Festus City Zoning Code
ARTICLE IV
Exceptions and Modifications
Section 405.680 Height Exceptions.
[R.O. 2009 §31-69; Ord. No. 2928 §31-69, 12-22-1999]
A.
The height limitations stipulated elsewhere in this Chapter shall not apply to the following:
1.
Barns, silos or other farm buildings or structures on farms, church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers (subject to the conditions in Subsection (D) of this Section), windmills, chimneys, smokestacks, flagpoles, radio towers, masts and aerials, parapet walls extending not more than four (4) feet above the limiting height of the building;
2.
Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided that these are located on the first (1st) floor of such building and provided that for each three (3) feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district;
3.
Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceeds fifty percent (50%) of the corresponding street lot line frontage or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
B.
All such structures, except for transmission towers regulated in Subsection (D) of this Section, above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than fifty (50) feet in all parts from every lot line not a street lot line.
C.
On through lots one hundred twenty-five (125) feet or less in depth, the height of the building may be measured from the curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than one hundred twenty-five (125) feet from that street.
D.
Transmission towers, including radio or telephonic transmission towers or similar structures, shall comply with the following requirements:
1.
Said structure shall not be any nearer than one thousand five hundred (1,500) lineal feet from any other radio, television or telephonic communication transmitting tower.
2.
Said structure shall be distant a minimum of one hundred percent (100%) of its constructed height from any lot lines where said structure is to be erected and also the same distance from any other buildings or structure except those used in the operation of said tower.
3.
The owners of the radio, television or telephonic communication tower shall have explored and documented that there are no other existing towers located within the City which could be used for the purpose proposed.
4.
The proposed tower must be able to accommodate a total of four (4) users.
5.
The site shall be fenced a minimum of eight (8) feet with a material approved by the Board. The site shall be landscaped so as to make it harmonious with surrounding properties.
6.
The owner of the property shall furnish a surety bond, cash escrow or letter of credit issued in favor of the City in an amount sufficient to pay for the removal of the tower and the restoration of the property to its former condition should the tower be abandoned. The tower will be considered abandoned if its use is discontinued for a continuous period of more than one (1) year.
7.
Applicant must get Federal Aviation Administration and Federal Communications Commission approvals or waivers and submit proof of said approval to the City prior to construction.
8.
Radio, television or telephonic communication transmitting tower cannot exceed a maximum height of two hundred fifty (250) feet.
9.
The Board may prescribe any other conditions that it deems necessary to protect the general welfare of the community.
Section 405.690 Yard Exceptions.
[R.O. 2009 §31-70; Ord. No. 2928 §31-70, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A.
Where twenty-five percent (25%) or more of the lots in the block frontage are occupied by buildings, the average setback of such buildings shall determine the location of the building line, except that in any "E" or "R" district, such setback need not exceed forty (40) feet in any case. Building lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivision. Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a yard shall be measured from such official line to the nearest line of the building.
B.
Each side yard, where required, shall be increased in width by one (1) inch for each foot by which the length of the side wall of the building adjacent to the side yard exceeds forty (40) feet. Side yard widths may be varied where the side wall of the building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yards shall not be less than the otherwise required least width, provided however, that such side yard shall not be narrower at any point than one-half (½) the otherwise required least width or narrower than three (3) feet in any case.
C.
Depth of a rear yard or a width of each side yard for a single-family or two-family dwelling may be reduced by four (4) inches in depth and two (2) inches in width respectively for each foot by which a lot at the time of the passage of Ordinance 1401 (July 28, 1976) is less than one hundred (100) feet deep or less than sixty (60) feet wide; provided however, that no such side yard shall be less at any point than three (3) feet or in the case of such side yard along a side street lot line less than five (5) feet; and further provided, that no such rear yard shall be less than ten (10) feet. The width of one (1) side yard may be reduced when authorized by the Board in the case of a single-family or two-family dwelling to a width of not less than three (3) feet, provided that the sum of the widths of the two (2) side yards is not less than the required minimum and the distance between the proposed dwelling and another dwelling existing or proposed on the adjacent lot is not less than the required minimum sum of the widths of the two (2) side yards; provided however, that such reduction may be authorized only when the Board finds it warranted by the location of existing buildings or conducive to the desirable development of two (2) or more lots.
Section 405.700 Yard Projections.
[R.O. 2009 §31-71; Ord. No. 2928 §31-71, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A.
Certain architectural features may project into required yards or courts as follows:
1.
Into any required front yard or required side yard adjoining a side street lot line, cornices, canopies, eaves or other architectural features may project a distance not exceeding two (2) feet six (6) inches, fire escapes may project a distance not exceeding four (4) feet six (6) inches, an uncovered stairway and necessary landings may project a distance not to exceed six (6) feet provided such stair and landings shall not extend above the entrance floor of the building except for a railing not exceeding three (3) feet in height, and bay windows, balconies and chimneys may project a distance not exceeding three (3) feet, provided that such features do not occupy in the aggregate more than one-third (1/3) of the length of the building wall on which they are located;
2.
Subject to the same limitations, the above named features may project into any required side yard adjoining an interior side lot line a distance not exceeding one-third (1/3) of the required least width of such side yard but not exceeding three (3) feet in any case;
3.
The named features may project into any required rear yard a maximum distance of twenty (20) feet, provided however, that landings, decks or porches may be covered and shall be no closer than fifteen (15) feet to the rear lot line, measured from the closest point of the rear lot line to the closest point of the feature.
B.
Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mailboxes, nameplates, lampposts, bird baths and structures of like nature are permitted in any required front, side or rear yard. Open fences, lattice work, screens, hedges or walls not more than seven (7) feet in height and private swimming pools surrounded by a fence at least forty-eight (48) inches high may be located in the required side or rear yard and a hedge, open fence or wall maintained so as to not exceed forty-two (42) inches in height or chain link fence clear of all vegetation or obstruction at forty-eight (48) inches in height may be located in any front yard. Trees, shrubs, flowers or plants may be permitted in any required front, side or rear yard except that vision clearance on corner lots shall be provided when required.
Section 405.710 Lots of Record.
[R.O. 2009 §31-72; Ord. No. 2928 §31-72, 12-22-1999]
A single-family dwelling may be located on any lot in any district in which such single-family dwellings are permitted if the lot was a single parcel or a single parcel included in a subdivision of record at the time of the passage of Ordinance 1401 (July 28, 1976), even though the lot does not have the minimum lot area or minimum lot width specified for the district in which located, provided that yard spaces satisfy requirements stipulated for such district or as may be modified by Section 405.690.