City of Charleston, MO Article III Use Regulations

Section 400.100 Non-Conforming Uses.

[R.O. 1993 § 400.100; Ord. No. 1431 § X, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2690 § 1, 7-14-2009]

A. The lawful use of a building existing at the time of the adoption of this Chapter may be continued even though such use does not conform with the provisions hereof, except that industrial uses may be enlarged up to fifty percent (50%) of their building area existing on the effective date of this Chapter. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use the same or more restricted classifications. The foregoing provisions shall apply to non-conforming uses in districts as may be hereafter changed. In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of three (3) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.

B. A building which is non-conforming and has been damaged by fire, explosion, act of God or the public enemy, regardless of extent, may be restored to that non-conforming use or the conforming use within the zoning regulations.

C. A non-conforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use, previous to the adoption of this Chapter or to any affecting amendments thereof.

Section 400.110 Height And Area Requirements.

[R.O. 1993 § 400.110; Ord. No. 2068 § 1, 7-10-1984; Ord. No. 2364 § 1, 6-9-1998]

The height and area requirements for the various districts shall be as follows:

District		Agricultural	Residential	Gen. Comm.	Cent. Bus.	Industrial
Code Section		400.040	400.050 — 400.060	400.070	400.080	400.090
Maximum Height
	Feet	35	35	35	45	45
	Stories	2 1/2	2 1/2	2 1/2	3	3
Minimum Yard Requirements
Front (Measured from property line)		10 ft.	25 ft.	10 ft.	—	10 ft.
Side (Measured from property line)		15 ft.	8 ft.	8 ft.*	—	7 ft.
Rear (Measured from property line)		30 ft.	20 ft.	30 ft.	—	30 ft.
Minimum Residential Lots Width
Single		150 ft.	75 ft.	60 ft.	60 ft.	—
Two		—	70 ft.	70 ft.	70 ft.	—
Multiple		—	100 ft.	70 ft.	70 ft.	—

____________________

*Applies only when the lot abuts a parcel of property being used exclusively for residential purposes.

Section 400.120 Additional Height And Area Regulations.

[R.O. 1993 § 400.120; Ord. No. 1431 § XII, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2410 § 1, 5-11-1999]

A. The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.

1. Public, semi-public, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.

2. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances are exempt from the height regulations as contained herein.

3. Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.

4. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

5. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices, and ornaments, and features which are not to exceed twelve (12) inches.

6. No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

7. Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the City Engineer for a distance of not more than three and one-half (3 1/2) feet and where the same are so placed as not to obstruct light and ventilation.

8. An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed (4) feet.

9. Terraces, uncovered porches, platform, and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.

10. For purposes of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one (1) building occupying one (1) lot.

11. Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

12. In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided, however, that the open spaces between buildings that are parallel, or within forty-five degrees (45°) of being parallel, shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- or four-story buildings.

13. Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.

14. No side yards are required where dwelling units are erected above commercial and industrial structures.

15. Where lots have double frontage, the required front yard shall be provided on both streets.

16. The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall be projected beyond the required front yard on either street.

17. Whenever a lot at the effective date (August 13, 1968) of this Chapter has a width of less than eighty-five (85) feet, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet. This shall not apply to lots in industrial districts.

18. 

The front yards heretofore established shall be adjusted in the following cases:

a. Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest to the street line.

b. Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:

1) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side, or

2) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.

19. Existing Platted Lots. Where a lot of record at the time of the effective date of this Chapter or a lot in a subdivision which the City Council has officially approved and agreed to accept at the time of the effective date of the amendment has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a one-family dwelling or for any other non-dwelling use permitted in the district in which it is located.

Section 400.130 Off-Street Parking Regulations.

[R.O. 1993 § 400.130; Ord. No. 1431 § XIII, 8-13-1968; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2399 § 1, 1-12-1999]

A. No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%), or changing in use unless there is provided on the lot, space for the parking of automobiles or trucks in accordance with the following minimum requirements. The regulations of this Section do not apply to the "B-2" District.

1. Bowling alley: Five (5) parking spaces for each alley.

2. Business, professional or public office building, studio, bank, medical or dental clinic: Three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000).

3. Church: One (1) parking space for each eight (8) seats in the main auditorium.

4. College or school: One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.

5. Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

6. Dwellings: Two (2) parking spaces for each dwelling unit.

7. Hospital, sanitarium, home for the aged, or similar institution: One (1) parking space for each four (4) beds.

8. Hotel: One (1) parking space for each three (3) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.

9. Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment: One (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

10. Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.

11. Private club or lodge: One (1) parking space for every ten (10) members.

12. Restaurant, night club, cafe or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of floor area.

13. Retail store or personal service establishment: One (1) parking space for each two hundred (200) square feet of floor area.

14. Rooming or lodging house: One (1) parking space for each two (2) sleeping rooms.

15. Sports arena, stadium or gymnasium (except school): One (1) parking space for each five (5) seats or seating spaces.

16. Theater or auditorium (except school): One (1) parking space for each five (5) seats or bench seating spaces.

B. Parking In Front Yard And Side Yard Of Residences Prohibited Except On Driveway. The parking or storage of any motor vehicle, farm or construction machinery, equipment and implements in the front yard and side yard of any residence within any residential, business, industrial or mobile home park district (as listed and described in Section 400.030) is prohibited except upon a driveway which provides access to a garage, carport or parking area, provided however, that a side turnaround shall be permitted in required front yards in "R-1" Residential Districts, "R-2" Residential Districts, or any other district when the property is lawfully used for residential purposes. The driveway shall be made of an all-weather surface of concrete, asphalt or compacted rock.

1. Variances. A variance from the requirement of this Section may be granted by the Code Enforcement Officer upon application and a showing of undue hardship or other special circumstances.

2. Definitions. For purposes of this Subsection, the terms hereinafter listed shall have the following meanings:

MOTOR VEHICLE

Includes, but is not limited to, a motorcycle, motorbike, all-terrain vehicle, truck, tractor, bus, motor home, recreational vehicles, trailer, boat, jet ski, golf cart, airplane, helicopter and lawn tractor.

FARM AND CONSTRUCTION MACHINERY, EQUIPMENT AND IMPLEMENTS

Include, but are not limited to, trucks, tractors, combines, backhoes, bulldozers, mowers, plows, harrows, ground leveling apparatus, trailers, and all tools and equipment customarily used in farming or construction occupations.

Section 400.135 Fence Regulations.

[R.O. 1993 § 400.135; Ord. No. 2364 § 1, 6-9-1998; Ord. No. 2396 § 1, 1-12-1999]

A. The following regulations shall apply to all fences within the City:

1. Regulations.

a. Fences in side and rear yards shall not exceed six (6) feet in height, except that security fences in commercial and industrial districts may be constructed up to eight (8) feet in height to include any barbed wire used to top the fence. Fences may be constructed on the property lines, except, however, fences or a landscaped screen on corner lots cannot be constructed within thirty (30) feet of the intersection of two (2) street lines.

b. Fences located within a front yard shall be ornamental fences, constructed of wrought iron, brick, stone, plastic, wood, or a combination of not more than two (2) of the above-mentioned materials, and shall not exceed thirty-six (36) inches in height. At least fifty percent (50%) of the surface of the fence shall be open.

c. Any fence must be constructed in a workmanlike manner.

d. Fences enclosing swimming pools shall be a minimum of four (4) feet in height.

2. Exceptions.

a. Fences surrounding tennis courts or athletic fields shall be open wire mesh fences and shall not exceed twelve (12) feet in height with exit gates at required intervals.

b. Fences enclosing an institution, a public playground, elementary, junior high or high school, or college or university site, commercial or industrial occupancy shall not exceed eight (8) feet in height with exit gates at required intervals.

3. Design And Maintenance.

a. All fences shall be maintained in their original upright condition.

b. Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed.

c. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

d. Fences shall have adequate footings, foundations, or post depth and size as required by the International Building Code.

4. Prohibited Fences. The following fences are prohibited:

a. Sharp pointed fences.

(1) No fence shall be constructed solely of a single wire or of two (2) wires between posts or supports.

(2) No fence shall be constructed in whole or in part of barbed wire, except for agricultural uses and for top wire or wires on a security fence at least six (6) feet in height.

b. No more than two (2) different types of fencing material (wood and chain link or two (2) types of wood) are permitted in combination.

c. No person shall erect or maintain any division fence or screen, in whole or in part, of cloth, canvas or other like material.

d. No person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes.

e. No person shall connect any type of electrical current to an existing or newly constructed fence.

5. Screening/Buffer Area. At such time as a lot which is zoned commercial or industrial is developed adjacent to a lot which is zoned residential, a permanent screening consisting of a masonry wall, wood fence, seeded berm, landscaping material or combination thereof, at least six (6) feet in height shall be installed by the developer of the commercial or industrial zoned lot. The screen shall be installed on the lot line between the commercial or industrial lot and the residential lot. The required screening shall have an opacity of at least eighty percent (80%) year round and, if landscaping is used, the eighty percent (80%) opacity shall be achieved within four (4) full growing seasons. The required screening shall be maintained in good order and not allowed to exist in a state of disrepair or neglect and the opacity requirements shall be maintained. If wood fencing is used, it shall be durable in nature or treated to prevent rapid deterioration. Failure to maintain the required screening shall be considered a violation.

Section 400.140 Special Uses.

[R.O. 1993 § 400.140; Ord. No. 1431 XIV, 8-13-1968; Ord. No. 1827 § 1, 7-30-1974; Ord. No. 1947 § 1, 4-24-1979; Ord. No. 2055 § 1, 2-14-1984; Ord. No. 2364 § 1, 6-9-1998]

A. The City Council of Charleston may grant special use permits. The City Council shall determine whether such building or use will:

1. Substantially increase traffic hazards or congestion.

2. Substantially increase fire hazard.

3. Adversely affect the character of the neighborhood.

4. Adversely affect the general welfare of the community.

5. Overtax public utilities.

6. Be in conflict with the Comprehensive City Plan.

B. If the Council's finding is negative as to all the subjects referenced to in the above Subsection (A)(1) through (6), the application may be granted; if affirmative as to any subject, then such application shall be denied.

C. The procedure shall be that an application is made to the City Council for a special use permit. A study and report will be done by the City Planning Commission. The City Council will then hold a public hearing on the matter.

D. Subject to such reasonable conditions and protective restrictions as are deemed necessary, the City Council may authorize the following special uses in any district from which they are otherwise prohibited:

1. Cemetery or mausoleum on sites of not less than twenty (20) acres.

2. Greenhouse or nursery.

3. Hospital, clinic or institution not primarily for the mentally ill or those with contagious diseases, provided that less than forty percent (40%) of the total land area is occupied by buildings and that all the required yards are increased by one (1) foot for each foot of building height in excess of height limits specified in this Chapter.

4. Landing field or strip for aircraft.

5. Residential or outpatient facilities for the treatment of alcohol and other drug abuse.

6. Commercial radio tower or broadcasting station.

7. Removal of gravel, topsoil or similar natural material, with safeguards for the protection of adjoining property and the community as a whole.

8. Riding stable.

9. Sanitary fill for the disposal of garbage or trash.

10. Trailer or mobile home park.

11. Certain heavy industrial uses as required in Section 400.090.

12. Private clubs and lodges.

13. Temporary camping facilities, being camping facilities for tents, campers and recreational vehicles and other camping equipment for a period not to exceed seven (7) days per user.

14. Funeral homes or mortuaries.

15. Auto wrecking yard and junk yard.

a. No person, firm, or corporation shall establish, maintain or operate an auto wrecking shop, auto salvage yard or junk yard in the City of Charleston, Missouri, who does not possess a permit to establish, maintain or operate the same from the City Manager of Charleston, Missouri. This permit shall be issued only upon the payment of the annual license fee, and after the City Manager has satisfied himself that the applicant for such permit has and will comply with all of the requirements of this Subsection.

b. No auto wrecking shop, auto salvage yard or junk yard shall be established, maintained or operated within two hundred (200) feet of any City street in the City of Charleston, Missouri, unless the same is screened from public view by a high board or other satisfactory type of fence, not less than ten (10) feet high, and of sufficient height to screen the wrecked or disabled automobiles or junk left thereon from the view of persons using said City streets, whether on foot or in vehicles.

c. No auto wrecking shop, auto salvage yard or junk yard shall be established in any area of the said City which is used seventy-five percent (75%) for residential purposes, and shall not be established in any other area of the City unless the person, firm or corporation applying for said permit shall obtain the written consent of at least seventy-five percent (75%) of all resident property owners within a radius of three hundred (300) feet from the property in and on which applicant is desiring to obtain a permit for the establishment, maintenance and operation of said auto wrecking shop, auto salvage yard or junk yard.

d. Any person, firm or corporation to whom a permit shall be issued to operate an auto wrecking shop, auto salvage yard or junk yard shall maintain, establish and operate the same in such manner as not to be unsightly or hazardous, as to the health or safety of the inhabitants of the City of Charleston, Missouri, and so as not to be detrimental to surrounding businesses.

e. For the purposes of this Subsection, a "junk yard" is hereby declared to be an establishment wherein a person, firm or corporation is established in the business of buying or selling or offering for sale old iron, brass, steel, rags, bottles and other items commonly discarded and classed as junk. An "auto wrecking shop" or "auto salvage yard" shall be defined as an establishment that is maintained and operated for the purposes of junking old, used motor vehicles of all types, kinds and descriptions for the purpose of salvaging parts therefrom, or dismantling the same so that it could be classed as old iron and other metals, or as junk.

16. Family daycare.