and to preserve neighborhood character.
2.Â
Application Of Regulations.
a.Â
These regulations shall apply in
addition to the other regulations of the base zoning districts.
b.Â
These regulations shall not apply
to single-family or duplex homes or to agricultural uses.
c.Â
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.Â
Minimum Exterior Building Material
Standards.
a.Â
One hundred percent (100%) coverage
of all exterior visible walls, excluding windows and doors, shall
consist of the following materials:
(1)Â
Masonry. Masonry construction
shall include all masonry construction which is composed of solid,
cavity, faced or veneered-wall construction or similar materials.
(a)Â
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)Â
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)Â
Stucco or approved gypsum
concrete/plaster materials.
(2)Â
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)Â
Wood. Wood paneling
shall be prohibited.
(4)Â
Any other material not
specifically excluded, provided the material is approved by the Board
of Aldermen.
c.Â
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.Â
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.Â
Roof-mounted equipment, excluding
satellite dishes, shall be screened from view one hundred percent
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.Â
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 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.Â
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.Â
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.Â
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.Â
Obstructions Of Site Distance At Intersections
And Drives.
1.Â
Landscaping, fences, signs, buildings
and other obstructions shall not be placed to interfere with the line
of site between two and one-half (2 1/2) feet and eight (8) feet above
the curb or street surface within the following defined locations:
a.Â
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.Â
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.Â
A twenty-five (25) foot by twenty-five
(25) foot area in each direction from two (2) or more vehicular driveways.
[R.O. 1996 § 400.230; 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.Â
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.Â
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.Â
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.Â
No-impact home-based businesses as described in Section 400.520 of this City's Code.
[Ord. No. 2403, 11-28-2022]
2.Â
Garages And Accessory Buildings.
[Ord. No. 2565, 11-22-2021; Ord.
No. 2593, 8-8-2022]
a.Â
In a lot that does not exceed forty-three
thousand five hundred sixty (43,560) square feet (1 acre) in size
and lies within 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.
b.Â
In a lot that is at least forty-three
thousand five hundred sixty (43,560) square feet (1 acre), but does
not exceed one hundred thirty thousand six hundred eighty (130,680)
square feet (3 acres) in size and lies within Districts "R-1," "R-1A,"
"R-1B," "R-1C," and "R-2," two (2) detached garages/accessory buildings
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 two thousand
four hundred (2,400) square feet per structure, whichever is smaller
in area, constructed in connection with the residential use of a property.
c.Â
In a lot that is equal to or greater
than one hundred thirty thousand six hundred eighty (130,680) square
feet (3 acres) in size and lies within Districts "R-1," "R-1A," "R-1B,"
"R-1C," and "R-2," two (2) detached garages/accessory buildings, 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 five thousand (5,000)
square feet per structure, whichever is smaller in area, constructed
in connection with the residential use of a property.
d.Â
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.
e.Â
A garage or accessory building may be built not less than five
(5) feet from a side lot line and not less than five (5) feet from
the rear property line. Accessory buildings may not be placed on utility
easements.
f.Â
In a lot within Districts "R-1," "R-1A," "R-1B," "R-1C," and
"R-2," the drives and parking areas for the new detached garage and
detached accessory storage building shall be concrete.
g.Â
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.
h.Â
Storage buildings that have been converted from a wheeled trailer,
a portable storage container or a roll-off trash container or a similar
container shall not constitute an accessory building or use.
3.Â
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.Â
Temporary real estate sales offices,
not located in a no-impact home-based business property being sold
and limited to period of sale, but not exceeding two (2) years without
special permit from the Board of Aldermen.
[Ord. No. 2403, 11-28-2022]
5.Â
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.Â
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.Â
Below-Grade Pools, Saunas And Jacuzzis.
(1)Â
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)Â
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.Â
Above-Grade Pools, Saunas And Jacuzzis.
(1)Â
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)Â
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.Â
Adequate drainage facilities shall
be provided for which the plans and specifications shall be approved
by the Building Inspector.
d.Â
All pools, saunas and jacuzzis shall
comply with other applicable Building and Electrical Code regulations.
7.Â
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.Â
Containers are located on property
in District "A" or Districts "C-1" through "M-2," inclusive, or church
or school grounds;
b.Â
Containers shall not remain at the
location for a period of more fourteen (14) continuous days;
c.Â
Such drives are not conducted at
the same location more than four (4) times within a twelve (12) month
period of time;
d.Â
Activity is at least one hundred
fifty (150) feet from any adjacent property zoned or used for residential
purposes;
e.Â
Reverse vending machines are not
used; and
f.Â
The temporary facility is maintained
in a clean, litter-free condition on a daily basis.
8.Â
Reverse Vending Machine. One (1)
reverse vending machine is allowed by right in Districts "C-2" through
"M-2," inclusive, provided the machine:
a.Â
Does not obstruct required parking
spaces;
b.Â
Does not obstruct pedestrian or vehicular
circulation;
c.Â
Is maintained in a clean, litter-free
condition on a daily basis;
d.Â
Is illuminated to ensure comfortable
and safe operation if operating hours are between dusk to dawn;
e.Â
Is at least one hundred fifty (150)
feet from any adjacent property zoned or used for residential purposes;
and
f.Â
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.Â
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.Â
No fence shall be constructed that will constitute a traffic hazard. [See Section 400.220(C).]
b.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Any fence proposed across a drainage
way or drainage easement shall require review and approval by the
Director of Community Development.
h.Â
Barbed wire and electric fences are
not permitted except in agricultural zoning districts and as identified
in this Section.
i.Â
Barbed wire is permitted in "M-1"
and "M-2" zoning districts only on brackets over six (6) feet fences,
for security purposes.
D.Â
The following uses are permitted as temporary
uses for the time period specified and in the zoning district specified:
1.Â
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.Â
Contractors' offices and equipment
sheds and trailers which are accessory to a construction project are
permitted during the duration of such project.
3.Â
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.Â
Sales of farm produce grown on the
premises is permitted in agricultural, commercial and industrial zoning
districts.
5.Â
Carnivals, circuses and fairs are
permitted in commercial and industrial zoning districts for a time
period not exceeding three (3) weeks.
6.Â
Garage or yard sales are permitted
in any zoning district, provided that such use shall not exceed three
(3) consecutive days in duration nor shall it occur more than two
(2) times in a year at any location.
[R.O. 1996 § 400.240; Ord. No. 1084 § 280, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
Specified Uses.
a.Â
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)Â
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)Â
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)Â
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.Â
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)Â
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)Â
The proposed use will
not enlarge or encourage the development of a "blighted" area as defined
in Section 100.310, RSMo.
(3)Â
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)Â
All applicable regulations
of this Chapter will be observed.
c.Â
Cemeteries, burial grounds, graveyards,
mausoleums or crematories, provided that all applicable State regulations
are met.
d.Â
Clubhouses, country club and golf
course, subject to meeting all the conditions and restrictions set
forth below:
(1)Â
The property shall be
at least four (4) acres in size.
(2)Â
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)Â
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)Â
Off-street parking shall
be provided on the basis of one (1) space for every two (2) members.
(5)Â
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)Â
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.Â
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.Â
Golf driving range, commercial or
illuminated, in Districts "A," "C-3," "M-1," "M-2."
g.Â
Miniature golf courses.
h.Â
Group homes.
(1)Â
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)Â
That the maximum number
of persons in a facility shall not exceed ten (10) individuals and
two (2) resident staff members.
(b)Â
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)Â
That the parking shall
be adequately paved and screened from adjoining properties.
(d)Â
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)Â
That the property shall
have a minimum lot area of ten thousand (10,000) square feet.
(f)Â
That there shall be
a minimum building size of two hundred fifty (250) square feet per
resident and resident staff.
(g)Â
That there shall be
no exterior evidence of such a use and there shall be no sign advertising
the nature of the use.
(h)Â
That the facility shall
not be used as a residence for substance abusers or ex-offenders.
(i)Â
That at the time of
original approval no facility shall be located within five hundred
(500) 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)Â
That the residential
character of the structure shall be maintained.
(k)Â
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)Â
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)Â
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)Â
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)Â
Not less than five hundred
(500) square feet of lot area is provided for each patient.
(c)Â
Side yards are at least
one hundred percent (100%) greater than the side yard required in
the district.
(d)Â
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)Â
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)Â
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.Â
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.Â
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)Â
One (1) parking space
per every four (4) residents, including staff residents.
(2)Â
Paving and screening
of all parking area.
(3)Â
Minimum lot area of
twenty-thousand (20,000) square feet.
(4)Â
No more than twelve
(12) residents (including resident staff).
(5)Â
No exterior evidence
of such use and no sign advertising such use.
(6)Â
There shall be a minimum
building size of three hundred (300) square feet for each resident
and resident staff.
(7)Â
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)Â
That the facility shall
maintain the residential character of the structure.
k.Â
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.Â
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)Â
Acid manufacture.
(2)Â
Cement, lime, gypsum
or plaster of paris manufacture.
(3)Â
Distillation of bones.
(4)Â
Explosive manufacture,
storage or use.
(5)Â
Fertilizer manufacture,
storage or use.
(6)Â
Gas manufacture.
(7)Â
Garbage, offal or dead
animal reduction or dumping.
(8)Â
Hides and skins (storage,
curing and tanning).
(9)Â
Meat or fish packing
or storage plants.
(10)Â
Meat processing.
(11)Â
Petroleum or its products
(refining of).
(12)Â
Smelting of tin, copper,
mine or iron ores.
(13)Â
Stockyards or slaughtering.
(14)Â
Tar distillation or
manufacture.
(15)Â
Wholesale storage of
Class I liquids, only in "M-1" and M-2.
(16)Â
Wood distillation plants
(charcoal, tar, turpentine, etc.).
m.Â
Landfills, sanitary and demolition,
provided that all requirements of applicable State laws are met.
n.Â
Maintenance storage facilities and
equipment yards for equipment owned and used by a homeowners' association
in upkeep of common areas.
o.Â
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)Â
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)Â
All parking areas and access drives shall be paved in accordance with Section 400.290(A)(5)(a).
p.Â
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)Â
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)Â
The proposed use will
not enlarge or encourage the development of a "blighted" area as defined
in Section 100.310, RSMo.
(3)Â
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)Â
All applicable regulations
of this Chapter will be observed.
q.Â
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)Â
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)Â
Underground mines or
quarries or use of such underground mined-out areas for uses not otherwise
permitted, provided the following conditions are met:
(a)Â
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)Â
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)Â
No activities shall
be conducted upon the surface of such mine.
(d)Â
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)Â
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.Â
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.Â
Nurseries, garden centers and greenhouses
(retail and/or wholesale) or other retail or wholesale suppliers of
fertilizer or manure products.
t.Â
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)Â
Gas and oil drilling
in any district, subject to the following conditions and restrictions:
(a)Â
Any oil or gas well
within one hundred fifty (150) feet of a residential district shall
be visually screened.
(b)Â
Any storage tank shall
be located at least one hundred fifty (150) feet from the property
line.
(c)Â
Any oil or gas well
shall be removed after one hundred eighty (180) days of non-production,
as determined by production records.
u.Â
Penal or correctional institutions.
v.Â
Processing or disposal plants, sewage
or garbage, provided that all applicable State laws are met.
w.Â
Swimming pools, commercial.
x.Â
Radio and television stations, microwave
towers, commercial broadcast towers and repeating towers, subject
to the following conditions and requirements:
(1)Â
The tower design shall
be certified by a registered professional engineer and shall meet
the most recent engineering standards for wind loading and tower strength.
(2)Â
All applicable Federal
regulations must be observed.
(3)Â
The tower must be one-half
(1/2) its height from all property lines.
y.Â
Recreational areas, commercial.
(1)Â
Amusement parks, baseball
or athletic fields, race tracks or fairgrounds and incidental concession
facilities, subject to the following conditions:
(a)Â
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)Â
Plans for shrubbery,
landscaping and fencing shall be presented to the Board and made a
part of the permit.
(c)Â
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)Â
Outdoor lighting shall
be so designed as to reflect away from adjoining residential-zoned
property.
(e)Â
Access to the property
shall be directly from major streets (primary and secondary arterials).
(f)Â
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)Â
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)Â
Picnic groves; fishing,
recreation or swimming lakes; and pergolas, including concession facilities
for patrons thereof.
z.Â
Equipment rental businesses that
require outdoor storage.
aa.Â
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.Â
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.Â
Drive-in theaters.
ad.Â
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.Â
Travel trailer camps, subject to
the following conditions:
(1)Â
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)Â
Minimum tract size shall
be five (5) acres and be in one (1) ownership.
(3)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Existing condition map
showing:
(i)Â
Legal description of
proposed property.
(ii)Â
Location drawing showing
the existing development within one-half (1/2) mile radius of the
proposed location.
(iii)Â
Existing site plan
indicating the size of site, topography (not greater than five-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)Â
Date prepared, scale
and north point.
(b)Â
Proposed development
plans showing:
(i)Â
General layout of development
with dimension sizes, number of spaces and related sanitation accommodation.
(ii)Â
Parking area location,
sizes and capacity.
(iii)Â
Ingress and egress
points for the project.
(iv)Â
Use of structures.
(v)Â
General layout of typical
travel trailer space showing size of space and proposed improvements.
(vi)Â
General layout of the
required common open space development indicating location of recreational
areas and accessory convenience establishment.
(vii)Â
Location of permanent
open space to be retained.
(viii)Â
Layout of roadway
within the camp.
(ix)Â
Net density of proposed
project, expressed in terms of units per acre.
(x)Â
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)Â
Plan and method of
sewage disposal and water supply.
(xii)Â
Location plan and
number of proposed sanitary conveniences, including proposed toilets,
washrooms, laundries and utility areas.
(xiii)Â
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)Â
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)Â
All parking areas and
roadways shall be constructed and paved with a hard surface bituminous
or concrete material.
(b)Â
All camps shall be provided
with general outdoor lighting with a minimum of three-tenths (0.3)
foot-candles of general illumination.
(c)Â
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.Â
Newspaper, newsprint or book publishing
plants under the following restrictions:
(1)Â
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)Â
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.Â
Recycling Facilities.
(1)Â
Definitions.
(a)Â
Recycling Facilities.
Facilities that accept recyclable materials.
(b)Â
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)Â
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)Â
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)Â
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)Â
Applicability.
(a)Â
A conditional use permit
for a recycling collection facility may be approved in a residential
zoning district, provided:
(i)Â
The facility is located
on the grounds of a church or school; and
(ii)Â
The conditions specified in Section 400.240(A)(1)(ag)(3) are met.
(b)Â
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)Â
This Section does not
apply to the following facilities:
(i)Â
Temporary recycling drives [see Section 400.230(C)(7)];
(ii)Â
One (1) reverse vending machine [see Section 400.230(C)(8)]; and
(iii)Â
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)Â
A recycling collection
facility is allowed by right in Districts "M-1" and "M-2."
(3)Â
Conditions Of A Conditional
Use Permit Approval.
(a)Â
The days and hours of
operation are approved by the Board of Aldermen;
(b)Â
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)Â
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)Â
Storage of materials
is not allowed outside of the semitrailers, bins, barrels or other
appropriate containers;
(e)Â
Containers are painted
and well-maintained;
(f)Â
The site is kept clean
and free of litter and debris and weeds are controlled;
(g)Â
Rodents and other pests
are controlled;
(h)Â
Activity is at least
one hundred fifty (150) feet from other property zoned or used for
residential purposes; and
(i)Â
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.Â
Temporary structures or buildings
for commercial, industrial or institutional uses.
ai.Â
Kennels, only in "A" and "M" Districts.
aj.Â
Short-term loan establishments and
title loan establishments subject to the following conditions.
[Ord. No. 2370 § 2, 10-26-2015]
(1)Â
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)Â
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)Â
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)Â
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)Â
No conditional use permit
for a short-term loan establishment or title loan establishment shall
exceed three (3) years in duration.
(6)Â
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)Â
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)Â
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.Â
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.Â
Vesting Of Rights.
a.Â
The mere issuance of a conditional
use permit gives no vested rights to the permit holder.
b.Â
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.Â
Transferability Of Permits.
a.Â
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.Â
A permit cannot be assigned or transferred
to a different parcel of land.
c.Â
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.Â
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.Â
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.Â
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.Â
Revocation Of Permits.
a.Â
Any conditional use permit granted
under the authority of this Section is subject to revocation for any
or all of the following reasons:
(1)Â
Non-compliance with any applicable requirement as set forth in Section 400.240(A)(1).
(2)Â
Non-compliance with
any special conditions imposed at the time of approval of the conditional
use permit.
(3)Â
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)Â
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)Â
Attempted transfer of a permit in violation of Section 400.240(A)(4) of this Chapter.
(6)Â
Revocation is necessary
to preserve the public health, safety and welfare.
b.Â
Procedure For Revocation.
(1)Â
Revocation proceedings
may be initiated by the Board of Aldermen.
(2)Â
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)Â
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)Â
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)Â
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.
[R.O. 1996 § 400.250; Ord. No. 1084 § 290, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Buildings shall front on the street
providing the required building setback.
[R.O. 1996 § 400.260; Ord. No. 1084 § 300, 3-10-1997; Ord. No. 2067, 2-22-2010]
A.Â
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.Â
Height Exceptions.
a.Â
In any district, public or semipublic
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.Â
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 (2
1/2) 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.Â
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.Â
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.Â
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.Â
Yard Exceptions.
a.Â
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.Â
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.Â
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.Â
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.Â
In computing the depth of a rear
yard for any building where such yard abuts an alley, one-half (1/2)
of such alley may be assumed to be a portion of the rear yard.
f.Â
Condominium ownership shall not constitute
violation of the lot and yard requirements of this Chapter.
g.Â
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.
[R.O. 1996 § 400.270; Ord. No. 1084 § 310, 3-10-2007; Ord. No. 1918 § 1, 9-10-2007]
A.Â
Purpose. Within the zoning districts established
by these Zoning Regulations or previously existing regulation, there
are lots, structures, uses and characteristics of uses that lawfully
came into being prior to the effective date of these Zoning Regulations
that would now be prohibited, regulated or restricted under the provisions
of these Zoning Regulations 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 these Zoning Regulations. 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.Â
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.Â
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.Â
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 these Zoning Regulations 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.Â
Authority To Continue. Non-conformities
shall be allowed to continue in accordance with the regulations of
this Section.
D.Â
Determination Of Non-Conformity Status.
The burden of establishing that non-conformity lawfully exists is
the burden of the City.
E.Â
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.Â
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.
[R.O. 1996 § 400.271; Ord. No. 1918 § 1, 9-10-2007]
A.Â
Non-conforming uses shall be subject to
the following standards.
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Accessory Uses. No use which is accessory
to a principal non-conforming use shall continue to exist after such
principal use ceases to exist.
[R.O. 1996 § 400.272; Ord. No. 1918 § 1, 9-10-2007]
A.Â
All non-conforming structures shall be
subject to the following standards.
1.Â
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.Â
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.Â
Relocation. Non-conforming structures
shall not be moved unless the movement will bring the structure into
compliance with all applicable zoning district regulations.
[R.O. 1996 § 400.273; Ord. No. 1918 § 1, 9-10-2007]
A.Â
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.Â
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.Â
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.Â
Limitations On Non-Conforming Signs.
1.Â
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.Â
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.Â
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.Â
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.Â
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 (1/2) 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.Â
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.
[R.O. 1996 § 400.274; Ord. No. 1918 § 1, 9-10-2007]
A.Â
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.Â
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.
[R.O. 1996 § 400.275; 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.
[R.O. 1996 § 400.276; Ord. No. 1918 § 1, 9-10-2007]
Public property, structures, signs
and uses are not subject to non-conformity regulations.
[R.O. 1996 § 400.280; Ord. No. 1084 § 330, 3-10-1997]
A.Â
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.Â
Enforcement. This Chapter shall be a minimum
standard and the regulations which are contained herein shall be enforced
by the Planning Officer.
C.Â
GROUND COVER
LANDSCAPE MATERIALS
LANDSCAPING
PLANT MATERIALS
SCREEN
SHRUB
TREE
TURF
VINE
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.
A low growing plant, other than turf grass, which forms a
continuous cover over the ground surface.
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 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.
Living plants which include trees, shrubs, ground cover,
turf and vines which are suitable for ornamental and/or functional
use.
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.
A self-supporting woody plant which normally reaches a height
of less than fifteen (15) feet.
A self-supporting woody plant which normally reaches a height
of at least fifteen (15) feet.
Ground cover composed of one (1) or more species of perennial
grass which is grown as a permanent lawn.
A plant which is typically woody and climbs by supporting
itself on some other plant or structure.
D.Â
Landscaping And Screening Plan.
1.Â
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.Â
A landscaping and screening plan
shall be required for only that phase of development for which the
building permit is being acquired.
3.Â
The landscaping and screening plan
shall include the following information:
a.Â
Scale at one (1) inch equals twenty
(20) feet to fifty (50) feet.
b.Â
North reference.
c.Â
The location and size of all utilities
on the site.
d.Â
The location of all existing and
proposed parking areas.
e.Â
The location of all existing and
proposed buildings and structures.
f.Â
The location, condition, size and
quantity of all proposed landscape materials. Plant materials shall
be identified by both common and botanical name.
g.Â
The location, size and common name
of all existing plan materials to be retained.
h.Â
Plant species shall be shown on the
plan by indicating their mature crown spread drawn to scale.
i.Â
The location and common name of all
twelve (12) inch diameter or larger [at four and one-half (4 1/2)
feet above ground] trees which are to be removed.
E.Â
Minimum Standards For Landscaping.
1.Â
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 (1 1/2) 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.Â
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.Â
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.Â
The minimum requirement for parking
lot interior landscaping shall be as follows: No less than two and
one-half percent (2.5%) 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.Â
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.Â
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.Â
Each landscaped area shall be separated
from the pavement material by concrete curbing or by an integral concrete
sidewalk and curb.
F.Â
Minimum Standards For Screening.
1.Â
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.Â
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.Â
Plant Materials.
1.Â
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 — 1 1/2 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
|
2 1/2 inches
|
P.P. (2)
|
(1)Â
B & B = balled and burlapped;
container grown stock may be used where appropriate.
(2)Â
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.Â
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.Â
Existing trees which are to be retained
to satisfy the requirements of this Chapter shall meet the following
standards:
a.Â
For shade trees, the diameter four
and one-half (4 1/2) feet above ground shall be at least one and one-half
(1 1/2) inches.
b.Â
For ornamental trees, the height
shall be at least eight (8) feet.
c.Â
For evergreen trees, the height shall
be at least six (6) feet.
d.Â
Trees shall be free from mechanical
injuries, insect infestations and disease.
e.Â
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.Â
Approval Of Plans. In situations where
the contractor or owner feels that he or she is unable to comply with
these requirements, the Planning and Zoning Commission shall determine
if the proposed landscaping and screening plans are adequate.
I.Â
Installation Of Materials. Landscaping,
as required by the provisions of this Chapter, shall be installed
by the end of the first planting season following occupancy. For the
purposes of this Chapter, there shall be two (2) planting seasons,
which are from February 15 through May 31 and September 15 through
November 30.
J.Â
Maintenance.
1.Â
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.Â
Other landscape materials shall be
maintained in proper repair and shall be kept clear of refuse and
debris.
K.Â
Obstruction Of Sight Distance At Intersections. Landscaping and/or screening materials shall not interfere with the line of sight between two and one-half (2 1/2) feet and eight (8) feet above the curb at driveways or intersections. [See Section 400.220(C).]
L.Â
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.Â
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.
[R.O. 1996 § 400.290; 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.Â
Parking.
1.Â
General Statement.
a.Â
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.Â
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.Â
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.Â
For the applicable regulations and definition of downtown area, see Section 400.290(C).
2.Â
Schedule Of Off-Street Parking.
a.Â
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.Â
Method Of Computation.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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
(1/2) or less may be disregarded, while a fraction in excess of one-half
(1/2) shall be counted as one (1) parking space.
(7)Â
Member of a fraternity
or sorority shall include pledges, actives and employees, whether
living on the premises or not.
3.Â
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.Â
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)Â
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)Â
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.Â
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.Â
Dimensions Of Parking Area.
a.Â
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.Â
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.Â
Ingress And Egress.
(1)Â
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)Â
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.Â
Improvement Of Parking Area.
a.Â
Surfacing And Curbing.
(1)Â
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 (1 1/2) inch asphalt surface or a four (4)
inch asphalt base overlaid with a one and one-half (1 1/2) inch asphalt
surface or a minimum of four (4) inches of concrete.
(2)Â
All new construction
in "R-1," "R-1A," "R-1B, "R-1C" and "R-2" zoning that is platted after
the adoption of this Chapter shall have concrete drives and parking.
(3)Â
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)Â
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.Â
Maintenance. Off-street parking areas
shall be maintained in proper repair as required above.
c.Â
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.Â
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.Â
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.Â
Setback Requirements.
a.Â
Off-street parking for single-family
and duplex residential uses shall have no setback requirements.
b.Â
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.Â
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.Â
For one- and two-family dwellings
— on the same lot the building they are required to serve.
b.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Additional Parking Regulations.
a.Â
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.Â
Off-street parking, not required
under this Section, but voluntarily provided, shall comply with all
the requirements with regard to location and construction.
c.Â
Required spaces shall not be used
for storage and shall be kept available for their parking function.
d.Â
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.Â
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.Â
Parking of automobiles, trucks, boats,
trailers, recreational vehicles, lawn mowers, 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.Â
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.Â
Downtown.
1.Â
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
(1/2) block east of Main Street.
2.Â
Parking Regulations.
a.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Accessible parking spaces shall be
located on a surface with a slope not exceeding one (1) vertical in
fifty (50) horizontal.
3.Â
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.Â
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
|
[R.O. 1996 § 400.300; Ord. No. 1084 § 350, 3-10-1997; Ord. No. 1278 § F, 7-12-1999; Ord. No. 1524, 10-28-2002]
A.Â
Purpose.
1.Â
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.Â
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.Â
APPROVED COMBUSTIBLE MATERIAL
APPROVED COMBUSTIBLE PLASTICS
ATTENTION ATTRACTING DEVICE
DETACHED SIGN
ILLUMINATED SIGNS
1.Â
2.Â
3.Â
INCIDENTAL SIGN
MARQUEE SIGN
MONUMENT SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PORTABLE SIGN
PROJECTING SIGN
ROOF SIGN
SIGN
SIGN AREA
SNIPE SIGN
SUBDIVISION AMENITY SIGN
SUBDIVISION ENTRANCE MARKER
TEMPORARY SIGN
UNDER CANOPY SIGN
WALL SIGN
Definitions.
For the purposes of this Section, the following terms shall be deemed
to have the meaning indicated below:
Wood, or materials not more combustible than wood, and 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 (2 1/2) inches per minute in sheets of 0.060-inch
thickness.
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.
Any sign not attached to a building.
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.
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.
Fully Illuminated Sign. Any sign
which is illuminated by an external or internal light source which
is visible.
A sign which guides or directs pedestrian or vehicular traffic,
or a sign in conjunction with a drive-through window, which may be
mounted on the ground, on a building or in connection with a detached
sign.
Any sign attached flat against the marquee or permanent sidewalk
canopy of a building and not extending above the roof line.
An identification sign which rises from the ground and generally
has no clearance under it.
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.
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.
A sign that is not permanently affixed to one (1) location
and has the capability of being moved from one site to the next.
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.
A sign which extends above a roof or parapet wall of a building
and which is wholly or partially supported by said roof.
Any words, letters, numerals, figures, devices, designs or
trademarks by which information is made known to the public.
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.
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.
A sign directing traffic to amenities such as clubhouse or
swimming pool within the subdivision.
A detached sign identifying the subdivision located at one
(1) or more of the subdivision entrances.
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.
A display attached to the underside of a marquee or canopy
and protruding over public or private sidewalks or rights-of-way.
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.Â
Sign Types Permitted — Zone Restrictions.
Permitted signs in each zoning district are as follows:
1.Â
District "A."
a.Â
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.Â
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.Â
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.Â
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.
2.Â
Districts "R-1," "R-1A," "R-1B, "R-1C" And "R-2." Signs as permitted in Subsections 400.300(C)(1)(c) and (d) of District "A."
3.Â
District "R-3" And "R-4."
a.Â
Signs as permitted in Subsections 400.300(C)(1)(c) and (d) of District "A."
b.Â
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.Â
Districts "RO" And "CB."
a.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
In lieu of one (1) of the above wall
or marquee signs, one (1) projecting sign or under canopy sign shall
be permitted.
c.Â
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 (1/2) 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.Â
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.Â
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.Â
Incidental signs are subject to the
approval of the Planning Officer and shall not exceed nine (9) square
feet in area.
g.Â
Off-premises signs shall be permitted
only along I-70:
(1)Â
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)Â
Off-premises signs shall
be separated by at least one thousand four hundred (1,400) feet.
(3)Â
All off-premises signs
shall comply with size requirements as specified by the Missouri State
Highway Department.
(4)Â
The maximum height of
off-premises signs shall be forty-five (45) feet.
h.Â
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.Â
Permits And Fees.
1.Â
Permits Required.
a.Â
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.Â
Permits shall not be required under
the following conditions:
(1)Â
Replacing or altering
changeable copy on theater marquees, billboards and similar signs.
(2)Â
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.Â
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.Â
Construction project signs with a
maximum size of seventy-two (72) square feet.
b.Â
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.Â
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.Â
Political signs subject to the following
restrictions:
(1)Â
Maximum size six (6)
square feet in Districts "R-1," "R-1A," "R-1B, "R-1C," "R-2," "R-3"
and "R-4."
(2)Â
Maximum size sixteen
(16) square feet in agricultural, commercial and industrial areas.
(3)Â
Shall be placed back
of the property line.
(4)Â
It shall be the responsibility
of the property owner who gives permission for the use of his or her
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)Â
There shall be no political
signs on any public utility pole, fence post, fences, trees or sides
of buildings.
e.Â
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.Â
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.Â
Signs inside buildings, inside windows
or painted on windows or on glass portions of doors of buildings.
3.Â
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.Â
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.Â
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 or she 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.Â
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.Â
Additional Regulations.
1.Â
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.Â
Prohibited Signs.
a.Â
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.Â
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.Â
It shall be unlawful for any person
to display upon any sign or other advertising structure any obscene,
indecent or immoral matter.
d.Â
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.Â
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.Â
Engineering Design And Materials.
a.Â
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.Â
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.Â
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 sight distance triangle at any driveway or intersection. See Section 400.220(C).
d.Â
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.Â
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.Â
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.Â
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.Â
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)Â
Projecting Signs.
(a)Â
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)Â
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)Â
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)Â
All Roof Signs.
(a)Â
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)Â
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)Â
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)Â
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)Â
Detached signs shall
be supported with a maximum of two (2) poles, uprights or supports.
F.Â
Temporary Signs. Temporary signs may be
permitted for special events, new ownership, grand openings for business
or organizational use, special events, including sales.
1.Â
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.Â
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.Â
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.Â
Construction. Construction of temporary
signs shall meet the same engineering design and materials standards
as for permanent signs.
5.Â
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.Â
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) through (e), except as specifically otherwise provided elsewhere in this Section.
7.Â
Off-premises 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.Â
Off-premises temporary signs must
have directions to the business or an arrow pointing the way to their
business.
9.Â
A permit fee of fifty dollars ($50.00)
is required for off-premises temporary signs and a fifty dollar ($50.00)
refundable deposit.
10.Â
Sales and special events to permit
businesses that would like to advertise an upcoming special event
or sale.
a.Â
May be a sign or banner but not to
exceed four (4) feet by eight (8) feet.
b.Â
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.Â
Must have written consent from the
property owner where the sign or banner is to be placed.
d.Â
Pay a permit fee of ten dollars ($10.00).
G.Â
Appeals. Appeals to Sections of this Chapter
for interpretation of engineering or structural standards shall be
to the Board of Adjustment.
[R.O. 1996 § 400.310]
For Flood Hazard Prevention, see Chapter 415 of this Code.
[R.O. 1996 § 400.315; Ord. No. 1084 § 380, 3-10-1997]
A.Â
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.Â
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.
C.Â
In considering the project, the Planning
and Zoning Commission shall in no case authorize a use prohibited
in the district in which the housing project is to be located, except
that buildings for administration and maintenance of the project may
be included; nor a building height in excess of that permitted. The
minimum distance between a building and a street line shall comply
with the front yard requirement of the district. No point of any building
shall be nearer than twenty (20) feet to an adjacent building, except
that ten (10) feet minimum clearance will be permitted where there
is a corner to corner relationship nor more than twenty-five (25)
feet from any boundary line of the project. The Board may require
such additional restrictions and safeguards as they deem necessary
to fulfill the purpose and intent of the Zoning Ordinance.
D.Â
Ample open space shall be provided for
recreational space, outdoor drying yards, arrangement of lawns and
planting, etc., in addition to that required for off-street parking.
F.Â
A permit for a group housing project shall
be issued by the zoning authority upon approval of the project by
the Board of Aldermen.
[R.O. 1996 § 400.320; Ord. No. 1084 § 390, 3-10-1997]
A.Â
In interpreting and applying the provisions
of this Chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals or general welfare.
Whenever this Chapter requires greater width or size of yards, courts
or other open spaces or requires a lower height of buildings or a
less number of stories or requires a greater percentage of lot to
be unoccupied or requires a lower density of population or requires
a more restricted use of land or imposes other higher standards than
are required in any other Statute, local order or regulation, private
deed restrictions or private covenants, the regulations made under
authority of this Chapter shall govern.
B.Â
With respect to subdivision plats approved
by ordinance for residential use prior to the adoption of this Chapter,
building permits may be issued and improvements may be constructed
on lots within the platted subdivision, although said lots and the
subdivision plat thereof do not comply with the lot area per family
requirements of this Chapter, provided the platted lots comply with
the lot area per family requirements in effect at the time of ordinance
approval and, provided further, that the development of the lots comply
with all other provisions of the present zoning classification.
[R.O. 1996 § 400.330; Ord. No. 1084 § 400, 3-10-1997; Ord. No. 1644 § 1, 5-10-2004]
A.Â
The regulations, restrictions and boundaries
contained in this Chapter may from time to time be amended, supplemented,
changed, modified or repealed by the Board of Aldermen, either on
its own motion or on application or petition therefor by the owner,
in writing, filed with said Board of Aldermen. The application shall
be signed by the landowner or an authorized representative of the
landowner. A signature by a representative must be accompanied by
a notarized statement verifying the authority of the representative
to sign for the owner. Said application or petition shall be accompanied
by a plat or map drawn to a scale of not less than two hundred (200)
feet to the inch showing the land in question, its location, the length
and location of each boundary thereof, the location of property within
three hundred (300) feet of such land, and 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 or the Board of Aldermen, that are necessary
and incident to the processing of the application shall be billed
to the applicant or petitioner. Before taking any action upon any
proposed amendment, supplementation, change, modification or repeal,
the same shall be referred by the Board of Aldermen to the Planning
and Zoning Commission for report and recommendation. The Planning
and Zoning Commission shall then hold public hearing upon said application
or petition, after public notice thereof, duly published according
to law as provided in Chapter 89, RSMo. After public hearing is held,
the Planning and Zoning Commission shall thereupon make its final
report to the Board of Aldermen of this City, either favorably or
unfavorably recommending said application or petition, which recommendation
shall be filed with the City Clerk. Thereupon the Board of Aldermen
shall hold public hearing thereon, after public notice thereof, duly
published according to law as provided in Chapter 89, Revised Statutes
of the State of Missouri, and at or after such public hearing, said
Board of Aldermen may then approve any such application or petition
by ordinance amending, supplementing, changing, modifying or repealing,
as may be required in the premises. In case, however, of a protest
against such change, including a change in land use, duly signed and
acknowledged by owners of thirty percent (30%) or more, either of
the areas of land (exclusive of streets and alleys) included in such
proposed change or within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distant from the boundaries
of the district proposed to be changed, such amendment shall not become
effective except by the favorable vote of two-thirds (2/3) by all
the members of the Board of Aldermen of the City.
B.Â
The Planning and Zoning Commission may
recommend and/or the Board of Aldermen may adopt a change in zoning
which is a lesser change than the one requested, provided that the
more restrictive district is in the same residential, commercial or
industrial grouping as the district for which the change was requested.
In no case may a change to a residential district be approved if the
application is for a commercial or industrial district, and in no
case may a commercial district be approved if application is for an
industrial district. Applications for District "A" may not be changed
to another category unless a new application is filed. A planned district
shall be equally restrictive as its equivalent district. Provided,
the Board of Aldermen may refer any such application back to the Planning
and Zoning Commission for further consideration if, in its judgment,
it deems such referral advisable and in the best interest of the public
and the applicant.
C.Â
Upon request from the Planning and Zoning
Official, Planning and Zoning Commission or Board of Aldermen, a "letter
of intended use" must be provided by the applicant. The letter of
intended use shall describe the use the applicant plans for the parcel
after an approved zoning change and shall be considered binding.
[R.O. 1996 § 400.335; Ord. No. 1616, 12-8-2003]
A.Â
Purpose. Changes to the Grain Valley Future
Land Use Map may be necessary from time to time to reflect changing
neighborhoods and social demands. This process provides the method
for making those changes.
B.Â
Submission.
1.Â
Preapplication Meeting. Before an
application to amend the Future Land Use Map, the applicant should
schedule a meeting with the Director of Community Development to discuss
the amendment process. All map amendments shall be required to be
submitted in conjunction with rezoning applications.
2.Â
Information. A Future Land Use Map
amendment application shall include the following information:
a.Â
A scaled map of the property clearly
showing the property's location and surrounding ownerships. The applicant
will provide fifteen (15) copies of each map with a sheet size of
twenty-four (24) by thirty-six (36) inches or thirty (30) by forty-two
(42) inches and one (1) copy of each map in a sheet size of eight
and one-half (8.5) by eleven (11) inches.
b.Â
The area of the property in square
feet and/or acres.
c.Â
The name, address, telephone and
cell phone numbers of the applicant and the property owner.
d.Â
An affidavit from the property owner
stating that the applicant, if different from the property owner,
has permission to make this application.
e.Â
A description of the present use
of the property, the existing Future Land Use Map classification,
existing zoning and the same information for all surrounding properties.
f.Â
A description of the proposed use
of the property.
g.Â
Identification of the requested classification.
h.Â
A description of existing roads,
utilities and infrastructure available to the property.
i.Â
A summary of the proposed amendment
for inclusion in the mailed notice.
3.Â
Completeness. Within ten (10) business
days of submission, the Director of Community Development shall review
the application to ensure that it is complete. Complete applications
will be scheduled for hearing before the Planning Commission. Incomplete
applications will be returned to the applicant.
C.Â
Review.
1.Â
Public Hearing. The Planning Commission
shall hold a public hearing to consider changes to the Future Land
Use Map.
2.Â
Criteria For Review. In determining
whether the proposed amendment shall be approved, the Planning Commission
shall consider the following factors:
a.Â
Whether events subsequent to the
Comprehensive Plan adoption have changed the character and/or condition
of the area so as to make the application acceptable;
b.Â
Whether the change is consistent
with the goals and policies of the plan;
c.Â
Whether public and community facilities,
such as utilities, sanitary and storm sewers, water, Police and fire
protection, parks and recreation facilities and roads, are adequate
to serve development for the type and scope suggested by the proposed
land use. If services and utilities are not available, whether they
can be reasonably extended, the cost of extension, and who will bear
those costs; and
d.Â
The impacts of the potential costs
and benefits derived by the community or area by the proposed change.
3.Â
Decision. Following the hearing,
the Planning Commission shall approve or deny the application.
4.Â
Review. Following a determination
by the Planning Commission, the application shall be forwarded to
the Board of Aldermen for review at their next regularly scheduled
meeting. The Board of Aldermen may overturn the decision of the Planning
Commission only through a two-thirds (2/3) vote of the members present,
provided there is quorum.
5.Â
Updating The Map. If the Future Land
Use Map is amended, the Board of Aldermen shall instruct the Director
of Community Development to prepare an updated map reflecting such
changes with a note in the legend describing the date of the change
and the previous land use classification. Copies of the new map shall
be distributed to members of the Planning Commission and the Board
of Aldermen prior to their next regularly scheduled meeting.
[R.O. 1996 § 400.340; Ord. No. 1084 § 410, 3-10-1997]
Whenever any application or petition presented under Section 400.330 has been finally acted upon by the Board of Aldermen under the provisions of this Chapter, and the decision of the Board of Aldermen has been adverse to the applicant, the Planning Officer, Planning and Zoning Commission or the Board of Aldermen shall not, for a period of six (6) months from the date of the Board of Aldermen decision, receive or entertain any identical or similar application seeking the same or similar relief as requested for in the application first denied.
[R.O. 1996 § 400.350; Ord. No. 1084 § 420, 3-10-1997]
Whenever any land shall be annexed
to the municipality after the adoption of this Chapter, said land
so annexed shall automatically be subject to the provisions of the
Chapter and shall be classified as District "A" until the zoning authority
of the municipality has had reasonable opportunity to classify it
properly after its annexation. Land annexed which has had zoning from
any other political subdivision shall retain comparable zoning unless
public hearings are held after annexation to rezone the land.
[R.O. 1996 § 400.360; Ord. No. 1084 § 430, 3-10-1997; Ord. No. 2479, 10-28-2019]
There is hereby created a Board of
Adjustment for the City of Grain Valley, Missouri. The Board of Adjustment
shall consist of five (5) members, who shall be citizens of the City.
Members shall be appointed by the Mayor and approved by the Board
of Aldermen for terms of five (5) years each. All members shall be
removable for cause by the appointing authority upon written charges
and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. The Board shall elect
its own Chairman, who shall serve for one (1) year. The Board shall
adopt its own rules of procedure not inconsistent with this Chapter.
Meetings of the Board shall be held at the call of the Chairman and
at such other times as the Board may determine. Such Chairman or,
in his/her absence, the Acting Chairman may administer oaths and compel
the attendance of witnesses. All meetings of the Board shall be open
to the public. The Board shall keep minutes of its proceedings showing
the vote of each member upon question or, if absent or failing to
vote, indicating such fact and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the City Clerk and shall be a public record.
[R.O. 1996 § 400.370; Ord. No. 1084 § 440, 3-10-1997]
A.Â
The Board of Adjustment shall have the
following powers:
1.Â
To hear and decide appeals where
it is alleged there is error in any order, requirement, decision or
determination made by an administrative official in the enforcement
of these Sections or of any ordinance adopted pursuant thereto.
2.Â
To hear and decide all matters referred
to it or upon which it is required to pass under such ordinance.
3.Â
In passing upon appeals, where there
are practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of such ordinance, to vary or modify the application
of any of the regulations or provisions of such ordinance relating
to the use, construction or alteration of buildings or structures
or the use of land so that the spirit of the ordinance shall be observed,
public safety and welfare secured and substantial justice done.
4.Â
In exercising the above-mentioned
powers, such Board may, in conformity with the provisions of this
Chapter, reverse or affirm wholly or partly or may modify the order,
requirement, decision or determination appealed from and may make
such order, requirement, decision or determination as ought to be
made and to that end shall have all the powers of the officer from
whom the appeal is taken. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official or to
decide in favor of the application on any matter upon which it is
required to pass under any such ordinance or to effect any variation
in such ordinance.
B.Â
Applicant must show the following:
1.Â
The variance requested arises from
a condition which is unique and peculiar to the property in question
and which is not prevalent in the neighborhood and ordinarily not
found in the same zone or district and, further, is not created by
an action or actions of the property owner or applicant.
2.Â
The granting of the variance will
not adversely affect the rights of adjacent property owners or residents.
3.Â
The strict application of the provisions
of the regulations complained of will constitute unnecessary hardship
to the applicant.
4.Â
The variance requested will not adversely
affect the public health, safety, morals or general welfare of the
community.
5.Â
The granting of the variance will
not be opposed to the general spirit and intent of the ordinance from
which the variance is sought.
C.Â
Granting Variances.
1.Â
In granting a variance, the Board
may impose such conditions, safeguards and restrictions upon the premises
benefited by the variance as may be necessary to reduce or minimize
any potentially injurious effect of such variance upon other property
in the neighborhood and to carry out the general purpose and intent
of these regulations.
2.Â
The Board may require the variance
to be recorded with the County Recorder of Deeds to be effective.
3.Â
The Board may require a performance
bond to guarantee the installation of improvements such as parking
lot surfaces, landscaping, etc. The amount of the bond shall be based
on a general estimate of cost for the improvements as determined and
shall be enforceable by or payable to the City in the sum equal to
the cost of constructing the required improvements.
4.Â
In place of a performance bond, the
Board may set the effective date for such variance as subsequent to
completion of such conditions, safeguards and restrictions. In lieu
of the performance bond or delayed effective date, the Board may specify
a time limit for completion of such required improvements and in the
event the improvements are not completed within the specified time,
the Board may, at a regularly scheduled meeting and after notice to
applicant, revoke the granting variance.
[R.O. 1996 § 400.380; Ord. No. 1084 § 450, 3-10-1997]
Appeals to the Board of Adjustment
may be taken by any person aggrieved, by any neighborhood organization
as defined in Section 32.105, RSMo., representing such person, or
by an officer, department, board or bureau of the municipality affected
by any decision of the administrative officer. Such appeal shall be
taken within a reasonable time, as provided by the rules of the Board,
by filing with the officer from whom the appeal is taken and with
the Board of Adjustment a notice of appeal specifying the grounds
thereof. Said application or petition shall be accompanied by 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 Board of Adjustment that are necessary and incident to the
processing of the application, shall be billed to the applicant or
petitioner. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record which
the action appealed from was taken. An appeal stays all proceedings
in furtherance of the action appealed from, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment, after
the notice of appeal shall have been filed with him or her, that by
reason of facts stated in the certificate a stay would, in his or
her opinion, cause immediate peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Board of Adjustment or by a court of record
on application or notice to the officer from whom the appeal is taken
and on due cause shown. The Board of Adjustment shall fix a reasonable
time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon hearing, any party may appear in person
or by agent or by attorney.
[R.O. 1996 § 400.390; Ord. No. 1084 § 460, 3-10-1997]
Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the Circuit Court of Jackson County, Missouri, a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearings, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. All issues in any proceedings under Sections 400.330 and 400.380 of this Chapter shall have preference over all other civil actions and proceedings.
[R.O. 1996 § 400.400; Ord. No. 1084 § 470, 3-10-1997]
A.Â
In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained, or any
building, structure or land is used in violation of Sections 89.010
to 89.140, RSMo., or of any ordinance or other regulation made under
authority conferred hereby, or in case of any violation of Sections
89.300 to 89.490, RSMo., or of any ordinance or other regulation made
under authority conferred thereby, the proper local authorities of
the municipality, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct, or abate such violation, to prevent
the occupancy of such building, structure, or land, or to prevent
any illegal act, conduct, business, or use in or about such premises.
Such regulations shall be enforced by an officer empowered to cause
any building, structure, place or premises to be inspected and examined
and to order, in writing, the remedying of any condition found to
exist therein or thereat in violation of any provision of the regulations
made pursuant to the authority of Sections 89.010 to 89.140 and Sections
89.300 to 89.490, RSMo.
B.Â
The owner or general agent of a building
or premises where a violation of any provision of said regulations
has been committed or shall exist, or the lessee or tenant of an entire
building or entire premises where such violation has been committed
or shall exist, or the owner, general agent, lessee or tenant of any
part of the building or premises in which such violation has been
committed or shall exist, or the general agent, architect, builder,
contractor or any other person who commits, takes part or assists
in any such violation or who maintains any building or premises in
which any such violation shall exist shall be guilty of an ordinance
violation punishable as follows:
1.Â
The maximum fine and court costs that can be imposed for such violation
shall be:
a.Â
For the first violation within any twelve-month period of time: two
hundred dollars ($200.00).
b.Â
For the second violation within any twelve-month period of time:
two hundred seventy-five dollars ($275.00).
c.Â
For the third violation within any twelve-month period of time: three
hundred fifty dollars ($350.00).
d.Â
For the fourth and any subsequent violation within any twelve-month
period of time: four hundred fifty dollars ($450.00).
2.Â
Court costs shall be assessed against such person unless the court
finds that the defendant is indigent.
C.Â
Any such person who having been served
with an order to remove any such violation shall fail to comply with
such order within ten (10) days after such service or shall continue
to violate any provision of the regulations made under authority of
Sections 89.010 to 89.140, RSMo., in the respect named in such order
shall also be subject to a civil penalty of two hundred fifty dollars
($250.00).
[R.O. 1996 § 400.410; Ord. No. 1084 § 480, 3-10-1997]
The office of the zoning authority
is hereby established. The authority shall be an officer or officers
designated by the Board of Aldermen. It shall be the duty of the zoning
authority to enforce the provisions of the ordinance. No building
or other structure shall be erected, constructed, reconstructed, moved,
enlarged or altered or repaired in such manner as to prolong the life
of the building, nor shall the use of any land be changed without
first obtaining a permit issued by such authority under the provisions
of the ordinance, except that no permit shall be required for ordinary
repairs on conforming use structures. Such permit shall be issued
only when the request therefor is in conformity with the zoning regulations.
Such enforcement officer shall act as the executive secretary of the
Planning and Zoning Commission and is charged with the administration
and enforcement of zoning regulations. Such officer shall forthwith
refer all violations of said regulations to the City Prosecuting Attorney
for appropriate action.
[R.O. 1996 § 400.420; Ord. No. 1084 § 490, 3-10-1997]
Streets, alleys, cemeteries, land,
buildings or premises owned, rented or leased by the City are exempt
from provisions of this Chapter while occupied or employed for public
purposes in municipal rights, obligations or pursuits, but such City
land or property as may be released by rental or otherwise to private
individuals or corporations must comply with applicable zoning regulations.
[R.O. 1996 § 400.430; Ord. No. 1084 § 500, 3-10-1997]
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.
[R.O. 1996 § 400.440; Ord. No. 1084 § 510, 3-10-1997]
All ordinances or parts of ordinances
in conflict with any of the provisions of this Chapter are hereby
repealed insofar as the same are in conflict with the provisions hereof.
[R.O. 1996 § 400.450; Ord. No. 1084 § 520, 3-10-1997]
All rights or remedies are expressly
saved as to any and all violations of any previous zoning ordinance
or amendments thereto that have accrued at the time of the effective
date of this Chapter; and as to such accrued violations the court
shall have all the powers that existed prior to the effective date
of this Chapter; and that all existing violations of previous zoning
ordinances, which would otherwise become non-conforming uses under
this Chapter, shall not become legal non-conforming uses under this
Chapter, but shall be considered as violations of this Chapter in
the same manner that they were violations of prior Zoning Ordinances
of the City.
[R.O. 1996 § 400.460; Ord. No. 1906 § 1, 6-25-2007; Ord. No. 2167 § 1, 8-22-2011]
A.Â
Purpose. The Downtown Overlay District
seeks to maintain the Main Street corridor as a thoroughfare, while
promoting economic development and compatible land uses that foster
Grain Valley's sense of a central downtown and encourages the area
to serve as the social and cultural center of Grain Valley.
The overlay district (also known
as the "Downtown Overlay District") is composed of a transition zone
serving more auto-orientated uses, and the downtown area serving pedestrian-orientated
uses. The standards set forth shall apply for the entire overlay district,
unless expressly referring to the transition zone.
The requirements of the overlay district
are in addition to any zoning regulations for current and future non-residential
uses existing in the geographically defined area of downtown Grain
Valley.
B.Â
Review Process. Site plan review by the
Planning Commission shall be required prior to approval of a building
permit.
C.Â
Geographical Area. The Downtown Overlay
District is defined in green and red by the following Main Street
corridor map. The northern portion of the transition zone extends
from Woodbury to the north to Yennie/James Rollo to the south and
the southern portion generally extends from SW Eagles Parkway to the
north to SW Rock Creek Lane to the south. The downtown district extends
generally along Main Street from Yennie/James Rollo to SW Eagles Parkway
to the south, between Gregg Street to the west and Cypress Street
to the East.
 |
D.Â
Effective Date. The standards outlined
in Grain Valley's Downtown Overlay District will apply to all newly
constructed commercial or mixed-use buildings or all new or reconstructed
parking areas with five (5) or more spaces.
In accordance with Section 400.270, any building, parking area or sign that lawfully exists on the date this overlay district is enacted, which would not otherwise be permitted under this overlay district, may be continued as legal non-conforming in the same manner as existed before the effective date of the overlay district.
E.Â
Permitted Uses And Accessory Use.
[Ord. No. 2358 § 1, 4-13-2015]
1.Â
Objective. To develop a downtown
identity for the Main Street corridor that is unique to Grain Valley,
to have compatibility between adjacent, desirable land uses and to
avoid undesirable impacts (i.e., traffic conflicts).
F.Â
Site Development And Building Design.
[Ord. No. 2358 § 1, 4-13-2015]
1.Â
Objective. New development or redevelopment
will promote Grain Valley's character, including building articulation
and nodal elements of a centralized community built along street corridors.
Downtown Grain Valley will promote continuity of appearance, pedestrian
scale and friendliness. Sites and buildings will be compatible in
size, mass and exterior to adjacent, desirable and compatible uses.
See Appendix A[1] for visual preference materials.
a.Â
Site Development. Each commercial
site in the overlay district shall be subject to the following site
development regulations. All elements of the site plan and building
design must be approved.
b.Â
Downtown.
(1)Â
Lot Size. Minimum lot
area, ten thousand (10,000) square feet.
(2)Â
Lot Width. Minimum lot
width, fifty (50) feet.
(3)Â
Height. No higher than
two (2) stories above adjacent building, four (4) stories maximum.
(4)Â
Front Yard. Maximum
of three (3) feet from right-of-way line.
Exceptions:
(a)Â
Additional setback is
used for pedestrian amenities (outdoor seating, benches, etc.).
(b)Â
Additional setbacks
allowed for corner entrances of buildings at intersections.
(c)Â
Corner lots are required
to have a setback on the building corners to allow a clear sight triangle
to allow for intersection visibility.
(5)Â
Side Yard. None.
(6)Â
Rear Yard. No minimum
or maximum.
(7)Â
Floor Area Ratio. Maximum
floor area ratio, 0.8 to 1.
(8)Â
Impervious Coverage.
Maximum coverage, eighty percent (80%).
(9)Â
Sidewalks and decorative
lighting shall be incorporated into the site design as per approved
design standards.
c.Â
Transition Zone.
(1)Â
Lot Size. Minimum lot
area, fifteen thousand (15,000) square feet.
(2)Â
Lot Width. Minimum lot
width, one hundred (100) feet.
(3)Â
Height. Maximum height,
four (4) stories.
(4)Â
Front Yard. Minimum
required setback, three (3) feet.
(5)Â
Side Yard. No minimum
side yard required except when abutting a residential district, where
a ten (10) foot setback is required.
(6)Â
Rear Yard. Twenty (20)
feet.
(7)Â
Floor Area Ratio. Maximum
floor area ratio, 0.8 to 1.
(8)Â
Impervious Coverage.
Maximum coverage, eighty percent (80%).
(9)Â
Sidewalks and decorative
lighting shall be incorporated into the site design as per approved
design standards.
[1]
Editor's Note: Appendix A is included as an attachment to
this Chapter.
G.Â
Parking Regulations.
1.Â
Objective. To ensure that parking
does not appear as the dominant element in downtown Grain Valley,
is designed in keeping with the Main Street corridor and adjacent
neighborhoods plan, and to provide safe, convenient access to and
within sites without diminishing quality pedestrian walking or visual
experiences.
2.Â
Standards. The downtown overlay district will be subject to Section 400.290, Off-Street Parking And Loading Regulations, with the additional following regulations, except that Subsection (G)(2)(a) and (b) below shall not apply to the Transition Zone or to that portion of the Downtown Zone which lies south of Harris Street.
[Ord. No. 2401, 11-14-2022]
a.Â
Parking shall not be located between
a building and the street. Exceptions may be made for one (1) row
of on-street parallel parking.
b.Â
Parking shall be either to the side
of a building or to the rear. Parking lots shall not be located at
intersections.
c.Â
Restricting vehicular and pedestrian
access between adjoining parking lots at the same grade is prohibited.
d.Â
Vehicle entrances to parking lots
are encouraged to be placed along side streets.
e.Â
Curb cuts shall be no wider than
thirty-six (36) feet.
f.Â
Parking lots shall not be placed
so as to create a "missing tooth" effect in a block face along Main
Street.
g.Â
Shared parking may be allowed if
the applicant prepares a study following the procedures of the Urban
Land Institute Shared Parking Report, ITE Shared Parking Guidelines
or other approved procedures.
h.Â
A formal parking study may be waived
for small developments where there is established experience with
the land use mix and its impact is expected to be minimal.
i.Â
Payment In-Lieu-Of Parking. In lieu
of providing the required parking spaces, a developer may pay the
City a sum of money equal to the cost of a surface parking stall,
that is the product of the number of parking spaces required but not
provided.
(1)Â
The funds collected
by the City will be used by the City to acquire and/or develop on-street
or off-street parking and related facilities which are determined
by the Board of Aldermen to alleviate the need for parking spaces
in the downtown area.
(2)Â
The cost of a surface
parking stall shall be established by the City and subject to review
on a yearly basis.
H.Â
Landscape Requirements. Each development
in the overlay district shall have an approved landscape plan.
I.Â
Signs. This sign Section supplements Section 400.300 and provides additional standards for signs within the Downtown Overlay District. At no time shall signs in the Downtown Overlay District be held to lower standards than identified in Section 400.300.
[Ord. No. 2358 § 1, 4-13-2015]
1.Â
Objective. Signs should be architecturally
compatible with the style, composition, materials, colors and details
of the building and with other signs on nearby, desirable buildings,
while providing for adequate identification of the business.
2.Â
Standards.
a.Â
Signs constructed of natural materials
such as stone or wood are preferred.
b.Â
Symbolic and historic three-dimensional
signs such as barbershop poles and appropriately-sized projecting
signs are encouraged.
c.Â
Permanently painted window signage
is encouraged if compatible with the architecture of the building.
Painted window signs should not consume more than one-third (1/3)
of the glazed area of the window.
d.Â
Neon signs are permitted in display
windows if not covering more than one-third (1/3) of the window surface
area, not to exceed two (2) neon signs and a total combined area of
five (5) square feet.
e.Â
Pole and/or pylon signage is prohibited
in the Downtown Overlay District.
f.Â
Projecting signs must be no greater
than twelve (12) square feet and have a maximum width of three (3)
feet and cannot extend higher than sixteen (16) feet from the ground
beyond the second floor of the building.
g.Â
No less than ten (10) feet of clearance
shall be provided between the sidewalk elevation and the lowest point
of the projecting signs.
h.Â
Maximum distance between sign and
building face is one (1) foot.
[R.O. 1996 § 400.470; Ord. No. 2479, 10-28-2019]
There is hereby created a Planning
and Zoning Commission for the City of Grain Valley, Missouri. The
Planning and Zoning Commission shall consist of seven (7) voting members.
In addition, a member of the Board of Aldermen shall serve as a non-voting
liaison. All members of the Planning and Zoning Commission shall be
citizens of the City. Members shall be appointed by the Mayor and
approved by the Board of Aldermen. The term of each citizen member
shall be for four (4) years, except that the terms of the citizen
members first appointed shall be for varying periods so that succeeding
terms shall be staggered. All members shall be removable for cause
by the Board of Aldermen upon written cause and after a public hearing.
The Commission may adopt its own rules of procedure not inconsistent
with this Chapter.
[R.O. 1996 § 400.480; Ord. No. 2479, 10-28-2019]
A.Â
Vacancies shall be filled as quickly as
possible by appointment by the Mayor with approval by the Board of
Aldermen for the unexpired term of any member whose term becomes vacant.
B.Â
At the first regular meeting following
January 1 of each year, the Commission shall elect a Chairperson and
Secretary from among the members. The terms of the Chairperson and
Secretary shall be for one (1) year with eligibility for reelection.
The Commission may also elect for a term of one (1) year a Vice Chairperson
who shall serve in the absence or disqualification of the Chairperson.
C.Â
The Commission shall hold at least one
(1) regular meeting each month. The Commission may hold special meetings
as necessary. A quorum of four (4) members shall be required for a
meeting to be held. All meetings of the Commission shall be open to
the public. Decisions on all issues brought before the Commission
shall require a majority vote of those members present at the meeting.
The Secretary, or their designee, shall keep minutes of the proceedings,
including the vote of each member upon question or, if absent or failing
to vote, indicating such fact and all other official actions, all
of which shall be immediately filed in the office of the City Clerk
and shall be a public record.
D.Â
All citizen members of the Commission shall
serve without compensation.
[R.O. 1996 § 400.490; Ord. No. 2479, 10-28-2019]
A.Â
The Planning and Zoning Commission shall
have the following powers and duties:
1.Â
Make recommendations to the Board
of Aldermen on all proposed zoning text amendments and rezoning of
property, including conditional use permits;
2.Â
Make recommendations to the Board
of Aldermen on all proposed subdivisions of land;
3.Â
Make recommendations to the Board
of Aldermen on plans and infrastructure improvement programs, including
the financing thereof;
4.Â
Adopt and amend the City's Comprehensive
Plan; and
5.Â
Perform all other functions pursuant
to State law.
[R.O. 1996 § 400.500; Ord. No. 2480, 10-28-2019]
A.Â
Whenever any person desires to vacate any
right-of-way, including, but not limited to, streets, avenues, alleys
(collectively the "right-of-way"), they may submit an application
for such vacation to the Community Development Director in a form
established by the City, along with a non-refundable fee established
by the City. The application for vacation of right-of-way must be
signed by at least seventy-five percent (75%) of the owners of lands
adjacent on both sides of the right-of-way proposed to be vacated.
The application shall be accompanied by:
1.Â
A legal description and survey or
such other drawing acceptable to the Community Development Director
depicting the right-of-way proposed to be vacated and the properties
adjacent to the right-of-way;
2.Â
Filing fee; and
3.Â
Completed utility comment forms of
all utility companies given the right to locate utilities in the right-of-way
(the application, including the accompanying documents, is referred
to as the "completed application").
[R.O. 1996 § 400.510; Ord. No. 2480, 10-28-2019]
A.Â
Public Hearing Required.
1.Â
The Planning and Zoning Commission
shall hold a public hearing to consider the completed application
to vacate right-of-way. Notice of the public hearing shall be given:
a.Â
By publication in an official paper
or a paper of general circulation in the City; and
b.Â
Mailed by United States Mail, first
class, to property owners within one hundred eighty-five (185) feet
of the right-of-way to be vacated, at least fifteen (15) days prior
to the day of the public hearing.
2.Â
The public hearing notice shall contain
the date, time, place, and general description of the purpose of the
hearing.
B.Â
Planning And Zoning Commission Hearing.
The Planning and Zoning Commission shall hold a public hearing to
review the completed application and consider all relevant testimony.
The Planning and Zoning Commission shall determine if the proposed
vacation is in the public interest and that no private rights will
be unreasonably injured or endangered and the public will suffer no
unreasonable loss or inconvenience thereby. Upon conclusion of the
public hearing, the Planning and Zoning Commission shall recommend
that the vacation be approved, approved with conditions, disapproved
or forwarded to the Board of Aldermen without recommendation.
C.Â
Review and Action by the Board of Aldermen.
1.Â
Upon receiving the Planning and Zoning
Commission's recommendation (or no recommendation) the Board of Aldermen
shall review the vacation, recommendation of staff and the Planning
and Zoning Commission, and determine:
2.Â
All applications to vacate a right-of-way
shall be approved by ordinance. Following the approval of such ordinance
by the Board of Aldermen, the City Clerk shall submit a certified
copy of the ordinance to the Jackson County Recorder of Deeds for
recording.
D.Â
Reservation Of Easements. In vacating any
right-of-way, the City may require easements to be provided when deemed
necessary for the public good or welfare.
E.Â
Reversion Of Land Vacated. Rights-of-way
which have been vacated shall revert to the owners of the adjacent
properties in the same proportion as it was taken from them. Once
the right-of-way reverts to the adjacent landowners, the City shall
have no obligations to maintain the right-of-way unless the City reserves
an easement. If the City reserves an easement, the easement document
will control in regard to the duties and obligations that the City
has in regard to the easement area.
F.Â
Objection To Vacation. If, either at the
time of or prior to the Board of Aldermen's consideration of the completed
application, a written objection to the application is filed with
the Community Development Director by any owner or owners of adjacent
property who would be a proper party to the application but who has
not joined in the application, the completed application shall not
be approved except upon a two-thirds (2/3) vote of the entire membership
of the Board of Aldermen.
[Ord. No. 2403, 11-28-2022]
A.Â
Permitted in residential districts, when. No-impact home-based businesses
shall be permitted in all residential districts and in accordance
subject to the restrictions and limitations of this Chapter. No other
businesses may be operated in a residence at any time. The term "home
occupation" when used in this Code shall be interpreted to mean home-based
business.
B.Â
GOODS
HOME-BASED BUSINESS
NO-IMPACT BUSINESS
1.Â
2.Â
3.Â
4.Â
5.Â
Definitions. As used in this Chapter, the following terms shall have
the meanings provided below:
Any merchandise, equipment, products, supplies, or materials.
A business operating in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
A home-based business that:
Is engaged in the sale of lawful goods and services; and
Does not cause a substantial increase in traffic through the
residential area; and
The activities of the business are not visible from any public
street; and
Does not use any equipment that produces noise, light, odor,
smoke, gas, or vibrations that can be seen, felt, heard, or smelled
by a person of ordinary senses outside of the property where the business
is located; and
Does not sell any goods or services for which a health inspection
would be required if the business were not located in a residence
unless the owner or tenant provides written consent for the Department
of Health to inspect the business during normal business hours or
at any other time the business is operating.
C.Â
Restrictions And Limitations.
1.Â
A no-impact home-based business must be incidental and subordinate
to the principal residential use of the premises and shall not change
the residential character of the surrounding neighborhood. This provision
shall not be interpreted as allowing an accessory building, accepted
by the usual permitting process for accessory buildings.
2.Â
The owner or operator of the no-impact home-based business must
be an owner or tenant of the residence and must reside at the residence.
3.Â
The owner or operator of the no-impact home-based business may
employ others to work in the no-impact home-based business.
4.Â
The home occupation may be conducted in an existing detached
accessory building that existed at the time this Section was adopted.
A new accessory building shall not be constructed to a house a home
occupation.
5.Â
Outdoor storage of materials or equipment used in the home occupation
shall not be permitted.
6.Â
Alterations to the exterior of the principal residential building
shall not be made which change the character of the residence.
7.Â
One (1) sign, compliant with Section 400.300 of the City's Code, will be allowed. Signs must be properly maintained.
8.Â
The owner or operator must provide adequate parking for the
no-impact home-based business. Parking for the no-impact home-based
business may include the driveway or garage of the residence or a
paved parking area located behind the front plane of the residence.
Adequate parking may also include parking on the street as long as:
a.Â
Parking is limited to the side of the street the no-impact home-based
business is located on, between the lot lines of the residence, if
parking at that location is otherwise lawful.
b.Â
If the owner, operator, family members of the owner or operator,
employees, clients, or customers routinely park in other locations
on the street(s) adjoining the residence, the business shall not be
considered a no-impact home-based business. For the purposes of this
Section, the term "routinely" shall mean more than twice in a given
seven (7) day period.
9.Â
The total number of persons in the home, including residents,
customers, clients, employees, and all others, may not exceed the
maximum occupancy of the residence at any time.
D.Â
Licenses And Permits.
1.Â
No permit shall be required to impact a no-impact home-based
business, however, a business operating in a residence shall be presumed
not to qualify as a no-impact home-based business unless the owner
or tenant provides an affidavit, on a form approved by the City Clerk
stating that the business in question is qualified. No fee shall be
charged for the filing of such an affidavit. The affidavit shall contain
at a minimum, the following:
a.Â
The name of the owner or tenant.
b.Â
The address of the residence.
c.Â
The general nature of the business, including whether the business
is subject to health inspections. If the business is subject to health
inspections, the affidavit must have consent for inspections attached.
d.Â
The maximum occupancy of the residence and a statement that
the maximum occupancy will not be exceeded. It shall be the duty of
the affiant to obtain this number from the Fire Department and provide
proof of the same with his or her affidavit.
e.Â
That the business qualifies as a no-impact home-based business.
f.Â
A statement that the affiant is familiar with the provisions
of this Chapter and will comply with the same.
2.Â
For purposes of ensuring that the business activity is compliant
with State and Federal law and paying applicable taxes, no-impact
home-based businesses and other home occupations shall be required
to have a business license.
[R.O. 1996 § 400.600; Ord. No. 2480, 10-28-2019]
Vacation of utility easements shall
be processed and considered in the same manner as rights-of-way.
