[Ord. No. 557 §1, 8-4-2003; Ord. No. 655 §§1 — 3, 12-5-2005]
A. 
General Criteria. An accessory structure or use is a structure, building or use that meets all the following criteria:
1. 
It is subordinate to and serves a principal building or a principal use;
2. 
It is subordinate in area, extent or purpose to the principal building or principal use served;
3. 
It contributes to the comfort, convenience or necessity of occupants, business or industry located in the principal building or the principal use served; and
4. 
It is located on the same lot as the principal building or principal use served.
B. 
Construction, Alterations And Additions. All permitted accessory structures shall comply with the following provisions and requirements:
1. 
No accessory building or structure shall be constructed or occupied prior to the completion of the construction of the principal building to which it is accessory, except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be considered as part of the principal or main building and made a structural part thereof and shall conform to all regulations applicable to said principal building. Detached accessory buildings must conform to all provisions of this Code including issuance of a building permit.
2. 
The minimum distance of an accessory building or structure from any side yard or rear property line shall be ten (10) feet. No accessory building or structure is permitted within the required minimum front yard setback area.
3. 
No principal building or structure or accessory building or structure shall be located within or partially within a designated utility easement.
4. 
An attached garage or carport shall conform with all building and other regulations applicable to the residential structure.
5. 
A detached garage or carport located within ten (10) feet or less of a principal building shall be considered a part of the principal building when evaluating conformance with required minimum yard setback requirements.
6. 
Unless otherwise provided for in these regulations, all private garages, storage buildings and structures and ancillary structures shall comply with setback requirements applicable to the zoning district in which such building or structure is located.
7. 
Private garages or carports. Accessory buildings that are not a part of the main building although connected by an open breezeway more than ten (10) feet in length and in conformance with these regulations may be built on a required rear yard.
8. 
The height of a private garage or carport, storage garage or structure or ancillary structure shall not exceed the maximum height of the existing building.
9. 
A private garage or carport, storage garage or structure or ancillary structure including detached accessory buildings shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from the outside parameter or footprint of the said living area. Additional stories or finished areas above grade will be included when calculating the allowable square footage for accessory buildings. Requests for deviations from this regulation will require a conditional use permit.
C. 
Use Limitations. All accessory structures shall comply with the use limitations applicable in the zoning district in which they are located and with the following additional use limitations:
1. 
No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory and no accessory building shall be used for dwelling purposes.
2. 
No accessory structure or use shall be permitted in any required front yard setback area in any residential district.
3. 
Accessory structures and uses shall maintain the same setback requirements as are required for the principal structure located on the zoning lot, except:
a. 
Off-street parking, fences, walls and hedges may be located in accordance with the provisions of this Code;
b. 
An accessory building shall not be nearer than ten (10) feet to any side or rear lot lines.
4. 
Accessory garages may be allowed in front of a residential building by conditional use permit if such garage does not extend in whole or in part into any required minimum front yard setback.
5. 
There shall no be more than two (2) detached accessory buildings on a lot.
D. 
Uses Typically Permitted As Accessory. A typical permitted accessory use that complies with the established definition and provisions of this Code include, but are not limited to, the following uses:
1. 
In residential zoning districts, permitted accessory buildings or structures shall include, but not be limited to, the following: residential greenhouses, residential swimming pools and hot tubs, private garages and carports (attached or unattached), storage sheds, fences and privacy screens, private tennis courts, fireplace, sheds and similar uses.
2. 
In residential zoning districts, permitted accessory uses shall include home occupations (conditional use permit required), vegetable and flower gardens, the raising and keeping of small animals and fowl not on a commercial basis.
3. 
Off-street parking and loading spaces as required in Chapter 400, Zoning Regulations.
4. 
Private or public parking of motor vehicles in any non-residential zoning district, subject to the provisions of Chapter 400, Zoning Regulations.
5. 
Private parking or storage of recreational equipment or commercial vehicles, not exceeding six and one-half (6½) feet in height or twenty (20) feet in length, in any residential zoning district provided such parking or storage takes place in a garage or carport in a manner that screens the vehicle or equipment from view at normal eye level from any street or private property, further provided, that any such parking or storage does not encroach upon the required off-street parking.
6. 
Parking of commercial vehicles during the actual performance of a service at the premises on which it is located.
7. 
A private park or recreational facility including below grade swimming pools, bathhouses and/ or private tennis courts provided such facilities are set back at least fifteen (15) feet from any lot line and screened from adjacent residential property with a fence or dense planting at least four (4) and not more than eight (8) feet in height.
8. 
Fences in accordance with the provisions of Chapter 405, Sign and Fence Regulations of this Code.
9. 
Signs in accordance with the provisions of Chapter 405, Sign and Fence Regulations of this Code.
10. 
Decks. In no case shall an open and unenclosed addition be closer than fifteen (15) feet to the rear property line. A conditional use permit is required to enclose such a deck or to install a roof or awning over such a deck.
11. 
Detached accessory buildings and structures.
a. 
Height. In any district, a detached accessory building or structure shall not exceed the height of the primary building. A detached accessory building or structure for storage incidental to a permitted use shall not exceed twelve (12) feet in height without a conditional use permit.
b. 
Yard and area requirements. No accessory building or structures shall be erected in any required front or side yard. No detached building or structure may be erected closer than ten (10) feet to the rear or side lot line. In no case shall any accessory building or structure be located in a required transition strip or a recorded easement area.
c. 
Building bulk regulations. No structure, detached accessory building or combination of structure and detached accessory buildings shall be larger than forty percent (40%) of the allowable building area. Detached accessory buildings are only allowed on the side yard and back yard areas. Location of buildings or structures on a lot must meet all setback requirements.
Example #1: An eight thousand (8,000) square foot building area with a two thousand five hundred (2,500) square foot home above grade:
8,000 X .40 = 3,200
maximum allowable building area.
2,500 X .75 = 1,875
maximum allowable square footage per detached accessory building.
2,500 + 1,875 = 4,375
Total exceeds 3,200 maximum allowable building area and therefore would not be allowed.
Example #2: One (1) acre (forty-three thousand five hundred sixty (43,560) square foot) building area with a two thousand five hundred (2,500) square foot home above grade:
43,560 X .40 = 17,424
maximum allowable building area.
2,500 X .75 =1,875
maximum allowable square footage per detached accessory building.
2,500 + 1,875 + 1,875 = 6250
This example is much less than the 17,424 maximum allowable square footage building area and would support a 2,500 square foot home and two (2) maximum size detached accessory buildings.
Requests for deviations from this regulation will require a conditional use permit.
d. 
Corner lots. On corner lots all street frontages are considered front yard areas. The street address shall be considered the front of the building and the front yard shall be between the front of the building and the street. Side yards and the rear yard shall be determined accordingly.
12. 
Satellite dish antennas.
a. 
Satellite dish antennas eighteen (18) inches or less is an allowed accessory use in all zoning districts.
b. 
Satellite dish antennas greater in size than the standard eighteen (18) inch dish require a conditional use permit and must be in conformance with the following regulations within all zoning districts:
(1) 
General.
(a) 
No satellite dish antenna shall be constructed in any front or side yard but shall be constructed to the rear of the residence or main structure. In the case of a corner lot, the antenna shall be placed along the common side lot line, rather than the side street lot line, and shall be so placed to maximize screening from the side street.
(b) 
No satellite dish antenna, including its concrete base slab or other substructure, shall be constructed less than fifteen (15) feet from any property line.
(c) 
All structural supports shall be of galvanized metal.
(d) 
Wiring between the satellite dish antenna and a receiver/transmitter shall be buried.
(e) 
All satellite dish antennas shall be designed to withstand a wind force of eighty-five (85) miles per hour without the use of supporting guy wires.
(f) 
Any driving motors shall be limited to one hundred ten (110) volts maximum poser design and be encased in protective guards.
(g) 
All satellite antennas shall be bonded to a grounding rod.
(h) 
Antenna dishes and screening shall be removed at the owner's expense upon termination or revocation of the required antenna conditional use permit.
(i) 
Maximum heights and diameters according to the zoning district are as follows:
District
Maximum Diameter
Maximum Height above Ground Level
Residential Districts
7 feet
11 feet
Commercial Districts
11 feet
13 feet*
Planned Districts
Based on use, residential or commercial
* When placed on the roof of a structure, the maximum height shall be measured from the base of the roof mount.
(2) 
Residential district regulations.
(a) 
A maximum of one (1) satellite dish antenna shall be permitted per lot, located in a rear yard and shall be permitted for the private, non-commercial use of that property owner only and shall not be attached to stations on any other lot.
(b) 
The highest portion of a satellite dish antenna may not exceed a grade height of eleven (11) feet above the ground.
(c) 
In "R-4", "R-5", "R-6" and the Mobile Home Park Districts, one (1) master satellite dish antenna may be permitted to service the entire development at the discretion of the Board of Aldermen.
(3) 
Commercial and industrial district regulations. Roof-mounting of satellite dish antennas shall be permitted upon commercial and industrial buildings within the "C-1", "C-2", "C-3", "M-1", "M-2" and "M-3" Districts, provided that the antenna is placed in such a fashion as to not be visible from surrounding properties or the public street. In addition:
(a) 
No satellite dish antennas shall be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.
(b) 
The satellite dish antenna shall be designed to withstand a wind force of eightyfive (85) miles per hour.
(c) 
More than one (1) satellite dish antenna may be permitted per commercial or industrial lot in the "C-1", "C-2", "C-3", "M-1", "M-2" and "M-3" Districts.
(4) 
Permit required. No person, firm or corporation shall erect a satellite dish antenna, or cause the same to be undertaken, without first securing the appropriate permit from the Building Official or his/her authorized representative. An application for such a permit shall be filed, prior to commencement of any work, for the Building Official's review and approval and shall include:
(a) 
A site plan showing the adjacent properties, antenna location including distances from the main structure of the lot and adjoining property lines and proposed screening features.
(b) 
A drawing or picture of the antenna with all pertinent dimensions.
(c) 
A drawing of the method of installation, including footings and base supports.
(5) 
Code compliance. In addition to the aforementioned construction performance standards outlined, construction and installation of the satellite dish antenna shall conform to all requirements of the City's adopted Building and Electrical Codes.
13. 
Home occupations.
a. 
Permit required. No person shall conduct a home occupation without first securing a conditional use permit in accordance with this Code. An application for such a permit shall be filed prior to initiating a home occupation in conformance with the following:
b. 
Required criteria.
(1) 
Said occupation must occur in the home of the applicant (accounting, preparation of mailings, receipt of business mail, telephone answering service or taking of orders for goods/services).
(2) 
Applicant must be a resident of the City at the time of application.
(3) 
Applicant must fill out an application for home occupation and submit to City Clerk. Upon receipt of a complete application, the City Clerk will place the home occupation request on the next regularly scheduled Planning Zoning Commission meeting agenda. If the occupation is favorably approved or approved with conditions, the City Clerk can issue the appropriate business license.
(4) 
The applicant is required to send a certified letter to all adjoining property owners and to any applicable homeowners' association for the purpose of informing them of their intent to conduct a home occupation prior to the filing of the application with the City Clerk. Adjoining properties shall include all properties abutting the subject property on the side and rear and properties across any roadways abutting the subject property. A copy of the letter and the names and addresses of the persons sent the above required letter should be included in the application packet.
c. 
Regulations.
(1) 
Only one (1) home occupation shall be permitted per residence.
(2) 
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises or vibrations.
(3) 
Such occupations shall be conducted entirely within the residence and carried on by not more than two (2) individuals (not necessarily related) one (1) of whom is the principal occupant.
(4) 
The home occupation is clearly incidental and secondary to the principal use of the residence.
(5) 
A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
(6) 
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(7) 
The conduct of any home occupation including, but not limited to, the storage of goods and equipment shall not reduce or render unusable areas provided for the required off-street parking.
(8) 
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited.
(9) 
A minimum of two (2) off-street parking spaces shall be provided on the premises for said occupation.
(10) 
No commercial vehicle as defined by this Code shall be used in connection with a home occupation or parked on the property.
(11) 
No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electric) so that the combined use for the residence and the occupation exceeds the average for residences in the City by more than fifty percent (50%).
(12) 
No home occupation shall be conducted in any accessory building (garage or shed) except as approved by obtaining a conditional use permit.
(13) 
One (1) name sign may be affixed on the wall of the building containing the principal living area, provided that such sign is not more than one (1) square foot in area, does not contain any flashing, moving or intermittent illumination and meets other requirements of the City's sign ordinance.
(14) 
The Planning and Zoning Commission may require fencing around the yard if a home occupation permit for a day care home is deemed appropriate at the time of initial review of the home occupation or at any time the home occupation is reviewed.
(15) 
Garage sales shall be considered a home occupation when more than one (1) sale is held in a six (6) month period at a given residence by the owner or occupant of the property.
d. 
Examples of uses that frequently qualify as home occupations. The following are typical examples of use that often can be conducted within the limits of the criteria established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named in this paragraph nor does this listing of a use in this paragraph automatically qualify it as a home occupation: accountant, architect, artist, attorney, individual tutoring, insurance, one (1) chair barbershop, two (2) chair beauty shop.
e. 
Uses that are prohibited as home occupations. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified below shall not be permitted as home occupations: auto repair (other than minor), carpentry work, painting of vehicles or large household appliances, furniture stripping and similar uses, private investigation, firearms and/or ammunition sales or services or massage services/establishments.
f. 
Non-compliance of home occupation permit. Any applicant not complying with the restrictions and criteria specified shall be subject to the penalties as provided for in this Code.
g. 
Reapproval of and annual certification of home occupations. Home occupations shall be subject to review and reapproval annually by the Planning and Zoning Commission and Board of Aldermen when deemed necessary by the City Clerk. If the City Clerk determines the home occupation is operating within the conditions imposed by these regulations and the Planning and Zoning Commission, the City Clerk may renew the home occupation permit. If at any time the City Clerk determines a change in the operations or impact on the neighborhood of the home occupation has taken place, the City Clerk shall notify the Planning and Zoning Commission and the Board of Aldermen of such conditions and request a reconsideration of the conditional use permit. If the Board of Aldermen approves the City Clerk's request, the Clerk shall schedule a public hearing and notify the holder of the conditional use permit. At the time of reconsideration, the home occupation may be rescinded or reapproved. If reapproved, additional contingencies may be added or otherwise changed by the Planning and Zoning Commission or Board of Aldermen.
E. 
Uses Specifically Prohibited As Accessory. It shall be unlawful for any person, firm or corporation to occupy or use any land, building or part thereof for any accessory use that is specifically prohibited herein.
1. 
Definitions. The following terms shall have these prescribed meanings:
COMMERCIAL VEHICLE
a. 
Any motor vehicle or trailer licensed by a State as a commercial vehicle.
b. 
A vehicle one (1) ton or over that by its appearance, by markings and/or exposure of equipment and material is identifiable as a vehicle used primarily for the conducting of a business.
MINOR REPAIRS
Repairs such as changing oil, spark plugs, tires or air/oil filters, adjusting brakes, replacing carburetors, repairing or switching tires, replacing the alternator and repairs of a similar minor nature.
SUBSTANTIAL REPAIRS
All repairs other than minor repairs.
2. 
The following are specifically prohibited as accessory uses.
a. 
Repair or service of any motor vehicle in any residential zoning district unless the activities are confined within a completely enclosed building or unless the repairs are limited to those defined herein as minor motor vehicle repairs and are fully completed within a continuous period of twenty-four (24) hours or less, provided that all such repairs shall be limited to the vehicles of the resident or residents living within the principal building.
b. 
No person shall make substantial repairs to any vehicle or dismantle any vehicle upon a public street or upon private property in any residentially zoned district unless said repairs or dismantling is conducted within an enclosed areas, the interior of which cannot be viewed from any surrounding residential property.
c. 
Any repairs or dismantling as authorized in Subsection (b) above shall only be lawful if the owner of or person controlling the residential property is performing said repairs and/or dismantling a vehicle owned by a member of the household.
d. 
Nothing herein shall prohibit minor repairs be performed on a vehicle owned by a member of the household. Such minor repairs can be conducted in an enclosed area and if performed outside must be completed within a continuous six (6) hour period.
e. 
The repair of a vehicle under this Section shall not create a nuisance by excessive noise, early or late work or debris accumulation.
f. 
Outdoor storage except by conditional use permit.
g. 
Storage of mobile homes.
h. 
The use of recreational equipment or vehicles for living, sleeping or housekeeping purposes.
i. 
Outdoor storage of major recreational equipment in residential zoning districts.
j. 
Overnight outdoor parking of commercial vehicles in residential zoning districts.
k. 
Any outdoor parking or storage of vehicles, except as specifically permitted by the regulations of Chapter 400 of this Code.
l. 
No automobiles, commercial trucks, truck trailers or vehicles of any type shall be used for any storage purpose nor shall same be placed on skids, jacks or any other device that will make them immobile or inoperable without a conditional use permit, except for emergency repairs or as may be permitted by the Building Inspector for uses ancillary to construction.
m. 
Motor vehicles in residential zoning districts may not be displayed or advertised for sale unless said vehicle is non-commercial and is owned by the owner or occupant of the premises on which the same is displayed or advertised for sale.
n. 
Motor vehicles may not be parked or stored or advertised for sale on public property or street right-of-way.
o. 
With the exception of new and used motor vehicle sales facilities, motor vehicles may not be displayed for sale or advertised for sale in commercial or industrial zoning districts.
3. 
It shall be unlawful for any person, firm or corporation to occupy an accessory building for purposes of residency or for any other use resulting in systematic human occupancy.
[Ord. No. 558 §1, 8-4-2003]
A. 
Increasing The Number Of Dwelling Units. It shall be unlawful for any person to alter or cause to be altered any existing structure or portion thereof to increase the number of dwelling units on any parcel of land without:
1. 
Meeting the appropriate zoning district requirements contained herein, and
2. 
Obtaining a building permit specifically approving the increase in the number of dwelling units on the parcel.
B. 
Occupancy By More Than One (1) Family. The occupancy of a dwelling unit by more than one (1) family is prohibited and it shall be unlawful for any owner to occupy or permit the occupancy of a dwelling unit or part thereof unless all occupants of the dwelling are members of the same family.
C. 
No land shall be used except for a purpose permitted in the zoning district in which it is located.
D. 
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used except for a use permitted and in accordance with the district regulations in the zoning district in which such building is located.
E. 
Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
F. 
Structures or portions of structures constructed below the established 100-year flood elevation shall comply with the Federal Flood Insurance Standards for floodproofing.
G. 
Uncompleted Structures. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after commencement of construction. Upon written request demonstrating hardship, the City Administrator may grant extensions of the required completion date for up to three (3) additional months. Upon failure to meet the construction completion date, the property owner shall be served with written notice of violation. Upon failure to comply with said written notice of violation, the property owner shall be guilty of a misdemeanor and upon conviction thereof shall be fined under the stated terms and conditions. Property owners in violation of this Section shall not be issued additional building permits until all violations are satisfied.
[Ord. No. 574 §1, 12-1-2003]
A. 
All parking and loading areas shall be properly screened and landscaped as hereinafter set forth. It is the purpose and intent of this Section to require adequate protection for contiguous property against undesirable effects from the creation and operation of parking or loading areas; and to protect and preserve the appearance and character of surrounding neighborhoods and the City with aesthetic screening and landscaping; to provide greenspace to visually soften paved areas and buildings; and to provide shade, air purification, including noise, glare and heat abatement.
1. 
All landscaping and screening requirements shall be the responsibility of the property owner or developer to install and maintain. All landscaping and screening shall be located on the owner or developer's property.
2. 
Landscaping shall include, to the extent necessary to further the intent of this Section, shrubs, bushes, hedges, trees, grasses, seasonal plantings, ground cover plantings, decorative walls or fencing as set forth below.
3. 
Frontage along the entire parking or loading area adjacent to any public or private street shall be landscaped with shrub, bush and hedge plantings so as to separate and screen any parking area from the adjacent streets, including the provision of deciduous or hardwood street trees at not more than thirty-five (35) feet on center located parallel to the right-of-way on the subject property, a minimum of one (1) shrub, bush or hedge shall be provided for every ten (10) feet of lot perimeter or fraction thereof. Shrubs and bushes are not required to be planted ten (10) feet on center but may be clustered to provide an enhanced landscape appearance.
4. 
When off-street parking or loading areas and other areas zoned for any use, except one-family and two-family residential districts, are located adjacent to a residential district, there shall be provided along the lot line a continuous solid fence, masonry wall, greenbelt or equivalent landscaped berm or hedge to prevent direct light from automobile headlights shining on adjacent residential units. The maximum height of any fence or wall shall not exceed six (6) feet. The fence or wall shall not exceed three and one-half (3½) feet within fifteen (15) feet of the public right-of-way. The minimum height of any continuous landscape hedge shall be planted initially to twenty-four (24) inches and maintained to a minimum of three and one-half (3½) feet in height.
5. 
In addition to any landscaped front, back or side yard areas required by this or any other provision of this Code (except vehicle storage lots and multiple level parking structures), a minimum of ten (10) square feet of interior landscaped area shall be provided within the parking lot and adjacent to a proposed building(s) for each parking space when four (4) or more spaces are required subject to site plan approval. The landscaping shall be in one (1) or more areas so as to minimize and reduce the apparent size of parking areas and to provide shade, minimize heat and glare and to improve the community appearance. Interior landscaping shall be provided within raised, curbed parking lot islands. One (1) or more of the following alternatives shall be used for interior landscaping of parking lots.
a. 
A continuous or interrupted raised landscape strip or island of shade trees, shrubs, bushes and ground cover landscaping with a minimum width of five (5) feet between rows of parking spaces.
b. 
Raised landscaped island of no less than one hundred (100) square feet and not more than two hundred (200) square feet, with a minimum width of six (6) feet, to be located throughout the lot planted with shade trees, shrubs, bushes and ground cover landscaping.
c. 
Raised landscaped islands of no less than nine (9) feet in width and twenty (20) feet in length to be located at the end of or in between rows of parking spaces and to be planted with shade trees, shrubs and ground cover landscaping.
d. 
Raised diamond shaped islands required every four (4) parking spaces along interior parking aisles as directed by the Planning Department.
6. 
All interior landscape planting areas shall be treated with sod, vegetative ground cover species, mulch, decorative rock, decorative stone or similar material beneath surrounding trees and shrubs.
7. 
Deciduous shade trees shall have a minimum caliper of two and one-half (2½) inches in the trunk measured one (1) foot above ground. Evergreen trees shall be a minimum of six (6) feet in height at planting. Evergreen trees used for interior landscaping shall be a minimum of three (3) feet in height. All trees shall be properly planted and staked. In no instance shall there be less than two (2) trees in conjunction with the development of any parking facility or lot.
8. 
Landscaping hedges or shrubs shall be planted initially eighteen (18) inches in height and maintained to a maximum of three and one-half (3½) feet in height; however, no hedge, shrub, wall or berm shall exceed three (3) feet in height within ten (10) feet of any driveway opening.
9. 
The use of earth sculpting or berms as allowed by these regulations shall be designed to avoid erosion, drainage or maintenance problems.
10. 
All landscaping shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as initially approved. In order to present a healthy, neat and orderly appearance, landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other landscaping by utilizing a sprinkler system, hose bibs and/or such other method of providing adequate water. In the event that landscaping approved by the City as part of its site plan review should die and is not replaced by the property owner in a timely fashion, taking into consideration the season of the year, it shall be deemed a violation of this Chapter and subject to the penalties outlined in this Code.
11. 
A perimeter landscaped buffer strip shall be provided and maintained at a width of not less than ten (10) feet along all front, side and rear property lines. Said landscaped strip shall be planted with sod or similar turf grasses and shall contain trees and shrubs as required by this Section.
12. 
All landscaped area in parking areas or adjacent to parking or loading areas or that can be encroached upon by a motor vehicle shall be provided with a permanent Portland cement concrete curb as approved by the City Engineer to restrict the destruction of the landscaped area by vehicles. Adequate scuppers and/or weep holes shall be provided through the curbing to enhance landscaped appearance.
13. 
All side and rear property lines shall contain deciduous shade tree(s) a minimum spacing of fifty (50) feet as required by this Section. Deciduous shade tree(s) are not required to be planted fifty (50) feet on center but may be clustered to provide an enhanced landscape appearance.
14. 
All landscaping areas shall remain as greenspace and shall not be utilized for vehicle parking or corrupted with any form of impervious paved surface and shall not be utilized for storage of vehicles or equipment or as a location for any accessory building.
15. 
A landscaped legend shall be included on all plans, providing quantity, size and type of landscaping applicable to these standards.
[Ord. No. 330 §1(29), 7-12-1999; Ord. No. 574 §1, 12-1-2003]
Any use not listed herein shall be placed in a suitable zoning district. The Board of Aldermen shall make classifications after recommendation of the Planning and Zoning Commission.
[Ord. No. 330 §1(32), 7-12-1999]
A. 
Public service and utility buildings, hospitals, institutions, agricultural buildings or schools when permitted in a district may be erected to a height not to exceed one hundred ten (110) feet. Churches and temples may be erected to a height not to exceed seventy-five (75) feet if the building is set back from all yard lines at least one (1) foot for each foot of additional building height above the maximum height for the district it is in. The above addition to the height requirements are subject to approval by the Planning and Zoning Commission on a per case basis.
B. 
On lots fronting on two (2) parallel streets, the front yard shall be established on the most traveled street or as the Zoning Officer shall decide.
C. 
On corner lots, the yard fronting on the most traveled street shall be the front yard or as the Zoning Officer shall decide.
D. 
In commercial and industrial districts there may be more than one (1) building on a lot provided that the required yards be maintained around the group of buildings.
E. 
There may be two (2) or more related multi-family, hotel, motel or institutional buildings on a lot provided that the required yards are maintained around the buildings and buildings that are parallel or that are within forty-five degrees (45°) of being parallel must be separated by a horizontal distance that is at least equal to the height of the tallest building.
F. 
Those parts of existing buildings that violate yard regulations may be repaired or remodeled, but not reconstructed or structurally altered. Any additions shall observe the required yard regulations of the district it is in.
G. 
Required front yards shall be devoted entirely to landscaped area except for parking and the necessary paving of driveways and sidewalks to reach parking and loading areas in side or rear yards.
H. 
No sign, fence, wall, shrub or other obstruction to vision exceeding three (3) feet in height shall be erected, planted or maintained within thirty (30) feet of an intersection.
I. 
In all residential zoned districts, dogs, cats or rabbits may be kept as domestic pets by the occupant of the dwelling. These animals may not be used or kept for commercial or retail purposes or as to cause a public nuisance.
J. 
In all residential districts, chickens, geese, ducks, turkeys and other fowl shall be permitted under the following conditions:
1. 
Lot size minimum of fifteen thousand (15,000) square feet.
2. 
A permanent shelter or pen shall be provided, to be no closer than twenty (20) feet to side and rear property lines and fifty (50) feet from front property lines.
3. 
Shelter shall be maintained in sanitary condition.
4. 
Fowl shall not be kept for commercial or retail purposes, or as to cause a nuisance.
5. 
Fowl must be for pets or personal consumption only.
K. 
Filing station pumps and pump islands may be located in areas required for yards as long as they are a minimum of fifteen (15) feet from all lot lines.
L. 
Open, unenclosed porches (not glassed in) may extend ten (10) feet into a front yard.
M. 
All accessory buildings must be at least ten (10) feet from a main building.
N. 
Where a garage is entered from an alley, it must be kept at least ten (10) feet from the alley.
O. 
Trailers, including camping and boat trailers, pickup campers, RVs and boats shall not be stored in front yards.
P. 
Trucks and vehicles licensed over twenty-four thousand (24,000) pounds shall not be parked within any residential district other than on a temporary basis unless garaged.
[Ord. No. 330 §1(33), 7-12-1999; Ord. No. 454 §§1 — 2, 8-20-2001]
A. 
Where a lot of record at the time of the effective date of this Chapter (July 12, 1999) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located.
B. 
Existing buildings that are in violation of lot requirements may be remodeled, repaired or structurally altered as long as the addition conforms to these requirements.
C. 
Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
D. 
When a lot abuts upon a public alley, one-half (½) of the alley width may be considered as a portion of the required yard. One-half (½) of the alley width may be considered as a portion of the setback requirements.
[Ord. No. 330 §1(9), 7-12-1999]
Any lot or parcel of land that is to be divided in any manner, shall be considered a "planned development". All planned developments regardless of current or proposed zoning shall first be subject to the regulations and restrictions of the Subdivision and Land Development Ordinance of the City of Foristell, Missouri.
[Ord. No. 330 §1(10), 7-12-1999]
A. 
All buildings, structures and uses of land in the incorporated City limits of the City of Foristell shall be equipped with an adequate, safe and sanitary disposal system for all human, domestic and all industrial waste. For the purposes of this Chapter, disposal of sewage or other liquefied wastes may be handled by one (1) or more of the following methods:
1. 
A sanitary sewer system and a treatment facility. The design and installation shall be approved by the Missouri Department of Natural Resources.
2. 
Individual septic tank and either lateral fields or sand filter, provided the design and installation shall be approved by the Missouri Department of Natural Resources. Septic tanks shall only be allowed on lots or parcels of land three (3) acres or greater in size.
B. 
The above treatment systems shall be permitted or required as follows:
1. 
All subdivisions having lots, tracts or sites of an area less than three (3) acres in size must provide facilities for the collection and treatment of sanitary sewage. These facilities shall consist of sanitary sewer lines sized to current engineering practices and in accordance with the requirements of the Missouri Department of Natural Resources. A plat of the location of all lateral lines and main and trunk lines shall be filed with the City of Foristell Public Works office.
2. 
No permit for construction of a treatment facility shall be issued by the Planning and Zoning Commission until a copy of a permit issued by the Missouri Department of Natural Resources has been supplied.
C. 
The site of a treatment facility shall be such that no portion of the equipment and/or the water's edge shall be closer than two hundred (200) feet to a property line. Buildings and structures otherwise permitted may be constructed within one hundred (100) feet of the treatment facility.
D. 
The maximum number of dwelling units that the treatment facility can safely accommodate, as determined by the Missouri Department of Natural Resources, shall be entered on the land use permit for the facility and the Planning and Zoning Commission shall not issue permits for construction of buildings and/or structures greater than that number.
E. 
The developer of the subdivision shall be responsible for the continued maintenance and operation of the treatment facility unless he/she has been relieved, in writing, of the responsibility by another certified person or company. The City of Foristell is to have final approval of anyone responsible for the continued maintenance and operation of any treatment facility in the City limits of the City of Foristell, Missouri. The City may require bond or other surety to insure the continued operation and maintenance of treatment facilities.
F. 
The installation of individual septic tanks shall be permitted only when there is no possibility for connection to a sanitary sewer in the reasonable future. Before an individual permit can be issued, it must be shown that the cost of hooking to a treatment facility is not only monetarily prohibitive but physically prohibitive.
1. 
No septic tank shall be installed unless a septic tank permit has been issued by the Planning and Zoning Commission.
2. 
Permits for septic tanks will not be issued until a percolation test performed by a professional engineer registered in the State of Missouri has been done and the results have been submitted to the Commission. If the percolation test does not meet the criteria of the Missouri Department of Natural Resources, the Commission shall not issue a septic tank permit.
3. 
The septic tank permit shall be issued at the same time that the land use permit and the building permit are issued. There shall be a fee of twenty-five dollars ($25.00) for a septic tank permit.
4. 
The Planning and Zoning Commission shall be notified at least twenty-four (24) hours in advance of the installation of a septic tank or any other treatment facility. The Zoning Officer shall make inspection so that the installation meets the requirements of the Zoning Code, Department of Natural Resources and any other laws.
G. 
Any building, structure or use of land which will discharge sewage, waste or effluent of any kind shall require a permit from the Missouri Department of Natural Resources.
[Ord. No. 658 §§1 — 5, 2-21-2006]
A. 
It is understood by the Mayor and Board of Aldermen of the City of Foristell, Missouri, that adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted in such concentration that their operational features may establish the dominant character of any commercial or industrial area. Furthermore, reasonable zoning location and requirements regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as those having serious objectionable characteristics, thereby having a deleterious effect upon adjacent areas, which could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse effects of such uses will not contribute to the blighting and downgrading of surrounding neighborhoods, whether residential or non-residential by location or concentration, and to ensure the stability of such neighborhoods.
B. 
Adult entertainment establishments, as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, are authorized only in areas zoned "M-1" Light Industry District, exclusive of "MUD" and "PD" developments and shall be subject to the requirements of Section 400.230 of the Municipal Code of the City of Foristell, Missouri.
C. 
Adult entertainment establishments, as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, shall not be located within one thousand two hundred (1,200) feet of any residential zone, single- or multiple-family dwelling, church, public park, school, highway right-of-way or common ground. Such distance shall be measured in a straight line, from property line to property line, without regard for intervening properties. The structure of the adult entertainment establishment shall be designed in such a fashion so that all openings, entries and windows prevent view into the building from the outside.
D. 
The structure in which an adult entertainment establishment, as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no explicit sexual material, merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leave the impression of motion or movement shall be permitted around said structure.
E. 
Adult entertainment establishments as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, shall not be located within a one (1) square mile radius of another adult entertainment establishment.