Except as hereinafter provided in all districts of the city:

(1)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.

(2)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

(3)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

(4)

The density and yard regulations of this article are minimum regulations for each building existing at the effective date of the ordinance from which this article is derived and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building.

(5)

Every building hereafter erected or structurally altered shall be located on a lot, as herein defined, and in no case shall there be more than one main building on a lot except as otherwise provided in this article.

(6)

No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of this article.

(7)

Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.

(8)

All inhabited trailers shall be located in a trailer court that has received a conditional use permit as required by section 64-27. No trailer outside an approved trailer court shall be connected to utilities.

(Ord. No. 1787-2019, art. I, § 3, 2-11-2019)

(a)

No fence more than 30 percent solid or more than three feet high may be located within 30 feet of a street intersection.

(b)

Except as provided in subsection (a) of this section, fences less than four feet high may be located on any part of a lot. Except as provided in subsection (a) of this section, fences less than eight feet high may be erected on those parts of a lot that are as far back or farther back from the street than the main building.

(c)

Retaining walls over four feet in height shall be setback two feet from any property line.

(Ord. No. 1787-2019, art. II, § 4B(4), 2-11-2019)

(a)

All inhabited trailers shall be located in a trailer court which has received a conditional use permit and which conforms with the requirements of subsection (b) of this section. No trailer outside of an approved trailer court shall be connected to utilities except those trailers being offered for sale and not inhabited.

(b)

Trailer courts shall meet the following minimum standards:

(1)

Each lot provided for the occupancy of a single mobile home unit shall have an area of not less than 5,000 square feet and a width of not less than 50 feet, and no park shall be permitted an average density of trailer lots of more than eight per acre, and each trailer court shall provide an area of not less than ten acres.

(2)

All trailer courts shall provide lots sufficient in size that no trailer or any structure, addition or appurtenance thereto is located less than ten feet from the nearest adjacent court boundary.

(3)

Space between trailers may be used for the parking of motor vehicles if the space is clearly designated and the vehicle is parked at least ten feet from the nearest adjacent court boundary.

(4)

Each trailer site shall abut or face a clear unoccupied space, driveway, roadway, or street of not less than 20 feet in width, which shall have unobstructed access to a public highway, street or alley.

(5)

The trailer court shall be surrounded by a landscaped strip of open space 50 feet wide along the street frontage of a major street and 25 feet wide along all other lot lines or street frontage.

(Ord. No. 1787-2019, art. II, § 4B(5), 2-11-2019)

(a)

Maximum height limits for structures in each district are as follows:

(1)

35 feet in the RC, RS, RA, and RP Districts.

(2)

45 feet in the RA-1, C-1, C-2, C-3, C-4 and M District.

(b)

The above height limits may be exceeded in the following instances:

(1)

Public, semipublic or public service buildings, hospitals, institutions, agricultural buildings, or schools, when permitted in a district, may be erected to a height not exceeding 110 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.

(2)

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, stacks, conveyors and flagpoles may be erected to such height as may be authorized by the council.

(3)

Buildings in the M-2 District may be increased in height one foot for each foot the building is set back from all yard lines up to a maximum height of 100 feet, provided that the gross floor area provided, exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed.

(Ord. No. 1787-2019, art. II, § 5, 2-11-2019)

In the RC Conservation District, a building or premises shall be used only for the following purposes:

Permissive uses.

a.

Agricultural activity with farm residence and farm accessory buildings.

b.

Parks, parkways, scenic areas, wildlife refuges, trails and greenways.

c.

Golf course, public and private noncommercial picnic grounds and boat docks.

d.

Cemetery.

(Ord. No. 1787-2019, art. II, § 4A(1), 2-11-2019)

In the RS-1 and RS-2 and RS-3 Residential Districts, a building or premises shall be used only for the following purposes:

(1)

Permissive uses.

a.

Single-family dwelling.

b.

Public park or playground.

c.

Home occupation.

d.

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.

e.

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

(2)

Conditional uses.

a.

Privately operated lake, swimming pool, or tennis court on-site of not less than five acres.

b.

Public building erected by any governmental agency.

c.

Hospital, nursing home, and educational, philanthropic or religious institution on-site of not less than five acres, provided not more than 50 percent of the site area may be occupied by buildings, and provided further that the building shall be set back from all required yard lines an additional foot for each foot of building height.

d.

Parking lot located within 300 feet of a C or M District.

e.

Two-family home in those locations where on the effective date of the ordinance from which this chapter is derived more than 40 percent of the frontage on one side of a street between two intersecting streets is used for two-family homes or two-family homes and multiple dwellings.

f.

Nursery, prekindergarten, kindergarten, play, special and other private school.

g.

Church.

h.

Private recreational facility where building do not occupy more than ten percent of the site area.

i.

Greenhouse or nursery.

j.

Private club, fraternity, sorority, or lodge, excepting when the chief activity of which is a service customarily carried on as a business.

k.

Quarry.

l.

Bed and breakfasts are permitted in houses constructed on or before the date and passage of the ordinance from which this chapter is derived; however, no existing house shall be enlarged to create additional space for guest rooms. All parking shall be located in the rear yard on paved parking spaces, accessed by a paved driveway, with no parking in the front or side yard. No parking for the bed and breakfast shall be permitted in any public street or right-of-way. There shall be no more than five guest rooms in a bed and breakfast. One sign is permitted, not to exceed four square feet, with one reflected light.

(Ord. No. 1787-2019, art. II, § 4A(2), 2-11-2019)

In the RA-1 Residential District, a building or premises shall be used only for the following purposes:

(1)

Permissive uses.

a.

Any permissive use of the RS-1 District.

b.

Two-family dwelling.

c.

Multifamily dwelling.

(2)

Conditional uses.

d.

Medical clinic.

e.

Roominghouse or boardinghouse.

f.

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

g.

Hospital or sanitarium, except criminal, mental or animal hospital.

h.

Private club, fraternity, sorority, or lodge, excepting when the chief activity of which is a service customarily carried on as a business.

i.

Public building erected by any governmental agency.

j.

Parking lot located within 300 feet of a C or M District.

k.

Private school.

(Ord. No. 1787-2019, art. II, § 4A(3), 2-11-2019)

The purpose of this district is to provide for elements of flexibility in design, placement, arrangement, bulk and other considerations involved in planned districts; to provide a framework within which the buildings and uses in the planned district may be interrelated with adjacent development and areas; and to maintain the desired overall intensity of land use, desired population densities, and desired areas of open space. In the RP-1 Planned Unit Development (PUD) District, a building or premises shall be used only for the following purposes:

(1)

Permitted uses.

a.

Single-family dwellings.

b.

Attached single-family dwellings.

c.

Townhouses, not to exceed six attached units.

(2)

Floor area. A minimum of 1,000 square feet per unit.

(3)

Site size and permitted uses. A minimum site size of 1½ acres for subsection (2) of this section, and a minimum site size of ten acres for subsections (1)a, b and c of this section and multifamily dwellings.

(4)

Yard regulations.

a.

Sufficient open space accessible for the occupants.

b.

A space between structures for firefighting purposes.

c.

Consistency with the usual character of the surrounding area.

d.

Front, side and rear yards shall be the same as required for abutting districts.

e.

A minimum lot width of 100 feet.

(5)

Density regulations.

a.

Sites with less than ten acres shall have a minimum of 6,000 square feet per dwelling unit (7.3 units per acre).

b.

Sites of ten acres or more shall have a minimum of 4,000 square feet per dwelling unit (10.8 units per acre).

(6)

Height regulations: 35 feet.

(7)

Application for rezoning.

a.

An application for a PUD District shall be filed in accordance with article IV of this chapter.

b.

A preliminary development plan shall be attached. The process shall be the same as for any amendment to the zoning ordinance.

(Ord. No. 1787-2019, art. II, § 4A(4), 2-11-2019)

[In the C-1 Neighborhood Commercial District, a building or premises shall be used only for the following purposes:]

(1)

Permissive uses.

a.

Any permissive use of the RA-1 District, except residential uses.

b.

Automobile parking lot or parking garage.

c.

Bank or financial institution.

d.

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.

e.

Mortuary.

f.

Office or office building.

g.

Personal service 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.

h.

Private school.

i.

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

j.

Theater, not including drive-in theater.

k.

Bar or tavern.

l.

Self-service laundry or cleaning establishment.

m.

Loft apartments.

(2)

Conditional uses.

a.

Automobile service station.

b.

General service and repair establishments, including dyeing or cleaning works or laundry, plumbing and heating, printing, painting, upholstering, or appliance repair.

c.

Hotel.

(Ord. No. 1787-2019, art. II, § 4A(5), 2-11-2019; Ord. No. 1943-2024, § 1, 2-26-2024)

In the C-2 General Commercial District, a building or premises shall be used only for the following purposes:

(1)

Permissive uses.

a.

Any permissive use of the C-1 District.

b.

Automobile or trailer display and salesroom.

c.

Bowling alley or billiard parlor.

d.

Business or commercial school.

e.

Dancing or music academy.

f.

Display and salesroom.

g.

Farm implements, sale and repair.

h.

Farm store or feed store, including accessory storage of liquid or solid fertilizer.

i.

Frozen food locker.

j.

Hotel.

k.

Laboratory, research, experimental or testing.

l.

Motel.

m.

Milk distributing station.

n.

Public garage, filling station and automobile repair shop, or parking lot.

o.

Radio or television broadcasting station or studio.

p.

Veterinarian, animal hospital, or kennel.

q.

Used car, trailer or boat sales.

r.

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

s.

Medical marijuana dispensary facility, entirely enclosed within building.

(2)

Conditional uses.

a.

Drive-in establishment, including restaurant and theater.

b.

Lumberyard.

c.

Bakery.

d.

Bottling works.

e.

Wholesale establishment or warehouse in a completely enclosed building.

f.

Truck or bus terminal.

g.

Trailer court in accordance with the provisions of section 64-27.

h.

Storage lots and enclosed storage buildings.

i.

Medical marijuana-infused products manufacturing facility, entirely enclosed within building, with or without dispensary.

j.

Medical marijuana testing facility, entirely enclosed within building, with or without dispensary.

(Ord. No. 1787-2019, art. II, § 4A(6), 2-11-2019; Ord. No. 1793-2019, § 2, 5-13-2019)

In the C-3 Planned Mixed Use District, a building or premises shall be used only for the following purposes:

(1)

A building or premises shall be used only for retail shops, offices and multifamily residential on any floor above the first floor, with an entrance foyer and elevator for the multifamily units on the first floor.

(2)

All developments in the C-3 Mixed Use District shall be approved in accordance with the procedures set forth in section 64-307. A conditional use permit requires approval by the city plan commission and the city council.

(3)

The final plan shall be the standard plot plan required to obtain a building permit, except that it shall show the use or types of uses to be accommodated in each building or portion thereof.

(4)

The preliminary plan shall:

a.

Be drawn to scale;

b.

Show boundaries of property to be developed;

c.

Show the proposed uses, size, and location of proposed buildings; use and arrangement of parking and number of cars; entrance and exit driveways and their relationship to existing and proposed streets;

d.

Indicate location, type, use and size of structures on adjacent properties within 200 feet of the proposed development;

e.

Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the official plan; and

f.

Indicate the stages, if any, which will be followed in construction.

(Ord. No. 1787-2019, art. II, § 4A(7), 2-11-2019)

In the C-4 Planned Commercial District, a building or premises shall be used only for the following purposes:

(1)

A building or premises may be used only for the retail sale of merchandise; restaurants services; general and professional offices; recreational, except outdoor theaters; parking areas and other facilities ordinarily accepted as shopping center uses.

(2)

All developments in the C-3 Mixed Use District shall be approved in accordance with the procedures set forth in section 64-307. A conditional use permit requires approval by the city plan commission and the city council.

(3)

The final plan shall be the standard plot plan required to obtain a building permit, except that it shall show the use or types of uses to be accommodated in each building or portion thereof.

(4)

The preliminary plan shall:

a.

Be drawn to scale;

b.

Show boundaries of property to be developed;

c.

Show the proposed uses, size, and location of proposed buildings; use and arrangement of parking and number of cars; entrance and exit driveways and their relationship to existing and proposed streets;

d.

Indicate location, type, use and size of structures on adjacent properties within 200 feet of the proposed development;

e.

Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the official plan; and

f.

Indicate the stages, if any, which will be followed in construction.

(Ord. No. 1787-2019, art. II, § 4A(8), 2-11-2019)

In the M-1 Light Industrial District, a building or premises shall be used only for the following purposes:

(1)

Permissive uses. Any use permitted in the C-2, Central Business District. The following light industrial uses and similar uses are permitted as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke or vibration:

a.

Agricultural feed and seed stores.

b.

Agricultural equipment sales and services.

c.

Automotive and equipment repair companies.

d.

Lumber yards and construction materials sales.

e.

Manufacturing.

f.

Assembly, fabrication.

g.

Packaging and processing plants.

h.

Research and development laboratories.

i.

Trailer and truck sales and services.

j.

Truck terminals, warehousing facilities.

and other uses not allowed in the R and C Districts.

(2)

Conditional uses. Medical marijuana cultivation facility, cultivation inside or outside a building allowed.

(Ord. No. 1787-2019, art. II, § 4A(9), 2-11-2019; Ord. No. 1793-2019, § 2, 5-13-2019)

In the M-2 General Industrial District, a building or premises shall be used only for the following purposes:

(1)

Permissive uses. All uses in the M-2 District shall be approved in accordance with procedure set forth in section 64-307. A conditional use permit requires approval by the city plan commission and the city council.

(2)

Conditional uses.

a.

Medical marijuana-infused products manufacturing facility, entirely enclosed within building, with or without dispensary.

b.

Medical marijuana testing facility, entirely enclosed within building, with or without dispensary.

c.

Medical marijuana cultivation facility, entirely enclosed within building.

d.

Medical marijuana cultivation facility, cultivation inside or outside of a building allowed.

(Ord. No. 1787-2019, art. II, § 4A(10), 2-11-2019; Ord. No. 1793-2019, § 2, 5-13-2019)

A person who is not a Missouri licensed marijuana facility or medical facility commits the offense of unlawful marijuana cultivation practices if they cultivate marijuana plants that are visible by normal, unaided vision from a public place, or that are not kept in a locked space, and such person shall be subject to a civil penalty not exceeding $250.00 and forfeiture of the marijuana.

(Ord. No. 1959-2024, 8-26-2024; Ord. No. 1968-2024, 12-16-2024)

(a)

General. The regulations hereinafter set forth in this section supplement applicable regulations of the district in which the building or structure is located. No accessory building shall be constructed upon a lot until the construction of the main building has commenced, and no accessory building shall be used for dwelling purposes. Building permits are required for all accessory buildings or structures unless otherwise exempted by ordinance.

(b)

Location. Accessory buildings or structures may be constructed or installed in a required side or rear yard, but such accessory buildings or structures shall not occupy more than 70 percent of a required side or rear yard and shall not be nearer than five feet to any side or rear lot line or the width of any recorded or unrecorded utility easement, whichever is greater, except that when a garage or carport is entered from an alley, it shall not be located closer than ten feet to the alley line. If an accessory building or structure is located closer than ten feet to the main building, the building or structure shall be regarded as part of the main building for the purposes of determining side and rear yards unless otherwise permitted by ordinance.

(c)

Portable or movable storage buildings or sheds. Portable or a movable storage shed or sheds are considered accessory buildings and may be installed in a side and rear yard only but shall not be nearer than five feet to any side or rear lot line or the width of any recorded or unrecorded utility easement, whichever is greater. If the storage building is located closer than ten feet to the main building, the storage building shall be regarded as part of the main building for the purposes of determining side and rear yards. If a portable or movable storage building or shed is 120 square feet or smaller a building permit is not required.

(d)

Accessory carports. Carports entirely open on two or more sides shall be permitted in a required side and rear yard and be allowed to be installed up to the property line. When installed within five feet of the property line the carport shall be constructed only by materials approved by the adopted building code (fire resistant). A survey shall be required to install closer than five feet to any side or rear property line. Any carport attached to the main building shall be regarded as part of the main building for determining side and rear yard setbacks. No such carport shall extend forward of the front line of the main building. Where the carport is installed in a side yard, one open side shall face the street or right-of-way providing access to the front or rear yard of the lot.

(e)

Swimming pools, spas, or hydromassage tubs, and appurtenances thereto.

(1)

Swimming pools, spas, hydromassage tubs and any appurtenance thereto may be located and installed in the following locations:

a.

In a rear yard not closer than ten feet to any property line, except for boundary fences also serving as pool barriers.

b.

Inside or within an enclosed or open building or structure.

c.

Within a courtyard.

d.

Within the allowable building area of a building or structure if said area is located entirely within or behind the principle use building or structure.

e.

In an interior side yard on a corner lot, double-frontage or through lot, or a multiple-frontage lot.

(2)

The required setbacks and 70 percent maximum rear yard coverage for accessory buildings and structures located in an allowed interior side yard shall be the same as if the swimming pool or other accessory buildings or structures were in the rear yard.

(3)

The rear yard and side yard area on a corner lot, double-frontage or through lot, or a multiple-frontage lot may be combined when calculating the maximum rear yard coverage of accessory buildings and structures.

(Ord. No. 1988-2025, § 2, 4-28-2025)

The requirements set forth in this division shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

(Ord. No. 1787-2019, art. II, § 4B(2)(a), 2-11-2019)

This division shall not govern any tower, or the installation of any antenna, that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

(Ord. No. 1787-2019, art. II, § 4B(2)(b), 2-11-2019)

Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance from which this chapter is derived shall not be required to meet the requirements of this division.

(Ord. No. 1787-2019, art. II, § 4B(2)(c), 2-11-2019)

Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. No. 1787-2019, art. II, § 4B(2)(d), 2-11-2019)

Each applicant for an antenna or tower shall provide to the building division of the city an inventory of its existing towers that are either within the city or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower.

(Ord. No. 1787-2019, art. II, § 4B(2)(e), 2-11-2019)

The guidelines set forth in this section shall govern the location of all towers and the installation of all antennas governed by this division:

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and support structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(Ord. No. 1787-2019, art. II, § 4B(2)(f), 2-11-2019)

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas.

(Ord. No. 1787-2019, art. II, § 4B(2)(g), 2-11-2019)

To ensure the structural integrity of towers, the owner of the tower shall ensure that it is maintained in compliance with standards contained in locally adopted building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.

(Ord. No. 1787-2019, art. II, § 4B(2)(h), 2-11-2019)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence shall be submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna.

(Ord. No. 1787-2019, art. II, § 4B(2)(i), 2-11-2019)

Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the city may waive or modify such requirements as it deems appropriate.

(Ord. No. 1787-2019, art. II, § 4B(2)(j), 2-11-2019)

(a)

Installing an antenna on an existing structure of any height other than a tower (such as a building, sign, light pole water tower, or other freestanding nonresidential structure), so long as the additional antenna adds no more than 20 feet to the height of the existing structure; provided, however, that such permitted use shall not include the placement of additional buildings or other support structures used in connection with the antenna.

(b)

Installing an antenna on any existing tower of any height, including a preexisting tower, so long as the additional antenna adds no more than 20 feet to the height of the existing tower; provided, however, that such permitted use shall not include the placement of additional buildings or other support structures used in connection with the antenna.

(Ord. No. 1787-2019, art. II, § 4B(2)(k), 2-11-2019)

Locating a tower within a nonresidential zoning district in conformity with the following setback requirements:

(1)

Towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district;

(2)

Towers less than 150 feet in height but more than 100 feet in height shall be located no closer than 750 feet to any residential zoning district; and

(3)

Towers 150 feet in height and greater shall be located no closer than 1,000 feet to any residential zoning district.

(Ord. No. 1787-2019, art. II, § 4B(2)(l), 2-11-2019)

An application to locate an antenna or tower must include the following information and a full site plan, at a scale of one-inch to 100 feet, indicating the following information: the total area of the site; existing zoning of the property; public and private right-of-way and easement lines; existing and proposed topography with a maximum of five-foot contour intervals; the location of all existing buildings and structures and the proposed tower location; existing and proposed sidewalks, open areas, proposed fences, streets and utilities.

(Ord. No. 1787-2019, art. II, § 4B(2)(m), 2-11-2019)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment.

(Ord. No. 1787-2019, art. II, § 4B(2)(n), 2-11-2019)

The following minimum yards, measured in feet, shall be provided within the districts indicated below:

Yard Standards

Ord. No. 1787-2019, art. II, § 6A, 2-11-2019)

The following additional yard requirements must also be observed:

(1)

In the C and M Districts, there may be more than one building on a lot, provided that the required yards be maintained around the group of buildings.

(2)

There may be two or more related multifamily, hotel, motel, or institutional buildings on a lot, provided that the required yards be maintained around the group of buildings, and buildings that are parallel or that are within 45 degrees of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building.

(3)

Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered.

(4)

Required front yards shall be devoted entirely to landscaped area except for guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard.

(5)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(6)

The minimum width of side yards for schools, libraries, churches, community buildings and other public and semipublic buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a commercial or industrial district, in which case the width of that yard shall be as required in the district in which the building is located.

(7)

No sign, fence, wall, shrub or other obstruction to vision exceeding three feet in height above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 30 feet distant from the intersection of the street lines.

(8)

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard. For the purpose of side yard regulations, a two-family dwelling or multifamily dwelling shall be considered as one building occupying one lot.

(Ord. No. 1787-2019, art. II, § 6B, 2-11-2019)

The following exceptions may be made to the yard requirements:

(1)

Where, on the effective date of the ordinance from which this chapter is derived, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:

a.

Where the building farthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

b.

Where subsection (a) of this section is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.

c.

Where neither subsection (a) nor (b) of this section is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

(2)

Filling station pumps and pump islands may occupy required yards; provided, however, that they are not less than 15 feet from all lot lines.

(3)

Signs in accordance with article V of this chapter.

(4)

No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard as may be required for a commercial or industrial building on the side of a lot adjoining a residential district.

(5)

Accessory buildings may be located in a rear yard but may not occupy more than 30 percent of a rear yard.

(6)

Any accessory building closer than ten feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.

(7)

Decks attached to a house in the RS-1 and RS-2 Districts may extend 15 feet into the required rear yard.

(8)

An accessory building, other than a garage or carport, more than ten feet from a main building may be erected within five feet of a side or rear lot line but must be located at least 60 feet from the front street line.

(9)

Where a garage or carport is entered from an alley, it must be kept ten feet from the alley line.

(10)

On corner lots, the minimum buildable width of 28 feet for main buildings is reduced to 22 feet for accessory buildings.

(11)

On corner lots abutting an alley, fences over three feet high shall be set back 15 feet along the alley and 15 feet along the street.

(12)

Each side yard, where required, shall be increased in width by one inch for each foot by which the length of the side wall of the building adjacent to the side yard exceeds 40 feet. Side yard widths may be varied where the side wall of the building is not parallel to the side lot line or is broken or otherwise irregular. In such case, the average width of the side yards shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than five feet in any case.

(13)

Where, on the effective date of the ordinance from which this chapter is derived, any structure exists in either a RS or RA District which does not comply with the side yard minimum, further construction on the lot shall be permitted, and such construction may encroach on the side yard only, provided that the encroachment does not exceed any existing encroachment. This provision shall apply to additions to existing structures only, and not new construction, and not closer than five feet to the property line.

(Ord. No. 1787-2019, art. II, § 6C, 2-11-2019)

The following minimum lot areas and lot widths must be provided in the districts indicated:

Minimum Lot Area and Width

(Ord. No. 1787-2019, art. II, § 7A, 2-11-2019)

The minimum lot area and lot width requirements established above may be modified as follows:

(1)

Where a lot of record, at the time of the effective date of the ordinance from which this chapter is derived, has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nevertheless be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located.

(2)

The number of permitted dwelling units for multifamily dwellings may be increased in the following instances:

a.

By 20 percent if architectural plans for the project are reviewed by a city-appointed consulting architect and his recommendations followed with the cost of such review paid for by the applicant.

b.

By ten percent if soundproofing between apartments is provided at or in excess of an impact noise rating (I.N.R.) of +5 as described in the publication of the Federal Housing Administration, entitled A Guide to Impact Noise Control in Multifamily Dwellings, dated January 1963.

c.

By five percent if a landscaped buffer area not used for off-street parking, with a minimum depth of ten feet or a masonry wall six feet in height is provided on all lot lines that are also district boundaries with a less restricted zoning district.

d.

By ten percent if the project provides at least two off-street parking spaces for each dwelling unit.

e.

By five percent if all of the required parking spaces are enclosed or in an underground structure.

f.

By ten percent if the project includes a club, tennis court, swimming pool or other major recreation facility occupying at least two-tenths of a square foot of land area for each square foot of floor area in the buildings.

g.

By five percent if the buildings proposed in the project meet the requirements of the department of defense, office of civil defense and can be officially designated as fallout shelters having a capacity equal to or greater than the number of residents allowed in the project.

The above percentages are to be applied individually and not cumulatively.

(3)

Existing buildings that are in violation of lot area requirements may be remodeled or repaired but may not be reconstructed or structurally altered unless made to conform to these requirements.

(4)

Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.

(Ord. No. 1787-2019, art. II, § 7B, 2-11-2019)

The following maximum floor area ratios are established for certain permitted uses in specified districts:

(1)

For residential, hotel, motel and multiple dwelling uses in the RA-2 and C-4 Districts, there shall be a maximum floor area ratio of 1½, except that where the building is set back from one or more of the required yard lines, the floor area of such building may be increased by six square feet of additional floor area for each square foot of area left open within the required front, side and rear yards required by division 5 of this article.

(2)

Maximum floor areas provided for in this section may be further increased by one square foot of floor area for each square foot of open space that is landscaped and planted and not paved.

(Ord. No. 1787-2019, art. II, § 7C, 2-11-2019)

Off-street parking spaces shall be provided as follows:

(1)

Single-family and two-family dwellings: one space for each bathroom or fraction thereof in the dwelling unit.

(2)

Multifamily dwellings: one and one-half spaces for each dwelling unit.

(3)

Roominghouses and boardinghouses, sororities and fraternities: one parking space for each 200 square feet of floor area.

(4)

Private club or lodge: one parking space for each 400 square feet of floor area.

(5)

Church or temple: one parking space for each four seats in the main auditorium.

(6)

School: for high schools, colleges and universities: ten spaces per classroom; for elementary schools: two parking spaces per classroom.

(7)

Hospital: two parking spaces for each bed.

(8)

Sanitarium or institutional home: one parking space for each three beds.

(9)

Funeral homes: ten parking spaces for each chapel, plus one for each funeral home vehicle, plus one for each family residing on the premises.

(10)

Auditoriums, theaters and other places of public assembly: one parking space for each five seats.

(11)

Community center, library, museum, or similar public or semipublic building: one parking space for each 300 square feet of floor area in the building.

(12)

Hotel or motel: five parking spaces plus one space for each sleeping room or suite.

(13)

Medical office building: for buildings in which 20 percent or more of the gross area is occupied by members of the healing profession, one parking space for each 200 square feet of the gross area used for this purpose.

(14)

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or other similar establishments: two parking spaces for every three employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

(15)

All nonresidential buildings, except those above specified: one space for each 300 square feet of floor area.

(Ord. No. 1787-2019, art. II, § 8A, 2-11-2019)

In computing the number of required off-street parking spaces, the following rules shall apply:

(1)

The term "floor area" means the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined.

(2)

Where fractional spaces result, the parking spaces required shall be the nearest whole number.

(3)

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(4)

Whenever a building or use constructed or established after January 1, 1960, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to January 1, 1960, is reconstructed or is enlarged to the extent of 20 percent or more in floor area, the building or use in its entirety shall thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20 percent of the gross floor area shall be provided with parking based on the enlargement or change.

(Ord. No. 1787-2019, art. II, § 8B, 2-11-2019)

All parking spaces required herein shall be located as follows:

(1)

The parking spaces required for residential buildings or uses shall be located on the same lot with the building or use served. The parking spaces required for any other building or use may be located on an area within 300 feet of the building and two or more owners of buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which the parking spaces are provided shall be restricted by an instrument of record describing the premises for which the parking is provided and assuring the retention of such parking so long as required by this division.

(2)

Parking spaces may be located in a front yard in any R Residential District, except that the parking spaces and driveways shall not exceed 30 percent of the front yard.

(Ord. No. 1787-2019, art. II, § 8C, 2-11-2019)

(a)

All open parking areas provided in compliance with this division shall be surfaced with a durable, dustproof surface consisting of concrete, bituminous concrete, or compacted gravel or crushed stone properly sealed and surface treated as approved by designated engineering personnel of the city. The parking areas shall be maintained in a usable dustproof condition and graded and drained to dispose of all surface water.

(b)

Whenever lighting is provided, it shall be so hooded or shielded as to reflect the light away from abutting or neighboring property, including public rights-of-way.

(c)

All areas not used for parking spaces, driveways, walks and delivery areas shall be landscaped.

(d)

The location of each parking space and the direction of movement along the access driveways shall be indicated by painting upon the surface of the lot.

(e)

A structurally sound wall or other abutment shall be installed and so placed around each side of the parking lot to ensure that no part of an automobile either extends over or is capable of accidentally rolling across the property line of the parking lot.

(Ord. No. 1787-2019, art. II, § 8D, 2-11-2019)

There shall be provided at the time any building is erected or structurally altered off-street loading space in accordance with the following requirements:

(1)

Office buildings, apartments, apartment hotels, motels and hotels: one space for each 5,000 to 50,000 square feet of gross floor area; two spaces for each 50,000 to 200,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 200,000 square feet.

(2)

Retail or service establishment or wholesale commercial use: one space for each 2,000 to 20,000 square feet of gross floor area; two spaces for each 20,000 to 100,000 square feet of gross floor area; one additional space for each 75,000 square feet of gross floor area above 100,000 square feet.

(3)

Manufacturing or industrial use: one space for each 10,000 square feet of floor area or fraction thereof in excess of 5,000 square feet.

(4)

In all cases where the off-street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than 50 feet shall be provided on the lot on which the industrial use is located.

(Ord. No. 1787-2019, art. II, § 8E, 2-11-2019)