[Ord. No. 11-2I Art. VI §1, 8-19-2002; Ord. No. 11-2I 4 §1, 6-16-2003]
A.
General. The City Council of the City of Farmington may,
after study and report by the Planning and Zoning Commission, authorize
a Planned Unit Development (PUD) on a lot or parcel in one (1) or
more zoning districts which may not necessarily meet all the requirements
of this Chapter. The development shall, however, meet with the spirit
and intent of this Chapter, comply with this Section, and any conditions
or restrictions imposed by the City Council.
B.
Minimum Requirements. Planned unit developments shall comply
with the following minimum requirements:
C.
Conditions. Planned unit developments shall not in any case:
1.
Substantially increase traffic hazards or congestion.
2.
Adversely affect the character of the neighborhood.
3.
Substantially increase fire hazards.
4.
Adversely affect the general welfare of the community.
5.
Overtax public utilities.
6.
Be in conflict with the City's Comprehensive Plan.
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If the City Council's findings should be negative to the above,
then the application may be granted; if affirmative as to any subject,
then such permit shall be denied. In the granting of a special use
permit, the City Council may impose and the Planning and Zoning Commission
may recommend appropriate conditions and safeguards as may be deemed
necessary to ensure compliance with the intent of this Chapter and
to protect adjacent property and conserve property values.
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D.
Changes To Plan. A new application shall be filed for any
proposed changes to the approved plan for planned unit development.
[Ord. No. 11-2I Art. VI §2, 8-19-2002; Ord. No. 11-2I2 §3, 9-16-2002; Ord. No. 11-2I6 §§1 — 3, 6-16-2003; Ord. No. 11-2I 12 §1, 12-15-2003; Ord. No. 11-2I 63 §§3 — 4, 3-31-2008; Ord. No. 11-2I 64 §§3 —
4, 8-29-2008]
A.
Special Use Permit. The City Council of the City of Farmington
may, after study and report by the Planning and Zoning Commission
and a public hearing by the City Council, authorize certain uses by
special use permit.
B.
Use Regulations.
1.
Uses which may be authorized by special use permit shall be as designated
by Table A, at the end of this Title in accordance with the minimum
conditions of this Section, the requirements of the zoning district
in which the use will be located, and any conditions imposed by the
City Council to secure the spirit and intent of this Chapter. Such
uses shall not:
2.
If the City Council's findings should be negative to the above, then
the application may be granted; if affirmative as to any subject,
then such permit shall be denied. In the granting of a special use
permit, the City Council may impose and the Planning and Zoning Commission
may recommend appropriate conditions and safeguards as may be deemed
necessary to ensure compliance with the intent of this Chapter and
to protect adjacent property and conserve property values.
3.
Applications for special use permits shall be processed in accordance
with the requirements for zoning amendments.
4.
Special use permits, and all conditions imposed upon a use specified
by a special use permit, shall be transferable with property ownership
and shall remain valid unless expired or revoked by the City Council,
after report and recommendations from the Planning and Zoning Commission.
5.
A special use permit shall expire after a period of two (2) years
from the date of approval if the Special Use is not exercised. A special
use permit shall expire after a period of not more than five (5) years
from the date of approval at the sole discretion of the City Council,
provided that any extension beyond the two (2) year period shall be
requested at the time of application for the special use permit.
6.
A special use permit shall be considered exercised when:
a.
At least one (1) building involved in the special use is constructed
and completely occupied for the use specified in the special use permit
when the special use involves a building.
b.
At least ten percent (10%) of the land for which the special use
permit has been issued has been occupied by the special use, when
the special use involves only land.
C.
Conditions Of Use. The following minimum conditions shall
apply to the specified uses.
1.
Airport or heliport.
a.
Minimum area, one (1) acre.
b.
Site development and landscape plans required.
c.
Fencing required on boundary and in all public use areas, supplemented
by screen planting where determined necessary by Planning and Zoning
Commission.
d.
Access to adequate major street required, with one (1) entrance.
e.
Minimum of one (1) parking space per two (2) employees, plus one
(1) space per four (4) seats in waiting room.
f.
Must meet all applicable regulations of the Federal Aviation Administration.
2.
Animal hospital or veterinary clinics.
a.
Minimum lot area of one (1) acre.
b.
Site development and landscape plan required.
c.
Minimum of one (1) parking space per two (2) employees, plus one
(1) space per four (4) seats in waiting room.
d.
Entrance, loading space and screening requirements established in
development plan and approved by Planning and Zoning Commission.
4.
Child or day care center. Special requirements:
a.
Shall have at least thirty-five (35) square feet of usable floor
area per child.
b.
Shall have at least seventy-five (75) square feet of outdoor play
area per child.
c.
Shall have at least a forty-two (42) inch high fence that completely
encloses all outdoor play areas.
d.
Shall meet all other applicable local, State and Federal requirements.
5.
Cemetery or crematorium.
a.
Site development plan required.
b.
Minimum area, eleven (11) acres.
c.
Minimum yards: front yard as in district in which located; side yard,
fifty (50) feet; rear yard, fifty (50) feet.
d.
Covenants required to perpetuate maintenance and ensure future improvements.
e.
Entrance(s) and artificial lighting to be approved by the Planning
and Zoning Commission.
6.
Greenhouse, plant nursery or similar.
a.
Minimum lot area, twenty-five thousand (25,00) square feet.
b.
Minimum yards: front yard, one hundred (100) feet; side yard, forty
(40) feet; rear yard, forty (40) feet.
c.
Minimum gross floor area of principal building(s), one thousand (1,000)
square feet.
d.
One (1) parking space per three (3) employees, plus one (1) space
per one hundred twenty-five (125) square feet of sales area.
e.
Loading/unloading spaces as determined by the Planning and Zoning
Commission, minimum of one (1) space.
f.
Entrance(s) and artificial lighting to be approved by the Planning
and Zoning Commission.
7.
Hospital or sanitarium.
a.
Site development plan required.
b.
Minimum lot area, seven (7) acres.
c.
Minimum yards: front yard, one hundred (100) feet; side yard, forty
(40) feet; rear yard, forty (40) feet.
d.
Maximum building height, seventy (70) feet.
e.
Screen planting required where abutting residential uses.
f.
One (1) parking space per four (4) beds, plus one (1) space per doctor,
plus one (1) space per three (3) employees, plus one (1) space per
hospital vehicle.
g.
One (1) loading space per two hundred (200) beds.
8.
Institutional group home.
a.
Site development plan required.
b.
Minimum lot area, twelve thousand (12,000) square feet.
c.
Minimum gross floor area, one thousand (1,000) square feet per three
(3) residents, plus one hundred (100) square feet for each additional
resident.
d.
Must meet all applicable State and Federal licensing and operating
requirements.
9.
Junk yard or auto salvage.
a.
Must meet all district setback requirements.
b.
No boundary of the tract may be closer than three hundred (300) feet
to a residential use.
c.
Must meet all applicable requirements of the State of Missouri.
d.
Must be screened by a solid wall or solid painted fence a minimum
of eight (8) feet high.
e.
Minimum of one (1) parking space per two (2) employees and two (2)
loading/unloading berths with approved screening as determined necessary
by the Planning and Zoning Commission.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
10.
Medical or dental clinics.
a.
Minimum lot area of one (1) acre.
b.
Minimum yards: front yard, twenty-five (25) feet; side yard, forty
(40) feet; rear yard, forty (40) feet.
c.
Site development, landscape plan and site plan required with application.
d.
Must meet district height requirements.
e.
Minimum of one (1) parking space per two (2) employees, plus three
(3) parking spaces for each doctor practicing on the premises.
f.
Loading/unloading berths to be established in site development plan.
g.
Maximum of two (2) entrances from street providing access.
11.
Mineral extraction, borrow pit, topsoil removal and storage.
a.
Minimum yards: front yard, one hundred fifty (150) feet; side yard,
one hundred fifty (150) feet; rear yard, one hundred fifty (150) feet.
b.
No boundary of the tract may be closer than three hundred (300) feet
to a residential use.
c.
Must meet district height requirements.
d.
Property must be screened by a four (4) foot wire mesh fence or a
six (6) foot high by six (6) foot wide screen planting where it abuts
a residential use.
e.
Maximum of one (1) entrance from street providing access.
f.
Must meet all applicable mining and/or environmental regulations
of the State of Missouri.
12.
Offices.
a.
Minimum lot area of one (1) acre.
b.
Minimum yards: front yard, twenty-five (25) feet; side yard, forty
(40) feet; rear yard, forty (40) feet.
c.
Site development plan, landscape plan and site plan required with
application.
d.
Must meet district height requirements.
e.
Must meet all requirements for off-street parking and loading.
f.
Parking area must be a minimum of twenty-five (25) feet from any
adjoining residential use.
g.
Outdoor lighting to be approved.
13.
Outdoor theaters.
a.
Minimum yards: front yard, one hundred (100) feet; side yard, forty
(40) feet; rear yard, forty (40) feet.
b.
Perimeter of theater grounds must be screened by a painted board
fence, or equivalent, eight (8) feet high.
c.
Minimum of one (1) parking space per two (2) employees, in addition
to customer parking stalls.
d.
Site development plan required.
e.
Maximum of one (1) entrance from street providing access.
f.
Outdoor lighting to be approved.
14.
Outdoor recreation and amusement.
a.
Minimum yards: front yard, fifty (50) feet; side yard, forty (40)
feet; rear yard, forty (40) feet.
b.
Building setback from interior road, forty (40) feet.
c.
Site development and landscape plan required with application.
d.
Must meet district height requirements.
e.
Must be screened by a six (6) foot wire fence, or equivalent, where
accessible to the public and a screen planting eight (8) feet high
by six (6) feet wide where abutting a residential use.
f.
Minimum of one (1) parking space per three (3) employees, plus one
(1) parking space for each five hundred (500) square feet of use area.
Parking area(s) must be a minimum of twenty-five (25) feet from
any adjoining residential use, and any loading space must be a minimum
of fifty (50) feet from such use.
g.
Maximum of two (2) entrances from street providing access.
h.
Outdoor lighting to be approved.
15.
Golf driving ranges.
a.
Minimum yards: front yard, one hundred (100) feet; side yard, forty
(40) feet; rear yard, forty (40) feet.
b.
Fencing and/or screening required as necessary to protect abutting
property with screen planting eight (8) feet high and six (6) feet
wide where abutting a residential use.
c.
Minimum of one (1) parking space per three (3) employees, plus one
(1) space per driving tee, with parking area a minimum of twenty-five
(25) feet from any adjoining residential use.
d.
Maximum of one (1) entrance from street providing access.
e.
Outdoor lighting to be approved.
16.
Private recreational developments.
a.
Minimum yards: front yard as required in district; side yard, forty
(40) feet; rear yard, forty (40) feet.
b.
Site development and landscape plan required with application.
c.
Must meet district height requirements.
d.
Screen planting eight (8) feet high and six (6) feet wide required
where tract abuts a residential use.
e.
Minimum of one (1) parking space for each two (2) members or customers
with parking area a minimum of twenty-five (25) feet from any adjoining
residential use.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
17.
Produce or stockyard terminal.
a.
Use permitted not closer than three hundred (300) feet to a residential
use.
b.
Minimum lot area, twenty (20) acres.
c.
Site development plan required.
d.
Minimum yards: front yard, one hundred (100) feet; rear and side
yards, seventy-five (75) feet where abutting a residential use and
thirty-five (35) feet in all other instances.
e.
Building setback from centerline of any interior road, eighty-five
(85) feet.
f.
Must meet district height requirements.
g.
Tract must be bounded by a wire mesh fence six (6) feet high and
a screen planting six (6) feet high and six (6) feet wide where abutting
a residential use.
h.
Minimum of one (1) parking space per two (2) employees.
i.
Maximum of one (1) entrance from street providing access.
j.
Outdoor lighting to be approved.
18.
Commercial sewage or garbage disposal plant.
a.
Use permitted not closer than three hundred (300) feet to a residential
use.
b.
Minimum lot area, forty (40) acres.
c.
Minimum yards: front yard, three hundred (300) feet; side yard, three
hundred (300) feet; rear yard, three hundred (300) feet.
d.
Minimum of one (1) parking space for each employee per shift.
e.
Must meet all applicable requirements of the State of Missouri.
f.
Outdoor lighting to be approved.
19.
Off-street parking/parking garage.
a.
Minimum lot area, one thousand five hundred (1,500) square feet.
b.
Site development plan required.
c.
Maximum of one (1) entrance from street providing access.
d.
Outdoor lighting to be approved.
e.
No sales, dead storage, repair work or dismantling allowed on the
lot.
f.
Boundary wall or fencing as determined appropriate by the Planning
and Zoning Commission to protect any adjoining residentially zoned
or used property.
21.
Stables.
a.
Minimum lot area of one-half (½) acre, plus five thousand
(5,000) square feet of lot area per horse over four (4) horses.
b.
Minimum yards: front yard, one hundred (100) feet; side yard, one
hundred (100) feet; rear yard, one hundred (100) feet.
c.
Must meet district height requirements.
d.
Must have a screen planting six (6) feet high and six (6) feet wide
where abutting a residential use.
e.
Minimum of one (1) parking space per five thousand (5,000) square
feet and one (1) loading/unloading berth.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
22.
Truck freight terminal.
a.
Use permitted not closer than three hundred (300) feet to a residential
use.
b.
Site development plan required.
c.
Must meet district height and area requirements.
d.
Screen planting six (6) feet high and six (6) feet wide required
where abutting a residential use.
e.
Minimum of one (1) parking space per two (2) employees, plus four
(4) spaces for customers.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
24.
Adult uses.
a.
Shall be located on a lot having at least one hundred (100) feet
of frontage on an arterial street, and access shall be only from an
arterial street.
b.
Shall be located entirely within an enclosed building.
c.
Shall have no openings, entries or windows which permit view into
the building from any street, sidewalk or other public place.
d.
Shall not be located within one thousand (1,000) feet of any religious
institution, school, daycare, park, public building or any property
of residential zoning or use. Such distance shall be measured in a
straight line without regard to intervening properties from the closest
exterior wall of the building in which the adult use is located to
the closest property line of the religious institution, school or
public park, or the property zones for residential use.
e.
Shall not be located or expanded within one thousand (1,000) feet
of any other adult use. The distance between an adult use and another
adult use shall be measured in a straight line without regard to intervening
structures from the closest exterior structural wall of each business.
f.
Shall be provided with a screen, consisting of approved trees and
shrubbery, which shall be planted and maintained at a minimum of eight
(8) feet high by twenty (20) feet wide along interior lot lines or
where the lot abuts a residential district, except for approved access
points.
g.
Shall have at least one (1) parking space per seventy-five (75) feet
of interior floor area.
h.
Shall not have more than one (1) wall mounted sign and one (1) freestanding
sign.
i.
Shall not have signage in excess of forty (40) square feet total.
j.
Shall not have signage which moves, blinks, flashes or simulates
movement.
25.
Payday and title loan businesses.
a.
Shall not be located within one thousand (1,000) feet of another
non-chartered payday and title loan business.
b.
Shall not have more than one (1) wall-mounted sign and one (1) freestanding
sign.
c.
Shall not be located within two hundred (200) feet of any residential
property.
d.
A non-conforming use of land existing lawfully at the time of the
enactment of this Section may be continued, but shall not be extended,
expanded or enlarged. Those businesses that were in legal operation
at the same location as of the effective date of this Section shall
be considered as legal non-conforming uses. An existing business shall
be one that has been in continuous operation under the same business
name and ownership from and after the date of enactment of this Section.
26.
Windmill.
a.
The applicant shall provide technical specifications on windmill with the application for the special use permit that meet all requirements listed in the Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C). If the windmill is used for a non-power generating purpose, an Interconnect Agreement is not required.
b.
The applicant shall have an approved Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C). If the windmill is used for a non-power generating purpose, an Interconnect Agreement is not required.
c.
The installation of the windmill shall meet the height limits in
Table C of Title IV of the Municipal Code of the City of Farmington.
Height will be measured from base of tower to the top of the windmill,
not including the blades.
d.
The setbacks shall be measured from the outside diameter of the blades
on the windmill to the property line.
e.
The minimum overhead clearance shall be twelve (12) feet.
f.
The applicant shall obtain an accessory structure permit to install
any windmill.
g.
The special use permit shall expire if the windmill is not functional
for a period of more than sixty (60) days. For the purposes of this
Subsection, the windmill shall be considered non-functional if it
is not being used for its intended propose.
h.
The applicant shall submit engineering specifications for any tower
or structure erected to support the windmill. Said tower or structure
is subject to the approval by the City of Farmington.
i.
A non-conforming use of land existing lawfully at the time of the
enactment of this Section may be continued, but shall not be extended,
expanded or enlarged. Those towers, windmills and detached solar power
systems that were in legal operation at the same location as of the
effective date of this Section shall be considered as legal non-conforming
uses. Existing towers, windmills, and detached solar power systems
shall be those that have been in continuous operation under the same
ownership from and after the date of enactment of this Section.
27.
Detached solar power system.
a.
The applicant shall provide technical specifications on the detached solar power system with the application for the special use permit that meet all requirements listed in the Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C).
b.
The applicant shall have an approved Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C).
c.
The installation of the detached solar power system shall meet the
height limits in Table C of Title IV of the Municipal Code of the
City of Farmington.
d.
The applicant shall obtain an accessory structure permit.
e.
The special use permit shall expire if the detached solar power system
is not functional for a period of more than sixty (60) days. "Not functional" means in disrepair or not being used for
its intended purpose.
f.
The Building Inspector shall have the authority to require engineering
specifications for any structure erected to hold a detached solar
power system.
g.
A non-conforming use of land existing lawfully at the time of the
enactment of this Section may be continued, but shall not be extended,
expanded or enlarged. Those towers, windmills and detached solar power
systems that were in legal operation at the same location as of the
effective date of this Section shall be considered as legal non-conforming
uses. Existing towers, wind mills, and detached solar power systems
shall be those that have been in continuous operation under the same
ownership from and after the date of enactment of this Section.
[Ord. No. 11-2I Art. VI §3, 8-19-2002; Ord. No. 11-2I 10 §§1 — 2, 9-15-2003; Ord. No. 11-2I 12 §4, 12-15-2003; Ord. No. 11-2I 20 §§1
— 2, 8-23-2004; Ord. No. 11-2I 31 §1, 7-18-2005; Ord. No. 11-2I 33 §4, 8-15-2005; Ord. No. 11-2I 43 §1, 3-20-2006; Ord. No. 11-2I 81 §4, 3-2-2012]
A.
The
regulations hereinafter set forth in this Section qualify or supplement,
as the case may be, the district regulations appearing elsewhere in
this Chapter.
1.
Additional height regulations.
a.
Towers, chimneys, spires, cupolas, and other similar structures or
appurtenances to buildings or structures may be erected to a height
in accordance with all other applicable local, State and Federal requirements.
2.
Additional area regulations.
a.
More than one (1) industrial. commercial, residential, or institutional
building may be erected upon a single lot or tract, but the yards
and open spaces required around the boundaries of the lot or tract
shall not be encroached upon by any such buildings, nor shall there
be any change in the intensity of use requirements.
When more than one (1) industrial commercial, residential, or
institutional building is erected upon a single lot or tract, the
minimum distances between main or primary use buildings shall be as
follows:
Front to front, or front to rear, seventy (70) feet.
Front to side, rear to side, or side to side, one-half (½)
the height of the taller building but not less than thirty (30) feet.
Rear to rear, fifty (50) feet.
b.
Where an open space is more than fifty percent (50%) surrounded by
a building, the minimum width of the open space shall be thirty (30)
feet for one-story buildings, forty (40) feet for two-story buildings,
and fifty (50) feet for three-story buildings, sixty (60) feet for
four-story buildings, seventy-five (75) feet for five-story buildings.
3.
Additional yard regulations.
a.
In computing the depth of a rear yard, where such yard opens onto
an alley, one-half (½) of the alley width may be included as
a portion of the rear yard.
b.
Every part of a required yard shall be open to the sky, unobstructed,
except for accessory buildings in a rear yard, and except for the
ordinary projections of skylights, sills, belt courses, cornices,
and ornamental feature projections not to exceed two (2) feet.
c.
Projection of exit enclosures and exterior stairways and balconies
projecting into a yard not more than five (5) feet and the ordinary
projections of chimneys and flues may be permitted.
d.
For the purposes of side yard requirements, a two-family dwelling
shall be considered as one (1) building occupying a single lot.
e.
An uncovered, unenclosed porch not more than one (1) story in height
or paved terrace may project into a required front yard for a district
not exceeding (10) feet. An enclosed vestibule containing not more
than forty (40) square feet may project into the required front yard
for a distance not to exceed four (4) feet. No additional projections
shall be permitted where setback requirements have been determined
by averaging or variance.
f.
Terraces, uncovered porches, platforms, and ornamental features which
do not extend more than three (3) feet above the floor level of the
first (ground) story may project into a required yard, provided these
projections be distant at least two (2) feet from the adjacent side
lot line.
g.
When at least forty percent (40%) of a frontage is developed with
two (2) or more buildings, then the depth of the front yards heretofore
established shall be adjusted in the following manner:
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When the building furthest from the street provides a front
yard not more than ten (10) feet deeper than the building closest
to the street, then the average depth of the front yard for such frontage
shall be the minimum depth of front yard for new buildings in such
block.
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When the above is not the case and the lot is within one hundred
(100) feet of an existing building on each side, excluding, however,
buildings on corner lots which front upon the intersecting street,
then the depth of the front yard is determined by a line drawn from
the closest front corners of these two (2) adjacent buildings.
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h.
In all districts, an unobstructed space must be maintained at the
street intersection adjacent to a corner lot, free from any kind of
obstruction to vision, between the heights of three (3) and twelve
(12) feet above the established street grade. The street grade is
measured at the intersection of the centerlines of the intersecting
street pavements. The unobstructed space is determined by a diagonal
line connecting two (2) points measured fifteen (15) feet equidistant
from the intersection of the property lines, or the property lines
extended on the corner of the lot using each of the street right-of-way
lines, or on arc-shaped corners a diagonal line connecting the points
at each end of the arc.
i.
The yards or setbacks for buildings or structures shall be determined
in accordance with the least restrictive of the following methods.
[Ord. No. 11-2I 99 §§1 – 2, 3-24-2014]
(1)
The yards or setbacks shall be determined in accordance with
Table D of this Title.
(2)
The yards or setbacks shall be determined in accordance with
the yards and setbacks shown on a copy of the approved plat as filed
with the St. Francois County Recorder of Deeds and in effect on the
date of approval of the plat.
(3)
The yards or setbacks shall be determined by averaging
the yards or setbacks of the existing buildings on the side of the
street of the planned construction between two (2) intersecting streets
or between an intersecting street and a cul-de-sac or other similar
public roadway, where at least eighty percent (80%) of the lots have
been built upon with a main structure, with yards or setbacks less
than those required by Table D of this Title. The average yards or
setbacks determination in accordance with this Subsection shall be
verified by the Zoning Administrator in accordance with this Title.
j.
Additions or alterations to an existing residential building shall
comply with the yards or setbacks required for the zoning district
in which the building is located in accordance with this Chapter,
or shall be provided with yards or setbacks not less than the existing
yards or setbacks of the building, whichever is least restrictive.
k.
No person shall construct or reconstruct a building or structure
except an approved fence over an existing underground utility easement
of record or not of record or so close in proximity to an existing
utility easement or utility as to prevent the routine maintenance,
replacement or removal.
l.
Accessory buildings or structures ordinarily permitted only in a
rear yard may be located in the interior side yard of building on
a corner lot where that part of the building customarily referred
to as the back or rear is constructed along said side yard and approved
by the Zoning Administrator. The required setbacks for the accessory
structure shall be the same as if the structure was located in the
rear yard.
m.
No setbacks or yard areas shall be required for condominium units.
No side setbacks or yards shall be required for townhouses.
n.
Ramps, and similar structures, or appurtenances to buildings required
for handicapped accessibility or structures shall not be subject to
yard requirements.
o.
Where at least fifteen percent (15%) of the perimeter of a garage
is contiguous with a main building, the garage shall be considered
attached and part of the main building. Where less than fifteen percent
(15%) of the perimeter of a garage is contiguous with a main building,
the garage shall be considered an accessory building and shall be
subject to the provisions of this Chapter pertaining to accessory
buildings.
p.
Setbacks or yard areas for the "R-4" and "C-2" Districts shall be
increased by ten (10) feet for every additional story in height beyond
the first (1st) story.
[Ord. No. 11-2I Art. VI §4, 8-19-2002]
A.
The
regulations hereinafter set forth in this Section supplement applicable
regulations of the district in which the use is located.
1.
Accessory uses. Accessory uses of buildings or land
in any district which are customarily incidental and clearly secondary
to the main use may be permitted.
2.
Off-street parking. Off-street parking shall be
in accordance with the requirements of this Chapter for off-street
parking and loading, including Table F and Table G, at the end of
this Title.
3.
Home occupations. Permitted home occupations shall
be as designated by Table A, at the end of this Title and in accordance
with the requirements of this Section. All home occupations shall
be subject to the following conditions:
a.
Shall be carried on entirely within the main building or accessory
structures of the main building.
b.
Shall be carried on by a member of the family residing at the building
or property.
c.
Shall not employ any person who is not a resident of the premises.
d.
Shall not require special construction to accommodate the use.
e.
Shall not employ the use of equipment which creates offensive noise,
vibration, sound, smoke, dust, odors, heat, glare, X-ray, or disturbance
to radio or television reception.
f.
Shall not generate substantial volumes of vehicular or pedestrian
traffic or parking demand.
g.
Shall not have more than one (1) sign which shall not exceed one
(1) square foot in area.
h.
Shall not under any circumstances include child or day care, auto
repair, antique shops, sign painting, restaurants, appliance shops,
stables, kennels or animal hospitals, manufacturing, assembly or similar
uses.
|
|
Additional home occupations which are similar to those listed
and comply with all the other requirements of this Section may be
permitted by the Zoning Administrator. Such Uses shall not:
| |
|
a.
|
Substantially increase traffic hazards or congestion.
| |
|
b.
|
Adversely affect the character of the neighborhood.
| |
|
c.
|
Substantially increase fire hazards.
| |
|
d.
|
Adversely affect the general welfare of the community.
| |
|
e.
|
Overtax public utilities.
| |
|
f.
|
Be in conflict with the City's Comprehensive Plan.
| |
[Ord. No. 11-28D16 §1, 4-16-2001; Ord. No. 11-2I Art. VI §5, 8-19-2002; Ord. No. 11-2I7 §§1 — 2, 6-16-2003; Ord. No. 11-2I 8 §§1 — 2, 6-16-2003; Ord. No. 11-2I 13 §1, 1-19-2004; Ord. No. 11-2I 28 §§1
— 4, 4-18-2005; Ord. No. 11-2I 31 §5, 7-18-2005; Ord. No. 11-2I 36 §1, 12-19-2005; Ord. No. 11-2I 41 §8, 1-16-2006; Ord. No. 11-2I 52 §1, 2-27-2007; Ord. No. 11-2I 71 §1, 4-14-2011; Ord. No. 11-2I 76 §3, 11-10-2011; Ord. No. 11-2I 78 §3, 1-10-2012; Ord. No. 11-2I 85 §2, 6-21-2012; Ord. No. 11-2I 90 §§2 — 4, 11-26-2012]
A.
General. The regulations hereinafter set forth in this Section
supplement applicable regulations of the district in which the building
or structure is located. 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
unless the main building on the lot is also being used for dwelling
purposes.
B.
Location. Accessory buildings may be constructed or installed
in a required rear yard, but such accessory building shall not occupy
more than thirty percent (30%) of a required rear yard and shall not
be nearer than five (5) feet to any side or rear lot line or the width
of any recorded or unrecorded utility easement, whichever is greater,
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 an accessory
building 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.
C.
Portable Or Movable Storage Buildings Or Sheds. Portable
or a movable storage shed or sheds are considered accessory buildings
and may be installed in a rear yard only and shall not be nearer than
five (5) feet to any side or rear lot line or the width of any recorded
or unrecorded utility easement, whichever is greater. If the storage
building is located closer than ten (10) feet to the main building,
the storage building shall be regarded as part of the main building
for the purposes of determining side and rear yards.
D.
Portable Carports. Portable carports entirely open on two
(2) or more sides shall be permitted in a required side yard and not
nearer than five (5) feet to any side lot line. Any carport not entirely
open on two (2) or more sides shall be permitted only in a rear yard
not nearer than five (5) feet to any side or rear lot line. Any portable
carport in a required rear yard closer than ten (10) feet to the main
building shall be regarded as part of the main building for determining
side and rear yards. No such carport shall extend forward of the front
line of the main building except in an "R-5" Manufactured and Recreational
Residential District. Portable carports shall be permitted in the
required front yard in an "R-5" Manufactured and Recreational Residential
District. Where the carport is installed in a side yard, one (1) open
side shall face the street or right-of-way providing access to the
front yard of the lot.
E.
Fences. Fences may be permitted in accordance with this
Section.
1.
Fences may be constructed on a common property line.
2.
A permit to construct a fence does not constitute acknowledgment
of the lot lines involved.
3.
No fence shall be erected that is composed of agricultural type materials
including barbed wire, woven wire fence, poultry fence and "T-posts".
4.
Fences shall not exceed eight (8) feet height where accessory to
a residential use.
5.
Fences shall not exceed the greater of either ten (10) feet in height
or a 1:2 ratio in relation to building height where accessory to a
commercial or industrial use. Garden centers, batting cages and similar
structures customarily requiring greater heights shall not exceed
twenty-five (25) feet.
6.
No fence accessory to a residential use may exceed four (4) feet
in height forward of the front line of the main building or beyond
the required building setback line on corner lots whenever the fence
is located forward of the rear line of the main building.
7.
No attachment, appurtenance, architectural embellishment or similar
feature shall be permitted to extend more than one (1) foot above
the permitted height for any fence.
10.
Fences constructed on City right-of-way shall be prohibited and shall
be removed at the cost of the owner.
11.
All fences constructed along a street line or other public way shall
meet the requirements for boundary fences as set forth above.
12.
The finished side of the fence must be faced outward.
13.
Any fence constructed in a City easement may be subject to removal
at the discretion of the City. The owner of said fence shall be responsible
for any desired restoration of the fence.
14.
The installation of the fence shall not disturb existing drainage.
15.
All posts for fences greater than eight (8) feet in height shall
be supported by concrete below the frost line.
16.
No permit shall be issued for a property boundary fence to be located
on a common property line unless the permit application has been signed
by the owners of each of the contiguous tracts of property that the
boundary fence shall border.
F.
Swimming Pools, Spas, Or Hydromassage Tubs, And Appurtenances Thereto.
[Ord. No. 11-2I 177, 2-27-2023[4]]
1.
Swimming pools, spas, hydromassage tubs and any appurtenances thereto
may be located and installed in the following locations:
a.
In a rear yard not closer than ten (10) feet to any property line,
except for boundary fences also serving as pool barriers.
b.
Inside or within an enclosed or open building or structure.
c.
Within a courtyard.
d.
Within the allowable building area of a building or structure as
long as said area is located entirely within or behind the principle
use building or structure.
e.
In an interior side yard on a corner lot, double-frontage or through
lot, or a multiple-frontage lot.
2.
Swimming pools, spas, hydromassage tubs and any appurtenances thereto
shall not be located or installed in any Industrial Zoning District.
3.
The required setbacks and thirty percent (30%) maximum rear yard
coverage for accessory buildings and structures located in an allowed
interior side yard shall be the same as if the swimming pool or other
accessory buildings or structures were in the rear yard.
4.
The rear yard and side yard area on a corner lot, double-frontage
or through lot, or a multiple-frontage lot may be combined when calculating
the maximum rear yard coverage of accessory buildings and structures.
5.
In-ground swimming pools, as defined, shall not count toward calculating
overall maximum lot coverage or toward calculating maximum lot coverage
in the rear or allowed side yard, but are subject to the required
setbacks.
6.
Temporary inflatable swimming pools complying with the provisions
of this Chapter and the adopted Building Code, which are erected for
a period of time not exceeding one hundred eighty (180) days shall
not require a permit.
[4]
Editor's Note: Section 3 of Ord. No. 11-2I 177 also stated:
A non-conforming use of land existing lawfully at the time of the
enactment of this section may be continued, but shall not be extended,
expanded or enlarged.
G.
Signs. Signs shall be designed and constructed in accordance
with the Building Code and comply with the following requirements.
1.
Residential uses or districts.
a.
Maximum of one (1) sign not to exceed eight (8) square feet in area,
pertaining to the sale or lease of the premises or trespassing thereon,
which shall not require a permit.
b.
Maximum of one (1) sign not exceeding one (1) square foot in area
for a permitted home occupation.
c.
Maximum of one (1) freestanding sign not exceeding forty (40) square
feet at each entrance of a church, school, institution or similar
use for the purpose of listing the church, school or institution name
and pertinent information; a maximum of (2) signs on any two (2) sides
of such a building each not exceeding forty (40) square feet; and
temporary signs consistent with the permitted size requirements of
this Section.
d.
Maximum of two (2) permanent signs not exceeding forty (40) square
feet at each entrance of a subdivision or other development for the
purpose of listing the name of the subdivision or development and
contact information for the owner or management where applicable.
e.
Maximum of one (1) sign not exceeding seventy (70) square feet at
each entrance of a subdivision or other development for the purpose
of displaying the plat or other layout, real estate agent and other
information pertinent to the subdivision or development. Such signs:
f.
Maximum of one (1) sign not exceeding forty-eight (48) square feet
at the entrance of each phase of a subdivision or other development
for the purpose of displaying the layout of the phase and other information
pertaining to that phase. Such signs:
g.
Maximum of one (1) common sign structure at each entrance of a subdivision
or other development for the purpose of displaying signs for the contractors,
subcontractors, financial institutions and real estate agents associated
with the subdivision or development. Such sign structures:
h.
Signs necessary for the orderly use of off-street parking facilities
which shall not require a permit.
i.
The height of signs and sign structures shall not exceed ten (10)
feet.
j.
Maximum of one (1) sign not exceeding twenty-four (24) square feet
and one (1) building sign not exceeding two (2) square feet for a
commercial use in a residential zoning district permitted by a Special
Use Permit or Planned Unit Development issued pursuant to this Chapter.
Such signs shall be submitted to the Planning and Zoning Commission
for approval of the character, design, and color to ensure compatibility
with the character of surrounding residential property. Such signs
shall not be illuminated between the hours of 10:00 P.M. and 7:00
A.M. Signs and sign structures advertising a use which is discontinued
voluntarily or by revocation or expiration of a Special Use Permit
or a Planned Unit Development shall be removed within ninety (90)
days.
[Ord. No. 11-2I 129 , 7-24-2017; Ord. No. 11-2I 170, 7-25-2022]
2.
Commercial uses or districts.
a.
Signs and sign structures advertising a use which is discontinued
shall be removed within ninety (90) days.
b.
The height and area of signs shall be in accordance with Tables K,
L and M at the end of this Title.
c.
Shall be located on the same lot of record as the subject of the
advertisement.
d.
Freestanding signs for advertising multiple uses in the same building
or group of buildings, such as malls, office buildings or complexes,
shall be located on common sign structures. One (1) common structure
shall be permitted for each street frontage. Common sign structures
shall be separated by at least one hundred fifty (150) feet.
e.
The height of a wall sign may exceed the maximum height specified
in Table K, L or M but shall not exceed the height of the building
to which it is accessory.
f.
Signs and sign structures for the purpose of providing directions
to churches, schools, public facilities, civic organizations and other
similar facilities may be placed on property other than the lot of
record. Signs permitted under this Section shall not exceed twenty
(20) square feet. Sign structures permitted under this Section shall
not exceed twelve (12) feet in height.
g.
Freestanding common signs for advertising multiple business uses
which are located within a common commercial subdivision or development
shall be permitted under the following:
(1)
Written permission is required from the property owner(s) of
the property upon which the sign will be installed.
(2)
A permanent sign easement shall be provided. Sign easements
may not conflict with any recorded or unrecorded utility or utility
easement.
(3)
Shall be located a minimum of one hundred fifty (150) feet from
existing freestanding signs and shall be located not more than seventy-five
(75) feet from a main public roadway entrance or intersection into
or adjacent to said common commercial subdivision or development.
Common sign structures located on the same property shall be separated
by at least one hundred fifty (150) feet and shall be separated by
at least seventy-five (75) feet from freestanding signs located on
adjoining properties. For the purposes of this Subsection, menu board
signs not exceeding twenty (20) square feet in size and not more than
ten (10) feet above finish grade, and directional signs not exceeding
ten (10) square feet in size and not more than ten (10) feet above
finish grade shall not count against this provision.
(4)
Shall not exceed forty (40) feet in height unless otherwise
specifically allowed by Table K, L or M for the subject property.
(5)
Shall not exceed two hundred (200) square feet in sign area
per sign face unless otherwise specifically allowed by Table K, L
or M for the subject property.
(6)
Off-premise common commercial subdivision or development signs
must not result in non-compliance with the standards of this Chapter
for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2)
off-premise common commercial subdivision or development signs pursuant
to this Subsection would be located within the same common commercial
subdivision or development.
(8)
Shall comply with the applicable construction standards of the
adopted Building Codes.
h.
Off-premise freestanding signs for a lot without adequate and direct
public street access shall be permitted under the following:
(1)
The sign is located on a contiguous property to which the sign
message is applicable and that the contiguous property has adequate
and direct public street frontage for said sign.
(2)
Written permission is required from the property owner(s) of
the property upon which the sign will be installed.
(3)
A permanent sign easement shall be provided. Sign easements
may not conflict with any recorded or unrecorded utility or utility
easement.
(4)
Freestanding signs located within the subject property shall
be located on common sign structures complying with the provisions
of this Section. One (1) common structure shall be permitted for each
public street frontage. Common sign structures located on the same
property shall be separated by at least one hundred fifty (150) feet
and shall be separated by at least seventy-five (75) feet from freestanding
signs located on adjoining properties. For the purposes of this Subsection,
menu board signs not exceeding twenty (20) square feet in size and
not more than ten (10) feet above finish grade, and directional signs
not exceeding ten (10) square feet in size and not more than ten (10)
feet above finish grade shall not count against this provision.
(5)
The height and area of said signs shall be in accordance with
Tables K, L and M at the end of this Title.
(6)
The sign must not result in non-compliance with the standards
of this Chapter for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2)
off-premise freestanding signs for a lot without adequate and direct
public street access would be located on the same property pursuant
to this Subsection.
(8)
A special use permit shall be required for off-premise freestanding
signs for a lot without adequate and direct public street access when
more than one (1) contiguous property to which the sign message is
applicable, which under these provisions and pursuant to this Subsection
would be utilized.
(9)
Shall comply with the applicable construction standards of the
adopted Building Codes.
3.
Industrial districts.
a.
Signs and sign structures advertising a use which is discontinued
shall be removed within ninety (90) days.
b.
The height and area of signs shall be in accordance with this Section
and Tables K, L and M at the end of this Title.
c.
Shall be located on the same lot of record as the subject of the
advertisement. The content of the sign shall be limited to the identification
of the businesses on the lot, or the products or services sold or
produced on the premises, and the name of the establishment.
d.
Freestanding signs for advertising multiple uses in the same building
or group of buildings, such as multiple use or tenant buildings or
complexes, shall be located on common sign structures. One (1) common
structure shall be permitted for each public street frontage.
e.
Common sign structures located on the same property shall be separated
by at least one hundred fifty (150) feet and shall be separated by
at least seventy-five (75) feet from freestanding signs located on
adjoining properties.
f.
The height of a wall sign may not exceed the maximum height specified
in Table K, L or M but shall not exceed the height of the building
or structure to which it is accessory.
g.
Notwithstanding the requirements of this Title, signs and sign structures
for the purpose of providing directions to churches, schools, public
facilities, civic organizations and other similar established non-profit
organization facilities may be placed on property other than the lot
of record in accordance with the following:
(1)
Signs permitted under this Section shall not exceed twenty (20)
square feet.
(2)
Sign structures permitted under this Section shall not exceed
twelve (12) feet in height.
(3)
Written permission is required from the property owner(s) of
the property upon which the sign will be installed.
(4)
A permanent sign easement shall be provided. Sign easements
may not conflict with any recorded or unrecorded utility or utility
easement.
(5)
A special use permit shall be required when more than two (2)
signs pursuant to this Subsection would be located within the same
lot of record.
h.
Billboards are permitted strictly for a main use in accordance with
Table A at the end of this Title, shall be considered an accessory
structure, and shall meet all requirement for the main use for the
district in which permitted.
i.
Notwithstanding the requirements of Subparagraph (d) of this Subsection,
temporary signs, relating only to the sale or lease of the premises,
may be located in a front yard; and a temporary sign relating to the
announcement of a proposed building or plant location may be located
within the building area of the site for a period of not more than
one (1) year unless authorized in writing by the City Administrator.
j.
No sign shall be lighted by means of flashing or intermittent illumination.
k.
Freestanding common signs for advertising multiple business uses
which are located within a common industrial subdivision or development
shall be permitted under the following:
(1)
Written permission is required from the property owner(s) of
the property upon which the sign will be installed.
(2)
A permanent sign easement shall be provided. Sign easements
may not conflict with any recorded or unrecorded utility or utility
easement.
(3)
Shall be located a minimum of one hundred fifty (150) feet from
existing freestanding signs and shall be located not more than seventy-five
(75) feet from a main public roadway entrance or intersection into
or adjacent to said common commercial subdivision or development.
Common sign structures located on the same property shall be separated
by at least one hundred fifty (150) feet and shall be separated by
at least seventy-five (75) feet from freestanding signs located on
adjoining properties. For the purposes of this Subsection, menu board
signs not exceeding twenty (20) square feet in size and not more than
ten (10) feet above finish grade, and directional signs not exceeding
ten (10) square feet in size and not more than ten (10) feet above
finish grade shall not count against this provision.
(4)
Shall not exceed forty (40) feet in height unless otherwise
specifically allowed by Table K, L or M for the subject property.
(5)
Shall not exceed two hundred (200) square feet in sign area
per sign face unless otherwise specifically allowed by Table K, L
or M for the subject property.
(6)
Off-premise common industrial subdivision or development signs
must not result in non-compliance with the standards of this Chapter
for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2)
off-premise common industrial subdivision or development signs pursuant
to this Subsection would be located within the same common industrial
subdivision or development.
(8)
Shall comply with the applicable construction standards of the
adopted Building Codes.
l.
Off-premise freestanding signs for a lot without adequate and direct
public street access shall be permitted under the following:
(1)
The sign is located on a contiguous property to which the sign
message is applicable and that the contiguous property has adequate
and direct public street frontage for said sign.
(2)
Written permission is required from the property owner(s) of
the property upon which the sign will be installed.
(3)
A permanent sign easement shall be provided. Sign easements
may not conflict with any recorded or unrecorded utility or utility
easement.
(4)
Freestanding signs located within the subject property shall
be located on common sign structures complying with the provisions
of this Section. One (1) common structure shall be permitted for each
public street frontage. Common sign structures located on the same
property shall be separated by at least one hundred fifty (150) feet
and shall be separated by at least seventy-five (75) feet from freestanding
signs located on adjoining properties. For the purposes of this Subsection,
menu board signs not exceeding twenty (20) square feet in size and
not more than ten (10) feet above finish grade, and directional signs
not exceeding ten (10) square feet in size and not more than ten (10)
feet above finish grade shall not count against this provision.
(5)
The height and area of said signs shall be in accordance with
Tables K, L and M at the end of this Title.
(6)
The sign must not result in non-compliance with the standards
of this Chapter or Title for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2)
off-premise freestanding signs for a lot without adequate and direct
public street access would be located on the same property pursuant
to this Subsection.
(8)
A special use permit shall be required for off-premise freestanding
signs for a lot without adequate and direct public street access when
more than one (1) contiguous property to which the sign message is
applicable, which under these provisions and pursuant to this Subsection
would be utilized.
(9)
Shall comply with the applicable construction standards of the
adopted Building Codes.
4.
Temporary signs.
a.
Temporary signs or banners. Temporary signs or banners
shall be permitted under the following:
(1)
Shall not be displayed in excess of sixty (60) consecutive days.
(2)
Shall not be displayed intermittently in excess of one hundred
twenty (120) days during a calendar year.
(3)
Shall not exceed thirty (30) square feet in size or more than
six (6) feet in total height above finish grade.
(4)
Must not result in non-compliance with the standards of this
Chapter and Title for the property upon which the sign is placed.
(5)
Shall not exceed one (1) temporary sign or banner for each public
street frontage or for each one hundred fifty (150) feet, or fraction
thereof, of public street frontage.
(6)
Shall not require a permit when said installation is in accordance
with the provisions of this Subsection.
b.
Temporary display flag, advertising blade, or portable graphic
display. Display flags, advertising blades, or portable graphic
displays shall be permitted under the following:
(1)
Shall not be displayed in excess of sixty (60) consecutive days.
(2)
Shall not be displayed intermittently in excess of one hundred
twenty (120) days during a calendar year.
(3)
Shall not exceed thirty (30) square feet in size or more than
ten (10) feet in total height above finish grade.
(4)
Must not result in non-compliance with the standards of this
Chapter and Title for the property upon which the temporary display
flag, advertising blade, or portable graphic display is placed.
(5)
Shall not exceed one (1) temporary display flag, advertising
blade, or portable graphic display for each fifty (50) feet, or fraction
thereof, of public street frontage.
(6)
Shall not require a permit when said installation is in accordance
with the provisions of this Subsection.
7.
Flags.
a.
Shall meet the requirements of this Section, except the flags of
the local, State and Federal governments.
8.
Storefront display windows.
a.
Shall not be subject to the requirements of this Chapter for signs.
10.
Additional requirements.
a.
Signs shall not be located in a public right-of-way, except where
erected or sanctioned by the local, State or Federal Government.
b.
Self-changing electronic display boards or "reader boards" shall
not appear to blink, flash or otherwise cycle between off and on phases
of illumination more frequently than one (1) cycle per four (4) seconds,
except to produce the illusion of vertical or horizontal scrolling.
c.
Posts, supports, platforms, footings, piers, monuments, or other
similar components or features that might remain or exist on a property
shall not be construed as being a sign and shall not grant the ability
to place a sign in said location unless the location complies with
the provisions of this Chapter and Title.
d.
Where multiple signs are installed on a single lot of record, the
following shall also apply:
(1)
The total aggregate area of all signs installed upon a building
shall not exceed twenty percent (20%) of the total exterior wall surface
area for each face of the building, including window or door openings.
(2)
Shall not exceed the total aggregate square footage allowed
by Tables K, L, and M when applied to the total linear perimeter of
a lot or an overall aggregate square footage equal to four (4) times
that allowed for a single sign, whichever is greater.
e.
Freestanding or monument signs shall be provided with a minimum ten
(10) foot setback from a property line.
f.
Freestanding or monument signs shall be provided with a minimum setback
from a roadway intersection as determined by a diagonal line connecting
two (2) points measured twenty five (25) feet equidistant from the
intersection of the property lines, or the property lines extended
on the corner of the lot using each of the street right-of-way lines,
or on arc-shaped corners a diagonal line connecting the points at
each end of the arc.
g.
Freestanding or monument signs shall be provided a minimum setback
from a roadway intersection between public and private roadways or
drive entrances, or multiple private roadways or drive entrances,
as determined by a diagonal line connecting two (2) points measured
twenty five (25) feet equidistant from the intersection of the property
lines, or the property lines extended on the corner of the lot using
each of the street right-of-way lines, or on arc-shaped corners a
diagonal line connecting the points at each end of the arc, or a combination
of these methods for a public right-of-way connection between a drive
entrance or a private roadway connection which may be measured from
and parallel to the nearest edge of pavement, curb, or drive surface
for said drive entrance or private roadway connection.
h.
Signs installed upon freestanding structures other than the primary
use building shall be considered as and shall count towards the allowable
number of freestanding signs allowed for a single lot of record in
accordance with the provisions of this Section.
i.
Signs installed on a freestanding accessory building or structure
not customarily utilized for the installation of signs shall not exceed
the height of the accessory building or structure it is installed
upon. This provision shall include, but is not limited to, fences,
dumpster enclosures, portable or permanent storage buildings or structures,
modular structures, transportation or storage containers, carports,
or similar structures that are not the primary use building.
j.
Common sign structures located on the same property shall be separated
by at least one hundred fifty (150) feet and shall be separated by
at least seventy-five (75) feet from freestanding signs located on
adjoining properties. For the purposes of this Subsection, menu board
signs not exceeding twenty (20) square feet in size and not more than
ten (10) feet above finish grade, and directional signs not exceeding
ten (10) square feet in size and not more than ten (10) feet above
finish grade shall not count against this provision.
k.
Notwithstanding the requirements of paragraph (d) of this Subsection,
one (1) additional approved menu board sign not exceeding twenty (20)
square feet in size and not more than ten (10) feet above finish grade
and one (1) additional approved directional sign not exceeding ten
(10) square feet in size and not more than ten (10) feet above finish
grade, may be permitted in addition to the signs otherwise allowed
by this Section.
l.
A portable marquee or message sign shall not be considered a temporary
sign and shall comply with the sign provisions in accordance with
the definition of a permanent sign or sign structure pursuant to the
standards of this Section.
m.
Notwithstanding the requirements of this Title, signs and sign structures
for the purpose of providing directions to churches, schools, public
facilities, civic organizations and other similar established non-profit
organization facilities may be placed on property other than the lot
of record in accordance with the following:
(1)
Signs permitted under this Section shall not exceed twenty (20)
square feet.
(2)
Sign structures permitted under this Section shall not exceed
twelve (12) feet in height.
(3)
Written permission is required from the property owner(s) of
the property upon which the sign will be installed.
(4)
A permanent sign easement shall be provided. Sign easements
may not conflict with any recorded or unrecorded utility or utility
easement.
(5)
A special use permit shall be required when more than two (2)
signs pursuant to this Section would be located within the same lot
of record.
(6)
Must not result in non-compliance with the standards of this
Chapter and Title for the property upon which the sign is placed.
n.
Where exterior lighting is used to illuminate a sign, it shall be
designed and installed to direct light onto the sign face and away
from adjoining properties.
o.
No electronic changeable messaging signs are allowed in any National,
State, or locally designated Historic District or upon any National,
State or locally designated historic properties not within a designated
district, but are otherwise allowable subject to the provisions of
this Chapter.
[Ord. No. 11-2I 156, 2-22-2021]
H.
Satellite Television Antennas. Satellite television antennas
greater than twenty-four (24) inches in diameter may be located only
in a rear yard, except that commercial installations may be located
on a roof or antenna structure. All installations shall be in accordance
with the Building Code.
[Ord. No. 11-2I Art. VI §6, 8-19-2002; Ord. No. 11-2I 5 §1, 6-16-2003; Ord. No. 11-2I 15 §2, 3-22-2004; Ord. No. 11-2I 41 §§6 —
7, 1-16-2006; Ord. No.
11-2I 56 §1, 4-25-2007; Ord. No. 11-2I 68 §§1 — 2, 10-7-2009]
A.
General. Off-street parking and loading facilities shall
be provided for all buildings, structures and uses in accordance with
Table F and Table G at the end of this Title and this Section.
B.
Location. Off-street parking facilities shall be located
on the same lot of record as the use served, except for approved shared
parking facilities or remote parking facilities.
C.
Existing Facilities. Existing off-street parking and loading
facilities shall be permitted to remain in use.
D.
Permitted Reductions. Off-street parking and loading facilities
may be reduced proportional to any decrease in dwelling units, floor
area, seating capacity, number of employees, or other unit of measurement
specified in accordance with Table F at the end of this Title and
this Section.
E.
Required Increases. Off-street parking and loading facilities
shall be increased proportional to any increase in dwelling units,
floor area, seating capacity, number of employees, or other unit of
measurement specified in accordance with Table F at the end of the
Title and this Section.
F.
Other Requirements. Any fractions of spaces or loading facilities
determined in accordance with this Section shall be counted as a whole
additional space.
G.
Alternative Parking Plan. A plan for alternative parking
arrangements may be submitted to the Zoning Administrator for parking
facilities in the Central Business District or for any use as noted
in Table F.
H.
Landscaping For Vegetation Islands In Parking Lots. Vegetation
islands shall be located within the designated parking area for parking
lots having fifteen (15) or more parking spaces. Vegetation islands
shall be created at a ratio of one (1) square foot of vegetation island
per fifteen (15) square feet of paved area, and shall contain mature
trees and plantings known to flourish in this region. Vegetation islands
installed shall offset the total number of parking spaces required
at a ratio of one hundred sixty two (162) square feet of vegetation
islands per parking space.
[Ord. No. 11-2I 130, 7-24-2017]
|
Rain gardens (bio-retention areas) designed to include landscaping
mulch, stone, native plantings, etc., for the purpose of percolating
rain into the soil shall be accepted as a vegetation island and may
be included on the perimeter of the parking area. Rain gardens installed
adjacent to the parking area shall not offset the total number of
parking spaces required and shall not reduce the number of required
vegetation islands within the designated parking area by more than
fifty percent (50%).
|
I.
Off-Street Parking Facilities. Off-street parking facilities
shall be designed in accordance with the following requirements.
J.
K.
Access. Parking facilities shall be designed with adequate
means of vehicular access to a street or alley in such a manner to
least interfere with the movement of traffic. Multiple curb cuts or
drives shall be separated by at least three (3) feet. Adequate turnarounds
shall be provided where only one (1) exit or entry is provided. Access
roads for ordinary and emergency vehicle traffic shall not be less
than twenty-six (26) feet wide.
[Ord. No. 11-2I 130, 7-24-2017]
1.
Access aisles for angle parking, forty-five degrees (45°) or
less which will be accessed from one (1) direction shall be at least
twelve (12) feet wide.
2.
Access aisles for all perpendicular parking, parallel parking, any
angle parking greater than forty-five degrees (45°) or any angle
parking which will be accessed from more than one (1) direction shall
be at least twenty-four (24) feet wide.
L.
Striping. All parking spaces shall be properly marked by
durable paint stripes a minimum of four (4) inches wide and extending
the length of the parking space. Parking stripes shall be white or
yellow for parking spaces or red to mark fire lanes.
[Ord. No. 11-2I 130, 7-24-2017]
M.
Surfacing. All open off-street parking areas, except those
accessory to single-family dwellings, shall be improved with a compacted
stone base, not less than four (4) inches thick, surfaced with not
less than one and one-half (1½) inches of asphaltic concrete
or some other comparable all-weather dustless material. All such parking
areas shall be paved within twelve (12) months of completion of building
construction.
N.
Lighting. A system of lighting shall be installed to provide
an adequate standard of illumination over the entire parking lot.
All lights, other than publicly installed street lights, shall be
located and installed to reflect the light away from abutting properties
zoned for or developed with residential structures and shall be shielded
so that minimum glare will extend to adjacent property.
O.
Stormwater. Adequate stormwater runoff facilities shall
be provided in accordance with the Stormwater Management Ordinance.
P.
Location. Off-street automobile parking facilities shall
be located as hereinafter specified.
1.
One- and two-family dwellings on the same lot with the building they
are required to serve. Three- and four-family dwellings not over two
(2) stories in height; row dwellings, not over one and one-half (1½)
stories in height, 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 a single ownership
or management shall be assumed to be on a single lot or parcel of
land.
2.
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, nor 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 a multiple-family district or a less restricted district.
3.
Clubs, hospitals, sanitariums, orphanages, homes for the aged, convalescent
homes, and for 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 the zoning
lot upon which is located the building or buildings they are intended
to serve.
4.
Uses other than those specified, 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 over one
thousand (1,000) feet away from any entrance of the main building
measured from the nearest point of the parking area, provided the
separate lot or parcel of land intended for the parking facilities
is located in the same zoning district as the principal permitted
use or in a less restricted district.
Q.
Loading And Unloading Spaces. Loading and unloading spaces
shall be designed in accordance with the following requirements:
1.
Description. An off-street loading space shall be
a hard-surfaced area of land, open or enclosed twelve (12) feet by
fifty (50) feet other than a street or public way, used principally
for the standing, loading or unloading of motor trucks, tractors and
trailers so as to avoid undue interference with the public use of
streets and alleys.
2.
Surfacing. All open off-street loading spaces shall
be improved with a compacted macadam base, not less than seven (7)
inches thick, surfaced with not less than two (2) inches of asphaltic
concrete or some comparable all-weather dustless material.
3.
Location. No permitted or required loading spaces
shall be closer than fifty (50) feet to any property in a residential
district unless completely enclosed by building walls, or a uniformly
painted solid fence or wall, or any combination thereof not less than
six (6) feet in height. No permitted or required loading berth shall
be located within twenty-five (25) feet of the nearest point of intersection
of any two (2) streets. Loading berths open to the sky may be located
in any required yards.
R.
Additional Off-Street Parking And Loading Requirements. The
following requirements shall supplement other requirements of this
Section.
1.
Residential districts.
a.
Use of off-street parking facilities. Off-street
parking facilities accessory to a residential use and developed in
any residential district in accordance with the requirements of this
Section shall be used solely for the parking of passenger automobiles
or commercial vehicles not more than one (1) ton GVW owned by occupants
of the dwelling structures to which such facilities are accessory
or by guests of said occupants.
b.
No motor vehicle parked in a manufactured home park or subdivision
shall be parked closer than three (3) feet from the home with which
it is associated, nor closer than ten (10) feet from adjacent homes.
c.
No parking facilities accessory to a commercial or industrial use
shall be located in a residential district.
2.
Industrial districts.
a.
Where access to a use or structure permitted herein will require
a driveway or off-street parking, no more than two (2) points of ingress
or egress shall be permitted unless a special use exception for additional
points is granted. All points of ingress and egress shall be well
defined and located at least thirty (30) feet from any intersecting
street corner. All driveways for ingress and egress shall be paved
with a sealed-surface pavement and maintained in such a manner that
no dust will be produced by continued use. All such driveways shall
have a minimum of twelve (12) feet and a maximum of thirty (30) feet
in width for each traffic lane. Two (2) or more property owners having
a legal agreement describing their joint right to property access
may jointly share a driveway or access road.
b.
Parking. Employee, customer, owner or tenant parking
shall not be permitted on public streets and all such parking facilities
shall be provided in off-street areas. All off-street parking spaces
shall be set back a minimum of ten (10) feet from the street right-of-way
and all parking areas and associated drives shall be paved with a
sealed-surface pavement and properly maintained. Setbacks of less
than ten (10) feet may be allowed if a special use permit therefore
is granted. Off-street parking areas shall provide 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.
c.
Loading. No loading docks or truck entrance doors
shall be constructed or located fronting on any street.
3.
Shared parking facilities. Shared off-street parking
facilities for separate buildings, structures, or uses may be provided
in any zoning district in which separate off-street parking facilities
for each use would be permitted. Shared parking facilities shall be
in accordance with the following requirements:
a.
Shall provide a number of spaces not less than the sum of the most
restrictive of requirements for all uses served, except where the
buildings, structures or uses served utilize the parking during different
hours.
b.
Shall not be located more than three hundred (300) feet from the
lot upon which each building, structure or use served is located.
c.
Shall not consist of more than fifty percent (50%) of the required
parking for any theater or amusement related use.
d.
Shall be secured for such use through an approved written agreement
or legal instrument which shall be filed with the St. Francois County
Recorder of Deeds.
4.
Remote parking facilities. Remote parking facilities
for buildings, structures or uses may be provided in any zoning district
in which parking facilities on the same lot of record would be permitted.
Remote parking facilities shall be in accordance with the following
requirements:
a.
Shall be under the same ownership, or lease, as the lot of record
on which the building is located; or shall be secured for such use
through an approved written agreement or legal instrument which shall
be filed with the St. Francois County Recorder of Deeds.
b.
Shall not be located more than three hundred (300) feet from the
lot upon which each building, structure or use served is located.
c.
Shall not include any parking facilities otherwise required to be
located on the same lot of record by this Chapter.
5.
Access on major streets.
[Ord. No. 11-2I 165, 1-24-2022]
a.
No access shall be permitted on any major street designated in the
Comprehensive Plan or any proposed major street except Fire Department
access roads, parking lot access, local streets or other major streets.
Exception. Notwithstanding any other provision of this Section,
access shall be allowed and a curb cut may be permitted on any major
street designated in the Comprehensive Plan or any proposed major
street (except as otherwise allowed) if, in the opinion of the Public
Works Director, such access will not significantly impact the safety
of the motoring public and/or significantly impact the traffic flow
on said major street. The Public Works Director shall sign his/her
signature on the required permit(s) for said access and curb cut as
evidence of his/her approval.
b.
Driveways or curb cuts on major streets for existing residential,
commercial or industrial lots shall be permitted to remain in use
and may be relocated in accordance with all other zoning and subdivision
regulations but no additional accesses shall be permitted.
c.
A curb cut or drive complying with all other zoning and subdivision
regulations shall be permitted for each existing residential lot located
exclusively on one (1) or more major streets.
d.
Where an existing residential lot is located on more than one (1)
major street, the curb cut or drive shall be on the street of the
lowest classification.
e.
Parking access shall not be permitted on a major street when access
to a local street is available. Where a lot requiring parking access
is located on more than one (1) major street, the curb or drive shall
be on the street of the lowest classification.
[Ord. No. 11-2I 166, 5-23-2022]
A.
Use
of a bed and breakfast inn is subject to the provisions of Table A
to Title IV.
B.
Use
of a bed and breakfast inn shall not:
C.
All
bed and breakfast inn facilities shall comply with the following regulations
and shall otherwise meet the requirements of the relevant building
codes as adopted:
1.
Basements, habitable attics and every sleeping room shall have not
less than one (1) operable emergency escape and rescue opening. Where
basements contain one (1) or more sleeping rooms, an emergency escape
and rescue opening shall be required in each sleeping room. Emergency
escape and rescue openings shall open directly into a public way,
or to a yard or court that opens to a public way.
2.
All bed and breakfast inn dwellings shall be provided with a means
of egress in accordance with this Section. The means of egress shall
provide a continuous and unobstructed path of vertical and horizontal
egress travel from all portions of the dwelling to the required egress
door without requiring travel through a garage. The required egress
door shall open directly into a public way or to a yard or court that
opens to a public way.
3.
There shall be a smoke detector in each guest bedroom, plus one (1)
outside each bedroom and within ten (10) feet of the bedroom, plus
one (1) in the kitchen area and one (1) on each level with fire extinguishers,
as per the specifications of the Fire Chief. Fire extinguishers must
be tested and tagged annually.
4.
There shall be no more than five (5) designated guest rooms in any
bed and breakfast inn facility.
5.
The bed and breakfast inn facility is to provide adequate off-street
parking for its guests.
6.
The bed and breakfast inn is subject to all relevant code provisions as provided for in Chapter 500.
7.
Signs.
a.
Bed and breakfasts inns located in residential districts are subject to the provisions of signs allowable for home occupations as provided in Section 405.230(G)(1)(b).
b.
Signs in all other zoning districts are subject to the requirements of Section 405.230(G).
