Canton City Zoning Code
ARTICLE VII
Supplementary Regulations
Section 405.190 Special Use Exceptions, Requirements and Procedure.
[CC 1985 §42.600; Ord. No. 304 §1, 8-17-1987; Ord. No. 330-C §1, 12-18-1989; Ord. No. 335-C §2, 4-16-1990; Ord. No. 700-C §1, 5-8-2012; Ord. No. 893-C, 8-19-2024]
A.
The special exceptions listed in Article XIII and their accessory buildings and uses may be permitted by the Planning Commission and Board of Aldermen in the districts indicated therein, in accordance with the procedure set forth in this Section and the requirements listed in Article XIII. There shall be no more than one (1) special use exception on any given lot. Under no circumstances shall there be a combination of special use exception and home occupation in existence on any one (1) lot.
B.
Upon receipt of an application for a permit for a special use exception, the Building Inspector shall refer to the Planning Commission for investigation as to the manner in which the proposed location and character of the special use exception will affect the Comprehensive Community Plan and how the standards in Article XIII are applied. The Planning Commission should report the results of its study to the Board of Aldermen within sixty (60) days following receipt of the application. If no such report has been filed with the Board of Aldermen within this time period, the Board of Aldermen shall proceed to process the application.
C.
A fee of one hundred fifty dollars ($150.00) shall be paid to the Clerk of the City of Canton at the time the application is filed, and an additional fee of fifteen dollars ($15.00) should be paid to the City Clerk prior to the time publication of "Notice of Public Hearing" is ordered by the Board of the City. All fees received hereunder by the City Clerk shall be paid over to the credit of the General Revenue Fund of the City.
D.
The Board of Aldermen shall then conduct a public hearing after fifteen (15) days' notice thereof has been given. Following the hearing and upon an affirmative finding by the Board of Aldermen that:
1.
The proposed special use exception is to be located in a district wherein such use may be permitted, and
3.
The special use exception is consistent with the spirit, purpose and intent of the Comprehensive Community Plan, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare, the Board of Aldermen shall order the Building Inspector to issue a zoning special use exception permit.
E.
An existing lawful use which is listed herein as a special use exception and which is located in a district in which such special use exception may be permitted shall be considered a conforming use.
F.
Any expansion of such special use exception involving the enlargement of buildings, structures and land area devoted to such use shall be subject to the procedure described in this Section.
G.
If the nature of the special use exception involves more than one (1) of those listed in Article XIII, the applicant may apply for a permit for the special use exception which most closely relates to the primary use, provided that the requirements of all related uses are met.
H.
Special Use Exceptions. There shall be added as special use exceptions the following designated uses:
1.
Bed and breakfast.
a.
Said new special use shall be defined as follows: one (1) to no more than four (4) rooms set aside for the lodging of paying guests. This will be a secondary source of income for the host but is still considered a business. Breakfast may or may not be served.
b.
Said special use shall be allowed in all "R" Districts.
c.
Said special use shall be subject to the following requirement designations: a2, b1, c1, f1 and h1.
6.
Community center, defined as a single building, commercial non-residential structure, subject to the following requirement designations:
[Ord. No. 747-C §1, 3-9-2015]
a.
Allowed in all "R" Districts.
b.
Minimum yard area, c12 (at least ten (10) feet on all sides).
c.
Parking spaces, k14 (one (1) per three (3) employees plus one (1) per five hundred (500) square feet of use area).
d.
Distance of parking area from residential use, l1, (ten (10) feet).
e.
Covenant by owners to perpetuate maintenance and approve future improvements - requirement designation q.
f.
No sales, dead storage, repair work or dismantling on the lot, requirement designation x.
Section 405.200 Additional Height, Area and Yard Regulations.
[CC 1985 §42.610]
A.
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Additional height regulations.
a.
Single-family dwellings and two-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet each, but they shall not exceed three (3) stories in height.
b.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers, or necessary mechanical appurtenances may be erected to a height in accordance with existing or future ordinances of the City of Canton.
2.
Additional area regulations.
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.
b.
More than one (1) industrial, commercial, multiple-dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use requirements.
c.
When more than one (1) multiple-dwelling building is erected upon a single lot or tract, the minimum distance between the main buildings shall be the following:
(1)
Front to front, seventy (70) feet; front to rear, six hundred fifty (650) feet.
(2)
Side to side, one-half (½) the height of the taller building but not less than twenty (20) feet.
(3)
Front to side or rear to side, the height of the taller building but not less than thirty (30) feet.
(4)
Rear to rear, fifty (50) feet.
d.
Where an open space is more than fifty percent (50%) surrounded by buildings, the minimum width of the open space shall be thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings.
3.
Additional yard regulations.
a.
In computing the depth of a rear yard, one-half (½) of the alley width may be included as a portion of the rear yard where the yard opens onto an alley.
b.
Accessory buildings which are not a part of the main building may be built in a rear yard within five (5) feet of the rear lot line. An accessory building which is not a part of the main building shall occupy not more than thirty percent (30%) of the required rear yard.
c.
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches. This requirement shall not prevent the construction of fences not exceeding eight (8) feet in height, except on that portion of lots within thirty (30) feet of the intersection of two (2) or more streets.
d.
Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers projecting into a yard not more than five (5) feet, and the ordinary projections of chimneys and flues may be permitted by the Building Inspector.
e.
For the purposes of side yard requirements, a two-family dwelling shall be considered as one (1) building occupying a single lot.
f.
An open unenclosed porch not more than one (1) story in height or paved terrace may project into the required front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) feet may project into the required front yard for a distance not to exceed four (4) feet.
g.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the first (ground) story may project into a required yard, provided these projections be at least two (2) feet distance from the adjacent side lot line.
h.
When forty percent (40%) of a frontage is developed with two (2) or more buildings, then the depth of the front yards heretofore established shall be adjusted in the following manner:
(1)
When the building furthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the average depth of the front yard for such frontage shall be the minimum depth of the front yard for new buildings in such block.
(2)
When the above is not the case and the lot is within one hundred (100) feet of an existing building on each side, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is determined by a line drawn from the closest front corners of these two (2) adjacent buildings.
(3)
When neither paragraph (1) or (2) is the case and the lot is within one hundred (100) feet of an existing building on one (1) side only, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is the same as that of other existing adjacent buildings.
i.
In all districts a triangular space shall be maintained at the street corner of a corner lot, free from any kind of obstruction to vision, between the heights of three (3) and twelve (12) feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the intersection of the property lines extended on the corner of the lot using each of the street right-of-way lines.
j.
In single-family dwelling districts "R-1" and "R-2", when eighty percent (80%) of the frontage of a block on both sides of the street between two (2) intersecting streets or between an intersecting street and a cul-de-sac has been developed with main buildings and accessory buildings with side yard widths less than are required in the dwelling district in which said property is situated, then the side yard requirement for any main buildings or accessory buildings in said block shall be the average side yard width of all parcels of property in said block rather than the side yard set forth in the dwelling district in which said parcel of property is situated. In determining the existing side yard width of any developed parcel, in order to compute the average herein required, the side yard width at the main building on any developed parcel should be used, except that when an accessory building exists with a smaller side yard than that of the main building, the side yard width shall be taken as being the average between that at the main building and that at the accessory building.
Section 405.210 Off-Street Parking and Loading Requirements.
[CC 1985 §42.630; Ord. No. 260-C §§1—2, 4-15-1985]
A.
General Provisions.
1.
Procedure. An application for a building permit for a new or enlarged building, structure or use should include therewith a plot plan, drawn to scale and fully dimensioned, showing any off-street parking or loading facilities to be provided in compliance with the requirements of this Chapter.
2.
Extent of control. The off-street parking and loading recommendations in this Chapter shall apply as follows:
a.
All buildings and structures erected and all land uses shall provide accessory off-street parking or loading facilities as recommended herein after for the use thereof.
b.
When a building or structure erected or enlarged prior to or after the effective date of this zoning ordinance shall undergo a decrease in the number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when said decrease would result in a requirement for fewer total off-street parking or loading spaces through application of the provisions of this Chapter, off-street parking and loading facilities may be reduced accordingly, provided that existing off-street parking or loading facilities are so decreased only when the facilities remaining would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.
c.
When a building or structure undergoes any increase in the number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified hereinafter for off-street parking or loading facilities and, further, when said increase would result in a requirement for additional total off-street parking or loading spaces the number of spaces required shall be increased so that the facilities would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.
3.
Existing off-street parking and loading spaces. Accessory off-street parking and loading spaces in existence on the effective date of this zoning ordinance may not be reduced in number unless already exceeding the requirements in this Section for equivalent new construction; in which event, said spaces shall not be reduced below the number stated herein for such equivalent new construction.
4.
Schedule of requirements.
a.
Requirements governing the number and location of off-street parking, off-street loading facilities in relation to the use of property are required in subsequent Sections of the Chapter. The off-street parking and loading requirements for any use not specified therein shall be the same as for a similar specified use.
b.
Floor area. The term "floor area", as employed in this Section, means the gross floor area of a building or structure used for or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment used for display of any sale of merchandise.
"Floor area", for the purposes of this Section, should not include any floor space used for:
B.
Additional Regulations—Parking.
1.
Use of off-street parking facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this Section shall be used solely for the parking of passenger automobiles, or commercial vehicles of not more than one (1) ton GVW, owned by occupants of the dwelling structure to which such facilities are accessory or by guest of said occupants.
2.
Joint parking facilities. Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate off-street parking facilities for each constituent use are permitted, provided that the total number of spaces so located together are not less than the sum of the separate requirements for each use and not more than three hundred (300) feet from the lot on which the main building is located.
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereto assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney, and shall be filed with the application for a building permit.
3.
Not more than fifty percent (50%) of the parking spaces required for (1) theaters and places of amusement, and up to one hundred percent (100%) of the parking spaces required for a church or school, may be provided and used jointly (2) banks, office, retail stores, repair shops, service establishments, and similar uses not normally open, used or operated during the same hours as those listed in Subsection (B)(1); provided however, that in each such case a written agreement assuring the retention for such purpose shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney, and shall be filed with the application for a building permit.
4.
Control of off-site facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, they should be in the same possession, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the City Clerk, requiring the owner and his/her heirs and assigns to maintain the required number of off-street parking spaces during the existence of the principal use.
5.
Permitted districts for accessory parking. Accessory parking facilities provided elsewhere than on the same zoning lot with the principal use served in accordance with the requirements below may be located in any zoning district except as follows:
a.
No parking facilities accessory to a business or manufacturing use shall be located in a residential district except where authorized by the Board of Aldermen as prescribed hereinafter.
6.
Non-residential parking in residential districts. Accessory off-street parking facilities serving non-residential uses of property may be permitted in any "R" District, when authorized by the Board of Aldermen after review and study by the Planning Commission, subject to the following requirements in addition to all other relevant requirements.
a.
The parking lot shall be accessory to, and for use in connection with, one (1) or more non-residential establishments located in adjoining districts or in connection with one (1) or more existing professional or institutional office buildings or institutions, if the parking lot proposed is within three hundred (300) feet of the non-residential use which it is to serve.
b.
The parking lot shall be used solely for the parking of passenger automobiles and commercial trucks.
c.
No commercial repair work or service of any kind shall be constructed on the parking lot.
d.
No sign of any kind other than signs designating entrances, exits and conditions of use, shall be maintained on the parking lot and shall not exceed twenty (20) feet in area.
e.
The parking lot may be open from 7:00 A.M. to 9:00 P.M. and shall be closed at all other times; provided however, that when supervised by one (1) or more full-time attendants, the parking lot may be kept open until 12:00 Midnight. Parking lot lights shall be turned off when the lot closes.
f.
Each entrance to and exit from the parking lot shall be at least twenty (20) feet distant from any adjacent property located in any residential district, except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.
g.
In addition to the foregoing requirements, such parking lots shall conform to any further requirements and conditions as may be prescribed by the Board of Aldermen for the protection of properties adjacent to and in the vicinity of the proposed parking lot.
7.
Design and maintenance.
a.
Parking space—description. A required off-street parking space shall be an area of not less than one hundred eighty (180) square feet nor less than nine (9) feet wide by twenty (20) feet long measured perpendicularly to the sides of parking space exclusive of access drives or aisles, ramps, columns, or office and work areas, accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (1½) ton capacity. Aisles between vehicular parking spaces shall be not less than twelve (12) feet in width when serving automobiles parked at a forty-five degree (45°) angle in one (1) direction nor less than twenty-five (25) feet in width when serving automobiles parked perpendicularly.
b.
Measurement of space. When determining the number of required off-street parking spaces results in a requirement of a fractional space, any fraction up to and including one-half (½) shall be disregarded, and fractions over one-half (½) shall be interpreted as one (1) parking space.
c.
Access. Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic and so designed as to permit adequate maneuvering area for vehicles to turn around where only one (1) entry or exit is provided in order that no backing of vehicles into the street is required. No driveway or curb cut in any district shall exceed twenty-five (25) feet in width.
d.
Signs. No signs shall be displayed in any parking area within any residential district, except such as may be necessary for the orderly use of parking facilities.
e.
Required setbacks. No parking space nor portion thereof established on the same zoning lot with a building shall be located within a required front yard. No parking spaces nor portion thereof established on a zoning lot without a building shall be located closer to any street line than the established building line on adjacent properties nor closer than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence or hedge developed around any parking area shall be subject to the front yard setback requirements of this Chapter in the same manner as a building or structure.
f.
Surfacing. All off-street parking areas except those accessory to single-family dwellings shall be improved with a compacted rock base of crushed limestone to a depth not less than four (4) inches compacted to a ninety-five percent (95%) proctor density.
(1)
Periodic inspection. The City of Canton, Missouri, shall make periodic inspections of all off-street parking areas through its designated agent, after five (5) days' written notice to the landowner or possessor of such off-street parking area, to determine whether the surface of the parking area has four (4) inches of compacted limestone as provided for herein.
(2)
Addition of crushed limestone. At any time that inspection by the City shall disclose that there is less than four (4) inches of crushed limestone on any off-street parking area, the City shall notify the landowner of the off-street area, in writing, of the fact that additional crushed limestone surfacing will be required pursuant to the provisions of this Chapter, with the notice specifying the amount of additional limestone required, the location on the off-street parking area where the additional crushed limestone is required, and specifying the time in which the additional limestone should be applied, said time to be not less than thirty (30) days.
(3)
Appeal. Any landowner desiring to appeal the order to add crushed limestone to an off-street parking area may file an appeal from the order to add crushed limestone with the Board of Adjustment as otherwise provided for in this Chapter.
g.
Lighting. Any lighting used to illuminate an off-street parking area shall be arranged so as to reflect the light away from all adjoining properties.
h.
Stormwater. Adequate stormwater drainage facilities shall be installed in order to insure that stormwater does not flow onto abutting property or abutting sidewalks in such a way or quantity that pedestrians using the sidewalk would be detrimentally affected or inconvenienced. The City Engineer shall approve all such facilities.
C.
Location Of Parking Areas.
1.
Extension of control. Off-street automobile parking facilities shall be located as hereinafter specified; where a distance is stated, the distance shall be walking distance measured from the nearest point of the parking area to the nearest entrance of the building that the parking area is required to serve.
a.
For one- and two-family dwellings—on the same lot with the building they are required to serve.
b.
For three- and four-family dwellings not over two (2) stories in height, row dwelling not over one and one-half (1½) stories in height—on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a group of such uses constructed and maintained under a single ownership or management shall be assumed to be on a single lot or parcel of land.
c.
For apartment houses containing four (4) or more dwelling units on the same lot or parcel of land as the building they are required to service, or on a separate lot or parcel of land not more than three hundred (300) feet from the nearest entrance to the main building being served, provided the lot or parcel of land selected for the parking facilities is located in a multiple-family district or a less restricted district.
d.
For clubs, hospitals, sanitariums, orphanages, homes for the aged, convalescent homes, and for other similar uses, the off-street parking facilities required shall be on the same lot or parcel of land as the main building or buildings they are intended to serve.
e.
For uses other than those specified above, off-street parking facilities shall be provided on the same lot or parcel of land not over one thousand (1,000) feet from any entrance of the main building measured from the nearest point of the parking area, provided the separate lot or parcel of land intended for parking facilities is located in the same district as the principal permitted use of in a less restricted district.
D.
Schedule Of Off-Street Parking Requirements.
1.
One- and two-family dwellings. One (1) parking space for each family dwelling unit, behind the building line.
2.
Three (3) and more family dwellings. One and one-half (1½) parking space for each family dwelling unit.
3.
Bowling alleys, recreation centers, swimming pools, skating rinks, and other recreation and amusement facilities. One (1) parking space for every five (5) customers computed on the basis of maximum servicing capacity at any one (1) time plus one (1) additional space for every two (2) persons regularly employed on the premises.
4.
Clubhouses and permanent meeting places of veteran, business, civic, fraternal, labor and similar organizations. One (1) parking space for every fifty (50) square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building plus one (1) additional space for every two (2) persons regularly employed on the premises.
5.
Funeral homes and undertaking establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for every two (2) persons regularly employed on the premises and one (1) space for every four (4) seats in the auditorium or chapel of such establishment.
6.
Hospitals. One (1) parking space for each bed intended for patients, excluding bassinets, plus one (1) per doctor plus one (1) additional space for every additional two hundred (200) square feet of floor area.
7.
Mobile/manufactured homes. One (1) parking space for each mobile/manufactured home used for dwelling or sleeping purposes.
8.
Indoor retail business. Parking or storage space for all vehicles used directly in the conduct of such business plus three (3) parking spaces for the first one thousand (1,000) square feet of total area and one (1) additional space for every additional two hundred (200) square feet of floor area.
9.
Industrial plants and facilities. Parking or storage space for all vehicles used directly in the conduct of such industrial use plus one (1) parking space for every two (2) employees on the premises at maximum employment on a single shift.
10.
Junior and senior high schools. One (1) parking space for every eight (8) seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space should be provided for each person regularly employed at such school plus two (2) additional spaces for each classroom.
11.
Libraries, museums, post offices and similar establishments. Parking or storage space for all vehicles used directly in the operation of such establishments plus three (3) parking spaces for the first one thousand (1,000) square feet of total floor area and one (1) additional space for every additional two hundred (200) square feet of floor area.
12.
Medical and dental clinics. Three (3) parking spaces for each doctor plus one (1) additional space for every two (2) regularly employed.
13.
Nursing homes. One (1) parking space for every two (2) beds occupied at maximum capacity plus one (1) space for every two (2) regular employees. This requirement is in addition to the parking space requirements for hospitals set forth in preceding subparagraph (6).
14.
Offices. One (1) parking space for every three hundred (300) square feet of office space.
15.
Outdoor retail businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking space for each space as may be required by the Planning Commission because of the nature of the business and other relevant factors.
16.
Public and private elementary schools. One (1) parking space for each person regularly employed at such school plus one (1) additional space for each classroom.
17.
Public garages. Indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business plus three (3) parking spaces for each person regularly employed on the premises.
18.
Repair shops, plumbing shops, electrical shops, roofing shops and other service establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus two (2) parking spaces for each person regularly employed on the premises.
19.
Restaurants and other eating and drinking establishments. One (1) parking space for every two hundred (200) feet of total floor area.
20.
Self-service laundries. One (1) parking space for every two (2) washing machines.
21.
Service stations. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for each gas pump, three (3) spaces for each grease rack or similar facility, and one (1) space for every two (2) persons employed on the premises at maximum employment on a single shift.
22.
Theaters, auditoriums, churches, stadiums, civic centers and other places of public assembly. One (1) parking space for every six (6) seats available at maximum capacity.
23.
Motels and hotels. One and one-half (1½) parking spaces for each sleeping room offered for tourist accommodation plus one (1) space for each dwelling unit on the premises.
24.
Transportation terminals. One (1) parking space for every one hundred (100) square feet of waiting room space.
25.
Universities, colleges, junior colleges, technical schools and academies and similar institutions of higher learning. One (1) parking space for every six (6) seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus. If the institution has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space should be provided for each person regularly employed at such institution plus five (5) additional spaces for each classroom.
26.
Warehouses, freight terminals and trucking terminals. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person regularly employed on the premises.
27.
Wholesale businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment.
E.
Design And Schedule Of Off-Street Loading And Unloading Space.
1.
Design.
a.
Loading berth—description. An off-street loading berth shall be a hard-surfaced area of land, open or enclosed, other than a street or public way, used principally for the standing, loading or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets and alleys.
b.
Location. No permitted or required loading berth shall be closer than fifty (50) feet to any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence, or any combination thereof not less than six (6) feet in height. No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets. Loading berths open to the sky may be located in any required yards.
c.
Measurement of berth. When determination of the number of required off-street loading berths results in a requirement of a fractional berth, any fraction up to and including one-half (½) shall be disregarded, and fractions over one-half (½) shall be interpreted as one (1) loading berth.
d.
Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven (7) inches thick, surfaced with not less than two (2) inches of asphaltic concrete or some comparable all-weather dustless material.
(1)
Every building or structure used for business, trade or industry shall provide adequate space for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designated, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. At least the following off-street loading and unloading space requirements for specific uses shall be provided:
(a)
Retail businesses and service establishments. One (1) off-street loading and unloading space at least twelve (12) feet by thirty-five (35) feet for every three thousand (3,000) square feet of total floor area.
(b)
Industrial plants. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every ten thousand (10,000) square feet of total floor area.
(c)
Warehouses and wholesale storage facilities. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every seventy-five hundred (7,500) square feet of total floor area.
(d)
Freight terminals and trucking terminals. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every five thousand (5,000) square feet of total floor area.
Section 405.220 Community Unit Plan.
[CC 1985 §42.640]
A.
The owner or owners of any tract of land in any district zoned for residential purposes comprising an area of not less than four (4) acres may submit to the Board of Aldermen a plan for the use and development of all of such tract of land for residential purposes. Such development plan should be referred to the Planning Commission for study and report and for public hearing, all to be completed by the Planning Commission within sixty (60) days from the date the Commission receives such plan.
B.
If the Planning Commission approves the development plan, it may then be approved by the Board of Aldermen after a public hearing held following publication in a newspaper circulated in the City at least fifteen (15) days previously of a notice giving time and place and purpose of the hearing, and zoning certificate, building permits and certificates of occupancy may then be issued there, even though the use of land and the use and location of structures does not conform to all the regulations contained in other Sections of this Chapter. Such development plan shall not be approved except under the following conditions:
1.
Under the development plan, the property adjacent to the area included in the plan is properly safeguarded.
2.
The plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
3.
The buildings shall be used only for residential purposes and the usual accessory uses, such as garages, storage space, and community activities, including churches.
4.
The average lot area per family contained in the site, exclusive of the area occupied by streets, shall not be less than the lot area per family of the zoning district in which the development is located.
5.
At least two hundred fifty (250) square feet of area per family unit be set aside and maintained for playground recreation area.
6.
Assurance shall be required from the developer that the project will be used for the specified purposes and the Board of Aldermen may require an agreement restricting the area to such uses.