City of Fredericktown, MO Article III Supplementary Regulations

Section 405.160 Height And Area Exceptions And Modifications.

[R.O. 2013 § 405.150; Ord. No. 11-34 § 1, 7-25-2011]

A. The regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.

B. General Area Exceptions And Modifications.

1. Minimum lot area and lot width requirements shall not apply to lots of record as of the effective date of this Chapter (see Definitions, "lot of record").

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

3. Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

4. In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple-dwelling, educational, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided however, that the open spaces between the buildings that are parallel or within forty-five degrees (45°) of being parallel shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.

5. When an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- and four-story buildings.

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

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

8. A line fence, up to six (6) feet in height, may be built on the property line of adjoining property owners with written permission of such adjoining property owners, provided that all support structures for said fence face the builder's property, and the fence shall be attractive, sturdy, safe, uniform and of even dimension. If adjoining owners do not give written permission for building of the line fence, the person proposing to build the same may do so provided the builder of the fence provides a legally admissible land survey locating the back lot boundary line and the side lot boundary lines, and provided further, that such fence is so constructed that the support structures face the builder's property and the fence is attractive, sturdy, safe, uniform and of even dimension. Fencing of required front yard must not exceed four (4) feet and be open at least thirty percent (30%) of the total surface as measured in lineal feet (one (1) side). A privacy fence, with required setback, can be totally enclosed as long as all support structures for said fence are concealed from the neighbor, and the privacy fence does not encroach in the required front yard. Privacy fences may be up to six (6) feet solid.

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

C. Front Yard Exceptions And Modifications.

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

2. An open, unenclosed porch, balcony, or paved terrace may project into a front yard for a distance not to exceed ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.

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

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

b. Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed, or may hereafter be developed, with two (2) or more buildings that have a front yard of greater or lesser depth than described above, then:

(1) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or

(2) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.

D. Side Yard Exceptions And Modifications.

1. The required side yard of the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.

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

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

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

5. Whenever a lot of record on January 23, 1984, has a width of less than fifty (50) feet, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than three (3) feet.

E. Rear Yard Exceptions And Modifications.

1. Open-lattice enclosed fire escapes, fire-proof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half (3 1/2) feet and where the same are placed so as not to obstruct light and ventilation.

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

F. Accessory Structures And Uses.

[Ord. No. 21-36, 12-13-2021]

1. General Provisions. All accessory structures and uses shall be incidental and subordinate to the principal use permitted in the district and shall be located in the side or rear yard on the same lot as the principal structure or use.

a. No accessory structure or use shall be allowed unless it satisfies the requirements of the zoning district in which it is to be located.

b. Accessory structures and uses shall not be constructed or established upon a lot until the principal structure or use has been constructed or established, and shall not be used unless the principal structure or use is being used or operated.

c. No accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.

d. An open-sided automobile shelter consisting of a roof with no walls shall be permitted to extend beyond the front building line of the principal structure but no closer than ten (10) feet from the front lot line.

2. Standards. Accessory structures shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than five (5) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards and the setback requirements of the zoning district in which it is located must be met.

a. Residential swimming pools and landscape features with water greater than two (2) feet in depth shall be allowed in the rear or side yard, subject to the following requirements:

(1) It must be located at least five (5) feet from the property line;

(2) It must be located at least twenty (20) feet from the nearest principal structure on any adjoining lot; and

(3) It must be enclosed in accordance with Section 500.100 of the City Code.

G. Height Exceptions And Modifications.

1. Public, semi-public, or public-service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.

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

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

Section 405.170 (Reserved) [1]

[1] Editor's Note: Former Section 405.170, Sign Regulations, was repealed 6-12-2023 by Ord. No. 23-18. Prior history includes Ord. No. 14-11 and Ord. No. 17-44. See now Art. XII, Sign Regulations.

Section 405.180 Off-Street Parking And Loading Requirements.

[R.O. 2013 § 405.170; Ord. No. 11-34 § 1, 7-25-2011]

A. In addition to the off-street parking and loading requirements set forth in the district regulations appearing elsewhere in this Chapter, the specific requirements set forth in this Section shall apply to all uses cited regardless of the district in which they are located.

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

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

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

2. A required off-street parking space shall contain an area of not less than one hundred eighty (180) square feet nor less than nine (9) feet wide by twenty (20) feet long measured perpendicularly to the sides of the parking space, exclusive of access drives or circulation aisles. Aisles between vehicular parking spaces shall not be less than twelve (12) feet in width when serving automobiles parked at a forty-five degree (45°) angle in one (1) direction nor less than twenty-five (25) feet in width when serving automobiles parked perpendicularly. An off-street loading space (exclusive of adequate access drives and maneuvering space) shall have minimum dimensions of twelve (12) feet by thirty-five (35) feet and an overhead clearance of not less than fourteen (14) feet in height above grade.

3. Access. Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to least interfere with the movement of traffic and, where only one (1) entry or exit is provided, to permit adequate maneuvering area for vehicles to turn around so no backing of vehicles into the street is required. No driveway or curb cut in any residential or commercial district shall exceed twenty-four (24) feet in width.

4. Required Setbacks. Except as otherwise provided, neither parking space nor portion thereof established on the same lot with a building shall be located within a required front yard. On corner lots, no parking space shall be permitted in the required side yard adjacent to the street. No parking spaces nor portion thereof established on a lot without a building shall be located closer to any street line than the established building line on adjacent properties nor closer than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence, or hedge developed around any parking area shall be subject to the front yard setback requirements of this Chapter in the same manner as a building or structure.

5. Surfacing. All open off-street parking or loading areas, except those accessory to single-family or two-family dwellings, shall be improved with a compacted rock base, nor less than four (4) inches thick, surfaced with not less than one and one-half (1 1/2) inches of asphaltic concrete or a comparable all-weather dustless material. All paved parking spaces shall be properly marked by durable paint in stripes a minimum of four (4) inches wide and extending the length of the parking space.

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

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

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

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

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

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

4. Accessory off-street parking and loading spaces in existence on January 23, 1984, may not be reduced in number unless already exceeding the requirements of this Section for equivalent new construction; in which event, said spaces shall not be reduced below the number required herein for such equivalent new construction.

5. Whenever a building or use constructed or established after January 23, 1984, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to January 23, 1984, is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

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

E. Schedule Of Parking Spaces Required.

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

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

3. Rooming Or Boarding House. One (1) parking space for each dwelling unit for permanent residence plus one (1) parking space for each two (2) sleeping rooms.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. Hotel. One (1) parking space for each two (2) employees and one (1) parking space for each rental unit, plus one (1) parking space for each two hundred (200) square feet of floor area for any commercial uses contained therein.

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

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

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

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

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

26. Nursing, Rest, Or Convalescent Home. One (1) parking space for every two (2) beds occupied at maximum capacity, plus one (1) parking space for every two (2) regular employees on the premises.

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

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

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

30. Restaurant, Bar, Nightclub, Cafe, Or Other Similar Eating, Drinking Or Amusement Establishment. One (1) parking space for each two (2) employees and one (1) parking space for each one hundred (100) square feet of floor area.

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

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

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

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

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

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

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

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

39. Medical Marijuana Dispensary Facility. One (1) parking space per 300 square feet of floor area.

[Ord. No. 20-01, 1-13-2020]

40. Medical Marijuana Cultivation, Products Manufacturing, or Testing Facility. Parking or storage spaces for all vehicles used directly in the conduct of the operation, plus one (1) space for every two (2) employees on the premises based on the maximum employment of the largest shift.

[Ord. No. 20-01, 1-13-2020]

F. Exceptions.

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

2. Where an increase in the number of parking spaces is required by a change or enlargement in an existing use, or where the required spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained on a separate lot or parcel of land not over three hundred (300) feet from the existing use or any of the establishments jointly or collectively using the parking facilities, provided that the parking facilities are located in the same zoning district or a less restricted zoning district as the uses served and the provisions of Section 405.180(F)(4) below are met.

3. Up to fifty percent (50%) of the parking spaces required for (a) theaters, public auditoriums, bowling alleys, dance halls, nightclubs or cafes, and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by (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) hereof, provided, however, that written agreement thereto is properly executed and filed as specified below.

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

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

6. Non-residential parking in residential districts. Accessory off-street parking facilities serving non-residential uses of property may be permitted in any "R" district, when located not more than three hundred (300) feet from the boundary of any "C" or "I" district and when authorized by the Board of Aldermen after review and study by the Planning and Zoning Commission. The provision of non-residential parking in residential districts shall be subject to the Special Use Regulations, Section 405.200 of this Chapter and to the following requirements:

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

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

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

d. No sign of any kind other than signs designating entrances, exits, and conditions of use shall be maintained on the parking lot, and all signs shall not exceed twenty (20) square feet in area.

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

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

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

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

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

7. Truck Parking Permit.

a. In addition to all other exceptions herein contained, no person, firm or corporation shall park any truck or other motor vehicle having a license for a gross weight in excess of thirty-six thousand (36,000) pounds on any street or in any off-street parking location in any "R-1," "R-2" and "R-3" district in the City of Fredericktown, Missouri, without a written permit to do so. To obtain such truck parking permit in the "R-1," "R-2" and "R-3" zone, the owner or operator of such truck shall first make application for such permit to the Board of Aldermen on forms provided by the City Clerk. Upon receipt of such application, the Board of Aldermen shall refer the application to the Planning and Zoning Commission. Upon referral to the Planning and Zoning Commission, and after study and review by the Planning and Zoning Commission, such truck parking permit for "R-1," "R-2" and "R-3" districts shall be issued if the proposed parking of such trucks at the site described in the application will not:

(1) Substantially increase traffic hazards or congestion;

(2) Adversely affect the character of the neighborhood;

(3) Substantially increase fire hazards;

(4) Adversely affect the general welfare of the community;

(5) Overtax public utilities;

(6) Be in conflict with the City's Comprehensive Plan.

(a) This permit shall be issued for one (1) year duration. Upon expiration of the permit, the applicant shall make a new application for the parking in "R-1," "R-2" and "R-3" districts as hereinabove set forth. A fee of thirty-five dollars ($35.00) shall be paid prior to the issuance of any permit. In the event the Planning and Zoning Commission rejects the application for such parking permit or refuses to approve the same, the applicant may appeal that decision to the Board of Adjustment in the same manner and within the time set forth and spelled out in Section 405.260(D), (E) and (F). If, upon hearing before the Board of Adjustment, the applicant for the parking permit is aggrieved, he/she may pursue the remedies set forth in Section 405.260(G) of this Chapter.

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

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

a. In "C-1" and "C-2" commercial districts, one (1) off-street loading space for each ten thousand (10,000) square feet, or fraction thereof, or gross floor area.

b. In "C-3" commercial district, one (1) off-street loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of gross floor area.

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

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

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