A.

District regulations. In the following established districts, a building or premise shall be used only for the following purpose:

1.

R1 Residential District.

a)

Permissive uses.

1)

Single-Family dwelling.

2)

Public Park or playground.

3)

Church.

4)

Public school, nursery, pre-kindergarten, kindergarten, elementary and high, or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes and colleges with twenty (20) acres of land.

5)

Golf course, except miniature courses and driving tees operated for commercial purposes.

6)

Government buildings.

7)

Nursery, pre-kindergarten, kindergarten, play, dancing, music and other similar schools.

8)

Intentionally Blank.

9)

Religious, educational and eleemosynary institution of a philanthropic nature, but not a penal or mental institution.

10)

Nursing, rest or convalescent home.

b)

Conditional use.

1)

Privately operated lake, swimming pool, or tennis court on site of not less than five (5) acres, as a part of subdivision development.

2)

Hospital, nursing home, and educational, not less than five (5) acres, provided not more than fifty (50) per cent of the site area may be occupied by buildings, and provided further that the b building shall be set back from all required yard lines and additional foot for each foot of building height.

3)

Parking lot located within three hundred (300) feet of a C or M District.

4)

Private recreational facility where buildings do not occupy more than ten (10) per cent of the site area.

5)

Greenhouse or nursery.

2.

R2 Multiple Family Residential District.

a)

Permissive uses.

1.

Any use permitted in District R1.

2.

Apartment houses.

3.

Boarding houses or lodging houses.

4.

Group housing projects.

5.

Family day care homes, day care centers, preschool, nursery school, child play, child education, child experiment stations or child development institutions.

6.

Hospitals, sanitariums, clinic and accessory use other than for tubercular, alcohol, narcotic, insane or feeble-minded patients.

7.

Office buildings provided that the same are located on a major or collector street which is not at the time of beginning of the use occupied exclusively by one-family dwelling uses; and further provided that no retail uses shall be permitted, and no material or equipment shall be stored outside the building.

8.

Hotels and apartment hotels, including only such facilities as are customarily required for the use of or entertainment of guests or tenants.

9.

Philanthropic or eleemosynary uses or institutions other than penal or correctional institutions.

10.

Private schools.

11.

Private clubs or fraternal orders, except those whose chief activity is a service customarily carried on as a business.

12.

Two-family dwellings, so that two-family dwellings are a permissive use in an R2 Multiple Family Residential District.

b)

Conditional uses.

1.

Mobile homes and trailers.

2.

Mobile home parks.

3.

Parking lots for off-street parking of motor passenger vehicles may be located on a site approved by the board after public hearing, provided any fee charged shall be on a monthly or yearly basis.

4.

Retail Antique Shops notwithstanding the prohibition of Section IV (A) (2) (a) (7).

c)

[Ord. No. 342.] This ordinances does not repeal City of Auxvasse Ordinance No. 342 enacted April 9, 1984, and the Board of Adjustment in approving any conditional use of mobile homes or mobile home parks in R2 Districts shall be bound by and follow the provisions of Ordinance No. 342.

3.

C Commercial District

a)

Permissive uses.

1)

Any permissive use of the R1 and R2 Districts except residential uses.

2)

Automobile or trailer display, salesroom and repair.

3)

Automobile service station.

4)

Automobile parking lot or storage or parking garage.

5)

Bank or financial institution.

6)

Bowling alley or billiard parlor.

7)

Business or commercial school.

8)

Dancing or music academy.

9)

Display and salesroom.

10)

Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering and bakery with sale of bakery products on the premises and other uses of a similar character.

11)

Dyeing, cleaning, laundry, printing, painting, plumbing, tinsmithing, tire sales, and service, upholstering and other general service or repair establishment of similar character. Not more than ten (10) per cent of the lot or tract occupied by such establishment shall be used for the open and unenclosed storage of materials or equipment.

12)

Farm or feed store, including storage of liquid or sold fertilizer.

13)

Farm implements, sale and repair.

14)

Frozen food locker.

15)

Hotel.

16)

Laboratory, research, experimental or testing.

17)

Milk distributing station.

18)

Miniature golf course and driving tees operated for commercial purposes.

19)

Mortuary.

20)

Motel.

21)

Nursery, pre-kindergarten, kindergarten, play, dancing, music and other similar schools.

22)

Office or office building.

23)

Personal services uses including barbershop, beauty parlor, photographic or art studio, messenger, taxicab, newspaper or telegraphic branch service station, laundry or dry cleaning receiving station, restaurant, and other uses of a similar character.

24)

Public garage, filling station and automobile repair shop or parking lot but not including an auto wrecking or junkyard as defined in Section II of this ordinance.

25)

Radio or television broadcasting station or studio.

26)

Retail store, in connection with which there shall be no slaughtering of animals or poultry, nor commercial fish cleaning and processing on the premises.

27)

Theater, not including drive-in theatre.

28)

Trailer court in accordance with the provisions of Ordinance No. 342.

29)

Truck or bus terminal.

30)

Self-service laundry or cleaning establishment.

31)

Used car, trailer or boat sales or storage lot.

32)

Veterinarian, animal hospital or kennel.

b)

Conditional uses.

1)

Auto wrecking or junkyard; provided, however, that all such uses shall be enclosed by a sold wall or fence at least six (6) feet high and that material not be piled any higher than said wall or fence.

2)

Bottling works.

3)

Drive-in establishment, including restaurant.

4)

Lumberyard.

5)

Residential uses.

6)

Wholesale merchandising or storage warehouse.

4.

M Industrial District.

a)

Permissive uses. Any use that conforms to the following performance standards:

1)

Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and, as measured at any property line, shall not exceed the following intensity in relation to sound frequency:

Octave Band in Cycles Per Second

Such sound levels shall be measured with a sound level meter and an octave band analyzer conforming to specifications of the American Standards Association.

2)

Smoke. The emission of smoke by any use shall be controlled so as to be less dark in shade than that designated as No. 2 on the Ringelmann Chart, published and used by the United States Bureau of Mines; provided, however, that smoke of a density equal to that designated as No. 2 on the Ringelmann chart may be permitted for not more than eight (8) minutes during any thirty-minute period and smoke of a density not exceeding that designated as No. 3 on the Ringelmann Chart may be permitted for not more than three (3) minutes during any thirty minute period while starting or cleaning a fire.

3)

Dust and other particulate matter. The emission of dust, fly ash and other particulate matter shall not exceed eighty-five hundredth (0.85) pounds per one thousand (1,000) pounds of flue gas, measured at a convenient point in the stack and under conditions not exceeding fifty (50) per cent of excess air. The amount of solids in such gases shall be determined according to the test for dust-separating apparatus of the American Society of Mechanical Engineers, revised and amended to date.

4)

Odor. The emission of odorous matter in such quantity as to be offensive at a point along or outside any lot line shall not be permitted. In determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the "Air Pollution Abatement Manual" (Copyright 1951 by Manufacturing Chemists Association, Inc., Washington, D.C.) shall be used as a guide.

5)

Glare and heat. Any operation producing intense hear and glare shall be conducted within an enclosed building or with other effective screening in such a manner as to be completely imperceptible from any point along or outside the lot lines.

(b)

Conditional uses. Conditional uses:

(1)

Chemicals, petroleum, coal and allied products:

Acids and derivatives

Acetylene

Ammonia

Carbide

Caustic soda

Cellulose and cellulose storage

Chlorine

Coke oven products (including fuel gas) and coke oven products storage

Creosote

Distillation, manufacture or refining of coal, tar, asphalt, wood and bones

Explosives (including ammunition and fireworks) and explosives storage

Fertilizer (organic)

Fish oils and meal

Glue, gelatin (animal)

Hydrogen and oxygen

Lamp black, carbon black and bone black

Nitrating of cotton or other materials

Nitrates (manufactured and natural) of an explosive nature, and storage

Petroleum, gasoline and lubricating oil refining, and wholesale storage

Plastic materials and synthetic resins

Potash

Pyroxyline

Rendering and storage of dead animals, offal, garbage or waste products

Turpentine and resin

Wells, gas and oil

(2)

Clay, stone and glass products:

Brick, firebrick, refractories, and clay products (coal-fired)

Cement, lime, gypsum or plaster of Paris

Minerals and earths; quarrying, extracting, grinding, crushing and processing

(3)

Food and beverages:

Fat rendering

Fish curing, packing and storage

Slaughtering of animals

Starch manufacture

(4)

Metals and metal products

Aluminum powder and paint manufacture

Blast furnace, cupolas

Blooming mill

Metal and metal ores, reduction, refining, smelting and alloying

Scrap metal reduction or smelting

Steel works and rolling mill (ferrous)

(5)

Wood and paper products:

Match manufacture

Wood pulp and fiver, reduction and processing

(6)

Unclassified industries and uses:

Auto wrecking and junk yards; provided, however, that all such uses shall be enclosed by a solid wall or fence at least six (6) feet high and that material not be piled any higher than said wall or fence

Hair, hides and raw fur, curing, tanning, dressing, dyeing and storage

Stockyard

5.

A Agricultural District.

(a)

Permissive uses.

Agriculture activity

Church

Golf course, except miniature courses or driving range

Greenhouse or nursery

Park or forest preserve

Public school, elementary and high, or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes

Single-family dwelling

(b)

Conditional uses.

Airport

Extraction of coal, sand or gravel

Hospital, nursing home and educational, religious, and philanthropic institution on sites of not less than five (5) acres

Public building erected by any governmental agency

6.

P Public, Semi-Public District.

Such district consists of federal, state, county or city property and permissive uses consist of those uses that are reasonable and necessary administrative and governmental functions. Conditional uses consist of those uses that are proprietary functions of these governmental entities.

B.

Other use regulations.

1.

Accessory buildings. Accessory buildings and uses are permitted when in accordance with the following:

(a)

In the R1 and R2 Districts, accessory buildings and uses are limited to:

A noncommercial greenhouse that does not exceed in floor area twenty-five (25) per cent of the ground floor area of the main building.

A private residential garage with a floor area not exceeding four hundred eighty (480) square feet. An additional floor area of two hundred (200) square feet may be provided for each three thousand (3,000) square feet of lot area by which such lot exceeds six thousand (6,000) square feet, provided that no garage shall exceed one thousand (1,000) square feet.

(b)

In the R2, C and M Districts, there may also be:

Parking lots and garages conforming to the requirements of Section VIII hereof.

(c)

There shall be the following additional regulations for accessory buildings:

No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used; however, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during building construction.

No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.

Accessory buildings may not be used for dwelling purposes.

(d)

A driveway or walk to provide access to premises in one district shall not be permitted in a district of a higher classification. Buildings or structures or uses which are necessary to the use permitted in one district shall not be permitted in a district of a higher classification.

2.

Signs. Regulations regarding signs shall be as follows:

(a)

The following signs are allowed in all districts:

Temporary signs not exceeding six (6) square feet in area advertising the sale or lease of real estate when located upon property to which the sign refers and when not located closer than ten (10) feet to a lot line, which signs shall be removed upon sale or lease of the property.

Temporary ground signs advertising future use or development of property on which such signs are located may be maintained subject to the provisions of this section provided such signs are not located closer than ten (10) feet to a lot line and do not exceed thirty (30) square feet in area. "For Rent" and "For Lease" signs in commercial and industrial districts for new buildings shall not exceed forty-eight (48) square feet.

Church or public building bulletin boards with the face not exceeding twenty (20) square feet in area.

Traffic and public signs.

Political signs with face area not exceeding nine (9) square feet provided such signs are not displayed sooner than ninety (90) days before an election and are removed within ten (10) days after the election.

(b)

In the R2 Residential Districts, there may be one wall sign attached to the building, projecting no more than two (2) inches, not exceeding twenty-five (25) square feet in area and relating only to the name or use of the building.

(c)

In the C and M Districts, there may be roof signs, wall signs, post signs, marquee signs, ground signs and awning signs when displaying no advertising matter except pertaining to the business conducted in the building or on the premises on which such sign is placed. The total square foot area of roof signs, projecting signs, marquee signs and awning signs shall not exceed one-fifth of the total square foot area of the face of the building on which they are placed.

(d)

In M Districts, there may be any sign allowed in paragraph (c) and ground signs; provided that no ground sign shall exceed two hundred (200) square feet per face or four hundred (400) square feet in total area; not more than one ground sign shall be erected on any one lot or tract of land, or one sign for each four hundred (400) feet of street frontage when located at least four hundred (400) feet apart on such lot or tract of land; and no ground sign when erected on a lot fronting on intersecting streets shall be erected within fifty (50) feet of the intersections of the streets, nor extend closer than ten (10) feet to a lot line.

(e)

The following additional sign regulations shall be observed:

Ground signs. No ground signs shall be at any point over twenty-five (25) feet above the ground level.

Lighting. External lighting should not extend onto adjacent property or public right-of-way. All illuminated signs shall not produce more than fifteen (15) foot-candles of light at the side and rear property lines.

Marquee sign. A sign may be placed upon a marquee provided such sign does not extend more than three (3) feet above nor one (1) foot below such marquee.

Paper posters and certain signs or devices prohibited. Paper posters applied directly to the wall or building, and letters or pictures in the form of advertising printed or applied directly on the wall of a building are prohibited. Signs or devices which by color, location or design resemble or conflict with traffic control signs or devices are prohibited. No sign shall contain flashers, animators, or mechanical movements or contrivances of any kind, excepting clocks and temperature signs.

Portable signs. Portable signs are prohibited except that there may be such portable signs on parking lots as permitted by the building commissioner as being necessary to the satisfactory operation of the lot and except that each filling station may have one portable sign not exceeding (12) square feet of total sign area restricted solely to stating the price of gasoline.

Post signs. A post sign is any sign supported by or suspended from a single vertical or horizontal post. No post signs shall be allowed in the area within the City of Auxvasse bounded by Chestnut/Cherry, Mary, Prairie, and Second Streets. Post signs shall be allowed in all other areas or districts provided no single face of any post sign shall exceed 1.5 square feet and there shall be no more than one post sign per lot.

Projecting signs. Projecting signs shall not extend more than five (5) feet from the building into the required front yard.

Wall signs. No wall sign shall extend beyond the building more than two (2) inches. No wall sign shall be so erected as to cover the doors or windows of any building or otherwise prevent free ingress or egress to or from any window, door or any fire escape of any building.

3.

Nonconforming uses.

(a)

Nonconforming uses. The lawful use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued for over a period of one year, any future use of said premises shall be in conformity with the provisions of this ordinance.

The lawful use of a building existing at the time of the passage of this ordinance may be continued, although such use does not conform with the provisions hereof and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or in the conformity with subsection IV (B) (3) (b) of this ordinance, are made therein. If no structural alterations remade, use of a building may be changed to another nonconforming use of the same or more restricted classification; provided, that nonconforming uses shall not cease for more than one year, but in the event that nonconforming uses cease for more than one year, then the future use of said premises shall be in conformity with the provisions of this ordinance.

A nonconforming use, if changed to a conforming use or more restricted nonconforming use may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this ordinance, the provisions of this ordinance relating to the nonconforming use of buildings or premises existing at the time of the passage of this ordinance shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

The lot area per family restrictions shall not apply to lots where the lot, together with all contiguous land owned by the owner of the lot at the time of the passage of this ordinance and by the owner of the said lot at the time of the proposed construction is, at both such times, less than the permitted area; however, only a single-family dwelling may be erected under this exception.

The burden of proof shall at times rest upon any person claiming an exception or exemption under subsections IV(B)(3)(a) and IV(B)(3)(b) of this ordinance.

(b)

Improvement and restoration of existing buildings. Nothing is this ordinance shall prevent the improvement or rebuilding of an existing building; provided, that the improved ore rebuilt building shall not extend beyond the building existing at the time of the passage of this ordinance and owned by the owner of the building at the time of the passage of this ordinance.

Nothing in this ordinance shall prevent the restoration of a nonconforming building partly destroyed by fire, explosion, act of God or act of public enemy, subsequent to the passage of this ordinance, or prevent the continuance of the use of such building or part thereof as such use exists at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided herein; provided, that such buildings is not destroyed more than seventy-five (75) per cent of its reasonable valuation.

This ordinance shall prevent the restoration of such nonconforming building so damaged more than seventy-five (75) per cent of the reasonable valuation if the restoration is not completed within one year from the time of said damage and shall prevent the continuance of the use of such building or part thereof as such use exists at the time of such damage if such is not restored within one year from the time of such damage.