City of Park Hills, MO Article II District Regulations

Section 400.040 "R-1" Single-Family Residential District Regulations.

[R.O. 2016 § 400.040; Ord. No. 160-97 §§ 1 — 2, 10-14-1997; Ord. No. 212-98 § 1, 7-14-1998; Ord. No. 487-03 § 1, 10-14-2003; Ord. No. 491-03 § 1, 10-28-2003; Ord. No. 626-05 § 1, 6-14-2005; Ord. No. 668-06 §§ 1 — 2, 2-28-2006; Ord. No. 957-11 § 2, 5-10-2011; Ord. No. 990-12 § 1, 5-29-2012]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "R-1" Single-Family Residential District.

B. Use Regulations. A building or premises shall be used only for uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[Ord. No. 1054-13 § 1, 12-10-2013; Ord. No. 1074-14 § 1, 5-13-2014]

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

C. Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 400.160.

D. Height, Area And Lot Size Regulations. In addition to the specific requirements for the "R-1" Single-Family Residential District, all height, area, and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150, as they apply to uses in the "R-1" Single-Family Residential District, shall be observed.

1. Height. The maximum height of buildings permitted shall be as follows:

a. Detached single-family dwellings, and all buildings other than churches and similar places of worship, thirty-five (35) feet and not over two and one-half (2 1/2) stories.

b. Churches and similar places of worship, seventy-five (75) feet for towers or steeples and not more than forty-five (45) feet for the principal building.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet.

b. Side Yard. On each lot upon which a dwelling is constructed, there shall be a side yard on each side of not less than fifteen (15) feet. On lots upon which a church or similar place of worship, community building, museum, library, art gallery, school, fraternal or other private club, or other similar building, is constructed there shall be a side yard of not less than thirty (30) feet on each side of the main structure.

c. Rear Yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than thirty (30) feet, or twenty percent (20%) of the depth of the lot, whichever is greater, but it need not exceed fifty (50) feet.

3. Lot Size. The minimum lot size permitted shall be as follows:

a. Detached single-family dwellings shall be on a lot having an area of not less than twelve thousand (12,000) square feet and a width at the building setback line of not less than one hundred (100) feet.

b. Churches and similar places of worship, community buildings, museums, libraries, art galleries, schools, fraternal and other private clubs, and other similar buildings shall be on a lot having an area of not less than one (1) acre and width at the building setback line of not less than one hundred fifty (150) feet.

4. Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot.

Section 400.050 "R-2" Single-Family Residential District Regulations.

[R.O. 2016 § 400.050; Ord. No. 212-98 § 1, 7-14-1998; Ord. No. 668-06 §§ 1 — 2, 2-28-2006]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "R-2" Single-Family Residential District.

B. Use Regulations. A building or premises shall be used only for uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[Ord. No. 1074-14 § 2, 5-13-2014]

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

C. Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 400.160.

D. Height, Area And Lot Regulations. In addition to the specific requirements for the "R-2" Single-Family Residential District, all height, area, and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150, as they apply to uses in the "R-2" Single-Family District, shall be observed.

1. Height. The maximum height of buildings permitted shall be as follows:

a. Single-family and two-family dwellings, and all buildings other than churches and similar places of worship, thirty-five (35) feet and not over two and one-half (2 1/2) stories.

b. Churches and similar places of worship, seventy-five (75) feet for towers and steeples and not more than forty-five (45) feet for the principal building.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than twenty five (25) feet.

b. Side Yard. On each lot upon which a dwelling is constructed, there shall be a side yard on each side of not less than ten (10) feet. On lots upon which a church or similar place of worship, community building, museum, library, art gallery, school, fraternal or other private club, or other similar building is constructed there shall be a side yard of not less than twenty (20) feet on each side of the main structure.

c. Rear Yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet, or twenty percent (20%) of the depth of the lot, whichever is greater, but it need not exceed thirty-five (35) feet.

3. Lot Size. The minimum lot size permitted shall be as follows:

a. Detached single-family dwellings shall be on a lot having an area of not less than seven thousand five hundred (7,500) square feet and a width at the building setback line of not less than seventy-five (75) feet.

b. Two-family dwellings and all other buildings or structures shall be a lot having an area of not less than ten thousand (10,000) square feet and a width at the building setback line of not less than one hundred (100) feet.

4. Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than thirty (30%) percent of the area of the lot.

Section 400.060 "R-3" General Residential District Regulations.

[R.O. 2016 § 400.060; Ord. No. 212-98 § 1, 7-14-1998; Ord. No. 668-06 §§ 1 — 2, 2-28-2006; Ord. No. 990-12 § 1, 5-29-2012]

A. The regulations set forth in this Section, or set forth elsewhere in this Code when referred to in this Section, are the regulations of the "R-3" General Residential District.

B. Use Regulations. A building or premises shall be used only for uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[Ord. No. 1054-13 § 1, 12-10-2013; Ord. No. 1074-14 § 3, 5-13-2014]

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

C. Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 400.160.

D. Height, Area And Lot Size Regulations. In addition to the specific requirements for the "R-3" General Residential District, all heights, area, and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150, as they apply to uses in the "R-3" General Residential District, shall be observed.

1. Height. The maximum height of buildings permitted shall be as follows:

a. Detached single-family dwellings, attached single-family dwellings and two-story dwellings, thirty-five (35) feet and not over two and one-half (2 1/2) stories.

b. All other buildings, forty-five (45) feet and not over three (3) stories, except that towers or steeples on churches or similar places of worship may not exceed seventy-five (75) feet.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than twenty-five (25) feet.

b. Side Yard. Each lot upon which a building is constructed shall have side yard on each side of not less than six (6) feet, except that all dwellings and any building of three (3) stories shall have a side yard on each side of not less than ten (10) feet.

c. Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet.

3. Lot Size. The minimum lot size permitted shall be as follows:

a. Detached single-family dwellings shall be on a lot having an area of not less than seven thousand five hundred (7,500) square feet and a width at the building setback line of not less than seventy-five (75) feet.

b. Two-family dwellings shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the building setback line of not less than seventy-five (75) feet.

c. Multiple-family dwellings shall be on a lot having an area of not less than twelve thousand five hundred (12,500) square feet, plus two thousand five hundred (2,500) square feet for each family over three (3), and a width at the building setback line of not less than seventy-five (75) feet.

d. All other uses shall be on a lot having an area of not less than fifteen thousand (15,000) square feet and a width at the building setback line of not less than seventy-five (75) feet.

4. Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot.

Section 400.070 "MH" Mobile Home Park District Regulations.

[R.O. 2016 § 400.070; Ord. No. 204-98 § 1, 5-12-1998; Ord. No. 668-06 §§ 1 — 2, 2-28-2006]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations for the "MH" Mobile Home Park District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

[Ord. No. 1074-14 § 4, 5-13-2014]

1. Uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

2. Mobile homes, in approved mobile home parks providing designated spaces for four (4) or more mobile homes. All mobile homes placed in approved mobile home parks shall be no older than five (5) years old at the date of installation. Additionally, all mobile home park owners shall adopt a policy in agreement with this Section.

3. Mobile Homes Placed On Individual Platted Lots In An Approved Mobile Home Subdivision. All mobile homes placed in an approved mobile home subdivision shall be no older than five (5) years old at the date of installation. Additionally, the developer of any mobile home subdivision shall place into effect restrictive covenants in agreement with this Section.

4. Accessory buildings incidental and subordinate to the use of mobile homes, buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within a mobile home park.

5. One (1) single-family residence per mobile home park, solely intended for the residence of the park manager, and only when a special use permit therefor has been granted.

6. All mobile home parks shall comply with all applicable regulations of the City of Park Hills governing the establishment and operation of mobile home and travel trailer parks.

C. Parking Regulations. Off-street parking shall be provided according to the following standards:

1. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 400.160.

2. Each mobile home space within a mobile home park, or lot within a mobile home subdivision, shall be provided with two (2) off-driveway parking spaces with not less than four (4) inches of crushed stone or other suitable material on a well compacted surface. Required parking spaces may be included within the lot area required for each mobile home.

D. Height, Area And Lot Size Regulations. In addition to the specific requirements for the "MH" Mobile Home Park District, all height, area and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150 of this Chapter, as they apply to uses in the "MH" Mobile Home Park District, shall be observed.

1. Height. The maximum height of buildings or other structures shall be thirty-five (35) feet and not over two and one-half (2 1/2) stories.

2. Area Regulations Applicable To Mobile Home Parks Only. No mobile home shall be emplaced within a mobile home park, and no building or structure shall be erected or enlarged, unless the following yards and setbacks are provided and maintained:

a. Each mobile home space shall have a width of not less than forty (40) feet.

b. Each mobile home or other principal structure shall be located not less than twenty (20) feet from any other mobile home or principal structure.

c. Mobile homes shall be located not less than thirty (30) feet from the exterior boundary of the mobile home park or a bounding street right-of-way. Accessory buildings and all other structures shall be located not less than forty (40) feet from the exterior boundary of the mobile home park or a bounding street right-of-way.

3. Area Regulations Applicable To Mobile Home Subdivisions Only. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

a. Front Yard. Each lot upon which a mobile home is placed shall have a front yard of not less than twenty-five (25) feet.

b. Side Yard. Each lot upon which a mobile home is placed shall have a side yard on each side of not less than ten (10) feet.

c. Rear Yard. Each lot upon which a mobile home is placed shall have a rear yard of not less than twenty-five (25) feet.

4. Lot Size Regulations Applicable To Mobile Home Parks Only. The minimum area for a mobile home park and the minimum lot size permitted for mobile homes and other structures shall be as follows:

a. Each mobile home park shall contain a minimum area of not less than fifteen thousand (15,000) square feet and a width at the front lot line of not less than seventy-five (75) feet.

b. Each mobile home in a mobile home park shall occupy a designated space having at least the following minimum area:

Length of Mobile Home Unit (nominal)	Minimum Designated Space
Up to 50 feet	3,500 square feet
50 to 60 feet	4,000 square feet
60 to 70 feet	4,500 square feet
70 to 80 feet	5,000 square feet
Over 80 feet	5,500 square feet

5. Lot Size Regulations Applicable To Mobile Home Subdivisions Only. The minimum lot size permitted shall be as follows:

a. Each lot shall contain a minimum area of not less than five thousand five hundred (5,500) square feet and have a minimum width at the street of forty (40) feet.

Section 400.080 "C-1" General Commercial District Regulations.

[R.O. 2016 § 400.080; Ord. No. 131-97 § 1, 2-25-1997; Ord. No. 212-98 § 1, 7-14-1998; Ord. No. 303-99 §§ 1 — 2, 10-12-1999; Ord. No. 990-12 § 1, 5-29-2012]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-1" General Commercial District.

B. Use Regulations. A building or premises shall be used only for uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[Ord. No. 1054-13 § 1, 12-10-2013; Ord. No. 1074-14 § 5, 5-13-2014]

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

C. Access, Parking And Loading Regulations.

1. Where access to a commercial or multiple-family use or structure will require a driveway and off-street parking, only one (1) point of egress located at least thirty (30) feet from any intersecting street corner shall be permitted. Additional points of access may be granted with a special use permit only. All driveways for ingress and egress shall have a minimum of twelve (12) feet and a maximum of twenty-four (24) feet in width for each traffic lane, exclusive of curb returns. Two (2) or more property owners having an approved legal agreement describing their joint right to property access may jointly share a driveway or access road.

2. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.160. All off-street parking spaces shall be set back a minimum of ten (10) feet from the street right-of-way. Setbacks of less than ten (10) feet may be allowed if a special permit therefor is granted. All of the lot used for parking of vehicles and all driveways shall be paved with a sealed-surface pavement and maintained in such a manner that no dust will be produced by continued use.

D. Height, Area And Lot Size Regulations. In addition to the specific requirements for the "C-1" General Commercial District, all height, area and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150, as they apply to uses in the "C-1" General Commercial District, shall be observed.

1. Height. The maximum height of buildings permitted shall be as follows:

a. All buildings, including churches, and similar places of worship, forty-five (45) feet and not over three (3) stories.

b. Towers and steeples of churches and similar places of worship, seventy-five (75) feet.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than twenty-five (25) feet.

b. Side Yard. On lots upon which a non-residential building is constructed, there are no side yard requirements, except that a side yard of five (5) feet shall be provided where such lot abuts a Residential District. On each lot upon which a dwelling is constructed there shall be a side yard on each side of not less than ten (10) feet.

c. Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet.

3. Lot Size. The minimum lot size permitted shall be as follows:

a. All single-family, two-family, and multiple-family dwellings shall comply with the minimum lot size and building setback line width requirements of the "R-3" General Residential District.

b. All other buildings shall be on a lot having an area of not less than five thousand (5,000) square feet and a width at the building setback line of not less than fifty (50) feet.

4. Percentage Of Lot Coverage. All residential buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot. There are no lot coverage requirements for non-residential buildings and structures.

Section 400.090 "C-2" Central Business District Regulations.

[R.O. 2016 § 400.090]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-2" Central Business District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

[Ord. No. 1074-14 § 6, 5-13-2014]

1. Uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

2. Any other retail or service use of similar character which is not specifically permitted herein, when authorized by the City Council after receipt of review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "C-2" Central Business District Regulations.

C. Access, Parking And Loading Regulations.

1. Access requirements shall be the same as those for the "C-1" General Commercial District.

2. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.160. In addition, the specific requirements for off-street parking set forth in the "C-1" General Commercial District shall be observed.

D. Height, Area And Lot Size Regulations. In addition to the specific requirements for the "C-2" Central Business District, all height, area and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150 as they apply to uses in the "C-2" Central Business District, shall be observed.

1. Height. The maximum height of buildings permitted shall be one hundred (100) feet and not over eight (8) stories.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

a. Front Yard. On each lot upon which a single-family or two-family dwelling is constructed, there shall be a minimum front yard of not less than twenty-five (25) feet. On lots upon which a multiple-family dwelling or non-residential building is constructed, there are not front yard requirements.

b. Side Yard. On each lot upon which a single-family or two-family dwelling is constructed, there shall be a side yard on each side of not less than ten (10) feet. On lots upon which a multiple-family dwelling or non-residential building is constructed, there are no side yard requirements, except that a side yard of (5) feet shall be provided where such lot abuts a Residential District.

c. Rear Yard. On each lot upon which a single-family or two-family dwelling is constructed, there shall be a rear yard of not less than twenty five (25) feet. On lots upon which a multiple-family dwelling or non-residential building is constructed, there are no rear yard requirements, except that a rear yard of not less than twenty-five (25) feet shall be provided where such lot abuts a Residential District.

3. Lot Size. The minimum lot size permitted shall be as follows:

a. All single-family and two-family dwellings shall comply with the minimum lot size and front lot line width requirements of the "R-3" Residential District.

b. There are no minimum lot size or front lot line width requirements for multiple-family dwellings and non-residential buildings.

4. Percentage Of Lot Coverage. Single-family and two-family dwellings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot. There are no lot coverage requirements for multiple-family or non-residential buildings.

Section 400.100 "C-3" Planned Commercial District Regulations.

[R.O. 2016 § 400.100]

A. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations of the "C-3" Planned Commercial District.

B. In order to provide for modern retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods, the "C-3" Planned Commercial District is hereby established. Such district shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.

C. The owner or owners of any tract of land may submit to the City Council a plan for the use and development of all or part of such tract for the purpose of and meeting the requirements set forth in this Section, either as a separate proposal or as a part of a community unit plan as provided for in Section 400.190. The plan shall be referred to the Planning and Zoning Commission for study and report. The Planning and Zoning Commission shall then submit their report and recommendations to the City Council for their consideration and action. The Planning and Zoning Commission's recommendations shall be accompanied by a report stating the reasons for such recommendations and that the application meets the requirements of the "C-3" Planned Commercial District as set forth in this Section. If no report is transmitted by the Planning and Zoning Commission within ninety (90) days of notification, the City Council may take action without further awaiting such report, subject to the provisions for public hearings for all ordinance amendments.

D. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this Section.

E. Within the "C-3" Planned Commercial District, a building or premises may be used only for the retail sale of merchandise, services, recreation, except outdoor theaters, and similar uses, parking areas and other facilities ordinarily accepted as shopping center uses. The shopping center shall be designed as a whole, unified single project in compliance with the following requirements and, if built in stages, each stage shall conform with the approved plan.

1. The aggregate gross area of all buildings shall not exceed twenty-five percent (25%) of the entire lot area of the project and all buildings shall be set back at least thirty (30) feet from all lines of streets adjoining the shopping center site.

2. Off-street parking space shall be provided in the ratio of not less than six (6) parking spaces for each one thousand (1,000) square feet of floor area in the buildings in the project.

3. All roads, parking and loading areas and walks shall be paved with hard surface material meeting applicable specifications of the City.

4. Any part of the project area not used for buildings or other structure, or for parking, loading, or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks.

5. No building shall exceed three (3) stories or forty-five (45) feet in height.

6. Reasonable additional requirements as to landscaping, lighting, signs, or other advertising devices, screening, accessways, building setbacks and height limitations may be imposed by the City Council for the protection of adjoining residential property.

F. If required by the City Council, the applicant shall file a surety bond to insure the construction of the shopping center within the period specified by the City Council, such period not to exceed three (3) years. No such bond shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to the estimated cost of constructing the shopping center, and in a form with surety and conditions approved by the City Attorney. In the event the shopping center is not constructed, it shall revert to the same zoning classification existing prior to the change to the "C-3" District and the district regulations in force prior to the establishment of the Commercial District shall thereupon be in full force and effect.

Section 400.110 "M-1" Light Industrial District Regulations.

[R.O. 2016 § 400.110; Ord. No. 990-12 § 1, 5-29-2012]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "M-1" Light Industrial District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

[Ord. No. 1074-14 § 7, 5-13-2014]

1. Uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

2. Any other retail, service, or light industrial use of similar character which is not specifically permitted herein, when authorized by the City Council after receipt of review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "M-1" Light Industrial District Regulations.

C. Storage Of Products, Materials, And Equipment. The storage of products, materials or equipment incidental to the above uses shall be permitted under the following conditions:

1. Areas for open storage outside the confines of a building or similar structure shall not constitute more than ten percent (10%) of the area of the lot.

2. When a use permitted herein adjoins or is adjacent to a Residential or Commercial District, all products, materials, and equipment used in connection with the use shall be enclosed within a building or enclosed by a structural screen, fence, wall, or planting sufficient to screen the storage area from view from the adjoining or adjacent district.

D. Height, Area And Lot Size Regulations. In addition to the specific requirements for the "M-1" Light Industrial District, all height, area and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150 as they apply to uses in the "M-1" Light Industrial District, shall be observed.

1. Height. The maximum height of buildings permitted shall be forty-five (45) feet and not over three (3) stories.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than twenty five (25) feet.

b. Side Yard. No side yards are required for uses allowed in the "M-1" Light Industrial District, except that a side yard of ten (10) feet shall be provided where such use abuts a Residential District.

c. Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty five (25) feet.

3. Lot Size. There are no minimum lot size or front lot line width requirements for uses allowed in the "M-1" Light Industrial District.

4. Percentage Of Lot Coverage. There are no lot coverage requirements for uses allowed in the "M-1" Light Industrial District, other than those specified in this Section.

Section 400.120 "M-2" Heavy Industrial District Regulations.

[R.O. 2016 § 400.120; Ord. No. 990-12 § 1, 5-29-2012]

A. The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "M-2" Heavy Industrial District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

[Ord. No. 1074-14 § 8, 5-13-2014]

1. Uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

2. Any other retail, service, or light industrial use of similar character which is not specifically permitted herein, when authorized by the City Council after receipt of review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "M-2" Heavy Industrial District Regulations.

C. Storage Of Products, Materials, And Equipment. The storage of products, materials, or equipment incidental to the above uses shall be permitted under the following condition:

1. When a use permitted herein adjoins or is adjacent to a Residential or Commercial District, all products, materials, and equipment used in connection with the use shall be enclosed within a building or enclosed by a structural screen, fence, wall, or planting sufficient to screen the storage area from view from the adjoining or adjacent district. Exceptions from these requirements may be granted only by a special use permit issued under the procedures in this Chapter.

D. Access, Parking, And Loading Regulations.

1. 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 permit 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.

2. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.160. All off-street parking spaces shall be set back a minimum of ten (10) feet from the street right-of-way. Setbacks of less than ten (10) feet may be allowed if a special use permit therefor is granted.

E. Height, Area, And Lot Size Regulations. In addition to the specific requirements for the "M-2" Heavy Industrial District, all height, area, and lot size regulations and exceptions set forth in Section 400.140 and Section 400.150, as they apply to uses in the "M-2" Heavy Industrial District, shall be observed.

1. Height. The maximum height of buildings permitted shall be ninety (90) feet and not over six (6) stories.

2. Area. No buildings or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement.

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than twenty-five (25) feet.

b. Side Yard. No side yards are required for uses allowed in the "M-2" Heavy Industrial District, except that a side yard of twenty (20) feet shall be provided where such use abuts a Residential District.

c. Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet.

3. Lot Size. There are no minimum lot size or front lot line width requirements for uses allowed in the "M-2" Heavy Industrial District.

4. Percentage Of Lot Coverage. There are no lot coverage requirements for uses allowed in the "M-2" Heavy Industrial District.

Section 400.130 "M-3" Planned Industrial Park District.

[R.O. 2016 § 400.130; Ord. No. 990-12 § 1, 5-29-2012]

A. The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "M-3" Planned Industrial Park District.

B. Use Regulations. A building or premises shall be used only for the following purposes:

[Ord. No. 1074-14 § 9, 5-13-2014]

1. Uses authorized under Section 400.145[1] or as otherwise allowed by this Code.

[1] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

2. Any other retail, service, or light industrial use of similar character which is not specifically permitted herein, when authorized by the City Council after receipt of review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "M-3" Planned Industrial District Regulations.

C. Sight Obstructions. No sign, fence, wall, hedge, or shrub planting which will obstruct sight lines along roadways within a Planned Industrial Park District shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five (25) feet from the point of intersection for the extended right-of-way lines. These restrictions shall also apply to all driveways, side and rear entrances, and alleys.

D. Handling And Storage Of Waste And Refuse. No waste material or refuse shall be placed upon or permitted to remain on any part of the property outside of the buildings constructed thereon. Any owner of property within a Planned Industrial District shall comply with this Section within fifteen (15) days of receiving written notice from the City to comply. In the event of non-compliance within the fifteen (15) day period, the City shall have the right to enter onto the property of the owner in question and remove such waste or refuse and charge the cost of such removal to the property owner. If such charge is not paid within ten (10) days after receipt of notification of the charge thereof, it shall become a lien on the property in question as provided elsewhere hereunder.

E. Location Of Electrical Lines. Electric utility poles, lines, and support systems shall be placed on the rear one-third (1/3) of each lot and positioned in such a manner as to enhance the attractiveness of the area. Any exceptions to this provision must have prior written approval of the City Council, following review and recommendations by the City Planning and Zoning Commission.

F. Modification Of City Property. No alterations or modifications of streets, curbs, gutters, storm drainage, or other City property located in a Planned Industrial Park District shall be undertaken without prior written approval of the City Administrator. Portions of the City property altered or modified pursuant to such approval shall be restored as nearly as possible to its original condition, subject to inspection and approval by the City.

G. Storage Of Products, Materials And Supplies. No products, materials, or supplies shall be stored or permitted to remain on any part of the property outside of the buildings constructed thereon unless such materials are stored behind a building or on the rear one-third (1/3) of the lot and screened from view from the adjoining property. Bulk storage of all liquids, including gasoline or petroleum products, may be placed outside of buildings in rear or side yards if completely screened from view and installed and maintained in conformance with all applicable State and Federal safety requirements. Exceptions to these storage and screening requirements must be approved in writing by the City Council, following review and recommendation by the City Planning and Zoning Commission.

H. Access, Parking, And Loading Regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.160. In addition, the following provisions shall apply in the "M-3" Planned Industrial Park District:

1. Access. Access requirements shall be the same as those for the "M-2" Heavy Industrial District.

2. 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 therefor 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.

3. Loading. No loading docks or truck entrance doors shall be constructed or located, fronting on any street, unless otherwise approved in writing by the City Council, following review and recommendation by the City Planning and Zoning Commission.

I. Height, Area, And Lot Size Regulations. In addition to the specific requirements for the "M-3" Planned Industrial Park District, all height, area, and lot size regulations set forth in Section 400.140 and Section 400.150, as they apply to uses in the "M-3" Planned Industrial Park District, shall be observed.

1. Height. The maximum height of buildings permitted shall be ninety (90) feet and not over six (6) stories.

2. Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement.

a. Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet. Such yard shall also be provided on any side facing an intersecting street.

b. Side Yard. On each lot upon which a building is constructed there shall be a side yard on each side, of not less than twenty (20) feet.

c. Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty (20) feet.

d. Fences And Walls. No fence or wall shall be permitted to extend beyond the yard lines established above, except by written approval by the City Council, following review and recommendation by the City Planning and Zoning Commission.

3. Lot Size. There are no minimum lot size or front lot line width requirements for uses allowed in the "M-3" Planned Industrial Park District.

4. Percentage Of Lot Coverage. There are no lot coverage requirements for uses allowed in the "M-3" Planned Industrial Park District.

Section 400.140 Table Of Height And Area Requirements.

[R.O. 2016 § 400.140[1]]

The required height and area regulations as established in this Chapter are summarized in the Table of Height and Area Requirements, which is included as an attachment to this Chapter.

[1] Editor's Note: Subsequent amendments are listed on the Table of Height and Area Requirements.

Section 400.145 Table Of Permissible Uses.

[R.O. 2016 § 400.145; Ord. No. 1074-14 § 10, 5-13-2014; Ord. No. 1089-14 § 3, 8-12-2014[1]]

A. A building or premises shall be used only for the purposes as specified in the Table of Permissible Uses attached to this Chapter, or as otherwise allowed by this Code.

B. The Table of Permissible Uses is attached.[2]

[2] Editor's Note: The Table of Permissible Uses is included as an attachment to this Chapter.

[1] Editor's Note: Subsequent amendments are listed on the Table of Permissible Uses.

Section 400.150 Height And Area Regulations Exceptions And Modifications.

[R.O. 2016 § 400.150; Ord. No. 160-97 § 2, 10-14-1997; Ord. No. 413-02 § 1, 6-11-2002; Ord. No. 420-02 §§ 1 — 2, 11-12-2002]

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.

B. General Area Exceptions And Modifications.

1. Minimum lot area and lot width requirements shall not apply to lots of record as of the effective date of this Chapter [see Section 400.010(B), Definitions, "Lot of Record"].

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

3. Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one 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.

4. 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, educational, 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.

5. 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-and four-story buildings.

6. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for accessory buildings in a new yard, and except for the projection of sills, belt courses, cornices, and ornaments and features which are not to exceed twelve (12) inches. The twelve-inch limitation shall apply to commercial and industrial property only.

7. Open or lattice-enclosed fire escapes, required by law, projecting into a yard not to exceed five (5) feet and the ordinary projection of chimneys and plasters shall be permitted by the Director of Community Development when placed so as not to obstruct light and ventilation.

8. As to fence regulations, see Chapter 530 of this Code.

9. In any Residential District, no fence, structure, or planting shall be maintained within thirty (30) feet of any street intersection.

C. Front Yard Exceptions And Modifications.

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

2. An open, unenclosed porch, balcony, or paved terrace may project into a front yard for a distance not to exceed 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 four (4) feet.

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

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

b. Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed, or may hereafter be developed, with two (2) or more buildings that have a front yard of greater or lesser depth than described above, 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 side only, such building may be erected as close to the street as the existing adjacent building.

D. Side Yard Exceptions And Modifications.

1. 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 project beyond the required front yard on either street.

2. For the purpose of the side yard regulations, a two (2) family dwelling, or a multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.

3. Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five (5) feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court.

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

5. Whenever a lot of record at the effective date of this Chapter has a width of less than fifty (50) 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 three (3) feet.

E. Rear Yard Exceptions And Modifications.

1. 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 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.

2. Where a lot abuts upon an alley, one-half (1/2) the alley width may be considered as part of the required rear yard.

F. Accessory Building Exceptions And Modifications.

1. No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on a lot is completed and used. Also, no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.

2. 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 five (5) 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. Accessory buildings may be built in a required side yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required side yard and shall not be nearer than five (5) feet to any side or rear lot line. No accessory building shall be allowed in a front yard. 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.

3. Accessory buildings utilized for vehicle parking may be located nearer to the side property line than required above and shall not be regarded as part of the main building for the purposes of determining setbacks when the following conditions are met:

a. The structure is freestanding and unenclosed on all sides, except for necessary support columns or posts and has a height at the roof peak not exceeding twelve (12) feet.

b. The structure is used for the storage or parking of not more than one (1) vehicle.

c. The structure is permanently affixed to the ground or a foundation system and is adequately anchored to protect against wind uplift.

d. A boundary survey conducted by a licensed professional land surveyor is provided to indicate the exact location of the property boundary.

e. Documentation is provided indicating that the adjacent property owner has given consent to the placement of the structure.

f. All other lot setbacks required by this Code are met for the structure.

g. That no more than one (1) accessory structure shall be constructed on a property by using this exception.

4. The rear and side yard regulations contained in Subsection (F)(2) above shall not apply to placing accessory buildings on residential lots if the gross area covered by the accessory building is one hundred (100) square feet or less and the accessory building is not permanently attached to the ground provided that no more than two (2) accessory buildings may utilize this exception at any given time.

5. Rear And Side Yard Regulations.

a. Rear and side yard regulations shall not apply to the reconstruction of an accessory building on residential property so long as:

(1) Either:

(a) An accessory building is built on an existing structural building foundation system which is structurally sound for the load proposed to be carried; or

(b) An accessory building is built to replace an accessory building which exists at the tune of obtaining a building permit for the new accessory building;

(2) The exterior walls of the accessory building do not extend beyond the foundation in any direction;

(3) The accessory building is a single story with a pitched roof and a maximum height of no more than twenty (20) feet;

(4) The written consent of adjacent property owners is provided to the Director of Community Development on forms provided by the City of Park Hills;

(5) If built on a rear yard, such accessory building and all other accessory buildings shall not occupy more than thirty percent (30%) of the required rear yard; and

(6) All other provisions of this Code are complied with.

b. For the purposes of this Subsection (F)(5), the term "adjacent property owners" shall include only property owners owning property which is adjacent to an "affected side or rear property line."

c. For the purposes of this Subsection (F)(5), the term "affected side or rear property line" shall mean any rear or side property line regarding which an accessory building being reconstructed is located closer to than this Code would allow without reference to this Subsection (F)(5).

d. The exception in this Subsection (F)(5) shall not be applicable to allow reconstruction of a garage entered into from an alley or to allow reconstruction of a garage located within ten (10) feet of the main building.

e. For the purposes of this Subsection (F)(5), the term "existing structural building foundation system" shall include only the following:

(1) Foundations composed only of the original foundation; and

(2) Original foundation and reconstruction to the original foundation where a building permit was obtained for all such reconstruction.

G. Height Exceptions And Modifications.

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, cooling towers, elevator bulkheads, fire towers, monuments, smoke stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio and television towers, antennae, or aerials, conveyors, flag poles, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.

3. Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such district.

H. Other Exceptions And Modifications. All Federal or State parks and lands shall be exempt from height and area regulations as set forth in this Section or in this Chapter.

Section 400.160 Off-Street Parking And Loading Requirements.

[R.O. 2016 § 400.160; Ord. No. 160-97 §§ 1 — 2, 10-14-1997; Ord. No. 990-12 § 1, 5-29-2012]

A. In addition to the off-street parking and loading requirements set forth in the district regulations appearing elsewhere in this Chapter, the specific regulations set forth in this Section shall apply to all uses cited, regardless of the district in which they are located; except, however, Federal or State parks or lands shall be exempt from any off-street parking and loading requirements set forth in this Section, or appearing elsewhere in this Chapter.

B. Except as otherwise provided in this Section, off-street parking and loading spaces shall be provided at the time any building or structure is erected or structurally altered and all required parking spaces shall be located on the same lot on which the building or use served is located.

C. Procedures And Standards. Prior to the issuance of any building permit, the Director of Community Development shall ensure that the provisions of this Section have been met:

1. All applications for a building permit for a new or enlarged building, structure, or use, or for a variance involving the construction or enlargement of any building, structure or use, shall include plans for at least the minimum number of parking and loading spaces as herein required. The plans shall include a plot plan, drawn to scale, and fully dimensioned, showing the dimensions and locations of off-street parking and loading spaces and the means of access to the spaces.

2. Off-Street Parking And Loading.

a. A required off-street parking space shall contain an area of not less than one hundred eighty (180) square feet nor be less than nine (9) feet wide by twenty (20) feet long measured perpendicularly to the sides of the parking space, exclusive of access drives or circulation aisles. Aisles between vehicular parking spaces shall be not less than twelve (12) feet in width when serving automobiles parked at a forty-five degree (45°) angle in one direction nor less than twenty-five (25) feet in width when serving automobiles parked perpendicularly.

b. An off-street loading space (exclusive of adequate access drives and maneuvering space) shall have minimum dimensions of twelve (12) feet by thirty-five (35) feet and an overhead clearance of not less than fourteen (14) feet in height above grade.

3. Access. Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to least interfere with the movement of traffic and, where only one entry or exit is provided, to permit adequate maneuvering area for vehicles to turn around so no backing of vehicles into the street is required. No driveway or curb cut in any residential or commercial district shall exceed twenty-four (24) feet in width.

4. Required Setbacks. Except as otherwise provided, no parking space nor portion thereof established on the same lot with a building shall be located within a required front yard. On corner lots, no parking space shall be permitted in the required side yard adjacent to the street. No parking spaces nor portion thereof established on a lot without a building shall be located closer to any street line than the established building line on adjacent properties nor closer than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence, or hedge developed around any parking area shall be subject to the front yard setback requirements of this Chapter in the same manner as a building or structure.

5. Surfacing And Marking.

a. All open off-street parking or loading areas, except those accessory to single-family or two-family dwellings, shall be improved with a compacted rock base, not less than four (4) inches thick surfaced with not less than one and one-half (1 1/2) inches of asphaltic concrete or a comparable all-weather dustless material.

b. All paved parking spaces shall be properly marked by durable paint in stripes a minimum of four (4) inches wide and extending the length of the parking space.

6. Any lighting used to illuminate an off-street parking or loading area shall be arranged so as to reflect the light away from all adjoining properties, to the extent possible, and shall not interfere with traffic movement on adjacent streets. No flashing lights or lights simulating movement shall be permitted.

7. Adequate stormwater drainage facilities shall be installed to insure that stormwater does not flow onto abutting property or abutting sidewalks in such a way or quantity that pedestrians using the sidewalk would be detrimentally affected or inconvenienced.

D. Determination Of Number Of Spaces Required. In computing the number of parking and loading spaces required, the following rules shall govern:

1. "Floor area" shall mean the floor space within the outside line of walls and includes the total of all floors of a building. It does not include porches, garages, or space in a basement or cellar when such basement or cellar space is used for storage or incidental uses.

2. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

3. The parking and loading spaces required for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the City Planning and Zoning Commission.

4. Accessory off-street parking and loading spaces in existence on the effective date of this Chapter may not be reduced in number unless already exceeding the requirements of this Section for equivalent new construction; in which event, said spaces shall not be reduced below the number required herein for such equivalent new construction.

5. Whenever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

6. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

E. Schedule Of Parking Spaces Required.

1. One And Two-Family Dwelling. One (1) parking space for each one (1) bedroom unit; two (2) parking spaces for each two (2) or three (3) bedroom unit; three (3) parking spaces for each unit with four (4) or more bedrooms.

2. Multiple-Family Dwelling. One and one-half (1 1/2) parking spaces for each dwelling unit.

3. Rooming Or Boarding House. One (1) parking space for each one thousand (1,000) square feet of floor area in building, or one (1) parking space for each two (2) sleeping rooms.

4. Auto Sales Or Garage. One (1) parking space for each one thousand (1,000) square feet of floor area in building, or one (1) parking space for each employee plus four (4) parking spaces for each maintenance stall, whichever is greater.

5. Bank Or Savings And Loan Institution. Five (5) parking spaces for each one thousand (1,000) square feet of floor area.

6. Bowling Alley, Recreation Center, Swimming Pool, Skating Rink, And Other Recreation And Amusement Facilities. One (1) parking space for every five (5) customers, computed on the basis of maximum servicing capacity at any one time, plus one (1) additional space for every two (2) persons regularly employed on the premises.

7. Business, Professional, Or Public Office Building. Three (3) parking spaces for the first one thousand (1,000) square feet of floor area, plus two (2) parking spaces for each additional one thousand (1,000) square feet of floor area.

8. Church Or Similar Place Of Worship. One (1) parking space for each four (4) seats in the main auditorium [each thirty (30) inches of pew or bench space is considered one (1) seat].

9. Clothing Store Or Shoe Repair Or Service Shop. Three (3) parking spaces for the first one thousand (1,000) square feet of floor area, plus two and one-half (2 1/2) parking spaces for each additional one thousand (1,000) square feet of floor area.

10. Club Houses And Permanent Meeting Places Of Veterans, Business, Civic, Fraternal, Labor And Similar Organizations. One (1) parking space for every fifty (50) square feet of aggregate floor area in the auditorium, assembly hall, and dining room of such building, plus one (1) additional space for every two (2) persons regularly employed on the premises.

11. Community Center, Library, Museum Or Art Gallery. Ten (10) parking spaces for the first two thousand (2,000) square feet of floor area, plus one (1) parking space for each additional three hundred (300) square feet of floor area.

12. Dance Hall, Assembly Or Exhibition Hall Without Fixed Seats. One (1) parking space for each one hundred (100) square feet of floor area used therefor.

13. Department Or Variety Store. Parking or storage for all vehicles used directly in the conduct of the business, plus three (3) parking spaces for the first one thousand (1,000) square feet of floor area and one (1) parking space for each additional one thousand square feet (1,000) of floor area.

14. Funeral Home, Mortuary Or Undertaking Establishment. Parking or storage space for all vehicles used directly in the conduct of the business, plus one (1) parking space for every two (2) persons regularly employed on the premises and one (1) space for every four (4) seats in the auditorium or chapel of such establishment.

15. Furniture, Appliance Or Hardware Store. Parking or storage space for all vehicles used directly in the conduct of the business, plus three (3) parking spaces for the first one thousand (1,000) square feet of floor area and one (1) parking space for each additional one thousand (1,000) square feet of floor area.

16. Golf Course. Parking or storage for all vehicles directly used in the operation of the course, plus eighteen (18) parking spaces for each nine (9) holes and one (1) parking space for each person employed on the premises.

17. Grocery Or Convenience Food Store. Parking or storage space for all vehicles used directly in the conduct of the business and one (1) parking space for each two (2) employees, plus four (4) parking spaces for each one thousand (1,000) square feet of floor area.

18. Home Occupation. Three (3) parking spaces, which number may include the required spaces for the residential dwelling unit.

19. Hospital. One (1) parking space for each employee and staff person and one (1) parking space for each four (4) beds for patients.

20. Hotel. One (1) parking space for each two (2) employees, plus four (4) parking spaces for each one thousand (1,000) square feet of floor area.

21. Industrial Or Manufacturing Plants And Facilities. Parking or storage spaces for all vehicles used directly in the conduct of the industrial operation, plus one (1) parking space for every two (2) employees on the premises based on the maximum employment of the largest shift.

22. Machinery Or Equipment Sales Or Service. Parking or storage space for all vehicles used directly in the operation of the business, plus two (2) parking spaces for the first one thousand (1,000) square feet of floor area and three (3) parking spaces for each additional one thousand (1,000) square feet of floor area.

23. Medical Or Dental Clinic. One (1) parking space for each doctor practicing in the building and one (1) parking space for every two (2) persons regularly employed in the building, plus four (4) parking spaces for each one thousand (1,000) square feet of floor area or four (4) parking spaces for each examination room, whichever is greater.

24. Motel. One (1) parking space for every two (2) persons regularly employed on the premises and one (1) parking space for each rental unit, plus additional spaces required for any commercial uses operated in association with the motel in accordance with this Section.

25. Nursery School. Two (2) parking spaces, plus one (1) additional space for each five hundred (500) square feet of floor area.

26. (Reserved)[1]

[1] Editor's Note: Former Subsection (E)(26), Nursing, rest, or convalescent home, was repealed 12-10-2013 by § 1 of Ord. No. 1054-13.

27. Outdoor Retail Or Wholesale Business. Parking or storage for all vehicles used directly in the conduct of the business, plus two (2) parking spaces for each person employed on the premises based on the maximum seasonal employment and such additional spaces as may be required by the Planning and Zoning Commission based on the nature of the business and other relevant factors.

28. Repair Shop, Plumbing Shop, Electrical Shop, Or Other Similar Service Establishment. Parking or storage spaces for all vehicles used directly in the operation of the business, plus two (2) parking spaces for each person regularly employed on the premises.

29. Research Or Testing Laboratory, Creamery, Bottling Plant, Or Similar Establishment. Parking or storage for all vehicles used directly in the conduct of the business, plus one (1) parking space for every two (2) employees on the premises based on the maximum employment of the largest shift.

30. Restaurant, Bar, Night Club, Cafe, Or Other Similar Eating, Drinking Or Amusement Establishment. One (1) parking space for each two (2) employees and one (1) parking space for each two hundred (200) square feet of floor area.

31. Retail Business Or Personal Service Establishment, Except As Otherwise Specified Herein. One (1) parking space for each vehicle used directly in the conduct of the business, plus one (1) parking space for each two hundred (200) square feet of floor area.

32. Self-Service Laundry. One (1) parking space for every two (2) washing machines.

33. Service Or Filling Station. Parking or storage space for all vehicles used directly in the conduct of the business, plus one (1) parking space for each gas pump, three (3) parking spaces for each grease rack or similar service bay, and one (1) parking space for every two (2) employees based on the maximum employment of the largest shift.

34. School — Elementary Or Junior High School. One (1) parking space for each staff member and person regularly employed on the premises, plus one (1) parking space for each classroom.

35. School — High School, College, Or Technical School. One (1) parking space for each staff member and person regularly employed on the premises, plus five (5) parking spaces for each classroom.

36. Theater, Auditorium, Stadium, Gymnasium, Sports Arena, Or Similar Place Of Public Assembly. One (1) parking space for each five (5) seats or seating spaces available at maximum capacity [where bench seating is used, each thirty (30) inches of bench space is considered one (1) seat].

37. Warehouse, Freight, Or Trucking Terminal. Parking or storage space for all vehicles used directly in the conduct of the business, plus one (1) parking space for each two (2) employees on the premises based on the maximum employment of the largest shift.

38. Wholesale Establishment. Parking or storage space for all vehicles used directly in the conduct of the business, plus two (2) parking spaces for each employee based on the maximum employment of the largest shift.

F. Exceptions.

1. All parking spaces required herein shall be located on the same lot or parcel of land as the main building or use being served, except that the required parking may be provided on a separate lot or parcel of land not over three hundred (300) feet from the main building or use, if the parking facilities are located in the same zoning district as the principal permitted use or in a less restricted zoning district.

2. Where an increase in the number of parking spaces is required by a change or enlargement in an existing use, or where the required spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained on a separate lot or parcel of land not over three hundred (300) feet from the existing use or any of the establishments jointly or collectively using the parking facilities, provided that the parking facilities are located in the same zoning district or a less restricted zoning district as the uses served and the provisions of Subsection (F)(4) below are met.

3. Up to fifty percent (50%) of the parking spaces required for theaters, public auditoriums, bowling alleys, dance halls, night clubs or cafes, and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those previously listed uses; provided, however, that written agreement thereto is properly executed and filed as specified below.

4. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit.

5. Off-street parking space may be located within a required front yard in any "C" or "M" District, but no off-street parking shall be permitted in the required front yard of any "R" District except upon a driveway providing access to a garage, carport, or parking area for a dwelling.

6. Non-Residential Parking In Residential Districts. Accessory off-street parking facilities serving non-residential uses of property may be permitted in any "R" District, when located not more than three hundred (300) feet from the boundary of any "C" or "M" District and when authorized by the City Council after review and study by the Planning and Zoning Commission. The provision of non-residential parking in Residential Districts shall be subject to the Special Use Regulations, Section 400.180 of this Chapter, and to the following requirements:

a. Ingress and egress to such parking lot shall be from a street directly serving the commercial, business, or industrial districts in which the uses intended to be served are located.

b. The parking lot shall be used solely for the parking of passenger automobiles.

c. No commercial repair service or work of any kind shall be conducted on the parking lot, nor shall any sale or display for sale of vehicles be conducted thereon.

d. (Reserved)[2]

[2] Editor's Note: This Subsection was repealed 5-29-2012 by § 1 of Ord. No. 990-12. Sign regulations are now found in Ch. 535 of this Code.

e. The parking lot may be open from 7:00 A.M. to 9:00 P.M. and shall be closed at all other times; provided, however, that when supervised by one (1) or more full-time attendants, the parking lot may be kept open until 12:00 Midnight. Parking lot lights shall be turned off when the lot closes.

f. Each entrance to and exit from the parking lot shall be at least twenty (20) feet distant from any adjacent property located in any Residential District, except where ingress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.

g. The parking area shall be set back in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard of ten (10) feet.

h. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris.

i. In addition to the foregoing requirements, such parking lots shall conform to any further requirements and conditions as may be prescribed by the City Council for the protection of properties adjacent to and in the vicinity of the proposed parking lot.

G. Off-Street Loading Requirements. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises, off-street loading space in accordance with the following requirements. Such space shall be in addition to and not considered as meeting a part of the requirements for off-street parking.

1. Retail businesses, service establishments, and similar uses:

a. In "C-1" Commercial Districts: One (1) off-street loading space for each ten thousand (10,000) square feet, or fraction thereof, of gross floor area.

b. In "C-2" Business And "C-3" Commercial Districts: One (1) off-street loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of gross floor area.

2. Industrial, Manufacturing Or Similar Uses: One (1) off-street loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of gross floor area.

3. Warehouse Or Wholesale Storage Facility: One (1) off-street loading space for each seven thousand five hundred (7,500) square feet, or fraction thereof, of gross floor area.

4. Freight Terminal Or Trucking Terminal: One (1) off-street loading space for each five thousand (5,000) square feet, or fraction thereof, of gross floor area.

Section 400.165 Energy Conversion Systems.

[R.O. 2016 § 400.165, Ord. No. 929-10 § 1, 10-12-2010]

A. 

Definitions. For the purposes of this Section, the following terms shall mean:

FEEDER LINE

Any power line that carries electrical power from one (1) or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS.

METEOROLOGICAL TOWER

Meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports, the Missouri Department of Transportation or other similar applications to monitor weather conditions.

PROPERTY LINE

The boundary line of the area owned by the entity applying for WECS permit and an other area the entity has written legal authority to use in meeting the requirements of this Section for the purposes of installation of a WECS. This authority may be attained through easement or other appropriate contractual relationship between the project developer and landowner.

ROTOR DIAMETER

The diameter of the circle described by the moving rotor blades.

SOLAR ENERGY CONVERSION SYSTEM

A solar energy conversion system consists of one (1) or more solar modules, one (1) or more inverters and a mounting system.

TOWER

Towers include vertical structures that support the electrical generator, rotor blades, meteorological equipment or solar panel.

WECS (WIND ENERGY CONVERSION SYSTEM)

An electrical generating facility comprised of one (1) or more wind turbines and accessory facilities, including, but not limited to, power lines, transformers, substations and metrological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on site or distributed into the electrical grid.

1. LARGE WECS A WECS of equal to or greater than five (5) kW in total name plate generating capacity.

2. SMALL WECS A WECS less than five (5) kW in total name plate generating capacity.

WIND TURBINE

Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

B. Building Permits. Systems shall be in compliance with the standards set by Chapter 500 of the City of Park Hills, Missouri Municipal Code. Building permits are required for all systems.

C. Conformance To Applicable Rules And Regulations.

1. Systems shall be in compliance with all applicable Federal regulations and all applicable Sections of the Revised Statutes of Missouri which mandates compliance with all applicable safety, performance, interconnection and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories and the Federal Energy Regulatory Commission.

2. No building permits shall be issued for a system until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided. Systems that are not interconnected with a retail electrical supplier shall be exempt from this requirement.

D. Standards Of General Applicability.

1. Systems all not be used as signs or used to support signage. Exceptions include appropriate warning signage and reasonable signage less than four (4) square feet in area identifying the manufacturer, installer or operator. All signage shall be detailed on the plans submitted with the building permit application for approval by the Director of Community Development.

2. Systems shall not be lighted or have affixed any lights, reflectors, flashers or any other illumination except where required by Federal regulations.

3. Systems shall be a neutral, non-reflective color designed to blend with the surrounding environment.

E. Abandonment. Any system that's out of service for a continuous period of twelve (12) months will be considered abandoned. The owner of such system must remove it within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment.

F. Large Wind Energy Conversion Systems. Large wind energy conversion systems shall meet the minimum requirements for small wind energy conversion systems and must be approved in accordance with the special use permit procedure in Section 400.180. Special use permit applications for large wind energy conversion systems shall be accompanied by the following technical studies demonstrating compliance with the following minimum standards:

1. A shadow flicker analysis demonstrating that the proposed system is sited to minimize impact on all affected structures. The analysis shall identify the locations of shadow flicker that may be caused by the system and the expected duration of the shadow flicker over the course of a year. The analysis shall be conducted by a qualified engineer and shall take into account site-specific topography.

2. A noise study from a qualified professional demonstrating that the system shall not produce noise in excess of sixty (60) decibels or ten (10) decibels above ambient noise levels as measured from the property under normal operating conditions. The study shall be conducted by an acoustical engineer and shall be in compliance with IEC 61400-11 Acoustic Noise Measurement Techniques for Wind Turbines.

3. A study evaluating potential adverse impacts on avian or bat species and their critical habitats and potential mitigation measures that could be taken to minimize any such impacts. The study shall be conducted by an environmental professional with ornithological and bat ecology expertise.

G. Small Wind Energy Conversion Systems. Small wind energy conversion systems shall be a permitted accessory use in all districts subject to compliance with the following requirements:

1. One (1) small wind energy conversion system shall be permitted per lot.

2. The following size and height standards apply to small wind energy conversion systems in all districts:

Lot Size	Maximum Rotor Diameter	Maximum Height
1 acre	6 feet	50 feet or maximum height allowed by zoning, whichever is greater
1 — 10 acres	12 feet	80 feet
10 acres	20 feet	100 feet

3. The height of a system shall be defined as the distance between the ground level adjacent to the base of the tower and the highest point of the wind energy conversion system. For a horizontal axis wind turbine, the highest point shall be the highest vertical point of the swept rotor arc.

4. Systems shall maintain a minimum setback from all property lines in accordance with the following:

Rotor Diameter	Minimum Setback
≤ 6 feet	Equal to that required for the principal structure
6 — 12 feet	1.1 times the height of the system
≥ 12 feet	1.5 times the height of the system

5. The minimum distance between the ground and any rotor shall be fifteen (15) feet.

6. On properties under ten (10) acres, systems must be on a monopole tower or roof-mounted. Lattice, guyed or tilt-up towers are only permitted on lots ten (10) acres or more in residential or industrial zoning districts.

7. The first twelve (12) feet of the tower shall be unclimbable by design or the tower shall be enclosed by a six (6) foot high, unclimbable fence with a self-locking gate. This provision does not apply to roof-mounted systems.

8. Guy cables must be visibly marked from the anchor points to a height of six (6) feet from the ground. Guy cables must be located at least thirty (30) feet from the nearest property line.

9. Systems must be equipped with both manual and automatic overspeed controls to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

10. Systems shall not emit noise that exceeds fifty-five (55) decibels or ten (10) decibels above ambient noise levels as measured from all property lines under normal operating conditions.

11. Meteorological towers shall be permitted under the same standards and permit requirements as small wind energy conversion systems. Meteorological towers and small wind energy conversion systems may be considered under a single special use permit application.

H. Solar Energy Conversion Systems. Solar energy conversion systems shall be a permitted accessory use in all districts subject to compliance with the following requirements:

1. Roof-mounted systems located on front building roofs shall not project more than twenty-four (24) inches perpendicular to the roof at each point where it is mounted.

2. Roof-mounted systems shall not project above the ridge of a gabled or gambrel roof.

3. Roof-mounted systems shall not project more than four (4) feet above the deck or parapet of a flat or mansard roof. All mounting hardware shall be screened from view.

4. Ground-mounted systems shall not be located in any yard necessary to comply with the zoning requirements of this Code.

5. Ground-mounted systems on lots under one (1) acre shall not be higher than eight (8) feet.

6. Solar collectors designed as part of an accessory structure such as an awning or canopy shall conform to the zoning and building code requirements for that structure.

7. All accessory components must be located within an enclosed structure or screened from view.