City of Breckenridge Hills, MO Zoning Districts

Foster homes for handicapped children.

Specialized private schools.

Public utility facilities.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Detached single-family dwellings.

[Ord. No. 1263 § 1, 8-21-2017]

Height Limitations For Structures.

No residential structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Any non-residential structure, other than a local public utility facility, shall be limited to a height of sixty (60) feet above the average finished ground elevation at the perimeter of such structure.

Lot Dimensions, Yard, Lot Area And Structure Area Requirements.

"R-1". Each single-family detached dwelling located within the "R-l" Residence District shall be located on a lot having a minimum area of nine thousand (9,000) square feet, a minimum frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each detached single-family unit shall have a minimum floor area of nine hundred (900) square feet on one (1) floor.

"R-1". Two-family dwellings located within the "R-l" Residence District shall be situated on tracts of land providing at least nine thousand (9,000) square feet of lot area, a minimum lot frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each individual dwelling unit shall possess a minimum floor area of seven hundred twenty (720) square feet on one (1) floor.

"R-2". Each detached single-family dwelling located within the "R-2" Residence District shall be located on a lot having a minimum area of seven thousand two hundred (7,200) square feet, a minimum frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each detached single-family unit shall have a minimum floor area of eight hundred (800) square feet on one (1) floor.

"R-2". Two-family dwellings located within the "R-2" Residence District shall be situated on tracts of land providing at least seven thousand two hundred (7,200) square feet of lot area, a minimum lot frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each two-family unit shall possess a minimum floor area of seven hundred twenty (720) square feet on one (1) floor.

"R-3". Each detached single-family dwelling located within the "R-3" Residence District shall be located on a lot having a minimum area of six thousand (6,000) square feet, a minimum lot frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each detached single-family unit shall have a minimum floor area of seven hundred twenty (720) square feet on one (1) floor.

"R-3". Two-family dwellings located within the "R-3" Residence District shall be situated on tracts of land providing at least six thousand (6,000) square feet of lot area per dwelling unit, a minimum lot frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each unit shall possess a minimum floor area of seven hundred twenty (720) square feet on one (1) floor.

"R-3". Multiple-family structures shall be situated on tracts of land providing at least six thousand (6,000) square feet of lot area for each dwelling unit, a minimum frontage of fifty (50) feet, a minimum front yard of thirty (30) feet, a minimum side yard of five (5) feet and a minimum rear yard of fifteen (15) feet or twenty percent (20%) of the lot depth, whichever is greater. Each multiple-family unit shall possess a minimum floor area of six hundred fifty (650) square feet on one (1) floor.

Any lot of record prior to July 21, 1975, which contains less area and/or frontage than required in this Section, may be used as a site for one (1) single-family dwelling together with customary accessory structures and uses; provided however, that the property or lots adjoining the sides of said lot were held in different ownership and all were of record by July 21, 1975.

Churches shall be situated on tracts of land at least one-half (½) acre in area.

Public or private not-for-profit libraries shall be situated on tracts of at least one-half (½) acre in area.

Nursery schools, day nurseries, adult day cares, and kindergartens (separate) shall be situated on tracts of land in a non-residential facility.

[Ord. No. 1170 §2, 6-13-2012]

Hospitals, nursing homes, not-for-profit private clubs, retreats, foster homes for handicapped children and specialized private schools shall be situated or conducted on tracts of land at least one (1) acre in area except as may be clearly indicated otherwise by the context of these regulations.

The City Council, when approving an additional use permit for foster homes for handicapped children, specialized private schools, not-for-profit clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, specialized private schools, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than one (1) acre where the developments and uses contemplated are deemed consistent with good practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the districts; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety and general welfare of Breckenridge Hills; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. However, the minimum tract area for said developments and uses shall not be less than nine thousand (9,000) square feet.

AMERICANS WITH DISABILITIES ACT, or ADA

Parks, playgrounds, local public utility facilities and information and directional signs shall have no minimum lot requirements.

15.

No structure, other than a permitted directional sign, information sign or boundary wall or fence less than six (6) feet in height, shall be erected within any front, side or rear yard except with approval of the City Council.

16.

In the case of corner lots, there shall be a front yard on each street side. No planting or structure, except chain link fences, exceeding thirty-six (36) inches in height may be placed within the triangular area bound by the property lines and a line connecting the two (2) points on the property line thirty (30) feet from the intersection of the property line.

17.

In the case of double frontage lots, there shall be a front yard along each street.

18.

In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets or for a distance of at least five hundred (500) feet in either direction is developed with buildings set back from such street with a variation in setback of no more than six (6) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any building be located closer than twenty (20) feet from the front property line.

19.

Permitted signs shall not be required to be placed on a separate lot if such permitted sign is accessory to the primary use of the lot.

Off-Street Parking And Loading Requirements.

A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit, except for single-family residences located on lots of record possessing a frontage of forty (40) feet or less.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate. For purposes of calculating the number of secondary school pupils to whom this criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

Hospitals shall provide one (1) parking space for each bed in the hospital.

Auditoriums and other places of public assembly shall provide one (1) off-street parking space for every four (4) seats or one (1) parking space for every sixty (60) square feet of floor space for uses without fixed seats.

Public and private not-for-profit libraries shall provide parking areas equal to three (3) times the gross floor area of the library exclusive of auditoriums or meeting place accessory to a library.

All other uses shall provide sufficient parking spaces for employee and visitor automobiles so as to ensure that no such vehicle need be parked on any street, road or driveway.

One (1) paved off-street loading space shall be provided on the premises for each fifteen thousand (15,000) square feet of gross floor area in every non-residential structure. Each such loading space shall measure no less than ten (10) by forty (40) feet and shall have a height clear of obstructions of fourteen (14) feet.

Sign And Lighting Requirements.

Information signs shall not exceed sixteen (16) square feet in outline area per facing.

Directional signs shall not exceed ten (10) square feet in outline area per facing.

Illuminated signs shall only be illuminated by internal, non-intermittent, incandescent or florescent light sources.

No sign shall extend more than fifteen (15) feet above the elevation of the ground.

All signs shall be stationary.

All exterior lighting shall be so arranged to ensure that no direct light will be cast on adjoining streets or properties.

All sources of illumination shall be restricted to a maximum height of twenty-two (22) feet above the elevation of the finished ground adjacent to the structure from which the illumination sources are attached.

Landscape Requirements.

Where a non-residential development is adjacent to a residential land use, a dense planting strip and a six (6) foot high sight-proof fence shall be provided within the required side and rear yards of that non-residential development where they abut said residential lot.

Except for single-family land uses, all outdoor trash areas shall be surrounded by a six (6) foot high sight-proof fence.

Group Homes.

[Ord. No. 1243 §2, 2-22-2016]

Permitted use. Group homes are permitted uses in the "R-1," "R-2," and "R-3" Residence Districts, provided that:

No group home shall be located within one thousand five hundred (1,500) feet of another group home, and

The group home shall comply with all other applicable zoning, exterior appearance, and safety regulations and standards. If, due to the application of this paragraph, a group home for the mentally or physically handicapped is not a permitted use, a person or persons with disabilities or an operator of group homes for persons with disabilities may request reasonable accommodation from the applicable restriction as provided herein.

Purpose. It is the policy of the City to comply with the Fair Housing Act and the Americans with Disabilities Act. This Subsection provides for requests for reasonable accommodation from the City's zoning regulations by or for persons with disabilities as required by such acts.

Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows:

ACTS

Collectively, the Fair Housing Act (or FHA) and the Americans with Disabilities Act (or ADA).

Title II of the Americans with Disabilities Act, 42 U.S.C. §12131, et seq., and its implementing regulations, 28 CFR Part 35.

APPLICANT

A disabled person, or an individual, group, or entity on behalf of one or more disabled persons, making a request for reasonable accommodation pursuant to this Section.

DIRECTOR

The City Clerk or other designee of the Mayor.

DISABLED PERSON

Any person who is a "qualified individual with a disability" under the ADA or who is "handicapped" under the FHA.

FAIR HOUSING ACT

The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq., as may be amended.

Requesting an accommodation.

A request for an accommodation may be made orally or in writing on a form provided by the Director. If made orally, the Director shall assist the applicant in reducing the request to writing on the required form. The request shall contain:

(1)

The current zoning for the property;

(2)

The name, phone number and address of the applicant and the owner of the property, if other than the applicant;

(3)

The nature of the disability that requires the reasonable accommodation. If the individuals expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the Director if, when identified, the prospective residents are not within the range initially described. The Director shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;

(4)

The specific accommodation requested by the applicant, including the number of people who are expected to be availing themselves of the accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether the applicant requires any permit or license from any Federal, State, or local authority to operate, the anticipated impact the accommodation is likely to have on the adjoining properties and area, and any other information that would assist in determining the reasonableness of the accommodation; and

(5)

Whether the accommodation is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.

The Director may require the applicant to provide additional relevant and reasonable information deemed necessary for a complete accommodation application, and the Director may reasonably supplement the application as deemed appropriate.

If the information provided by the applicant to the Director includes medical information of a disabled person, including records indicating the medical condition, diagnosis or medical history, the applicant may, at the time of submitting such information, request that the Director, to the extent allowed by law, treat such medical information as confidential information. The Director shall provide written notice to the applicant of any request for disclosure of confidential medical information. The City will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information.

Determining the reasonableness of an accommodation.

On compilation and reduction to writing of the relevant and reasonable information deemed necessary to process the applicant's request for accommodation, the Director shall make a written recommendation to the Breckenridge Hills Board of Adjustment as to whether the accommodation should be granted. The Director's recommendation shall be made within fifteen (15) days of the date the request is deemed complete.

The Board of Adjustment shall hold a hearing on the request within thirty (30) days of its receipt of the Director's recommendation. At the hearing the applicant may be represented by counsel and may present evidence on his or her behalf. The Director shall also have the right to be heard, as shall any intervening party claiming to have an interest affected by the application.

Testimony presented at the hearing shall be sworn, and rules of evidence shall be followed. All proceedings before the board shall be recorded. The applicant shall have the right to request reasonable accommodation in the hearing process.

The Board of Adjustment shall have the right to require or, upon application of either party to the proceedings, shall require, the attendance of any City employee or officer and shall have the right to order the production of any City records relating to the to the accommodation request. The board may request additional relevant and reasonable information deemed necessary for its complete consideration of the accommodation request and may continue the hearing, for a period not to exceed thirty (30) days, for the purpose of receiving such information.

At the conclusion of the hearing, and after consideration of the evidence before it, the board shall either grant the accommodation as requested, grant the accommodation as modified, or deny the accommodation. The board's determination shall be in writing and shall include the following minimum findings, in addition to any other findings or conclusions deemed relevant by the board:

(1)

Whether the requested accommodation is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling;

(2)

Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and

(3)

Whether the requested accommodation would impose undue financial or administrative burdens on the City.

A request for accommodation shall not be denied for any reason that violates the Acts. The board is not obligated to grant any accommodation request unless so required by the Acts or by applicable Missouri law.

All findings and determinations of the board shall be made upon the affirmative vote of four (4) members and shall be final. The notice of determination shall be sent to the applicant and any other party by certified mail, return receipt requested, and by regular mail.

The board's written determination shall give notice of the right to appeal. Any aggrieved party, within thirty (30) days of receipt of the board's determination, may appeal to the St. Louis County Circuit Court pursuant to Section 89.110 of the Revised Statutes of Missouri or may pursue such other judicial review as may be allowed by law.

Miscellaneous.

The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section. Nothing in this Section obligates the City to pay an applicant's attorney fees or costs.

While an application for reasonable accommodation or appeal of a denial of said application is pending, the City will not enforce the subject regulation against the applicant.

The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.

Section 405.200 "R-4" Residence District Regulations.

[CC 1996 §410.030; CC 1981 §410.040; Ord. No. 379 §27.10, 7-21-1975]

This Section contains the district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional regulations which appear elsewhere in this Chapter.

Permitted Uses And Developments.

Any use permitted by right in the "R-l", "R-2" or "R-3" Residence District.

Two-family dwellings.

Multiple-family dwellings.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Additional Land Uses And Developments. Additional land uses and developments approved by the City Council under conditions and requirements specified in Section 405.420 of this Chapter:

Any additional land use or development permitted in the "R-1", "R-2" or "R-3" Residence District, except two-family and multiple-family dwellings which are permitted by right in this district.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Height Limitations For Structures.

No residential structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

Lot Dimensions, Yard, Lot Area And Structure Area Requirements.

Detached single-family dwellings shall be located on a lot having a minimum area of six thousand (6,000) square feet, a minimum frontage of sixty (60) feet, a minimum front yard of thirty (30) feet, a minimum side yard of ten (10) feet and a minimum rear yard of fifteen (15) feet or twenty-five percent (25%) of the lot depth, whichever is greater. Each unit shall possess a minimum floor area of six hundred fifty (650) square feet on one (1) floor.

Two-family dwellings shall be situated on tracts of land providing at least six thousand (6,000) square feet of lot area, a minimum lot frontage of sixty (60) feet, a minimum front yard of thirty (30) feet, a minimum side yard of ten (10) feet and a minimum rear yard of fifteen (15) feet or twenty-five percent (25%) of the lot depth, whichever is greater. Each unit shall possess a minimum floor area of six hundred fifty (650) square feet on one (1) floor.

Multiple-family structures shall be situated on tracts of land providing at least two thousand (2,000) square feet of lot area for each dwelling unit, a minimum front yard of thirty (30) feet, a minimum side yard of ten (10) feet and a minimum rear yard of fifteen (15) feet or twenty-five percent (25%) of the lot depth, whichever is greater. Each multiple-family unit shall possess a minimum floor area of six hundred fifty (650) square feet on one (1) floor.

Nursery schools, day nurseries, adult day cares, and kindergartens (separate) shall be situated on tracts of land in a non-residential facility.

[Ord. No. 1170 §3, 6-13-2012]

Hospitals shall be situated on tracts of land at least one (1) acre in area.

All other uses permitted by right in this district, except local public utility facilities, shall be situated or conducted on tracts of land at least one-half (½) acre in area unless the intent of these regulations clearly indicate otherwise.

Except as otherwise provided in this Section, all additional land uses in this district shall be situated or conducted on tracts of land at least one-half (½) acre in area, provided however, that the City Council, when approving an additional use permit for foster homes for handicapped children, specialized private schools, not-for-profit private clubs and recreational land uses, including community centers, may allow the establishment of said foster homes for handicapped children, specialized private schools, not-for-profit private clubs and recreational land uses, including community centers, on tracts of land less than one-half (½) acre where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety and general welfare of Breckenridge Hills; and where the related parking needs, outdoor facilities, size of buildings and potential membership of said developments and uses are deemed consistent with the intensity of land use in the neighborhood of said uses and developments. However, the minimum tract area for said developments and uses shall not be less than six thousand (6,000) square feet.

No structure, other than a permitted directional sign, information sign or boundary wall or fence of less than six (6) feet in height, shall be erected within any front, side or rear yard.

In the case of double frontage lots, there shall be a front yard along each street.

In the case of corner lots, there shall be a front yard on each street side.

No structure or planting exceeding thirty-six (36) inches in height may be erected or installed within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

In the event that forty percent (40%) or more of the frontage along one (1) side of a street between two (2) intersecting streets or for a distance of at least five hundred (500) feet in either direction is developed with buildings set back from such street with a variation in setback of no more than six (6) feet, a structure may be located so as to approach no closer to the roadway than the average of existing buildings, but in no case shall any setback distance be closer than twenty (20) feet from the front lot line existing prior to July 21, 1975.

No wall or any separate (detached) structure shall be located closer to any wall of another separate structure than as set out in the following table:

Walls	Front	Side	Rear	Walls of Detached Accessory Buildings
Front	50 ft. plus additional 10 ft. for each building over two stories	30 ft. except 20 ft. side wall has no windows	100 ft.	30. ft
Side	30 ft. except 20 ft. if side wall has no windows	20 ft.	30 ft.	10 ft.
Rear	100 ft.	30 ft.	50 ft.	20 ft.

Any dimension given above shall include the side or rear yard required for a single-family dwelling when any described wall faces the side or rear of a separately owned lot, whether or not any structure is located on said property.

Permitted signs shall not be required to be placed on a separate lot if such permitted sign is accessory to the primary use of the lot.

Off-Street Parking And Loading Requirements.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

Schools shall provide one (1) off-street parking space for each classroom and separate office in such school plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate. For purposes of calculating the number of secondary school pupils to whom this criterion refers, only pupils in the eleventh (11th) and twelfth (12th) grades shall be considered.

A minimum of two (2) off-street parking spaces shall be provided for each dwelling unit, except for single-family residences located on lots on record possessing a frontage of forty (40) feet or less.

Hospitals shall provide one (1) parking space for each bed in the hospital.

Auditoriums and other places of public assembly shall provide one (1) off-street parking space for every four (4) seats or one (1) parking space for every fifty (50) square feet of floor space for uses without fixed seats.

Public and private not-for-profit libraries shall provide parking areas equal to three (3) times the gross floor area of the library exclusive of auditoriums plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

All other uses shall provide sufficient parking spaces for employee and visitor automobiles so as to ensure that no such vehicle need be parked on any street, road or driveway.

Sign And Lighting Requirements.

Information signs shall not exceed sixteen (16) square feet in outline area per facing.

Directional signs shall not exceed ten (10) square feet in outline area per facing.

Illuminated signs shall only be illuminated by internal, non-intermittent, incandescent or florescent light sources.

No sign shall extend more than fifteen (15) feet above the elevation of the ground.

All signs shall be stationary.

All exterior lighting shall be so arranged to ensure that no direct light will be cast on adjoining streets or properties.

Landscape Requirements.

Where non-residential development is adjacent to a residential land use, a dense planting strip and six (6) foot high sight-proof fence shall be provided within the required side and rear yards of that non-residential development where they abut said residential lot.

Except for single-family dwellings, all outdoor trash areas shall be screened by a six (6) foot high sight-proof fence.

Section 405.210 "C-1" Neighborhood Commercial District Regulations.

[CC 1996 §410.040; CC 1981 §410.050; Ord. No. 379 §27.11, 7-21-1975; Ord. No. 826 §1, 12-16-1991]

The "C-1" Neighborhood Commercial District of the City of Breckenridge Hills is intended to authorize the provisions of certain limited sales and service facilities located in residential communities and constituting a convenience to residents in the immediate neighborhood. This Section contains the district regulations of the "C-1" Commercial District. These regulations are supplemented and qualified by additional regulations which appear elsewhere in this Chapter.

Permitted Land Uses And Developments.

Stores and shops in which food stuff, beverages, pharmaceuticals, household supplies and personal use items are sold directly to the public for consumption elsewhere than on the premises, and related services and retail outlets for the sale of used goods, wares or merchandise, provided that the total gross floor area, exclusive of basements which shall not be used for sales space, shall not exceed thirty thousand (30,000) square feet in area.

[Ord. No. 1264 § 6, 8-21-2017]

Business, information and directional signs.

Accessory buildings, land uses and activities customarily incidental to any of the above uses, but not exceeding forty percent (40%) of the primary uses floor area.

Additional Land Uses And Developments. Additional land uses and developments approved by the City Council under conditions and requirements specified in Section 405.420 of this Chapter:

Barbershops and beauty parlors.

Dry cleaning stores or pickup stations.

Coin laundry or laundromat.

All public utility facilities.

Fire and postal stations.

Accessory buildings, land uses and activities customarily incidental to any of the above uses, including a single-family dwelling unit for the sole use of the person operating the store or shop and members of his/her family.

Height Limitations For Structures. No structure in this district, other than a public utility tower authorized by an additional use permit, shall exceed one (1) story or fifteen (15) feet in height above the average natural grade of the perimeter of the lot or tract upon which it is located.

Lot Dimension, Lot Area And Yard Requirements.

Every lot or tract of land in this district shall have an area of not less than six thousand (6,000) square feet.

There shall be a landscaped rear yard having a depth of not less than fifteen (15) feet when abutting a residentially zoned lot. When abutting a lot zoned and lying wholly within a non-residential district, a rear yard is not required; except that if a rear yard is provided, it shall not be less than five (5) feet deep.

There shall be a landscaped side yard having a depth of not less than six (6) feet when abutting a residentially zoned lot. When abutting a lot zoned and lying wholly within a non-residential district, a side yard is not required; except that if a side yard is provided, it shall not be less than three (3) feet wide.

There shall be a front yard having a depth of not less than thirty (30) feet.

A permitted directional or information sign or boundary wall or fence of six (6) feet in height or less may be erected within the front yard.

There shall be no minimum frontage requirement in this district.

Permitted signs shall not be required to be placed on a separate lot if such permitted sign is accessory to the primary use of the lot.

In the case of corner lots, no structure or planting exceeding thirty-six (36) inches in height shall be erected or installed within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

Any lot of record prior to July 21, 1975, which contains less area or possesses a lesser frontage than herein specified, may be used as a site for any use permitted by right as listed in Subsection (B) above, provided all other relevant requirements of this Chapter are met.

Off-Street Parking And Loading Requirements. One (1) off-street parking space three hundred (300) square feet in area, including adjacent driveways, shall be provided for passenger vehicles for each three hundred (300) square feet of gross commercial floor area in every building.

Sign And Lighting Requirements.

There shall be no more than one (1) attached sign used in connection with any permitted business. A building, which is occupied by only one (1) business and the front wall facade facing a public street exceeds four hundred (400) square feet, may have an attached business sign facing said street which possesses an outline area equal to five percent (5%) of the front wall of the building, except that the maximum sign area on any building shall not exceed forty-five (45) square feet. Business signs shall not project beyond buildings more than eighteen (18) inches horizontally.

Every business sign shall be permanently affixed to the face of a building fronting on a street or painted on ground floor window glass fronting on a street and shall not project above the lowest elevation of the roof.

Illuminated signs shall only be illuminated by internal, non-intermittent, incandescent or florescent light sources.

All exterior lighting shall be so arranged to ensure that no direct light will be cast on adjoining streets or residentially zoned properties.

Directional signs shall not exceed ten (10) square feet in outline area per facing.

Information signs shall not exceed sixteen (16) square feet in outline area per facing.

All signs shall be stationary.

Landscape Requirements.

Where commercial development is adjacent to a residentially zoned lot, a dense planting strip and six (6) foot high sight-proof fence shall be provided within the required side and rear yards where they abut said residentially zoned lot.

All outdoor trash areas shall be screened by a six (6) foot high sight-proof fence.

Exclusions. Notwithstanding anything herein to the contrary, motor vehicle body shops, motor vehicle repair, used motor vehicle sales, motor vehicle parts, motor vehicle salvage, motor vehicle storage, motor vehicle towing and storage lots, pawnshops, and establishments whose primary business is check cashing shall not be a permitted or an additional use in the district.

[Ord. No. 1264 § 6, 8-21-2017]

Section 405.220 "C-2" Shopping and Service Commercial District.

[CC 1996 §410.050; CC 1981 §410.060; Ord. No. 379 §27.12, 7-21-1975; Ord. No. 826 §2, 12-16-1991]

The "C-2" Shopping and Service Commercial District of the City of Breckenridge Hills encompasses area wherein may be located those stores, shops, offices and service facilities which will provide a wide range of those goods and services usually used, consumed or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the general public. This Section contains the district regulations of the "C-2" Shopping and Service Commercial District regulations. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in the Chapter.

Permitted Land Uses And Developments.

Stores, shops, personal service facilities, automatic vending facilities, banks, markets, offices, recreation facilities, restaurants and associated work and storage areas required to carry on business operations in which goods and services of any kind are offered to the general public on the premises, provided that the total gross floor area devoted to any business, firm, activity, or service shall not exceed thirty thousand (30,000) square feet in area.

[Ord. No. 1264 § 6, 8-21-2017]

Libraries, bookstores and reading rooms.

Office buildings.

Business and professional services wholly accessory to office operations and activities.

Fire stations, postal stations, Police stations.

Public and private clubs, meeting rooms, auditoriums, theaters and other facilities for public assembly of not more than one thousand (1,000) persons.

Mortuaries.

Clinics.

Business, information, directional and indoor advertising signs.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Phone and internet sales.

[Ord. No. 1244 §1, 2-22-2016]

Small manufacturing.

[Ord. No. 1244 §1, 2-22-2016]

Additional Land Uses And Developments. Additional land uses and developments approved by the City Council under conditions and requirements specified in Section 405.420 of this Chapter:

Dwelling units in buildings designed for and occupied primarily for commercial purposes when open areas for the exclusive use of occupants of such dwelling units, protectively screened from commercial activities, are provided on the premises in a ratio of at least one (1) square foot of open area for each two (2) square feet of floor area in all dwelling units.

Hotels and motels including customary services for guests.

Service stations.

Children's amusement parks.

Animal hospitals and clinics, excluding open kennels and exercise yards.

Public utility facilities.

Radio and television broadcasting towers and studios.

Churches and hospitals.

Business, professional and technical schools and universities.

Professional and scientific laboratories and research facilities.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Warehousing.

[Ord. No. 1244 §2, 2-22-2016]

Motor vehicle towing and storage lots.

[Ord. No. 1285, 7-15-2019]

Height Limitations For Structures. The total height of any structure, other than a public utility, radio or television tower authorized by an additional use permit by the City Council, shall not exceed forty (40) feet above the average finished ground elevation at the perimeter of such structure.

Lot Dimension, Lot Area And Yard Requirements.

A lot, tract or parcel of land at least twelve thousand (12,000) square feet in area shall be provided for each separate primary structure. Every lot or tract of land shall have a frontage of not less than fifty (50) feet.

There shall be a landscaped rear yard having a depth of not less than fifteen (15) feet when abutting a residentially zoned lot. When abutting a lot zoned and lying wholly within a non-residential district, a five (5) foot deep landscaped rear yard shall be required.

There shall be a landscaped side yard having a depth of not less than fifteen (15) feet when abutting a residentially zoned lot. When abutting a lot zoned and lying wholly within a non-residential district, a side yard is not required; except that if a side yard is provided, it shall not be less than five (5) feet wide.

There shall be a front yard having a depth of not less than thirty (30) feet. A permitted business, directional or information sign or a boundary wall or fence of six (6) feet in height or less may be erected within the front yard.

Not more than twenty-five percent (25%) of the total area of any lot or tract of land used for any purpose in this district shall be covered by all of the structures on such lot or tract.

Churches shall be situated on tracts of land at least one-half (½) acre in area.

Hospitals shall be situated on tracts of land at least one (1) acre in area.

Permitted signs shall not be required to be placed on a separate lot if such permitted sign is accessory to the primary use of the lot.

Any lot of record prior to July 21, 1975, which contains less area or possesses a lesser frontage than specified in this Section, may be used as a site for any use permitted by right as listed in Subsection (B) above, provided all other relevant requirements of this Chapter are met.

Off-Street Parking And Loading Requirements.

Two (2) enclosed off-street parking spaces shall be provided for each dwelling unit.

Office, laboratories, research facilities and activities accessory to these uses shall provide one (1) off-street parking space for every three hundred (300) square feet of gross floor area plus one (1) parking space for every vehicle used in the operation of the use and normally placed on the lot containing the use.

Retail sales and personal service facilities shall provide an off-street parking area equal in size to three (3) times the net floor area of such building used for any purpose other than storage rooms or heating and air-conditioning equipment.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium.

Hospitals shall provide one (1) off-street parking space for each bed in the hospital.

Hotels shall provide one and one-half (1½) off-street parking spaces for each guest room.

Auditoriums, theaters and other places for public assembly shall provide one (1) off-street parking space for every four (4) seats or one (1) parking space for every fifty (50) feet of floor space for uses without fixed seats.

Mortuaries shall provide ten (10) off-street parking spaces for each parlor or stateroom; or one (1) off-street parking space for every five (5) seats in the chapel or room used for services, whichever is greater; plus one (1) off-street parking space for each employee.

Schools shall provide one (1) off-street parking space for each classroom and separate office in such school plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate. For purposes of calculating the number of school students to whom this criterion refers, only pupils in the eleventh (11th) grade or above shall be considered.

Libraries shall provide an off-street parking area equal in size to three (3) times the gross floor area of the library, exclusive of auditoriums or meeting rooms, plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

Postal stations, fire stations, Police stations, broadcasting studios and utility facilities shall provide sufficient parking space for employee, customer or visitor vehicles so as to ensure that no such vehicle need be parked on any street.

One (1) paved off-street loading space shall be provided on the premises for each fifteen thousand (15,000) square feet or fraction thereof of gross floor area in every building. Each such loading space shall measure no less than ten (10) by forty (40) feet and shall have a height, clear of obstructions, of fourteen (14) feet.

Sign And Lighting Requirements.

Business signs attached to buildings shall not project beyond such building more than eighteen (18) inches horizontally and shall not project above the roof more than five (5) feet. A building which is occupied by only one (1) business or only one (1) business above the first (1st) floor may have a flat attached business sign on each wall facing a public street, each sign equal in outline area to not more than five percent (5%) of the area of the wall on which it is attached; except that no such business sign shall exceed three hundred (300) square feet. One (1) free- standing business sign relating to articles and services offered within the building or identifying the building or land use may be erected within the building line. A building or land use located on more than one (1) public roadway right-of-way may have a freestanding business sign located facing each such roadway. No freestanding business or information sign shall exceed thirty (30) square feet in outline area per facing. No freestanding sign shall extend more than thirty (30) feet above the elevation of the adjacent street or the elevation of the average finished ground elevation along the side of the building facing the street, whichever is higher.

Advertising signs shall only be permitted within buildings.

Directional signs shall not exceed ten (10) square feet in outline area per facing.

No more than one (1) portable or temporary sign, not to exceed twenty (20) square feet in outline area, may be displayed at any one (1) time in connection with an individual business establishment.

All exterior lighting shall be so arranged to ensure that no direct light will be cast on adjoining streets and residentially zoned properties.

Illuminated signs shall only be illuminated by internal, non-intermittent, incandescent or florescent light sources.

All signs shall be stationary.

Landscape Requirements.

Where commercial development is adjacent to a residentially zoned lot, a dense planting strip and a six (6) foot high sight-proof fence shall be provided within the required side and rear yards of the commercial development where they abut said residentially zoned lot.

All outdoor trash areas shall be screened by a six (6) foot high sight-proof fence.

Exclusions. Notwithstanding anything herein to the contrary, motor vehicle body shops, motor vehicle repair, used motor vehicle sales, motor vehicle parts, motor vehicle salvage, motor vehicle storage, drive-in theaters, golf practice driving ranges, outdoor swimming pools, pawnshops, and establishments whose primary business is check cashing shall not be a permitted or an additional use in the district.

[Ord. No. 1264 § 6, 8-21-2017; Ord. No. 1285, 7-15-2019]

Section 405.230 "C-3" Cluster Shopping and Service District Regulations.

[CC 1996 §410.060; CC 1981 §410.070; Ord. No. 379 §27.13, 7-21-1975; Ord. No. 826 §§3 — 4, 12-16-1991]

The "C-3" Shopping District of the City of Breckenridge Hills encompasses areas wherein may be located clusters of complementary stores and service facilities which will provide a wide range of those goods and services usually consumed, used or needed in the home or by individuals. It shall be the purpose of these regulations to facilitate the establishment of conditions suitable for the coordinated operation of clustered businesses catering to the general public. This Section contains the district regulations of the "C-3" Shopping District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

Permitted Land Uses And Developments.

Stores, including shops, personal service facilities, automatic vending facilities, banks, markets, offices, recreational facilities, restaurants, and associated work and storage areas required to carry on business operations in which goods and services of any kind are offered for sale or hire to the general public on the premises.

[Ord. No. 1264 § 6, 8-21-2017]

Public and private libraries, reading rooms, clubs, meeting rooms, auditoriums, theaters and other facilities for public assembly of not more than one thousand five hundred (1,500) persons.

Postal stations.

Business, information, advertising and directional signs.

Clinics.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Additional Land Use And Developments. Additional land use and developments approved by the City Council under conditions and requirements specified in Section 405.420 of this Chapter:

Gas stations.

[Ord. No. 1264 § 6, 8-21-2017]

Children's amusement parks.

Animal hospitals and clinics, excepting open kennels and exercise yards.

Auditoriums and theaters having a capacity of over one thousand five hundred (1,500) persons.

All public utility facilities.

Commercial schools.

Radio and television studios and broadcasting towers.

Retail outlets for the sale of used goods, wares or merchandise.

Height Limitations For Structures. The total height of any structure, other than a public utility or communication tower authorized by an additional use permit, shall not exceed sixty (60) feet above the average finished ground elevation at the perimeter of such structure.

Lot Dimension, Lot Area And Yard Requirements.

There shall be no lot area requirements in this district.

Not more than twenty-five percent (25%) of the total area of any lot or tract of land used for any purpose in this district shall be covered by all the structures on such lot or tract.

Advertising signs shall be situated on separate lots containing not less than twelve thousand (12,000) square feet, which lot shall contain no other use. Other permitted signs shall not be required to be placed on a separate lot if such permitted sign is accessory to the primary use of the lot.

In the case of corner lots, no planting or structure exceeding thirty-six (36) inches in height shall be erected or installed within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

Any lot of record prior to July 21, 1975, which contains less area or possesses a lesser frontage than herein specified, may be used as a site for any use permitted by right in Subsection (B) above, provided all other relevant requirements of this Chapter are met.

Off-Street Parking And Loading Requirements.

Auditoriums, theaters and other places for public assembly shall provide one (1) parking space for every four (4) seats or one (1) parking space for every fifty (50) square feet of floor space for uses without fixed seats.

All other uses allowed in this district shall provide sufficient parking space for employee, customer or visitor vehicles so as to ensure that no such vehicle need be parked on any street.

Sign And Lighting Requirements.

Business and information signs attached to buildings shall not project beyond such building more than eighteen (18) inches horizontally and shall not project above the roof more than five (5) feet. Only one (1) freestanding business or information sign relating to articles and services offered within the district or identifying the district or land uses within the district may be erected within the building line. One (1) freestanding business or information sign may be located at those main entrances to the district which are directly opposite commercially zoned tracts. No information or business sign shall exceed fifty (50) square feet in outline area per facing, except that a building which is occupied by only one (1) business or only one (1) business above the first (1st) floor may have a flat attached business or information sign on each wall facing a public street, each sign equal in outline area to not more than five percent (5%) of the area of the wall on which it is attached; except that no such business or information sign shall exceed three hundred (300) square feet. No freestanding sign shall extend more than thirty-five (35) feet above the elevation of the adjacent street or the elevation of the average finished ground elevation along the side of the building facing the street, whichever is higher.

Advertising signs shall not exceed four hundred (400) square feet in outline area and shall not be closer than three hundred (300) feet to any other advertising sign.

No more than one (1) portable or temporary sign, not to exceed twenty (20) square feet in outline area per facing, may be displayed at any time in connection with an individual business establishment.

All exterior lighting shall be so arranged to ensure that no direct light will be cast on adjoining streets and non-commercially zoned properties.

Directional signs related to aisles, entrances and exits of buildings and parking lots having outline areas of less than ten (10) square feet per facing may be located where necessary; except that no such sign shall be located on or over a public right-of-way.

Illuminated signs shall only be illuminated by internal, non-intermittent, incandescent or florescent light sources.

All signs shall be stationary.

Landscape Requirements.

All outdoor trash areas shall be screened by a six (6) foot high sight-proof fence.

Exclusions. Notwithstanding anything herein to the contrary, motor vehicle body shops, motor vehicle repair, used motor vehicle sales, motor vehicle parts, motor vehicle salvage, motor vehicle storage, motor vehicle towing and storage lots, drive-in theaters, golf practice driving ranges, outdoor swimming pools, pawnshops, and establishments whose primary business is check cashing shall not be a permitted or an additional use in the district.

[Ord. No. 1264 § 6, 8-21-2017]

Section 405.240 "C-4" Highway and Extensive Sales and Service Commercial District Regulations.

[CC 1996 §410.070; CC 1981 §410.080; Ord. 379 §27.14, 7-21-75; Ord. No. 826 §§5 — 6, 12-16-1991]

The "C-4" Highway and Extensive Sales and Service District of the City of Breckenridge Hills encompasses areas adjoining arterial highways wherein may be located commercial establishments usually requiring extensive land area for the storage, display and sale of merchandise and equipment. It is the purpose of these regulations to encourage the establishment of certain highway oriented and extensive sales and service commercial activities. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

Permitted Land Uses And Developments.

Retail sales, including appliances, book store, card and gift shop, carpeting, clothing, department store, drug store, fabrics, florist, food store, furniture store, furrier, garden shop, hardware store, health foods, hobby shop, jewelry store, newsstand, pet shop, radio and T.V. store, and sporting goods and sale or rental of pre-recorded movies, videotapes and entertainment software with less than forty thousand (40,000) square feet.

[Ord. No. 1264 § 6, 8-21-2017]

Personal services, including barbershop, beauty parlor, cleaning and laundry pick-up establishments, photographers, shoe repair, tailoring and dressmaking, but excluding pawn shops and establishments whose primary business is check cashing and related services.

Household services, including appliance repair, bicycle repair, carpeting and draperies, electrical, heating and cooling, painting, plumbing, radio and television repair and upholstery.

Banks, savings and loan associations, credit unions, stock brokers and title companies.

Offices, including business, dental, general, laboratory, medical, radio and television and research.

Public building or facility of any kind used by any City, County, State or Federal agency.

Hotels and motels.

Drive-through motor vehicle oriented businesses.

[Ord. No. 1264 § 6, 8-21-2017]

Fire stations, postal stations, Police stations and offices.

Animal hospitals and clinics.

Business, directional, information and advertising signs.

Restaurants.

Accessory buildings, land uses, and activities customarily incidental to any of the above uses.

[Ord. No. 1264 § 6, 8-21-2017]

Additional Land Uses And Developments. Additional land uses and developments approved by the City Council under conditions and requirements specified in Section 405.420 of this Chapter:

Public utility facilities.

Radio, television and communication transmitting or relay towers and facilities.

(Reserved)[1]

[1]

Editor’s Note: Former Subsection (C)(3), regarding sales, rental and servicing of new and used automobiles and other items, was repealed 9-16-2015 by §1 of Ord. No. 1239.

Warehousing and wholesaling with goods or materials, other than live animals, explosives or flammable gases or liquids.

Commercial laundries and dry cleaning plants.

Lumber, coal and construction materials sales and storage.

Mail order sales warehouse.

Truck and bus terminals.

Sales, servicing, repairing and renting of equipment used by business, industry and agriculture.

Plumbing, air-conditioning and heating equipment sales, warehousing and repair facilities.

Stadiums, arenas, theaters and drive-in theaters.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Retail outlets for the sale of used goods, wares or merchandise.

Service stations.[2]

[2]

Editor’s Note: Ord. No. 1264 enacted a new Subsection (15) which immediately followed and was automatically repealed as set out in Section 2 of said ordinance. Its only purpose being to allow the City the authority to issue certain additional use permits prior to its expiration.

Height Limitations For Structures. The total height of any structure, except public utility or communication towers authorized by an additional use permit by the City Council, shall not exceed forty (40) feet above the average finished ground elevation at the perimeter of such structure.

Lot Dimension, Lot Area And Yard Requirements.

A tract of land containing at least twenty thousand (20,000) square feet shall be provided for each commercial establishment requiring an additional use permit. A tract containing at least twelve thousand (12,000) square feet shall be provided for each commercial establishment permitted by right; except for service stations which shall be located on tracts containing at least fifteen thousand (15,000) square feet.

There shall be no minimum frontage requirements in this district.

There shall be a heavily landscaped rear yard having a depth of not less than twenty (20) feet when abutting a residentially zoned lot. When abutting a lot zoned and lying wholly within a non-residential district, a five (5) foot landscaped rear yard shall be required.

There shall be a landscaped side yard having a depth of not less than twenty (20) feet when abutting a residentially zoned lot. When abutting a lot zoned and lying wholly within a non-residential district, a five (5) foot wide side yard is required.

There shall be a front yard having a depth of not less than thirty (30) feet.

In the case of corner lots, no structure or planting exceeding thirty-six (36) inches in height may be installed or erected within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

No merchandise shall be stored or displayed within any side, front or rear yard.

Off-Street Parking And Loading Requirements.

Hotels and motels shall provide one and one-half (1½) off-street parking spaces for each guest room plus one (1) space for each employee on the major shift.

Restaurants shall provide an off-street parking area equal in size to three (3) times the net floor area of the restaurant other than storage rooms or heating and air-conditioning equipment.

All other uses provided for in this district shall provide sufficient parking space for employee, customer and visitor vehicles so as to ensure that no such vehicle need be parked on any street.

Sign And Lighting Requirements.

Business and information signs shall not exceed fifty (50) square feet in outline area per facing, except that a building which is occupied by only one (1) business or only one (1) business above the first (1st) floor may have a flat attached business or information sign on each wall facing a public street, each sign equal in outline area to not more than five percent (5%) of the area of the wall on which it is attached; except that no such business or information sign shall exceed three hundred (300) square feet. Advertising signs shall not exceed four hundred (400) square feet in outline area. Advertising signs shall be located not closer than three hundred (300) feet to any other advertising sign.

All business, information and advertising signs shall be located as not to impair the visibility of any official highway sign or marker and no business, information or advertising sign shall be so placed as to unnecessarily obstruct the visibility of any other business sign in this district.

No outdoor advertising signs shall be located within thirty (30) feet of any street right-of-way line.

Directional signs shall not exceed ten (10) square feet in outline area per facing.

No freestanding sign shall extend more than thirty (30) feet above the elevation of the adjacent street or the elevation of the average finished ground elevation along the side of the building facing the street, whichever is higher.

Sign illumination and other lighting arrangements shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on property in any non-commercial district.

Illuminated signs shall only be illuminated by internal, non-intermittent, incandescent or florescent light sources.

All signs shall be stationary.

Landscape Requirements.

All outdoor trash areas shall be screened by a six (6) foot high sight-proof fence.

Exclusions. Notwithstanding anything herein to the contrary, motor vehicle body shops, motor vehicle repair, used motor vehicle sales, motor vehicle parts, motor vehicle salvage, motor vehicle storage, motor vehicle towing and storage lots, drive-in theaters, golf practice driving ranges, outdoor swimming pools, pawnshops, and establishments whose primary business is check cashing shall not be a permitted or an additional use in the district.

[Ord. No. 1264 § 6, 8-21-2017]

Section 405.250 "M-1" Manufacturing District Regulations.

[CC 1996 §410.080; CC 1981 §410.090; Ord. No. 379 §27.15, 7-21-1975]

The "M-1" Manufacturing District of Breckenridge Hills encompasses industrial areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions and adequate provision of public utility facilities required by industry. It is the purpose of these regulations to facilitate the establishment of industrial areas within this district so that economic production and distribution of goods manufactured in the community are not placed at a disadvantage with respect to regional competition. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

Permitted Land Uses And Developments.

Manufacturing or fabrication of any commodity from semi-finished materials, except explosives or flammable gases or liquids.

Warehousing or wholesaling of manufactured goods; except for live animals, explosives or flammable gases or liquids which shall require an additional use permit approved by the City Council.

Laundries and dry cleaning plants, not including personal and individual drop-off and pickup service.

All public utility facilities.

Research laboratories and facilities.

Police, fire and postal stations.

Business, directional, information and advertising signs.

Truck and bus terminals.

Public or private offices or office buildings.

Gas stations, motor vehicle body shops, motor vehicle repair, used motor vehicle sales, motor vehicle parts, motor vehicle salvage, motor vehicle storage, and motor vehicle towing and storage lots.

[Ord. No. 1264 § 6, 8-21-2017]