Fenton City Zoning Code
CHAPTER 425
Accessory Uses
Section 425.010 General Requirements For Accessory Buildings, Structures, And Accessory Uses.
[R.O. 2009 § 460.010; Ord. No. 3631 § 3, 10-27-2016[1]]
A.
For the purpose of this Article, the term "Accessory Use" shall also include Accessory Buildings and Structures. As set forth in the definitions, to be considered an Accessory Use, a use, Building, or Structure must be incidental to, subordinate in size or purpose, and customary in conjunction with the Principal Building, Structure, or Principal Use and is located on the same Lot as the Principal Building, Structure, or Principal Use.
B.
Permitted Accessory Uses, include, but are not limited to, the following:
1.
Detached Private Garages.
2.
Detached Carports.
3.
Greenhouses (non-commercial).
4.
Swimming pools (in-ground and above ground), including hot tubs and elevated Decks for pools.
5.
Tennis, basketball, volleyball, and other similar sport courts.
6.
Storage Structures.
7.
Private Stables located in the "R-1" District.
8.
Accessory Uses related to Farming.
C.
A permit is required for any Accessory Building or Structure, except Accessory Uses that are:
1.
Unattached to the ground and less than one hundred twenty (120) square feet in size;
2.
A Home Occupation;
3.
Satellite Dishes; or
4.
Marijuana Cultivation; see Section 425.040 below.
[Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
Exemptions from the permit requirement shall not be deemed to grant authorization for any Accessory Use to be constructed and maintained in violation of this Article, the Zoning Code, or any other laws or ordinances of the City or other applicable law. |
D.
All Accessory Uses shall conform to the requirements of this Article as necessary to ensure the public's safety and general welfare.
E.
All Accessory Uses shall be adequately attached to the ground and shall be erected in a secure and wind-resistant manner.
F.
Accessory Buildings or Structures shall not be used for Residential Dwelling purposes.
G.
Storage Structures may be erected upon a Lot in a Residential District prior to the construction of a Residential Dwelling, not to exceed two (2) months, provided that said Storage Structure does not encroach the required Front Setback of the Zoning District and has a minimum Setback of five (5) feet from all other Lot Lines.
H.
The height or size of an Accessory Use shall not exceed the height or size of the Principal Building; except in the "R-1" District where the Principal Use of the Lot is a Residential Use, the height of the Accessory Use may exceed the height of the Principal Building but shall not be permitted to exceed twenty (20) feet in height.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
I.
No more than one (1) Storage Structure shall be permitted on any Lot in the Residential Districts, unless associated with Farming.
[Ord. No. 3840, 8-23-2018]
J.
Except as otherwise provided in Subsection (H) above, Detached Private Garages and Detached Carports associated with a Residential Dwelling shall not exceed twenty (20) feet in height, or the height of the Principal Building, whichever is less.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
K.
Except as otherwise provided in Subsection (H) above, Storage Structures associated with a Residential Use shall not exceed twelve (12) feet in height.
[Ord. No. 3824, 7-26-2018; Ord. No. 3840, 8-23-2018]
L.
No Accessory Use, except Detached Private Garages, Detached Carports, sport courts, and swimming pools, shall be larger than ten percent (10%) of the Rear Yard of the Lot. In no event shall the total square footage of all Accessory Uses on a Lot exceed thirty percent (30%) of the total Rear Yard area.
M.
Except as otherwise provided within this Code or in the following circumstances, Accessory Uses may only be located within the Principal Building or within the Rear Yard of any Lot and have a minimum Setback at least five (5) feet from any adjacent Lot Line.
1.
Temporary stands offering for sale farm products produced on a Lot within a Residential District or Lot used for Farming may be located within the Front Yard.
2.
Temporary lemonade stands or similar temporary stands operated by minors on a Lot within a Residential District may be located within the Front Yard.
3.
Retaining Walls may be located in any Yard of the Lot in which it is constructed.
Section 425.020 Additional Requirements For Non-Residential Use And Multiple-Family Dwelling Accessory Structures, Buildings And Accessory Uses.
Section 425.030 Additional Requirements For Home Occupations.
[R.O. 2009 § 460.030; Ord. No. 3631 § 3, 10-27-2016; Ord. No. 4261, 9-22-2022]
A.
Purpose. The following requirements for Home-Based Businesses and Home-Based Work are enacted for the purpose of protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control; ensuring that the business activity is compliant with City, State, and Federal law; and confirming that the business is paying applicable taxes.
B. GOODS or SERVICES HOME-BASED BUSINESS HOME-BASED WORK HOME OCCUPATION NO IMPACT HOME-BASED BUSINESSa. b. (1) (2) (3) (4) (5) (6) (7)
Definitions. As used in this Section the following terms shall have the meanings indicated:
Any work, labor, merchandise, equipment, products, supplies, or materials, of any tangible or intangible nature, except real property or any interests therein.
Any business operated in a Residential Dwelling, by a person residing in that Residential Dwelling, that manufactures, provides, or sells Goods or Services and that such business is owned and operated by the owner or tenant of the Residential Dwelling.
Any lawful occupation performed by a resident within a Residential Dwelling or Accessory Structure, which is clearly incidental and secondary to the use of the Dwelling Unit for residential purposes and does not change the residential character of the Residential Dwelling or adversely affect the character of the surrounding neighborhood.
Either a No Impact Home-Based Business or resident or residents of the Residential Dwelling doing Home-Based Work.
Any Home-Based Business:
Where the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the Residential Dwelling; and
The activities of the business:
Are limited to the sale of lawful Goods and Services;
May involve having more than one (1) client on the Property at one (1) time;
Do not cause a substantial increase in traffic through the residential area;
Do not violate the Residential Parking Requirements set forth in Section 430.120;
Occur inside the Residential Dwelling or in the Yard of the Residential Dwelling;
Are not visible from the Street; and
Do not violate the narrowly tailored regulations in Subsection (C), below.
C.
A Home Occupation may operate in any Residential District provided the Home Occupation:
2.
Does not change the residential character of the Residential Dwelling by altering or modifying the exterior of the Dwelling so as to indicate the presence of a Home Occupation; and
3.
Is operated such that the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the Residential Dwelling; and
4.
Pays all applicable taxes and otherwise operates in compliance with applicable City, State, and Federal law; and
5.
Is operated by a resident or residents of the Dwelling Unit; and
6.
Does not adversely affect the character of the surrounding neighborhood by allowing or causing, for example, unless otherwise permitted in this Code, commercial or delivery vehicles used in connection with the Home Occupation to be parked at or stored on the Property or visit the Property with a frequency of more than two (2) visits per day; a steady or concentrated visitation of clients to the Dwelling; a substantial increase in traffic or on-street parking through the residential area; storage or the use of equipment that produces negative effects outside the Residential Dwelling or Accessory Structure; or similar adverse impacts.
D.
A license is not required for Home Occupations nor any fee, but within sixty (60) days of establishing a Home Occupation the resident is asked to supply the City with: (1) a copy of their business's Missouri Tax I.D. number and, for Home Occupations selling goods at retail, a Statement of No Tax Due in accordance Missouri Statutes (Section 144.083.2 and 144.083.4, RSMo.); and (2) a written description of the Home Occupation, the percentage of the Dwelling to be occupied by the Home Occupation, and the number of employees to be working at the Home Occupation who are not residents of the home. At the same time, to help ensure the proposed Home Occupation complies with the requirements of this Subsection, the City shall supply the resident with a copy of this Subsection or a summary of its requirements. Upon receipt of the written description, the City shall verify for the resident that the Home Occupation complies with this Section. Any change in the amount of Gross Floor Area occupied by the Home Occupation as detailed in the original description, number of employees, or the type of Home Occupation should be followed by a submission of a revised description and review and approval in accordance with this Section to assist the resident in continued compliance.
E.
Nothing in this Subsection pertaining to Home Occupations shall be deemed to:
1.
Prohibit mail order or telephone sales for Home Occupations;
2.
Prohibit service by appointment within the Residential Dwelling or Accessory Structure;
3.
Prohibit or require structural modifications to the Residential Dwelling or Accessory Structure;
4.
Restrict the hours of operation for Home Occupations;
5.
Restrict storage or the use of equipment that does not produce effects outside the Residential Dwelling or Accessory Structure; or
6.
Restrict or prohibit a particular occupation that is legal under the laws of the City, State, and United States.
Section 425.040 Additional Requirements For Qualifying Patient Medical Marijuana Cultivation.
[R.O. 2009 § 460.040; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
B.
Qualifying Patient Medical Marijuana Cultivation, Primary Caregiver Medical Marijuana Cultivation, and Consumer Personal Cultivation. On any Lot in the City, a person holding a current, valid Marijuana Cultivation Identification Card issued by the State of Missouri may have as an Accessory Use Marijuana Cultivation as permitted by Article XIV of the Missouri Constitution so long as all of the following conditions are met:
1.
The Accessory Use must take place only in a Facility that is enclosed, locked, and equipped with security devices (the "Cultivation Area"), and in conformance with all Federal and Missouri laws and regulations. Consumer personal Cultivation, Qualifying Patient, and Primary Caregiver Cultivation shall not take place at a place of business.
2.
The State-issued Marijuana Cultivation Identification Card must be clearly displayed within the Cultivation Area and in close proximity to the Marijuana plants.
3.
The Accessory Use must have an odor control system that is at least as stringent as that which is required by State regulations.
4.
A Qualifying Patient may not hold or obtain both a Qualifying Patient Cultivation Identification Card and a Consumer personal Cultivation card at the same time, regardless if the caregiver holds a Cultivation Identification Card on behalf of the Qualified Patient.
5.
All Marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of a State-issued Marijuana Cultivation Identification Card.
6.
Nothing in this Section shall convey or establish a right to cultivate Marijuana in a Facility or site where State or Federal law or a private contract would otherwise prohibit doing so.
7.
The following additional rules shall apply to Consumer personal Cultivation:
a.
All Consumer personal Cultivation must take place at a private residence.
b.
One (1) Consumer may not cultivate more than six (6) Flowering Plants, six (6) non-flowering plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall. No more than twelve (12) Flowering Plants, twelve (12) non-flowering plants fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall may be cultivated by Consumers at a single private residence, regardless of the number of Consumers who live at that private residence subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.
c.
Plants and Marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an Enclosed, Locked Facility.
d.
All cultivated Flowering Plants in the possession of a Consumer shall be clearly labeled with the Consumer's name.
8.
The following additional rules shall apply to Qualifying Patient Cultivation:
a.
One (1) Qualifying Patient, the Primary Caregiver for that person on their behalf, or a Consumer for personal Cultivation, may cultivate up to six (6) Flowering Plants and six (6) non-flowering Marijuana plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall at any given time in a Cultivation Area, subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.
b.
Two (2) Qualifying Patients, who both hold valid Medical Marijuana Cultivation Identification Cards, may share one (1) Cultivation Area but no more than twelve (12) Flowering Plants and twelve (12) non-flowering Marijuana plants fourteen (14) inches tall or more, and twelve (12) non-flowering Marijuana plants under fourteen (14) inches tall or more may be cultivated in a Cultivation Area subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.
c.
Under no circumstances shall a Qualifying Patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) Flowering Plants.
d.
Only one (1) individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.
e.
All cultivated Flowering Plants in the possession of a Qualifying Patient or Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.
9.
The following additional rules shall apply to Primary Caregiver Cultivation:
a.
A Primary Caregiver may cultivate on behalf of more than one (1) Qualifying Patient and may utilize one (1) or more Cultivation Area(s).
b.
No Primary Caregiver cultivating Marijuana for more than one (1) Qualifying Patient may exceed a total of twenty-four (24) Flowering Plants, twenty-four (24) non-flowering plants fourteen (14) inches tall or more, and twenty-four (24) non-flowering plants under fourteen (14) inches tall subject to the limitations herein, Article XIV of the Missouri Constitution, and rules and regulations of the Department.
c.
Only one (1) individual in a patient-caregiver relationship may be authorized for Cultivation on behalf of the Qualifying Patient.
d.
All cultivated Flowering Plants in the possession of a Primary Caregiver shall be clearly labeled with the Qualifying Patient's name.
e.
A Primary Caregiver cultivator who is also authorized as a Qualifying Patient cultivator may grow the plants that belong to them as a Qualifying Patient cultivator, and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.
f.
A Primary Caregiver cultivator who is also authorized as a Consumer personal cultivator may not grow the plants that belong to them as an authorized Consumer personal cultivator and the plants grown on behalf of their Qualifying Patient(s) using the same Cultivation Area.
Section 425.050 Additional Requirements For Satellite Dishes.
[R.O. 2009 § 460.050; Ord. No. 3001 § 1, 12-23-2008]
A.
As used in this Section, the Satellite Dish shall mean any Accessory apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
B.
General Provisions (Residential And Non-Residential Uses).
1.
A Satellite Dish related to any Residential or Non-Residential Use may be installed without a building permit but must be in accordance with this Section.
2.
The Satellite Dish and its attachment to a Building or the ground shall meet the applicable requirements of any City codes and the requirements of Section 500.010 of the City's Municipal Code.
3.
The Satellite Dish is located in the Rear Yard not less than ten (10) feet from any Lot line or on the roof of a Building.
4.
No Signs of any type are permitted on a Satellite Dish.
5.
Satellite Dishes shall be finished in a non-garish, non-reflective color and surface which shall blend into its surroundings.
6.
In no case shall a Satellite Dish be permitted to be attached to a portable device for the purpose of relocating the entire dish on the Property to circumvent the intentions of this Section.
7.
Every Satellite Dish must be adequately grounded for protection against a direct strike of lightning.
8.
Satellite Dishes shall meet all manufacturer's specifications, shall be of non-combustible and corrosion-resistant material, and shall be erected in a secure, wind-resistant manner.
9.
If the Satellite Dish is placed on a roof, it should be placed in such a manner as not to detract from the aesthetic appearance of the surrounding area and it shall be located and designed to reduce visual impact from any Street.
10.
The Director may require Screening and/or landscaping surrounding the Satellite Dish.
C.
Residential Dwellings (excluding Multiple-Family Dwellings). A Satellite Dish related to a Residential Dwelling, excluding Multi-Family Dwellings, must further be in accordance with the following:
1.
The Satellite Dish is not located on the roof of a Building unless such Satellite Dish is less than three (3) feet in diameter and the total height of the Satellite Dish, including the stand, does not exceed five (5) feet.
2.
The Satellite Dish, when installed, except on the roof of a Building, is not, at its highest point, fifteen (15) feet above grade and does not exceed three (3) feet in diameter.
3.
Only one (1) Satellite Dish shall be permitted on any Lot.
D.
Non-Residential Use And Multiple-Family Dwellings. A Satellite Dish related to a Non-Residential Use or Multiple-Family Dwelling must further be in accordance with the following:
1.
The Satellite Dish is not located on the roof of a Building unless such Satellite Dish is less than eight (8) feet in diameter and the total height of the Satellite Dish, including the stand, does not exceed ten (10) feet.
2.
The Satellite Dish, when installed, except on the roof of a Building, is not, at its highest point, twenty (20) feet above grade and shall not exceed eight (8) feet in diameter.
3.
No more than two (2) Satellite Dishes shall be permitted per Building.
Section 425.060 Requirements And Standards For Outdoor Dining.
[R.O. 2009 § 448.010; Ord. No. 3854, 9-27-2018]
A.
It is the purpose of this Section to provide reasonable minimum standards for the permitted Accessory Use of Outdoor Dining, as defined under Section 400.030 of this Code, to control and limit any adverse impact on pedestrian traffic and other uses on the Lot and adjoining properties. Outdoor Dining may be permitted by Special Use Permit under the provisions of Section 410.080.
B.
Standards, Criteria, And Conditions. In addition to any conditions established by the City under the Special Use Permit, the following standards, criteria, and conditions shall apply to the establishment and operation of Outdoor Dining:
1.
Outdoor Dining areas must be located on the same Lot and adjacent to the establishment in which it is related.
2.
Outdoor Dining areas must be located within the required Setback of the Lot in which it is located, or as otherwise provided in Section 430.230. Additionally, Outdoor Dining areas shall not be located within five (5) feet of any Lot Line.
3.
Outdoor Dining areas shall allow a free flow of pedestrian access and shall not have a negative impact on traffic flow or any adjacent parking areas or establishments.
4.
All tables, chairs, umbrellas, and other permissible objects provided shall be maintained with a clean appearance and shall be in good repair.
5.
Outdoor Dining areas shall be maintained in a neat and orderly appearance, clear of litter and debris, and provisions shall be made for adequate trash control on-site.
6.
No tables, chairs, or any other parts of the Outdoor Dining area shall be attached, chained, or in any manner affixed to any tree, post, sign, or other fixture, curb, or sidewalk in or near the permitted area.
7.
Outdoor Dining seating shall be included when determining the Off-Street Parking requirements for the related establishment.
8.
The outdoor storage of dishes, silverware, or other Outdoor Dining equipment, other than tables and chairs, shall only be allowed during hours of operation.
9.
Times of operation, including hours and days of operation and/or seasonal operations, shall be determined by the City in conjunction with the Special Use Permit.
10.
The Commission and Board may require bollards, Fencing, and/or landscaping around the Outdoor Dining when it is deemed necessary to provide a Buffer Area for adjacent uses and/or safety and welfare of the Outdoor Dining patrons.
11.
No live entertainment, speakers, televisions, or other audio admitting devices shall be permitted in the Outdoor Dining area unless otherwise approved by the City under the Special Use Permit.
12.
Lighting of the Outdoor Dining area shall not disturb any adjacent establishment, property, or Street.
C.
Temporary Expanded Outdoor Dining. Whenever a public health order issued and in effect by the St. Louis County Department of Public Health or other entity with jurisdiction directs that all Restaurants in the City are to cease or limit indoor food service and/or limit their services to only Outdoor Dining, carry-out, and delivery, the following process shall apply:
[Ord. No. 4093, 2-25-2021]
1.
Restaurants may apply to the Director for a temporary Expanded Outdoor Dining permit and the Director is authorized to issue such a permit for the operation of an Outdoor Dining area for up to ninety (90) days at a time, if the Director finds based on the information within the application that the public health, safety, and general welfare will be maintained. The Director may also allow such Outdoor Dining to expand into required Off-Street Parking Spaces if all required Drive Aisles, traffic flow, and public safety can be maintained in the reasonable discretion of the Director. The application should contain at minimum:
a.
Detailed Site Plan clearly identifying, at a minimum, the boundaries of the area to be used for outdoor seating, the proposed layout of the seating, pedestrian access areas, adjustments to Off-Street Parking Spaces (including exact number of spaces to be used), Drive Aisles, safety barriers, and any proposed canopy or other weather protections for customers;
b.
A clear and specific explanation of all customer safety measures such as temporary bollards, barriers, planters, etc. intended to be used;
c.
Proposed lighting and heating arrangements, if any; and
d.
Any other information reasonably requested by the Director to determine compliance with this Section and overall protection of the general welfare and safety.
2.
The permit shall contain such conditions as are deemed necessary for the protection of the health, safety, and general welfare including specifically pedestrian and vehicle traffic safety and mitigation of any effect on adjacent Properties, and the Director may require such assurance or guarantee of compliance with such conditions as is reasonable and appropriate under the circumstances.
3.
An application that the Director determines does not fully satisfy the criteria for issuance may be approved by the Board after review and report by the Director. The temporary permit application may be granted, denied, or made subject to conditions that the Board deems reasonably necessary to protect the public health, safety, and general welfare.
4.
If approved, certain building permits and/or approval from other entities, including but not limited to the St. Louis County Health Department, may be necessary depending on the scope of the plans submitted.
5.
Nothing shall prevent the Director from issuing a new temporary Expanded Outdoor Dining permit for the same Lot upon application in accordance with this Section.
Section 425.070 Requirements And Standards For Drive-Through Services.
[R.O. 2009 § 450.010; Ord. No. 3853, 9-27-2018[1]]
A.
In addition to other applicable provisions in this Code, all Drive-Through Services shall be governed by the provisions in this Article.
1.
Site Plan Review.
a.
Site Plan Review shall be required for all Drive-Through Services in conjunction with a Permitted Use or Use allowed by Special Use Permit in a Non-Residential District.
b.
Site Plan Review shall not be required for freestanding ATM Facilities. In applicable Districts, freestanding ATM Facilities shall be permitted under the provisions of Section 410.080, Procedures for Obtaining a Special Use Permit.
c.
Site Plan Review applications for Drive-Through Services shall comply with all requirements and procedures set forth in this Chapter 425, Article III. In addition, the Director may require the Applicant to submit, at Applicant's cost, a sealed traffic study, acceptable to the City, with the Site Plan Review application when the layout of the Property or proposed Drive-Through Services or the existing traffic on the Property is deemed to potentially have an adverse impact on traffic or parking conditions on the Property or adjacent Streets and accessways. The traffic study shall include the following:
d.
Any Lot that changes its Principal Use must submit, and receive approval of, a new Site Plan Review prior to operating new Drive-Through Services.
2.
Design Standards. All Drive-Through Services shall adhere to the following design standards:
a.
Each queuing lane shall be designed to prevent parking and traffic circulation congestion, both on-site and on adjacent Streets and accessways.
b.
Queuing lanes shall have a minimum width of twelve (12) feet, unless otherwise waived by the Commission or Board based on the findings of a traffic study.
c.
Queuing lanes that obstruct the pathway between the Off-Street Parking Areas and entries into the Building shall be designed with a pedestrian crossing that is delineated by raised or delineated pavement and signage.
d.
No Drive-Through Services shall be located across the Street from or adjacent to a Lot in a Residential District or Lot with a Residential Use, unless the intervening Street is an Arterial or Collector Street.
e.
The Commission or Board may require additional landscaping and/or Fencing be provided for Drive-Through Services when it is deemed necessary to provide a Buffer Area for adjacent uses.
f.
Order/menu boards for Restaurants shall not exceed seven (7) feet in height or fifty (50) square feet in area. Order/menu boards in size, location, or number that is not permitted may be authorized under a Sign Plan, or when possible, in conjunction with or as part of Site Plan Review.
[Ord. No. 4033, 5-28-2020]
3.
Queuing Space Requirements.
a.
Each queuing space shall be a minimum of twenty-two (22) feet, unless otherwise waived by the Commission or Board based on the findings of a traffic study.
b.
Queuing spaces for Drive-Through Services shall be provided as follows:
[Ord. No. 4033, 5-28-2020]
Land Use | Queuing Spaces* |
|---|---|
Financial Institutions | 4 queuing spaces per service window or Automated Teller Machine |
Restaurants, with pick-up window and separate order board and/or pay window | 5 queuing spaces, plus 3 queuing spaces from order board to pay window (if provided), plus 2 queuing spaces to pick-up window. If no separate pay window is provided, a total of 10 queuing spaces shall be provided. |
Restaurants, with pick-up window only | 5 queuing spaces |
General Retail Use and Personal and Business Service Shops | 3 queuing spaces per service window |
ATM Facilities (Freestanding) | 3 queuing spaces |
Automotive Washing Facility (Self-Service) | Line-up area for each wash stall sufficient to accommodate 4 cars. |
Automotive Washing Facility (Not Self-Service) | Reservoir (line-up) parking equal to 5 times the capacity of the car wash bay. |
Other Uses | If the Land Use is not provided above, the Commission or Board shall determine the required queuing spaces based on the traffic report submitted with the Site Plan Review application and/or analysis of an existing comparable facility within or in near proximity of the City. |
Exceptions | The Commission or Board may reduce or increase required queuing spaces for a Land Use provided above based on the traffic study submitted with the Site Plan Review application and/or analysis of an existing comparable facility within or in near proximity of the City. |
Section 425.080 Purpose.
[R.O. 2009 § 461.005; Ord. No. 3851, 8-23-2018[1]]
The purpose of this Article is to provide regulations for outdoor displays, sales, and storage related to Non-Residential Uses in the City.
Section 425.090 General Regulations.
[R.O. 2009 § 461.010; Ord. No. 3851, 8-23-2018]
A.
Accessory Use. Unless otherwise provided for within this Code, outdoor displays, sales, Storage Areas, and Bins are deemed to be an Accessory Use related to a permitted Non-Residential Use, must be located on the same Lot of the establishment, and must be subordinate in size or purpose to the Principal Structure or Use.
B.
Maintenance; Enforcement. Outdoor displays, sales, Storage Areas, and Bins are to be located on a paved surface and maintained in a safe, neat, and orderly manner. If the Director or authorized representative determines an outdoor display, sale, Storage Area, Container, or Bin to be unsafe or in violation of the standards set forth for exterior areas (Chapter 505), such shall be subject to enforcement under Chapter 445. The Director may immediately shut down any display or sale that is determined to be an immediate health and safety hazard.
C.
No Interference. Outdoor displays, sales, Storage Areas, and Bins shall not encroach, interfere, and/or obstruct vehicular access from designated fire lanes, Drive Aisles, and/or impede the flow of pedestrian traffic on sidewalks or be located where the required number of Off-Street Parking Spaces for the Principal Use of the Property is diminished.
Section 425.100 Outdoor Displays Or Sales Of Merchandise.
[R.O. 2009 § 461.020; Ord. No. 3851, 8-23-2018]
A.
Outdoor displays or sales of merchandise are permitted when located adjacent to the Front or Side Building Elevation of the establishment to which it is related.
B.
Outdoor displays or sales of merchandise not located adjacent to the Front or Side Elevation of the establishment in which it is related, as reasonably determined by the Director, but on the same Property, requires approval by a Special Use Permit.
Section 425.110 Outdoor Storage Areas And Outdoor Storage Bins.
[R.O. 2009 § 461.030; Ord. No. 3851, 8-23-2018]
A.
Special Use Permit. Outdoor Storage Areas and Bins are permitted in the "BP-1," "BP-2," "BP-3," "CP-1," "HP-1," and "IP-1" Districts, subject to Special Use Permit approval and compliance with the following regulations:
1.
Outdoor Storage Areas or Bins shall be located behind the Front Elevation Line of the Principal Building and confined to the Side or Rear Yard of the Property.
2.
No Outdoor Storage Area or Bin shall be within five (5) feet of any Side or Rear Lot Line.
3.
When an Outdoor Storage Area or material contained in an Outdoor Storage Bin is visible from a Street, Blind Fencing as specified in Section 425.210 of this Code shall be provided. Additional landscaping material may be required to achieve necessary Screening.
4.
Additional Blind Fencing and/or landscaping material may be required when deemed necessary to shield visibility of the Outdoor Storage Area or Bin from adjacent Properties.
B.
Exception. Outdoor Storage Areas and Bins are permitted in the "IP-1" District, without obtaining a Special Use Permit, but subject to approval of an Outdoor Storage Permit by the Director when in compliance with Subsection (A)(1) through (4) above. The Director may approve an alternative surface material for Outdoor Storage Areas in the "IP-1" District.
Section 425.120 Purpose.
[R.O. 2009 § 464.010; Ord. No. 3348 § 1, 9-26-2013]
The purpose of this Article is to provide standards for the installation and use of Solar Energy systems as Accessory Uses. This Article seeks to protect properties from incompatible uses in the interest of property values, public health, and the welfare of the community while promoting the use of alternative energy sources, where appropriate. This Article provides a process to facilitate the use of these systems in a manner that minimizes adverse impacts and the potential for nuisance.
Section 425.130 Definitions.
[R.O. 2009 § 464.020; Ord. No. 3348 § 1, 9-26-2013]
As used in this Article, the following terms shall mean:
A Solar Energy system that is an integral part of a Principal or Accessory Building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the Building, which contributes to the design of the Building, including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights, and awnings.
A Solar Energy system affixed to either a Principal or Accessory Structure on a Lot.
A Solar Energy system that is not attached to another Structure and is affixed to the ground.
The component of a Solar Energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.
The Solar Energy Collectors, electronics, disconnect, valves, and other appurtenances associated with a Solar Energy system.
A Building- or ground-mounted photovoltaic, hot air, or hot water collector device or other type of energy system, which relies upon solar radiation as the source for the generation of electricity or transfer of stored heat.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
Section 425.140 Accessory Use.
[R.O. 2009 § 464.030; Ord. No. 3348 § 1, 9-26-2013]
Solar Energy Systems shall be considered a permitted Accessory Use in all Zoning Districts, subject to the provisions of this Article.
Section 425.150 Requirements.
[R.O. 2009 § 464.040; Ord. No. 3348 § 1, 9-26-2013]
A.
The requirements set forth in this Section shall govern the construction and/or installation of all Solar Energy Systems:
1.
Solar Energy Systems, General.
a.
Solar Energy Collectors shall be located in the least visible location from perspectives outside the Lot Lines where panels would be reasonably, though not necessarily optimally, functional.
b.
Solar Energy Collectors shall be documented by the manufacturer as being non-reflective pursuant to recognized engineering standards showing reflectivity of less than thirty percent (30%) or shall be placed such that concentrated sunlight or glare shall not be directed onto nearby Lots or Streets.
c.
Building-Integrated Solar Energy Systems shall be allowed regardless of visibility, provided the Building-Integrated Solar Energy System meets all required Setbacks, height, and use requirements for the Zoning District in which the Building is located.
2.
Solar Energy Systems, Residential.
a.
Ground-Mounted Solar Energy Systems.
(1)
Ground -Mounted Solar Energy Systems shall only be located in the Side or Rear Yard of a Lot and are not permitted in the Front Yard of a Lot.
(2)
Ground-Mounted Solar Energy Systems must have a minimum five-foot Rear Setback and maintain the same Side Setback as required for the Zoning District in which they are located.
(3)
Ground-Mounted Solar Energy Systems and supporting structures may not exceed a total height of ten (10) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system.
(4)
Collectively, all Ground-Mounted Solar Energy Systems on the Property shall not be greater than one-half (1/2) the square footage of the footprint of the Principal Structure or six hundred (600) square feet, whichever is greater.
(5)
Ground-Mounted Solar Energy Systems must be substantially blocked from public view (including adjacent Lots and Streets) by Screening, architectural features, or a combination thereof; provided, however, that Screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.
b.
Building-Mounted Solar Energy Systems.
(1)
Building-Mounted Solar Energy Collectors installed in Residential Districts shall be:
(a)
Installed in the plane of the roof (flush mounted); or
(b)
Made part of the roof design (capping or framing compatible with the color of the roof or Structure); or
(c)
A Building-Integrated Solar Energy System. Mounting brackets shall be permitted to be placed on the slope of a rear-facing roof if the Applicant can demonstrate that the existing pitch of the roof would render the Solar Energy Equipment ineffective or incapable of reasonable operation.
(2)
When located on a sloped roof, Solar Energy Collectors shall be located on a rear- or side-facing roof, as viewed from the Frontage. In cases of Corner Lots or Lots with more than one (1) Frontage, the side roof fronting a Street shall be considered a front-facing roof.
(3)
Solar Energy Systems shall not project vertically above the peak of a sloped roof to which it is attached.
(4)
When located on a sloped roof, Solar Energy Collectors shall be positioned in a symmetrical fashion and centered on the plane of the roof on which they are located and set back at least two (2) feet from any outside edge, ridge, or valley of the roof.
(5)
All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the Structure and the materials adjacent to the lines when visible from the Street.
3.
Solar Energy Systems, Non-Residential.
a.
Ground-Mounted Solar Energy Systems.
(1)
Ground-Mounted Solar Energy Systems shall only be located in the Side or Rear Yard of a Lot. Ground-Mounted Solar Energy Systems are not permitted in the Front Yard of a Property.
(2)
Ground-Mounted Solar Energy Systems must have a minimum five-foot Rear Setback and maintain the same Side Setback as required for the Zoning District in which they are located.
(3)
Ground-Mounted Solar Energy Systems and supporting Structures may not exceed a total height of twenty (20) feet as measured from the average grade at the base of the supporting structure to the highest edge of the system.
(4)
Collectively, all Ground-Mounted Solar Energy Systems located on the Property shall not be greater than one-half (1/2) the square footage of the footprint of the Principal Structure.
(5)
Ground-Mounted Solar Energy Systems must be substantially blocked from public view (including adjacent Lots and Streets) by Screening, architectural features, or a combination thereof; provided, however, that Screening shall not be required to be so dense, so tall, or so located as to render the equipment essentially non-functional.
b.
Building-Mounted Solar Energy Systems.
(1)
Building-Mounted Solar Energy Systems installed in Non-Residential Districts shall be installed:
(a)
In the plane of the roof (flush mounted);
(b)
Made part of the roof design (capping or framing compatible with the color of the roof or Structure); or
(c)
A Building-Integrated Solar Energy System. Mounting brackets shall be permitted if the Applicant can demonstrate that the existing pitch of the roof would render the Solar Energy Equipment ineffective or incapable of reasonable operation.
(2)
When located on a sloped roof, Solar Energy Collectors shall be located on a rear- or side-facing roof, as viewed from the Frontage. In cases of Corner Lots or Lots with more than one (1) Frontage, the side roof fronting a Street shall be considered a front-facing roof.
(3)
Solar Energy Systems shall not project vertically above the peak of a sloped roof to which it is attached.
(4)
When located on a sloped roof, Solar Energy Collectors shall be set back at least two (2) feet from any outside edge, ridge, or valley of the roof.
(5)
Solar Energy Collectors installed on a flat roof may exceed the Building Height up to five (5) feet.
(6)
Solar Energy Collectors installed on the roof-top deck of a covered Off-Street Parking Area may exceed the height of the exterior wall of the Structure up to twenty (20) feet if a minimum Setback of five (5) feet from the outside face of the Structure is provided.
(7)
All exterior electrical or plumbing lines must be painted in a color scheme that matches as closely as possible the color of the Structure and the materials adjacent to the lines when visible from the Street.
Section 425.160 Permit Requirements.
[R.O. 2009 § 464.050; Ord. No. 3348 § 1, 9-26-2013]
A building permit is required prior to the installation of any Solar Energy System. The owner of a Solar Energy System shall ensure that it is installed and maintained in compliance with applicable building, fire, and safety codes adopted by the City and any other state or federal agency of competent jurisdiction. All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the Facade materials of the Principal Structure.
Section 425.170 Abandonment.
[R.O. 2009 § 464.050; Ord. No. 3348 § 1, 9-26-2013]
Any Solar Energy Systems that are noticeably in disrepair without repair or restoration procedures substantially underway shall be removed from the Property and the Structure and/or Property shall be restored.
Section 425.190 Alternative Compliance.
[R.O. 2009 § 464.080; Ord. No. 3348 § 1, 9-26-2013]
In unusual circumstances arising from the unique location or character of the proposed location and/or surrounding uses or Structures, if site-specific alternative standards would provide results that are equal to or superior to those which would be provided by the standards in this Article, the Commission may recommend and Board may approve an Applicant's request for alternative standards if in the Commission's judgment the purpose of these regulations will be satisfied and the alternative standards will have no adverse impact on any other Property or unreasonably disturb the peaceful occupancy of adjoining or nearby Property.
A.
Procedure. An application for alternative compliance standards shall be reviewed in accordance with the requirements for a Special Use Permit, as set forth in Section 410.080 of this Code. The proposed alternative standards shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the intent of these design standards than would an approach which complies with the design standards of this Article.
B.
Review Criteria. To approve an alternative approach, the Commission must find that the proposed alternative approach accomplishes the intent of these standards equally well or better than would an approach which complies with these standards and the alternative standards will have no adverse impact on any other Property or unreasonably disturb the peaceful occupancy of adjoining or nearby Property.
Section 425.200 Purpose.
[R.O. 2009 § 462.010; Ord. No. 3001 § 1, 12-23-2008]
This Article contains the regulations for any Fencing installed, constructed, or erected within the City. These regulations may be supplemented and qualified by additional general regulations appearing elsewhere in this Code which are incorporated as part of this Article by reference.
Section 425.210 Requirements.
[R.O. 2009 § 462.020; Ord. No. 3001 § 1, 12-23-2008]
A.
Fencing Regulation, In General.
1.
Fencing shall be constructed with the structural or supporting members facing toward the area to be enclosed or in such a manner as to present the least conspicuous view of these members to the public as reasonably determined by the Director.
2.
Fencing shall not be greater than six (6) feet in overall height, except as otherwise provided in this Article.
3.
Fencing shall be located on or inside the Rear and/or Side Lot Lines and shall not extend towards the Street beyond the Front Elevation Line of the Principal Building, except as otherwise provided for within this Article. For these purposes, the Front Elevation Line of a Principal Building on a Corner Lot shall be deemed to be where the main front entrance to the Principal Building is located.
4.
Fencing four (4) feet or less in height may be considered by the Director beyond the Front Elevation Line of the Principal Building into the Front Yard if deemed necessary for safety concerns related to water features; bodies of water, such as Detention/Retention Areas, ponds, or lakes, Retaining Walls, etc. or as otherwise required under an applicable code or law.
5.
Notwithstanding anything to the contrary, Fencing shall not be constructed on any portion of a Lot within thirty (30) feet of an Intersection.
6.
Fencing must be kept in good repair and properly preserved. The Property owner shall repair, paint, remove, or otherwise attend to any Fencing if it becomes unsightly or a menace to public health, safety, and welfare.
7.
Allowable materials for Fencing, except where otherwise provided for in this Code, may include wood, plastic or other synthetic materials, woven fabric, chain-link, or masonry elements.
8.
The replacement of existing damaged Fencing, including the height, material, and location of original construction, shall not be prohibited by any provision within this Article.
B.
Additional Regulations. Fencing on any Lot used for Non-Residential Uses or Multi-Family Dwellings shall further be regulated as follows:
1.
Fencing in excess of six (6) feet may be permitted by Director after giving due consideration to the public safety, health, and welfare and the security of the Property, or as otherwise provided within this Section.
2.
Blind Fencing for Outdoor Storage Areas or Bins, where required within this Code, may exceed six (6) feet in overall height to block and shield visibility of Outdoor Storage Areas and Bins from the adjacent Streets or properties. The materials used for Blind Fencing shall be of high durability and quality and require low maintenance. Any Fencing constructed of chain-link with slats used to screen Outdoor Storage Areas or Bins must be vinyl-coated in an earth-tone, black, or green color.
[Ord. No. 3851, 8-23-2018]
3.
Where Fencing constructed of chain link is needed to enclose an approved outdoor recreational activity to protect participants and the public, it shall be vinyl-coated and the height of the Fencing shall not exceed ten (10) feet and, if necessary for additional protection, netting suspended beyond the height of the Fencing may be permitted by the Director.
4.
Dumpster areas shall be enclosed with Blind Fencing, as follows.
a.
Where dumpster areas are visible from the Street, the Blind Fencing shall be constructed of masonry elements, except for the gate which shall be constructed of wood, vinyl, or vinyl-coated chain-link with slats, and if possible oriented away from direct view from the Street.
b.
Where dumpster areas are not visible from the Street, Blind Fencing may be constructed of non-masonry elements, including vinyl-coated chain-link Fencing with slats.
5.
Fencing may extend beyond the Front Elevation Line of the of the Principal Building in the "IP-1" District where the Director deems it necessary for the operation of business.
C.
Farming Exception. Fencing on any Lot used for Farming purposes may be located on or within any Lot Line.
D.
Special Use Permit. Fencing not in compliance with this Article may be approved under a Special Use Permit.
E.
Permit Required, When. The construction, installation, or erections, of any Fencing will require a permit to be reviewed by the Director for compliance with this Article, except for Fencing less than four (4) feet in height used to protect garden areas shall not require a permit or the normal maintenance and repair or the replacement of non-structural members (posts).