Ash Grove City Zoning Code
ARTICLE VII
Supplementary Regulations
Section 405.290 Accessory Buildings.
[R.O. 2012 §405.290; Ord. No. 727 §1, 3-6-2000]
"Accessory buildings" as defined in Section 405.030 and as regulated herein are permitted in any district. No detached accessory building hereafter constructed shall occupy a required front yard or be located within five (5) feet of any dwelling existing or under construction on the building site. No single accessory building, in a residence district, shall occupy more than thirty percent (30%) nor shall all such buildings collectively occupy more than forty percent (40%) of the required yard spaces in the rear half of the lot. No accessory building shall be located closer than five (5) feet to any lot line; in the case of a reversed corner lot, no accessory building shall project closer to the street side yard than the front yard abutting. On external lot an accessory building shall not project closer than fifteen (15) feet to the street side lot line except that if the building is a required parking garage, and has access to the side street, such setback shall be a minimum of twenty (20) feet.
Section 405.300 Accessory Uses.
[R.O. 2012 §405.300; Ord. No. 727 §1, 3-6-2000]
An accessory use, as defined in Section 405.030 and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.
Section 405.310 Conditional Uses.
[R.O. 2012 §405.310; Ord. No. 727 §1, 3-6-2000]
A.
The Planning and Zoning Commission shall recommend approval or disapproval to the Board of Aldermen of a conditional use, if permitted in the district, only if the following requirements have been met:
1.
The location of the proposed use is compatible to other land uses in the general neighborhood and does not place an undue burden on existing transportation and service facilities in the vicinity.
2.
The Board of Aldermen may also determine that the proposed use is such that it is necessary to require greater standards than listed in the district, in order to correlate the proposed use to other property and uses in the vicinity.
3.
The site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use.
4.
The proposed use, if it complies with all conditions upon which the approval is made contingent, will not adversely affect the property in the vicinity.
5.
The Board of Aldermen may provide that approval be contingent upon acceptance and observance of specified conditions, including but not limited to:
a.
Conformity to plans and drawings submitted with the application.
b.
Special yards, open space, buffer strips, walls, fences, hedges, landscaping.
c.
Performance standards relative to emission of noise, vibration or other potentially dangerous or objectionable elements.
d.
Limits on time of day for conduct of specified activities.
e.
A period in which the approval shall be exercised, or otherwise shall lapse.
f.
Guarantees as to compliance with the terms of approval.
6.
The procedures for public hearing, notices, and filing fee of an application for a conditional use shall be the same as required for amendments, etc., as provided in Section 405.540.
Section 405.320 Height Limitation - Exceptions.
[R.O. 2012 §405.320; Ord. No. 727 §1, 3-6-2000]
A.
The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, other similar features and necessary mechanical appurtenances usually carried above the roof level.
B.
The provisions of this Chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five (5) feet.
Section 405.330 Lot Coverage - Exceptions.
[R.O. 2012 §405.330; Ord. No. 727 §1, 3-6-2000]
A.
In calculating the percentage of lot coverage, or required yards, for the purpose of applying the regulations of this Chapter, the feature of a structure as hereafter set forth shall not be included as coverage, nor be considered an infringement into the required yards:
1.
Unenclosed steps, stairways, landings, and stoops, not extending above the ground floor level.
2.
Unenclosed surfaced walks and driveways.
3.
Fences not exceeding six (6) feet.
4.
Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.
5.
Flue or fireplace chimney attached to the main building.
6.
Bay windows extending not more than eighteen (18) inches from the main building.
7.
Cornices, canopies and eaves not extending more than three (3) feet.
8.
Open fire escape may not project into a required side yard more than half (½) the width of such yard.
Section 405.340 Home Occupations.
[R.O. 2012 §405.340; Ord. No. 727 §1, 3-6-2000]
A.
Home occupations may be permitted in any "R" District only under the following criteria:
1.
No employment of help other than members of the family residing on the premises.
2.
No outdoor display or storage of material.
3.
No signs displayed except as permitted in this Chapter.
4.
No commodity is sold on the premises.
5.
Not more than twenty percent (20%) of the net floor area of the dwelling may be devoted to the occupation.
6.
No required off-street parking space shall be used in the conduct of the home occupation.
7.
No mechanical equipment is used which makes any loud, unnecessary or unusual noise, or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others.
8.
In no way shall the appearance of the structure or the conduct of the occupation within the structure be so altered that it may reasonably be recognized as serving a non-residential purpose (either by color, materials or construction lighting, sounds or noises, vibrations, etc.).
Section 405.350 Planned Community Unit Development.
[R.O. 2012 §405.350; Ord. No. 727 §1, 3-6-2000]
A.
The owner or owners of any tract of land comprising an area of not less than four (4) acres or all or part of a renewal or redevelopment area may submit to the City Clerk a plan for the use and development of all such tracts of land for residential purposes. Such development plan shall be referred to the Planning and Zoning Commission for study, public hearing and report to the Board of Aldermen, which may authorize rezoning and the issuance of zoning permits and certificate of occupancy, therefore, even though the use of the land and the use and location of structures including the yards and open spaces required by this Chapter does not conform in all respects to the regulations contained in other Sections of this Chapter. (The procedures for filing an amendment in Section 405.540 shall be followed.) The Planning and Zoning Commission may recommend the development as submitted, or may modify, alter, adjust or amend the plan before recommendation, or deny the plan and shall make a report to the Board of Aldermen setting forth its reasons for approval, or denial of the application and if approved, specific evidence and facts showing that the proposed community plan meets the following conditions:
1.
The value of building and the character of the property adjoining the area included in such plan will not be adversely affected.
2.
Such plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals, and general welfare.
3.
The building shall be used only for residential purposes and the usual accessory uses, such as automobile parking areas, garages, and community activities, including churches.
4.
The average lot area per family contained in the site, exclusive of the area occupied by streets, shall be not less than the lot area per family required for the district in which the development is located.
Section 405.360 Protection of Sewers and Utility Lines.
[R.O. 2012 §405.360; Ord. No. 727 §1, 3-6-2000]
No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the City and the public utility whose lines are involved, if any.
Section 405.370 Vacated Streets and Alleys.
[R.O. 2012 §405.370; Ord. No. 727 §1, 3-6-2000]
Whenever any street, alley or other public way is vacated by official action of the legislative body, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street or alley and all areas included in such adjacent district shall then and thence forth be subject to all regulations of the extended districts.
Section 405.380 Visibility At Intersections.
[R.O. 2012 §405.380; Ord. No. 727 §1, 3-6-2000]
On a corner lot in any residential district no fence, wall, hedge or other surface or planting more than three and one-half (3½) feet in height measured from the crown of the street shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are twenty (20) feet distant from the point of intersection, measured along the pavement edge.
Section 405.390 Yard Requirements - Exceptions.
[R.O. 2012 §405.390; Ord. No. 727 §1, 3-6-2000; Ord. No. 736 §1, 6-5-2000]
A.
Where the building wall is not parallel to a side or a rear lot line the required least dimension of the side yard or the rear yard along such line may be considered to be the average distance of said wall from said lot line, provided that no such side yard shall be less than five (5) feet in width at any point, and no such rear yard be less than ten (10) feet in depth at any point, where a rear yard is required.
B.
The following exception shall apply only where forty percent (40%) or more of the existing structures, which face the same side of a street between the same two (2) intersecting streets, have observed a front setback greater or less than the required front yard in that district. The front yard for a dwelling hereafter erected in the same block frontage shall be the average setback of the existing structures, but in no case shall the front yard be reduced to less than fifteen (15) feet, nor increased to more than fifty (50) feet.
C.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet. No accessory building shall project beyond the front yard line on either street.
Section 405.400 Landscaping Requirements.
[R.O. 2012 §405.400; Ord. No. 727 §1, 3-6-2000; Ord. No. 855 §1, 9-4-2007]
A.
Anything in this Code to the contrary notwithstanding, a permanent landscaped buffer strip, upon recommendation and review by the Planning and Zoning Commission and approved by the Board of Aldermen and enforced by the City's Code Enforcement Officer, a minimum of twenty (20) feet wide must be maintained along the boundary of any property in a mobile home, commercial or industrial district which boundary adjoins property in a residential district. In lieu of this buffer strip, the owner, developer or occupant may erect a masonry fence at least six (6) feet in height at the property line. Approval of buffer strip/fence must be obtained before a building permit is granted. The buffer strip is to be landscaped and completed before the occupancy permit is issued, unless prior approval and authority is granted by the Board of Aldermen.
B.
General Requirements.
1.
There shall be a landscaping or fence plan prepared, which enumerates plantings size and species with their location, and submitted which will present the development's specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees or fence material. This plan will be presented for review and approval by the Planning and Zoning Commission for all developmental or redevelopment proposals in the City of Ash Grove.
2.
No street tree shall be planted closer than thirty-five (35) feet from any street corner measured from the point of nearest intersecting property lines. No tree shall be planted closer than ten (10) feet to any fire hydrant. The trees planted on any public properties shall be selected from the City's designated list of acceptable street trees.
3.
The City may plant, prune, maintain and remove trees, plants and shrubs within any City rights-of-way or public ground as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
4.
It shall be unlawful for any person to top any street tree, park tree or other tree on public property. As used in this paragraph, "top" means the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree as to remove the normal canopy and to disfigure the tree.
5.
Trees severely damaged by storms, natural causes, human accidents, or trees impairing the use of utility wires or presenting an unusual obstruction, where other pruning practices are impractical, shall notify the Public Works Department for permission to properly trim the tree.
6.
Every owner of any tree overhanging any street or right-of-way in the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Such owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City may prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or with the visibility of any traffic control device or sign to a height of twelve (12) feet above edge of pavement.
C.
General Community Tree Conservation.
1.
Projects requiring site plan review shall demonstrate that the design has been accomplished to preserve the existing natural landscape character of the site to the extent that it is reasonably feasible. A conservation plan which includes specific dimensions and/or quantities of landscaping materials to be added or removed, plant species impacted or to be used, and construction protection methods for trees will be required for preserving or planting a replacement tree(s) as a condition of site plan approval.
2.
If required, the conservation plan should clearly set forth all trees over six (6) inches in diameter at a height of twelve (12) inches above average grade with an indication of which trees will be removed and which trees will be retained. All trees removed which are six (6) inches in diameter (caliper) or greater shall be replaced with equal caliper inches of similar type trees. Planting plans shall provide calculations to demonstrate that the caliper inch replacement is in accordance with conservation plan. All utility installations, stormwater retention/detention areas or ponds shall be undertaken with a minimum amount of tree removal. Specimen trees, those of predominant stature and species, and those important to wildlife are to be retained to the maximum extent possible.
3.
Erosion control plans are required for utilizing the existing trees and vegetation to the maximum extent possible to reduce runoff, control flooding or stabilize the soil.
4.
The grade of land within the dripline of a tree designated to remain shall not be raised or lowered more than six (6) inches unless a well or retaining wall is used.
5.
The City shall have the option to require the owner/developer to relocate or replace a tree being removed at the City's expense, either within the site, or within any public property.
6.
A written statement of reasons for clearing the trees on an undeveloped site must be presented to the City for review and approval.
7.
No trees shall be removed within twenty-five (25) feet of the riparian (stream bank) corridor without written permission from the City.
D.
Residential Developments.
1.
In reviewing any proposed subdivision plan, the Planning and Zoning Commission shall strictly adhere to a policy of requiring the preservation of the maximum number of existing trees or planting of new tree stocks as the replacement for removing the existing trees in common grounds.
2.
The owner or developer of a proposed subdivision shall submit a plan, along with the preliminary plat, depicting the limit of grading or clearance and including a notation that all trees beyond the limit of grading shall remain.
3.
No trees shall be removed or grading begun until the preliminary plat has been approved.
E.
Plant Measurements. Plants shall conform to the measurements specified in the plant schedule.
1.
Caliper measurements shall be taken six (6) inches above grade for trees under four (4) inches in diameter and twelve (12) inches above grade for trees four (4) inches and larger in diameter.
2.
The minimum size for all shade trees shall be two (2) inches in diameter. The minimum height shall be eight (8) feet.
3.
The minimum size for evergreen trees shall be six (6) feet in height. All evergreen trees shall be balled and wrapped in burlap.
F.
Maintenance Guarantee. The owner of the property or his representative shall file a written statement with the City guaranteeing the replacement of any dead trees or bushes for a period of one (1) year from the release of all escrows pertaining to site development. Perpetual maintenance by the property owner of the fence and landscaped area shall be a condition of any landscape plan approval and it shall be an ongoing responsibility of the property owner to maintain the landscaped yard and fence area in a healthy and attractive condition.
G.
Violations. In the event that the landscaping is not completed in accordance with the submitted plan within one (1) year of the completion of the construction or occupancy of the building on the premises, the City's Code Enforcement Officer, on behalf of the City, shall notify the owner, occupant, or lessee of such failure to complete the landscaping in accordance with the submitted plan and this Section. This notice shall provide a statement of the deficiencies and the date for the correction of such deficiencies not more than thirty (30) days from the date of the notice. The notice shall also provide the date, time, and place of the hearing at which the Board of Aldermen will consider whether or not to direct the City Park Department to landscape the premises in accordance with the submitted plan with the cost chargeable against the cash or escrow deposit held for such landscaping.
Section 405.405 (Reserved) [1]
[1]
Editor’s Note: Former Section 405.405, Keeping of Chickens, enacted 8-15-2011 by §1 of Ord. No. 919, was repealed 4-6-2015 by §1 of Ord. No. 990. See now Section 205.115.