[Ord. No. 918 §2, 5-1-2008]
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 (6) 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 one-half (½) 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.
7.
No accessory building shall be constructed upon a lot until the main
building has actually became commenced.
8.
No accessory building shall be used unless the main building on a
lot is completed and in use.
[Ord. No. 918 §2, 5-1-2008]
A.
Adult-oriented
businesses, including businesses limited to twenty-five percent (25%)
of the general sales area, shall be limited to the following:
[1]
Editor's Note: Former Section 405.310, Animals, which derived
from Ord. No. 918, was repealed 12-13-2021, by Ord. No. 1388.
[Ord. No. 918 §2, 5-1-2008]
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 voluntary 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 New Haven is
permitted at the discretion of the Governing Body and as provided
for under Chapter 71, RSMo., and any other applicable provisions.
[Ord. No. 918 §2, 5-1-2008]
Every building hereafter erected, moved or structurally altered
shall be located on a lot and in no case shall there be more than
one (1) principal building and its customary accessory buildings on
any lot, except in the case of a specially designed complex of institutional,
residential, commercial or industrial buildings in an appropriate
zoning district. The development plan for a school campus, cluster
housing, shopping center or industrial park shall be approved by the
Planning and Zoning Commission before the building permit(s) are issued.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 1051 §3, 3-11-2013]
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 (1) year. The City Board of Aldermen
may extend the period where a need can be demonstrated.
C.
Temporary Mobile Concession. For purposes of this Section,
a "mobile concession unit" is defined as a fully
enclosed, self-contained mobile concession unit or mobile food service
facility, either motorized or on a pull-behind trailer, used for purposes
of individual food, beverage and retail sales. A hand-propelled mobile
pushcart or vending cart shall be considered a mobile concession facility.
1.
Permit required. No mobile concession facility shall
be located in any zoning district for more than three (3) consecutive
days without the operator first having obtained a zoning permit from
the City of New Haven, except as hereinafter provided. The Planning
Commission shall be responsible for the review of all permit applications
under this Section. The permit application must conform to the zoning
permit guidelines as provided for elsewhere in this Chapter. The fee
shall be as provided for by ordinance.
2.
Permit exemptions.
a.
A zoning permit shall not be required for a mobile concession unit
located on private property in "C" and "I" Districts for no more than
three (3) consecutive days.
b.
A zoning permit shall not be required for a mobile concession unit
that is operated by a not-for-profit organization.
c.
Pursuant to Section 71.630, RSMo., no permit or license fee shall
be required for any farmer, or producer or producers, for the sale
of produce raised by him, her or them, when sold from his, her or
their wagon, cart or vehicle, or from any person or persons in the
employ of such farmer or producer.
3.
Public property. No mobile concession unit shall
be permitted on public rights-of-way or on property owned by the City
of New Haven. This provision shall not apply to not-for-profit organizations
operating a mobile concession as part of a permitted fair, festival
or similar community event.
4.
Provisions applying to all mobile concession units. Any mobile concession unit or farm produce wagon, cart, vehicle
or produce stand permitted by this Section shall be set back at least
fifteen (15) feet from the public rights-of-way to permit adequate
ingress, egress and parking.
a.
Signage. All signage shall be confined and/or attached
to the mobile concession unit.
b.
No mobile food concession may be located fifty (50) feet of a permanent
food service operation, without written permission of the permanent
food service operator.
c.
Nothing in this Section shall be construed as waiving or substituting
for the operator's responsibility to comply with all applicable food
or business licensing requirements or regulations as provided for
by local, County, State or Federal authorities and law.
d.
Notwithstanding other provisions of this Section, the City may require
such safeguards and conditions as necessary to protect the safety
of the occupants and the public.
[Ord. No. 918 §2, 5-1-2008]
Any organization or person planning to offer day care for five
(5) 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 (4) unrelated children for care.
[Ord. No. 918 §2, 5-1-2008]
A.
Communication
towers, except towers owned or operated by the City of New Haven,
shall not be permitted unless approved by a special use permit.
B.
No
two (2) towers, except towers owned or operated by the City of New
Haven, shall be located within a one thousand (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 sightproof 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.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 961 §6, 3-8-2010]
On a corner in any residential district, nothing shall be erected,
placed, planted or allowed to grow in such a manner as materially
to impede vision between a height of three (3) and ten (10) feet above
the centerline grades of the intersecting streets in the area bounded
by the street lines of such corner lots and a line joining points
along said street lines fifty (50) feet from the point of intersection.
[Ord. No. 918 §2, 5-1-2008]
A.
Every
modular home installed or located within the City of after the effective
date of this Chapter shall comply with the following standards and
requirements:
1.
The modular home modules must be partially or entirely manufactured
in a factory.
2.
The finished home dimensions must be not less than twenty-four (24)
feet in width and thirty-six (36) feet in length, excluding porches.
3.
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 twelve (12) inches above the
finished grade. The foundation shall be similar in appearance and
durability to a masonry foundation of a site-built dwelling.
4.
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.
5.
The finished home must have a pitched roof with a pitch of at least
a four in twelve (4:12). The roof must be covered with shingles, shakes
or tile. Eaves of the roof must extend at least ten (10) inches from
the intersection of the roof and the exterior walls.
6.
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.
7.
The main entrance to the finished home must face or be oriented toward
an adjacent street.
8.
Any transportation mechanisms must be removed.
9.
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.
10.
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.
[Ord. No. 918 §2, 5-1-2008]
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 (3) 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 twenty (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, vinyl or wood
fence material.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §4, 1-11-2010; Ord. No. 1051 §4, 3-11-2013]
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 New Haven. The fee shall be as established
by ordinance. An application for a permit shall be filed on forms
supplied by the City and shall include a description of the type and
size of fence proposed and its proposed location on the lot.
2.
No fence, wall, shrub or hedge shall be constructed or altered to
exceed six (6) 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 put upon any
fence or wall within the City any indecent, obscene, immoral or grossly
written words or painted 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" General Agricultural District or for a low-voltage
pet containment system.
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
non-conforming 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 (6) 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" General Agricultural District. Electrified and barbed wire fences shall be permitted in the "A-1"
General 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 cloth or any other similar material
shall not be permitted as fencing in residential zoning districts.
2.
Residential fences shall not exceed six (6) 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 ten (10) feet from the property line and
shall not extend into the sight distance area as defined in this Chapter.
5.
On a through lot, a fence is permitted to extend to and along the
property line opposite the front of the structure. No fence shall
be permitted to extend beyond the building line at the front of the
structure or any property line.
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.
No fence shall be erected within six (6) feet of an existing dwelling
on an adjacent lot.
9.
Temporary fences may be erected in conjunction with "display homes"
in subdivisions so long as the fences are removed within thirty (30)
days following the sale or transfer of ownership of the display.
10.
Ornamental dividers, plastic chains, posts or like materials erected
along driveways or sidewalks shall not be considered a fence.
11.
Fences shall be erected around swimming pools according to the adopted
Building Codes of the City of New Haven.
12.
There shall be no fences consisting of one (1) or more strand wires
constructed in residential zoning districts.
13.
Fence materials.
[Ord. No. 1214, 9-11-2017]
a.
Fences which are five (5) feet or less in height may be constructed
of wood, masonry, vinyl or chain-link materials.
b.
Fences which are greater than five (5) feet in height shall be constructed
of wood, masonry or vinyl materials.
|
Decorative fences and other fences of an ornamental purpose,
such as picket fences, wrought iron fences, split rail fences and
the like, provided that such fences do not exceed thirty-six (36)
inches in height, shall not be considered a fence.
|
14.
Chainlink may be used if approved by the Planning and Zoning Commission
after substantial evidence has been provided indicating that other
materials are not practical and that such fencing will not create
an aesthetic problem.
D.
Fence Regulations For All "C" (Commercial) And "I" (Industrial) Districts.
1.
Fences higher than six (6) 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 (7) 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, vinyl
or wood.
6.
Fences constructed of chainlink that are located within industrial
zoning districts shall be coated with vinyl.
7.
All other general provisions previously stated shall apply.
E.
Fence Permit In All "R-3", "C" (Commercial) And "I" (Industrial)
Districts.
1.
For all fences installed within an "R-3" Multi-Family Residential
District, "C" or "I" District, shall be approved by the Administrative
Officer prior to installation of the fence.
F.
Fence Height.
1.
In "R-1a", "R-1b", "R-1c" "R-2" and "R-3" zoning districts, solid
fences not in excess of six (6) feet in height may be built on the
boundaries of that portion of any lot which comprises the "rear yard"
of such lot as defined by this Chapter, provided no such fence may
be erected within six (6) feet of an existing dwelling on an adjoining
lot.
[Ord. No. 918 §2, 5-1-2008]
The City of New Haven City Code, Chapter 415: Floodplain Management ordinance contains provisions related to floodplain areas. The ordinance may be amended as necessary to comply with applicable State and Federal rules and regulations.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 933 §1, 11-10-2008; Ord. No. 1020 §1, 12-12-2011; Ord. No. 1437, 5-8-2023]
A.
Definition.
A "home occupation" is any occupation or activity which is clearly
incidental and secondary to the use of the premises for dwelling purposes
and which is carried on wholly within a main building by a member
of a family residing on the premises, in connection with which there
is no advertising and no other display or storage of materials or
exterior identification of the home occupation or variation from the
residential character of the main building or accessory building;
and in connection with which no person outside the family is employed
and no equipment used which creates offensive noise, vibration, smoke,
dust, odor, heat or glare.
B.
Purpose
Of Regulation. The purpose of these regulations is to:
1.
Ensure compatibility of home occupations with all uses permitted
in "R" Districts.
2.
Promote the health, safety and general welfare of residential neighborhoods
by preventing excessive noise, traffic, nuisances, fire hazards and
other adverse effects of unregulated home occupations.
3.
Establish standards for home occupations in residential units.
C.
Use Requirements And Limitations. A home occupation that conforms to the requirements of this Section shall be a permitted use in all zoning districts. This authorization shall not be construed as exemption from the business license requirements of Chapter 605 of the Municipal Code of the City of New Haven, from the residential occupancy requirements of Article XI of this Chapter, or as exemption or waiver of any other applicable requirement of the Municipal Code.
No home occupation shall be allowed where a likelihood exists
that it will negatively impact, interfere or conflict with the character,
peace, good order and safety of the neighborhood in which it is located.
In addition to any other use limitations applicable to the district
in which the home occupation is located, no home occupation shall
be permitted unless it complies with the following provisions:
1.
Only one (1) home occupation shall be permitted per residence.
2.
Home occupations shall comply with all local, County, State and Federal
regulations and the requirements of this Section shall not be construed
as an exemption from such regulations.
3.
A home occupation shall be conducted only by persons lawfully residing
within the residence.
4.
The home occupation shall be clearly incidental and secondary to
the principal use of the residence.
5.
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.
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 off-street parking required in the district in
which it is located.
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.
No commercial vehicle, as defined by this Chapter, shall be used
in connection with a home occupation, or parked on the property.
10.
No home occupation shall cause an increase in the use of any one
(1) 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.
11.
No more than twenty-five percent (25%) of the total combined enclosed
floor area of a dwelling unit, including finished or unfinished basement
or attic spaces, may be used for home occupations.
12.
There shall be no goods, materials or commodities displayed for sale
on the outside of the premises.
13.
The mechanical equipment used for the home occupation is of a size
and type that is similar to domestic mechanical equipment or is customarily
found in a business office.
14.
Yard sales, garage sales, and home shopping parties may be considered
a home occupation if no more than one (1) event is held during a month
at a given residence.
15.
Babysitting of no more than four (4) unrelated children may be considered
a home occupation.
D.
Non-Compliance
Of Home Occupations. Any home occupation not in compliance with the
restrictions and criteria herein specified shall either be discontinued,
relocated to an appropriate district, or shall be subject to the special
use permit requirements as set out in the City of New Haven Zoning
Code. Any home occupation which continues in violation of this Section
shall be subject to the penalties as provided for in the Zoning Code.
[Ord. No. 918 §2, 5-1-2008]
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,
gas meters 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 twenty-four (24) inches above the established
street grade shall be erected, planted or maintained within the sight
distance as an established area extending thirty (30) feet from the
point of intersection of the two (2) 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 multi-family zoning districts, "R-3", 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 (6) 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 (6) 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 (8) 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 (6) feet
in height.
b.
Where off-street parking spaces are provided, a minimum of ten (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
(4) 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 sightproof fence
or hedge of not less than six (6) 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 (4) foot 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 five percent (5%) of the total area of the off-street
parking facility excluding the four (4) 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 herein. Upon installation
of the landscape materials, the escrow shall be released by the City.
[Ord. No. 918 §2, 5-1-2008]
A.
When
the recorded owner of two (2) or more contiguous lots desires to consolidate
lots, the owner shall indicate the proposed consolidation in writing
to the Administrative Officer and pay the applicable fee upon filing.
No amended record plats are needed as long as the external boundary
in question shall be used as one (1) lot. However, an exhibit including
the following information shall be provided:
B.
The
letter requesting consolidation and the exhibit shall be approved
by the City of New Haven and recorded with the Franklin County Recorder
of Deeds. A recorded copy of the letter and exhibit shall be returned
to the City.
[Ord. No. 918 §2, 5-1-2008]
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.
[Ord. No. 918 §2, 5-1-2008]
Where a lot of record as of June 13, 1977 has less area or width
than herein required in the district in which it is located, the owner
of such lot does not own any other parcel adjacent thereto, said lot
may nevertheless by used for a single-family dwelling provided that
residential uses are a permitted use in the district.
[Ord. No. 918 §2, 5-1-2008]
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. The developer of a residential project shall
be required to set aside open space for the use and benefit of the
residential property owners. Such open space shall be a location(s)
reasonably accessible to the property owners and in an amount of at
least five percent (5%) of the total project area (exclusive of stormwater
facilities) as determined by the Planning and Zoning Commission.
B.
Application. The provisions of this Chapter shall apply
to all residential, commercial or industrial developments within the
corporate limits of New Haven, 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.
[Ord. No. 918 §2, 5-1-2008]
(See "Chapter 410: Land Subdivision Regulations".)
[Ord. No. 918 §2, 5-1-2008]
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:
3.
Minor (local), dead-end and cul-de-sac streets (right-of-way —
fifty (50) feet).
a.
A sidewalk shall be required on one (1) side of all primary subdivision
roadways. A "primary subdivision roadway" shall be
defined as any entrance/exit roadway or connection thereto to its
termination or connection with any secondary entrance/exit of the
subdivision.
b.
A minimum of a four (4) foot wide sidewalk with appropriate easement
shall be provided to facilitate access and connection to community
facilities, adjacent subdivisions and to the bicycle path network
within the community.
4.
Sidewalks for pedestrian/bikeway movement shall be a minimum of six
(6) feet in width. Property easements for such purpose shall be a
minimum of ten (10) feet. The Planning and Zoning Commission shall
require additional easements where necessary.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §5, 1-11-2010; Ord. No. 1051 §5, 3-11-2013]
A.
In
planning and developing a lot or tract, the developer shall comply
with the general principles of design and minimum requirements for
the layout of a site concerning required improvements and in every
case shall pursue the following procedures.
B.
Pre-Application Proceedings. Not less than forty-five (45)
days prior to the preparation of the site plan, the developer 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 developed and present a concept plan for consideration.
C.
Process Of Submission Site Plan.
1.
The developer, after the advisory meeting, may then initiate a request
for formal review of the site plan. The developer shall submit said
plan and pay the applicable fee in accordance with the established
scheduled meeting of the Planning and Zoning Commission at which action
is desired. After review of plan by Administrative Officer and subsequent
notification of deficiencies/problems, developer/owner shall resubmit
corrected plan not less than seven (7) working days prior to the Planning
and Zoning Commission meeting. Resubmitted plans containing more than
six (6) deficiencies shall not be submitted to the Planning and Zoning
Commission for review.
2.
All 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 and Board of Aldermen reviews. The prints shall
be black or blue line with all copies in the format desired by the
City.
4.
Site plans submitted for the initial review without substantial information
or submitted for the final formal review that omit more than six (6)
items as required under herein shall be required to resubmit the plan
with the appropriate fee.
5.
All plans shall be acted on by the Planning and Zoning Commission
within sixty (60) days of plan submittal to the City. The Planning
and Zoning Commission shall make a recommendation on the site plan.
The Board of Aldermen shall be the final approving authority.
6.
A traffic impact 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 Site Plan.
1.
The site plan shall be drawn to scale of not greater than one hundred
(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.
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 plan including perimeter utility
easement.
g.
Lot dimensions.
(1)
Square footage and lot width.
(a)
Indicate approximate square footage of the 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)
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.
(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 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 (2) foot intervals
and one (1) foot intervals for proposed.
(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.
(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 (6) 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.
n.
Where deed or subdivision documents contain covenants, architectural
standards and/or other restrictions and conditions, a copy of such
documents shall be included with the site plan submission. The Administrative
Officer shall serve written notice of the application for site plan
review to the respective property owner(s), subdivision association
or other similar party having interest in the property.
2.
Upon approval of the site plan, five (5) copies of the revised plan
incorporating appropriate contingencies shall be submitted to the
City of New Haven prior to issuance of a building permit, but in no
case later than one hundred twenty (120) days following approval.
Digital media shall also be provided. Failure to provide said revised
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 twelve (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-1a", "R-1b" And "R-1c" 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 New Haven.
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)
All 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 (2nd) 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 (24) inch by thirty
(30) inch (minimum size) sheet of paper at a scale no smaller than
twenty (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 eight and one-half (8½) inches
by eleven (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 Administrative Officer.
4.
Criteria.
a.
Architecture.
(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.
Public Improvements Installed Or Guaranteed In All Zoning Districts
Except "R-1a", "R-1b" And "R-1c" Single-Family Residence District. Site plan public 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 public 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 New
Haven. Four (4) originals shall be provided to the City.
b.
Agreements shall be approved by the City Attorney.
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 New Haven 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 New Haven, 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 New
Haven.
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,
twenty percent (20%) of the total monies estimated for said improvements
shall be retained for a period of two (2) 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 (2) year period any of the improvements escrowed for deemed
by the City Engineer to fail the construction guarantee, the ten percent
(10%) retention shall be used for reconstruction, repair or modification
of the improvements as may be required. After the period of two (2)
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 one (1) 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 New Haven.
4.
In the event that the improvements which are to be dedicated to the
City are not satisfactorily installed and dedicated within two (2)
years after the approval of the improvement plans, the City of New
Haven 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.
G.
A site
plan review shall be required for developments in all Commercial "C",
Industrial "I" and Multi-Family "R-3" Zoning Districts and for non-residential
developments in "R" Zoning Districts.
1.
Site Plan review, "I" Zoning Districts. The Planning and Zoning
Commission may modify, amend or waive the following requirements of
this Chapter for developments in all "I" zoning districts:
[Ord. No. 1161 § 3, 8-8-2016]
[Ord. No. 1430, 3-13-2023]
A.
Purpose
And Intent.
1.
Solar energy is a renewable energy resource that can reduce a municipality's
energy load. Energy generated from solar energy systems can be used
to offset energy demand on the grid where excess solar power is generated.
2.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is an element of community and
environmental sustainability that the City of New Haven wishes to
recognize.
3.
This Section aims to promote the accommodation of solar energy systems
and equipment and the provision for adequate sunlight and convenience
of access necessary therefor.
B.
ACCESSORY STRUCTURE
ALTERNATIVE ENERGY SYSTEMS
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
COLLECTIVE SOLAR
EXPEDITED REVIEW
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
NET METERING
PERMIT GRANTING AUTHORITY
PHOTOVOLTAIC (PV) SYSTEMS
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SMALL-SCALE SOLAR
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY EQUIPMENT/SYSTEM
SOLAR PANEL
SOLAR STORAGE BATTERY
SOLAR-THERMAL SYSTEMS
Definitions.
As used in this Section, the following terms shall have the meanings
indicated:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
and is located on the same lot or premises as the principal building.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade,
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
The grant of a priority status to an application that results
in the review of the application ahead of applications filed prior
thereto, including applications which may be currently under review
by the applicable agency.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
The City of New Haven authority charged with granting permits
for the operation of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," that generate
electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers or who are certified
as a solar installer by the North American Board of Certified Energy
Practitioners (NABCEP) shall be deemed to be qualified solar installers
for the purposes of this definition. Persons who are not on the list
of eligible installers or NABCEP's list of certified installers may
be deemed to be qualified solar installers if the City determines
such persons have had adequate training to determine the degree and
extent of the hazard and the personal protective equipment and job
planning necessary to perform the installation safely. Such training
shall include the proper use of special precautionary techniques and
personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
For purposes of this Chapter, the term "small-scale solar"
refers to solar photovoltaic systems that produce up to ten (10) kilowatts
(kW) per hour of energy or solar-thermal systems which serve the building
to which they are attached and do not provide energy for any other
buildings.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun, so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to Missouri law, the purpose
of which is to secure the right to receive sunlight across real property
of another for continued access to sunlight necessary to operate a
solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic
and concentrated solar.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
C.
Applicability.
1.
The requirements of this Section shall apply to all small-scale solar
energy systems (residential, commercial, multi-family and condominium)
modified or installed after the effective date of this Chapter.
2.
Solar energy systems for which a valid permit has been properly issued or for which installation has commenced prior to the effective date of this Article shall not be required to meet the requirements of this Section except in accordance with Subsection (E)(5), (6), and (7).
3.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
4.
Solar energy collectors shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants
of the premises on which they are erected, but nothing contained in
this provision shall be construed to prohibit "collective solar" installations
or the sale of excess power through a "net billing" or "net metering"
arrangement in accordance with State or Federal Statute.
D.
Permitting.
1.
No small-scale solar energy system or device shall be installed or
operated in the City except in compliance with this Article.
2.
To the extent practicable, and in accordance with the New Haven Municipal
Code, the accommodation of solar energy systems and equipment and
the protection of access to sunlight for such equipment shall be encouraged
in the application of the various review and approval provisions of
the New Haven Municipal Code.
3.
Rooftop And Building-Mounted Solar Collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the City,
subject to the following conditions:
4.
Building-Integrated Photovoltaic (BIPV) Systems. BIPV systems are
permitted outright in all zoning districts.
5.
Ground-Mounted And Freestanding Solar Collectors. Ground-mounted
and freestanding solar collectors are not permitted as accessory structures
in all zoning districts of the City.
6.
Solar-Thermal Systems. Solar-thermal systems are permitted in all
zoning districts. Building permits are required for the installation
of all solar-thermal systems.
E.
Safety.
1.
All solar collector installations must be performed by a qualified
solar installer as defined in Section 400.505(B) above.
2.
Prior to operation, electrical connections must be inspected by a
New Haven Building Inspector and by an appropriate electrical inspection
person or agency, as determined by the City.
3.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
4.
Solar energy systems shall be maintained in good working order.
5.
If a solar collector ceases to perform its originally intended function
for more than twelve (12) consecutive months, the property owner shall
remove the collector, mount and associated equipment by no later than
ninety (90) days after the end of the twelve-month period.
F.
Responsibility
Regarding Other Properties.
1.
Nothing in this Section or elsewhere in this Chapter shall mean that
the City assumes any responsibility for actions on the part of adjoining
property owners such as building construction or addition, planting
of trees, signage installations, or other such activities legally
permitted by right or special use permit under this Chapter or other
provisions of the New Haven Municipal Code that may impact the performance
of any solar installation allowed by right or by permit under this
Section.
2.
Any property owner installing solar energy equipment may acquire
a solar (property) easement from one (1) or more adjoining property
owners to provide protection for sunlight access from such activities
as noted above; however, the City assumes no responsibility for the
extent to which any such easement might affect use of the adjoining
property under provisions of this Chapter or other provisions of the
New Haven Municipal Code.
[Ord. No. 918 §2, 5-1-2008]
Before a street name can be assigned or used, the City must
provide written approval of the street name. The developer must submit
said written approval prior to the Planning and Zoning Commission's
review of the site plan and/or preliminary plat.
[Ord. No. 918 §2, 5-1-2008]
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 ten (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.
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.
3.
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 New Haven.
[Ord. No. 918 §2, 5-1-2008]
A.
To
vacate a street right-of-way, person (s) must follow the procedures
outlined below:
1.
Persons requesting to vacate a street right-of-way must make a formal
written request to the City. Such request(s) 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. Location map to be three (3) by three (3) inches
on mylar material.
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 ten (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 a newspaper of general circulation 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 Franklin County Recorder's and Assessor's office
with the appropriate document.
[Ord. No. 918 §2, 5-1-2008]
In the event of destruction of an existing single-family residence
by an act of God, it shall be permitted to have a mobile and/or manufactured
home and still permit safe reconstruction of the single-family dwelling.
Such a mobile and/or manufactured home shall not be required to conform
to the site, placement, width, setback or "consistency with neighborhood
appearance" requirements of this Article, but shall be permitted only
so long as good faith efforts are underway to complete reconstruction
of the original dwelling, not to exceed twelve (12) months, at which
time the mobile and/or manufactured home shall be removed.
[Ord. No. 918 §2, 5-1-2008]
Automobile vehicles or trailers of any kind or type without
current license plates shall not be parked or stored on any property
other than in completely enclosed buildings, except on the lots of
properly licensed public garages, filling stations or service stations.
[Ord. No. 918 §2, 5-1-2008]
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 (6) 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.
[Ord. No. 918 §2, 5-1-2008]
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 twenty percent (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 (2) feet beyond
any building line.
C.
Exterior Stairways And Fire Escapes. Outside stairways,
smokeproof tower balconies, fire escapes or other required elements
of a means of egress shall not project more than four (4) feet beyond
the face of the wall.
[Ord. No. 1286, 7-8-2019; Ord.
No. 1428, 3-13-2023]
A.
The
purpose of this Division is to regulate the placement and licensing
of facilities for the dispensing, selling, cultivating, manufacturing,
storing, and testing of marijuana and marijuana-infused products,
to the extent permitted by the Missouri Constitution, applicable statutes
enacted by the General Assembly, and regulations promulgated by the
Missouri Department of Health and Senior Services, and to protect
the health, safety, and welfare of the residents, businesses, and
property owners in the City.
1.
No marijuana related use, activity or facility shall emit an odor
or in any way cause a public nuisance per Section 210.670(1)(e) of
this Code. Appropriate ventilation systems to prevent any odor of
marijuana or fumes from leaving the premises or other changes to the
facilities can be required if a public nuisance violation occurs.
2.
No more than a total of six (6) marijuana facilities will be allowed
within the City limits.
3.
Each marijuana facility shall be located on properties that meet
the following distance requirements:
a.
No marijuana-related uses shall be operated or maintained within
one thousand (1,000) feet of any school, child day care center or
church.
b.
No marijuana related uses shall be operated or maintained within
one thousand (1,000) feet of another marijuana-related use except
when marijuana sales represents less than five percent (5%) of the
dollar volume of business in a State or Federally licensed pharmacy.
Marijuana-related uses under the same ownership and on the same property
are exempt from this requirement.
c.
The distances described in this Section shall be computed by measurement
from the front door any building on land used for the above purposes
to the front door portion of the building housing the marijuana facility,
using a walking path that goes on paved City streets or City sidewalks.
4.
No marijuana or marijuana-infused product shall be displayed so as
to be visible through glass, windows, or doors by a person of normal
visual acuity standing at the outside perimeter of a facility.
5.
Paraphernalia as defined in Section 215.610, excluding (1)f of the
Revised Statutes of Missouri, as may be amended, may be lawfully sold
at a microbusiness dispensary facility.
6.
The sale or consumption of alcohol within a facility is prohibited.
7.
No person under the age of eighteen (18) shall be allowed in any
portion of a marijuana facility. The entrance to a facility shall
be clearly and legibly posted with notice indicating that persons
under the age of eighteen (18) are precluded from entering the premises.
8.
Each facility shall at all times possess a current City business
license. By obtaining a City business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current City business license.
9.
No marijuana facility shall be operated within the City without a
valid license issued by the Missouri Department of Health and Senior
Services.
10.
Application Review Process.
a.
Site Review Permit. This preliminary permit reviews the proposed
marijuana-related use for compliance with the City's zoning and location
standards prior to issuance of State license. Site review approval
shall expire, and be of no effect, one (1) year after the date of
issuance thereof. Site review and approval shall be conducted administratively.
b.
Business License. Once State licensing has been received, the business
license shall include all relevant State approvals and approved operating
plans and security plans.
[Ord. No. 1401, 5-9-2022]
A.
The
regulation of temporary storage units/shipping containers shall be
controlled and shall conform to the regulations prescribed in this
Section and shall meet the specification as required in each zoning
district.
1.
Storage/shipping container means a unit originally or specifically
designed or used to sort goods or merchandise during shipping or hauling
by container ships, rail, or other of transportation.
2.
For purposes of this Section, cargo containers, railroad cars, van
trucks, converted mobile homes, trailers, recreational vehicles, bus
bodies, vehicles, and similar prefabricated items and structures originally
built for purposes other than the storage of goods and materials,
are not accessory storage buildings.
3.
At no time shall any temporary storage/shipping containers be placed
as a permanent use in any district which is zoned residential district.
4.
Temporary Use. Storage/shipping containers shall be allowed as a
temporary use within the City. Temporary uses shall be allowed in
the following instances:
a.
At a construction site for the duration of the project, with the
containers to be removed within ninety (90) days of the completion
of the project.
b.
At a natural disaster recovery or clean-up project; suggested natural
disaster recovery needs a special use permit with a maximum number
of days to clean up.
c.
For short-term storage of foods of business enterprises located within
a district zoned for business, light industrial or heavy industrial
(for example: holiday season for storage); require a permit, limit
the number of containers, they should try to keep them from being
seen from Highway 100.
d.
Permit approval must be completed prior to placement of a container.
e.
All temporary containers must meet the established setbacks for the
district.
f.
No vertical stacking and/or stacking of material on top of the storage
container is allowed.
g.
Storage/shipping containers/roll-off waste receptacles shall be allowed
as a temporary use within the City in a residential zone for a period
to be determined on a case-by-case situation. Such shall only be for
the use of persons utilizing the units as PODS, (Portable on Demand
Storage) for moving and/or temporary storage. A temporary permit application
will be required for the container to be used for a time period to
be determined on a case-by-case situation. When using as a moving
and/or temporary storage container. At no time shall any container
be placed as a permanent use within any residential zoned district.
Only one (1) storage container may be placed at any residential property
at a time.
5.
Permanent Use. No storage/shipping containers shall be allowed as
a permanent use within any district which is zoned Residential, Commercial
and Light Industrial zoning district.
6.
Any storage/shipping containers in the downtown New Haven area which
were placed upon property in the City prior to May 1, 2022, shall
be allowed to continue in such district, but such containers shall
be painted an earth tone or a color of siding material compatible
with the surrounding environment or adjacent structures and that such
painting or siding shall be completed within ninety (90) days of the
passage of this Section (5-9-2022). That such storage/shipping container
on this described property cannot be replaced with another container
in the future, nor can another container be placed on this property.
7.
Failure of the property owner to abide by the regulations set forth
will be punishable by a fine of ten dollars ($10.00) per day, for
which the container is allowed to be located on the specific property.
A separate offense shall be deemed committed on each day the violation
is allowed to exist.
