Fayette City Zoning Code
ARTICLE III
District Use Regulations
Section 405.160 District Regulations.
[R.O. 2013 § 405.160; R.O. 2005 § 23-86; Ord. No. 42.040 (A); Ord. No. 01-07 § 2]
In the following established districts, a building or premises shall be used only for the following purposes.
Section 405.170 "RS-1" Single-Family Residential District.
[R.O. 2013 § 405.170; R.O. 2005 § 23-87; Ord. No. 42.040 (A)(3); Ord. No. 93-29; Ord. No. 01-07 § 2; Ord. No. 11-15 § 2, 7-19-2011]
A.
Permissive Uses.
1.
Single-family dwelling.
2.
Public park or playground.
3.
Church.
4.
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.
5.
Golf courses, except miniature golf course and driving tees operated for commercial purposes.
6.
Large scale development in accordance with the provisions of Article IV.
7.
Modular or manufactured homes on a permanent foundation.
8.
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and which may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
9.
Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
B.
Conditional Uses.
1.
Private recreational facility where structures do not occupy more than ten percent (10%) of the site area.
2.
Public buildings erected by any government agency, except jails.
3.
Hospital (except criminal, mental, or animal), nursing home, educational, philanthropic, or religious institution on site of not less than five (5) acres, provided not more than fifty percent (50%) of the site area may be occupied by building(s), and provided further, that the building(s) shall be set back from all required yard lines an additional foot for each foot of building height.
4.
College in which no rooms are regularly used for housing or sleeping purposes.
5.
Parking lot.
6.
Nursery, pre-kindergarten, play, special and other private school.
7.
Non-commercial greenhouse or nursery.
8.
Bed-and-breakfast establishment.
9.
Boardinghouse.
Section 405.180 "RS-2" Residential, Duplex Use, District.
[R.O. 2013 § 405.180; R.O. 2005 § 23-88; Ord. No. 42.040 (A)(4); Ord. No. 93-29; Ord. No. 01-07 § 2; Ord. No. 08-11 § 1, 8-5-2008; Ord. No. 11-15 § 3, 7-19-2011]
A.
Permissive Uses. In District "RS-2," no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following:
1.
Any permissive use of "RS-1" District.
2.
Two-family dwelling.
B.
Conditional Uses.
1.
Any conditional use of an "RS-1" District.
2.
Public building erected by any governmental agency, except jails.
3.
Religious, educational, and eleemosynary institution philanthropic nature, but not a penal or mental institution.
4.
Hospital or sanitarium, except criminal, mental or animal hospital.
5.
Nursing, rest, or convalescent home.
6.
Parking lot located within three hundred (300) feet of a business or industry district.
7.
Private school.
8.
Non-commercial greenhouse or nursery.
9.
Bed-and-breakfast establishments.
10.
Boardinghouse.
Section 405.190 "RS-3" Residential, Multiplex Use, District.
[R.O. 2013 § 405.190; R.O. 2005 § 23-89; Ord. No. 01-07 § 2; Ord. No. 08-11 § 2, 8-5-2008; Ord. No. 11-15 § 4, 7-19-2011]
A.
Permissive Uses. In District "RS-3," no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered except for one (1) or more of the following:
1.
Any permissive use of "RS-2" District.
2.
Multi-family dwelling.
Regulations to be added for "RS-3" Multi-Family Dwellings. | |
1. | Units per acre: twenty (20) units. |
2. | Lot coverage/green space: twenty percent (20%) land area is to be devoted green/recreation space. |
3. | Minimum front yard: twenty (20) feet. |
4. | Minimum rear yard: twenty (20) feet. |
5. | Minimum side yard: ten (10) feet. |
6. | Height regulations: maximum four (4) stories above ground space. |
7. | Number of required off-street parking spaces: two (2) space unit. |
B.
Conditional Use.
1.
Any conditional use of an "RS-2" District.
2.
Public building erected by any governmental agency except jails.
3.
Religious, educational, and eleemosynary institution, philanthropic nature, but not a penal or mental institution.
4.
Hospital or sanitarium, except criminal, mental, or a hospital.
5.
Nursing, rest, or convalescent home.
6.
Parking lot located within three hundred (300) feet of a business or industrial district.
7.
Private school.
8.
Non-commercial greenhouse or nursery.
9.
Bed-and-breakfast establishments.
10.
Boardinghouse.
Section 405.200 "B-1" Business District.
[R.O. 2013 § 405.200; R.O. 2005 § 23-90; Ord. No. 42.040 (A)(5); Ord. No. 97-28; Ord. No. 01-07 § 2; Ord. No. 01-24 § 2; Ord. No. 05-18 §§ I – II, 11-15-2005; Ord. No. 11-15 § 5, 7-19-2011]
A.
Permissive Uses.
1.
Second floor residential use is permitted, and first floor residential use is prohibited.
2.
Retail, only fifty percent (50%) of the first floor street level square footage may be used for storage. The front fifty percent (50%) square footage shall be used as a showroom.
3.
Bank.
4.
Office.
5.
Personal service use, including barbershop, beauty parlor, dry-cleaning pickup, and drug store.
6.
Restaurant.
7.
Florist shop.
8.
Dressmaker, tailoring, shoe repair, repair of household appliances and bicycles, and bakery.
9.
Printers.
10.
Newspaper.
11.
Hotel, inn or bed and breakfast.
B.
Conditional Uses.
1.
Activity center, dance hall, skating rink, bowling alley.
2.
Specialty shop.
3.
Wholesale operation.
4.
Churches and government buildings.
5.
Laundromat.
6.
Parking lot/garage.
7.
Video and theater.
8.
First floor residential use when said use is consistent with the historic use of said property.
9.
Pawnshop.
Section 405.210 "B-2" Business District.
[R.O. 2013 § 405.210; R.O. 2005 § 23-91; Ord. No. 42.040 (A)(5); Ord. No. 97-28; Ord. No. 01-07 § 2]
A.
Permissive Uses.
1.
Any permissive use of the "B-1" Business District, except the permissive use in Section 405.200(A)(1).
2.
Hotel or motel.
3.
Photographic or artist's studio.
4.
Convenience store.
5.
Car wash.
6.
Grocery store.
7.
Day-care center.
8.
Laundromat.
B.
Conditional Uses:
[Ord. No. 15-6, 6-2-2015]
1.
Any permissive use of the "RS" Residential District, except the first floor street level is prohibited for residential use;
2.
Any conditional use of the "B-1" Business District;
3.
Automobile sales lot and/or dealership;
4.
Automobile gas and service station;
5.
Automobile repair shop;
6.
Recreational activities such as miniature golf, archery, or martial arts;
7.
Discount/variety store;
8.
Package liquor store or tavern;
9.
Truck stop;
10.
Storage units.
Section 405.220 "B-3" Business District.
[R.O. 2013 § 405.220; R.O. 2005 § 23-92; Ord. No. 01-07 § 2]
A.
Permissive Uses.
1.
Hotel, motel, or bed and breakfast.
2.
Restaurant.
3.
Convenience store.
4.
Car wash.
5.
Discount/variety store (concept: larger retail stores).
6.
Grocery store.
7.
Hardware store.
8.
Office.
9.
Automobile sales lot or dealership.
10.
Automobile gas and service station.
11.
Automobile repair shop.
12.
Laundromat.
13.
Nursing home/care facility.
B.
Conditional Uses.
1.
Any permissive use of the "RS" Residential District.
2.
Package liquor store or tavern.
3.
Truck stop.
4.
Recycling center.
[Ord. No. 16-05, 4-19-2016]
Section 405.230 "B-4" Business District.
[R.O. 2013 § 405.230; R.O. 2005 § 23-93; Ord. No. 98-5 § 2; Ord. No. 99-09; Ord. No. 01-07 § 2]
A.
Permissive Uses. Traditional offices such as:
1.
Medical.
2.
Dental.
3.
Legal.
4.
Financial and accounting.
5.
Insurance.
6.
Real estate.
7.
Counseling.
B.
Conditional Uses.
1.
Sandwich/coffee shop.
2.
Newsstand.
3.
Laboratory.
4.
Computer services.
5.
Day-care.
C.
Signage. Signage is limited to one (1) monument sign at the northwest corner of West Morrison Street and Cleveland Avenue. The size of the sign shall be three (3) feet by eight (8) feet by one (1) foot with lighting. The sign shall contain the name and address of the facility. No other signs will be permitted on the exterior of the building or grounds.
Section 405.240 "LI" Light Industrial District (J.T. Golden Industrial Park).
[R.O. 2013 § 405.240; R.O. 2005 § 23-94; Ord. No. 01-07 § 2]
A.
Permissive Uses. The purpose of the "LI" Light Industrial District is to create a location where businesses that require more full-time equivalent (FTE) employees per square foot in which to conduct their business can locate. Due to the close proximity to other businesses, no use shall be permitted, the nature or manner of operation which shall be determined by the Building Inspector,[1] to be duly hazardous or injurious to other properties in the vicinity or to the general public welfare due to the emission of noise, odor, dust, gas, smoke, vibration, electrical, or other disturbances.
1.
Research and development facilities.
2.
Compound of cosmetics, toiletries, drugs, and pharmaceutical products.
3.
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games, and electric or electronic apparatus.
4.
Manufacture or assembly of bolts, nuts, screws, and rivets, ornamental iron products, electrical appliances, tools, dies, machinery and hardware products, sheet metal products, and vitreous enameled metal products.
5.
Manufacture of food products and fruit and vegetable processing and canning.
6.
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabric, and printing and finishing of textiles and fibers into fabric goods.
7.
Manufacture of boxes, crates, furniture, brackets, veneer, and other wood products of a similar nature.
8.
Communications technology facilities such as call centers, data processing centers, catalog order centers, etc.
9.
Generally those light manufacturing uses similar to those listed in items above who do not create more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, heat, odors, or glare than that which is generally associated with light industry of the type specifically permitted.
10.
Residential treatment centers as defined in Section 217.430, RSMo.
[1]
NOTE: Building Inspector since he/she is the zoning administrator.
B.
Inappropriate uses for this area (since they require fewer FTE employees per square foot) include:
1.
Lumberyard or contractor supply facility.
2.
Wholesale merchandising or storage facility.
3.
Government maintenance and storage facility.
4.
Construction storage and office facilities.
5.
Commercial garage.
6.
Automotive repair shop, towing service, or salvage yard.
7.
Other businesses which, in general, do not require more FTE employees per square foot.
C.
There are no conditional uses.
Section 405.250 "I" Industrial District.
[R.O. 2013 § 405.250; R.O. 2005 § 23-95; Ord. No. 42.040 (A)(6); Ord. No. 98-13; Ord. No. 01-07 § 2]
A.
Permissive Uses. No one shall be permitted, the nature or manner of operation which shall be determined by the Building Inspector, to be unduly hazardous or injurious to other properties in the vicinity or to the general public welfare. In general, the following uses shall be permitted as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke, vibration, electrical or other disturbances.
1.
Any permissive use or "LI" Light Industry District.
2.
Lumberyard or contractor supply facility.
3.
Wholesale merchandising or storage facility.
4.
Government maintenance and storage facilities.
5.
Construction storage and office facilities.
6.
Commercial garage.
7.
Automotive service, repair shop, towing service, or salvage yard.
8.
Other such businesses which, in general, require less FTE employees per square foot than those allowed in "LI."
B.
Conditional Uses.
1.
Farm implements and agriculture service establishment, including feed and bottled gas, and accessory storage.
Section 405.260 "S-1" College.
[R.O. 2013 § 405.260; R.O. 2005 § 23-96; Ord. No. 42.040 (A)(7); Ord. No. 01-07 § 2; Ord. No. 04-09; Ord. No. 04-17; Ord. No. 12-07 § 1, 4-17-2012]
A.
Permissive Uses.
1.
Single-family dwelling.
2.
Two-family dwelling.
3.
Row house.
4.
Church.
5.
Park or playground.
6.
Non-profit college, university, and theological school, including administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, but not including trade school or use of any building or facility for commercial purposes unless in association with the college.
7.
Multiple-family dwelling owned or operated by a non-profit college, university, theological school for housing students or staff members.
8.
Parking lot.
B.
Conditional Uses.
1.
Art gallery or museum.
2.
Institutional headquarters for non-profit educational, fraternal, professional, or religious institution.
3.
Private club.
4.
Multiple dwelling other than those owned or operated by a non-profit college, university, or theological school.
5.
Boarding and rooming house owned or operated by a non-profit college, university or theological school.
Section 405.270 "S-2" Schools.
[R.O. 2013 § 405.270; R.O. 2005 § 23-97; Ord. No. 01-07 § 2]
A.
Permissive Uses.
1.
Public school, elementary and high, and private elementary and high school offering a curriculum similar to that of a public elementary or high school.
2.
Park or playground.
3.
Administrative and faculty offices, classrooms, laboratories, auditoriums, lecture halls, libraries, athletic facilities, dining facilities, and students' health facilities.
4.
Parking lot.
B.
Conditional Uses.
1.
Art gallery or museum.
2.
Institutional headquarters for non-profit educational institutions.
Section 405.280 "T" Trailer Or Mobile Home Regulations.
[R.O. 2013 § 405.280; R.O. 2005 § 23-98; Ord. No. 42.040 (B)(5);Ord. No. 01-07 § 2]
A.
All inhabited units shall be located in a mobile home or trailer park. No unit outside of an approved park shall be connected to utilities except those being offered for sale and not inhabited.
B.
Mobile homes shall meet the following standards:
1.
A park shall have an area of not less than ten (10) acres.
2.
Mobile home spaces shall be provided and shall contain a minimum lot size of sixty (60) feet in width by one hundred ten (110) feet in length.
3.
Mobile homes shall be harbored on each space so that there shall be at least ten (10) feet between mobile homes and other buildings.
4.
Mobile homes and accessory structures shall be located not closer than ten (10) feet to the nearest boundary or lot line.
5.
Each site shall abut or face a clear, unoccupied space, driveway, roadway, or street of not less than twenty (20) feet in width, which shall have an unobstructed access to a public highway, street, or alley.
6.
A park shall be surrounded by a landscaped strip of open space twenty (20) feet in width along the street frontage of a major street or lot line.
7.
Two (2) off-street parking spaces adjacent to the mobile home shall be provided for each mobile home.
8.
Each space shall be equipped with at least one (1) electrical outlet providing at two hundred (200) amperage service. All electrical service cables shall be placed underground. All homes shall be grounded.
9.
Each mobile home shall be anchored before a certificate of occupancy is issued and underpinned within forty-five (45) days of locating on site.
10.
Each home shall be provided with an adequate supply of potable water. The water system shall be installed in accordance with City specifications and have at least three-fourths (3/4) inch water service.
11.
Each home shall be provided with a sewer of at least four (4) inches in diameter which shall discharge waste into public sanitary sewer system.
12.
Each shall be provided with natural gas service.
13.
Each home shall have a separate utility meter for electric, water and gas.
14.
Each home shall be provided with underground telephone service, if available.
15.
Each home shall be provided with underground cable television service, if available.
16.
Fire hydrants shall be provided and constructed in accordance with City specifications.
17.
The park shall have an appropriate stormwater and drainage system.
18.
A certificate of occupancy must be obtained from the Building Inspector prior to the unit being occupied.
19.
Mobile homes being unoccupied for six (6) months shall be removed from the park unless under litigation.
C.
In this Section, the terms "mobile homes and "trailers" shall have the same meaning.
Section 405.290 "RC" Conservation District.
[R.O. 2013 § 405.290; R.O. 2005 § 23-99; Ord. No. 42.040 (A)(2); Ord. No. 01-07 § 2]
A.
Permissive Uses.
1.
Agricultural activity, but not including a dwelling unit.
2.
Park or forest preserve.
3.
Golf course.
4.
Cemetery.
B.
Conditional Uses.
1.
Extraction of coal, sand, or gravel.
2.
Privately operated outdoor or recreational facility, including riding stable, lake, swimming pool, tennis court and golf course on site of not less than five (5) acres.
3.
Motel, resort and incidental facilities, including swimming pool, restaurant, incidental retail sales and services and personal services on sites of not less than one (1) acre, provided they are protected from flooding.
4.
Guest ranch, hunting and fishing resort, ski resort and incidental facilities, including swimming pool, restaurant, incidental retail sales and services and personal services, on site of not less than twenty (20) acres provided they are protected from flooding.
5.
Marina, yacht club, boathouse or bait shop.
Section 405.310 Historic Overlay Districts.
[Ord. No. 2024-11, 11-12-2024]
A.
Historic Overlay Districts may be created as provided in Chapter 415.
B.
Courthouse Square Historic Overlay District.
1.
Permitted Uses. All permitted uses allowed in the underlying zoning district shall be allowed.
2.
Conditional Uses. All approved conditional uses in the underlying zoning district shall be allowed.