[Ord. No. 03-019, 6-23-2003; Ord. No. 17-2021, 6-21-2021]
A.
Scope Of Provisions. This Section contains the regulations of the
Planned Unit Development Procedure. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter which are incorporated as part of this Section by
reference.
B.
Statement Of Intent. The intent of this Section is to provide a voluntary
and alternate zoning procedure in the "R-1," "R-2," and "R-3" Residence
District in order to permit flexibility in building types, encourage
economic and energy efficient subdivision design, and encourage the
provision of supporting community facilities in the development of
diverse, sound, urban developments under conditions of approved site
and development plans.
C.
Applicable Zoning Districts. The Planned Unit Development Procedure
may be utilized for developments containing five (5) or more lots
or units in the residence districts.
D.
Authorized Developments And Limitations. The Planned Unit Development
Procedure may authorize the following development types and standards:
1.
Any residential use, and supporting community facilities.
2.
Any non-commercial use permitted in the zoning district within
which the Planned Unit Development lies. The area and yard requirements
for non-dwelling uses shall not be diminished unless authorized by
the ordinance authorizing the Planned Environment Unit.
3.
Local public utility facilities.
4.
Lot area, yard setback, and height requirements shall be as
established in the ordinance authorizing the Planned Environment Unit.
E.
Procedures. Procedures for filing, review, and approval of the Planned
Unit Development Procedure shall be as follows:
1.
Application. Application for a Planned Unit Development for
a specific tract of land shall be initiated by the filing of a verified
application by the owner or owners of record, or owners under contract
of a lot or tract of land, or their authorized representatives. Application
shall be submitted to the Planning and Zoning Commission upon forms
prescribed for such purpose by the Planning and Zoning Commission
and accompanied by the following:
b.
Preliminary site development plan, which shall include the following:
(1)
An outboundary plat of the tract with a land surveyor's
seal and statement of verification regarding the source of boundary
dimensions, bearings, and source of contour data.
(2)
Type, number, and general location of proposed
lots or units.
(3)
Existing and proposed contours at vertical intervals
of not more than five (5) feet referred to sea level datum. Flood
plain areas shall be delineated.
2.
Density Calculations. The Planned Unit Development shall not
contain more units than would be permitted under the regulations of
the "R-1," "R-2" or "R-3" Residence District within which the development
lies. The maximum number of lots or units allowable shall be calculated
by dividing the area of the development by the minimum lot area requirements
for a residential unit of the residence district or districts in which
the subdivision is located.
3.
Multi-Family. The Planned Unit Development may authorize multi-family dwellings in the "R-3" Residence District. The Planned Unit Development may be utilized to modify otherwise applicable district regulations by authorizing modification of any of the restrictions or standards included in Section 415.020(E), including, but not limited to, gross density, minimum lot area, maximum acreage of development, height, setbacks and parking.
4.
Public Hearing.
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A public hearing on the petition shall be held by the Planning
and Zoning Commission in the same manner and with the same public
notice procedure as required for a change of zoning. The public hearing
shall be held within forty-five (45) days of verification that the
application meets the minimum application requirements.
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5.
Planning And Zoning Commission Recommendation. Upon review of
the application, the Planning and Zoning Commission may recommend
approval subject to appropriate conditions or denial. Conditions may
relate to, but need not be limited to, the following:
a.
Conditions relative to the type and extent of improvements and
landscaping.
b.
Conditions governing development, improvements, and maintenance
of common ground.
c.
Conditions relative to the maximum or minimum gross floor area
per dwelling unit.
d.
Conditions relative to sign regulations.
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When approval has been recommended subject to conditions, and
the conditions would cause a substantial change in the site development
plan presented at public hearing, the Planning and Zoning Commission
shall withhold forwarding a recommendation to the Board of Aldermen
pending receipt of a revised plan from the petitioner reflecting compliance
with the conditions. The petitioner shall be allowed a maximum of
forty-five (45) days to submit the revised site development plan to
the Planning and Zoning Commissioner. Said site development plan shall
be reviewed by the Planning and Zoning Commission at its next meeting.
If the petitioner fails to submit the revised site development plan,
the Planning and Zoning Commission shall forward its recommendations
to the Board of Aldermen. The Planning and Zoning Commission's recommendation
shall be based upon whether the Planned Unit Development proposal
is consistent with good general planning practice and with good site
planning; can be constructed and operated in a manner that is not
detrimental to the permitted uses in the district; would be visually
compatible with the uses in the surrounding area; and is deemed desirable
to promote the general welfare of the City. The Planning and Zoning
Commission shall also consider the architectural, landscape, and other
relationships, which may exist between the proposed development and
the character of the surrounding neighborhood and shall prescribe
and require such physical treatment or other limitations as will,
in its opinion, enhance the neighborhood character. The recommendation,
along with preliminary plans and conditions where approval has been
recommended, shall be forwarded to the Board of Aldermen for its consideration.
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6.
Board Of Aldermen Action. Upon receipt of the Planning and Zoning
Commission's recommendation, the Board of Aldermen shall either approve
the Planned Unit Development by approving an ordinance authorizing
the development or deny the application. If the application is approved,
the matter shall be returned to the Planning and Zoning Commission
for consideration of a site development concept plan.
F.
Appeal Or Protest Procedure.
1.
Appeal By Petitioner To Recommendation Of Denial.
a.
Statement Of Intent. The purpose of this Section is to provide
a formal method by which a petitioner may request further consideration
by the Board of Aldermen of a Planning and Zoning Commission denial
or recommendation of denial of certain special procedures as specified
herein.
b.
Filing Of Appeal. Upon the denial or recommendation of denial
by the Planning and Zoning Commission of an application for a special
procedure as specified herein, the applicant may file an appeal with
the Board of Aldermen requesting a determination from that body. A
Notice of Appeal shall be filed within ten (10) days after the Planning
and Zoning Commission's report is received by the Board of Aldermen
at a regular meeting. Notice of Appeal to the Board of Aldermen shall
be in writing and shall be filed in duplicate with the City Clerk,
accompanied by a fee of two hundred dollars ($200.00). The applicant
shall have an additional thirty (30) days to file the actual appeal.
The appeal shall specifically state how the application, as initially
filed or subsequently modified, meets the criteria set forth in the
regulations of the special procedure in question.
c.
Review Of Appeal Or Protest. The following regulations shall
govern the review of an appeal:
(1)
Referral Of Appeal To Planning Commission. Upon
receipt of an appeal, the Board of Aldermen shall refer it to the
Planning and Zoning Commission. The Planning and Zoning Commission
shall respond thereon to the Board of Aldermen disclosing in what
respect the application and facts offered in support thereof met or
failed to meet the requirements specified in this Section.
(2)
Public Hearing By The Board Of Aldermen. Before
acting on any appeal or protest the Board of Aldermen shall set the
matter for hearing. The Board of Aldermen shall give written notice
of such hearing to the applicant and public notice shall be given
in the same manner as required for a change in zoning. The applicant
shall be heard at the hearing. In addition, any other person or persons
who, in the discretion of the Board of Aldermen, will be aggrieved
by any decision or action with respect to an appeal may also be heard
at the hearing.
(3)
Board Of Aldermen Decision. Following the hearing
by the Board of Aldermen on an appealed application, the Board of
Aldermen may affirm, reverse or modify, in whole or in part, any determination
of the Planning and Zoning Commission.
2.
Protest By Specified Nearby Property Owners To Recommendation Of Approval. In accordance with the procedure provided in Section 435.040(A)(2), Specified nearby property owners may file a Protest with the Board of Aldermen against the Planning and Zoning Commission's recommendation of approval of an application for a Planned Unit Development Procedure or an amendment.
G.
Site Development Concept Plan And Section Plan. Requirements for
site development concept plans and section plans shall be as follows:
1.
Site Development Concept Plan Requirements. Site development
concept plans shall include, in addition to specific information required
by the ordinance authorizing the development, the following general
information:
a.
Outboundary plat and legal description of the property.
b.
Location of all roadways adjacent to the property and general
location, size, and pavement widths of all interior roadways.
c.
General design of the development including unit types (i.e.,
single-family detached, single-family attached, garden apartment),
number of each unit type proposed location of units, minimum and maximum
size of single-family lots, approximate size of multiple family structures,
and location and size of common areas and recreation facilities.
d.
Zoning district lines and flood plain boundaries.
e.
Density calculations.
2.
Director Of Public Works Review.
The Director of Public Works shall determine if the site development
concept plan complies with the conditions of the ordinance authorizing
the development. The Director of Public Work's approval or disapproval
of the site development concept plan shall also be based upon whether
the plan is consistent with good general planning practice, consistent
with good site planning, can be constructed and operated in a manner
that is not detrimental to the permitted uses in the district, would
be visually compatible with the uses in the surrounding area, and
is deemed desirable to promote the general welfare of Jefferson County.
The Director of Public Works shall also consider architectural, landscape,
and other relationships which may exist between the proposed development
and the character of the surrounding neighborhood and shall prescribe
or require such physical treatment or other limitations as will, in
its opinion, enhance the neighborhood character.
The petitioner/developer may appeal to the Planning and Zoning
Commission from a decision by the Director of Public Works, in cases
where the Director of Public Works is authorized to review the site
development concept plan. The petitioner shall have a fifteen-day
period in which to file a written appeal and plan with the Planning
and Zoning Commission. The written appeal, stating the reasons for
the appeal, shall be submitted to the Director of Public Works. The
Planning and Zoning Commission will make the final determination of
the matter. No exceptions will be granted that are in violation of
the particular ordinance governing the development plan.
3.
Recording. Upon approval of the site development concept plan
by the Planning and Zoning Commission, the owner(s) shall, within
sixty (60) days of the approval date, record the plan with the Jefferson
County Recorder of Deeds as a Planned Unit Development. Failure to
record the site development concept plan within the time specified
shall cause approval of the plan to terminate. An extension of recording
time may be granted by the Planning and Zoning Commission for a period
not to exceed one hundred eighty (180) days from the date of approval
by the Planning and Zoning Commission.
4.
Site Development Section Plans.
A site development section plan for each plat or phase of the Planned Unit Development shall be submitted to the Director of Public Works for review and approval. The site development section plan shall contain such information as is required by the ordinance establishing the Planned Unit Development, in addition to such other information required on a preliminary plat in accord with Section 445.100 of the Herculaneum Subdivision Ordinance. The plans shall be retained on file by the City. An approved site development section plan shall constitute an approved preliminary plat for subdivision purposes. No building permits or authorization for improvement or development for any use authorized under provisions of the Planned Unit Development ordinance governing the tract shall be issued prior to approval of such plans.
Where elements within the designated Planned Unit Development
boundary are necessary to the support of a given section, but not
included within the section boundary, these elements shall be included
on a site plan accompanying, or a part of, the site development section
plan.
For developments consisting of a single plat or phase, the site
development concept plan may include all the information required
for concept plans and section plans, and the requirement for site
development section plans may be waived.
H.
Procedures To Amend The Planned Unit Development Ordinance Or Required
Plans. In order to amend provisions of an existing Planned Unit Development
ordinance or to amend a site development concept or section plan approved
for the Planned Unit Development, the procedure shall be as follows:
1.
To Amend The Planned Unit Development Ordinance:
a.
The property owner or authorized representative shall submit
a written request to amend ordinance conditions to the Director of
Public Works for review. The Department shall then evaluate the request
for consistency in purpose and content with the nature of the proposal
as originally advertised for public hearing.
b.
If the Director of Public Works determines that the requested
amendment is consistent in purpose and content with the original proposal
as advertised, the Director of Public Works shall so report to the
Planning and Zoning Commission. The Planning and Zoning Commission
shall review the request and the report of the Director of Public
Works, and then forward a recommendation to the Board of Aldermen.
A recommendation of approval shall include conditions to be included
in the amended ordinance.
c.
If the Director of Public Works determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Director of Public Works shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed ordinance amendment and forward a recommendation to the Board of Aldermen. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the Board of Aldermen for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 435.040.
2.
To Amend The Site Development Concept Or Section Plans:
a.
The property owner or authorized representative shall submit
an amended site development concept or section plan to the Director
of Public Works for review. The Director of Public Works shall then
evaluate the request for consistency in purpose and content with the
nature of the proposal as originally advertised for public hearing,
the preliminary development plan approved by the Board of Aldermen,
and the initial site development concept plan approved by the Planning
and Zoning Commission.
b.
If the Director of Public Works determines that the proposed
amendment to the site development concept plan is not in conflict
with the original proposal as advertised and the approved preliminary
development plan, and meets all conditions of the Planned Unit Development
Procedure ordinance, said plan shall be reviewed and approved by the
Planning and Zoning Commission. Said amended plan shall be recorded
with the Jefferson County Recorder of Deeds within sixty (60) days
of Planning and Zoning Commission approval.
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However, when conditions of a particular Planned Unit Development
Procedure ordinance are amended which necessitate an amended site
development concept plan, the Planning and Zoning Commission shall
review and approve said amended plans and they shall be recorded with
the Jefferson County Recorder of Deeds within sixty (60) days of Planning
and Zoning Commission approval.
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c.
If the Director of Public Works determines that the proposed
amendment to the site development concept plan is not consistent in
purpose and content with the nature of the proposal as originally
advertised for public hearing, or with the preliminary development
plan approved by the Board of Aldermen, the Director of Public Works
shall so report to the applicant and the Planning and Zoning Commission.
The Planning and Zoning Commission shall then review the proposed
site plan amendment and make a final determination.
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The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the Board of Aldermen for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 435.040.
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d.
If the Director of Public Works determines that the proposed
amendment to the site development section plan is not in conflict
with the approved site development concept plan and meets all conditions
of the Planned Unit Development ordinance, the Director of Public
Works may approve said amended plan. Said plan shall be retained on
file by the Director of Public Works.
I.
Appeal To Planning And Zoning Commission Of A Decision By The Director
Of Public Works In Reviewing Development Plans. The petitioner/developer
may appeal to the Planning and Zoning Commission from a decision by
the Director of Public Works, in cases where the Director of Public
Works is authorized to review development plans. The petitioner shall
have a fifteen-day period in which to file a written appeal and plan
with the Planning and Zoning Commission. The written appeal, stating
the reasons for the appeal, shall be submitted to the Director of
Public Works. The Planning and Zoning Commission will make the final
determination of the matter. No exceptions will be granted that are
in violation of the particular ordinance governing the development
plan.
J.
Time Periods For Submission Of Plans And Commencement Of Construction
And Extensions Of Time.
1.
Site Development Concept Plan. The site development concept
plan shall be submitted to the Planning and Zoning Commission for
review within eighteen (18) months after approval of the application
by the Board of Aldermen unless such time is extended by the Planning
and Zoning Commission. One (1) such extension shall be allowed for
a maximum of eighteen (18) months.
2.
Platting. The first plat or phase of development shall be recorded
within two (2) years of approval of the site development concept plans.
All remaining areas of the P.E.U. shall be platted within eight (8)
years of approval of the Planned Development Unit or the Planned Development
Unit shall terminate for those unplatted areas. This eight-year time
period may be extended by the Planning and Zoning Commission. All
record plats or phases shall contain enough common land to support
the lots or area platted.
3.
Commencement Of Construction. Substantial construction shall
commence within one (1) year of recording of each plat. As used in
this Section, substantial construction shall mean final grading for
roadways necessary for first approved plat or phase of construction
and commencement of installation of sanitary and storm sewers.
4.
Appeal Of A Denial Of An Extension Of Time. Upon the denial
by the Planning and Zoning Commission of a request to extend the time
for the filing or recording of a site development concept plan, or
recording of plat, the applicant may file an appeal with the Board
of Aldermen requesting a determination from that body, except in such
instances where the maximum time extensions have been granted.
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A notice of appeal shall be filed within fifteen (15) days of
action by the Planning and Zoning Commission. Notice of appeal to
the Board of Aldermen shall be in writing and shall be filed in duplicate
with the City Clerk of the Board of Aldermen. The applicant shall
have an additional thirty (30) days to file the appeal. The appeal
shall set forth the specific causes why the previously approved time
for the filing or recording of a site development concept plan, or
recording of plat, could not be met, and within what period of time
such requirement can be met.
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Upon receipt of an appeal for a time extension, the Board of
Aldermen shall refer same to the Planning and Zoning Commission for
report therein as to whether or not the facts offered in the appeal
have or have not justified the requested time extension. The Board
of Aldermen on receipt of the Planning and Zoning Commission's report
may affirm, reverse, or modify, in whole or in part, any determination
of the Planning and Zoning Commission or may grant or deny any request
for an extension of time upon which the Planning and Zoning Commission
has taken action. An affirmative vote of five (5) members of the whole
Board of Aldermen shall be required to reverse, modify, or amend any
determination of the Planning and Zoning Commission. A majority vote
of the whole Board of Aldermen shall be sufficient to affirm any determination
of the Planning and Zoning Commission.
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5.
Termination Of Planned Unit Development Or Unplatted Portions Of Developed Planned Environment Units. In the event the site development concept plan is not submitted, the plats are not recorded, or substantial construction has not commenced within the prescribed time limits, the Planned Unit Development shall terminate, and the Planning and Zoning Commission shall initiate a resolution of intent for the purpose of a new public hearing to revert the property to its prior classification or other appropriate Residence District classification in accord with the proceedings specified in Section 435.040. Where rezoning has been granted in conjunction with a Planned Unit Development and said Planned Unit Development has terminated, no building permit shall be issued on that property until completion of action by the Board of Aldermen on a resolution of intent to rezone said property in accord with the provisions of the above noted Section.
K.
Dedications For Public Schools And Public Parks. A Planned Unit Development
may include land designated for dedication for public school or public
park use, which land may be considered part of the gross acreage of
the development in computing the maximum number of lots that may be
created or dwelling units that may be authorized, provided that:
1.
The area of the proposed Planned Unit Development is at least
thirty (30) acres in the case of a public school dedication and sixty
(60) acres in the case of a public park dedication.
2.
No tract of less than five (5) acres is designated for dedication
for public school use, or two (2) acres for public park use. However,
a tract of land less than this minimum may be accepted for dedication
for public school or public park use if it is an addition to an existing
or proposed park or school site respectively.
3.
The proposed school site is compatible with a generalized plan
for school locations published by the school district.
4.
Prior to approval by the Planning and Zoning Commission of a
site development concept plan indicating a public park or public school
site, a written statement shall be received from the Director of Public
Works recommending approval of the proposed park dedication; or a
written notification shall be received from the school district that
the school district has agreed to accept the public school site dedication.
5.
Prior to approval of a site development concept plan, a written
agreement between the petitioner and the school district shall be
submitted to the Planning and Zoning Commission for review. This agreement
shall indicate who is responsible for the installation of required
improvements adjacent to or affecting the school site, and when the
improvements will be installed.
6.
The proposed site is dedicated to public school or public park
use in a manner approved by the City Attorney as to legal form prior
to recording of the site development concept plan.
7.
The site development concept plan identifies the boundaries
of the dedicated tract within the Planned Unit Development.
8.
The deed of dedication for public park or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land. The trust indenture required in Subsection (L) shall provide for the manner in which the common land shall be treated, so that the provisions of Subsection (L) are complied with.
L.
Trust Indentures And Warranty Deeds. In developments where common
areas, which may include open spaces, recreational areas, or other
common grounds, are provided and the acreage of which is included
in the gross acreage for density calculation purposes, a trust indenture
shall be recorded simultaneously with the record plat. The indenture
shall provide for the proper and continuous maintenance and supervision
of said common land by trustees to be selected and to act in accordance
with the terms of such indenture and the common land shall be deeded
to the trustees under said indenture by general warranty deed. The
trust indenture and warranty deed shall comply with the requirements
as herein described.
1.
Submission And Review Procedure. Trust indentures and warranty
deeds shall be submitted to and approved by the City Attorney as to
legal form and compliance with the regulations of this Section.
2.
Provisions Of The Trust Indenture. The following provisions
shall be included in the trust indentures:
a.
Election Of Trustees. The initial board of trustees may be appointed
by the developer. One-third (1/3) of the trustees shall be chosen
by purchasers of developed lots or units after fifty percent (50%)
of the lots or units have been sold; two-thirds (2/3) of the trustees
shall be chosen by purchasers of developed lots or units after ninety-five
percent (95%) of the lots or units have been sold; all of the trustees
shall be chosen by purchasers of developed lots or units after all
of the lots or units have been sold. The trust indenture shall provide
for the method and time of the election of trustees.
b.
Vacancies On The Board Of Trustees. Where the provisions of
a trust indenture cannot be fulfilled by reason of unfilled vacancies
among the trustees, the Board of Aldermen may upon the petition of
any concerned resident or property owner of the subdivision, appoint
one (1) or more trustees to fill vacancies until such time as trustees
are selected in accordance with the trust indenture. Any person so
appointed who is not a resident or property owner within the subdivision
shall be allowed a reasonable fee for his/her services by the order
of appointment, which fee shall be levied as a special assessment
against the property in the subdivision, and which shall not be subject
to any limitations on special assessments contained in the trust indenture
or elsewhere.
c.
Term Of The Indenture And Title To Common Ground. The term of
the indenture shall be for the duration of the subdivision. In the
event the subdivision is vacated, thereafter, fee simple title shall
vest in the then lot or unit owners as joint tenants. The rights of
the joint tenants shall only be exercisable appurtenant to and in
conjunction with their lot or unit ownership. Any conveyance or change
of ownership of any lot or unit shall convey with it ownership in
the common property, and no interest in the common property shall
be conveyed by a lot or unit owner except in conjunction with the
sale of a lot or unit. The sale of any lot or unit shall carry with
it all the incidents of ownership of the common property although
such is not expressly mentioned in the deed; provided, however, that
no right or power conferred upon the trustees shall be abrogated.
d.
Use Of Common Ground. The common areas, including open spaces,
recreational areas, or other common grounds, shall be for the sole
benefit, use, and enjoyment of the lot or unit owners, present and
future, of the entire Planned Unit Development or that the common
areas may also be used by residents outside the Planned Unit Development.
If residents outside the Planned Unit Development are permitted to
use the common areas, the indenture shall contain provisions which
shall provide, in essence, the following:
(1)
No resident of the Planned Unit Development shall
be denied the use of the open space, recreational facilities, or other
common ground for any reason related to the extension of such privilege
to non-residents of the Planned Unit Development;
(2)
All rules and regulations promulgated pursuant
to the indenture with respect to residents of the Planned Unit Development
shall be applied equally to the residents;
(3)
All rules and regulations promulgated pursuant
to the indenture with respect to non-residents of the Planned Unit
Development shall be applied equally to the non-residents;
(4)
At any time after the recording of the indenture,
a majority of the residents of the Planned Unit Development, by election
duly called, may elect to allow or disallow usage of the open space,
recreational facilities or other common grounds by non-residents of
the Planned Unit Development.
e.
Maintenance Of Common Ground. The indenture shall contain provisions
for the maintenance of all common areas and facilities and the means
of collecting assessments necessary for the maintenance thereof.
f.
Maintenance Of Common Walls. In Planned Unit Development developments
containing attached units, the indenture shall contain provisions
for maintenance of common walls.
A.
GOODS
HOME-BASED BUSINESS
HOME-BASED WORK
HOME OCCUPATION
NO-IMPACT HOME-BASED BUSINESS
a.
b.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Definitions.
Any merchandise, equipment, products, supplies or materials.
Any business operated in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
A no-impact home-based business.
Any home-based business or home-based work where:
The total number of employees and clients on-site at one (1)
time does not exceed the occupancy limit for the residential dwelling;
and
The activities of the business:
Are limited to the sale of lawful goods and services;
May involve having more than one (1) client on the property
at one (1) time;
Do not cause a substantial increase in traffic through the residential
area;
Do not violate any parking regulations established by the political
subdivision;
Occur inside the residential dwelling or in the yard of the
residential dwelling;
Are not visible from the street; and
Do not violate any narrowly tailored regulation established
under the definition of "home occupation" in this Section.
B.
Regulations
To Safeguard The Residential Character Of The Dwelling And/Or Surrounding
Neighborhood. To preserve the residential character of the residential
building and protect against adverse effects on the character of the
surrounding neighborhood, a home occupation may operate in a Residential
District, provided the home occupation:
1.
Home occupations shall be operated entirely from an enclosed structure
and shall not occupy more than twenty-five percent (25%) of the total
floor area of the main residential building and in no case more than
five hundred (500) square feet of floor area, with use of the dwelling
for a home occupation being clearly incidental and subordinate to
its use for residential purposes.
4.
Trash. Home occupations must not generate trash or refuse that exceeds
normal residential trash and refuse.
5.
Outdoor Storage. Outdoor storage of equipment, inventory, or other
supplies for the home occupation is prohibited and no commodities
shall be displayed or sold on the outside of the main residential
building.
6.
Disposal Of Solid Waste. Solid waste must not be deposited, stored,
or otherwise maintained on the property.
7.
Parking. All customer parking must be located off of any public street and home occupations must comply with all parking regulations applicable to residential zones including but not limited to Chapter 350, Stopping, Standing or Parking.
8.
Public Health And Safety. Home occupations shall adhere to all City
ordinances and regulations related to the public health and safety
including but not limited to fire and building codes, health and sanitation,
transportation or traffic control, solid or hazardous waste, and pollution.
9.
Compliance With Laws. Home occupations shall comply with State and
Federal laws including paying applicable taxes.
10.
All deliveries related to the home occupation shall be made between
the hours of 7:00 A.M. and 9:00 P.M. Deliveries shall not be made
by a vehicle that exceeds the size and/or weight rating for the street.
C.
Nothing
in this Section shall be deemed to:
1.
Prohibit mail order or telephone sales for home-based work;
2.
Prohibit service by appointment within the home or accessory structure;
3.
Prohibit or require structural modifications to the home or accessory
structure;
4.
Restrict the hours of operation for home-based work; or
5.
Restrict storage or the use of equipment that does not produce effects
outside the home or accessory structure.
D.
Home
occupations do not require a license nor any fee, but within sixty
(60) days of establishing a home occupation, the resident is asked
to supply the City with: (1) a copy of its business's Missouri Tax
ID number and, for home occupations selling goods at retail, a Statement
of No Tax Due in accordance with Missouri Statutes (Section 144.083.2
and 144.083.4, RSMo.), and (2) a written description of the home occupation,
and the number of employees to be working at the home occupation who
are not residents of the home. At the same time, to help ensure the
proposed home occupation complies with the requirements of this Subsection,
the City shall supply the resident with a copy of this Subsection
or a summary of its requirements. Upon receipt of the written description,
the City shall verify for the resident that the home occupation complies
with the foregoing requirements. Any change in the amount of floor
area occupied by the home occupation as detailed in the original description,
number of employees, or the type of home occupation should be followed
by a submission of a revised description and review and approval in
accordance with this Section to assist the resident in continued compliance.
[1]
Editor's Note: Ord. No. 17-2021 only changed the numbering
of this Section from 410.250 to 410.255.
[Ord. No. 37-2009, 11-23-2009]
A.
All
sides of non-residential structure shall receive equal architectural
treatment or be compatible with each other as determined by the Planning
and Zoning Commission. Structures are strongly encouraged to have
architectural features (i.e. reveals, dormers, soldier courses, cornices,
etc.) to add architectural character to the structure. Landscaping
or topographic relief can be used as screening in lieu of providing
masonry as determined by the Planning and Zoning Commission.
B.
The
use of decorative masonry, glass, textured/form lined tilt-up concrete
panels or decorative architecturally enhanced metal wall panels are
required for exterior facing materials for non-residential buildings.
Non-decorative prefabricated metal and non-decorative cinder block
building exteriors are prohibited. A total of thirty percent (30%)
of a wall elevation can be an EIFS material or other material upon
recommendation by the Planning and Zoning Commission and approval
by the Board of Aldermen. Applicant shall provide an exhibit or samples
of the proposed materials.
C.
The
primary color on all buildings shall be earth tone color(s). Non-earth
tone colors may be permitted as accent markings upon review and approval
by the Planning and Zoning Commission.
D.
All
HVAC and mechanical equipment for non-residential structures shall
be screened from public view. Roof- and wall-mounted equipment and
materials shall be screened and made a part of the architecture of
the building and are to be painted to match the building or roof color.
E.
Gasoline
canopies shall be architecturally compatible with the principal structure
on the premises and shall not exceed a height of eighteen (18) feet.
F.
All
retaining walls shall be architecturally compatible with the principal
structure and be constructed of an architectural masonry material.
Wood ties and cinder block materials are prohibited.
G.
All
service doors and/or overhead doors shall have an exterior color which
predominately matches the building color.
H.
Buildings
are encouraged to utilize Leadership in Energy and Environmental Design
(LEED) concepts and principles in their design and construction.
[Ord. No. 37-2009, 11-23-2009]
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.
A property
owner desiring a voluntary annexation into the City shall complete
an annexation petition on forms provided by the City. The petitioner
for annexation shall provide the completed form to the City with their
signature duly notarized and the legal description attached to the
petition for annexation.
C.
Within
sixty (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 one hundred
twenty (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:
D.
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 thirty
(30) days prior to when the Board is scheduled to vote on the annexation,
the Board of Aldermen may cause at least fifteen (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.
E.
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.
F.
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.
G.
Deannexation
of property from the corporate limits of the City of Herculaneum is
permitted at the discretion of the Governing Body and as provided
for under Chapter 71 of the Revised Statutes of Missouri and any other
applicable provisions.
