City of Edgerton, MO Article VII Additional Bulk Regulations

Section 405.190 Required Yard Regulations (Additional).

[CC 1986 § 42.600]

A. Required Front Yards And Maximum Height. All required front yard depths in Bulk Table,[1] Column 4, and all maximum building heights based on front lot lines in Bulk Table, Column 8, shall be measured from a line hereby established as the designated street line, which shall be parallel to the street center line equal to one-half (1/2) the minimum right-of-way width.

[1] Editor's Note: Said table is included as an attachment to this Chapter.

B. Corner Lots. On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along both lot frontages shall be a required front yard. The owner shall elect, and so designate on the lot plan, which of the remaining two (2) required yards shall be the required side yard and the required rear yard.

C. In AG, R1 and R2 Districts, all required front yard depths may be reduced, with the approval of the Board of Zoning Adjustment, to the established setback as defined in this Chapter, but in no event less than fifteen (15) feet.

Section 405.200 Boundary Regulations.

[CC 1986 § 42.610]

A. If any lot is divided by a district boundary, the part of such lot within each district shall be regulated by all the bulk regulations of that district. The number of dwelling units for each part of the lot shall not exceed the number permitted by the district in which the respective part is located and averaging of dwelling units shall not be permitted. If a lot is divided by zone district boundary and such lot is capable of providing only a single residential dwelling, then such dwelling shall conform to the requirements of that district which encompasses the majority of the land area of the lot.

B. Lots within twenty-five (25) feet of a district boundary shall conform to the required yard and building height requirements for single-family detached residences in that district which is more restrictive or imposes higher standards.

Section 405.210 Maximum Height Restrictions.

[CC 1986 § 42.620]

A. The maximum height for any building or structure in any district shall be thirty-five (35) feet except as permitted in the Bulk Table[1] and as follows:

1. The maximum height shall be sixty (60) feet for public, semipublic or public service buildings, hospitals, institutions, or schools, when such uses are permitted in a district.

2. The height limitations of the regulations shall not apply to a flagpole, radio or television aerial, transmission tower or cable, spire or ornamental tower, chimney, belfry, or smokestack, elevator or stair bulkhead, water tower, cooling tower, or fire tower, or conveyors in the general business district. A variance shall be required in all other districts.

[1] Editor's Note: Said table is included as an attachment to this Chapter.

Section 405.220 Additional Side And Rear Yard Regulations.

[CC 1986 § 42.630]

Side Yards. No side yards are required for residential uses located above non-residential uses, except where such side yard is required for a non-residential use abutting a residential use.

Section 405.230 Floor Area Regulations.

[CC 1986 § 42.640]

A. Minimum Floor Area. No one-family or two-family detached residence which is one (1) story in height shall be constructed with floor area of less than eight hundred fifty (850) square feet per dwelling unit and one-family or two-family detached residence which is two (2) stories or more in height shall be constructed with floor area at the ground floor of less than seven hundred fifty (750) square feet. In computing floor area for this purpose, any area occupied by a garage, porch or any portion of the building not fully enclosed shall not be included. For multifamily residences, the minimum floor area shall be nine hundred (900) square feet per one (1) wing unit.

B. Floor Area And Open Space For Multifamily Unit.

1. Open Space. Every part of a required yard or usable open space shall be open to the sky, except those ordinary projections of sills, belt courses, roof overhangs, window air-conditioning units, chimneys, cornices, cantilevers, and ornamental features, which may project to a distance not to exceed twenty-four (24) inches into required yard or usable open space.

2. Yard Setbacks For Buildings. Required side and rear yards shall be increased over that required for six-story buildings by six (6) feet for each additional story over six (6) stories or each ten (10) feet or height over sixty (60) feet, whichever requires the greater side or rear yard.

3. Awnings. Moveable awnings may be placed over doors or windows in any required yard, but such awnings shall not project closer than two (2) feet to any lot line or be vertically supported.

4. Building Groups For Multifamily Residential Units. A lot may be occupied by a group of two (2) or more buildings, when such buildings are arranged around a court; provided, that said court between buildings that are parallel or within forty-five degrees (45°) of being parallel, shall be a minimum width of fifty (50) feet and in no case may such buildings be closer to each other than fifteen (15) feet.

Section 405.240 Accessory Buildings And Structures.

[CC 1986 § 42.650]

A. No accessory building or structure shall be located in any required front, side, or rear yard, court or usable open space, with the following exceptions:

1. Unroofed steps, driveway or an unroofed terrace, which are not more than one (1) foot above ground level, shall be permitted in any required yard, court or usable open space without limitation.

2. An awning or moving canopy may project not more than ten (10) feet; cornices or eaves may project not more than eighteen (18) inches, a windowsill or belt course may project not more than six (6) inches, into a required yard, required court or usable open space.

3. An open fire escape or unroofed porch may project not more than six (6) feet into a required yard or required court, but shall not project into any usable open space.

4. An arbor, open trellis or flagpole.

5. Corner Lots. No hedge, fence [except a transparent fence such as chicken wire, in which the solid area is not more than five percent (5%) of the total area of the fence], or a wall over three (3) feet high and no accessory off-street parking space shall be located within the triangular area prescribed by lines connecting the corner of the lot and a point on each of the intersecting lot lines forming said corner, located twenty-five (25) feet from the corner. Shade trees may be permitted provided that foliage and branches do not obstruct vision on any street.

6. Fences And Walls. Except as provided in Section 405.240(A)(5), a fence or freestanding wall not more than three and one-half (3 1/2) feet in height may project into or enclose any required front or side yard and seven (7) feet in height for other required yards.

7. Accessory Buildings In Required Front Yards. The Board of Zoning Adjustment may authorize any one (1) of the following accessory to a commercial or industrial use in BD, or to an institutional use in any district:

a. One (1) dwelling unit for a caretaker;

b. Gatehouse;

c. Reception office; or

d. Watchman's post to encroach in a required front yard, provided such accessory building is set back at least twenty-five (25) feet from the front lot line and ten (10) feet from any other lot line; does not cover more than one percent (1%) of the area of the plot; and has a height of not more than twenty-five (25) feet.

8. Gasoline Filling Station Pumps. Pumps and pump islands may occupy the required yards; provided, however, that such pumps are located a minimum of fifteen (15) feet from the street line.

9. Uncovered swimming pools and home barbecue grills may occupy a required rear yard for residential use; provided that such use is set back a minimum of five (5) feet from the rear lot line and three (3) feet from a side lot line.

10. Accessory buildings connected by an open breezeway may be constructed in a rear yard, provided such accessory building does not occupy more than thirty percent (30%) of the area of the required rear yard and provided it is located a minimum of five (5) feet from the rear lot line and three (3) feet from a side lot line.

Section 405.250 Bulk Standards For Development Of Unsuitable Land.

[CC 1986 § 42.660]

Land which the Planning and Zoning Commission or Enforcement Officer finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, utility easements or other features which will reasonably be harmful to the safety, health and general welfare, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission or Enforcement Officer, upon recommendation of the City Engineer, to solve the problems created by the unsuitable land conditions. Where, in the discretion of the Planning and Zoning Commission or Enforcement Officer, the only adequate method requires a lesser density of use of the land, then credit for only one-half (1/2) of the area of the land actually found to be unsuitable for purposes of fulfilling the minimum plot area required by the Table of General Bulk Regulations, Section 405.100 of this Chapter, for the principal use proposed, shall be allowed.