Chaffee City Zoning Code
ARTICLE III
Height and Area Requirements/Exceptions
Section 405.260 Table of Height and Area Requirements.
[CC 1978 §405.090; Ord. No. 766 §14, 12-4-1972; Bill No. 94-01(405.090), 1-17-1994; Bill No. 98-04(405.090D), 3-16-1998; Bill No. 2008-01(405.090D), 2-4-2008]
A.
The following are the height and area requirements for various zones:
1.
"R-1" Single-Family Residential.
a.
Maximum height of building shall be two and one-half (2½) stories, but in no case shall any building exceed thirty-five (35) feet in height as defined in this Chapter.
b.
Minimum depth of front yard in feet: 25 feet.
c.
Minimum width of side yard in feet: 5 feet on each side.
d.
Minimum depth of rear yard in feet: 25 feet.
e.
Minimum lot area per family in square feet: 4,800 square feet.
f.
Minimum lot width in feet: 40 feet.
g.
Minimum lot area in square feet: 4,800 square feet.
2.
"R-2" Multiple-Family Residential.
a.
Maximum height of building shall be three (3) stories, but not to exceed forty-five (45) feet.
b.
Minimum depth of front yard in feet: 25 feet.
c.
Minimum width of side yard in feet: 5 feet for buildings less than 3 stories in height. For three-story buildings, each side yard shall be not less than 8 feet on each side.
d.
Minimum depth of rear yard in feet: 25 feet for buildings less than 3 stories in height. For three-story buildings, each rear yard shall be not less than 30 feet.
e.
Minimum lot area per family in square feet: 3,000 square feet for each family unit, in addition to parking areas and drives.
f.
Minimum lot width in feet: 40 feet.
g.
Minimum lot area in square feet: 4,800 square feet.
3.
"C-1" Light Commercial District.
a.
Maximum height of building shall be three (3) stories, but not to exceed forty-five (45) feet.
b.
Minimum depth of front yard in feet: 25 feet.
c.
Minimum width of side yard in feet: None for non-residential buildings; except that on a lot abutting a residential district, there shall be a side yard of not less than 5 feet on the side abutting the residential district. Side yards where dwelling is located in this district shall be not less than 5 feet on each side.
d.
Minimum depth of rear yard in feet: 20 feet, except that rear yards on a lot abutting residential district shall be at least 25 feet. Rear yard shall be 25 feet on any lot on which a dwelling is located in this district.
e.
Minimum lot area per family in square feet: 3,000 square feet for each family unit, in addition to parking areas and drives.
f.
Minimum lot width in feet: 40 feet.
g.
Minimum lot area in square feet: 6,000 square feet.
4.
"C-2" Heavy Commercial District.
a.
Maximum height of buildings shall be three (3) stories, but not to exceed forty-five (45) feet.
b.
Minimum depth of front yard in feet: None.
c.
Minimum width of side yard in feet: No side yard required for non- residential buildings, except that on a lot abutting a residential district, there shall be a side yard of not less than 5 feet on the side of the lot abutting the residential district. Side yards for dwellings shall be the same as are "R-1" or "R-2" requirements, depending upon the nature of the dwelling.
d.
Minimum depth of rear yard in feet: No rear yards required, except that on lots abutting a residential district, there shall be a rear yard of not less than 5 feet (which rear yard shall not include any part of an alley).
e.
Minimum lot area per family in square feet: 1,500 for each first story dwelling unit, in addition to parking areas and drives.
f.
Minimum lot width in feet: 25 feet.
g.
Minimum lot area in square feet: 3,500 square feet.
5.
"M-1" Light Industrial District.
a.
Maximum height of building shall be four (4) stories, but not to exceed fifty (50) feet.
b.
Minimum depth of front yard in feet: 25 feet.
c.
Minimum width of side yard in feet: No side yard required, except that on a lot abutting a residential district, there should be a side yard of not less than 10 feet on the side of the lot abutting the residential district. Where residences or dwellings are located in this district, the minimum setback requirements of "R-2" would apply, unless otherwise provided as in the case of mobile homes.
d.
Minimum depth of rear yard in feet: 25 feet.
e.
Minimum lot area per family in square feet: 3,000 for each first story dwelling unit, including a minimum open lot area of 2,000 square feet, in addition to parking areas and drives.
f.
Minimum lot width in feet: 60 feet.
g.
Minimum lot area in square feet: 6,000 square feet.
6.
"M-2" Heavy Industrial District.
a.
Maximum height of building shall be eight (8) stories, but not to exceed one hundred (100) feet.
b.
Minimum depth of front yard in feet: 25 feet.
c.
Minimum width of side yard in feet: No side yard required, except that on a side of a lot abutting a residential district, there should be a side yard of not less than 20 feet for any industrial building or commercial building. For any dwelling the minimum side yard requirements of "R-2" will apply, unless otherwise provided as in the case of mobile homes.
d.
Minimum depth of rear yard in feet: 25 feet.
e.
Minimum lot area per family in square feet: 3,000 for each first story dwelling unit, including a minimum open lot area of 2,000 square feet, in addition to parking areas and drives.
f.
Minimum lot width in feet: 60 feet.
g.
Minimum lot area in square feet: 6,000 square feet.
7.
"A" Agricultural District.
a.
No buildings for permitted uses shall be located any closer than forty (40) feet from any residential or light commercial district. No animal pens of any kind shall be located closer than four hundred (400) feet from any lot in any "R" District.
b.
A minimum lot area of five (5) acres shall be required for single-family dwelling use. No residential structure shall be erected or altered, except that the same shall be, when completed, in complete conformity with the existing requirements of this Section.
c.
Public schools, elementary and high schools or private schools having a curriculum ordinarily given in a public elementary school or similar thereto should conform to the following minimum standards: five (5) acres, plus one (1) additional acre per one hundred (100) student-designed capacity in excess of five hundred (500) students.
d.
Front yard areas. There shall be a front yard between the building line and the highway or street right-of-way lines as shown on the Chaffee Comprehensive Community Plan as follows:
(1)
From major highways, setback distance is eighty (80) feet.
(2)
From arterial highways, setback distance is seventy (70) feet.
(3)
From collector roads, setback distance is sixty (60) feet.
(4)
From local streets, setback distance is thirty (30) feet, unless greater distance from the street line is required because of other provisions of this Chapter.
Section 405.270 Height and Area Exceptions and Modifications.
[CC 1978 §405.100; Ord. No. 766 §14A, 12-4-1972; Bill No. 2006-10(405.100B6), 5-1-2006]
A.
The regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Height. The height regulations heretofore established shall be adjusted in the following cases:
a.
Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided front and rear yards are increased in depth and side yards are increased in width two (2) feet for each ten (10) feet of height that the building exceeds the height regulations of the district in which it is located.
b.
The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided the height of these structures does not violate any ordinance of the City of Chaffee.
c.
The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided that such buildings do not exceed the height in feet permitted in the district in which they are located.
2.
General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases:
a.
Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, cornices, and ornamental features not to exceed twelve (12) inches.
b.
Open or lattice enclosed fire escapes, required by law, projecting into a yard not to exceed three and one-half (3½) feet and the ordinary projection of chimneys and pilasters shall be permitted by the City Engineer when placed so as not to obstruct light and ventilation.
c.
Terraces, uncovered porches and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
d.
Where a lot or tract is used for educational, institutional, motel, hotel, commercial, or industrial purposes, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
e.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for buildings three (3) stories or more in height.
f.
Fence placement.
(1) FENCE FRONT SIDE OF BUILDING REPLACE OR REPLACEMENT
Definitions. The following words and terms shall be defined as follows when such words or terms are used hereinbelow:
A hedge, plant or tree growth, structure or partition erected for the purpose of enclosing or dividing a piece of land or for the purpose of preventing intrusion from without or straying from within.
The side or sides of the main building located on the lot which side or sides face a street.
Repair or reconstruction or substitution of the materials representing fifty percent (50%) or more of the total materials constituting the side of the existing fence to be affected.
(2)
Fences in which the openings between the materials of which the fence is constructed represent less than seventy percent (70%) of the total surface may be erected as follows:
(a)
To a height not exceeding four (4) feet along the boundaries of a lot, or
(b)
If of wooden construction to a height of no more than six (6) feet along the property lines of the lot, provided the fence does not extend toward the street beyond the front side or sides of the primary building located on the lot.
(3)
Fences in which the openings between the materials of which the fence is constructed represent more than seventy percent (70%) of the total surface may be erected as follows:
(a)
In zoning districts zoned commercial or industrial. To a height not exceeding six (6) feet along the property lines of the lot.
(b)
In all zoning districts other than commercial and industrial. To a height not exceeding six (6) feet along the property lines of the lot except the height shall not exceed four (4) feet in any area extending toward the street beyond the front side or sides of the primary building located on the lot.
(5)
All fences shall be constructed of materials which are generally accepted and used as and for fencing, excluding those materials which are prohibited by other provisions of the City ordinances of the City of Chaffee to be used as fencing materials
(6)
The percent of openings between the materials of which a fence is constructed shall be determined by considering the openings visible from all exterior points of the fence when viewing the fence along a projected line being a line extended from each such exterior point perpendicularly to the fence.
(7)
In all instances where a fence is to be erected or replaced or modified, a permit shall be obtained prior to such placement or replacement or modification of said fence. An application for such permit shall be delivered to the Building Inspector of the City of Chaffee along with a non-refundable application fee of ten dollars ($10.00), which application shall contain a diagram showing the location of the buildings upon the lot and the location of the fence to be erected or replaced on said lot. The application shall then be submitted to the City Council of the City of Chaffee by the Building Inspector where approval for the construction or replacement of such fence shall be granted or denied using the same procedure as is required for building permits in the City of Chafee, Missouri.
[Ord. No. 405.270A.2.f.7, 8-5-2019]
3.
Front yards. The front yards heretofore established shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
b.
Where forty percent (40%) or more of the frontage on one (1) side of a building between two (2) intersecting streets is developed with buildings that do not have a front yard as described above, then:
(1)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
(2)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent buildings; or
(3)
Where a building is to be erected on a parcel of land that is more than one hundred (100) feet from any building on either side, a front yard having a depth of not less than twenty-five (25) feet shall be provided.
c.
Interior lots abutting on two (2) streets shall provide the required front yard on both streets.
d.
On corner lots, a front yard shall be provided on each street except on lots of record.
e.
An unenclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
f.
Filling station pumps and pump islands may be located within a required yard, provided they are not less than fifteen (15) feet distant from any street line and not less than fifty (50) feet distant from any "R" District.
g.
In any "R" District, no fence, structure, or planting shall be maintained within thirty (30) feet of any street intersection.
h.
One (1) directional or name sign or sign advertising products sold on the premises may occupy required yards in a district when such sign is permitted by the use regulations of this Chapter, provided such sign is not more than thirty-five (35) square feet in area, and does not contain flashing, moving, or intermittent illumination.
4.
Side yards. The side yards heretofore established shall be adjusted in the following cases:
a.
Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five (5) feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court.
b.
For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling shall be considered as one (1) building occupying one (1) lot.
c.
Whenever a lot of record at the time of passage of this Chapter has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than four (4) feet.
d.
On corner lots of record, there shall be a side yard adjacent to the side street of not less than ten (10) feet.
e.
A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports and not less than five (5) feet from any side lot line.
5.
Rear yards. The rear yards heretofore established shall be adjusted in the following cases:
a.
Where a lot abuts upon an alley, one-half (½) the alley width may be considered as part of the required rear yard.
6.
Lot area per family. Where a lot of record at the time of the effective date of this Chapter or a lot in a subdivision which the City Council has officially approved and agreed to accept at the time of the effective date of this Chapter has less area or width than herein required in the district in which it is located, said lot may nonetheless be used for a single-family dwelling or for any other non-dwelling use permitted in the district in which it is located.
7.
Accessory buildings. The accessory building regulations heretofore established shall be adjusted in the following manner:
a.
Accessory buildings may be built in a rear yard, but such accessory buildings shall not occupy more than thirty percent (30%) of the required rear yard and shall not be nearer than five (5) feet from any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than five (5) feet to the alley line.
b.
If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purpose of determining the side and rear yards.
c.
No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.
d.
No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises.
8.
On all lots of record at the time of the execution date of this Chapter or lots in a subdivision which the City Council has officially approved and agreed to accept at the time of the execution date of this Chapter where there are existing improvements as of the date of this Chapter, if such existing lots of record are combined, the resulting lots must be sixty (60) feet in width as a minimum before permits for new improvements on the resulting combined tract shall issue.