Article IV District Regulations

Section 400.080 "R-1" Single-Family Residential District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of those areas of the City whose principal use is and ought to be low-density single-family dwellings. The regulations of this District are designed to create and preserve a predominately urban character as evidenced by lot sizes, and street and drainage requirements. In addition to the dwelling permitted in this District, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this District.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply:

Lot Area.

Single-family dwellings shall be located on lots with a minimum area of ten thousand (10,000) square feet.

For uses other than dwellings, the lot area shall be adequate to provide the yard area required by this District and the off-street parking required by Article XII.

Where a use is not connected to a public sewer, the lot area shall be increased to the area determined as adequate by the City Engineer to meet current health standards.

Lot Width And Depth. The minimum lot width shall be eighty (80) feet at the building line, and the minimum lot depth shall be one hundred (100) feet.

Where a lot fronts a cul-de-sac a thirty-five (35) foot width at the street right-of-way line is required.

Lot Coverage. The maximum lot coverage shall not exceed thirty-five percent (35%).

Yard Requirements.

Front Yard. Not less than twenty-five (25) feet.

Side Yards. Not less than six (6) feet on each side of the dwelling.

Rear Yard. Not less than twenty-five (25) feet.

Height Requirements.

For Buildings And Structures. No building or structure shall exceed a height of two and one-half (2 1/2) stories, or thirty-five (35) feet.

For Accessory Buildings. No detached accessory building shall be higher than twenty-five (25) feet, nor higher than the main building. (See Article VI, Supplementary District Regulations, for additional regulations for accessory buildings.)

Off-Street Parking. Two (2) off-street parking spaces shall be provided for each single-family dwelling (See Article XII for additional parking requirements.).

Landscaping Regulations. See Chapter 402 of this Code.

Section 400.085 "R-1A" Single-Family Suburban Residential District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of those areas of the City whose principal use is and ought to be low-density single-family residences on large-sized lots. These Regulations are designed to preserve the open suburban character of areas outlying the center of the City. In addition to the dwelling permitted in this District, there are certain recreational and public uses conditionally allowed and strictly regulated to ensure harmony with the principal use of this District.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply:

Lot Area.

Single-family dwellings shall provide a minimum lot area of twenty-two thousand (22,000) square feet.

For uses other than dwellings, the lot area shall be adequate to provide the yard areas required by this District and off-street parking as required by Article XII.

Where a use is not connected to a public sewer, the lot shall be increased to the area as determined as adequate by the City Engineer to meet current health standards.

Lot Width And Depth. The minimum lot width shall be one hundred ten (110) feet at the building line, and the minimum lot depth shall be one hundred eighty (180) feet.

Lot Coverage. The maximum lot coverage by buildings or structures shall not exceed twenty-five percent (25%) of the lot area.

Yard Requirements.

Front Yard. Not less than forty (40) feet.

Side Yard. Not less than twelve (12) feet.

Rear Yard. Not less than forty (40) feet.

Height.

For Buildings And Structures. No building or structure shall exceed a height of two and one-half (2 1/2) stories, or thirty-five (35) feet.

For Detached Accessory Buildings. No detached accessory building shall exceed a height of twenty-five (25) feet, nor higher than the main building. (See Article VI for additional regulations for accessory buildings).

Off-Street Parking. Two (2) off-street parking spaces shall be provided for each single-family dwelling (See Article XII for additional parking requirements).

Landscaping Regulations. See Chapter 402 of this Code.

Section 400.095 "R-2" Two-Family Residential District.

[Ord. No. 7042, 8-24-2023]

Purpose. This zoning district is intended for areas of the City which are suitable for two (2) families living independently of each other in a single building (two-family dwelling). This zoning district is intended to be utilized in:

Areas of the City that consist primarily of single-family detached homes that would not be negatively impacted by the two-family dwellings;

Areas of the City that consist primarily of town houses and villas; and

Areas of the City that consist of a mix of single-family detached homes, town houses and villas. The two-family dwelling shall be designed in accordance with one (1) of the following:

The two-family dwelling is located on a single platted lot of record that does not provide for the sale of the individual dwelling units. The individual dwelling units may be located side-by-side or with one (1) dwelling unit located above the other dwelling unit.

The two-family dwelling is located on two (2) separately platted lots of record and the interior side lot line (party lot line) runs coincident with the common firewall separating the side-by-side units.

The two-family dwelling is located on a single platted lot of record and:

(1)

The individual dwelling units share a common firewall separating the side-by-side units;

(2)

The individual dwelling units are sold as condominium or town house/villa units; and

(3)

The remainder of the lot is set aside as common elements or common ground.

Permitted Uses. The listing of permitted uses is established in Appendix A of Title IV.

Conditional Uses. The listing of conditional uses is established in Appendix A of Title IV.

Regulations And Performance Standards. The following regulations shall apply:

Single-Family Detached. The regulations for the "R-1" Single-Family Residential District established per Section 400.080 of the Zoning Code shall apply.

Two-Family Dwelling (Located On A Single Platted Lot Of Record That Does Not Provide For The Sale Of The Individual Dwelling Units). The regulations for the "R-1" Single-Family Residential District established per Section 400.080 of the Zoning Code shall apply except for the following:

Maximum Lot Coverage. The maximum lot coverage shall not exceed forty-five percent (45%).

Rear Yard. Not less than fifteen (15) feet.

Two-Family Dwelling [Located On Two (2) Separately Platted Lots Of Record And The Interior Side Lot Line Runs Coincident With The Common Firewall Separating The Side-By-Side Units]. The regulations for the "R-1" Single-Family Residential District established per Section 400.080 of the Zoning Code shall apply, except for the following:

Minimum Lot Area. Five thousand (5,000) square feet.

Minimum Lot Width (Measured At The Building Line). Forty (40) feet.

Maximum Lot Coverage. The maximum lot coverage shall not exceed fifty percent (50%).

Side Yards. Not less than six (6) feet on each side of the exterior side lot line. Not applicable to the interior side lot line (party lot line).

Rear Yard. Not less than fifteen (15) feet.

Two-family dwelling (located on a single platted lot of record and, the individual dwelling units share a common firewall separating the side-by-side units, and the individual dwelling units are sold as condominium or townhouse/villa units, and the remainder of the lot is set aside as common elements or common ground). The regulations for the "R-1" Single-Family Residential District established per Section 400.080 of the Zoning Code shall apply, except for the following:

Maximum Lot Coverage. The maximum lot coverage shall not exceed forty-five percent (45%).

Rear Yard. Not less than fifteen (15) feet.

Allowance For Single-Family Detached Dwellings. Up to five percent (5%) of the total number of dwelling units may consist of single-family detached units on separately platted lots of record with the individual dwelling unit sold as a condominium or town house/villa unit with the remainder of the lot set aside as common elements or common ground. Said lots shall have a minimum lot area of five thousand (5,000) square feet and shall have a minimum lot width (measured at the building line) of forty-six (46) feet.

Section 400.100 "R-3" Medium Density Residential District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of those areas of the City whose principle use is or ought to be multi-family and single-family dwellings at a moderate density. The regulations of this District are designed to permit a moderate density of population and intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system, and which abut or are adjacent to such other uses, buildings, structures, or amenities which support, complement, or serve such a density or intensity. In addition to the dwellings permitted in this Zoning District, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principle use of this District.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "R-3" Medium Density Residential Districts:

Site Area. Any site zoned "R-3" Medium Density Residential District shall have a minimum area of not less than one (1) acre unless the project abuts an existing multi-family zone.

Minimum lot area.

Single-Family Dwelling. Seven thousand five hundred (7,500) square feet.

Two-Family Dwelling.

(1)

Seven thousand five hundred (7,500) square feet for a two-family dwelling located on a single platted lot of record that does not provide for the sale of the individual dwelling units.

(2)

Five thousand (5,000) square feet for a two-family dwelling located on two (2) separately platted lots of record and the interior side lot line (party lot line) runs coincident with the common firewall separating the side-by-side units. NOTE: Up to five percent (5%) of the total number of dwelling units may consist of single-family detached units on separately platted minimum five thousand (5,000) square foot lots of record.

(3)

Seven thousand five hundred (7,500) square feet for a two-family dwelling located on a single platted lot of record and:

(a)

The individual dwelling units share a common firewall separating the side-by-side units;

(b)

The individual dwelling units are sold as condominium or town house/villa units; and

(c)

The remainder of the lot is set aside as common elements or common ground. NOTE: Up to five percent (5%) of the total number of dwelling units may consist of single-family detached units on separately platted lots of record with the individual dwelling unit sold as a condominium or town house/villa unit with the remainder of the lot set aside as common elements or common ground. Said lots shall have a minimum lot area of five thousand (5,000) square feet.

Multi-Family Dwelling. The total number of units per acre shall not exceed ten (10).

For non-residential permitted and conditionally permitted uses in this zoning district per the allowances of Appendix A, the minimum lot area shall be adequate, as determined by the Planning and Zoning Commission, to provide the required yard requirements of this zoning district and the required off-street parking per Article XII of the Zoning Code.

Minimum Lot Width. (Measured at the building line.)

Single-Family Dwelling. Seventy (70) feet.

Two-Family Dwelling. Per the requirements of Section 400.095(D) of the Zoning Code.

Multi-Family Dwelling. Seventy (70) feet.

For non-residential permitted and conditionally permitted uses in this zoning district per the allowances of Appendix A,[2] the minimum lot area shall be adequate, as determined by the Planning and Zoning Commission, to provide the required yard requirements of this zoning district and the required off-street parking per Article XII of the Zoning Code.

[2]

Editor's Note: See Title IV, Appendixes.

Maximum Lot Coverage.

Single-Family Dwelling. Thirty-five percent (35%).

Two-Family Dwelling. Per the requirements of Section 400.095(D) of the Zoning Code.

Multi-Family Dwelling. Forty percent (40%).

Yard Requirements.

Single-Family Dwelling. Per the requirements of Section 400.080(D)(4) of the Zoning Code.

Two-Family Dwelling. Per the requirements of Section 400.095(D) of the Zoning Code.

Multi-Family Dwelling.

(1)

Front Yard. Not less than thirty (30) feet.

(2)

Side Yards. Not less than twenty (20) feet, except in the case of a corner lot where the side yard on the road or street side shall not be less than thirty (30) feet.

(3)

Rear Yard. Not less than thirty-five (35) feet.

(4)

Accessory structures shall meet the same yard requirements.

(5)

The above requirements shall apply to every lot, building or structure.

Multi-Family Dwelling On Platted Lots Of Record To Be Sold.

(1)

Front Yard. Not less than thirty (30) feet.

(2)

Side Yards. Not less than twenty (20) feet, except in the case of a corner lot where the side yard on the road or street side shall not be less than thirty (30) feet.

(3)

Rear Yard. Not less than thirty-five (35) feet.

(4)

Accessory structures shall meet the same yard requirements.

(5)

The above requirements shall apply to every lot, building or structure.

Height Requirements.

No building or structure shall exceed two and one-half (2 1/2) stories above finished grade or forty-five (45) feet (whichever is lesser) except as provided in Article VI.

Buildings containing three (3) stories may be occupied for residential purposes, provided that the main entry to such buildings shall be located at mid level so that no occupant shall be required to traverse more than one (1) story of stairs from the main building entrance to the highest or lowest occupied story.

Distance Between Grouped Buildings (Multi-Family Dwellings). In addition to the yard requirements for multi-family dwellings listed in Section 400.100(D)(5) of this Section, the following minimum distances shall be required between buildings containing multi-family dwellings:

Front To Front. Fifty (50) feet.

Front To Back. Fifty (50) feet.

Back To Back. Fifty (50) feet.

Side To Side. Twenty (20) feet.

Front To Side. Thirty-five (35) feet.

Back To Side. Thirty-five (35) feet.

Corner To Corner. Fifteen (15) feet.

Off-Street Parking. As required in Article XII. The construction of a covered parking space for each dwelling unit shall be optional. The roof shape and materials of the covered parking structure(s) shall match the roof shape and materials of the multi-family residential structure(s).

Site Plan Review. By Planning and Zoning Commission prior to issuance of a building permit.

10.

Utilities. Any area zoned "R-3" Medium Density Residential District shall be served by approved public water and sewer facilities.

11.

Landscaping And Screening Regulations. See Chapter 402 of this Code.

12.

Design. All multi-family residential structures are to be constructed with brick veneer, or comparable material, on the front portion of said dwelling units and on any side or back that abuts single-family "R-1" dwelling units.

Section 400.105 "R-4" Apartment Building District.

[Ord. No. 7042, 8-24-2023]

Purpose. This district is composed of those areas of the City whose principle use is or ought to be multiple-family dwellings at a high density. The regulations of this district are designed to permit a higher density of population and a higher intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system, and which abut or are adjacent to such other uses, buildings, structures, or amenities which support complement or serve such a density and intensity. In addition to the dwellings permitted in this zoning district, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principle use of this district.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "R-4" Apartment Building Districts:

Site Area. Any site zoned "R-4" Apartment Building District shall have a minimum area of not less than one (1) acre unless the project abuts an existing multi-family zone.

Minimum Lot Area.

Single-Family Dwelling. Seven thousand five hundred (7,500) square feet.

Two-Family Dwelling.

(1)

Seven thousand five hundred (7,500) square feet for a two-family dwelling located on a single platted lot of record that does not provide for the sale of the individual dwelling units.

(2)

(3)

Seven thousand five hundred (7,500) square feet for a two-family dwelling located on a single platted lot of record and:

(a)

The individual dwelling units share a common firewall separating the side-by-side units;

(b)

The individual dwelling units are sold as condominium or town house/villa units; and

(c)

[2]

Editor's Note: See Title IV, Appendixes.

Minimum Lot Width. (measured at the building line).

Single-Family Dwelling. Seventy (70) feet.

Two-Family Dwelling. Per the requirements of Section 400.095(D) of the Zoning Code.

Multi-Family Dwelling. Seventy (70) feet.

For non-residential permitted and conditionally permitted uses in this zoning district per the allowances of Appendix A, the minimum lot width shall be adequate, as determined by the Planning and Zoning Commission, to provide the required yard requirements of this zoning district and the required off-street parking per Article XII of the Zoning Code.

Maximum Lot Coverage.

Single-Family Dwelling. Thirty-five percent (35%).

Two-Family Dwelling. Per the requirements of Section 400.095(D) of the Zoning Code.

Multi-Family Dwelling. Forty percent (40%).

Yard Requirements.

Single-Family Dwelling.

(1)

Front Yard. Not less than twenty-five (25) feet.

(2)

Side Yards. Not less than six (6) feet, except in the case of a corner lot where the side yard on the road or street side shall not be less than twenty-five (25) feet.

(3)

Rear Yard. Not less than fifteen (15) feet.

Two-Family Dwelling. Per the requirements of Section 400.095(D) of the Zoning Code.

Multi-Family Dwelling.

(1)

Front Yard. Not less than thirty-five (35) feet.

(2)

Side Yards. Not less than fifteen (15) feet, except in the case of a corner lot where the side yard on the road or street side shall not be less than thirty (30) feet.

(3)

Rear Yard. Not less than thirty (30) feet.

(4)

Accessory structures shall meet the same yard requirements.

(5)

The above requirements shall apply to every lot, building or structure.

Height Requirements. Except as is otherwise provided in Article VI, no building shall exceed four (4) stories above finished grade or fifty (50) feet, whichever is the lesser.

Distance Between Grouped Buildings [Multi-Family Dwellings Of Less Than Two And One-Half (2 1/2) Stories In Height]. In addition to the yard requirements for multi-family dwellings listed in Section 400.105(D)(5) of this Section, the minimum distance between grouped buildings requirements contained within Section 400.100(D)(7) shall apply.

Distance Between Grouped Buildings [Multi-Family Dwellings Of More Than Two And One-Half (2 1/2) Stories In Height]. In addition to the yard requirements for multi-family dwellings listed in Section 400.105(D)(5) of this Section, the following minimum distances shall be required between buildings containing multi-family dwellings:

Front to front: Sixty (60) feet.

Front to back: Sixty (60) feet.

Back to back: Sixty (60) feet.

Side to side: Thirty (30) feet.

Front to side: Forty-five (45) feet.

Back to side: Forty-five (45) feet.

Corner to corner: Twenty (20) feet.

10.

Site Plan Review. By Planning and Zoning Commission prior to issuance of a building permit, as required in Article XIV.

11.

Utilities. Any area zoned "R-4" Apartment Building District shall be served by approved public water and sewer facilities.

12.

Landscaping And Screening Requirements. See Chapter 402 of this Code.

13.

14.

Density — Multi-Family Dwelling. The total number of units per acre shall not exceed fourteen (14).

Section 400.110 "R-5" Mobile/Manufactured Home Park District.

[Ord. No. 7042, 8-24-2023]

Purpose. The purpose of this district is to provide for the development of mobile/manufactured home developments and to:

Bring about mobile/manufactured home developments which are an asset to the community and to prevent the development of those which would be a detriment to the community.

To promote mobile/manufactured home developments with the character of residential neighborhoods.

To protect the health, safety and welfare of mobile/manufactured home residents and the surrounding community.

To harmonize this type of residential development with other existing and proposed land uses.

To assure adequate service by essential public facilities and services such as roads, police, water and sewers, drainage structures; or that the persons or agencies responsible for the management of the mobile/manufactured home development shall be able to provide adequately such services; further, that the establishment of any mobile/manufactured home development shall not equal excessive expense for public facilities and services.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is established in Appendix "A" of this Title.

General Regulations.

Building Permit. Any structure erected or expanded within a mobile/manufactured home development, including any structures to be erected or expanded on any mobile/manufactured home site therein, shall require a building permit to be issued therefore by the Administrative Officer and shall meet all regulations of this Chapter and the Building Code.

Application Of Regulations. A mobile/manufactured home unit shall not be permitted to occupy a site either initially when brought into a development or upon addition or replacement which violates the yard requirements, area requirements or minimum distances between units except in non-conforming mobile/manufactured home parks within this district.

Periodic Inspection. The Administrative Officer is hereby granted the power and authority to enter upon the premises of any such development at any time for the purpose of determining and/or enforcing any provision or provisions of this or any other City ordinance applicable to the conduct and operation of mobile/manufactured home developments.

Performance Standards. Mobile/manufactured home developments shall meet the performance standards as required by Article XIII.

Site Plan Review. Site plan review by the Planning and Zoning Commission is required prior to issuance of building permits as required in Article XIV. In those instances where the lots within a mobile/manufactured home development are to be recorded for sale purposes, the approval of a preliminary plat by the Planning and Zoning Commission shall constitute compliance with this requirement.

District Regulations And Performance Standards. The following regulations shall apply:

Site Area. Each mobile/manufactured home in a Mobile/Manufactured Home Park District shall occupy a designated space having at least forty-two hundred (4,200) square feet of area.

Site Width. Each mobile/manufactured home space shall have a width of at least eighty (80) feet, exclusive of common driveways.

The minimum size of the mobile/manufactured home unit shall be six hundred (600) square feet. Two (2) accessory structures of not more than five hundred fifty (550) square feet of total aggregate area shall be permitted per mobile/manufactured home space with a maximum lot coverage of fifty percent (50%).

Off-Street Parking. Two (2) off-street parking spaces shall be provided for each mobile/manufactured home. In no case shall the paved area designated for the required off-street parking encroach upon the street right-of-way. (See Article XII for additional parking requirements.)

Public Sanitary Sewer Required. In no case shall any mobile/manufactured home development be approved where the development will not be connected to or provided with a public sanitary sewer system.

Effect Of Regulations. In their interpretation and application, the provisions of this Article shall be considered minimum requirements adopted for the promotion of the public health, safety and welfare. However, recognizing the pre-manufactured nature of mobile/manufactured home units, it is recognized that lots exceeding the minimum yard and area requirements of this Chapter may be required to accommodate some units, and that suitable provision shall be made by potential developers of such mobile/manufactured home developments in their advance planning to provide for such units. Based upon this guideline, the fact that the size of a particular mobile/manufactured home unit, or class of mobile/manufactured home units, are such that a violation of any of the minimum yard or area requirements would be created, this in itself shall not be considered an adequate basis for the granting of a variance from such requirements.

Dimensional Requirements. From all mobile/manufactured home stands, the following minimum distances shall be maintained:

Six (6) feet from the side and rear property lines.

Thirty (30) feet to the exterior boundary of such development which is not a public street.

Fifty (50) feet to the right-of-way of any public street or highway located on the exterior boundary of such development.

Fifteen (15) feet to any interior right-of-way.

Fifty (50) feet to any parking area designed for general parking in such development (general parking defines parking bays for those persons other than residents).

Fifty (50) feet to any service building in such development.

No mobile/manufactured homes shall be closer to each other than twelve (12) feet.

No attached additions, detached carports or any structure shall be allowed closer than fifteen (15) feet to any street right-of-way.

No building or structure shall exceed a height of twenty-five (25) feet.

Minimum Accommodations. Each mobile/manufactured home within such development shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities and plumbing and electrical connections designed for attachment to appropriate external systems.

Landscaping Required.

Transition Strip. A transition strip of trees and shrubs not less than twenty (20) feet in depth shall be located and maintained along all boundaries of such developments, excepting at established entrances and exits serving such development. Said transition strip shall be of such density as to totally obscure all visible evidence of the development from adjoining property.

Landscape Plan. An organized landscape plan for the entire development shall be prepared as a separate document and submitted to the Planning and Zoning Commission during the required site plan review for their review and approval. The Commission may either approve, approve with specific revisions or corrections or reject the submitted landscape plan. Landscaping within non-conforming mobile/manufactured home parks is as required in Chapter 402 of this Code.

Landscape Maintenance. Any and all plantings in the development shall be hardy plant materials and maintained thereafter in a neat and orderly manner. Withered and/or dead plant material shall be replaced within a reasonable period of time but no longer than one (1) growing season as reflected upon the approved landscape plan.

10.

Minimum Design Standards.

Safety Standards. No mobile/manufactured home more than ten (10) years old shall be allowed to move into the City of O'Fallon; provided, however, that any existing older mobile/manufactured home within the City may be moved from a current location within the City to another location within the City by the owner of such mobile/manufactured home as long as ownership of the home does not change before or after the relocation.

11.

Orientation Of Mobile/Manufactured Homes Upon Lots. All mobile/manufactured homes within mobile/manufactured home developments regulated by the requirements of this Chapter shall be placed upon their individual lots in such a fashion that the long axis of the mobile/manufactured home shall face the principal street frontage upon which the lot itself faces. In the case of corner lots, the mobile/manufactured home may face either street frontage. In the case of double-frontage lots, access shall be restricted to minor streets and not permitted upon collector or arterial streets.

12.

Minimum Development Area. The total land area of a mobile/manufactured home development shall not be less than five (5) acres.

13.

Recreation Area. At least five hundred (500) square feet of recreational area shall be provided for each mobile/manufactured home contained within a mobile/manufactured home park. The improvements and equipment must be depicted on the preliminary plat and/or site plan.

14.

Storm Shelters. The preliminary plat and/or site plan shall provide a storm shelter or shelters. Such shelter facilities shall provide fifteen (15) square feet of unobstructed floor space per manufactured home in structures either below ground or above ground with walls and a roof designed to withstand a wind load of two hundred (200) miles per hour. The maximum distance to the entrance of the shelter from any manufactured home stand shall be one thousand (1,000) feet. Provisions shall be made for adequate emergency lighting and ventilating. The developer shall submit with his/her application and final development plan the details of the storm shelter facilities together with a certification by an architect or engineer licensed in the State of Missouri that such proposed facilities meet the design standards of this Section.

15.

Storage Of Flammable Materials. The use of individual fuel oil or propane gas storage tanks to supply each mobile/manufactured home separately is prohibited.

16.

Fire Extinguishers. Every mobile/manufactured home park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within the park to satisfy the regulations of the Missouri State Fire Marshall and the O'Fallon City Fire Marshall.

17.

Park Maintenance. Park owners and management are required to maintain the physical and natural facilities and features of the park in a neat, orderly and safe condition.

18.

Accessory Structures. Accessory buildings or structures under park management shall be used only as office space, storage, laundry facilities, recreation facilities, garage storage or other necessary service for park resident use only. Accessory buildings owned by park residents shall be used only for storage. No accessory building or structure shall exceed twenty-five (25) feet in height nor two (2) stories and shall meet the requirements of the City of O'Fallon Building Code.

Public Improvements.

Sanitary Sewerage And Water Facilities. Sanitary sewerage and water facilities shall be of such capacity as to serve all users of the development at peak periods. All lines shall be suitably sized and stubbed out to the property lines of the development to provide for future extension of the City's sanitary sewerage and water systems for the respective areas remaining to be served.

Storm Drainage Facilities. Storm drainage facilities shall be so constructed as to protect those that will reside in the mobile home development, as well as the property owners adjacent to the development. Such facilities shall be of such capacity to insure rapid and safe drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.

Streets And Driveways. All roads, driveways, motor vehicle parking spaces shall be paved and constructed as to handle all anticipated peak loads and adequately drained and lighted for safety and ease of movement of pedestrians and vehicles. All roads and driveways shall have curbs and gutters and must conform to all specifications given in the Subdivision and Land Development Code (see Chapter 405 as to subdivision and land development regulations).

Sidewalks. Sidewalks shall be as required under Chapter 405.

Construction Plans Required. All improvements, whether public or private, must conform to all standards and specifications of the City. Engineering drawings of all such improvements shall be submitted to and reviewed and approved by the City prior to the authorization to proceed with the construction of said improvements.

Mobile/Manufactured Home Setup Requirements.

Mobile/Manufactured Home Stands. Each mobile/manufactured home shall be provided with a stand consisting of either a solid concrete pad not less than four (4) inches thick and not less than the length and width of the mobile/manufactured home that will use the site; solid concrete runners not less than six (6) inches thick at least the length of the mobile/manufactured home; or on piers corresponding to an approved anchoring system by the State of Missouri. The stand shall be so constructed, graded, placed and maintained to be durable and adequate for the support of the maximum anticipated load during all seasons.

Blocks And Tie Downs. Each mobile/manufactured home shall be supported on uniform jacks or locks and tied down as required by City ordinance and State law.

Skirting. Uniform skirting of each mobile/manufactured home base shall be required within fourteen (14) days after initial placement, such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to this mobile/manufactured home so as to deter and prevent entry of rodents and insects.

Underground Lines. All electric, telephone and other lines from supply poles outside the park or other sources to each mobile/manufactured home site shall be underground.

Sanitary Sewer And Water Connections. All water and sanitary sewerage facilities, including the connection to all mobile/manufactured home sites, shall be constructed so that all facilities and lines are protected from freezing, from bumping, or from creating any type of nuisance or health hazard. Such connections shall not exceed ten (10) feet in length above ground.

Storage of goods and articles underneath any mobile/manufactured home or out-of-doors at any mobile/manufactured home site shall be prohibited.

Non-Conforming Mobile/Manufactured Home Parks. Where, on the date of initial adoption (October 16, 1984) or amendment of this Chapter, a lawful mobile/manufactured home park existed that is no longer permissible under the provisions of this Chapter, such mobile/manufactured home park may continue so long as it remains otherwise lawful, subject to the following provisions:

Violations Not Validated. A non-conforming mobile/manufactured home park in violation of a provision of this Chapter shall not be validated by the adoption of this Chapter.

Enlargement. No such non-conforming mobile/manufactured home park shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Chapter and no additional accessory use, building or structure shall be established thereon unless in complete compliance with the requirements of this Chapter. Nor shall the mobile/manufactured homes within the existing site be rearranged to increase their number or density within the existing confines of the park.

Relocation. No such non-conforming mobile/manufactured home park shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this Chapter or to a parcel or lot not in conformance with this Chapter.

Destruction. Should any such non-conforming mobile/manufactured home park be destroyed by any means to an extent of fifty percent (50%) or more of its replacement, it shall not be reconstructed except in conformity with the requirements of this Chapter.

Discontinuance. If such non-conforming mobile/manufactured home park ceases for any reason for a period of more than one hundred eighty (180) consecutive days (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter for the district in which such parcel or lot is located.

Ownership. All non-conforming mobile/manufactured home parks shall be and shall remain in one (1) ownership and primarily designed for the purpose of renting spaces for the placement of mobile/manufactured home dwelling units. In no instance shall a non-conforming mobile/manufactured home park be sold as lots for permanent mobile/manufactured home residence.

Registry. Each non-conforming mobile/manufactured home park shall maintain an up-to-date registry of each mobile/manufactured home unit and site showing the length, width and area of the site. The registry shall be open to inspection by the Administrative Officer.

Limitation On Permitted Uses. Within all non-conforming mobile/manufactured home parks, the permitted uses of such park shall be limited to the following:

Mobile/manufactured homes.

Accessory buildings or structures, under park management supervision shall be used only as office space, storage, laundry facilities, recreation facilities, garage storage or other necessary service for park resident use only. No accessory building or structure shall exceed twenty-five (25) feet in height nor two (2) stories and shall meet the requirements of the City of O'Fallon Building Code.

Minimum Distance. Within all non-conforming mobile/manufactured home parks, the minimum distances maintained between mobile/manufactured homes shall be in conformity with the requirements of the adopted City Building and Fire Codes, applicable State laws, a development plan previously approved by the City of O'Fallon or ten (10) feet, whichever standard being the more restrictive. Detached carport supports within all non-conforming mobile/manufactured home parks shall be no closer than four (4) feet to the street or edge of the sidewalk, whichever distance being the more restrictive. Detached carport roof overhangs shall be no closer than two (2) feet to the street edge or edge of the sidewalk, whichever distance being the more restrictive.

10.

Storage Of Flammable Materials. The use of individual fuel oil or propane gas storage tanks to supply each mobile/manufactured home separately is allowed consistent with the requirements contained with the current edition of International Fire Code or other applicable regulations of the City of O'Fallon.

11.

12.

Park Maintenance. Park owners and management are required to maintain the physical and natural facilities and features of the park in a neat, orderly and safe condition.

13.

Parking. No parking area or parking space which exists at the time this Chapter becomes effective (October 16, 1984) or which subsequent thereto is provided for the purpose of complying with the provisions of this Chapter shall thereafter be relinquished or reduced in any manner.

14.

Existence Of A Non-Conformity. In cases of doubt and on specific questions raised concerning whether a mobile/manufactured home park has non-conforming status, or if an element of such park has non-conforming status, it shall be treated as a question of fact and shall be decided by the Mayor and City Council upon receipt of a report and recommendation on the matter from the Planning and Zoning Commission.

Section 400.112 "TGD" Transitional Growth District — St. Paul.

[Ord. No. 7042, 8-24-2023]

Definitions. As used in this Section, the following terms have the meaning assigned to them in this Subsection.

AMENITIES

Recreational facilities, walking trails, gazebos, etc.

BOUNDARY

That legal boundary shared by the City of O'Fallon and the City of St. Paul.

CITY

The City of O'Fallon, Missouri.

PRIMARY AREA

That area of real property within any transitional growth area that is located within two hundred fifty (250) feet of any boundary.

SECONDARY AREA

That area of real property within any transitional growth area that is located within five hundred (500) feet of any boundary, excluding any primary area within such area.

TERTIARY AREA

That area of real property within any transitional growth area that is located within seven hundred fifty (750) feet of any boundary, excluding any primary area and secondary area within such area.

TGD DISTRICT

That zoning classification described in this Section.

TRANSITIONAL GROWTH AREA

That area of real property within the City extending from any boundary to a point not less than seven hundred fifty (750) feet from any boundary.

Application. All new territories which may hereafter be annexed into the City that are within seven hundred fifty (750) feet of the City of St. Paul shall be required to petition for rezoning to the "TGD" Transitional Growth District. The City shall use its Future Land Use Map, as contained within the adopted Comprehensive Plan, as a guide in setting the appropriate zoning district classification for the newly annexed property.

Purpose. This district is composed of those areas of the City which abut or will abut the City of St. Paul with low-density single-family housing, and therefore whose principal use is and ought to be single-family dwellings on large lots with a transition to moderate to small lots. These regulations are designed to preserve the semi-rural character of these areas immediately abutting the limits of the City of St. Paul while allowing a transition to a more suburban character as the distance from the shared municipal line is increased. In addition to the single-family dwellings permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district. It is recognized that unincorporated parcels annexed into the City, and being utilized for something other than residential purposes, may not be appropriate to be zoned as residential and may be given some other zoning district classification.

Permitted Uses. The permitted uses within any Transitional Growth District shall be limited to the following:

Single-family dwellings.

The collocation of wireless telecommunication antennas on existing wireless telecommunication support structures.

Disguised telecommunication facilities.

Mounted antenna telecommunication facilities.

Conditional Uses. The conditional uses within any Transitional Growth District shall be limited to the following:

Recreational uses.

Public uses.

Wireless telecommunication facilities that include new or modified wireless telecommunication support structures.

Regulations And Performance Standards. The following regulations shall apply within any "TGD" District:

Lot Area.

Within any primary area, dwellings shall be located on lots containing an area of not less than one (1) acre.

Within any secondary area, dwellings shall be located on lots containing an area of not less than twenty-two thousand (22,000) square feet.

Within any tertiary area, dwellings shall be located on lots containing an area of not less than ten thousand (10,000) square feet.

For uses other than dwellings, the lot shall be adequate to provide the yard area required by this district and the off-street parking required by Article XII.

Lot Width And Depth.

Within any primary area, the minimum lot depth shall be two hundred fifty (250) feet and the minimum lot width shall be one hundred fifty (150) feet.

Within any secondary area, the minimum lot depth shall be one hundred eighty (180) feet and the minimum lot width shall be one hundred ten (110) feet.

Within any tertiary area, the minimum lot depth shall be one hundred (100) feet and the minimum lot width shall be eighty (80) feet.

Lot Coverage.

Within any primary or secondary area, the maximum lot coverage by buildings or structures shall not exceed twenty-five percent (25%).

Within any tertiary area, the maximum lot coverage shall not exceed thirty-five percent (35%).

Yard Requirements.

Front Yard. Within any primary area or secondary area not less than forty (40) feet. Within any tertiary area not less than twenty-five (25) feet.

Side Yard. Within any primary area not less than twenty (20) feet. Within any secondary area not less than twelve (12) feet. Within any tertiary area not less than six (6) feet.

Rear Yard. Within any primary or secondary area not less than forty (40) feet. Within any tertiary area not less than twenty-five (25) feet.

Height Requirements.

For Buildings And Structures. No building or structure shall exceed a height of two and one-half (2 1/2) stories or thirty-five (35) feet.

For Detached Accessory Buildings And Structures. No detached accessory building or structure shall exceed a height of twenty-five (25) feet nor higher than the main building. (See Article VI for additional regulations for accessory buildings.)

Off-Street Parking. Two (2) off-street parking spaces shall be provided for each single-family dwelling. (See Article XII for additional parking requirements.)

No Grade Zones. Within any primary area, a fifty (50) foot wide no grade zone shall be established along the shared municipal line. Should any trees be damaged or killed within the no grade zone, they shall be replaced with a similar tree four (4) inches in caliper.

Landscaping. Within any primary area, a twenty-five (25) foot wide landscaping buffer containing a total of three (3) plant units (as defined in Section 402.020) per one hundred (100) linear feet shall be required. Existing trees within the buffer may be credited toward the minimum plant unit requirement.

Planned Development Procedure Prohibited. Planned developments (PDs) and Planned Unit Developments (PUDs) shall not be permitted within this zoning district in order to seek relief from the dimensional or setback requirements. Additionally, no amenities shall be required as a condition of approval of any development within this district.

Section 400.115 "C-O" Office District.

[Ord. No. 7042, 8-24-2023]

Purpose.

It is recognized by this Chapter that the value to the public of designating certain areas of the City for office use is represented in the employment opportunity to citizens and the resultant economic benefits to the City. This use is characterized by a minimal amount of such nuisance factors as noise, heat, glare, and the emission of air pollutants.

This District has been located within the City to permit the development of this office use, to protect adjacent residential areas against the encroachment of incompatible uses, and to lessen congestion on public streets and highways. To these ends, certain uses which interfere with the operation of this type of business activity and the purpose of this district have been excluded.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "C-O" Office Districts:

Minimum Site Area. One (1) acre unless the project abuts an existing commercial or industrial zone.

Minimum Lot Width. Seventy-five (75) feet.

Lot Coverage. The maximum lot coverage by structures shall not exceed twenty-five percent (25%).

Yard Requirements.

Front Yard. Not less than twenty-five (25) feet.

Side Yard. Least width of either side yard shall not be less than ten (10) feet, except in the case of a corner lot or parcel where the side yard on the road or street shall not be less than twenty-five (25) feet.

Rear Yard. Not less than thirty-five (35) feet.

The above yard requirements shall apply to every lot, building, or structure.

Height Requirements. Except as is otherwise provided in Article VI of this Chapter, no building or structure shall exceed a height of thirty-five (35) feet.

Landscaping And Screening Regulations. As required in Chapter 402 of this Code. (Note: of particular importance when adjacent to residential uses.)

Off-Street Parking. As required in Article XII.

Site Plan Review. By Planning and Zoning Commission prior to issuance of a building permit: As required in Article XIV.

Utilities. Any area zoned "C-O" Office District shall be served by approved public water and sewer facilities.

10.

Outside Storage. No materials or equipment may be stored outside without the proper enclosure approved on a site plan. This is to include, but not limited to: boats, campers, RVs, dumpsters, grease dumpsters, cleaning supplies, furniture, bread racks, etc.

Section 400.120 "C-1" Restricted Business District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of those areas of the City whose principal use is and ought to be local retail, service and restricted repair business activities which serve surrounding residential neighborhoods. This District has been located within the City to permit the development of these business activities to protect adjacent areas against the encroachment of incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this District have been excluded.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in "C-1" Residential Business Districts.

Minimum Site Area. One (1) acre, unless the project abuts an existing commercial or industrial zone.

Minimum Lot Width. Seventy (70) feet.

Lot Coverage. The maximum lot coverage by structures shall not exceed thirty percent (30%).

Yard And Setback Requirements.

Front Yard. Not less than twenty-five (25) feet.

Side Yards. Not required in this district except where a side line of a "C-1" lot abuts the side line of a residential or office lot; in that instance a side yard shall be provided of the same dimensions required in the district it abuts. A side yard of twenty-five (25) feet shall be provided on the side of a corner lot.

Rear Yards. Not less than twenty-five (25) feet.

Height Requirements. No building or structure shall exceed a height of thirty-five (35) feet.

Performance Standards.

Wholesale sales are prohibited.

Outdoor storage or display of merchandise, materials, or equipment is prohibited.

Other standards are required in Article VI herein.

No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.

Flea markets, both those held inside and outside of a structure are prohibited.

Off-Street Parking. As required in Article XII.

Site Plan Review. By Planning and Zoning Commission prior to issuance of a Building Permit: As required in Article XII.

Landscaping And Screening Regulations. See Chapter 402 of this Code.

10.

Utilities. Any area zoned "C-1" Restricted Business District shall be served by approved public water and sewer facilities.

11.

Section 400.125 "C-2" General Business District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of those areas of the City whose principal use is and ought to be general retail, service, and repair business activities which serve the entire City and surrounding area. This District has been located within the City to permit the development of these business activities, to protect adjacent areas against encroachment by incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this District, have been excluded.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "C-2" General Business District:

Minimum Site Area. Five (5) acres unless the project abuts existing commercial or industrial zone.

Minimum Lot Width. Twenty-five (25) feet.

Maximum Lot Coverage. No limit.

Yard And Setback Requirements.

Front Yard. Not less than twenty-five (25) feet, excluding all signs, pump islands, and canopies of gasoline service stations.

Side Yards. No side yard is required except that where a side line of a lot in this district abuts the side line of a lot in any residential or office district, a side yard shall then be provided the same as required in the district it abuts. A side yard of not less than twenty-five (25) feet shall be provided on the street side of a corner lot.

Rear Yards. No rear yard is required except that where a rear line of a lot in this district abuts lots zoned residential or office a rear yard of not less than ten (10) feet shall be provided.

Height Requirements. Except as otherwise provided in Article VI of this Chapter, no building or structure should exceed fifty (50) feet or three (3) stories. The Planning and Zoning Commission may allow additional height to a maximum of six (6) stories where it is determined that:

[Ord. No. 7118, 6-27-2024]

Additional height will not adversely impact the surrounding land uses.

The building height will not interfere with the St. Charles County's emergency microwave communications system. For purposes of this Subsection, the lack of interference may be shown by submitting a letter from or written findings of the St. Charles County Emergency Communications System Manager after review of the site and building plans.

The applicable fire protection district can provide the necessary emergency fire protection and emergency access.

Off-Street Parking. As required in Article XII.

Site Plan Review. By Planning and Zoning Commission prior to issuance of a building permit: As required in Article XIV.

Landscaping And Screening Regulations. As required in Chapter 402 of this Code. (Note: of particular importance when adjacent to residential uses.)

Utilities. Any area zoned "C-2" General Business District shall be served by approved public water and sewer facilities.

10.

11.

Any hotel or extended stay facility in existence in the City at the time of the adoption of Ordinance No. 5161 (4-12-2007) and that is currently more than five hundred (500) feet from any residentially - zoned property (regardless of political jurisdiction) shall not be subject to the provisions and requirements of said ordinance.

Section 400.130 "C-3" Highway Commercial District.

[Ord. No. 7042, 8-24-2023]

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "C-3" Highway Commercial District:

Minimum Site Area. Five (5) acres unless the project abuts existing commercial or industrial zone.

Minimum Lot Width. Twenty-five (25) feet.

Lot Coverage. The maximum lot coverage by structures shall not exceed fifty percent (50%).

Yard Requirements.

Front Yard. Not less than thirty (30) feet, excluding all signs, pump islands of gasoline service stations.

Side Yards. At least width of either yard shall not be less than twenty (20) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than thirty (30) feet, excluding trash, recycling and grease enclosures.

Rear Yards. No less than twenty-five (25) feet, excluding trash, recycling and grease enclosures.

Additional height will not adversely impact the surrounding land uses.

The applicable fire protection district can provide the necessary emergency fire protection and emergency access.

Off-Street Parking. As required in Article XII.

Site Plan Review. By Planning and Zoning Commission prior to issuance of a building permit: As required in Article XIV.

Landscaping And Screening Regulations. As required in Chapter 402 of this Code. (Note: of particular importance when adjacent to residential uses.)

Utilities. Any area zoned "C-3" Highway Commercial District shall be served by approved public water and sewer facilities.

10.

Section 400.140 "I-1" Light Industrial District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of the area of the City whose principal use is or ought to be light manufacturing, warehousing, and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards, and harmful or obnoxious matter. This District has been located within the City to permit the development of these industrial uses, to protect adjacent areas against encroachment by incompatible uses, and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this District have been excluded.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "I-1" Light Industrial Districts:

Site Area. Five (5) acres minimum unless the proposed project abuts an existing industrial zone.

Lot Width. The minimum lot width shall be seventy-five (75) feet.

Lot Coverage. The maximum lot coverage by structures shall not exceed fifty percent (50%).

Yard Requirements.

Front Yard. Not less than thirty (30) feet.

Side Yard. Least width of either yard shall not be less than twenty (20) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not, be less than thirty (30) feet.

Rear Yard. Not less than thirty-five (35) feet.

Height Requirements. Except as otherwise provided in Article VI of this Chapter, no building or structure should exceed a height of fifty (50) feet.

Landscaping And Screening Regulations. See Chapter 402 of this Code. Note: Of particular importance where adjacent to residential uses.

Utilities. Any area zoned "I-1" Light Industrial District shall be served by approved public water and sewer facilities.

Off-Street Parking. As required in Article XII.

Site Plan Review. Prior to issuance of a building permit: As required in Article XIV.

10.

Performance Standards.

All industrial operations shall be conducted within a fully enclosed building unless the nature of the use cannot be reasonably conducted indoors.

All storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, sight-proof fencing, or brick walls, or combinations of these materials at least eight (8) feet in height so that said materials and equipment are not visible at eye level within one thousand (1,000) feet of the property line. No boats, campers, RVs, etc., may be stored outside.

Other performance standards: See Article XIII.

Section 400.145 "I-2" Heavy Industrial District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is designed to provide the location and space for all manner of industrial uses, wholesale, commercial, and industrial storage facilities. It is the purpose of these Regulations to permit the development of certain functions, to protect the abutting residential and commercial properties from incompatible industrial activities and to restrict the intrusion of non-related uses such as residential, retail business, and commercial. To these ends, certain uses are excluded which would function more effectively in other districts and which would interfere with the operation of the uses permitted in this District.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "I-2" Heavy Industrial Districts.

Site Area. Five (5) acres unless the proposed project abuts an existing industrial zone.

Lot Width. Seventy-five (75) feet minimum.

Lot Coverage. The maximum lot coverage by structures shall not exceed fifty percent (50%).

Yard Requirements.

Front Yard. Not less than thirty (30) feet.

Side Yards. Least width of either yard shall not be less than twenty-five (25) feet, except in the case of a corner lot, where the side yard on the road or street shall not be less than thirty (30) feet.

Rear Yard. Not less than fifty (50) feet.

Height Requirements. Except as is otherwise provided in Article VI of this Chapter, no building or structure shall exceed a height of fifty (50) feet.

Landscaping And Screening Regulations. See Chapter 402 of this Code. (Note: Of particular importance where adjacent to residential uses.)

Utilities. Any area zoned "I-2" Heavy Industrial District shall be served by approved public water and sewer facilities.

Off Street Parking. As required in Article XII.

Site Plan Review. By Planning and Zoning Commission prior to issuance of a building permit: As required in Article XIV.

Performance Standards.

All industrial operations shall be conducted within a fully enclosed building unless the nature of the use cannot be reasonably conducted indoors.

All storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, wooded fences sight-proof fencing, or brick walls, or combinations of these materials at least eight (8) feet in height so that said materials and equipment are not visible at eye level within one thousand (1,000) feet of the property line. No boats, campers, RVs, etc., may be stored outside.

Other performance standards: See Article XIII.

Section 400.150 "HTCD" High Tech Corridor District.

[Ord. No. 7042, 8-24-2023]

Purpose. The purpose and intent of the "HTCD" High Tech Corridor District is to provide a controlled and protected environment for the orderly growth and development of high technology industries. This district will allow some commercial, office and service industries provided all uses conform to the "Regulations and Performance Standards" in this Section as well as other applicable Sections of the Zoning Code.

Permitted Uses. The following activities are permitted subject to the development and performance standards set forth herein:

Agricultural uses, provided no sales are made on the property.

Federal, State, County, City or public utility owned and operated buildings and uses.

Office buildings.

Precision and research instruments and engineering laboratories.

Educational, scientific and research organizations.

Research and development and light manufacturing supported by research and development.

Educational facilities.

Computer programming and other software services.

Full-service dine-in restaurants.

10.

Recreational facilities used for health, fitness and/or physical therapy/rehabilitation activities.

11.

Banks, savings and loans and credit unions.

12.

Buildings for the storage of documents, records, testing and research equipment, experimental models and/or other personal property related to a permitted use.

13.

Administrative offices related to a permitted use.

14.

Hospitals.

15.

The co-location of wireless telecommunication antennas on existing wireless telecommunication support structures.

16.

Disguised telecommunication facilities.

17.

Mounted antenna telecommunication facilities.

18.

Marijuana cultivation facility entirely within an enclosed building.

19.

Marijuana-infused products manufacturing facility.

20.

Marijuana testing facility.

21.

Marijuana dispensary facility.

22.

Electric vehicle charging lot as the primary use of a property.

[Ord. No. 7118, 6-27-2024]

Conditional Uses. The following conditional uses, which support and/or are adjunct to the permitted uses, will be allowed contingent upon the granting of a conditional use permit. All requests for a conditional use permit shall be processed as a conditional use permit under Article VII of Chapter 400 of Title IV of this Code and shall be subject to all fees, procedures and actions as provided in Article VII of Chapter 400 of Title IV. All conditional uses will be subject to the development and performance standards set forth herein:

Airfield.

Bus shelters, taxi stands, and/or any other mass transit pick-up/drop-off points.

Wireless telecommunication facilities that include new or modified wireless telecommunication support structures.

Living quarters for custodians and caretakers of a building or facility that houses a permitted use.

Hotels and extended stay facilities.

Churches, synagogues and temples.

Daycare facilities.

Indoor Sales Or Service. Indoor sales and service shall be allowed as a conditional use subject to the supplemental requirements set forth elsewhere in this Section.

For the purposes of this Section, "indoor sales or service" shall be defined as: All land uses which conduct or display consumer goods; rental merchandise or equipment; and/or non-personal or non-professional services entirely within an enclosed building. In no instance shall such products be displayed outside of an enclosed building. No in-vehicle sales and service land uses, which perform sales and/or services to persons in vehicles or to vehicles which may be occupied at the time of such activity, shall be allowed, except in cases of banking and other financial institutions and pharmacies. Commercial recreation facilities, venues used for individual or group entertainment, amusements or participatory leisure activities shall also be included within the "indoor sales and service" category. (Examples of commercial recreation facilities include, but are not limited to, training studios (dance, art, martial arts, etc.), bowling alleys and movie theaters.)

Helipads or helistops to service hospitals.

Regulations And Performance Standards. The following regulations shall apply in all "HTCD" High Tech Corridor Districts:

Administrative Requirements.

The applicant requesting "HTCD" zoning must submit a preliminary development plan for the site with the zoning application. The plan shall show the proposed uses for all lots, the landscape plans, the design of common open space areas, the location of signs, and any additional development standards deemed necessary.

The applicant must also simultaneously file subdivision plats for the tract and go through the platting process concurrently with the rezoning.

The applicant shall include with the plat application, covenants and restrictions for the development.

The applicant shall describe within the covenants and restrictions, the organization and operation of the Governing Board that is set up to enforce said covenants. The covenants shall also address the integration of the site layout.

Site Area. Five (5) acres minimum, unless the proposed project abuts an existing "HTCD" or commercial zone.

Lot Width. The minimum lot width shall be one hundred (100) feet.

Lot Coverage. The maximum lot coverage for all structures shall not exceed fifty percent (50%).

Lot Use. All operations occurring within a "HTCD" zoned area must take place within a fully enclosed building.

Building Requirements.

The building on-site must be finished on all sides.

The materials used in building construction must conform to the standards set forth in Title IV, Chapter 400, Article XIII of the City Code.

Yard Requirements.

Front Yard. Not less than thirty (30) feet. All required front yards must be kept clear of parking, loading areas, accessory uses and buildings.

Side Yard. Not less than twenty (20) feet, except in the case of a corner lot where the side yard shall be thirty (30) feet.

Rear Yard. Not less than thirty-five (35) feet.

Height Requirement. Except as otherwise provided in Article VI of this Chapter, no building or structure should exceed fifty (50) feet or three (3) stories. The Planning and Zoning Commission may allow additional height to a maximum of six (6) stories where it is determined that:

Additional height will not adversely impact the surrounding land uses.

The applicable fire protection district can provide the necessary emergency fire protection and emergency access.

Landscaping And Screening.

In addition to all of the required setbacks, all "HTCD" developments will have to meet the landscaping, the bufferyard and the screening requirements of a commercially zoned property.

(1)

The landscaping and bufferyards shall meet the standards set forth in Chapter 402 of this Code.

(2)

For purposes of the "HTCD" where the bufferyard requirement calls out for a "plant unit" or portion thereof, "two (2) deciduous trees three (3) inches in caliper plus four (4) complimentary shrubs with a minimum size of five (5) gallons (at time of installation)" will be used instead.

All front yards required under this Chapter shall be planted with the number of trees necessary to comply with the street tree requirements in addition to any other required landscaping.

Screening shall be provided to obscure certain uses, or portions of a specific use, which by the scale or design represent a potential negative impact on adjacent properties. This screening will be accomplished by the use of fences, walls, hedges, landscaping, earth berms, natural buffers, or any combination thereof.

The following specific uses or features shall be screened from adjacent properties and from public view from any existing or proposed public street, regardless of their size, scale or location on the site:

(1)

Dumpster and trash hauling areas.

(2)

Service entrances and utility facilities.

(3)

Loading docks or spaces.

In addition to the standards set forth in Section 400.278 of the Zoning Code, the following standards apply to all screening:

(1)

Minimum height of any screening shall be that which is sufficient to visually separate uses within the subject property from adjoining properties and streets.

(2)

Height of any screening materials on a corner is controlled by vehicular sight distances.

(3)

Plant material used for screening shall be of evergreen varieties and shall be at least six (6) feet in height and no farther apart than ten (10) feet apart when planted.

10.

Utilities.

Any area zoned "HTCD" High Tech Corridor District shall be served by approved public water and sewer facilities.

All utilities serving the site must be placed underground.

In the instance of external equipment such as transformers, screening will be required as stated in Section 400.278 of the Zoning Code.

11.

Parking.

Parking Areas. Shall be designed and constructed within the provisions set forth in Article XII of the Zoning Code, unless otherwise noted.

All uses within a development, both permitted and conditional, shall maintain cross access and cross parking agreements and will make use of joint parking facilities.

All parking areas within a development shall be connected by common entries and drive aisles.

Loading areas shall not be located within any front yard and shall be properly screened so as to be not visible from any existing or proposed street.

Design of parking lot should encourage the use of mass transit and ridesharing.

Access points shall minimize traffic congestion. Whenever possible, access to a public road shall be made to service more than one (1) lot.

All parking lot lighting fixtures shall be placed within landscape islands.

12.

Site Plan Review. In addition to the regulations outlined in Article XIV, the following shall apply:

All structures, regardless of size, are required to be reviewed by the Planning and Zoning Commission.

All site plans must include landscape architectural plans addressing screening/landscaping requirements.

Site plans must include information on the percent of coverage of the total site in buildings, parking areas and accessory uses.

13.

Signs.

The location, design, color and lighting of all proposed signage should be indicated on the site plans.

(1)

All signs shall reflect the architectural design scheme of the project.

The only signs permitted within the "HTCD" High Tech Corridor District will be permanently installed signage located on-premise. No billboards will be allowed.

All signs permitted for use within the "HTCD" shall comply with all applicable provisions of Chapter 410 of the City Code. All signs shall be approved under separate permit.

Supplemental Regulations And Performance Standards For "Indoor Sales And Service Uses." In addition to all other "HTCD" requirements, conditional uses defined as "indoor sales and service" uses will be subject to the following development standards:

Facades And Exterior Walls.

The wall planes on any proposed structure shall incorporate three (3) dimensional reliefs in their design. Projections, recesses and offsets, as well as any other available architectural device, shall be employed to prevent building facades from being static and monolithic. No building facade shall extend for more than seventy-five (75) linear feet without some type of three (3) dimensional relief.

(1)

Using several smaller buildings with a common architectural theme, as opposed to a single multi-tenant building, will also meet this requirement provided no building has a facade greater than seventy-five (75) linear feet.

Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than sixty percent (60%) of their horizontal length.

Detail Features. All buildings, regardless of the length of their facades, must include a repeating pattern that includes no less than three (3) of the following elements:

(1)

Color change;

(2)

Texture change;

(3)

Material module change;

(4)

An expression of architectural or structural bays through a change in plane no less than twelve (12) inches in width, such as an offset, reveal or projecting rib.

(a)

Note: At least one (1) of elements in Subsection (E)(1)(c)(1), (2) or (3) shall repeat horizontally. All elements shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically.

Roofs. Roofs shall have no less than two (2) of the following features:

Parapet walls that extend above the roof line (for buildings with flat roofs).

(1)

Flat roofs and rooftop equipment such as HVAC units shall be screened from public view as required by Section 400.278 of the City Zoning Code.

(2)

Overhanging eaves, extending no less than three (3) feet past the supporting walls.

(3)

Three (3) or more roof slope planes.

Materials And Colors.

Predominant exterior building materials shall be high quality materials, including, but not limited to, brick, sandstone, other native stone, and tinted/textured concrete masonry units.

(1)

The materials used in building construction must conform to the standards set forth in Title IV, Chapter 400, Article XIII of the City Code. Exterior building materials shall not include concrete block or tilt-up concrete panels with smooth faces; or prefabricated steel panels.

Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

Colors should be of earth tones to blend with the environment.

Cross Access Easements. The site design must provide direct connections and safe street crossings to adjacent land uses.

Planting Requirements Within Parking Areas. The following are the minimum requirements for parking lot landscaping:

There shall be one (1) landscaped island installed within the interior parking area for every twenty (20) parking and/or loading spaces.

Minimum size of the landscape island shall be one hundred fifty (150) square feet with a minimum width of eight (8) feet.

Landscape islands shall consist of two (2) deciduous trees three (3) inches in caliper plus one (1) complimentary shrub with a minimum size of five (5) gallons (at time of installation).

Any damaged or dead plant units shall be replaced within one (1) week unless it is the determination of the City that extenuating circumstances exist, such as incompatibility with the established planting season.

The landscape island shall be protected from vehicular contact by a six (6) inch or greater vertical concrete curb.

No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners or in the intersection of a public right-of-way that will create an obstruction to visibility or is a traffic hazard.

Pedestrian Circulation.

Sidewalks at least four (4) feet in width shall be provided along all sides of the lot that abut a public street.

Continuous internal pedestrian walkways, no less than eight (8) feet in width, shall be provided from the public sidewalk or right-of-way to the customer entrances of all establishments on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as:

(1)

Transit stops;

(2)

Street crossings;

(3)

Building and store entry points;

(4)

Outdoor seating areas.

Sidewalks, no less than eight (8) feet in width, shall be provided along the full length of the building along any street frontage or building facade featuring a customer entrance. Such sidewalks shall be located at least four (4) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. The plant materials used within the planting beds shall be provided in a size and number that adequately covers the ground between the building and sidewalk as demonstrated on the landscape plans. (Such plant units may not be counted toward other landscape requirements.)

(1)

Internal pedestrian walkways provided in conformance with Subsection (E)(6)(c) above shall provide one (1) bench for every one hundred (100) linear feet of walkway.

(2)

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort as well as the attractiveness of the walkways.

Central Features And Community Space. Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following:

Patio/seating area;

Pedestrian plaza with benches;

Outdoor playground area;

A pedestrian arcade or kiosk area;

Water feature;

Clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the City, adequately enhances such community and public spaces.

Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

Site Specific Operations. No delivery or loading activities, trash removal or compaction, parking lot cleaning or other such operations shall be permitted between the hours of 10:00 P.M. and 7:00 A.M.

Violations. Any person, authority, business, corporation, partnership or limited partnership found to be in violation of any provisions of this Section shall be subject to the penalty provision of Section 100.010 of this Code but not limited to a fine of up to five hundred dollars ($500.00) for each day of violation.

Section 400.155 "AG" Agricultural District.

[Ord. No. 7042, 8-24-2023]

Purpose. This District is composed of those areas of the City whose principal use is and ought to be farming. The regulations of this District are designed to conserve, stabilize, enhance, and develop farming and related resource utilization activities.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all "AG" Agricultural Districts.

Lot Area. No building or structure shall be established on any lot less than two (2) acres. The minimum lot area for the raising and keeping of livestock shall be ten (10) acres.

Lot Width. The minimum lot width shall be one hundred fifty (150) feet.

Lot Coverage. The maximum lot coverage by structures shall not exceed ten percent (10%).

Yard And Setback Requirements.

Front Yard. Not less than fifty (50) feet from the right-of-way.

Side Yards. Least width of either yard shall not be less than thirty (30) feet except in the case of a corner lot where the side yard on the street side shall not be less than fifty (50) feet.

Rear Yard. Not less than fifty (50) feet.

The above requirements shall apply to every lot, building, or structure; provided, further, that where livestock is raised or kept, no structure or storage of hay, feed, or manure, shall be located less than one hundred (100) feet from a property line.

Height Requirement. Except as otherwise provided in Section 400.255, the following height requirements shall apply in this district.

For Dwelling And Non-Farm Buildings And Structures. No dwelling or non-farm building or structure shall exceed a height of two and one-half (2 1/2) stories.

For General And Specialized Farm Buildings And Structures. No general and specialized farm building and structures shall exceed a height of fifty (50) feet.

Off-Street Parking. As required in Article XII.

Performance Standards. As required in Article XIII.

Section 400.160 "P-R" Park-Recreation District.

[Ord. No. 7042, 8-24-2023]

Purpose. The value to the public of certain open areas of the City is represented in their natural, undeveloped, or unbuilt condition. It is recognized by this Chapter that the principal use of certain open areas is and ought to be the development, management, and utilization of the natural resource base possessed by these areas. In order that this value may be maintained and this use encouraged, this Chapter has established, based upon a well-considered plan, a zoning district designed to regulate the location of buildings and structures and the use of parcels and lots, in order to protect and enhance the natural resources, natural amenities, natural habitats of wildlife, watershed and reservoir areas, agricultural capabilities, parks and public recreation areas, and the public health, safety and welfare by reducing the hardship and financial burdens imposed upon the City by the wanton destruction of resources, the improper and wasteful use of open land, wooded areas, and the periodic flooding and overflow of creeks and streams.

Permitted Uses. The listing of permitted uses is set out in Appendix "A" of this Title.[1]

[1]

Editor's Note: See Title IV, Appendixes.

Conditional Uses. The listing of conditional uses is set out in Appendix "A" of this Title.

Regulations And Performance Standards. The following regulations shall apply in all Park-Recreation Districts:

Lot Width. No restriction.

Lot Coverage. The maximum lot coverage by structures shall not exceed ten percent (10%).

Yard And Setback Requirements.

Front Yard. Not less than sixty (60) feet from the right-of-way.

Side Yard. Least width of either yard shall not be less than thirty (30) feet; except in the case of a corner lot where the side yard on the road or street side shall not be less than sixty (60) feet.

Rear Yard. Not less than fifty (50) feet.

Height Requirements. Except as otherwise provided in Article VI, the following height requirements shall apply in this district for all buildings and structures: no building or structure shall exceed two (2) stories or twenty-five (25) feet.

Off-Street Parking. As required in Article XII.

Site Plan Review. By the Planning and Zoning Commission prior to issuance of a building permit: As required in Article XIV.

Section 400.161 "MUTDD" Mixed-Use Traditional Development District.

[Ord. No. 7042, 8-24-2023]

Purpose. The purpose and intent of the Mixed-Use Traditional Development District (MUTDD) is to encourage a variety of land uses in closer proximity to one another than would be permitted under the City's more conventional zoning districts and to encourage building configurations that create a distinctive and memorable sense of place. Developments in this district are permitted to have a mixture of residential, office, commercial, cultural, entertainment, recreational and institutional uses under a single development plan, either within single structures or within multiple structures. It is the purpose of this district to encourage a diversification of uses and structures which promote innovative and energy-conscious design, efficient and effective circulation systems which minimize automobile travel, offer a variety of housing types, styles and price ranges, encourage the conservation of land resources, and locate employment and retail centers in close proximity to housing. This Mixed-Use Traditional Development District is intended to allow use flexibility and design flexibility and to encourage the following development standards:

Provide for an efficient use of land and public resources resulting in co-location of harmonious uses to share facilities and services in a logical network of utilities and streets;

Enhance the appearance of land through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open space in excess of existing standards in other zoning districts;

Ensure a more rational and compatible relationship between residential and non-residential uses for the benefit of all;

Provide a range of residential, commercial, cultural and institutional land uses;

Offer a range of housing opportunities;

Establish a neighborhood identity and focus;

Provide safe and efficient neighborhood identity and focus;

Encourage concentrated land use patterns which decrease the length of automobile travel, allow trip consolidation and encourage pedestrian circulation between land uses;

Increase and promote the use of pedestrian routes, bicycle routes, and the use of non-motorized vehicles;

10.

Use vertical or horizontal integration of residential and commercial uses;

11.

Design which provide for the compatible cohabitation of residential and non-residential uses;

12.

Permit flexible property development regulations;

13.

Utilize multiple-family homes to provide a transition area between commercial uses and adjacent residential development; and

14.

Apply certain development regulations to the entire district rather than to individual lots such as, but not limited to:

Access;

Parking;

Lot size and dimensions;

Lot frontage; and

Landscaping.

Permitted Uses. The Mixed-Use Traditional Development District shall offer a mix of land uses in order to provide commercial services and employment opportunities for the residential population and surrounding areas. Commercial, residential, cultural, recreational and institutional uses shall be in accordance with the following listing of permitted uses:

Residential Land Uses. Single-family, multiple-family, senior citizens and apartment dwellings on moderate to small sized lots and, where appropriate, in conjunction with commercial and retail uses are permitted. This form of development permits higher overall densities than permitted under conventional suburban-type development, permits unique dwelling unit types, the size, width and height of which may be limited but only by consistency with the character of the development. This form of development permits and may require slightly smaller lots than permitted within other zoning districts, higher maximum heights, as well as restricted maximum and minimum setbacks for single-family, multiple-family and apartment dwellings than permitted under other zoning districts. Based on the total acreage of any mixed-use development under a single development plan, the overall residential density of the entire development shall not exceed six (6) dwelling units per acre. However, the maximum density of the residential area within any mixed-use development under a single development plan shall not exceed twenty (20) dwelling units per acre.

Institutional Land Uses. Passive outdoor public recreational uses, active outdoor public recreational uses, indoor institutional uses, outdoor institutional uses, public service and utilities uses and institutional residential uses are permitted uses as described below:

Passive Outdoor Public Recreational Uses. Passive outdoor public recreational land uses, including all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, nature areas, wildlife areas, hiking trails, bike trails, cross-country trails, horse trails, open grassed areas not associated with any particular active recreational land use, picnic areas, picnic shelters, gardens, fishing areas and similar land uses.

Active Outdoor Public Recreational Uses. Active outdoor public recreational land uses, including all recreational land uses located on public property which involve active recreational activities. Such land uses include play courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses and similar land uses.

Indoor Institutional Uses. Indoor institutional land uses include all indoor public and not-for-profit recreational facilities (such as gymnasiums, swimming pools, libraries, museums and community centers), public and private schools, churches, funeral homes, non-profit civic organizations, non-profit fraternal organizations, convention centers, conferencing centers, telecommunication learning centers and similar land uses.

Outdoor Institutional Uses. Outdoor institutional land uses include privately held permanently protected green space areas, country clubs, non-public golf courses, public and/or private art and cultural displays both transient and permanent and similar land uses.

Public Service And Utilities Uses. Public service and utilities land uses include all City, County, State and Federal facilities (except those otherwise treated in this Section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities and similar land uses.

Institutional Residential Uses. Institutional residential land uses include group homes, convents, monasteries, senior citizen housing within assisted living or long-term/skilled nursing facilities, and similar land uses not considered to be community living arrangements.

Commercial Land Uses. Traditional commercial activities providing employment opportunity to residents of the City, and economic activity primarily to serve adjacent residential areas are permitted uses as described herein. Certain uses which would function more effectively in other districts and which would interfere with the operation of these business activities, adjacent residential areas or the purpose of this Mixed-Use Traditional Development District are excluded. As with residential uses within this district, this form of development permits and may require slightly smaller lots than permitted within other zoning districts, higher maximum heights, as well as restricted maximum and minimum setbacks different from those permitted under other zoning districts. This land use permits commercial uses identified as office, personal or professional service, indoor sales or service, indoor commercial entertainment, invehicle sales and service, outdoor display and sales, commercial animal boarding, commercial indoor lodging, group daycare center [six (6) or more children] as described below:

Office. Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

Personal Or Professional Service. Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such land uses include professional services, insurance services, realty offices, financial services, medical offices and clinics, banking and financial institutions, veterinary clinics, barber and beauty shops and related land uses.

Indoor Sales Or Service. Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or non-personal or non-professional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats, artisan craft production, such as consumer ceramics, custom woodmaking, or other production activities directly associated with retail sales are permitted as accessory uses. Other accessory uses include display stands or service areas located outdoors, in limited space, immediately and only adjacent to the primary sales or service facility.

Indoor Commercial Entertainment. Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks and pool halls. All commercial establishments which offer live entertainment shall be required to obtain a live entertainment business license per Chapter 635 of the Municipal Code.

In-Vehicle Sales And Service. In-vehicle sales and service land uses include all land uses which conduct sales and/or perform services to persons in vehicles or to vehicles which may be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use. This use shall require approval of a conditional use permit. If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Outdoor Display And Sales. Outdoor display and sales land uses are typically permitted only as an accessory use and include all land uses which conduct sales or display merchandise or equipment on a permanent basis outside of an enclosed building accessory to or incidental to a principal use on the lot, including patio seating for restaurants and/or outdoor kiosks. Outdoor display and sales shall be permitted as a primary use such as a farmer's market or similar type use with the approval of a conditional use permit. If this conditional use was not part of the approval area plan, it shall require review and approval of an amended area plan.

Commercial Animal Boarding. Commercial animal boarding land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas and trails associated with such land uses are considered accessory to such land uses and do not require separate approval. This use shall require approval of a conditional use permit. If this conditional use was not part of the approval area plan, it shall require review and approval of an amended area plan.

Hotels. Hotels, as such are defined in this Chapter and on-site facilities such as indoor recreational facilities for the exclusive use of the hotel's transient guests. Restaurants, arcades, fitness centers and other on-site facilities available to the general public are considered accessory uses.

Group Daycare Center [Six (6) Or More Children]. Group daycare centers are land uses in which qualified persons provide child care services for six (6) or more children. Examples of such land uses include daycare centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business or civic organization. This use shall require approval of a conditional use permit. If this conditional use was not part of the approval area plan, it shall require review and approval of an amended area plan.

Additional Accessory Uses. Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. With the exception of a carriage house [see Subsection (B)(4)(a)(1)(a) and (b), below], in no instance shall an accessory use, cellar, basement, tent or trailer be used as a residence. In addition to the specific regulations below for individual accessory uses and structures, all such uses and structures shall conform with the following standards:

Carriage House. A carriage house means secondary dwelling or office unit located on the same lot as the principal single-family dwelling. Only carriage houses used as a secondary dwelling shall not be considered "dwelling units" for the purpose of calculating maximum allowable density for the Mixed-Use Traditional Development District. A carriage house may be an accessory dwelling that is a complete, independent living facility equipped with a kitchen and with provisions for sanitation and sleeping or an accessory office.

(1)

A carriage house used as a second dwelling may include a garage alone, a garage and apartment or an apartment alone and shall comply with the following supplementary use standards:

(a)

Number Of Units. A maximum of one (1) dwelling may be permitted as an accessory use to a single-family dwelling. The accessory dwelling may be attached to the principal dwelling unit or may be freestanding.

(b)

Floor Area. The accessory dwelling shall not exceed eight hundred (800) square feet floor area, except when located on a lot that is at least one (1) acre in size, in which case the dwelling shall not exceed one thousand (1,000) gross square feet floor area. The floor area calculation shall include only that area of the accessory dwelling under a solid roof.

(c)

Additional Floor Area. Floor area under a solid roof that is utilized as a porch, patio, porte cochere or carport shall not exceed five hundred (500) square feet and this area shall not be enclosed.

(d)

Number Of Bedrooms. Accessory dwellings shall contain a maximum of one (1) bedroom.

(e)

Compatibility. The accessory dwelling shall be architecturally compatible in character and materials and be subordinate in size to the principal dwelling unit.

(f)

No Separate Ownership. The accessory dwelling shall remain accessory to and under the same ownership as the principal single-family dwelling unit and shall not be subdivided or sold as a condominium.

(2)

A carriage house used as an office unit may include a garage alone, a garage and apartment, or an apartment alone shall comply with home office use regulations as contained herein and shall comply with the following supplementary use standards:

(a)

Number Of Units. A maximum of one (1) office may be permitted as an accessory use to a carriage house.

(b)

Floor Area. The office unit shall not exceed eight hundred (800) gross square feet floor area, except when located on a lot that is at least one (1) acre in size, in which case the dwelling shall not exceed one thousand (1,000) gross square feet floor area. The floor area calculation shall include only that area of the accessory office under a solid roof.

(c)

Additional Floor Area. Floor area under a solid roof that is utilized as a porch, patio, porte cochere, carport or garage shall not exceed five hundred (500) square feet and this area shall not be enclosed.

(d)

Compatibility. The accessory office unit shall be architecturally compatible in character and materials and be subordinate in size to the principal dwelling unit.

(e)

Setbacks. The accessory office unit shall comply with the minimum yard setbacks applicable to the principal single-family dwelling unit.

(f)

No Separate Ownership. The accessory dwelling shall remain accessory to and under the same ownership as the principal single-family dwelling unit and shall not be subdivided or sold as a condominium.

On-Site Parking Lot. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operable. Parking lots shall be designed in accordance with Article XII of the Zoning Code.

Private Residential Recreational Facility. This land use includes all active outdoor recreational facilities located on a private residential lot, including basketball courts, tennis courts, swimming pools and recreation-type equipment. Facilities using night lighting of activity areas shall require approval of a conditional use permit. If this conditional use was not part of the approval area plan, it shall require review and approval of an amended area plan.

Company Cafeteria. A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets the State of Missouri and/or St. Charles County food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.

Company Provided On-Site Recreation. A company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use and which is reserved solely for the use of company employees and their guests. Facilities using night lighting of activity areas shall require approval of a conditional use permit. If this conditional use was not part of the approval area plan, it shall require review and approval of an amended area plan.

The collocation of wireless telecommunication antennas on existing wireless telecommunication support structures, disguised telecommunication facilities and mounted antenna telecommunication facilities.

Home Based Businesses. Home based business means a business, profession, occupation, trade, artisan or hand craft conducted within a dwelling unit for gain or support by a resident of the dwelling unit pursuant to the limits of this Section. A home based business use shall not include those businesses which are required by State agencies to be open to the public such as gun dealers. A home based business use shall be subject to the following supplementary use standards:

(1)

All home based businesses shall comply with the requirements of Section 400.280.

(2)

Vehicles. One (1) business-related vehicle per dwelling unit not over one (1) ton rated capacity may be parked at the home, providing all of the following conditions are met: vehicle is registered or licensed and operable; used by a resident of the premises; gross weight does not exceed ten thousand (10,000) pounds, including load; height does not exceed nine (9) feet, including any load, bed or box; and total vehicle length does not exceed twenty-six (26) feet; the vehicle has no permanent signage related to the home occupation contained anywhere on the vehicle; and the vehicle is not construction equipment (such as a backhoe, bulldozer, forklift, etc.).

Temporary Uses.

(1)

Contractor's Project Office. Includes any structure containing an on-site construction management office for an active construction project;

(2)

Contractor's On-Site Equipment Storage Facility. Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project; and

(3)

On-Site Real Estate Sales Office. Includes any building which serves as an on-site office for a development project.

Development Procedures And Standards.

Rezoning To The Mixed-Use Traditional Development District. A petition may be submitted for rezoning to the Mixed-Use Traditional Development District in conjunction with an application for area plan approval or prior to area plan submittal. However, with the exception of grading, no development may take place on a site rezoned to the Mixed-Use Traditional Development District until both an area plan and final plan have been approved by the City Council.

Minimum Lot Area. The minimum land area to be developed under any single development plan shall be five (5) acres.

Required Mix Of Uses. All mixed-use developments shall be designed and developed to provide an appropriate interrelationship between the residential and non-residential uses within the development area in accordance with the following requirements:

A minimum of twenty percent (20%) of the land area within any mixed-use development under a single development plan shall be devoted to residential use. A minimum of twenty percent (20%) of the land area within any mixed-use development under a single development plan shall be devoted to non-residential development. The remaining development area may go to either residential or non-residential use, up to a maximum of eighty percent (80%). These percentages shall be calculated using the square feet of gross land area devoted to each the residential and non-residential uses, minus the area devoted to public right-of-way. The percentage of land area devoted to buildings with combined residential and non-residential uses shall be permitted to be calculated towards either the percentage of land area devoted to residential or non-residential use in order to meet this requirement.

Residential land uses in an institutional setting, such as group homes, convalescent homes, rehabilitation centers, limited care facilities, senior citizen housing within assisted living or long-term/skilled nursing facilities, convents, monasteries and similar land uses, shall not be permitted to be calculated towards the minimum twenty percent (20%) land area requirement for residential or non-residential uses outlined above.

Residential Density. Based on the total acreage of any mixed-use development under a single development plan, the overall residential density of the entire development shall not exceed six (6) dwelling units per acre. However, the maximum density of any exclusively residential area within any mixed-use development under a single development plan shall not exceed twenty (20) dwelling units per acre.

Maximum Building Heights. No building or structure should exceed fifty (50) feet. The Planning and Zoning Commission and City Council may allow additional height to a maximum of six (6) stories when it is determined:

The building heights are in appropriate scale to their surroundings both internal and external to the site.

Building design and orientation effectively preserve clearly identified significant view corridors from and through the development site.

The applicable fire protection district can provide the necessary emergency fire protection and emergency access.

The building height will not interfere with St. Charles County's emergency microwave communications system. For purposes of this Subsection, the lack of interference may be shown by submitting a letter from or written findings of the St. Charles County Emergency Communications System Manager after review of the site and building plans.

Off-Street Parking And Loading. The minimum off-street parking and loading requirements for any use or building in the Mixed-Use Traditional Development District shall not be reduced below that required per Article XII of the Zoning Code for the same use or building in any other zoning district.

Standards For Review Of The Area Plan. The area plan shall be reviewed on the basis of whether or not it is meeting the purposes and intent of the Mixed-Use Traditional Development District, including: a balanced land use mix, which develops neighborhoods; treats edged areas as a network of connecting open-spaced corridors; provides a pedestrian orientation in scale within the neighborhoods at a human scale; offers connections between the neighborhoods, residences, shopping, employment and recreational uses so that they are connected by sidewalks or pedestrian paths, bicycle paths or bicycle lanes and driveways and local streets; creates neighborhoods where there is mixed use (residential and non-residential uses), buildings having vertical integration and encouraging by design the cloistering of living, working, recreation, open space, shopping and civic uses; and offers a range of housing so that people of different social and economic backgrounds may live in the same neighborhood, including a range of housing types such as single-family detached, town house, multiple-family and accessory structures.

The area plan for the Mixed-Use Traditional Development District shall show a design for a circulation system based upon a hierarchy of transportation methods. The hierarchy shall attempt to consider pedestrians as the most important followed by cyclists, non-motorized vehicles and then automobiles. This system shall be designed to connect and provide access between different land uses within each neighborhood and the surrounding areas by providing pedestrian and bicycle linkages, including, but not limited to, walking paths, sidewalks and bike trails or bike lanes. Parking areas shall be designed to encourage the pedestrian nature of the development. The area plan shall provide facilities for seating, bicycle parking, etc., to encourage non-vehicular on-site circulation.

As part of the area plan submittal a general summary of the proposed development standards, including architectural guidelines for each land use within the development shall be provided. At the time of final plan approval, detailed information, including the covenants and restrictions on the development standards and architectural controls, shall be provided. Such standards and controls shall be consistent with the concepts of Mixed-Use Traditional Development District as outlined within this Section.

Public Hearing Notification And Sign Posting Requirements. The area plan shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code.

Standards For Review Of The Final Plan. The area plan shall be followed by the final plan(s). The final plan(s) shall be submitted in accordance with the requirements of Article V — Planned Developments and Planned Unit Development of the Zoning Code. The final plan(s) shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code.

Conditional Uses. The following conditional use procedures and standards apply to all conditional uses identified under Subsection (B) hereof. The purpose of these provisions, modeled on and adopting certain of the provisions of Article VII of Chapter 400 of the City of O'Fallon Zoning Code relating to conditional uses, is to facilitate site planning and community planning within the Mixed- Use Traditional Development District. These procedures and standards are intended to achieve the objectives of the Mixed-Use Traditional Development District and safeguard the present and future use and development of the Mixed-Use Traditional Development District while promoting and protecting the public health, safety and welfare of the City.

In addition to those conditional uses identified under Subsection (B) hereof, conditional uses, as defined herein, are those types of uses, not identified on the area plan or the amended area plan, which are considered by the City to be essentially desirable and necessary, or convenient to the community, but which by their natures or in their operation:

Adjoin too closely to a permitted use within the Mixed-Use Traditional Development District such that the conditional use could have a detrimental impact on the value or potential development of the adjacent properties; or

Have a tendency to generate excessive traffic; or

Have a potential for attracting a large number of persons to the Mixed-Use Traditional Development District, thus creating noise or other pollutants; or

Have an extraordinary potential for accidents or danger to public health or safety.

Remaining Provisions Apply. The provisions of Sections 400.305, 400.310, 400.320 and 400.330 for conditional uses under Article VII of the Zoning Code, shall be applied with the same force and effect for the application and approval process for conditional uses in this Mixed-Use Traditional Development District.

Action By The Planning And Zoning Commission And The City Council. Upon receiving the application for conditional use permit from the Planning and Zoning Commission, the City Council shall publish notice and hold public hearings on the proposal. Procedures for public hearings shall be handled the same as a zoning amendment as described in Article XVI of the Zoning Code. The decision to recommend approval or denial of the proposed conditional use shall be based on the following criteria:

The proposed conditional use complies with all applicable provisions in place for the area plan of the Mixed-Use Traditional Development District.

The proposed conditional use at the specified location will contribute to and promote the welfare and convenience of the public.

The proposed conditional use will not cause substantial injury to the value of other property in the area in which it is to be located.

The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not prevent development and use of property within the Mixed-Use Traditional Development District in accordance with uses identified in Subsection (B) hereof.

Adequate utility, drainage, and other such necessary facilities have been or will be provided.

Adequate access, entrance and exit drives will be provided and shall be designed to prevent traffic hazards and to minimize traffic congestion and parking congestion in the area.

The proposed conditional use complies with all the applicable provisions of Section 400.330 (additional development requirements of certain conditional uses).

In consideration of requests for any conditional use permit, the Planning and Zoning Commission and City Council shall require such conditions of use, not inconsistent with the approved area plan and the trust indentures/covenants/deed restrictions for the area, as deemed necessary to protect the best interests of the City and the surrounding property and to achieve the objectives of this Mixed-Use Traditional Development District. If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Additional Development Requirements Of Enumerated Conditional Uses.

In-Vehicle Sales And Services. This conditional use shall not be permitted in exclusively residential areas within the Mixed-Use Traditional Development District and as identified in the approved area plan. This conditional use shall not be permitted within an area designated as a village center or exclusively residential area on the approved area plan. If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Commercial Animal Boarding. This conditional use shall not be permitted in exclusively residential areas within the Mixed-Use Traditional Development District as identified in the approved area plan. If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Group Daycare Center [Six (6) Or More Children]. This conditional use shall not be permitted in exclusively residential areas within the Mixed-Use Traditional Development District as identified in the approved area plan. If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Night Lighting Of Private Residential Recreational Facility. Any approval for night lighting of activities as an accessory use for private residential recreational facilities within the Mixed-Use Traditional Development District shall require a conditional use permit and be conditioned on:

(1)

That the height of the night lighting not exceed the height of the primary residential unit on the residential lot; and

(2)

That the primary beam of lighting be permanently directed away from sight from other residences and completely comply with the City's exterior lighting standards.

(3)

If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Night Lighting Of Company Provided On-Site Recreation. Any approval for night lighting of activities as an accessory use for company provided on-site recreation within the Mixed-Use Traditional Development District shall require a conditional use permit and be conditioned on:

(1)

That the height of the night lighting not exceed thirty (30) feet;

(2)

That the primary beam of lighting be permanently directed away from sight from residences and will completely comply with the City's exterior lighting standards;

(3)

That the activity for which nighttime lighting is used shall be limited to company uses and shall not be allowed within exclusively residential areas.

(4)

If this conditional use was not part of the approved area plan, it shall require review and approval of an amended area plan.

Wireless telecommunication facilities that include new or modified wireless telecommunication support structures.

Section 400.162 Senior Community Overlay District.

[Ord. No. 7042, 8-24-2023]

Purpose. The purpose of the Senior Community Overlay District is to encourage development of residential communities for persons fifty-five (55) years of age and older by allowing for a greater variety of uses and building types at a higher density than would normally be allowed and allowing greater flexibility in site planning so as to promote affordable housing and the preservation of open space within the development. It is intended that a senior community development provide a range of housing types and facilities that are responsive to the health care and recreational needs of senior residents. The senior community should be a well integrated development in terms of land use, functional systems, and major design elements such as buildings, roads, utilities, sewers, drainage systems and open space. Design standards should be supportive of a cohesive development while providing a sense of community.

General Requirements.

Locations. The Senior Community Overlay District is an overlay zoning district that shall be superimposed on the "R-1," "R-2," "R-3," "R-4," "R-5," "C-O," "C-2" and "MUTDD" Districts.

Conditional Use Permit. Senior communities shall be authorized only by a conditional use permit granted by the City Council in compliance with Section 400.300 et seq. of this Code.

Permitted Uses.

Uses Allowed By Right. The following uses shall be allowed by right within the Senior Community Overlay District:

All uses permitted by right in the underlying base zoning district.

Uses Allowed By Conditional Use Permit. In addition to the conditional uses listed in Appendix A,[1] the following uses may be permitted within a Senior Community Overlay District upon the granting of a conditional use permit:

A senior community development (senior community).

[1]

Editor's Note: See Title IV, Appendixes.

General Standards And Density Determination.

General Standards. A senior community shall comply with the following general standards:

All dwellings in a senior community shall be subject to an age restriction described in a deed/deed rider or restrictive covenant and shall be reviewed by the City Attorney and approved by the City Council. The age restriction shall limit the dwelling units to occupancy by seniors age fifty-five (55) or older; or their spouses of any age; or other persons if medical need can be established to the satisfaction of the association. The conditional use permit and the age restrictions described above shall run with the land and shall be enforceable by any owner(s) of dwelling units in the senior community.

A senior community shall contain a minimum of four (4) housing units as defined in this Section.

Upon approval by the Council, a senior community may include accessory retail uses intended for use and benefit of the senior community residents. The total amount of gross building floor area used for accessory retail uses shall not exceed five percent (5%) of the total gross building floor area for the entire senior community.

Upon approval by the Council, a senior community also may include a Senior Community Center or community building(s) intended for the use and benefit of the senior community residents, provided that such use(s) shall not occupy more than ten percent (10%) of the total gross building floor area constructed within the approved senior community. The maintenance of such facilities shall be the responsibility of the residents, owners or their agents.

Density Determination.

For the purposes of this Section, one (1) housing unit shall be defined as equal to:

(1)

One (1) home site in a senior community residential subdivision or one (1) senior community town house;

(2)

Two (2) dwelling units or rooms in an assisted living or congregate living residence facility, or independent living residence facility;

(3)

Three (3) dwelling units or rooms in a long-term care or skilled nursing facility.

Table One
	"R-1" and "R-2" (housing units per acre)	"R-3," "R-4," "R-5," "C-O," "C-2" and "MUTDD" (housing units per acre)
Single-family homes town houses	4	8
Assisted living or independent living	8	12
Long-term or skilled nursing	12	16

The preceding table illustrates the maximum number of housing units per acre permitted for a given senior community site.

An applicant or developer of a senior community is not entitled to the maximum number of housing units described above. The allowable increased density, up to the calculated maximum number of housing units for the given senior community site, is at the discretion of the Council based on an evaluation of the proposed development plan's impacts and benefits.

Senior Community Site Development Standards.

Open Space Standards.

Provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space.

A minimum of forty percent (40%) of the required senior community open space shall be suitable for use for passive and/or active recreational purposes.

The following shall not be counted as part of the required senior community open space: median strips, landscaped areas within parking lots, constructed stormwater management facilities, including retention basins, lawn/landscaped areas on individual home site lots or private residential yards.

Dimensional Standards.

There shall be no minimum standards for internal setbacks within the senior community unless required by the Council in its issuance of a conditional use permit based on specific findings that there is need for greater physical separation of specific buildings or uses, except where noted in this Section.

In a senior community residential subdivision, each lot in the senior community shall have a minimum front yard of not less than twenty-five (25) feet; a side yard of not less than six (6) feet, except in the case of a corner lot or parcel where the side yard on the road or street shall not be less than twenty-five (25) feet; and a rear yard of not less than twenty-five (25) feet.

Each building in the senior community shall be set back a minimum of twenty-five (25) feet from a senior community's perimeter lot lines. This minimum setback shall be increased by two (2) feet for each foot the proposed building is over thirty (30) feet in height. The maximum height of any structure in a senior community shall be no greater than thirty-five (35) feet, except buildings in the "R-4" Residence District and the "C-O" and "C-2" Commercial Districts where the maximum height of any structure shall be no greater than forty-five (45) feet. The setback or buffer area shall be maintained as a densely planted landscape buffer.

In a senior community residential subdivision, each lot shall be a minimum of five thousand (5,000) square feet. All other provisions of the Chapter 405, Subdivision and Land Development, shall be met as applicable.

Parking Standards.

Within a senior community residential subdivision, a minimum of one (1) off-street parking space shall be required for each dwelling unit; a minimum of five-tenths (0.5) parking spaces shall be provided for each independent living or congregate living unit; a minimum of two-tenths (0.2) parking space for each assisted living facility, long-term care or skilled nursing facility. Additionally, one (1) space for every two (2) employees on the maximum shift plus one (1) space for every vehicle customarily used in the operation of the use shall be provided.

The parking spaces shall be provided on the same lot as the dwellings or on a contiguous lot within the senior community, provided that there are easements ensuring rights of access, use and maintenance. The Council may, as a condition of granting a conditional use permit for the senior community, require additional off-street parking areas be provided for use in common by dwelling unit owners, employees of the facility and guests.

No parking facility shall contain more than fifty (50) parking spaces and shall be sited to the side or rear of buildings and shall minimize visibility from public and private streets.

Parking facilities shall be adequately buffered and shaded. Parking lots containing three (3) or more spaces shall be planted with at least two (2) trees per three (3) spaces. Shade trees shall be a minimum of two and one-half (2 1/2) inches in diameter.

A minimum of one (1) off-street parking space shall be required for each three hundred (300) square feet of gross building area occupied by a permitted accessory retail use. The Council may reduce this requirement if the nature and design of a particular senior community indicates that parking demand will be lower due to enhanced pedestrian access or a reduced reliance on motor vehicle travel within the senior community. The required parking spaces shall be provided on the same lot as the permitted use or on a contiguous lot (within the senior community), provided that there are easements ensuring rights of access, use and maintenance. The Council may, as a condition of granting a conditional use permit for the senior community, require additional off-street parking areas to be provided for accessory uses within the senior community.

Landscaping, Shade Trees And Infrastructure.

Street trees shall be planted on each side of public and private streets. Street trees shall be at least two and one-half (2 1/2) inches in diameter and shall be spaced at intervals no greater than twenty (20) feet along both sides of the street.

Senior community perimeter bufferyards shall provide for a minimum of five (5) plant units, as defined in Section 402.020 of this Code, for every one hundred (100) lineal feet of frontage where the bufferyard is required when abutting commercial, industrial, high tech and mixed-use districts and two and one-half (2 1/2) plant units when abutting residential districts. Landscape materials shall consist of evergreen trees measuring eight (8) feet to ten (10) feet tall, deciduous trees measuring four (4) inches in caliper, flowering or ornamental trees measuring two (2) inches in caliper and shrubs measuring twenty-four (24) inches tall.

All roadways and driveways serving more than one (1) dwelling shall be a maximum paved width of twenty-five (25) feet. Sidewalks shall be provided along both sides of the street.

All private roadways, driveways and parking areas within the senior community shall be maintained by the applicant, developer of the senior community, its assigns or owners or their agents in perpetuity unless dedicated for public use.

All utilities shall be underground.

No mobile homes or trailers shall be allowed to be used as dwelling units in the senior community.

Solid waste storage, air conditioners, loading areas and the like shall be shielded from view by walls, dense vegetation or fences.

Compliance.

No conditional use permit shall be issued without appropriate restrictions to ensure that the provisions of this Section are made binding upon the applicant and his/her successors and heirs. These deed restrictions and indentures shall be enforceable by the City and can not be changed or otherwise amended without the City's consent.

No certificate of occupancy, temporary or permanent, shall be issued for any unit in a senior community until all deed restrictions, covenants, transactions and/or other documents necessary to ensure compliance by the applicant with the requirements of this Section have been submitted and executed.

Section 400.163 Downtown Overlay District.

[Ord. No. 7042, 8-24-2023; Ord. No. 7204, 4-24-2025]

Purpose Of The District. The purpose of this district is to recognize the unique and historic attributes of the area identified as Downtown on the Official Zoning District Map and to encourage the redevelopment and revitalization of this area with a mix of retail, service, office, government, institutional, religious, restaurant and hospitality uses together with residential uses. The regulations of this overlay district are intended to allow greater design flexibility in development than is permitted by the other district regulations. The regulations are further intended to enhance the aesthetic appearance and streetscape of the public and private spaces within the area.

Because of the flexibility afforded by these regulations, the Planning and Development Department will be responsible for researching all property owners whose boundary limits are abutting (excluding right-of-way) the property which is the subject of a site plan submission. The Department shall notify all such abutting property owners of the Planning and Zoning Commission meeting when the site plan will be considered. Notices shall be postmarked at least seven (7) days prior to the Planning and Zoning Commission meeting. In addition, the Planning and Development Department shall erect a sign, at least six (6) square feet in size, on the property advertising notice of the meeting at least seven (7) days prior to the Planning and Zoning Commission meeting.

Furthermore, a written explanation shall be included with any development applications that outlines any minimum code requirements that are being requested to be modified as allowed by the Downtown Overlay District.

The City recognizes the importance of technology and supports any steps necessary to upgrade and increase the capacity and capabilities of digital networks in the downtown area.

Zoning Categories And Application Of Overlay District Regulations To Existing Uses.

The following zoning categories and permitted and conditional uses therein are allowed in the Downtown Overlay District:

"R-2," "R-3," "R-4," "C-O," "C-1," "C-2" and "P-R":

(1)

Permitted Uses. The listing of permitted uses in "R-2," "R-3," "R-4," "C-O," "C-1" and "C-2" is set out in Section 400.163(N).

(2)

Conditional Uses. The listing of conditional uses in "R-2," "R-3," "R-4," "C-O," "C-1" and "C-2" is set out in Section 400.163(N).

Mixed-Use Traditional Development District. The listing of permitted and conditional uses is set out in Section 400.161(B). Developments in the MUTDD Zoning District larger than ten (10) acres in total size may increase the allowed number of residential units per acre as reviewed and approved by the Planning and Zoning Commission and City Council.

Existing land uses which are otherwise permitted under the Downtown Overlay District regulations shall be considered conforming uses even if the property has a different zoning category than those set forth in Subsection (B)(1) above.

Non-Conforming Uses.

Existing land uses which are not permitted under the Downtown Overlay District shall be considered non-conforming uses. Notwithstanding the provisions of Chapter 400 pertaining to non-conforming uses, the owner of such property may make improvements to the parcel on which the non-conforming use is located as long as the improvements do not result in more than a minor increase in the intensity of the non-conforming use. Under no circumstances shall the property used for the non-conforming use be expanded. Such determination shall be made by the Planning and Zoning Commission as part of site plan review and approval.

Any improvements to property used for a non-conforming use shall comply with the underlying district regulations applicable to such improvements. A non-conforming use shall not benefit from the flexibility afforded by these Downtown Overlay District regulations.

Existing land uses which are considered conditional uses under the Downtown Overlay District shall require a conditional use permit before any improvements or changes are made with respect to the parcel or the use.

Building/Structure Height. No building or structure should exceed fifty (50) feet or three (3) stories. The Planning and Zoning Commission and City Council may allow additional height to a maximum of six (6) stories when it is determined that:

The building heights are in appropriate scale to their surroundings both internal and external to the site.

Building design and orientation effectively preserve clearly identified significant view corridors from and through the development site.

The applicable fire protection district can provide the necessary emergency fire protection and emergency access.

Lot Area Requirements. There are no minimum lot area requirements in this District; provided, however, that the lot size shall be sufficient to accommodate the proposed use with all appurtenant requirements which shall be determined by the Planning and Zoning Commission as part of site plan review and approval.

Lot Coverage Requirements. There are no lot coverage requirements in this District except that a minimum of twenty percent (20%) of the lot shall be landscaped green space. However, the Planning and Zoning Commission may require additional landscaping in order to mitigate adverse conditions on surrounding property or may allow additional lot coverage because of unique conditions of the parcel and such is compatible with surrounding areas. Those determinations shall be made by the Planning and Zoning Commission on an individual basis and as part of site plan review and approval.

Setback Requirements. Setback requirements shall be consistent with the underlying zoning district. The setbacks can be reduced by the Planning and Zoning Commission to accommodate distinctive layout of improvements on the lot which is consistent with the character of the neighborhood, to protect features on the lot or because of unique conditions of the lot. Such determination shall be made by the Planning and Zoning Commission on an individual basis as reviewed and approved as part of a site plan.

Bufferyard Requirements. Setback requirements shall be consistent with the underlying zoning district. The setbacks can be reduced by the Planning and Zoning Commission to accommodate distinctive layout of improvements on the lot which is consistent with the character of the neighborhood or because of unique conditions of the lot. Such determination shall be made by the Planning and Zoning Commission on an individual basis as reviewed and approved as part of a site plan.

Parking Requirements.

The parking requirements for each development shall be as approved by the Planning and Zoning Commission in conjunction with site plan review and approval. Parking requirements shall be consistent with ordinance requirements when possible, but will be reviewed and considered on an individual basis after evaluating existing conditions and space available. In cases where minimum parking requirements cannot be provided on-site or a shared parking agreement cannot be acquired, the Planning and Zoning Commission shall review a parking plan. The Planning and Zoning Commission shall inform the City Council of the action taken on the parking plan.

For residential uses and businesses locating in the downtown area on previously developed property and which do not need site plan approval, the parking requirements shall be reviewed as part of the business license application. In cases where minimum parking spaces cannot be provided on-site or a shared parking agreement cannot be reached, the Planning and Zoning Commission shall review a parking plan. The Planning and Zoning Commission shall inform the City Council of the action taken on the parking plan.

For businesses and residential uses that do not meet the City minimum on-site parking requirements and have been approved by the Planning and Zoning Commission, a contribution of one thousand seven hundred dollars ($1,700.00) plus land cost per parking space below the minimum requirement shall be provided to the City. The funds gathered from these contributions will be used for the City to create or maintain public parking opportunities within the Downtown Overlay District.

Building Code Requirements For Existing Buildings. The City has adopted the International Existing Building Code. The current version as adopted by the City Council shall be followed for existing buildings in all cases as published by the International Code Council and is set out in Section 500.500 of the Municipal Code.

Screening Requirements. Screening shall be provided to obscure certain uses, or portions of a specific use, which by the scale or design represent a potential negative impact on adjacent properties. This screening will be accomplished by the use of fences, walls, hedges, landscaping, earth berms, natural buffers, or any combination thereof, as reviewed and approved by the Planning and Zoning Commission.

Dumpster and trash hauling areas.

Service entrances and utility facilities.

Loading docks or spaces.

Areas used for the outdoor storage of materials or equipment.

In addition to the standards set forth in Section 400.278 of this Chapter, the following standards apply to all screening:

Minimum height of any screening shall be that which is sufficient to visually separate uses within the subject property from adjoining properties and streets.

Height of any screening materials on a corner is controlled by vehicular sight distances.

Plant material used for screening shall be of evergreen varieties and shall be at least six (6) feet in height and no farther apart than ten (10) feet apart when planted.

All screening must be maintained and replaced as required to stay in compliance.

Public Roadway And Sidewalk Upgrades And Right-Of-Way Dedication. Because of space constraints, it is recognized that the traditional roadway and sidewalk cross sections established by the City Code will not work in many areas of this Downtown Overlay District. With this in mind, the Planning and Zoning Commission can determine the extent of public roadway and sidewalk improvements and right-of-way dedication to be required on new developments. A traffic study could be required to determine what improvements are necessary. In cases where a traffic study is not warranted, the City Engineer can determine the extent of the reduced roadway or sidewalk cross section improvements to be used. For the purpose of being consistent, as the City approves developments in the downtown area and on specific streets within the downtown area, the City will develop a pattern of the approved roadway and sidewalk cross sections, and these will provide a template for future projects. The Engineering Division shall collect and maintain a library of the roadway and sidewalk cross sections that get approved on projects within this district.

Detention Requirements. If it is proven that a detention basin cannot be accommodated on the site, stormwater facilities as described in the regulations outlined in Chapter 405, Subdivision And Land Development, Section 405.240(D)(2), shall be required.

Architectural, Site Design And Signage Guidelines. The following guidelines are considered voluntary and not a requirement. Please note that if a guideline is chosen to be followed, there are standards provided herein that will need to be followed.

Sign Guidelines.

Setbacks can be reduced in circumstances where the minimum setbacks cannot be met. Sight triangle and sight distance requirements shall not be modified.

Projecting Signs Are Allowed. If projecting into the City right-of-way a license agreement would be required.

The City's Sign Code includes further sign requirements as outlined in Chapter 410 of the Municipal Code.

Building Placement Guidelines.

Locate buildings close to the street [within twenty-five (25) feet of the curb] with off-street parking behind and/or beside buildings.

If the building is located at a street intersection, place the main building, or part of the building, at the corner. Parking, loading or service should not be located at an intersection without review and approval of the Planning and Zoning Commission.

To maximize the street frontage of buildings and minimize the street frontage of parking lots, buildings should be articulated so that the long side fronts on the street.

Outdoor Lighting Guidelines.

Use low-intensity of high-quality white light, which will provide good, uniform visibility while avoiding light pollutions.

Cutoff fixtures are preferred because they are more efficient than non-cutoff fixtures at casting light on the sidewalk and avoiding light spillage and pollution.

Use decorative bases, posts, luminaries and bollards in lieu of standard wood poles.

A lighting program should consider the illumination of sidewalks and other multi-use pathways using low-intensity fixtures that provide an even distribution of light while avoiding areas of intense shadows.

To consolidate the number of fixtures placed within the right-of-way, consider the co-location of light fixtures along with other streetscape elements on single poles (i.e., street lighting, pedestrian lighting and banners).

A substantial amount of lighting for pedestrians should be provided from the storefronts using either indirect illumination from within the building or direct illumination under canopies or awnings.

Site Landscaping Guidelines. The corners of street intersections, particularly gateways and site entries (entries from both street and sidewalk) should be distinguished by special landscape treatments: flower displays, specimen trees and shrubs, accent rocks, low walls, signage, decorative lighting, sculpture, architectural elements, and/or special paving. Features for vehicular entry points must meet the City's sight triangle requirements.

Vehicular Circulation Guidelines.

Whenever possible, internal access drives should be located to join together existing public streets and/or connect to adjacent private drives, so that the internal circulation functions as an integral part of the surrounding transportation network.

Provide at least one (1) vehicular link to each abutting property to the extent practical. This is most often accomplished by joining adjacent parking lots. If the lot is undeveloped or underdeveloped, provide (at an appropriate grade) part of the connection or maintain the potential for a future link.

Minimize or eliminate curb cuts along a public street. Where possible, share vehicular access with adjacent properties and/or utilize alleys for access.

Automobile Parking Guidelines.

Parking lots should be located behind buildings or in the interior of a block whenever possible. Parking lots should not occupy more than one-third (1/3) of the frontage of the adjacent building or no more than sixty-four (64) feet, whichever is less.

Shared parking is strongly encouraged between adjacent or vertically mixed uses whose peak demand is off-set from each other (e.g., office and housing).

Large surface parking lots larger than seventy-five thousand (75,000) square feet of vehicular surface should be visually and functionally segmented into several smaller lots enclosed by landscaping.

Parking lots along the street must be screened from the adjacent street and sidewalk by walls, fences, or landscaping.

General Street And Sidewalk Design Principle Guidelines.

Streets should be designed with street trees planted in a manner appropriate to their function. Commercial streets should have trees which complement the face of the buildings and which shade the sidewalk. Residential streets should provide for an appropriate canopy, which shades both the street and sidewalk, and serves as a visual buffer between the street and the home. The typical width of the street tree landscape strip is six (6) feet to eight (8) feet. This width ensures healthy street trees, precludes tree roots from heaving the sidewalk, and provides adequate pedestrian buffering.

Trees may be planted in tree wells with grates over the top to protect the roots. Irrigation should be provided. Large canopy trees such as oaks and maples should be planted a minimum of thirty (30) feet on center. Unit pavers are preferred over concrete. Where no on-street parking exists, all street trees shall be set back from the edge of the curb a minimum of four (4) feet.

General Building Design Guidelines.

New buildings should strive for a contextual approach to design. A contextual design approach is not intended to necessarily mean an historic approach, but rather one that is sensitive to the surrounding urban, built and natural conditions.

Adjacent buildings should relate in similarity of scale, height and configuration.

Facade Treatment Guidelines.

The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary public street. Such entrances shall be designed to convey their prominence on the fronting facade.

Buildings at street corners should be designed to address the corner, that is, to engage the interest of drivers, pedestrians and bicyclists at the intersection, provide a building entry, additional building mass, and distinctive architectural elements at the corner.

Use building massing, special architectural features, signage, and changes in the roofline to emphasize building entrances.

The ground level of the building must offer pedestrian interest along sidewalks and paths. This includes windows, entrances, and architectural details. Signage, awnings, benches and ornamentation are encouraged.

Canopies and awnings should be canvas or similar material and may be permitted to encroach over a sidewalk to within two (2) feet of a public street curb.

Listing Of Permitted And Conditional Uses Within The Downtown Overlay District.

[Ord. No. 7118, 6-27-2024]

Note: The letter P shall mean that the land use is outright "permitted" in the corresponding Zoning District. The letter C shall mean the land use is "conditionally permitted" in the corresponding Zoning District (thus requiring a conditional use permit granted by the City Council). The letter C-A shall mean the land use is "conditionally permitted" in the corresponding Zoning District (where a conditional use permit approved by the Planning and Zoning Commission is required).

Note: The abbreviations for the Zoning Districts are as follows:
R-2	Two-Family Residential District
R-3	Medium Density Residential District
R-4	Apartment Building District
C-O	Office District
C-1	Restricted Business District
C-2	General Business District

Land Use Category	Zoning District Permitted Use (P) Or Conditionally Permitted Use (C)
Land Use Category	R-2	R-3	R-4	C-O	C-1	C-2
A
Alcoholic beverages (liquor, beer and wine) -- retail					P	P
Alcoholic beverages (liquor, beer and wine) -- wholesale						C
Ambulance and fire protection services				P	C	P
Amphitheaters	C	C	C			C
Antique stores					P	P
Appliances (household) -- repair services						P
Appliances (including parts and equipment) -- retail					C	P
Aquariums						P
Arboretums and botanical gardens						P
Arcades						P
Arenas and fieldhouses						C
Armed forces recruiting centers						P
Artist galleries				P	P	P
Arts and crafts supply stores						P
Athletic fields, playgrounds, and tot lots	P	P	P	P	P	P
Auditoriums						P
Automobile and other motor vehicles -- fuel sales (without repair services)						C
Automobile and other passenger motor vehicles -- rental services						P
Automobile parking lots and garages (commercial)				C	C	C
B
Bait shops						P
Banks, savings and loans, and credit unions				P	P	P
Banquet halls and party centers						C
Bars, pubs, nightclubs, and taverns						C-A
Bed-and-breakfasts					C	C
Bicycles (including parts and equipment) -- retail					P	P
Bicycles -- rental services					P	P
Books, magazines, newspapers, and similar printed materials -- retail				P	P	P
Books, magazines, newspapers, and similar printed materials -- wholesale						C
Bowling alleys						P
Broadcast studios (Internet, radio, and television)				C		P
Building and construction materials -- retail						P
Bus (passenger terminals)						C
Business associations and professional membership organizations				P	P	P
C
Camera and photographic supplies -- retail					P	P
Carpet and floor covering stores						P
Casinos						C
Cemeteries and mausoleums (humans)	C	C	C	C	C	C
Charitable and welfare services				P		P
China, glassware, and metalware -- retail					P	P
City facilities	C	C	C	P	P	P
Civic, social, and fraternal associations				P	P	P
Civil defense and related activities				P	P	P
Clothing and apparel -- retail					P	P
Clothing and apparel -- wholesale						C
Commercial recreation not elsewhere listed (indoor)						C
Commercial recreation not elsewhere listed (outdoor)						C
Contractor services (carpentry, electrical, general construction, HVAC, plumbing, roofing, and similar services)						C
Contractor services office, no outside storage (carpentry, electrical, general construction, HVAC, plumbing, roofing, and similar services)						C-A
Convenience stores (with fuel sales)						C
Convenience stores (without fuel sales)					C	C
Convention centers						C
Country clubs	C	C	C	C	C	C
Curtains, drapery, and upholstery -- retail						P
D
Daycare center, adult	C	C	C	C-A	C-A	C-A
Daycare center, child	C	C	C	C-A	C-A	C-A
Delicatessens				C	P	P
Department and home improvement stores						P
Detective, private investigative, and protective services				P		P
Discount and variety stores						P
Drug stores and pharmacies				C	P	P
Dry cleaners and laundering services					P	P
Dwellings (boarding and rooming homes)					C	C
Dwellings (college and university dormitories)				C		C
Dwellings (convents and rectories)	P	P	P	P	P	P
Dwellings (in a non-residential-zoned structure)				C	C	C
Dwellings (group homes)	P	P	P
Dwellings (multi-family)		P	P
Dwellings (orphanages)		C	C
Dwellings (Senior Community Overlay District)	C	C	C	C		C
Dwellings (single-family attached)	P	P	P
Dwellings (single-family detached)	P	P	P
Dwellings (fraternity and sorority homes -- off campus)	C	C	C	C		C
Dwellings (fraternity and sorority homes -- on campus)				C		C
Dwellings (two-family)	P	P	P
E
Electric vehicle charging stations and lots				P	P	P
Electricity regulating substations	C	C	C	C	C	P
Electronic apparatus and components -- retail					C	P
Electronic apparatus and components -- wholesale						C
Electronic entertainment and communication products -- repair					C	P
Electronic entertainment and communication products (including parts and equipment) -- retail						C
Exhibition halls						P
Exterminating and disinfecting services						P
F
Farmers' markets						C
Farm machinery and equipment -- retail						C
Farm supplies (including feeds, grains, and hay) -- retail						C
Farms (roadside stands)					C	C
Flea markets (indoor and outdoor)						C
Florists				P	P	P
Food and beverage products (excluding alcoholic beverages) for human consumption (excludes bakeries, coffee shops, restaurants) -- wholesale						C
Food truck park						C
Funeral homes, mortuaries, and crematoriums						P
Furniture and home/office furnishings -- repair						P
Furniture and home/office furnishings -- retail					C	P
G
Garden centers, greenhouses (commercial) and nurseries					P	P
General stores and retail trade not elsewhere listed				P	P	P
Gift, novelty, and souvenir stores				C	P	P
Golf courses and golf driving ranges (outdoors)	C	C	C
Golf (miniature)						P
Grocery stores					P	P
Grooming (pet)					P	P
Gun shops and gunsmiths						C
H
Hardware stores					P	P
Health and fitness clubs					P	P
Heliport pads				C		C
Historic monuments and sites	P	P	P	P	P	P
Hobby stores					P	P
Hospitals				C		P
Hotels						C
I
Ice cream and frozen desserts -- retail				P	P	P
Ice skating and roller skating rinks (indoor)						P
J
Janitorial and cleaning services				C		P
Jewelry, watches, and clocks (including repair) -- retail					P	P
K
L
Labor unions and similar labor organizations				P		P
Landscape nurseries and garden supply stores					P	P
Laundromats					P	P
Laundry pickup and delivery services (clothing, diapers, linen, and similar services)						C
Libraries	C	C	C	P	P	P
Liquefied petroleum gas and other fuel oils -- retail						C
Locksmiths					P	P
M
Mail order facilities						P
Martial arts studios				P	P	P
Medical devices, equipment, and supply stores				C	P	P
Microbreweries within restaurants and do-it-yourself beer and wine-making stores				C-A	C-A	C-A
Military administration, command, and communication centers				C	C	C
Monuments -- retail						P
Motion picture distribution services				P		P
Motion picture production studios						C
Museums				P	C	P
Musical instruments (including parts and supplies) -- retail					P	P
N
Natural gas (pipeline rights-of-way)	P	P	P	P	P	P
Natural gas (pressure control stations)	C	C	C	C	C	C
Nursing, convalescent, and rest homes (not within a Senior Community Overlay District)						C
O
Office equipment and business machines -- repair					C	P
Office equipment and business machines -- retail						P
Offices -- medical services				P	P	P
Offices -- professional services				P	P	P
P
Paper products -- wholesale						C
Parks (public)	P	P	P	P	P	P
Personal care services (health spas, tanning beds, massage services license by State of Missouri, barber and beauty shops and similar uses)				P	P	P
Petroleum and other hazardous liquids (pipeline rights-of-way)	P	P	P	P	P	P
Pet stores					C	P
Photocopying and printing services				P	P	P
Photoengraving						C
Photofinishing services				P	P	P
Photographic equipment (including parts and supplies) -- retail					P	P
Photography studios				P	P	P
Pool and billiard halls						C
Post offices and private postal services					P	P
Printing and publishing (books, newspapers, magazines, and similar printed products)						P
Private clubs						C
Q
R
Radio and television transmitting stations and relay towers				C	C	C
Railroads (passenger terminals)	C	C	C	P	P	P
Railroads (right-of-way)	C	C	C	P	P	P
Recording studios						P
Recreation centers				C	P	P
Religious places of worship (churches, temples, synagogues, mosques)	C	C	C	P	C	P
Research, development, and testing services				C		P
Resorts						C
Restaurants, coffee shops, bakeries, and similar dining establishments with drive-through windows				C	C	C
Restaurants, coffee shops, bakeries and similar dining establishments (without drive-through windows) which sell or serve alcoholic beverages by the drink				C-A	C-A	C-A
Restaurants, coffee shops, bakeries and similar dining establishments (without drive-through windows) which do not sell or serve alcoholic beverages by the drink				P	P	P
S
Schools (colleges and universities)				C		C
Schools (athletic, trade and vocational)						P
Schools, private and public	C	C	C
Secondhand merchandise (including consignment) -- retail					C	P
Sewage pressure control stations	C	C	C	C	C	C
Sewage treatment facilities (membrane bioreactors)	C	C	C	C	C	C
Signs and advertising displays -- manufacturing						C
Small engine repair						P
Sporting goods stores					P	P
Stadiums						C
Substance abuse facility						C
T
Tailoring, garment, shoe, and upholstery repair					P	P
Tattoo and/or body piercing establishments					C	C
Taxicab, limousine, and car service dispatch						P
Telephone (business office)				P	C	P
Telephone (exchange stations)	C	C	C	P	P	P
Theaters, motion picture (indoor)						P
Theaters, performing arts (indoor)				P	C	P
Tobacco products (chewing tobacco, cigars, cigarettes, pipe tobacco, snuff, and similar products) -- retail					P	P
Toy stores						P
U
V
Veterinarian clinics and animal hospitals				C	C	P
Video game arcades						P
W
Water storage	C	C	C	C	C	C
Wineries (including the manufacturing and sale of wine)						C
Wireless telecommunication facilities (that do not include new or modified wireless telecommunication support structures)	P	P	P	P	P	P
Wireless telecommunication facilities (that include new or modified wireless telecommunication support structures)	C	C	C	C	C	C
X
Y
Z

Section 400.164 Sports Tourism Overlay District.

[Ord. No. 7154, 10-24-2024]

Purpose. The Sports Tourism Overlay District is intended to encourage the development of sports facilities, hotels, restaurants, and other complementary uses to support sports tourism in the community. This overlay district allows for a mix of uses and development standards tailored to accommodate the unique needs of sports tourism facilities and supporting businesses while resembling a cohesive development.

Definitions.

SPORTS FACILITY

Building(s) or structure(s) under common operation or ownership designed for sports activities or games indoors with a minimum size to accommodate multiple fields. These can include sports fields, various courts, fitness rooms, gyms, swimming pools, locker rooms, and seating areas for spectators. These buildings or structures can also be designed to accommodate other uses when not being used for sports events.

SPORTS TOURISM

A type of tourism based around traveling to a destination to actively participate in or spectate various sporting events.

General Standards.

Locations. The Sports Tourism Overlay District is an overlay zoning district that shall be superimposed on the "C-2" District.

The Sports Tourism Overlay District shall require a mix of uses, including, but not limited to, sports facilities, hotels, extended stay facilities, restaurants, etc.

To promote a unique feel to these developments, areas or sections of the exterior façade of buildings can be designated as spaces for art installations or paintings. These designated spaces or sections of the exterior façade can be changed as needed and shall not require a sign permit.

For properties in the Sports Tourism Overlay Zoning District that are adjacent to any right-of-way for Interstates 70 and 64 and Route 364, any building facade that fronts these roadways may increase their wall sign allowance by fifty percent (50%).

Should the sports facility close and cease operations, the Sports Tourism Overlay Zoning District shall be revoked, and the existing property and uses shall follow the requirements of the underlying zoning district. Hotels and extended stay facilities shall be allowed to continue operating in this scenario.

Permitted Uses.

Uses Allowed By Right. The following uses shall be allowed by right within the Sports Tourism Overlay District only when a sports facility is part of the same overall development:

Sports facilities (e.g., indoor/outdoor athletic complexes, stadiums, arenas, fieldhouses).

Extended stay facilities when operated in conjunction with a hotel and have a shared lobby with the hotel.

Hotels.

Clothing and apparel - retail.

Electric vehicle charging stations and lots.

Restaurants, coffee shops, bakeries and similar dining establishments (without drive-through windows) which do not sell or serve alcoholic beverages by the drink.

Sporting goods stores.

Conditional Uses.

Uses Allowed By Conditional Use Permit. The following uses shall require approval of a conditional use permit by the Planning and Zoning Commission and City Council, unless designed by C-A, in which case a conditional use permit shall require approval by only the Planning and Zoning Commission:

Automobile and other motor vehicles - fuel sales (without repair services).

Banquet halls and party centers.

Bars, pubs, nightclubs, and taverns (C-A).

Commercial recreation not elsewhere listed (indoor or outdoor).

Convenience stores (with fuel sales).

Food truck park.

Offices - medical services.

Restaurants, coffee shops, bakeries, and similar dining establishments with drive-through windows.

Restaurants, coffee shops, bakeries and similar dining establishments (without drive-through windows) which sell or serve alcoholic beverages by the drink (C-A).

Development Standards.

Site Area. Twenty (20) acres minimum.

Maximum Building Height. Sixty (60) feet.

Yard Requirements. Per the requirements of Section 400.125.

Bufferyard Requirements.

A bufferyard shall be required when a property zoned with the Sports Tourism Overlay District is adjacent to a property with a residential zoning or land use, regardless of jurisdiction.

The bufferyard shall provide for a minimum of three (3) plant units per one hundred ( 100) feet of frontage where the bufferyard is required. Additionally, a six (6) foot high (as measured from the adjacent finished grade and placed on the highest elevation or other location as determined by the Director of Planning and Development) sight-proof vinyl fence, decorative masonry wall, brick wall or other fence as approved by the Planning and Zoning Commission shall be provided.

The width of the required bufferyard shall be a minimum of thirty (30) feet.

Architectural Standards For The Sports Facility.

Architectural grade metal materials are permitted on the sides and rear of the sports facility.

The building façade facing the primary street or streets and the main entrance to the building shall incorporate at least twenty-five (25%) of the wall area with a different building material and architectural features such as articulation, windows, or relief.

Inflatable buildings or structures shall be prohibited.

Sidewalks And Trails.

Sidewalks shall be required throughout the site from public right-of-way to major pedestrian destinations, especially between any hotel/extended stay facility the sports facility, and any proposed outlets for future development.

Sidewalks shall be a minimum of five (5) feet in width.

A multi-use trail, ten (10) feet in width, shall be provided along all major roadways as determined by the Director of Engineering.

Central Features And Community Space. The development shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following:

Patio/seating area.

Pedestrian plaza with benches.

Outdoor playground area.

A pedestrian arcade or kiosk area.

Water feature.

Clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the City, adequately enhances such community and public spaces.

Use Requirements.

Extended Stay Facilities And Hotels.

Extended stay facilities and hotels shall not be limited to ten percent (10%) of the rooms having kitchens or cooking facilities.

The distance requirements for extended stay facilities as laid out in Section 400.330, Subsection (A)(7)(a) shall not apply.

Parking Requirements.

All developments utilizing the Sports Tourism Overlay Zoning District shall be required to provide a shared parking plan per the requirements of Section 400.505. The shared parking plan shall cover as many uses and outlets as possible.

The sports facility shall provide parking at a rate of one (1) parking space per two hundred fifty (250) square feet of space.

Hotels and extended stay facilities may provide parking at a rate of 0.8 spaces per room, plus (1) space per every two (2) employees.

All other uses shall provide parking per the requirements of Section 400.480 unless otherwise approved by an Alternative Parking Study.