Farmington City Zoning Code
ARTICLE VI
Supplementary Regulations
Section 405.190 Planned Unit Development (PUD).
[Ord. No. 11-2I Art. VI §1, 8-19-2002; Ord. No. 11-2I 4 §1, 6-16-2003]
A.
General. The City Council of the City of Farmington may, after study and report by the Planning and Zoning Commission, authorize a Planned Unit Development (PUD) on a lot or parcel in one (1) or more zoning districts which may not necessarily meet all the requirements of this Chapter. The development shall, however, meet with the spirit and intent of this Chapter, comply with this Section, and any conditions or restrictions imposed by the City Council.
B.
Minimum Requirements. Planned unit developments shall comply with the following minimum requirements:
C.
Conditions. Planned unit developments shall not in any case:
1.
Substantially increase traffic hazards or congestion.
2.
Adversely affect the character of the neighborhood.
3.
Substantially increase fire hazards.
4.
Adversely affect the general welfare of the community.
5.
Overtax public utilities.
6.
Be in conflict with the City's Comprehensive Plan.
If the City Council's findings should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the City Council may impose and the Planning and Zoning Commission may recommend appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the intent of this Chapter and to protect adjacent property and conserve property values. |
D.
Changes To Plan. A new application shall be filed for any proposed changes to the approved plan for planned unit development.
Section 405.200 Special Use Permit.
[Ord. No. 11-2I Art. VI §2, 8-19-2002; Ord. No. 11-2I2 §3, 9-16-2002; Ord. No. 11-2I6 §§1 — 3, 6-16-2003; Ord. No. 11-2I 12 §1, 12-15-2003; Ord. No. 11-2I 63 §§3 — 4, 3-31-2008; Ord. No. 11-2I 64 §§3 — 4, 8-29-2008; Ord. No. 11-2I 201, 2-24-2025]
A.
Special Use Permit. The City Council of the City of Farmington may, after study and report by the Planning and Zoning Commission and a public hearing by the City Council, authorize certain uses by special use permit.
B.
Use Regulations.
1.
Uses which may be authorized by special use permit shall be as designated by Table A, at the end of this Title in accordance with the minimum conditions of this Section, the requirements of the zoning district in which the use will be located, and any conditions imposed by the City Council to secure the spirit and intent of this Chapter. Such uses shall not:
2.
If the City Council's findings should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the City Council may impose and the Planning and Zoning Commission may recommend appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the intent of this Chapter and to protect adjacent property and conserve property values.
3.
Applications for special use permits shall be processed in accordance with the requirements for zoning amendments.
4.
Special use permits, and all conditions imposed upon a use specified by a special use permit, shall be transferable with property ownership and shall remain valid unless expired or revoked by the City Council, after report and recommendations from the Planning and Zoning Commission.
5.
A special use permit shall expire after a period of two (2) years from the date of approval if the Special Use is not exercised. A special use permit shall expire after a period of not more than five (5) years from the date of approval at the sole discretion of the City Council, provided that any extension beyond the two (2) year period shall be requested at the time of application for the special use permit.
6.
A special use permit shall be considered exercised when:
a.
At least one (1) building involved in the special use is constructed and completely occupied for the use specified in the special use permit when the special use involves a building.
b.
At least ten percent (10%) of the land for which the special use permit has been issued has been occupied by the special use, when the special use involves only land.
C.
Conditions Of Use. The following minimum conditions shall apply to the specified uses.
1.
Airport or heliport.
a.
Minimum area, one (1) acre.
b.
Site development and landscape plans required.
c.
Fencing required on boundary and in all public use areas, supplemented by screen planting where determined necessary by Planning and Zoning Commission.
d.
Access to adequate major street required, with one (1) entrance.
e.
Minimum of one (1) parking space per two (2) employees, plus one (1) space per four (4) seats in waiting room.
f.
Must meet all applicable regulations of the Federal Aviation Administration.
2.
Animal hospital or veterinary clinics.
a.
Minimum lot area of one (1) acre.
b.
Site development and landscape plan required.
c.
Minimum of one (1) parking space per two (2) employees, plus one (1) space per four (4) seats in waiting room.
d.
Entrance, loading space and screening requirements established in development plan and approved by Planning and Zoning Commission.
4.
Child or day care center. Special requirements:
a.
Shall have at least thirty-five (35) square feet of usable floor area per child.
b.
Shall have at least seventy-five (75) square feet of outdoor play area per child.
c.
Shall have at least a forty-two (42) inch high fence that completely encloses all outdoor play areas.
d.
Shall meet all other applicable local, State and Federal requirements.
5.
Cemetery or crematorium.
a.
Site development plan required.
b.
Minimum area, eleven (11) acres.
c.
Minimum yards: front yard as in district in which located; side yard, fifty (50) feet; rear yard, fifty (50) feet.
d.
Covenants required to perpetuate maintenance and ensure future improvements.
e.
Entrance(s) and artificial lighting to be approved by the Planning and Zoning Commission.
6.
Greenhouse, plant nursery or similar.
a.
Minimum lot area, twenty-five thousand (25,00) square feet.
b.
Minimum yards: front yard, one hundred (100) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
c.
Minimum gross floor area of principal building(s), one thousand (1,000) square feet.
d.
One (1) parking space per three (3) employees, plus one (1) space per one hundred twenty-five (125) square feet of sales area.
e.
Loading/unloading spaces as determined by the Planning and Zoning Commission, minimum of one (1) space.
f.
Entrance(s) and artificial lighting to be approved by the Planning and Zoning Commission.
7.
Hospital or sanitarium.
a.
Site development plan required.
b.
Minimum lot area, seven (7) acres.
c.
Minimum yards: front yard, one hundred (100) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
d.
Maximum building height, seventy (70) feet.
e.
Screen planting required where abutting residential uses.
f.
One (1) parking space per four (4) beds, plus one (1) space per doctor, plus one (1) space per three (3) employees, plus one (1) space per hospital vehicle.
g.
One (1) loading space per two hundred (200) beds.
8.
Institutional group home.
a.
Site development plan required.
b.
Minimum lot area, twelve thousand (12,000) square feet.
c.
Minimum gross floor area, one thousand (1,000) square feet per three (3) residents, plus one hundred (100) square feet for each additional resident.
d.
Must meet all applicable State and Federal licensing and operating requirements.
9.
Junk yard or auto salvage.
a.
Must meet all district setback requirements.
b.
No boundary of the tract may be closer than three hundred (300) feet to a residential use.
c.
Must meet all applicable requirements of the State of Missouri.
d.
Must be screened by a solid wall or solid painted fence a minimum of eight (8) feet high.
e.
Minimum of one (1) parking space per two (2) employees and two (2) loading/unloading berths with approved screening as determined necessary by the Planning and Zoning Commission.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
10.
Medical or dental clinics.
a.
Minimum lot area of one (1) acre.
b.
Minimum yards: front yard, twenty-five (25) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
c.
Site development, landscape plan and site plan required with application.
d.
Must meet district height requirements.
e.
Minimum of one (1) parking space per two (2) employees, plus three (3) parking spaces for each doctor practicing on the premises.
f.
Loading/unloading berths to be established in site development plan.
g.
Maximum of two (2) entrances from street providing access.
11.
Mineral extraction, borrow pit, topsoil removal and storage.
a.
Minimum yards: front yard, one hundred fifty (150) feet; side yard, one hundred fifty (150) feet; rear yard, one hundred fifty (150) feet.
b.
No boundary of the tract may be closer than three hundred (300) feet to a residential use.
c.
Must meet district height requirements.
d.
Property must be screened by a four (4) foot wire mesh fence or a six (6) foot high by six (6) foot wide screen planting where it abuts a residential use.
e.
Maximum of one (1) entrance from street providing access.
f.
Must meet all applicable mining and/or environmental regulations of the State of Missouri.
12.
Offices.
a.
Minimum lot area of one (1) acre.
b.
Minimum yards: front yard, twenty-five (25) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
c.
Site development plan, landscape plan and site plan required with application.
d.
Must meet district height requirements.
e.
Must meet all requirements for off-street parking and loading.
f.
Parking area must be a minimum of twenty-five (25) feet from any adjoining residential use.
g.
Outdoor lighting to be approved.
13.
Outdoor theaters.
a.
Minimum yards: front yard, one hundred (100) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
b.
Perimeter of theater grounds must be screened by a painted board fence, or equivalent, eight (8) feet high.
c.
Minimum of one (1) parking space per two (2) employees, in addition to customer parking stalls.
d.
Site development plan required.
e.
Maximum of one (1) entrance from street providing access.
f.
Outdoor lighting to be approved.
14.
Outdoor recreation and amusement.
a.
Minimum yards: front yard, fifty (50) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
b.
Building setback from interior road, forty (40) feet.
c.
Site development and landscape plan required with application.
d.
Must meet district height requirements.
e.
Must be screened by a six (6) foot wire fence, or equivalent, where accessible to the public and a screen planting eight (8) feet high by six (6) feet wide where abutting a residential use.
f.
Minimum of one (1) parking space per three (3) employees, plus one (1) parking space for each five hundred (500) square feet of use area.
Parking area(s) must be a minimum of twenty-five (25) feet from any adjoining residential use, and any loading space must be a minimum of fifty (50) feet from such use.
g.
Maximum of two (2) entrances from street providing access.
h.
Outdoor lighting to be approved.
15.
Golf driving ranges.
a.
Minimum yards: front yard, one hundred (100) feet; side yard, forty (40) feet; rear yard, forty (40) feet.
b.
Fencing and/or screening required as necessary to protect abutting property with screen planting eight (8) feet high and six (6) feet wide where abutting a residential use.
c.
Minimum of one (1) parking space per three (3) employees, plus one (1) space per driving tee, with parking area a minimum of twenty-five (25) feet from any adjoining residential use.
d.
Maximum of one (1) entrance from street providing access.
e.
Outdoor lighting to be approved.
16.
Private recreational developments.
a.
Minimum yards: front yard as required in district; side yard, forty (40) feet; rear yard, forty (40) feet.
b.
Site development and landscape plan required with application.
c.
Must meet district height requirements.
d.
Screen planting eight (8) feet high and six (6) feet wide required where tract abuts a residential use.
e.
Minimum of one (1) parking space for each two (2) members or customers with parking area a minimum of twenty-five (25) feet from any adjoining residential use.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
17.
Produce or stockyard terminal.
a.
Use permitted not closer than three hundred (300) feet to a residential use.
b.
Minimum lot area, twenty (20) acres.
c.
Site development plan required.
d.
Minimum yards: front yard, one hundred (100) feet; rear and side yards, seventy-five (75) feet where abutting a residential use and thirty-five (35) feet in all other instances.
e.
Building setback from centerline of any interior road, eighty-five (85) feet.
f.
Must meet district height requirements.
g.
Tract must be bounded by a wire mesh fence six (6) feet high and a screen planting six (6) feet high and six (6) feet wide where abutting a residential use.
h.
Minimum of one (1) parking space per two (2) employees.
i.
Maximum of one (1) entrance from street providing access.
j.
Outdoor lighting to be approved.
18.
Commercial sewage or garbage disposal plant.
a.
Use permitted not closer than three hundred (300) feet to a residential use.
b.
Minimum lot area, forty (40) acres.
c.
Minimum yards: front yard, three hundred (300) feet; side yard, three hundred (300) feet; rear yard, three hundred (300) feet.
d.
Minimum of one (1) parking space for each employee per shift.
e.
Must meet all applicable requirements of the State of Missouri.
f.
Outdoor lighting to be approved.
19.
Off-street parking/parking garage.
a.
Minimum lot area, one thousand five hundred (1,500) square feet.
b.
Site development plan required.
c.
Maximum of one (1) entrance from street providing access.
d.
Outdoor lighting to be approved.
e.
No sales, dead storage, repair work or dismantling allowed on the lot.
f.
Boundary wall or fencing as determined appropriate by the Planning and Zoning Commission to protect any adjoining residentially zoned or used property.
21.
Stables.
a.
Minimum lot area of one-half (½) acre, plus five thousand (5,000) square feet of lot area per horse over four (4) horses.
b.
Minimum yards: front yard, one hundred (100) feet; side yard, one hundred (100) feet; rear yard, one hundred (100) feet.
c.
Must meet district height requirements.
d.
Must have a screen planting six (6) feet high and six (6) feet wide where abutting a residential use.
e.
Minimum of one (1) parking space per five thousand (5,000) square feet and one (1) loading/unloading berth.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
22.
Truck freight terminal.
a.
Use permitted not closer than three hundred (300) feet to a residential use.
b.
Site development plan required.
c.
Must meet district height and area requirements.
d.
Screen planting six (6) feet high and six (6) feet wide required where abutting a residential use.
e.
Minimum of one (1) parking space per two (2) employees, plus four (4) spaces for customers.
f.
Maximum of one (1) entrance from street providing access.
g.
Outdoor lighting to be approved.
24.
Adult uses.
a.
Shall be located on a lot having at least one hundred (100) feet of frontage on an arterial street, and access shall be only from an arterial street.
b.
Shall be located entirely within an enclosed building.
c.
Shall have no openings, entries or windows which permit view into the building from any street, sidewalk or other public place.
d.
Shall not be located within one thousand (1,000) feet of any religious institution, school, daycare, park, public building or any property of residential zoning or use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior wall of the building in which the adult use is located to the closest property line of the religious institution, school or public park, or the property zones for residential use.
e.
Shall not be located or expanded within one thousand (1,000) feet of any other adult use. The distance between an adult use and another adult use shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
f.
Shall be provided with a screen, consisting of approved trees and shrubbery, which shall be planted and maintained at a minimum of eight (8) feet high by twenty (20) feet wide along interior lot lines or where the lot abuts a residential district, except for approved access points.
g.
Shall have at least one (1) parking space per seventy-five (75) feet of interior floor area.
h.
Shall not have more than one (1) wall mounted sign and one (1) freestanding sign.
i.
Shall not have signage in excess of forty (40) square feet total.
j.
Shall not have signage which moves, blinks, flashes or simulates movement.
25.
Payday and title loan businesses.
a.
Shall not be located within one thousand (1,000) feet of another non-chartered payday and title loan business.
b.
Shall not have more than one (1) wall-mounted sign and one (1) freestanding sign.
c.
Shall not be located within two hundred (200) feet of any residential property.
d.
A non-conforming use of land existing lawfully at the time of the enactment of this Section may be continued, but shall not be extended, expanded or enlarged. Those businesses that were in legal operation at the same location as of the effective date of this Section shall be considered as legal non-conforming uses. An existing business shall be one that has been in continuous operation under the same business name and ownership from and after the date of enactment of this Section.
26.
Windmill.
a.
The applicant shall provide technical specifications on windmill with the application for the special use permit that meet all requirements listed in the Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C). If the windmill is used for a non-power generating purpose, an Interconnect Agreement is not required.
b.
The applicant shall have an approved Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C). If the windmill is used for a non-power generating purpose, an Interconnect Agreement is not required.
c.
The installation of the windmill shall meet the height limits in Table C of Title IV of the Municipal Code of the City of Farmington. Height will be measured from base of tower to the top of the windmill, not including the blades.
d.
The setbacks shall be measured from the outside diameter of the blades on the windmill to the property line.
e.
The minimum overhead clearance shall be twelve (12) feet.
f.
The applicant shall obtain an accessory structure permit to install any windmill.
g.
The special use permit shall expire if the windmill is not functional for a period of more than sixty (60) days. For the purposes of this Subsection, the windmill shall be considered non-functional if it is not being used for its intended propose.
h.
The applicant shall submit engineering specifications for any tower or structure erected to support the windmill. Said tower or structure is subject to the approval by the City of Farmington.
i.
A non-conforming use of land existing lawfully at the time of the enactment of this Section may be continued, but shall not be extended, expanded or enlarged. Those towers, windmills and detached solar power systems that were in legal operation at the same location as of the effective date of this Section shall be considered as legal non-conforming uses. Existing towers, windmills, and detached solar power systems shall be those that have been in continuous operation under the same ownership from and after the date of enactment of this Section.
27.
Detached solar power system.
a.
The applicant shall provide technical specifications on the detached solar power system with the application for the special use permit that meet all requirements listed in the Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C).
b.
The applicant shall have an approved Interconnection Application/Agreement For Net Metering Systems With Capacity Of 100kW Or Less authorized by Section 720.120(C).
c.
The installation of the detached solar power system shall meet the height limits in Table C of Title IV of the Municipal Code of the City of Farmington.
d.
The applicant shall obtain an accessory structure permit.
e.
The special use permit shall expire if the detached solar power system is not functional for a period of more than sixty (60) days. "Not functional" means in disrepair or not being used for its intended purpose.
f.
The Building Inspector shall have the authority to require engineering specifications for any structure erected to hold a detached solar power system.
g.
A non-conforming use of land existing lawfully at the time of the enactment of this Section may be continued, but shall not be extended, expanded or enlarged. Those towers, windmills and detached solar power systems that were in legal operation at the same location as of the effective date of this Section shall be considered as legal non-conforming uses. Existing towers, wind mills, and detached solar power systems shall be those that have been in continuous operation under the same ownership from and after the date of enactment of this Section.
28.
Multiple Single-Family Dwelling (Town House).
a.
Shall meet all minimum requirements for "R-7" Multiple Single-Family Town House) Residential Districts contained in applicable Land Use Title IV Attachments. Parking requirements shall be the same as one- and two-family dwellings.
b.
Shall contain no more than two (2) dwelling units per individual lot or parcel within "R-1," "R-2," and "R-3" Single-Family Residential Zoning District.
c.
Each dwelling unit shall have individual water, sewer, and electric connections and meters.
d.
Shall meet all applicable residential building code requirements for town houses.
e.
Shall be developed such that a property line lies at each common wall separating dwelling units.
Section 405.210 Additional Height, Area and Yard Regulations.
[Ord. No. 11-2I Art. VI §3, 8-19-2002; Ord. No. 11-2I 10 §§1 — 2, 9-15-2003; Ord. No. 11-2I 12 §4, 12-15-2003; Ord. No. 11-2I 20 §§1 — 2, 8-23-2004; Ord. No. 11-2I 31 §1, 7-18-2005; Ord. No. 11-2I 33 §4, 8-15-2005; Ord. No. 11-2I 43 §1, 3-20-2006; Ord. No. 11-2I 81 §4, 3-2-2012]
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.
Additional height regulations.
a.
Towers, chimneys, spires, cupolas, and other similar structures or appurtenances to buildings or structures may be erected to a height in accordance with all other applicable local, State and Federal requirements.
2.
Additional area regulations.
a.
More than one (1) industrial. commercial, residential, 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.
When more than one (1) industrial commercial, residential, or institutional building is erected upon a single lot or tract, the minimum distances between main or primary use buildings shall be as follows:
Front to front, or front to rear, seventy (70) feet.
Front to side, rear to side, or side to side, one-half (½) the height of the taller building but not less than thirty (30) feet.
Rear to rear, fifty (50) feet.
b.
Where an open space is more than fifty percent (50%) surrounded by a building, 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, sixty (60) feet for four-story buildings, seventy-five (75) feet for five-story buildings.
3.
Additional yard regulations.
a.
In computing the depth of a rear yard, where such yard opens onto an alley, one-half (½) of the alley width may be included as a portion of the rear yard.
b.
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 feature projections not to exceed two (2) feet.
c.
Projection of exit enclosures and exterior stairways and balconies projecting into a yard not more than five (5) feet and the ordinary projections of chimneys and flues may be permitted.
d.
For the purposes of side yard requirements, a two-family dwelling shall be considered as one (1) building occupying a single lot.
e.
An uncovered, unenclosed porch not more than one (1) story in height or paved terrace may project into a required front yard for a district not exceeding (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four (4) feet. No additional projections shall be permitted where setback requirements have been determined by averaging or variance.
f.
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 distant at least two (2) feet from the adjacent side lot line.
g.
When at least 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:
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 front yard for new buildings in such block. | |
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. |
h.
In all districts, an unobstructed space must be maintained at the street intersection adjacent to 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. The unobstructed space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the intersection of the property lines, or the property lines extended on the corner of the lot using each of the street right-of-way lines, or on arc-shaped corners a diagonal line connecting the points at each end of the arc.
i.
The yards or setbacks for buildings or structures shall be determined in accordance with the least restrictive of the following methods.
[Ord. No. 11-2I 99 §§1 – 2, 3-24-2014]
(1)
The yards or setbacks shall be determined in accordance with Table D of this Title.
(2)
The yards or setbacks shall be determined in accordance with the yards and setbacks shown on a copy of the approved plat as filed with the St. Francois County Recorder of Deeds and in effect on the date of approval of the plat.
(3)
The yards or setbacks shall be determined by averaging the yards or setbacks of the existing buildings on the side of the street of the planned construction between two (2) intersecting streets or between an intersecting street and a cul-de-sac or other similar public roadway, where at least eighty percent (80%) of the lots have been built upon with a main structure, with yards or setbacks less than those required by Table D of this Title. The average yards or setbacks determination in accordance with this Subsection shall be verified by the Zoning Administrator in accordance with this Title.
j.
Additions or alterations to an existing residential building shall comply with the yards or setbacks required for the zoning district in which the building is located in accordance with this Chapter, or shall be provided with yards or setbacks not less than the existing yards or setbacks of the building, whichever is least restrictive.
k.
No person shall construct or reconstruct a building or structure except an approved fence over an existing underground utility easement of record or not of record or so close in proximity to an existing utility easement or utility as to prevent the routine maintenance, replacement or removal.
l.
Accessory buildings or structures ordinarily permitted only in a rear yard may be located in the interior side yard of building on a corner lot where that part of the building customarily referred to as the back or rear is constructed along said side yard and approved by the Zoning Administrator. The required setbacks for the accessory structure shall be the same as if the structure was located in the rear yard.
m.
No setbacks or yard areas shall be required for condominium units. No side setbacks or yards shall be required for townhouses.
n.
Ramps, and similar structures, or appurtenances to buildings required for handicapped accessibility or structures shall not be subject to yard requirements.
o.
Where at least fifteen percent (15%) of the perimeter of a garage is contiguous with a main building, the garage shall be considered attached and part of the main building. Where less than fifteen percent (15%) of the perimeter of a garage is contiguous with a main building, the garage shall be considered an accessory building and shall be subject to the provisions of this Chapter pertaining to accessory buildings.
p.
Setbacks or yard areas for the "R-4" and "C-2" Districts shall be increased by ten (10) feet for every additional story in height beyond the first (1st) story.
Section 405.220 Accessory Uses.
[Ord. No. 11-2I Art. VI §4, 8-19-2002; Ord. No. 2-25, 11-25-2024]
A.
The regulations hereinafter set forth in this Section supplement applicable regulations of the district in which the use is located.
1.
Accessory Uses. Accessory uses of buildings or land in any district which are customarily incidental and clearly secondary to the main use may be permitted.
2.
Off-Street Parking. Off-street parking shall be in accordance with the requirements of this Chapter for off-street parking and loading, including Table F and Table G, at the end of this Title.
Section 405.230 Accessory Buildings or Structures.
[Ord. No. 11-28D16 §1, 4-16-2001; Ord. No. 11-2I Art. VI §5, 8-19-2002; Ord. No. 11-2I7 §§1 — 2, 6-16-2003; Ord. No. 11-2I 8 §§1 — 2, 6-16-2003; Ord. No. 11-2I 13 §1, 1-19-2004; Ord. No. 11-2I 28 §§1 — 4, 4-18-2005; Ord. No. 11-2I 31 §5, 7-18-2005; Ord. No. 11-2I 36 §1, 12-19-2005; Ord. No. 11-2I 41 §8, 1-16-2006; Ord. No. 11-2I 52 §1, 2-27-2007; Ord. No. 11-2I 71 §1, 4-14-2011; Ord. No. 11-2I 76 §3, 11-10-2011; Ord. No. 11-2I 78 §3, 1-10-2012; Ord. No. 11-2I 85 §2, 6-21-2012; Ord. No. 11-2I 90 §§2 — 4, 11-26-2012]
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 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.
Location. Accessory buildings may be constructed or installed in a required rear yard, but such accessory building shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than five (5) 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 is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If an accessory building is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
Exceptions. In "C-2" General Commercial Zoning Districts, an accessory structure may also be constructed in what would be a side yard as part of an approved site plan. It shall not be closer than ten (10) feet to the main building, shall not be closer than five (5) feet from the side property line or any recorded or unrecorded easement, whichever is greater, may not encroach on any required buffer zone and screening area, and the square footage thereof shall count toward the maximum allowable lot coverage.
[Ord. No. 11-2I 188, 2-8-2024; Ord. No. 11-2I 194, 6-24-2024]
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 rear yard only and shall not be nearer than five (5) 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 (10) 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.
D.
Portable Carports. Portable carports entirely open on two (2) or more sides shall be permitted in a required side yard and not nearer than five (5) feet to any side lot line. Any carport not entirely open on two (2) or more sides shall be permitted only in a rear yard not nearer than five (5) feet to any side or rear lot line. Any portable carport in a required rear yard closer than ten (10) feet to the main building shall be regarded as part of the main building for determining side and rear yards. No such carport shall extend forward of the front line of the main building except in an "R-5" Manufactured and Recreational Residential District. Portable carports shall be permitted in the required front yard in an "R-5" Manufactured and Recreational Residential District. Where the carport is installed in a side yard, one (1) open side shall face the street or right-of-way providing access to the front yard of the lot.
E.
Fences. Fences may be permitted in accordance with this Section.
1.
Fences may be constructed on a common property line.
2.
A permit to construct a fence does not constitute acknowledgment of the lot lines involved.
3.
No fence shall be erected that is composed of agricultural type materials including barbed wire, woven wire fence, poultry fence and "T-posts".
4.
Fences shall not exceed eight (8) feet height where accessory to a residential use.
5.
Fences shall not exceed the greater of either ten (10) feet in height or a 1:2 ratio in relation to building height where accessory to a commercial or industrial use. Garden centers, batting cages and similar structures customarily requiring greater heights shall not exceed twenty-five (25) feet.
6.
No fence accessory to a residential use may exceed four (4) feet in height forward of the front line of the main building or beyond the required building setback line on corner lots whenever the fence is located forward of the rear line of the main building.
7.
No attachment, appurtenance, architectural embellishment or similar feature shall be permitted to extend more than one (1) foot above the permitted height for any fence.
10.
Fences constructed on City right-of-way shall be prohibited and shall be removed at the cost of the owner.
11.
All fences constructed along a street line or other public way shall meet the requirements for boundary fences as set forth above.
12.
The finished side of the fence must be faced outward.
13.
Any fence constructed in a City easement may be subject to removal at the discretion of the City. The owner of said fence shall be responsible for any desired restoration of the fence.
14.
The installation of the fence shall not disturb existing drainage.
15.
All posts for fences greater than eight (8) feet in height shall be supported by concrete below the frost line.
16.
No permit shall be issued for a property boundary fence to be located on a common property line unless the permit application has been signed by the owners of each of the contiguous tracts of property that the boundary fence shall border.
F.
Swimming Pools, Spas, Or Hydromassage Tubs, And Appurtenances Thereto.
[Ord. No. 11-2I 177, 2-27-2023[4]]
1.
Swimming pools, spas, hydromassage tubs and any appurtenances thereto may be located and installed in the following locations:
a.
In a rear yard not closer than ten (10) 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 as long as 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.
Swimming pools, spas, hydromassage tubs and any appurtenances thereto shall not be located or installed in any Industrial Zoning District.
3.
The required setbacks and thirty percent (30%) 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.
4.
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.
5.
In-ground swimming pools, as defined, shall not count toward calculating overall maximum lot coverage or toward calculating maximum lot coverage in the rear or allowed side yard, but are subject to the required setbacks.
6.
Temporary inflatable swimming pools complying with the provisions of this Chapter and the adopted Building Code, which are erected for a period of time not exceeding one hundred eighty (180) days shall not require a permit.
[4]
Editor's Note: Section 3 of Ord. No. 11-2I 177 also stated: A non-conforming use of land existing lawfully at the time of the enactment of this section may be continued, but shall not be extended, expanded or enlarged.
G.
Signs. Signs shall be designed and constructed in accordance with the Building Code and comply with the following requirements.
1.
Residential uses or districts.
a.
Maximum of one (1) sign not to exceed eight (8) square feet in area, pertaining to the sale or lease of the premises or trespassing thereon, which shall not require a permit.
b.
Maximum of one (1) sign not exceeding one (1) square foot in area for a permitted home occupation.
c.
Maximum of one (1) freestanding sign not exceeding forty (40) square feet at each entrance of a church, school, institution or similar use for the purpose of listing the church, school or institution name and pertinent information; a maximum of (2) signs on any two (2) sides of such a building each not exceeding forty (40) square feet; and temporary signs consistent with the permitted size requirements of this Section.
d.
Maximum of two (2) permanent signs not exceeding forty (40) square feet at each entrance of a subdivision or other development for the purpose of listing the name of the subdivision or development and contact information for the owner or management where applicable.
e.
Maximum of one (1) sign not exceeding seventy (70) square feet at each entrance of a subdivision or other development for the purpose of displaying the plat or other layout, real estate agent and other information pertinent to the subdivision or development. Such signs:
f.
Maximum of one (1) sign not exceeding forty-eight (48) square feet at the entrance of each phase of a subdivision or other development for the purpose of displaying the layout of the phase and other information pertaining to that phase. Such signs:
g.
Maximum of one (1) common sign structure at each entrance of a subdivision or other development for the purpose of displaying signs for the contractors, subcontractors, financial institutions and real estate agents associated with the subdivision or development. Such sign structures:
h.
Signs necessary for the orderly use of off-street parking facilities which shall not require a permit.
i.
The height of signs and sign structures shall not exceed ten (10) feet.
j.
Maximum of one (1) sign not exceeding twenty-four (24) square feet and one (1) building sign not exceeding two (2) square feet for a commercial use in a residential zoning district permitted by a Special Use Permit or Planned Unit Development issued pursuant to this Chapter. Such signs shall be submitted to the Planning and Zoning Commission for approval of the character, design, and color to ensure compatibility with the character of surrounding residential property. Such signs shall not be illuminated between the hours of 10:00 P.M. and 7:00 A.M. Signs and sign structures advertising a use which is discontinued voluntarily or by revocation or expiration of a Special Use Permit or a Planned Unit Development shall be removed within ninety (90) days.
[Ord. No. 11-2I 129 , 7-24-2017; Ord. No. 11-2I 170, 7-25-2022]
2.
Commercial uses or districts.
a.
Signs and sign structures advertising a use which is discontinued shall be removed within ninety (90) days.
b.
The height and area of signs shall be in accordance with Tables K, L and M at the end of this Title.
c.
Shall be located on the same lot of record as the subject of the advertisement.
d.
Freestanding signs for advertising multiple uses in the same building or group of buildings, such as malls, office buildings or complexes, shall be located on common sign structures. One (1) common structure shall be permitted for each street frontage. Common sign structures shall be separated by at least one hundred fifty (150) feet.
e.
The height of a wall sign may exceed the maximum height specified in Table K, L or M but shall not exceed the height of the building to which it is accessory.
f.
Signs and sign structures for the purpose of providing directions to churches, schools, public facilities, civic organizations and other similar facilities may be placed on property other than the lot of record. Signs permitted under this Section shall not exceed twenty (20) square feet. Sign structures permitted under this Section shall not exceed twelve (12) feet in height.
g.
Freestanding common signs for advertising multiple business uses which are located within a common commercial subdivision or development shall be permitted under the following:
(1)
Written permission is required from the property owner(s) of the property upon which the sign will be installed.
(2)
A permanent sign easement shall be provided. Sign easements may not conflict with any recorded or unrecorded utility or utility easement.
(3)
Shall be located a minimum of one hundred fifty (150) feet from existing freestanding signs and shall be located not more than seventy-five (75) feet from a main public roadway entrance or intersection into or adjacent to said common commercial subdivision or development. Common sign structures located on the same property shall be separated by at least one hundred fifty (150) feet and shall be separated by at least seventy-five (75) feet from freestanding signs located on adjoining properties. For the purposes of this Subsection, menu board signs not exceeding twenty (20) square feet in size and not more than ten (10) feet above finish grade, and directional signs not exceeding ten (10) square feet in size and not more than ten (10) feet above finish grade shall not count against this provision.
(4)
Shall not exceed forty (40) feet in height unless otherwise specifically allowed by Table K, L or M for the subject property.
(5)
Shall not exceed two hundred (200) square feet in sign area per sign face unless otherwise specifically allowed by Table K, L or M for the subject property.
(6)
Off-premise common commercial subdivision or development signs must not result in non-compliance with the standards of this Chapter for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2) off-premise common commercial subdivision or development signs pursuant to this Subsection would be located within the same common commercial subdivision or development.
(8)
Shall comply with the applicable construction standards of the adopted Building Codes.
h.
Off-premise freestanding signs for a lot without adequate and direct public street access shall be permitted under the following:
(1)
The sign is located on a contiguous property to which the sign message is applicable and that the contiguous property has adequate and direct public street frontage for said sign.
(2)
Written permission is required from the property owner(s) of the property upon which the sign will be installed.
(3)
A permanent sign easement shall be provided. Sign easements may not conflict with any recorded or unrecorded utility or utility easement.
(4)
Freestanding signs located within the subject property shall be located on common sign structures complying with the provisions of this Section. One (1) common structure shall be permitted for each public street frontage. Common sign structures located on the same property shall be separated by at least one hundred fifty (150) feet and shall be separated by at least seventy-five (75) feet from freestanding signs located on adjoining properties. For the purposes of this Subsection, menu board signs not exceeding twenty (20) square feet in size and not more than ten (10) feet above finish grade, and directional signs not exceeding ten (10) square feet in size and not more than ten (10) feet above finish grade shall not count against this provision.
(5)
The height and area of said signs shall be in accordance with Tables K, L and M at the end of this Title.
(6)
The sign must not result in non-compliance with the standards of this Chapter for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2) off-premise freestanding signs for a lot without adequate and direct public street access would be located on the same property pursuant to this Subsection.
(8)
A special use permit shall be required for off-premise freestanding signs for a lot without adequate and direct public street access when more than one (1) contiguous property to which the sign message is applicable, which under these provisions and pursuant to this Subsection would be utilized.
(9)
Shall comply with the applicable construction standards of the adopted Building Codes.
3.
Industrial districts.
a.
Signs and sign structures advertising a use which is discontinued shall be removed within ninety (90) days.
b.
The height and area of signs shall be in accordance with this Section and Tables K, L and M at the end of this Title.
c.
Shall be located on the same lot of record as the subject of the advertisement. The content of the sign shall be limited to the identification of the businesses on the lot, or the products or services sold or produced on the premises, and the name of the establishment.
d.
Freestanding signs for advertising multiple uses in the same building or group of buildings, such as multiple use or tenant buildings or complexes, shall be located on common sign structures. One (1) common structure shall be permitted for each public street frontage.
e.
Common sign structures located on the same property shall be separated by at least one hundred fifty (150) feet and shall be separated by at least seventy-five (75) feet from freestanding signs located on adjoining properties.
f.
The height of a wall sign may not exceed the maximum height specified in Table K, L or M but shall not exceed the height of the building or structure to which it is accessory.
g.
Notwithstanding the requirements of this Title, signs and sign structures for the purpose of providing directions to churches, schools, public facilities, civic organizations and other similar established non-profit organization facilities may be placed on property other than the lot of record in accordance with the following:
(1)
Signs permitted under this Section shall not exceed twenty (20) square feet.
(2)
Sign structures permitted under this Section shall not exceed twelve (12) feet in height.
(3)
Written permission is required from the property owner(s) of the property upon which the sign will be installed.
(4)
A permanent sign easement shall be provided. Sign easements may not conflict with any recorded or unrecorded utility or utility easement.
(5)
A special use permit shall be required when more than two (2) signs pursuant to this Subsection would be located within the same lot of record.
h.
Billboards are permitted strictly for a main use in accordance with Table A at the end of this Title, shall be considered an accessory structure, and shall meet all requirement for the main use for the district in which permitted.
i.
Notwithstanding the requirements of Subparagraph (d) of this Subsection, temporary signs, relating only to the sale or lease of the premises, may be located in a front yard; and a temporary sign relating to the announcement of a proposed building or plant location may be located within the building area of the site for a period of not more than one (1) year unless authorized in writing by the City Administrator.
j.
No sign shall be lighted by means of flashing or intermittent illumination.
k.
Freestanding common signs for advertising multiple business uses which are located within a common industrial subdivision or development shall be permitted under the following:
(1)
Written permission is required from the property owner(s) of the property upon which the sign will be installed.
(2)
A permanent sign easement shall be provided. Sign easements may not conflict with any recorded or unrecorded utility or utility easement.
(3)
Shall be located a minimum of one hundred fifty (150) feet from existing freestanding signs and shall be located not more than seventy-five (75) feet from a main public roadway entrance or intersection into or adjacent to said common commercial subdivision or development. Common sign structures located on the same property shall be separated by at least one hundred fifty (150) feet and shall be separated by at least seventy-five (75) feet from freestanding signs located on adjoining properties. For the purposes of this Subsection, menu board signs not exceeding twenty (20) square feet in size and not more than ten (10) feet above finish grade, and directional signs not exceeding ten (10) square feet in size and not more than ten (10) feet above finish grade shall not count against this provision.
(4)
Shall not exceed forty (40) feet in height unless otherwise specifically allowed by Table K, L or M for the subject property.
(5)
Shall not exceed two hundred (200) square feet in sign area per sign face unless otherwise specifically allowed by Table K, L or M for the subject property.
(6)
Off-premise common industrial subdivision or development signs must not result in non-compliance with the standards of this Chapter for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2) off-premise common industrial subdivision or development signs pursuant to this Subsection would be located within the same common industrial subdivision or development.
(8)
Shall comply with the applicable construction standards of the adopted Building Codes.
l.
Off-premise freestanding signs for a lot without adequate and direct public street access shall be permitted under the following:
(1)
The sign is located on a contiguous property to which the sign message is applicable and that the contiguous property has adequate and direct public street frontage for said sign.
(2)
Written permission is required from the property owner(s) of the property upon which the sign will be installed.
(3)
A permanent sign easement shall be provided. Sign easements may not conflict with any recorded or unrecorded utility or utility easement.
(4)
Freestanding signs located within the subject property shall be located on common sign structures complying with the provisions of this Section. One (1) common structure shall be permitted for each public street frontage. Common sign structures located on the same property shall be separated by at least one hundred fifty (150) feet and shall be separated by at least seventy-five (75) feet from freestanding signs located on adjoining properties. For the purposes of this Subsection, menu board signs not exceeding twenty (20) square feet in size and not more than ten (10) feet above finish grade, and directional signs not exceeding ten (10) square feet in size and not more than ten (10) feet above finish grade shall not count against this provision.
(5)
The height and area of said signs shall be in accordance with Tables K, L and M at the end of this Title.
(6)
The sign must not result in non-compliance with the standards of this Chapter or Title for the property upon which the sign is placed.
(7)
A special use permit shall be required when more than two (2) off-premise freestanding signs for a lot without adequate and direct public street access would be located on the same property pursuant to this Subsection.
(8)
A special use permit shall be required for off-premise freestanding signs for a lot without adequate and direct public street access when more than one (1) contiguous property to which the sign message is applicable, which under these provisions and pursuant to this Subsection would be utilized.
(9)
Shall comply with the applicable construction standards of the adopted Building Codes.
4.
Temporary signs.
a.
Temporary signs or banners. Temporary signs or banners shall be permitted under the following:
(1)
Shall not be displayed in excess of sixty (60) consecutive days.
(2)
Shall not be displayed intermittently in excess of one hundred twenty (120) days during a calendar year.
(3)
Shall not exceed thirty (30) square feet in size or more than six (6) feet in total height above finish grade.
(4)
Must not result in non-compliance with the standards of this Chapter and Title for the property upon which the sign is placed.
(5)
Shall not exceed one (1) temporary sign or banner for each public street frontage or for each one hundred fifty (150) feet, or fraction thereof, of public street frontage.
(6)
Shall not require a permit when said installation is in accordance with the provisions of this Subsection.
b.
Temporary display flag, advertising blade, or portable graphic display. Display flags, advertising blades, or portable graphic displays shall be permitted under the following:
(1)
Shall not be displayed in excess of sixty (60) consecutive days.
(2)
Shall not be displayed intermittently in excess of one hundred twenty (120) days during a calendar year.
(3)
Shall not exceed thirty (30) square feet in size or more than ten (10) feet in total height above finish grade.
(4)
Must not result in non-compliance with the standards of this Chapter and Title for the property upon which the temporary display flag, advertising blade, or portable graphic display is placed.
(5)
Shall not exceed one (1) temporary display flag, advertising blade, or portable graphic display for each fifty (50) feet, or fraction thereof, of public street frontage.
(6)
Shall not require a permit when said installation is in accordance with the provisions of this Subsection.
7.
Flags.
a.
Shall meet the requirements of this Section, except the flags of the local, State and Federal governments.
8.
Storefront display windows.
a.
Shall not be subject to the requirements of this Chapter for signs.
10.
Additional requirements.
a.
Signs shall not be located in a public right-of-way, except where erected or sanctioned by the local, State or Federal Government.
b.
Self-changing electronic display boards or "reader boards" shall not appear to blink, flash or otherwise cycle between off and on phases of illumination more frequently than one (1) cycle per four (4) seconds, except to produce the illusion of vertical or horizontal scrolling.
c.
Posts, supports, platforms, footings, piers, monuments, or other similar components or features that might remain or exist on a property shall not be construed as being a sign and shall not grant the ability to place a sign in said location unless the location complies with the provisions of this Chapter and Title.
d.
Where multiple signs are installed on a single lot of record, the following shall also apply:
(1)
The total aggregate area of all signs installed upon a building shall not exceed twenty percent (20%) of the total exterior wall surface area for each face of the building, including window or door openings.
(2)
Shall not exceed the total aggregate square footage allowed by Tables K, L, and M when applied to the total linear perimeter of a lot or an overall aggregate square footage equal to four (4) times that allowed for a single sign, whichever is greater.
e.
Freestanding or monument signs shall be provided with a minimum ten (10) foot setback from a property line.
f.
Freestanding or monument signs shall be provided with a minimum setback from a roadway intersection as determined by a diagonal line connecting two (2) points measured twenty five (25) feet equidistant from the intersection of the property lines, or the property lines extended on the corner of the lot using each of the street right-of-way lines, or on arc-shaped corners a diagonal line connecting the points at each end of the arc.
g.
Freestanding or monument signs shall be provided a minimum setback from a roadway intersection between public and private roadways or drive entrances, or multiple private roadways or drive entrances, as determined by a diagonal line connecting two (2) points measured twenty five (25) feet equidistant from the intersection of the property lines, or the property lines extended on the corner of the lot using each of the street right-of-way lines, or on arc-shaped corners a diagonal line connecting the points at each end of the arc, or a combination of these methods for a public right-of-way connection between a drive entrance or a private roadway connection which may be measured from and parallel to the nearest edge of pavement, curb, or drive surface for said drive entrance or private roadway connection.
h.
Signs installed upon freestanding structures other than the primary use building shall be considered as and shall count towards the allowable number of freestanding signs allowed for a single lot of record in accordance with the provisions of this Section.
i.
Signs installed on a freestanding accessory building or structure not customarily utilized for the installation of signs shall not exceed the height of the accessory building or structure it is installed upon. This provision shall include, but is not limited to, fences, dumpster enclosures, portable or permanent storage buildings or structures, modular structures, transportation or storage containers, carports, or similar structures that are not the primary use building.
j.
Common sign structures located on the same property shall be separated by at least one hundred fifty (150) feet and shall be separated by at least seventy-five (75) feet from freestanding signs located on adjoining properties. For the purposes of this Subsection, menu board signs not exceeding twenty (20) square feet in size and not more than ten (10) feet above finish grade, and directional signs not exceeding ten (10) square feet in size and not more than ten (10) feet above finish grade shall not count against this provision.
k.
Notwithstanding the requirements of paragraph (d) of this Subsection, one (1) additional approved menu board sign not exceeding twenty (20) square feet in size and not more than ten (10) feet above finish grade and one (1) additional approved directional sign not exceeding ten (10) square feet in size and not more than ten (10) feet above finish grade, may be permitted in addition to the signs otherwise allowed by this Section.
l.
A portable marquee or message sign shall not be considered a temporary sign and shall comply with the sign provisions in accordance with the definition of a permanent sign or sign structure pursuant to the standards of this Section.
m.
Notwithstanding the requirements of this Title, signs and sign structures for the purpose of providing directions to churches, schools, public facilities, civic organizations and other similar established non-profit organization facilities may be placed on property other than the lot of record in accordance with the following:
(1)
Signs permitted under this Section shall not exceed twenty (20) square feet.
(2)
Sign structures permitted under this Section shall not exceed twelve (12) feet in height.
(3)
Written permission is required from the property owner(s) of the property upon which the sign will be installed.
(4)
A permanent sign easement shall be provided. Sign easements may not conflict with any recorded or unrecorded utility or utility easement.
(5)
A special use permit shall be required when more than two (2) signs pursuant to this Section would be located within the same lot of record.
(6)
Must not result in non-compliance with the standards of this Chapter and Title for the property upon which the sign is placed.
n.
Where exterior lighting is used to illuminate a sign, it shall be designed and installed to direct light onto the sign face and away from adjoining properties.
o.
No electronic changeable messaging signs are allowed in any National, State, or locally designated Historic District or upon any National, State or locally designated historic properties not within a designated district, but are otherwise allowable subject to the provisions of this Chapter.
[Ord. No. 11-2I 156, 2-22-2021]
H.
Satellite Television Antennas. Satellite television antennas greater than twenty-four (24) inches in diameter may be located only in a rear yard, except that commercial installations may be located on a roof or antenna structure. All installations shall be in accordance with the Building Code.
Section 405.240 Off-Street Parking and Loading Requirements.
[Ord. No. 11-2I Art. VI §6, 8-19-2002; Ord. No. 11-2I 5 §1, 6-16-2003; Ord. No. 11-2I 15 §2, 3-22-2004; Ord. No. 11-2I 41 §§6 — 7, 1-16-2006; Ord. No. 11-2I 56 §1, 4-25-2007; Ord. No. 11-2I 68 §§1 — 2, 10-7-2009]
A.
General. Off-street parking and loading facilities shall be provided for all buildings, structures and uses in accordance with Table F and Table G at the end of this Title and this Section.
B.
Location. Off-street parking facilities shall be located on the same lot of record as the use served, except for approved shared parking facilities or remote parking facilities.
C.
Existing Facilities. Existing off-street parking and loading facilities shall be permitted to remain in use.
D.
Permitted Reductions. Off-street parking and loading facilities may be reduced proportional to any decrease in dwelling units, floor area, seating capacity, number of employees, or other unit of measurement specified in accordance with Table F at the end of this Title and this Section.
E.
Required Increases. Off-street parking and loading facilities shall be increased proportional to any increase in dwelling units, floor area, seating capacity, number of employees, or other unit of measurement specified in accordance with Table F at the end of the Title and this Section.
F.
Other Requirements. Any fractions of spaces or loading facilities determined in accordance with this Section shall be counted as a whole additional space.
G.
Alternative Parking Plan. A plan for alternative parking arrangements may be submitted to the Zoning Administrator for parking facilities in the Central Business District or for any use as noted in Table F.
H.
Landscaping For Vegetation Islands In Parking Lots. Vegetation islands shall be located within the designated parking area for parking lots having fifteen (15) or more parking spaces. Vegetation islands shall be created at a ratio of one (1) square foot of vegetation island per fifteen (15) square feet of paved area, and shall contain mature trees and plantings known to flourish in this region. Vegetation islands installed shall offset the total number of parking spaces required at a ratio of one hundred sixty two (162) square feet of vegetation islands per parking space.
[Ord. No. 11-2I 130, 7-24-2017]
Rain gardens (bio-retention areas) designed to include landscaping mulch, stone, native plantings, etc., for the purpose of percolating rain into the soil shall be accepted as a vegetation island and may be included on the perimeter of the parking area. Rain gardens installed adjacent to the parking area shall not offset the total number of parking spaces required and shall not reduce the number of required vegetation islands within the designated parking area by more than fifty percent (50%). |
I.
Off-Street Parking Facilities. Off-street parking facilities shall be designed in accordance with the following requirements.
J.
K.
Access. Parking facilities shall be designed with adequate means of vehicular access to a street or alley in such a manner to least interfere with the movement of traffic. Multiple curb cuts or drives shall be separated by at least three (3) feet. Adequate turnarounds shall be provided where only one (1) exit or entry is provided. Access roads for ordinary and emergency vehicle traffic shall not be less than twenty-six (26) feet wide.
[Ord. No. 11-2I 130, 7-24-2017; Ord. No. 11-2I 196, 6-24-2024]
1.
Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking:
Aisle Width | 0° | 30° | 45° | 60° | 90° |
One-way traffic | 12' | 12' | 12' | 18' | 24' |
Two-way traffic | 19' | 20' | 21' | 23' | 24' |
L.
Striping. All parking spaces shall be properly marked by durable paint stripes a minimum of four (4) inches wide and extending the length of the parking space. Parking stripes shall be white or yellow for parking spaces or red to mark fire lanes.
[Ord. No. 11-2I 130, 7-24-2017]
M.
Surfacing. All open off-street parking areas, except those accessory to single-family dwellings, shall be improved with a compacted stone base, not less than four (4) inches thick, surfaced with not less than one and one-half (1½) inches of asphaltic concrete or some other comparable all-weather dustless material. All such parking areas shall be paved within twelve (12) months of completion of building construction.
N.
Lighting. A system of lighting shall be installed to provide an adequate standard of illumination over the entire parking lot. All lights, other than publicly installed street lights, shall be located and installed to reflect the light away from abutting properties zoned for or developed with residential structures and shall be shielded so that minimum glare will extend to adjacent property.
O.
Stormwater. Adequate stormwater runoff facilities shall be provided in accordance with the Stormwater Management Ordinance.
P.
Location. Off-street automobile parking facilities shall be located as hereinafter specified.
1.
One- and two-family dwellings on the same lot with the building they are required to serve. Three- and four-family dwellings not over two (2) stories in height; row dwellings, 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.
2.
Apartment houses containing four (4) or more dwelling units on the same lot or parcel of land as the building they are required to serve, or on a separate lot or parcel of land, nor 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.
3.
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 being served, or upon properties contiguous to the zoning lot upon which is located the building or buildings they are intended to serve.
4.
Uses other than those specified, off-street parking facilities shall be provided on the same lot or parcel of land as the main building being served, or on a separate lot or parcel of land not over one thousand (1,000) feet away 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 the parking facilities is located in the same zoning district as the principal permitted use or in a less restricted district.
Q.
Loading And Unloading Spaces. Loading and unloading spaces shall be designed in accordance with the following requirements:
1.
Description. An off-street loading space shall be a hard-surfaced area of land, open or enclosed twelve (12) feet by fifty (50) feet 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.
2.
Surfacing. All open off-street loading spaces 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.
3.
Location. No permitted or required loading spaces 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 wall, 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.
R.
Additional Off-Street Parking And Loading Requirements. The following requirements shall supplement other requirements of this Section.
1.
Residential districts.
a.
Use of off-street parking facilities. Off-street parking facilities accessory to a 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 not more than one (1) ton GVW owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants.
b.
No motor vehicle parked in a manufactured home park or subdivision shall be parked closer than three (3) feet from the home with which it is associated, nor closer than ten (10) feet from adjacent homes.
c.
No parking facilities accessory to a commercial or industrial use shall be located in a residential district.
2.
Industrial districts.
a.
Where access to a use or structure permitted herein will require a driveway or off-street parking, no more than two (2) points of ingress or egress shall be permitted unless a special use exception for additional points is granted. All points of ingress and egress shall be well defined and located at least thirty (30) feet from any intersecting street corner. All driveways for ingress and egress shall be paved with a sealed-surface pavement and maintained in such a manner that no dust will be produced by continued use. All such driveways shall have a minimum of twelve (12) feet and a maximum of thirty (30) feet in width for each traffic lane. Two (2) or more property owners having a legal agreement describing their joint right to property access may jointly share a driveway or access road.
b.
Parking. Employee, customer, owner or tenant parking shall not be permitted on public streets and all such parking facilities shall be provided in off-street areas. All off-street parking spaces shall be set back a minimum of ten (10) feet from the street right-of-way and all parking areas and associated drives shall be paved with a sealed-surface pavement and properly maintained. Setbacks of less than ten (10) feet may be allowed if a special use permit therefore is granted. Off-street parking areas shall provide one (1) parking space for every two (2) employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith.
c.
Loading. No loading docks or truck entrance doors shall be constructed or located fronting on any street.
3.
Shared parking facilities. Shared off-street parking facilities for separate buildings, structures, or uses may be provided in any zoning district in which separate off-street parking facilities for each use would be permitted. Shared parking facilities shall be in accordance with the following requirements:
a.
Shall provide a number of spaces not less than the sum of the most restrictive of requirements for all uses served, except where the buildings, structures or uses served utilize the parking during different hours.
b.
Shall not be located more than three hundred (300) feet from the lot upon which each building, structure or use served is located.
c.
Shall not consist of more than fifty percent (50%) of the required parking for any theater or amusement related use.
d.
Shall be secured for such use through an approved written agreement or legal instrument which shall be filed with the St. Francois County Recorder of Deeds.
4.
Remote parking facilities. Remote parking facilities for buildings, structures or uses may be provided in any zoning district in which parking facilities on the same lot of record would be permitted. Remote parking facilities shall be in accordance with the following requirements:
a.
Shall be under the same ownership, or lease, as the lot of record on which the building is located; or shall be secured for such use through an approved written agreement or legal instrument which shall be filed with the St. Francois County Recorder of Deeds.
b.
Shall not be located more than three hundred (300) feet from the lot upon which each building, structure or use served is located.
c.
Shall not include any parking facilities otherwise required to be located on the same lot of record by this Chapter.
5.
Access on major streets.
[Ord. No. 11-2I 165, 1-24-2022]
a.
No access shall be permitted on any major street designated in the Comprehensive Plan or any proposed major street except Fire Department access roads, parking lot access, local streets or other major streets.
Exception. Notwithstanding any other provision of this Section, access shall be allowed and a curb cut may be permitted on any major street designated in the Comprehensive Plan or any proposed major street (except as otherwise allowed) if, in the opinion of the Public Works Director, such access will not significantly impact the safety of the motoring public and/or significantly impact the traffic flow on said major street. The Public Works Director shall sign his/her signature on the required permit(s) for said access and curb cut as evidence of his/her approval.
b.
Driveways or curb cuts on major streets for existing residential, commercial or industrial lots shall be permitted to remain in use and may be relocated in accordance with all other zoning and subdivision regulations but no additional accesses shall be permitted.
c.
A curb cut or drive complying with all other zoning and subdivision regulations shall be permitted for each existing residential lot located exclusively on one (1) or more major streets.
d.
Where an existing residential lot is located on more than one (1) major street, the curb cut or drive shall be on the street of the lowest classification.
e.
Parking access shall not be permitted on a major street when access to a local street is available. Where a lot requiring parking access is located on more than one (1) major street, the curb or drive shall be on the street of the lowest classification.
Section 405.245 Bed and Breakfast Inns.
[Ord. No. 11-2I 166, 5-23-2022]
A.
Use of a bed and breakfast inn is subject to the provisions of Table A to Title IV.
B.
Use of a bed and breakfast inn shall not:
C.
All bed and breakfast inn facilities shall comply with the following regulations and shall otherwise meet the requirements of the relevant building codes as adopted:
1.
Basements, habitable attics and every sleeping room shall have not less than one (1) operable emergency escape and rescue opening. Where basements contain one (1) or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.
2.
All bed and breakfast inn dwellings shall be provided with a means of egress in accordance with this Section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the required egress door without requiring travel through a garage. The required egress door shall open directly into a public way or to a yard or court that opens to a public way.
3.
There shall be a smoke detector in each guest bedroom, plus one (1) outside each bedroom and within ten (10) feet of the bedroom, plus one (1) in the kitchen area and one (1) on each level with fire extinguishers, as per the specifications of the Fire Chief. Fire extinguishers must be tested and tagged annually.
4.
There shall be no more than five (5) designated guest rooms in any bed and breakfast inn facility.
5.
The bed and breakfast inn facility is to provide adequate off-street parking for its guests.
6.
The bed and breakfast inn is subject to all relevant code provisions as provided for in Chapter 500.
7.
Signs.
a.
Bed and breakfasts inns located in residential districts are subject to the provisions of signs allowable for home occupations as provided in Section 405.230(G)(1)(b).
b.
Signs in all other zoning districts are subject to the requirements of Section 405.230(G).