[R.O. 2012 §405.635; Ord. No. 2655 §1, 7-9-2001; Ord.
No. 2822 §1, 4-14-2003; Ord. No. 3201 §1, 2-12-2007; Ord. No. 3694 §1, 11-14-2011]
A.
The
regulations contained in this Article are applicable and supplementary
to all zoning district regulations.
1.
Number of dwellings on lot. Every single-family
dwelling hereafter erected or structurally altered shall be located
on a separate lot or tract. In no case shall there be more than one
(1) single-family dwelling on one (1) lot or tract except for accessory
buildings or uses, as defined herein, and except for any structure
authorized as part of a special procedure requiring submission to
the Planning and Zoning Commission of any type of site development
plan for review and approval.
2.
Computation of lot areas. Land dedicated to street
right-of-way shall not be included in computing minimum lot area for
the purposes of the Zoning Code of the City of Union, Missouri. However,
if through dedication of street right-of-way, the area of any lot
or parcel already established via the provision of the Subdivision
Regulations is decreased below the minimum area required in the applicable
zoning district, development rights shall not be denied.
3.
Encroachments. Every part of a required yard shall
be open to the sky, unobstructed except as follows:
a.
Ornamental/mechanical appurtenances not considered. Ordinary projections of chimneys, flues, skylights, sills, belt courses,
cornices and other ornamental features projecting not to exceed twelve
(12) inches.
b.
Fire escapes or balconies permitted. Open, or lattice-enclosed
fire escapes, fireproof outside stairways, and balconies opening upon
fire towers projecting into a yard not more than five (5) feet.
c.
Porches or vestibules. An open unenclosed porch
not more than one (1) story in height or paved terrace may project
into the required front yard for a distance not exceeding ten (10)
feet. An enclosed vestibule containing not more than forty (40) square
feet may project into the required front yard for a distance not to
exceed four (4) feet.
d.
Terraces. Uncovered porches, platforms, and ornamental
features which do not extend more than three (3) feet above floor
level of the first (ground) story may project into a required yard,
provided these projections be distant at least two (2) feet from the
adjacent side lot line.
e.
Portion of alley included in rear yard. In computing
the depth of a rear yard, where such yard opens onto an alley, one-half
(½) of the alley width may be included as a portion of the
rear yard.
f.
Fences. Fence, fences or fencing shall be defined
as a structure, partition, privacy screen or wall erected at grade
as a dividing marker or barrier for the purpose of enclosing a piece
of land, separating contiguous pieces of land or marking off a piece
of land. All fences shall be subject to the following requirements.
(1)
No fence, retaining wall or abstraction shall be constructed
or erected within the right-of-way of any public street or alley.
(2)
Fences erected on, within or across any public utility easement
or across ditches shall be constructed so that drainage shall not
be obstructed. In the event it becomes necessary to remove any such
fence from a public easement, right-of-way or from across a ditch
for maintenance or other purposes, removal and/or replacement of any
such fence shall be the sole responsibility of the owner of the fence
or retaining wall.
In the event the removal of any such fence or retaining wall
becomes necessary and the owner refuses to do so, the City shall have
the right to do so and to assess the cost thereof as a special tax
bill against the property in question.
(3)
No fence, as defined above, shall be constructed which would
restrict the views from normal traffic flow areas or which would present
a hazard to the public safety and welfare. Fences which are not otherwise
restricted or prohibited may not exceed a maximum of eight (8) feet
in height.
(4)
No fence, as defined above, shall be constructed in the front
yard of any residence, provided that with respect to this provision
only, the side yard of a residential corner lot shall not be considered
as a front yard. Fences may be constructed within the side yard as
defined herein of a residential corner lot but only after obtaining
approval therefrom from the City Engineer who shall insure that the
construction thereof will not present a safety hazard to traffic flow
or pedestrians.
(5)
All fences shall be located entirely upon the private property
of the owner constructing such fence.
(6)
A non-transparent fence or enclosure shall be placed around
all solid waste dumpsters which are one (1) cubic yard or greater
in volume which is to be placed and/or which shall service any structure
other than a single-family dwelling within all "R-3", "R-4", "B-2"
and "I-1" Zoning District. All such fences or enclosures shall be
a minimum of one (1) foot wider on all sides and one (1) foot taller
than the solid waste dumpster which such fence encloses. Adequate
doors shall be used which allow the solid waste dumpster to be easily
accessed by a solid waste collection vehicle.
4.
Refuse and open storage.
a.
Refuse. All principal uses other than single-family
and two-family dwellings located on a single lot shall provide facilities
for adequate on-site storage of refuse. The storage and collection
of refuse shall be so managed as to create no health hazard, rodent
harboring, insect breeding areas, hazardous conditions, or air pollution.
All refuse shall be stored in fly-tight, water-tight, rodent-proof
containers which shall be provided in sufficient number and capacity
to accommodate all refuse. Satisfactory containers shall be provided
at permanent locations, in areas appropriately and visually screened
and accessible to waste collection vehicles, which shall be properly
maintained for that purpose and which provides appropriate means of
vehicular access, egress, and accessible to solid waste collection
vehicles.
5.
Corner lot. Each corner lot shall have a rear yard
and a side yard with minimum setback requirements of the applicable
zoning district. The side and rear yards shall be identified by the
owner of the corner lot when plans are submitted for the first building
on the property.
6.
Street corners to remain free from visual obstruction. A triangular space shall be maintained at the street corner of a
corner lot, free from any kind of obstruction to vision between the
heights of three (3) and twelve (12) feet above the established street
grade. The street grade shall be measured at the intersection of the
centerlines of the intersecting street pavements, and the triangular
space determined by a diagonal line connecting two (2) points measured
fifteen (15) feet equidistant from the intersection of the property
lines or the property lines extended on the corner of the lot using
each of the street right-of-way lines.
7.
Roadway entry — approval procedure.
a.
All roadway accesses shall be designed in accordance with AASHTO
"A Policy on Geometric Design of Highways and Streets" latest edition.
b.
If the roadway entry is for a subdivision, then any such request
shall be made as part of the original plat of the subdivision and
shall be submitted to the Planning and Zoning Commission as part of
the preliminary plat. The Planning and Zoning Commission shall thereafter
process the request and make appropriate recommendations to the Board
of Aldermen.
c.
If the roadway entry is not part of a newly developed subdivision,
then the applicant shall first request permission from the City Engineer
or the designated official. If the application is in proper form and
will not interfere with the public safety or the City's development
plans, said official shall authorize the entry. In the event that
such official shall deny the application for entry, the applicant
may then request that the Planning and Zoning Commission review the
request. Once the matter is placed with the Planning and Zoning Commission,
the normal procedure pertaining to decisions by the Planning and Zoning
Commission shall be followed. This shall include a public hearing,
if necessary, and include recommendations to the Board of Aldermen
who shall make the final determination as to whether or not the entry
shall be granted.
d.
The Board of Aldermen reserves the right to close any illegally constructed
entrance to any City street or public right-of-way at a cost to be
charged to the developer.
8.
Temporary structures for construction. Temporary
structures, as set forth below, which are to be used in connection
with the development and sale of a tract of land, may be erected or
located on said tract prior to and may remain thereon during the construction
or development period.
a.
Temporary buildings or trailers may be used as construction offices,
field offices or for storage of materials to be used in connection
with the development of said tract, provided that said temporary structures
are removed from said tract within thirty (30) days after completion
of the project development.
b.
No trucks, truck trailers of any kind, or any portions thereof, shall
be used for storage purposes for a period in excess of thirty (30)
days.
10.
Excavations. The construction, maintenance or existence
of any unprotected, unbarricaded, open or dangerous excavations, holes,
pits or wells, or of any excavations, holes or pits which constitute
or are reasonably likely to constitute a danger or menace to the public
health, safety or welfare are hereby prohibited; provided, however,
this provision shall not prevent any excavation under a permit issued
under the Building Code of the City of Union where such excavations
are properly protected and warning signs posted in such manner as
may be approved by the Building Officer.
11.
Swimming pool — building permit required. In
all districts swimming pools shall require a building permit.
12.
Creation of new lots. No new lots shall be created
of less than the minimum lot area, yard and density requirements of
the district in which it is located. In the event the permitted use
terminates, the lot shall be established as common ground for an adjacent
development or combined with an adjacent parcel. Prior to the approval
of a subdivision record plat creating a lot of less than the minimum
lot area, yard and density requirements of the district in which it
is located, a deed or other legal instrument must be approved by the
Planning and Zoning Commission and approved by the Board of Aldermen
and recorded with the Recorder of Deeds, which guarantees the required
transfer of the property in the event the permitted use is terminated.
13.
Minimum lot frontage. Any lot in any district shall
have the minimum lot frontage abutting a street as provided in the
district in which it is located. The only exception to this requirement
may be in a Planned Unit Development.
14.
Regulation of dumpsters.
a.
DUMPSTER
As used in this Section, the following term shall mean as follows:
A container commonly used for the temporary storage of construction
materials and debris.
b.
It shall be unlawful for any person to park, place or suffer placement
of a dumpster in or upon any street, highway, roadway, designated
fire lane or sidewalk in the City of Union without a permit.
d.
Each dumpster described in Subsection (14)(a) shall have a lighted barricade on front and back side and a copy of the approved permit.
e.
Each dumpster described in Subsection (14)(a) shall not be placed for more than ten (10) consecutive days.
f.
This Section shall not apply to the use or placement of dumpsters
on property in association with ongoing construction activities carried
out pursuant to a valid building permit.
g.
A permit must be applied for in the Building Department for each dumpster described in Subsection (14)(a).
h.
There is a twenty-five dollar ($25.00) application fee for each permit.
i.
No approval will be granted for any dumpster permit unless the City
Engineer determines that there are no unnecessary traffic hazards,
that there is adequate clearance for parking and no parking zones.
15.
Private parking and storage.
[Ord. No. 3851 §3, 2-10-2014]
a.
Private parking or storage of camping and recreational equipment, as defined in Section 365.100, is permitted in any residential zoning district, provided such parking or storage takes place in a garage, carport or driveway and said equipment has a current valid license as required by the State of Missouri for use upon the streets and highways of this State. In no event shall any of the camping and recreational equipment, as defined in Section 365.100, be parked or stored in the yard of a residence.
b.
Private parking or storage of trucks or commercial vehicles, licensed
by the State of Missouri for twenty-four thousand (24,000) pounds
gross vehicle weight or less, is permitted in any residential zoning
district, provided such parking or storage takes place in a garage,
carport or driveway, and any vehicle requiring licensing with the
State of Missouri when operated upon the roadways of this State shall
have a current valid license. In no event shall any of said vehicles
be parked or stored in the yard of a residence.
c.
Private parking or storage of trucks or commercial vehicles, licensed by the State of Missouri for over twenty-four thousand (24,000) pounds gross vehicle weight, is permitted in any residential zoning district, except the "R-1A" District, provided such parking or storage takes place in a garage, carport or on a paved driveway or pad separated by at least thirty (30) feet from the nearest neighboring dwelling, and any vehicle requiring licensing with the State of Missouri when operated upon the roadways of this State shall have a current valid license. Said vehicles shall be owned by the occupants of the dwelling unit where said vehicle is parked or by guests of said occupants. In no event shall any of said vehicles be parked or stored in the yard of a residence. This Subsection does not supersede any provisions of Title III, Traffic Code, Chapter 395, Article I, Section 395.030, Truck Routes Established.
[Ord. No. 4131 § 2, 8-14-2017]
16.
Outdoor display of goods, wares, or merchandise displayed by businesses
operating under a valid business license in business districts shall
be prohibited, except as follows:
[Ord. No. 4186, 4-9-2018]
a.
Display of new or used vehicles, lawn and garden equipment and supplies,
and construction or agricultural equipment and supplies for sale in
districts where allowed; shall be allowed if approved through the
site plan process and maintained in an orderly manner.
b.
Sidewalk sales of merchandise normally sold within doors at the business
location shall be allowed in Business Districts only. Such sales shall
be limited to twelve (12) hours per day. All items shall be brought
indoors at least twelve (12) hours per day.
c.
Temporary seasonal sales, i.e., Christmas tree lot, and locally grown
produce shall be allowed as outdoor display.
d.
Restaurants shall be allowed outside seating and service, if approved
through the site plan process.
e.
Outdoor display shall not restrict pedestrian nor vehicular access.
f.
Goods shall not be displayed in required parking areas.
[Ord. No. 3760 §5, 12-10-2012]
A.
Purpose And Intent. It is the intent of this Section
to recognize and permit home occupations as limited non-residential
business activities in the "R-1," "R-1A," "R-2" and "R-3" Districts
and to regulate such activities. In this regard, home occupations
shall be regulated in order to ensure compatibility with other uses
permitted in those districts and to protect residential neighborhoods
from potential adverse impacts (e.g., excessive noise, traffic, nuisances,
etc.) associated with home occupations.
[Ord. No. 4131 § 2, 8-14-2017]
B.
Permitted Uses. Examples of permitted home occupations include,
but are not necessarily limited to, the following: tutoring, artist,
mailings, telephone answering service, Internet-related occupations,
"Work at home" activities where employees of a business, located at
another site, perform work for the business in their own residences,
provided all physical contact between the employee and the business
occurs at the place of business, other than the initial installation
of any equipment or other work facilities in the employee's residence.
The work activities of the employee shall conform to all other requirements
of this Section. Uses specifically prohibited include, but are not
necessarily limited to, the following: auto and truck repair; auto
sales; vehicle painting; storage of construction materials or equipment;
retail and wholesale sales; eating or drinking establishments.
C.
Standards.
Home occupations shall be permitted as an accessory use to a residential
use in any "R-1," "R-1A," "R-2" or "R-3" Residential District subject
to the following requirements:
[Ord. No. 4131 § 2, 8-14-2017]
1.
A home occupation permit is required by the City. Only one (1) home
occupation shall be permitted per residence. The applicant(s) shall
complete and submit an application, as provided by the City, for a
home occupation permit with the City Clerk along with a filing fee
of fifty dollars ($50.00). Home occupation permits shall expire on
April thirtieth (30th) each year. Renewal of the home occupation permit
shall be accompanied by a thirty dollar ($30.00) filing fee. No proration
shall occur of either the initial permit fee or any annual renewal
fee. Home occupation permits shall not be transferable and shall not
run with the land; they shall terminate upon sale or transfer of the
property to a new owner.
2.
The City Administrator or his designee shall review the application.
a.
Decision of City Administrator or his designee. Approval
or denial of a home occupation permit shall be made by the City Administrator
or his designee within fourteen (14) days of the date of application.
b.
Reapproval. Home occupations shall be subject to
review and reapproval by the City Administrator or his designee. At
the time of reconsideration, the home occupation may be rescinded
or reapproved.
c.
Appeal. Upon a denial of approval or reapproval
of a permit by the City Administrator or his designee, the applicant
may appeal the decision to the Board of Aldermen. Upon receipt of
the application for appeal, the Board of Aldermen will place the home
occupation request or reapproval on a regularly scheduled Board of
Aldermen meeting agenda within thirty (30) days. The City Administrator
or his designee shall provide the Board of Aldermen with findings
of fact and shall also include copies of all written correspondence(s)
from residents within the City regarding the permit application. If
the occupation is favorably approved or approved with contingencies
by the Board of Aldermen, the appropriate permit shall be issued by
the City.
d.
Notice of appeal. Upon application for an appeal
of a decision of the City Administrator to the Board of Aldermen,
the applicant must provide proof of notice to all owners of property
within an area determined by lines drawn parallel to and two hundred
(200) feet distant from the location of the proposed home occupation.
Said notice shall provide the date, time and location of the hearing,
the address of the proposed home occupation and a brief description
of the type of home occupation for which the application has been
filed.
3.
A home occupation permit shall be issued only to the individual occupying
the dwelling as his/her residence and conducted only by persons residing
within the residence.
4.
A home occupation shall be conducted either within a dwelling (residence)
and/or in the garage associated with the dwelling and shall be clearly
incidental and subordinate to the principal use as a residential dwelling.
5.
Home occupations shall not occupy more than twenty percent (20%)
of the total floor area of the dwelling.
6.
An applicant for a home occupation permit shall send a certified
letter to all property owners within two hundred (200) feet of the
property for which a home occupation permit is being sought informing
them of the intent to conduct a home occupation.
7.
Home occupations shall comply with all local, County, State or Federal
regulations pertaining to the activity pursued.
8.
No alteration of the exterior of the dwelling in which the home occupation
is being conducted shall be made which changes the character thereof
as a dwelling.
9.
No advertising or business signs are permitted in conjunction with
the home occupation.
10.
No outdoor storage, display or sale of materials, commodities, stock
in trade or equipment used in the home occupation shall be permitted.
11.
No retail or wholesale sales of items are allowed on the premises.
12.
The home occupation shall not produce offensive noise, vibration,
illumination, smoke, electrical interference, dust, odors or heat.
Any such condition detectable beyond the property lines or beyond
the walls of the dwelling unit, if the unit is part of a duplex or
multi-family structure, shall constitute a violation of this Section.
13.
The home occupation shall not require additional off-street parking
spaces for clients or customers.
14.
Traffic generation associated with home occupations shall not exceed
that normally generated by a residential dwelling without a home occupation.
15.
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.
16.
Only normal domestic or household equipment shall be used to accommodate
the home occupation. This prohibits the use of gases, chemicals, commercial
or industrial mechanical and electrical equipment.
D.
Non-Compliance Of Home Occupation Permit. Any applicant
not complying with the restrictions and criteria herein specified
or operating a home occupation without a permit shall be subject to
the penalties as provided for in this Code. In addition non-compliance
shall be grounds for review by the City Administrator or his designee
as set forth in Section (C)(2)(b) above.
[Ord. No. 3911 §3, 11-10-2014; Ord. No. 3946 §1, 6-8-2015; Ord.
No. 4148 § 1, 10-9-2017; Ord. No. 4606, 5-8-2023]
A.
Authorization. Temporary uses are permitted
as set forth below in connection with a principal use which is permitted
within the applicable zoning district, upon issuance of all required
permits.
B.
Permitted Temporary Uses And Structures. A permitted temporary use or structure is any use or structure that complies with the definition of "temporary use" contained in Section 405.050, including, but not limited to, the following typical uses subject to the accompanying restrictions:
1.
Outdoor grand opening events, outdoor sales and other sales
or promotions requiring outdoor activity, display and/or sale of merchandise,
subject to the following conditions:
a.
The property is located within a non-residential zoning district
or is an institutional use, including only schools and places of worship,
within a residential district.
b.
The use is accessory to the primary use of the principal site
or buildings upon the site.
c.
The duration of any single event is limited to five (5) days.
d.
The frequency is limited to two (2) events a year.
e.
Adequate parking is provided for all uses of the site.
2.
Temporary off-street parking for special events, subject to
the following conditions:
a.
The property is located within a non-residential zoning district
or is an institutional use, including only schools and places of worship,
within a residential district.
b.
The duration of any single event is limited to forty-five (45)
days.
c.
The frequency is limited to one (1) event per year.
d.
Adequate parking is provided for all uses of the site.
4.
Estate sales, lawn sales, auctions or any other such sale that
involves the sale of multiple goods, wares or items of tangible personal
property conducted on any real property being used for residential
purposes. Issuance of a permit under this Section is not necessary
for garage sales on residential property unless a temporary structure
is involved.
5.
Picnics, bazaars, fairs, carnivals or similar gatherings of more than fifty (50) people. Issuance of a permit under Section 600.035 shall be sufficient and no additional permit under this Section shall be required unless a temporary structure is involved. However, if alcoholic beverages will not be sold and no permit under Section 600.035 is required, then a permit under this Section shall be required if a temporary structure is involved.
6.
Temporary structures, including tents, that are used in conjunction
with any of the above uses.
7.
Temporary structures or trailers that are used in conjunction
with construction work.
8.
Temporary structures or trailers that are used as sales offices
subject to the following conditions:
a.
The temporary sales office may be permitted in any district
until construction of a permanent building/dwelling is completed,
as determined by issuance of an occupancy permit.
b.
The temporary sales office shall comply with all setback requirements
of the zoning district in which located.
c.
The temporary sales office may be permitted for a period of
two (2) years with a maximum two-year renewal.
9.
Temporary structures or trailers that are used in conjunction
with storage of materials, with the exception of those used during
construction, subject to the following conditions:
10.
Temporary classrooms. A permit may be issued
for a structure(s) to be used for a temporary classroom(s) not to
exceed two (2) school calendar years to allow schools to accommodate
students and new programs until the schools are able to raise capital
funds for permanent structures or the classes can be accommodated
into existing buildings. If the temporary classroom is needed for
longer than the initial two (2) school calendar years, the permit
holder must reapply for an additional two-year permit for each two-year
period thereafter.
C.
Standards. The City Administrator or his/her
designee shall not approve a temporary use and issue the required
permit unless the permit fee set forth in Appendix A to this Title
IV has been paid and he/she finds that the application and evidence
presented clearly indicate that the proposed temporary use:
1.
Complies with all other applicable provisions of this Chapter and the conditions of any applicable conditional use permit, the standards of this Chapter in regard to yard and setback, parking and loading areas, screening and buffering, refuse, storage and service areas and signs and the fire codes for the City of Union as adopted by Section 500.080.
2.
Shall be located at least ten (10) feet from the principal building
if it is detached from the principal building.
3.
Shall not be located on any corner so as to block vision for
drivers on adjoining streets.
4.
Shall not cause substantial injury to the public welfare or
safety of the principal use or structure or neighboring properties.
5.
Shall be compatible with the surrounding area and thus will
not impose an excessive burden or have a substantial negative impact
on surrounding or adjacent users or services.
6.
A site must be restored to its former condition within thirty
(30) days of the activity's termination. If this condition has not
been met in the past, then a new permit shall not be issued absent
adequate assurance of compliance with this requirement.
7.
Prior to the issuance of a temporary permit, all requirements
contained within this Chapter shall be met, including, but not limited
to, requirements for grading, improvements and/or site plan review
that are proposed in conjunction with the request.
D.
Expiration. A temporary use permit shall be
valid for a period not to exceed forty-five (45) days from the date
of issuance or as specified in the conditions stated above.
E.
Site Plan Approval. Should the City Administrator
or his/her designee determine such an application does not meet the
spirit, intent and conditions outlined above and cannot be administratively
approved, the application, as requested by the applicant, may be reviewed
and acted on by the Board of Aldermen.
[Ord. No. 4606, 5-8-2023]
A.
Any
license issued by the City can be revoked and its holder be subject
to the general penalties of violation of any City Ordinances, if any
of the regulations are not followed.
B.
Temporary mobile concessions vendors shall be limited to the following Zoning Districts set forth in Chapter 405, Zoning Code of the Code of Ordinances of the City of Union:
C.
Any
food truck shall not obstruct streets or sidewalks and shall maintain
4-foot minimum clearance distance from sidewalks for pedestrians and
accessibility. All sales shall be on curbside window. Vendor shall
operate in such a manner to provide safe travel to both pedestrians
and motor vehicles.
D.
Food
truck/trailer parked on private property shall have written permission
from property owner.
E.
Food
truck/trailer shall not obstruct any streets, alleys, accessible parking
spaces, nor accessible routes, or loading zones, nor private or public
driveways.
F.
Food
truck/trailer shall operate in a manner that does not obstruct the
operation of vehicle or pedestrian traffic.
G.
Food
truck/trailer shall only park and operate on paved surfaces.
H.
No
food truck/trailer shall operate within one thousand (1,000) feet
of a City-sponsored special event.
I.
No
food truck/trailer shall operate within five hundred (500) feet of
an existing restaurant.
Exception: This prohibition shall not apply to "special events"
approved by the Board of Aldermen.
J.
Applicant
shall acquire all necessary Health Department/Fire Department/Building
Department permits and inspections. Franklin County Health Department
requires an inspection.
K.
All
food trucks/trailers must be properly State registered and licensed
to operate on any street or highway of this City.
L.
All
food truck/trailer/pushcart operators shall apply for and obtain a
sales tax identification number from the State of Missouri and shall
remit all sales tax collected to the appropriate authorities.
M.
Food
trucks/trailers/pushcarts participating in City-sponsored or City-approved
special events shall be required to obtain a business license. The
City-sponsored events typically have a fee established by the department
planning the event and the participant must follow all regulations.
N.
All
food trucks/trailers/pushcarts operating on City of Union property
shall indemnify and save harmless the City of Union for all suits
or actions brought against the City for or on account of any injuries
or damages received or sustained by any party or parties for or from
the said vendor and must also provide a City-approved copy of certificate
of general liability insurance.
O.
All
food trucks/trailers/pushcarts must dispose of all trash and cooking
oil in a proper manner and shall provide waste receptacles for customers
of the food truck.
[Ord. No. 4473, 9-13-2021; Ord.
No. 4483, 10-11-2021]
A.
Purpose
And Intent. It is the intent of this Section to establish the availability
to those with family members with certain medical conditions, to be
able to construct temporary accessory dwellings for family members
to reside in during their medical conditions.
B.
Medical
Hardship. The City shall permit an accessory dwelling on lots within
residential zones only upon a showing of a medical hardship for an
immediate family member of an applicant:
1.
An applicant for a medical hardship which shall be in the form of
a notarized affidavit from the treating physician for the family member.
2.
The affidavit shall briefly describe the medical issues of the family
member of the applicant, and shall include a recommendation that immediate
and constant care of the family member is necessary.
3.
A new notarized affidavit from the treating physician of the family
member shall be required to be filed with the City Clerk every twenty-four
(24) months.
4.
When the medical hardship ceases to exist, or a new notarized affidavit
is not received by the City Clerk after twenty-four (24) months, the
applicant shall remove the accessory dwelling within sixty (60) days.
C.
Only
one (1) accessory dwelling shall be allowed on a lot.
D.
One
(1) additional off-street parking space for the lot is required and
shall be provided, which shall be located in a side or rear yard.
E.
Accessory
dwelling shall not exceed five hundred (500) square feet or fifty
percent (50%) of the sized of the principal dwelling, whichever is
less.
F.
Accessory
dwellings, whether attached or detached, shall have exterior finishes
or architectural treatments (e.g., brick, wood, stucco, etc.) similar
to those on the principal dwelling.
G.
If
detached from the principal dwelling unit, the accessory dwelling
must be constructed within the side or rear yard of the residential
lot separated by a distance of at least fifteen (15) feet from the
principal building. Accessory dwelling shall not be located closer
to the right-of-way than the principal dwelling's building line.
H.
Accessory
dwellings shall not be rented or sold separately from the sale of
the entire lot, including the principal dwelling unit.
I.
Accessory
dwellings shall be permanent in nature and built to meet all City
Codes then in effect.
J.
No
manufactured home or mobile home as defined in Section 404.050 of
this Code will be allowed as an accessory dwelling.
