[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
Zoning District R-1.
1. 
Lot size: not less than ten thousand (10,000) square feet, provided that where a lot has less area than herein required, in a separate ownership, at the time of the passage of this Article, but not less than seven thousand (7,000) square feet, this regulation shall not prohibit the erection of a one-family dwelling.
2. 
Lot width: not less than sixty (60) feet at the building line.
3. 
Yard.
a. 
Front: not less than twenty-five (25) feet in depth.
b. 
Rear: not less than twenty-five (25) feet.
c. 
Side: not less than ten (10) feet. Buildings on corner lots where interior lots have been platted shall provide a side yard adjacent to the side street of not less than fifty percent (50%) of the front yard established for building on interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of passage.
4. 
Floor area: not less than one thousand (1,000) square feet, excluding basements, porches and garages.
5. 
Portable buildings. The minimum side yard width and the minimum rear yard depth shall be five (5) feet.
6. 
Building height: not over thirty-five (35) feet.
B. 
Zoning District R-2.
1. 
Lot size: not less than ten thousand (10,000) square feet.
2. 
Lot width: not less than sixty (60) feet at the building line.
3. 
Yards.
a. 
Front: not less than twenty-five (25) feet in depth.
b. 
Rear: not less than twenty (20) feet.
c. 
Side: not less than ten (10) feet in width each, provided there shall be at least fifteen (15) feet on the street side of a corner lot.
4. 
Floor area: not less than one thousand four hundred forty (1,440) square feet, excluding basements, porches and garages.
5. 
Portable Buildings. The minimum side yard width and the minimum rear yard depth shall be five (5) feet.
C. 
Zoning District R-3.
1. 
Lot size: not less than ten thousand (10,000) square feet.
2. 
Lot width: not less than sixty (60) feet at the building line, provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Article, this regulation will not prohibit the erection of a one-family dwelling.
3. 
Yards.
a. 
Front: not less than twenty-five (25) feet.
b. 
Rear: not less than twenty-five (25) feet.
c. 
Side: not less than twenty (20) feet each where the dwellings located thereon do not exceed two (2) stories. An additional three (3) feet per side yard will be required with each additional story.
4. 
Floor area, multiple family: not less than seven hundred twenty (720) square feet per dwelling unit, excluding basements, porches and garages.
5. 
Access To Buildings In An Apartment Complex. In apartment complexes, there shall be a minimum distance between all buildings of twelve (12) feet. An access driveway for ingress and egress with a permanent dust-free paved surface shall be provided for all apartment complexes of thirty-six (36) units or more. Such driveway shall be a minimum of sixteen (16) feet wide. No parking shall be allowed in the driveway. The driveway and all buildings shall be located in such a manner as to provide access to all buildings by emergency vehicles.
D. 
Zoning District R-4.
1. 
Lot size: not less than ten thousand (10,000) square feet and at least one thousand five hundred (1,500) square feet per family.
2. 
Lot width: not less than one hundred (100) feet at the building line.
3. 
Yards.
a. 
Front: not less than twenty-five (25) feet in depth.
b. 
Rear: 25% of lot depth, or twenty-five (25) feet, whichever is less.
c. 
Side: not less than ten (10) feet in width each, provided there be at least fifteen (15) feet on the street side of a corner lot.
4. 
Floor area: not less than five hundred (500) square feet per dwelling unit, excluding basements porches and garages.
E. 
Zoning District O-C.
1. 
Lot size: no minimum lot size.
2. 
Yards.
a. 
Front: not less than twenty-five (25) feet in depth.
b. 
Rear: not less than thirty (30) feet.
c. 
Side: no minimum requirement, except that:
(1) 
Where an O-C District abuts any residential district, there shall be a side yard of not less than ten (10) feet.
(2) 
On corner lots, there shall be a side yard adjacent to the side street of not less than fifteen (15) feet.
3. 
Floor area: not less than one thousand (1,000) square feet per dwelling unit, excluding basements, porches and garages.
4. 
Portable Buildings. No provision is made for a portable building in an O-C Zoning District but that a variance before the Board of Adjustments would be required.
F. 
Zoning District C-1.
1. 
Lot size: no minimum lot size.
2. 
Yards.
a. 
Front: minimum depth of twenty-five (25) feet.
b. 
Rear: minimum depth of thirty (30) feet.
c. 
Sides: no minimum requirement, except that:
(1) 
Where a C-1 District abuts any residential district, there shall be a side yard of not less than ten (10) feet.
(2) 
On corner lots, there shall be a side yard adjacent to the side street of not less than fifteen (15) feet.
(3) 
Whenever any C-1 District abuts the side or rear line of a lot in a residential district, an opaque fence, wall or rear line of a hedge not less than five (5) feet and not more than six (6) feet high shall be constructed and maintained in good condition.
G. 
Zoning District C-2: as shown in approved plan.
H. 
Zoning District B-1.
1. 
Lot size.: no minimum lot size requirement.
2. 
Yards: no minimum front, back or side requirement.
I. 
Zoning District I-1.
1. 
Lot size: not less than one (1) acre.
2. 
Yards.
a. 
Front: not less than twenty-five (25) feet in depth.
b. 
Rear: not less than twenty (20) feet, except that no rear yard is required where the rear lot abuts property in a nonresidential district.
c. 
Side: no requirement, except that on corner lots and where I-1 District abuts any residential district, there shall be a yard of not less than ten (10) feet.
J. 
Zoning District I-2. Any building or portion of a building hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations:
1. 
Lot size: not less than twenty-two thousand (22,000) square feet, excluding private on-site streets.
2. 
Lot width: not less than one hundred (100) feet at the building line.
3. 
Yards.
a. 
Front: not less than thirty (30) feet.
b. 
Rear: not less than thirty (30) feet.
c. 
Side: not less than fifteen (15) feet.
4. 
Building height: no maximum height.
5. 
Vision clearance: on any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way.
6. 
Parking: See off-street parking and loading regulations in this Article.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
Height requirements: maximum height limit established for buildings and structures in all districts is thirty-five (35) feet, except I-2, which has no maximum height.
B. 
Exceptions to the height requirements:
1. 
Television and radio tower, church spires, belfries, monuments, water tower, chimneys, stacks and flagpoles may be erected to such heights as may be authorized by the commission.
2. 
Buildings in all districts except R-3 may be increased in height, provided that each yard is increased by one (1) foot for each foot of height increase.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
Rear Yard: In R-1, R-2, R-3 and O-C Zoning Districts, fences not in excess of six (6) feet in height may be built on the boundaries of that portion of any lot which comprises the "rear yard" of such lot as defined by this Article, not to extend past the front line of the dwelling in the side yard, provided no such fence may be erected within six (6) feet of an existing dwelling on an adjoining lot.
B. 
Front Yard: In R-1, R-2, R-3 and O-C Zoning Districts, solid fences and chain-link fences are prohibited in the front portion of any lot. Fencing not to exceed thirty-six (36) inches in height may be built on the boundaries of that portion of any lot which comprises the front yard of such lot as defined by this Article.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
Every building hereafter erected, moved or structurally altered shall be located on a lot, and in no case shall there be more than one (1) principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district. The development plan for a cluster housing, shopping center or industrial park shall be approved by the Planning Commission before the building permits are issued.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
Where a lot at the time of the effective date of this Article has less area or width than herein required in the district in which it is located, the owner of such lot does not own any other parcel adjacent thereto, said lot may nevertheless be used for a single-family dwelling, provided that residential uses are a permitted use in the district.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
On a corner in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and a half (2 1/2) and ten (10) feet above the center-line grades of the intersection streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of intersection.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
The types of signs permitted in each district shall be as follows:
1. 
Districts R-1, R-2 And R-3.
a. 
Church signs.
b. 
One (1) sign not exceeding thirty-six (36) square feet referring to the construction, rent or sale of a building or subdivision lot, which sign shall refer to the property on which sign is located and shall be removed as soon as the premises are sold, rented or construction is completed.
2. 
Districts O-C, C-1, C-2, B-1 And I-2.
a. 
Any signs permitted in the R-1, R-2 and R-3 Districts, except that signs in an O-C Zoning District shall be a maximum size of thirty-six (36) square feet.
b. 
Signs naming the business or businesses being conducted and advertising the goods and services offered; said signs shall be located on the same lot as in the business named or advertised.
3. 
Districts A-1 And I-1.
a. 
Any sign permitted in the C-1, C-2, B-1 and I-2 Districts.
b. 
Billboards.
4. 
Illuminated Signs.
a. 
Illuminated signs are permitted only in the C-1, C-2, B-1, I-1 and I-2 Districts; provided, however, that lights illuminating the signs shall not be so installed as to project into residential districts.
5. 
Prohibited Signs.
a. 
Signs with flashing lights, rotating beacons and the like shall not be permitted in any zoning district.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
The types of day care permitted in each district shall be as follows:
[]
1. 
Day-care facilities under the exclusive control of a religious organization caring for children up to 18 years of age are exempt from State licensing and may locate in any zoning district.
2. 
Day-care facilities with one (1) to six (6) children in all zoning districts.
3. 
Day-care homes with under ten (10), group day care with under twenty (20), and day-care centers with over twenty (20) children in R-3, R-4, O-C, C-1 and C-2. These uses shall be permitted in District R-2 only after the issuance of a conditional use permit pursuant to the provisions of Section 400.650.
4. 
Day-care facilities shall comply with all applicable Federal, State, County and local regulations pertaining to this type of business.
5. 
Attached to this Chapter is a chart showing day-care provisions.[1]
[1]
Editor's Note: Said chart is included as an attachment to this Chapter.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
General Provisions Affecting Non-Conformities.
1. 
Nothing contained in this Article shall require any change in the plans, construction or designated use of a building for which the building footings are in place at the time of the passage of this Article.
2. 
It is the intent of this Article to permit these non-conformities to continue until they are removed (except as otherwise herein provided), but not to encourage their survival. Such non-conformities are declared by this Article to be incompatible with the permitted structures and uses of land and structures in the districts involved. It is further the intent of this Article that such non-conformities shall not be enlarged upon, expanded, or extended except as provided for herein, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
3. 
A non-conforming use of land, premises, or structure shall not be enlarged upon, expanded or extended after the effective date of this Article.
4. 
If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
5. 
A non-conforming use or a non-conforming building or structure which is non-conforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.
B. 
Non-Conforming Uses Of Land. Where, on the effective date of adoption or amendment of this Article, a lawful use of land exists that is no longer permissible under the regulations and standards of this Article as adopted, or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1. 
No such non-conforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Article.
2. 
No such non-conforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of adoption or amendment of this Article.
3. 
If any such non-conforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the regulations and standards set by this Article for the district in which such land is located.
4. 
A non-conforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.
C. 
Non-Conforming Structures. Where, on the effective date of adoption or amendment of this Article, a lawful structure exists that could not be built under the regulations and standards of this Article as adopted or amended, by reasons of restrictions on lot area, lot coverage floor area ratio, heights, yards, spacing between building, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains lawful, subject to the following provisions:
1. 
No such structure may be enlarged or altered in a way which increases its non-conformity. On a non-conforming structure work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not to exceed ten percent (10%) of the then-current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Article shall not be increased.
2. 
Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Article.
3. 
Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
D. 
Non-Conforming Uses Of Structures. Where, on the effective date of adoption or amendment of this Article, a lawful use of a structure, or a premises, exists that is no longer permissible under the regulations and standards of this Article as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1. 
No existing building or structure devoted to a use not permitted by this Article in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such building or structure to a use permitted in the district in which it is located. On a structure devoted to a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not to exceed ten percent (10%) of the then-current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption, or amendment, of this Article shall not be increased.
2. 
Any non-conforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of adoption, or amendment, of this Article, but no such use shall be extended to occupy land outside of such building or structure.
3. 
If no structural alterations are made, any non-conforming use of a building or a structure, or of any premises, may be changed to another non-conforming use, provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriated or more appropriate to the district than the existing non-conforming use. In permitting such changes, the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Article.
4. 
Any building or structure, or any premises, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations and standards of the district in which such building, structure, or premises is located, and the non-conforming use shall not be resumed.
5. 
When a non-conforming use of a building or structure, or of a premises, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period, the building or structure, or the premises, may not thereafter be used except in conformance with the regulations and standards of the district in which it is located.
6. 
Where non-conforming use status applies to the use of a building, removal or destruction of the building or structure, shall eliminate the non-conforming use status. Any use of a new building or structure must be a use permitted in the district in which it is located. Destruction for this purpose is defined as damage to an extent of more than sixty percent (60%) of the replacement cost at the time of destruction.
E. 
Non-Conforming Uses Of Manufactured Homes. The lawful use of land existing at the time of the passage of this article, although such use does not conform to the provisions hereof may be continued, but if such non-conforming use is discontinued, any future use of such premises shall be in conformity with the provisions of this Article.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
General Provisions.
1. 
In all districts except a B-1 Central Business Zoning District, in connection with every use, sufficient off-street parking spaces shall be provided to accomplish the principles set forth in this Article and to meet the parking demands generated by residents, employees, company officials, company vehicles, and customers. Required parking spaces shall be located on the lot on which the principal use is located except as provided in this Section.
2. 
Each application for a building permit, zoning permit, or variance shall include plans for at least the minimum number of parking spaces as herein required. Plans shall include information as to location and dimensions of off-street parking spaces and the means of access to the spaces. The Administrative Official shall not approve any application until he/she determines that the requirements of this Section are met in the plans.
3. 
Each parking space shall contain not less than two hundred (200) square feet in area, exclusive of access and circulation aisles. Areas normally used for drive-in customer services such as drive-in windows and gas pump service shall not be counted as required parking spaces.
4. 
If the off-street parking space required by this Article cannot reasonably be provided on the lot on which the principal use is located, such space may be provided on any land within four hundred (400) feet of the principal building or use. The principal use shall be permitted to continue only as long as its parking requirements are met.
B. 
Off-Street Parking Criteria. The minimum number of required spaces shall be determined by the following criteria: (In addition, a developer shall evaluate his/her own needs to determine if they are greater than the minimum specified in this Article.)
1. 
R-1 Zoning District.
a. 
Two (2) off-street parking spaces per dwelling.
b. 
Churches: one (1) off-street parking space for each four (4) seats in the principal place of assembly.
c. 
Community buildings: ten (10) off-street parking spaces and one additional parking space for each three hundred (300) square feet of floor space.
d. 
School Parking Requirements (Public And Private).
(1) 
Elementary school: one (1) space for each employee and one (1) space for every ten (10) seats in the gym and/or area commons dedicated for the usage of that school. The size of each parking space shall be nine (9) feet in width and twenty (20) feet in length.
(2) 
Middle school: one (1) space for each employee and one (1) space for every 10 seats in the gym and/or area commons dedicated for the usage of that school. The size of each parking space shall be nine (9) feet in width and twenty (20) feet in length.
(3) 
High school: one (1) space for each employee and one (1) space for every five (5) seats in the gym and/or area commons dedicated for the usage of that school. Any gym facility utilized as the location for the playing of extracurricular sporting events shall be required to meet the additional parking requirements of the school utilizing the facility for those events.
2. 
R-2 Zoning District.
a. 
Two (2) off-street parking spaces per dwelling unit.
3. 
R-3 Zoning District.
a. 
Single-family dwellings: two (2) off-street parking spaces per dwelling unit.
b. 
Two-family dwellings: two (2) off-street parking spaces per dwelling units.
c. 
Multifamily dwellings: one and one-half (1 1/2) off-street parking spaces per dwelling unit.
d. 
Boarding houses and lodging houses: two (2) off-street parking spaces and one (1) additional space for each roomer or boarder.
4. 
R-4 Zoning District.
a. 
One (1) off-street parking space shall be provided per every two (2) occupants the building is ultimately designed to accommodate.
5. 
O-C And C-1 Zoning District.
a. 
Public buildings: ten (10) off-street parking spaces and one additional parking space for each three hundred (300) square feet of floor space.
b. 
Retail business and service establishments: one (1) off-street parking space for each company vehicle and one (1) space for each two hundred (200) square feet of gross floor area.
c. 
Service stations: two (2) off-street parking spaces for each gas pump and four (4) off-street spaces for each grease rack.
d. 
Restaurant, cafe, night club or similar establishment: one (1) off-street parking space for each two (2) employees and one (1) additional space for each one hundred (100) square feet of gross floor area.
e. 
Office buildings, banks, and similar institutions: one (1) off-street parking space for each two hundred (200) square feet of gross floor area.
f. 
Auto sales and garages: one (1) parking space for each employee and four (4) spaces for each maintenance stall.
g. 
The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning Commission.
6. 
C-2 Zoning District.
a. 
As shown in approved plan.
7. 
I-1 Zoning District.
a. 
One (1) off-street parking space for each employee on the largest shift and one (1) space for each company vehicle stored at the site.
C. 
Application Of Requirements.
1. 
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
2. 
The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning Commission.
3. 
Wherever a building or use constructed or established after the effective date of this Article is changed or enlarged in floor area, number of employees, 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 Article 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.
4. 
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.
D. 
Joint Use Of Parking Space. All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed four hundred (400) feet from any non-residential building served.
1. 
Up to fifty percent (50%) of the parking spaces required for: (a) theater, public buildings, bowling alleys, dance halls, night clubs or cafes and up to one hundred percent (100%) of the parking spaces required for a church may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that written agreement thereto is properly executed and filed as specified below.
2. 
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, shall be approved as to form by the City Attorney, and shall be filed with the application for a building permit.
3. 
Off-street parking spaces may be located within the required front yard of any C or I Zoning District, but no off-street parking shall be permitted in the required front yard of any R Zoning District, except upon a driveway providing access to a garage, carport or parking area for dwelling.
E. 
Off-Street Loading Space. 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 site or premises, off-street loading space in accordance with the following requirements:
1. 
Within any O-C, C-1, C-2 or B-1 Zoning District, one (1) loading space for each ten thousand (10,000) square feet of gross floor area.
2. 
Within any I-1 Zoning District, one (1) loading space for each thirty thousand (30,000) square feet of gross floor area.
3. 
For the purpose of this Section, an off-street loading space (exclusive of adequate access drives and maneuvering space) shall have minimum dimensions of twelve (12) feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
Purpose. The intent of this Section is to:
1. 
Establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, erosion control, and noise, glare and heat abatement.
2. 
Provide visual buffering from streets, to buffer potentially incompatible land uses and to generally enhance the quality and appearance of a development site, and the City in total.
3. 
Encourage the preservation of existing trees and vegetation.
4. 
Supplement the land disturbance permit requirements.
B. 
Authority. The Superintendent of Public Works is hereby designated as the enforcement officer under this Section.
C. 
Lands To Which This Section Applies. The landscaping and screening requirements of the Section shall apply to all land public and private located in the City of Hallsville, Missouri, except the following:
1. 
Land within Zoning District A-1; R-1; R-2 (except for those R-2 zoned developments having lots which contain attached residences and which have side or rear property boundaries abutting collector or arterial street right-of-way); M-1 and F-1 or portions thereof consisting of single-family detached dwellings on individual lots and two-family attached dwellings on individual lots (except for two-family developments having lots which have side or rear property boundaries abutting collector or arterial street right-of-way). Notwithstanding this exception, parking areas and loading/unloading areas in any zoning district shall be subject to the provisions contained in this Section. Buildings or additions to buildings in District B-1 shall be exempt from the provisions of this Section; however, any parking areas associated with buildings or additions to buildings in District B-1 shall not be exempt from the provisions of this Section.
2. 
Development existing or approved by the City of Hallsville in the form of building permit issuance or final development plan approval, prior to June 11, 2001.
3. 
An existing single-family detached dwelling unit.
D. 
Landscape Plan Requirements. A landscaping plan, prepared by an individual who can demonstrate knowledge of landscape design, shall be required. In addition, approval of a landscape plan shall be required prior to the issuance of building permits and prior to the development of any parking area or loading/unloading area.
E. 
Screening And Landscaping Requirements.
1. 
A minimum of fifteen percent (15%) of the total land area of any tract, parcel or lot shall be landscaped. Landscaping shall be reasonably distributed throughout the site.
2. 
No new buildings or additions to existing buildings shall be permitted unless additional landscaping is provided on the tract, parcel or lot in an area equal to at least fifteen percent (15%) of the land area occupied by the new building or addition. This Subsection shall not apply to any land which meets the minimum requirements of Subsection (E)(1).
3. 
All paved areas with more than fifty (50) feet of length, within twenty (20) feet of a street right-of-way shall have a six-foot-wide street yard landscaping strip within private yards separating parking areas from abutting street rights-of-way containing no less than four (4) of the categories of planting listed in Subsection (F) of this Section. The street yard landscaping strip shall contain one tree per fifty (50) feet of street frontage. Such trees may be clustered or arranged within the area and need not be placed at even intervals. The street yard strip may contain driveways. No parking areas shall contain more than one hundred fifty (150) spaces. If a greater number is required, separate parking areas of not more than one hundred fifty (150) spaces shall be provided and shall be separated by a landscaped area of at least ten (10) feet in width. The ten-foot-wide landscaped area shall contain four (4) of the categories of planting materials listed in Subsection (F) of this Section. In addition, trees shall be planted within the ten-foot-wide landscaped area at the rate on one tree for each fifty (50) lineal feet. Appropriately placed connections between parking areas are permitted. No less than fifty percent (50%) of the linear street frontage forming the perimeter of parking areas described above, exclusive of driveways and entrances, shall contain screening materials. These materials may consist of plantings from the tree and shrub categories, or ornamental fences or walls, or earthen berms, or some combination thereof. This screening shall extend to a minimum of three (3) feet above the grade of the parking lot. Also see Subsection (I).
4. 
In addition to the above, paved areas developed after June 11, 2001, and additions to paved areas which were developed prior to June 11, 2001, exceeding four thousand five hundred (4,500) square feet in area shall contain a minimum of one (1) tree for every four thousand five hundred (4,500) square feet of paved area. All required trees planted to achieve compliance are to be distributed in a configuration which shades the paved areas within the site. In a case where the location of trees within the site interferes with the loading and unloading of large vehicles, the required trees may be placed at the perimeter of the paved areas or in other suitable locations on the site. All required trees planted to achieve compliance must be a locally adapted species, approved for the site by the Superintendent of Public Works. The Superintendent of Public Works is authorized to adopt and maintain a list of approved species to be used for planting required by this Section. When a site, in the opinion of the Superintendent of Public Works, is configured in a manner that makes planting of required trees impractical or unsafe, shrubs and ground cover may be substituted for trees. Existing trees saved on the site within the parking area may be credited toward minimum tree requirements only if it is demonstrated that they have been properly protected during and following development and if they meet the size requirements of Subsection (F). Also see Subsection (I).
5. 
Paved areas containing more than one thousand five hundred (1,500) square feet, or loading/unloading areas within fifty (50) feet of a residential use or residential zoning district, but not separated by street right-of-way, shall be screened from view of the adjoining use or district, by landscaping materials, ornamental fence and walls in combination with plant materials, properly stabilized earthen berms, or a combination of any of these methods. Screening shall be so designed that at least eighty-percent opacity is achieved, viewed horizontally, in the space between one (1) foot and five (5) feet above grade at the screen line, at the time of installation; provided, that where plant materials are used for screening, these shall be selected and placed to achieve the same objective within four (4) full growing seasons following planting. All screening material, including plant material, shall be continuously maintained in good condition, to the above standards.
6. 
Landscaping and screening shall not be allowed to obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or condition dangerous to the public safety upon any such street.
7. 
Of the combined total number of trees required to be planted in the six-foot-wide street yard landscaping strip and in the interior parking lot, no less than thirty percent (30%) shall be of a species of medium to large shade trees.
8. 
Lots which contain attached residences and which have side or rear property boundaries abutting collector or arterial street right-of-way shall have screening either along such boundaries or around any patios on the lot which are visible from the right-of-way. The screening shall consist of landscape materials, ornamental fences or walls in combination with plant materials, properly stabilized earthen berms, or a combination of these methods. Screening shall be so designed that at least fifty percent (50%) opacity is achieved, viewed horizontally, in the space between one (1) foot and five (5) feet above grade at the screening line, at the time of installation; provided that where plant materials are used for screening, these shall be selected and place to achieve the same objective with four (4) full growing seasons following planting. Screening shall be placed on private property. All screening material, including plant material, shall be continuously maintained in good condition to the above standards.
F. 
Planting Requirements. The categories of planting material and the minimum planting sizes for planting materials, where applicable, shall be as follows:
1. 
Medium and large deciduous shade trees: two-inch caliper, as measured six (6) inches above the ground, as specified by the American Association of Nurserymen.
2. 
Small deciduous or ornamental trees: four (4) feet in height as specified by the American Association of Nurserymen, with the exception of true dwarf species.
3. 
Conifers: six (6) feet in height.
4. 
Upright evergreen trees: four (4) feet in height as specified by the American Association of Nurserymen, except for true dwarf species.
5. 
Deciduous shrubs (minimum two-gallon size).
6. 
Evergreen shrubs (minimum two-gallon size).
7. 
Ground cover plants (crowns, plugs, containers): In a number as appropriate by species to provide fifty percent (50%) surface coverage after two (2) growing seasons.
8. 
Grass seeding or sod: as appropriate to provide complete coverage within the first growing season.
9. 
Perennial flowers.
10. 
Ornamental grass.
G. 
Installation, Maintenance And Enforcement.
1. 
Required landscaping shall not be installed until all street yard landscaping strips, setbacks, tree planting sizes and locations, screening locations and overall planting configurations are inspected and approved by the City. Deviations from the approved plans shall be corrected to conform to the approved plan. If, in the opinion of the Superintendent of Public Works, compliance is not achievable due to unforeseen circumstances, the landscaping plan may be amended, but in all cases must comply with the requirements of the landscaping requirements for the zoning district in which the site is located.
2. 
All landscaping called for in the approved landscaping plan, living and non-living, shall be in place and approved by the City prior to issuance of certificates of occupancy. It shall be unlawful to occupy any structure, or to represent to any person that the structure may be occupied, prior the final approval of the landscaping. If, at the time of request for the certificate, the required landscaping would be jeopardized by weather conditions, the developer shall comply with applicable provisions of Subsection (F) when weather conditions permit.
3. 
The trees, shrubs, fences, walls and other landscaping materials depicted on approved plans shall be considered as elements of the project in the same manner as parking, building materials and other elements. The developer, his/her successor and subsequent owners and their agents who are authorized to maintain the property, shall be responsible for the continued maintenance. Plant material which exhibits evidence of insect pest disease or damage shall be appropriately treated, and dead plants promptly removed and replaced with the next planting season. All landscaping will be subject to periodic inspection by the City to ensure compliance.
4. 
A minimum one hundred seventy (170) square feet pervious growing area per medium to large tree shall be provided. A minimum seventy-five (75) feet pervious growing area shall be provided for ornamental trees.
H. 
Alternative Methods Of Compliance. Although certain material or a particular method of construction is specifically prescribed by this Section, this Section is not intended, especially whenever a stream, natural rock formation or other physiographic condition exists, to prevent the use of a material or method of construction not prescribed specifically by this Section; provided, any such alternate material or method has been approved in writing or in plan and its use authorized by the Superintendent of Public Works. The Director may approve in writing or in plan any such alternate material or method of construction; provided, it is found that the proposed alternate is for the purpose intended, and is at least the equivalent of that specifically prescribed by this Section in quality, effectiveness, durability, hardiness, and performance.
I. 
Exceptions. The following uses are exempt from the requirements of Subsection (E)(3) and (4) above: motor vehicles or trailer sales and service; farm machinery sales and service; except that paved areas of such exempted uses with more than fifty (50) feet of length within twenty (20) feet of a street right-of-way shall have a six-foot-wide street yard landscaping strip within private yards separating such areas from abutting street rights-of-way containing no less than four (4) of the categories of planting materials listed in Subsection (F) of this Section. Such landscaping strip shall not be subject to the tree or screening requirements imposed by Subsection (E)(3); and except that when a use listed above has been abandoned, and trees and screening have not been installed in accordance with the provision of this Section, such tree planting and screening shall then be required prior to occupancy for any other use.
[Ord. No. 10.310 - 10.760, 6-11-2001; 11-12-2001; 11-28-2001; 4-28-2003; 10-13-2003; 2-9-2004; 12-12-2005; 12-11-2006; 5-12-2008]
A. 
Purpose. The purpose of this Section is to:
1. 
Provide for the appropriate location and development of communications facilities and systems, antennas and towers to serve the citizens and businesses of the City.
2. 
To define the difference between antennas and towers for residential purposes and those for commercial uses.
3. 
Insure the compliance of any antenna or tower with FCC (Federal Communications Commission) and FAA (Federal Aviation Administration) regulations.
B. 
Definitions. As used in this Section, the following terms shall have the meanings and usages indicated.
1. 
Antenna: any device that transmits or receives radio frequency signals for voice, data or video communications purposes including, but not limited to: television, AM/FM radio, microwave, cellular telephone, digital telephone and similar forms of communications. The term shall exclude satellite antennas less than six (6) feet in diameter and any receive-only home television antenna
2. 
FAA: Federal Aviation Administration.
3. 
FCC: Federal Communications Commission.
C. 
Uses Defined. For the purposes of this Section, the following shall pertain:
1. 
Commercial use antenna or tower: any structure built and utilized for purposes defined under "antenna" in the definitions Section and resulting in compensation for the provided service either locally or as a network or relay system.
2. 
Residential use antenna or tower: any structure built and used for personal purposes to include ham radio operations, citizen band radio operations or other two-way radio operations not utilized as part of a business operation or for compensation.
D. 
Allowed Locations. The uses will be allowed in the following zoning districts:
1. 
Residential antennas and towers shall be allowed in the following zoning districts:
a. 
A-1.
b. 
R-1.
c. 
C-1.
d. 
B-1.
e. 
I-1.
2. 
Commercial antennas and towers shall be allowed in the following zoning districts:
a. 
A-1.
b. 
I-1.
c. 
On City-owned property with the approval and consent of the members of the Board of Aldermen.
E. 
Obsolete Tower Structures And Antennas. Any tower or disguised support structure which is not occupied by active antennas for a period of twelve (12) months or any antenna which is not used for a period of twelve (12) months shall be removed at the owner's expense. The Superintendent of Public Works is authorized to order the owner of any private property to remove any unused tower or antenna on the owner's property within a reasonable time specified by the Director. The order shall require the tower or antenna to be removed unless the owner, within ten (10) days of receipt of the order, appeals the matter to the Board of Adjustment. If the Board finds that a tower has not been occupied by active antennas for twelve (12) months or an antenna has not been used for twelve (12) months, it shall order the tower or antenna to be removed within a specified time. If the unused tower or antenna is not removed as specified in an unappealed order of the Superintendent of Public Works or as specified by the Board of Adjustment, the Superintendent of Public Works may cause the tower or antenna to be removed. The Superintendent of Public Works shall submit the actual cost of such removal to the owner of the property. If the owner does not pay the cost with thirty (30) days of receipt, the Superintendent of Public Works shall certify the cost to the City Clerk, who shall cause a special tax bill against the property to be prepared and collected. The tax bill shall be due and payable from the date of issuance and shall be a lien of the property from the date of issuance until paid. Tax bills issued pursuant to this Section shall bear interest from the date of issuance at the rate of nine percent (9%) per annum.
[Ord. No. 376, 2-10-2020]
A. 
Definitions. The following words shall have the meanings set forth below, unless the context clearly dictates otherwise, or unless contradicted by a definition provided by State Statute or the Missouri Constitution, Article XVI:
CHURCH
Includes churches, synagogues, temples or other places of worship.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused projects manufacturing facility.
MEDICAL MARIJUANA FACILITY
A medical marijuana dispensary, medical marijuana cultivation facility, medical marijuana testing facility, and medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
B. 
Interpretation.
1. 
The distance limitations in this Section, when referring to distances between facilities or uses, shall be measured in a straight line from the lot lines of property.
C. 
Medical Marijuana Facilities.
1. 
Dispensary.
2. 
Cultivation Facility.
3. 
Infused Products Manufacturing Facility.
4. 
Testing Facility.
D. 
Requirements For Medical Marijuana Facilities.
1. 
May be located as a conditional use in I-1 Districts. Approval shall only be made upon satisfactory compliance with the provisions of this Section.
2. 
Medical marijuana facilities must have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a conditional use permit upon showing that the applicant has applied for such a license, but the conditional use permit will not be issued until such license has been obtained.
E. 
Standards For Medical Marijuana Facilities.
1. 
Buffer Requirements.
a. 
No facility may be located closer than one thousand (1,000) feet from any other medical marijuana facility except when marijuana sales represents less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy.
b. 
No facility may be located within one thousand (1,000) feet of any local, State, or Federal building, childcare, church or educational facility.
2. 
Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
3. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility.
4. 
Hours Of Operation. All medical marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.
5. 
Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
6. 
Residential Dwelling Units Prohibited. No medical marijuana facility shall be located in a building that contains a residence.
7. 
Ventilation Required. All medical marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
8. 
A Conditional Use Permit To Locate A Medical Marijuana Facility.
a. 
Shall be personal to the applicant and shall not run with the land.
b. 
Shall be subject to the applicant's continued compliance with all applicable City ordinances regarding operation of a medical marijuana facility.
9. 
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
F. 
Signage. In addition to sign regulations located in the City of Hallsville's sign code, the following shall apply to signage for medical marijuana facilities:
1. 
Facilities shall not use signage or advertising with the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.
2. 
Facilities shall not advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes.