A.
All accessory structures shall be permitted with the following provisions
and requirements:
1.
Any attached building or structure shall be considered as a part
of the principal or main building and conform to all regulations applicable
to said principal building.
2.
In residential zoning districts, accessory buildings or structures
shall include, but not be limited to, the following: greenhouses,
swimming pools, garages (attached-unattached) and similar uses.
3.
The minimum distance of an accessory building or structure from any
side or rear property line shall be six feet. No accessory building
or structure is permitted within the front building setback area.
4.
No principal building or structure or accessory building or structure
shall be located within or partially within a designated utility easement.
5.
An accessory building or structure in a residential district shall
not exceed 1/2 of the ground floor area of the principal building.
6.
All accessory buildings shall be ancillary to the main building and
use on the subject property; and, no accessory building may be used
for a separate business or use.
A.
Adult-oriented businesses, including businesses limited to 25% of
the general sales area, shall be limited to the following.
A.
In all residential zoning districts, domestic animals may be kept
by the occupant of a dwelling unit. These animals may not be used
or kept for commercial or resale purposes, or so as to cause a public
nuisance.
B.
Farm animals may only be kept in conjunction with an agricultural
operation or riding stable and only in an A-1 zoning district. No
stable or shed providing shelter for said animals shall be closer
than 50 feet to any property line. In no case shall a horse or pony
be kept on a lot of less than one acre.
C.
No person shall keep any wild or vicious animal display or exhibition
purposes, whether gratuitously or for a fee. This shall not be construed
to apply to zoological parks, performing exhibitions or circuses.
No person shall keep or permit to be kept any wild animal as a pet.
A.
All new territories which may hereafter be annexed to the City shall
be reclassified to a zoning classification according to the following
procedure(s).
B.
Within 60 days following the date of annexation, the Planning and
Zoning Commission shall recommend a zoning classification for all
new territories to the Board of Aldermen. The Board, within 120 days
following the date of annexation shall establish zoning for all newly
annexed territories. All property owners within the territories in
question will be contacted by the City and be given a reasonable opportunity
to request a specific zoning classification. In any case, the Board
of Aldermen shall be the final party regarding the determination of
all zoning classifications and may consider, but not be limited to,
the following criteria:
C.
Prior to the date on which the Board of Aldermen votes to annex territory
requested to be voluntarily annexed by its' owner, the Planning and
Zoning Commission may consider a zoning reclassification of the specified
territory and may hold a Public Hearing thereon in order to make a
zoning reclassification recommendation to the Board of Aldermen. Such
Public Hearing shall be held according to the laws and Ordinances
governing rezoning of property. If the Board of Aldermen receives
the Planning and Zoning Commission's recommendation at least 30 days
prior to when the Board is scheduled to vote on the annexation, the
Board of Aldermen may cause at least 15 days' notice of a Public Hearing
on the zoning reclassification, to be held immediately after the Board
of Aldermen votes to approve the annexation. After such Public Hearing,
the Board may, by Ordinance, enact the zoning classification or classifications
for such territory.
D.
No building or structure may be erected on the newly annexed territory
until it has been zoned, nor shall any different or new use be permitted,
except that any use established prior to annexation shall be permitted.
If the established use falls under the definition of a "grandfathered
use" that use may be continued by the owner of the territory at the
time of annexation but such use may not be expanded, changed or assigned.
E.
No contractual zoning shall be permitted. Contractual zoning is defined
as when an individual landowner agrees to voluntarily annex or consent
to annexation in return for a specified zoning classification.
A.
No temporary structure (including trailers, mobile or manufactured)
shall be occupied for any residential, commercial or industrial use
except as specifically permitted or required by this chapter. However,
the City Board of Aldermen may allow a temporary office or shelter
incidental to new development. Occupancy of structures for emergency
conditions such as fire, explosion or disaster shall be allowed until
conditions are abated.
B.
"Temporary" for the purpose of this section shall refer to a period
not to exceed one year. The City Board of Aldermen may extend the
period where a need can be demonstrated.
Shipping containers are not an acceptable type of material or
structure for use as residential homes or accessory buildings. Hence,
"shipping containers" of any type, with the intent that they be occupied
as a residence or used as an accessory building, are not allowed in
the City.
"Tiny" homes, defined as a residence having a total square feet
of 500 or less, are not allowed in the City.
All residential structures must have a concrete or asphalt driveway.
No gravel or rock driveways pads are allowed in any residential district.
Parking of accessory vehicles and recreational vehicles, including
but not limited to boats, campers, trailers, and work-related vehicles
shall be on concrete or asphalt surfaces only. This prohibition does
not apply to driveways or parking pads located in "Special Old Town
District"; alternate driveway and parking pad materials may be permitted
upon review and approval by the Planning and Zoning Commission as
are other improvements within said district.
The height limitations of this chapter shall not apply to church
spires, domes or skylights, ventilators, water tanks, parapet walls,
or necessary mechanical appurtenances usually carried above the roof
level.
Except as otherwise specifically provided for in this chapter,
only one principal or main building shall be permitted on a lot. No
portion of an area, frontage, or yard required for any lot, building,
or use for the purpose of complying with provisions of this chapter
shall be included as an area, frontage or yard for another lot, building
or use.
A.
Any building site shall have a sloping grade and shall be maintained
to cause the flow of surface water to flow away from the walls of
the building. The rear and side yards shall be sloped to allow for
the flow of surface water away from the building without creating
a nuisance.
B.
When a new building is constructed on a vacant lot between two existing
buildings or adjacent to an existing building, the new building and
the yard around the new building shall be graded in such a manner
as not to alter the natural flow of water across adjacent properties.
Any organization or person planning to offer day care for five
or more children, except those coming under the exception of the law,
shall apply for a license and meet the licensing rules before accepting
more than four unrelated children for care.
A.
Communication towers, except towers owned or operated by the City
of Moscow Mills, shall not exceed 100 feet unless approved by a Special
Use Permit.
B.
No two towers, except towers owned or operated by the City of Moscow
Mills, shall be located within a 1,000-foot radius. The distance shall
be calculated from the center of the base of the tower.
C.
The design of the tower compound shall maximize use of building materials,
colors, textures, screening, and landscaping that effectively blend
the tower facilities within the surrounding natural setting and the
built-environment.
D.
Landscaping and/or sight-proof fencing shall be required around the
base of the communication tower and around ancillary structures as
approved by the Planning and Zoning Commission on a sketch plan. Landscaping
shall be required to effectively screen ancillary structures from
adjacent development and roadways as deemed necessary by the Planning
and Zoning Commission.
E.
Antennas on the structures, including signage, shall be as approved
by the Planning and Zoning Commission. Height requirements and aesthetic
treatments may be imposed by the Planning and Zoning Commission.
Within the sight-distance area of a corner lot, no sign, telephone
booth, planting, or other obstruction to vision shall be erected,
planted or maintained so as to substantially obstruct the view of
traffic at an intersection. Corner lots along residential streets
and minor collector streets which shall have a sight-distance area
that extends 30 feet from the point of intersection of the two streets
adjacent to the corner lot.
Every modular home installed or located within the City of after
the effective date of this Ordinance shall comply with the following
standards and requirements:
A.
The modular home unit must be partially or entirely manufactured
in a factory;
B.
Every single-family detached modular dwelling hereafter erected shall
contain a floor area, exclusive of garage space and area over open
porches, of a minimum of 1,100 square feet of livable floor space
completely above grade.
C.
The modular home must be set on an excavated, backfilled, engineered
foundation or basement enclosed at the perimeter so that the top of
the perimeter wall sits no more than 12 inches above the finished
grade. The foundation shall be similar in appearance and durability
to the foundation of a site-built dwelling.
D.
The finished home must have brick, wood or cosmetically equivalent
exterior siding on all exterior walls which provides a consistent,
continuous facade from the bottom of the soffit (top of the wall section)
downward to the top of the exposed perimeter foundation. The exterior
siding of the finished home must have the same appearance as materials
commonly used on residential dwellings.
E.
The finished home must have a pitched roof with a pitch of at least
a four in 12. The roof must be covered with shingles, shakes, or tile.
Eaves of the roof must extend at least 10 inches from the intersection
of the roof and the exterior walls;
F.
The finished home must have color-coordinated body and trim. Colors
of both the factory components and the site-built components shall
be the same;
G.
The finished home must have windows that are wood, vinyl coated or
anodized aluminum;
H.
The main entrance to the finished home must face, or be oriented
toward, an adjacent street;
I.
Any transportation mechanisms must be removed;
J.
No finished home shall be occupied for dwelling purposes unless it
is properly placed and connected to water, wastewater, electric and
gas utilities, as appropriate.
K.
Mobile and manufactured homes (see "Definitions") are not modular
homes. Mobile and manufactured homes are only allowed in permitted
mobile home parks or as provided for elsewhere in this chapter.
Any exposed foundation wall on any new structure as defined
in this chapter shall be treated with an appropriate substance to
complement the appearance of the structure on the front exposure or
elevation only.
A.
Trash containers shall be enclosed and screened per the requirements
of each zoning District. Where a trash enclosure is required, the
following conditions shall apply:
1.
All exterior waste containers shall be located on a paved surface.
If a floor drain is installed outside the waste container to serve
the waste container, the pad shall not exceed three feet on any side
of the actual dumpster. The pad shall be sloped towards the floor
drain which shall be directed to the sanitary sewer system through
the grease interceptor structure. Drainage beyond the waste container
area shall be directed towards the storm sewer system.
2.
Reinforced concrete approaches shall be provided in front of the
access doors to the screened area; the approaches shall be a minimum
of 20 feet in length and at least as wide as the screened area.
3.
Unless otherwise specified in the specific zoning District requirements,
all screening of waste containers shall be a masonry or vinyl fence
material.
A.
The following general fence provisions shall apply to all zoning
Districts:
1.
A permit shall be required for the erection, installation or alteration
of any fence within the City of Moscow Mills.
2.
No fence, wall, shrub, or hedge shall be constructed or altered to
exceed six feet in height except as indicated in the specific district
regulations as follows.
3.
It shall be unlawful for any person to paste, stick, or by other
means attach or place upon any fence any indecent, obscene, immoral
or vulgar words or images, or any advertisement, poster, or circular.
4.
No person shall erect, or cause to be erected, maintain, or cause
to be maintained, any fence or enclosure of which any part is charged
with or designed to be charged with the electrical current except
as specified in the A-1 Agricultural District.
5.
In the case of fences constructed over dedicated utility easements,
the City shall not be responsible for the replacement of said fence
due to its removal. It is required that the property owner contact
the City Engineer or developer for location of above-mentioned easements.
6.
In no case shall a fence be erected so as to enclose or block a stormwater
catch basin, culvert, or other stormwater structure in any development.
It shall be the responsibility of the Building Inspector to inspect
such violations and make a written report to the City.
7.
All fences erected prior to enactment of this chapter shall be considered
nonconforming and as such shall be allowed to remain in place. However,
at such time when the parcel or lot in question is sold, transferred
or leased to another party, the fence will be either brought into
conformity or removed.
8.
All fencing must be maintained in good condition at all times. "Good
condition" is hereby defined to include, but shall not be limited
to, replacement of damaged boards, staining or painting of surfaces
and removal of rust.
9.
Fence completion shall occur within six months from the start of
construction.
10.
When a fence is facing a public street, the improved side of the
fence shall be oriented to the street.
B.
Fence Regulations For A-1 Agricultural District. Electrified and
barbed wire fences shall be permitted in the A-1 Agricultural District
when used in connection with an approved agricultural operation.
C.
Fence Regulations For R (Residential) Districts.
1.
The use of barbed wire, hardware wire, aluminum or galvanized steel
chain-link fence is prohibited in any residential district. Vinyl-clad
chain-link fencing is permitted. This prohibition does not apply to
fences located in "Special Old Town District"; said fences are permitted
upon review and approval by the Planning and Zoning Commission as
are other improvements within said district, except barbed wire fences.
2.
Residential fences shall not exceed six feet in height.
3.
The owners of residential properties shall be responsible for maintaining
said fences and to remove any fence which becomes unsightly or a menace
to public safety, health or welfare.
4.
On a corner lot, a fence shall not extend beyond the front building
line, as platted, which is parallel to the front of the house. Along
other front building lines as platted on a corner lot, the fence shall
be set back a minimum of 10 feet from the property line and shall
not extend into the sight distance area as defined in this chapter.
5.
No fence shall be permitted to extend beyond the building line at
the front of the structure or any property line. This prohibition
does not apply to fences located in "Special Old Town District"; said
fences are permitted upon review and approval by the Planning and
Zoning Commission as are other improvements within said district.
6.
On any interior lot other than a through-lot, a fence shall not extend
beyond the front building line nor shall any fence extend beyond the
side and rear property lines.
7.
In no case shall any front yard be enclosed by a fence other than
as provided for on a through-lot.
8.
Temporary fences may be erected in conjunction with "display homes"
in subdivisions so long as the fences are removed within 30 days following
the sale or transfer of ownership of the display.
9.
Ornamental dividers, plastic chains, posts or like materials erected
along driveways or sidewalks shall not be considered a fence.
10.
Fences shall be erected around swimming pools according to the adopted
Building Codes of the City of Moscow Mills.
11.
There shall be no fences consisting of one or more strand wires constructed
in residential zoning districts.
12.
Fence materials.
a.
Acceptable materials for fences and decorative posts that are four
feet or less include, but are not limited to, brick, stone and other
masonry; synthetic materials; redwood, cedar and treated wood; wrought
iron; decorative aluminum; and vinyl clad chain link.
b.
Acceptable materials for fences and decorative posts that are greater
than four feet include, but are not limited to, brick, stone and other
masonry; synthetic materials; redwood, cedar and treated wood; wrought
iron; and decorative aluminum.
D.
Fence Regulations For All C (Commercial) and I (Industrial) Districts.
1.
The following may be approved by the Planning and Zoning Commission:
a.
Requests stating the reason must be made in writing to and approved
by the Planning and Zoning Commission prior to construction or erection.
b.
Fences higher than six feet may be permitted for security and/or
screening purposes. Also, barbed wire or razor wire shall be permitted
only if the lowest strand is at least seven feet above grade, and
when used for security purposes in addition to a regular fence.
2.
Fences are permitted on any lot or paved area so long as they do
not extend beyond the front building line unless otherwise approved
by the Planning and Zoning Commission.
3.
Where a fence is constructed to comply with a screening requirement,
all fencing regulations regarding maintenance, materials and height
shall apply.
4.
Fences erected to screen waste receptacles shall adhere to the regulations
of the applicable zoning district.
5.
All fences installed in commercial zoning districts and industrial
zoning districts that abut residential properties, and are used for
the purpose of screening between districts, shall be masonry or vinyl.
6.
Fences constructed of chainlink that are located within commercial
and industrial zoning districts shall be coated with vinyl.
7.
All other general provisions previously stated shall apply.
The City of Moscow Mills City Code, Chapter 47-Moscow Mills
Flood Damage Prevention (Floodplain) Ordinance contains provisions
related to floodplain areas. The Ordinance may be amended as necessary
to comply with applicable State and Federal rules and regulations.
A.
In order for a person to obtain a Home Occupation Permit, said person
must meet the following criteria:
1.
Said occupation must occur in the home of the applicant (accounting,
preparation of mailings, receipt of business mail, telephone answering
service, or taking of orders for goods/services).
2.
Applicant must be a resident of the City at the time of requesting
said occupation.
3.
Applicant must fill out an application for a home occupation and
submit to City Clerk to be reviewed by the Planning and Zoning Commission.
Upon receipt of the application, the City Clerk will place the home
occupation request on the next regularly scheduled Planning and Zoning
Commission meeting agenda. If the occupation is favorably approved
or approved with contingencies by the Commission, the appropriate
business license shall be issued by the City.
4.
The applicant is required to send a Certified Letter to all adjoining
property owners for the purpose of informing them of their intent
to conduct a home occupation. Adjoining properties shall include all
properties abutting the subject property on the side and rear and
properties across any roadways abutting the subject property. A Certified
Letter shall also be sent to any applicable Homeowner's Association.
A copy of the letter to be sent to the adjoining neighbors shall be
included in the application packet.
B.
Home occupations (Residential Districts). Residential home occupations
shall be reviewed and approved by the Commission. Said occupations
shall meet all contingencies set by the Commission and conform to
the following criteria:
1.
Only one home occupation shall be permitted per residence.
2.
In no way shall the appearance of the structure be altered or the
occupation within the residence be constructed in a manner which would
cause the premises to differ from its residential character either
by the use of colors, materials, construction, lighting, signs or
the emission of sounds, noises or vibrations.
3.
Such occupation shall be conducted entirely within the residence
and carried on by not more than two individuals (not necessarily related)
one of whom is the principal occupant.
4.
The home occupation is clearly incidental and secondary to the principal
use of the residence.
5.
A home occupation shall not create greater vehicle or pedestrian
traffic than normal for the District in which is it located.
6.
No storage or display of materials, goods, supplies, or equipment
related to the operation of a home occupation shall be visible from
the outside of any structure located on the premises.
7.
The conduct of any home occupation, including but not limited to
the storage of goods and equipment, shall not reduce or render unusable
areas provided for the required off-street parking.
8.
Electrical or mechanical equipment which creates visible or audible
interference in radio or television receivers or cause fluctuations
in the line voltage outside the dwelling unit or which creates noise
not normally associated with residential uses shall be prohibited.
9.
A minimum of two off-street parking spaces shall be provided on the
premises for said occupation.
10.
No commercial vehicle, as defined by this chapter, shall be used
in connection with a home occupation, or parked on the property.
11.
No home occupation shall cause an increase in the use of any one
or more utilities (water, sewer, electricity) so that the combined
use for the residence and the occupation exceeds the average for residences
in the neighborhood.
12.
No home occupation shall be conducted in any accessory building (garage
or shed) except as approved by the Planning and Zoning Commission.
13.
The Planning and Zoning Commission may require fencing around the
yard if a home approved for a day care home is deemed appropriate
at the time of initial review of the home occupation or at any time
the home occupation is reviewed.
14.
Garage sales shall be considered a home occupation when more than
one sale is held during a month at a given residence.
C.
Examples of uses that frequently qualify as home occupations. The
following are typical examples of uses which often can be conducted
within the limits of the criteria established herein and thereby qualify
as home occupations. Uses which qualify as home occupations are not
limited to those named in this paragraph nor does this listing of
a use in this paragraph automatically qualify it as a home occupation:
accountant, architect, artist, attorney, individual tutoring, insurance,
one-chair barber shops, two-chair beauty shops.
D.
Uses that are prohibited. The following uses by their nature have
a tendency, once started, to increase beyond the limits permitted
for home occupations and thereby impair the use and value of a residentially
zoned area. Therefore, the uses specified below shall not be permitted
as home occupations: auto repair (other than personal), carpentry
work, painting of vehicles or large household appliances, furniture
stripping and similar uses, private investigation, firearms and/or
ammunition sales or services, or massage services/establishments.
E.
Non-compliance of home occupation permit. Any applicant not complying
with the restrictions and criteria herein specified shall be subject
to the penalties as provided for in this chapter.
F.
Reapproval and certification of home occupations. Home occupations
shall be subject to review and reapproval by the Planning and Zoning
Commission when deemed necessary by the Commission. Review of home
occupations may be scheduled at the time of the original hearing or
at a later date if needed. At the time of reconsideration, the home
occupation may be rescinded or reapproved; if reapproved, additional
contingencies may be added.
A.
Residential Districts. It shall be at the discretion of the individual
property owners to landscape their lots; however, at any given time
the following provisions shall apply:
1.
No tree, or ground cover shall be planted of a type of species apt
to destroy, impair, or otherwise interfere with any street improvements,
sidewalks, curbs, gutters, sewer, or other public improvements. It
is suggested that the property owner contact the City prior to landscaping
within any street right-of-way or utility easement.
2.
Vines of climbing plants growing over street signs, fire hydrants,
or other public property shall be removed by the property owner.
3.
On a corner lot, no planting or other obstruction to vision extending
to a height in excess of 24 inches above the established street grade
shall be erected, planted or maintained within the sight-distance
as an established area extending 30 feet from the point of intersection
of the two streets adjacent to the corner lot.
4.
All landscaping shall be properly maintained according to City Ordinances
presently in effect. The individual property owner shall be responsible
for such maintenance.
5.
For all Multiple-Family Residential Zoning districts, a landscape
plan shall accompany, or be a part of; each site plan, and no site
plan shall be approved without the Planning and Zoning Commission's
review and approval of said landscape plan. The landscape plan shall
contain size, type and location of plantings. All R-2 Two-Family Residential
zoning districts shall be required to have a landscape plan to be
forwarded to the Planning and Zoning Commission for its review and
approval. Landscaping is to be completed prior to issuance of a Certificate
of Occupancy by the Building Inspector.
6.
In all residential zoning districts, above-ground fuel storage tanks
shall not be permitted.
B.
Non-Residential Districts (Commercial/Industrial). In C (Commercial)
and I (Industrial) Districts, the landscaping/screening requirements
are as follows:
1.
Screening requirements.
a.
All screening and buffering requirements previously set forth in
the individual Districts shall be the responsibility of the lot owner
or developer to install and maintain.
b.
When off-street parking areas for six or more vehicles are located
within, or adjacent to, a residential District, and where such parking
areas are not entirely screened visually from such lot by an intervening
building or structure, a continuous, visual screen with minimum height
of six feet shall, be provided between the parking area and the said
lot or residential District. Such screen shall consist of a solid
fence or masonry wall, a compact evergreen hedge or foliage screening
may be approved as an alternative by the Planning and Zoning Commission.
c.
Protective screening. When off-street loading areas are located within,
or adjacent to, a residential District, and where such loading areas
are not entirely screened visually by an intervening building or structure,
a continuous visual screen with a minimum height of eight feet shall
be provided between the loading area and the said lot or residential
District. Such screen shall consist of a solid fence or a masonry
wall, a compact evergreen hedge or foliage screening may be approved
as an alternative by the Planning and Zoning Commission.
2.
Landscaping requirements.
a.
A landscape plan shall accompany, or be a part of, each site plan,
and no site plan shall be approved without the Planning and Zoning
Commission's approval of said landscape plan. This landscape plan
shall include size, type and location of plantings and shall include
parking lot planting islands, perimeter plantings, and similar landscape
features. The majority of evergreen trees shall be a minimum of six
feet in height.
b.
Where off-street parking spaces are provided, a minimum of 10 square
feet of landscaping shall be provided for each space within the parking
area or lot, or as approved by the Planning and Zoning Commission.
While no specific tree species or plantings are given in this chapter,
the developer or owner shall be expected to provide sufficient landscaping
details on the plans at the time of submittal. The use of earthen
berms or sculpting shall be encouraged provided these are designed
in an area of enough size so as to cause no erosion, drainage or maintenance
problems.
C.
Screening and landscaping. All off-street parking facilities, with
the exception of a single-family detached dwelling or a two-family
dwelling, shall be screened and landscaped in accordance with the
following design standards.
1.
Planting strip along property lines.
a.
Along each property line of the zoning lot, a planting strip of four
feet minimum width shall be provided between said property line and
the off-street parking facilities. Where parking facilities for non-residential
uses abut a residential district, a sight-proof fence or hedge of
not less than six feet in height shall be provided along the perimeter
of the off-street parking facility within the planting strip herein
described.
b.
In the case of a common/shared driveway entrance/exit the requirement
for a four feet minimum width planting strip will be waived. However,
the remainder of the site shall contain sufficient additional landscaped
areas to compensate for the loss of the planting strip or a portion
thereof.
2.
All off-street parking facilities shall be appropriately broken by
linear planting strips or variable shaped islands in the interior
of the facility. Such planting strips or islands shall be satisfactorily
landscaped with trees or other suitable vegetation and shall constitute
no less than 5% of the total area of the off-street parking facility
excluding the four foot planting strip previously mentioned.
3.
The selection of trees, hedges and other planting materials shall
be approved by the Planning and Zoning Commission.
4.
All screening and landscaping shall be installed in conformance with
the "Corner Visibility" restrictions of this chapter, or having the
highest visibility.
5.
The selection of trees, hedges, and other planting materials shall
be as approved on the landscape plan. All modifications shall be reviewed
and approved by the Planning and Zoning Commission.
D.
All landscaping indicated on the approved site development plan shall
be installed prior to issuance of a Certificate of Occupancy by the
Building Inspector. If installation of landscape materials cannot
be accomplished due to weather conditions or other factors, an escrow
shall be established to guarantee purchase and installation of all
landscape materials. The escrow shall be submitted for approval by
the Planning and Zoning Commission and shall otherwise be submitted
in compliance with the process established here in. Upon installation
of the landscape materials, the escrow shall be released by the City.
For any through lot, both frontages shall comply with the front
yard requirement of the District in which it is located. Swimming
pools, decks, and open-air porches shall comply with the setback requirements
of the underlying zoning District. In addition, fences shall comply
with provisions contained elsewhere in this chapter pertaining to
fencing.
A.
When the recorded owner of two or more contiguous lots desires to
consolidate lots, the owner shall indicate the proposed consolidation
in writing to the Planning and Zoning Commission. No amended record
plats are needed as long as the external boundary in question shall
be used as one lot. However, an exhibit including the following information
shall be provided:
1.
Outboundary of the affected lots.
2.
The recorded name of the subdivision and book and page of the original
record plat.
3.
Lot numbers for each lot as established on the record plat.
4.
The street(s) abutting the affected lots.
5.
Other items as deemed necessary by the Planning and Zoning Commission.
B.
The letter requesting consolidation and the exhibit shall be approved
by the City of Moscow Mills and recorded with the Lincoln County Recorder
of Deeds. A recorded copy of the letter and exhibit shall be returned
to the Planning and Zoning Commission.
A.
A non-conforming use is a land or buildings within the City of Moscow
Mills that does not conform to this chapter. A non-conforming use
may often have a detrimental effect on the land use around it, such
as increased traffic on residential streets, not enough parking spaces,
the emission of noxious fumes, the creation of loud noises or a depressing
effect on property values. These regulations are intended to minimize
the existing and/or potential problems created by non-conforming uses.
B.
Continuance Of A Non-Conforming Use.
1.
Any lawful building, structure, or use existing at the time of the
enactment of this chapter may be continued even though such building,
structure, or use does not conform to the provisions of this chapter
for the District in which it is located and whenever a District shall
be changed hereafter then the existing lawful use may be continued,
subject to the provisions of this chapter.
2.
Any legal non-conforming building or structure may be continued in
use provided there is no structural change other than normal maintenance
and repairs.
3.
Any building for which a permit has been lawfully granted prior to
the effective date of this chapter or of amendments hereto, may be
completed in accordance with the approved plans, provided construction
is started within six months.
4.
A building or lot containing a non-conforming use may not be enlarged,
extended, reconstructed, or altered unless such use is made to conform
to the regulations of the District in which it is located. However,
in the case of evident hardship, a building containing a non-conforming
use may be enlarged an amount not greater than 25% of its present
ground floor by approval of the Planning and Zoning Commission.
5.
Any business that has a legal non-conforming use or has previous
approved by the Planning and Zoning Commission will not need re-approval
to continue that use if the business is sold, provided that the business
is not substantially changing.
C.
Repairs, maintenance and alteration of non-conforming use/building.
1.
Ordinary repairs and maintenance of a non-conforming building shall
not be deemed an extension of such non-conforming building and shall
be permitted.
2.
No structural alteration shall be made in a building or other structure
containing a non-conforming use except in the following situations:
a.
When the alteration is required by law.
b.
When the alteration will actually result in elimination of the non-conforming
use.
c.
A building containing a non-conforming use may be altered in a way
to improve livability and/or appearance provided no structural alteration
shall be made which would increase the number of dwelling units or
the bulk of the building.
D.
Abandonment or discontinuance.
1.
When any non-conforming use has discontinued for a period of 12 consecutive
months, such use shall not thereafter be resumed and any future use
of the premises shall be in conformity with the provisions of this
chapter, provided that, such non-conforming use may be resumed when
the owner during the period of discontinuance, has been actively attempting
to continue such non-conforming use.
2.
Proof of fact in writing must be furnished to the Planning and Zoning
Commission by the applicant to establish intent not to abandon.
A.
Amount of land/recreational facilities to be provided. Prior to the
issuance of any Building Permit, the developer of any residential,
commercial, or industrial areas shall comply with the City's current
Comprehensive Plan and Future Land Use Map in providing open space,
playgrounds, bike trails or recreational related facilities reasonably
related to the development. During the site plan review process, the
developer will provide reasonable measures to retain existing trees
and vegetation and is encouraged to participate in the City's park
development program.
B.
Application. The provisions of this chapter shall apply to all residential,
commercial or industrial developments within the Corporate Limits
of Moscow Mills, Missouri. In submitting a preliminary plat or site
plan, the developer shall ensure that said plat or site plan contains
sufficient detail so as to distinguish open space, playground, bike
trails or recreational related facilities. The developer shall also
indicate on said preliminary plat or site plan the land and/or facilities
which are to be dedicated as park, bike trail or open space to the
City, or dedicated to the private or common ownership for park purposes.
All plats and plans shall be reviewed by the City for conformity with
the City's then current Comprehensive Plan and Future Land Use Map.
(See "Subdivision Regulations".)
A.
The intent of this provision is to provide pedestrians with safe
and convenient access to schools, recreational, retail areas, and
places of employment. In general, sidewalks should be located in the
public right-of-way parallel to the street pavement. However, when
a sidewalk can be integrated into a linear park system, consideration
should be given to combination pedestrian/bicycle paths. In any event,
the purpose of sidewalks shall be to connect people with specific
destinations within the City. The following specifications shall apply:
4.
Non-Residential Street (forty-foot right-of-way).
5.
Sidewalks for pedestrian/bikeway movement shall be a minimum of six
feet in width. Property easements for such purpose shall be a minimum
of 10 feet. The Planning and Zoning Commission shall require additional
easements where necessary.
A.
In planning and developing a subdivision, lot or tract, the developer/subdivider
shall comply with the general principles of design and minimum requirements
for the layout of a subdivision concerning required improvements,
and in every case shall pursue the following procedures.
B.
Pre-application proceedings. Not less than 45 days prior to the preparation
of the preliminary plat and/or site plan, the developer/subdivider
shall consult with the designated City representative in order to
become familiar with the standards established in these regulations
and the provisions of the Comprehensive Plan affecting the land proposed
to be subdivided.
C.
Process of submission of preliminary plat or site plan.
1.
The developer/subdivider, after the advisory meeting, may then initiate
a request for formal review of the preliminary plat, site plan, or
record plat. The developer/subdivider shall submit said plat or plan
in accordance with the established scheduled meeting of the Planning
and Zoning Commission at which action is desired. After review of
plat or plan by City staff, and subsequent notification of deficiencies/problems,
developer/owner shall resubmit corrected plat or plan not less than
seven working days prior to the Planning and Zoning Commission meeting.
Resubmitted plats or plans containing more than six deficiencies shall
not be submitted to the Planning and Zoning Commission for review.
2.
All preliminary plats or site plans shall be prepared and sealed
by a qualified and Registered Professional Engineer or Registered
Land Surveyor.
3.
The applicant shall submit a sufficient number of prints as required
by the Administrative Officer for all staff reviews and Planning and
Zoning Commission reviews. The prints shall be black or blue line
with all copies folded to an approximate size of 8 1/2 inches
by 11 inches.
4.
Preliminary plats or site plans submitted for the initial review
without substantial information, or submitted for the final formal
review that omit more than six items as required under herein, shall
be required to resubmit the plat or plan with the appropriate fee.
5.
All preliminary plats shall be acted on by the Planning and Zoning
Commission within 60 days of plat submittal to the City.
6.
A traffic study may be required by the City Engineer if deemed necessary
for the analysis of a development project by the Planning and Zoning
Commission.
D.
Information required on a preliminary plat or site plan.
1.
The plat or site plan shall be drawn to scale of not greater than
100 feet to the inch and shall contain the following information:
b.
North arrow and scale and property address from the applicable fire
protection district.
d.
Boundary line showing bearings and distances.
e.
Adjacent properties information — existing and proposed. Ownership
and use of land, zoning classifications. (Ownership of lots in residential
subdivision are not required.)
f.
Utilities and easements.
(1)
Indicate name and phone number of the company or jurisdiction
providing the following services: water, sanitary sewer, electric,
telephone, gas, cablevision.
(2)
Identify size and location of existing water lines, sewer lines,
electric service and other existing utilities. Show the location of
future water and sewer lines and electric service.
(3)
Indicate existing easements on plat or plan including perimeter
utility easement.
g.
Lot dimensions.
(1)
(a)
On residential lots indicate approximate square footage of each
lot. Provide notes reflecting minimum side, rear, and front dimensions
exclusive of public right-of-way.
(b)
Indicate minimum lot width at the building line on irregular
shaped lots, or lots having a measurement less than the required lot
width at the building line.
(2)
On non-residential lots, indicate gross acreage for each lot
to be reviewed exclusive of public right-of-way.
(3)
Indicate building dimensions and square footage of the same.
(4)
Indicate building lines and dimension of the building to the
property lines.
h.
Public and private streets and curb cuts.
(1)
Show all proposed streets and improvements to existing sheets.
Indicate whether public or private, width of pavement, width of right-of-way
and name of streets. (A letter from the Lincoln County 911 Emergency
Services Department indicating approval of street names must be supplied
to the City.)
(2)
Dimension curb cuts on all non-residential development.
(3)
Show adjacent or connecting streets and their names.
(4)
Show all street lighting.
(5)
Comply with segment of regulations which specifies information
to be supplied at the time of filing of the preliminary plan or development
plan as it relates to stormwater management planning.
(6)
Indicate basic soil erosion control plan to be utilized during
site development.
(7)
Other information as may be required by the Planning and Zoning
Commission.
i.
Physical characteristics and stormwater management.
(1)
On-site plans provide existing contours at two foot intervals
and one foot intervals for proposed. On preliminary plats, provide
existing and proposed contours at intervals of five feet or less.
(2)
Indicate natural features to be left undisturbed including natural
watercourses. The development shall leave as much of the natural topography
and tree growth as reasonably possible to facilitate erosion control
and aesthetic considerations.
j.
Parks/open space, recreational areas and common ground.
(1)
Parks and open space land shall be shown on the plan if required
in the City's Comprehensive Plan.
(2)
Recreational area, if proposed, shall delineate type of facilities
and who will be responsible for operation and maintenance of same.
(3)
All common ground areas shall be shown with an appropriate note
provided regarding administration of same.
k.
Setback and yards. Setback and appropriate yards shall be at least
those specified for the applicable district.
l.
Sidewalks — where required (refer to sidewalk regulations).
Show side(s) of street(s) where sidewalk is to be located and length
of same.
m.
Additional information required for non-residential site plan development.
Refer to specific zoning District for details.
(1)
Protective screening for properties abutting residential zoning
Districts.
(2)
Trash containers. Show location and indicate that screening
shall be six feet in height and compatible with the building style.
(3)
Street lighting. Show location.
(4)
Landscape plan. No site plan shall be approved without an acceptable
landscape plan. Information on location of plantings, species, numbers,
and size is appropriate.
(5)
Building outline and floor area. Dimension floor area and identify
building usage. If multiple use, provide appropriate floor area breakdown.
Provide other information including building entrances as required
by the Planning and Zoning Commission.
(6)
Parking and off-street loading.
(a)
All parking shall be based upon building use(s) in accordance
with parking requirements provided in these regulations. Handicapped
spaces shall be provided. Appropriate dimensions shall be given for
all parking spaces and access aisles. Handicapped parking space signs
and ramps shall be indicated where applicable. Off-street loading
shall be provided as specified in these regulations and shall be appropriately
dimensioned.
(b)
Indicate curb and gutter on all parking lots.
(7)
In order to insure architectural compatibility within non-residential
and certain residential zoned areas of the City, the Commission shall
require architectural drawings and profiles to accompany site plans.
2.
Upon approval of the preliminary plat/site plan five copies of the
revised plat/plan incorporating appropriate contingencies shall be
submitted to the City of Moscow Mills prior to issuance of a Building
Permit, but in no case later than 120 days following approval. If
available, digital media shall also be provided. Failure to provide
said revised plat/plans will render the plan null and void.
3.
If the site work approved through the site plan approval process
has not been substantially begun within 12 months after site plan
approval, the site plans shall become null and void. An applicant
must refile the appropriate information and applicable fee when said
site plan has been voided.
E.
Architectural review for structures in all zoning districts except
R-1 and R-1(A) Single-Family Residential District and R-2 Two-Family
Residential District.
1.
Purpose. The intent of this subsection is to assure the mutual compatibility
and appearance of buildings and their surroundings in the City of
Moscow Mills.
2.
Application review responsibility.
a.
The criteria shall apply to all new building construction excluding
single-family and two-family residential dwellings. The Commission,
prior to issuance of a Building Permit by the City, shall have the
responsibility to review renderings, except as provided for hereinafter.
Where building additions or alterations are considered, the Planning
and Zoning Commission shall review renderings for consistency with
original renderings. At the time of occupancy and/or use change, the
Planning and Zoning Commission may require modifications to the building
exterior to improve the appearance of the building. For substantial
remodeling or renovation of a building, a revised rendering or elevation
drawing shall be submitted to the Planning and Zoning Commission for
review.
b.
For all attached housing units including, but not limited to, villas
and multiple-family buildings, the following architectural requirements
will apply:
(1)
Buildings which exceed one story above-grade in height shall
be constructed of masonry on all four sides of the building; all other
buildings shall include a majority of masonry materials, but may include
other maintenance free materials such as vinyl siding.
(2)
The Administrative Officer shall be given the authority to approve
renderings or colored photos but cannot reject the same. Any renderings
of multiple-family units not approved by the staff shall be brought
to the Planning and Zoning Commission. The Planning and Zoning Commission
shall review those renderings and shall approve or deny the renderings
no later than the second regular meeting of the Planning and Zoning
Commission. If the Planning and Zoning Commission denies said renderings,
the Chairman shall set forth in writing the reasons for denial by
the Commission.
3.
Submission guidelines/requirements.
a.
A perspective colored rendering detailing the building's profiles
must be submitted for Commission review along with the site plan.
The rendering shall be drawn on a twenty-four-inch by thirty-inch
(minimum size) sheet of paper at a scale no smaller than 20 feet to
the inch. The Commission may, at its discretion, accept colored photos
if they are of reasonable quality. Where multiple buildings are proposed
and they will differ architecturally, the site plan applicant is expected
to supply all appropriate renderings. Materials to be used and colors
proposed for the exterior are to be shown/listed on the rendering.
b.
A file ready (approximately 8 1/2 inches by 11 inches size)
copy of photo of the rendering must also be submitted to the Planning
and Zoning Commission by the final submittal date of the site plans.
Said copy of photo is to be kept for record and will not be returned
to applicant and/or developer. Plans submitted for review with a Building
Permit application shall essentially be in accord with the renderings
or the Permit will be denied.
c.
Where deed or subdivision documents contain architectural standards,
applicant shall supply a copy of same to the City Engineer.
4.
Criteria.
a.
Architectural materials.
(1)
All buildings shall be architecturally treated on all sides
of the building to create a consistent and attractive building appearance.
All new buildings shall be designed so as to match or complement existing
buildings in the vicinity.
(2)
Architectural materials shall be as approved on the architectural
renderings. All new buildings shall consist predominantly of masonry/brick,
wood, architectural panels, or glass. EFIS or stucco type material
shall be considered as accent material. The Planning and Zoning Commission
may approve other materials that provide similar or equal architectural
treatments.
b.
Roof top utilities such as, but not limited to, cooling towers and
heating and cooling equipment installed in conjunction with any buildings
or installed on any building heretofore erected shall be screened/enclosed
with walls of brick, wood, or other similar architectural material
extending to the height of the highest projection of such equipment
from all sides.
c.
Exterior walls of buildings exposed as the result of demolition or
removal of an adjacent building, unless such walls are in good condition
and architecturally compatible with other walls and surrounding buildings,
shall be renovated or improved, as required by the Planning and Zoning
Commission, to provide such compatibility.
d.
Retaining walls and similar walls shall be of a decorative treatment
as approved by the Planning and Zoning Commission. Exemption from
this requirement shall be as approved by the Planning and Zoning Commission.
F.
Improvements installed or guaranteed in all zoning districts. Site
plan improvements shall be installed or guaranteed as herein provided:
1.
Before the City issues a Site Development Permit as required, the
developer/contractor must have submitted and obtained approval of
improvement plans for all improvements planned for each site and have
established a satisfactory escrow agreement, lender's agreement or
land subdivision bond insuring or guaranteeing the construction in
accordance with the approved plans of all improvements to be dedicated
to the City and restoration of the site in case of project abandonment
or project completion in the case of failure to complete the project.
Guarantee Agreements:
a.
Agreements shall be prepared on forms furnished by the City of Moscow
Mills. Four originals shall be provided to the City.
b.
Agreements shall be approved by the City Engineer.
c.
Agreements shall guarantee the improvements set forth in the approved
improvement plans by providing for deposit (cash, certified check
or cashier's check) with the City of Moscow Mills or an institution
whose deposits are Federally insured by the United States Government
of that sum of lawful monies of the United States of America or a
lender's agreement in the amount which the City Engineer shall reasonably
estimate as the cost of said improvements. The developer/contractor
shall submit a listing of improvement quantities along with the estimated
unit cost to facilitate the City Engineer completing the estimate.
d.
If there is an escrow sum, it shall be held in a special account
by the escrow holder subject to the audit by the City Engineer and/or
Board of Aldermen of the City of Moscow Mills, Missouri.
e.
If there is a lender's agreement, it shall be subject to audit by
the City Engineer and/or the Board of Aldermen of the City of Moscow
Mills.
f.
Bonds shall be with a surety approved by the City and in a form approved
by the City.
2.
The estimated sum shall be held by the escrow holder or the lender
as provided for in the agreement. Authorization shall be written and
addressed or copied to the escrow holder or the lender authorizing
release. The City Engineer may authorize release for disbursement
by the escrow holder or lender for the payment of labor and materials
used in the construction and installation of the improvements guaranteed,
as the work progresses, and when such work is approved by the City
Engineer.
3.
For improvements which are to be dedicated to the City for maintenance,
10% of the total monies estimated for said improvements shall be retained
for a period of two years from the date of acceptance of the instrument
of dedication by the Board of Aldermen to guarantee proper construction
of said improvements. In the event that during this two years period
any of the improvements escrowed for deemed by the City Engineer to
fail the construction guarantee, the 10% retention shall be used for
reconstruction, repair or modification of the improvements as may
be required. After the period of two years after the date of acceptance
of the instrument of dedication and correction of any deficiencies,
all monies remaining in the escrow account shall be released. If deemed
in the City's best interest not to perform remedial work within the
aforementioned two-year period and the developer/contractor agrees
to extend the escrow agreement, release of all monies can be delayed
until a mutually agreed upon date has been reached. No authorization
for release shall be made until inspections have been made certifying
that the improvements have been constructed in accordance with the
approved plans and meet all requirements of the City of Moscow Mills.
Closed circuit TV (CCTV) inspections for sanitary and storm sewer
mains to be dedicated to the City shall be required prior to the release
of escrows or acceptance of the mains by the City. The CCTV inspection
shall be conducted by the City at a cost to the developer as established
by the City. Said fee must be paid prior to the inspection and release
of the 10% retention. The developer may elect to conduct the CCTV
inspection in which case the developer shall provide the City with
a videotape and written report prepared by an inspection company or
engineer approved by the City. The CCTV videotape and inspection report
shall be prepared in the format required by the City and shall describe
the location and type of deficiencies found. After correction of the
deficiencies, the sewer shall be reinspected by the City.
4.
In the event that the improvements which are to be dedicated to the
City are not satisfactorily installed and dedicated within two years
after the approval of the improvement plans, the City of Moscow Mills
has the right to remove said monies to complete the guaranteed improvements,
complete the site improvements and/or restore the site unless an extension
in time is granted by the Planning and Zoning Commission.
Before a street name can be assigned or used, the City must
have received written approval from Lincoln County 911 Emergency Services
Department. The developer must submit said written approval prior
to the Planning and Zoning Commission's review of the site plan and/or
preliminary plat.
A.
In order to change a street name, person(s) must follow the procedure
below:
1.
Person(s) requesting a street name change must appear before the
Planning and Zoning Commission at their regular meeting. In order
to appear before the Commission, person (s) requesting said street
name change(s) shall submit a letter detailing the change (s) to the
City not less than 10 working days prior to the Commission's next
meeting date. The City Clerk shall inform the Commission of the requested
change(s) and place said change(s) on the appropriate agenda.
2.
Person(s) requesting said change(s) must obtain written approval
of street name change(s) from the Lincoln County 911 Emergency Services
Department and provide a copy to the City at such time as the formal
street name request is submitted.
3.
A copy of the Commission's recommendations will be provided to the
Board of Aldermen. The Board of Aldermen may act on the Commission's
recommendation.
4.
Upon the Board of Aldermen's approval, the City Clerk will provide
the County Recorder's and Assessor's Office with copies of the affidavit
approving said street name change(s). The City Clerk will inform the
appropriate fire protection district and post office of the name change
and make the necessary corrections to the official maps of the City
of Moscow Mills.
A.
To vacate a street right-of-way, the following the procedures must
be followed:
1.
A formal written request must be made to the City. Such request must
be considered by both the Planning and Zoning Commission and the Board
of Aldermen. In addition, the request must be accompanied by the following:
a.
Legal description of property to be vacated.
b.
Location map (not to scale) showing property to be vacated and identified
by words "To Be Vacated" so that it can be determined without reading
the legal description.
c.
Documentation from utility companies that they release their claims
to easements insuring there are no utility lines or interests within
easement area(s).
2.
Any street vacation request must be reviewed by the Planning and
Zoning Commission. To appear on the Commission's agenda, said requests
must be received by the City no later than 10 working days prior to
the Commission's next regularly scheduled meeting. Although no formal
public hearing is required, an advertisement will be published in
the legal newspaper and a local newspaper, both of general circulation
in the City of Moscow Mills, notifying the public of the proposed
vacation. The fee for the advertisement will be paid by the person(s)
requesting said street vacation.
3.
Upon recommendation by the Commission, the Board of Aldermen may
act on said vacation request(s). If the Board approves of the vacation,
an appropriate Ordinance will be prepared.
4.
Following approval of the aforementioned Ordinance, the City Clerk
will provide the Lincoln County Recorder's and Assessor's Office with
the appropriate document.
A.
All service stations approved and constructed within the City of
Moscow Mills are required to have both male and female handicapped
accessible restroom facilities. All commercial and industrial buildings,
except accessory buildings, shall contain restroom facilities and
shall be connected to water and sewer service.
B.
No gasoline station shall be erected within 1,000 feet of any church,
hospital, school or any other such type of public assembly building
used by large numbers of people, or within 1,000 feet of an existing
filling station, service station, or gasoline station. The method
of measurement that shall apply shall be the "airline distance" measured
from the nearest boundary of the premises upon which there exists
such churches, hospitals, schools, or other types of public assembly,
buildings or filling stations or service stations.
C.
A gasoline station lot shall be of adequate width and depth to meet
all setback requirements, but in no case shall a corner lot have less
than 150 feet of frontage on each street side, and an interior lot
shall have a minimum width of at least 150 feet.
A.
It shall be permissible to temporarily use a Recreational Vehicle
on a residential lot for personal dwelling purposes or to accommodate
guests so long as said use does not last longer than seven consecutive
days or 14 days in any given calendar year and so long as said use
is not made in exchange for payment.
B.
In the event of partial or total destruction of an existing single-family
dwelling, the resident may place a Recreational Vehicle, Mobile, or
Manufactured home on the lot for temporary dwelling purposes until
the original dwelling can be repaired or rebuilt, not to exceed six
months. The temporary dwelling shall not be required to conform to
the site, placement, or other requirements of this chapter so long
as good faith efforts are underway to repair or rebuild the original
dwelling.
A.
No person shall make major repairs to any vehicle or dismantle any
vehicle upon a public street or upon private property in any residentially
or commercially zoned District unless said repairs or dismantling
is conducted in an enclosed area, the interior of which cannot be
viewed from any surrounding residential property.
B.
Any repairs or dismantling as authorized in Subsection A shall only be lawful if the owner of or person controlling the residential property is performing said repairs or dismantling a vehicle owned by a member of the household.
C.
Nothing herein shall prohibit minor repairs be performed on a vehicle
owned by a member of the household. Such minor repairs can be conducted
in an enclosed area or if performed outside must be completed within
a six-hour period.
D.
The repair of a vehicle under this section shall not create a nuisance
by excessive noise, early or late work or debris accumulation.
A.
General. A part of any building or structure shall not extend into
side courts, inner courts, or yards required for light and ventilation
of habitable and occupiable rooms or by the zoning law or other Statutes
controlling building construction, except as hereinafter provided;
but the encroachment shall not exceed 20% of the legal area of yard
or court required for light and ventilation purposes.
B.
Steps, architectural features and roof eaves. Steps, window sills,
belt courses, and similar architectural features and rain leaders,
chimneys, and roof eaves shall project not more than two feet beyond
any building line.
C.
Exterior stairways and fire escapes. Outside stairways, smoke-proof
tower balconies, fire escapes or other required elements of a means
of egress shall not project more than four feet beyond the face of
the wall.
