Foristell City Zoning Code
ARTICLE V
Supplementary Regulations
Section 400.280 Off-Street Parking.
[Ord. No. 330 §1(28), 7-12-1999; Ord. No. 574 §1, 12-1-2003; Ord. No. 621 §1, 10-18-2004; Ord. No. 666 §1, 4-17-2006]
A.
Applicability. For every use, activity or structure permitted by this Chapter and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing, parking, circulation, unloading and loading of motor vehicles that may be expected to transport its occupants, whether as patrons, residents, customers, employees, guests or otherwise, to an establishment, activity or place of residence at any time under normal conditions for any purpose. When a use is expanded, accessory off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion in combination with the previously existing uses, structure or activity.
B.
Site Plan Required. Every building permit application for a new, enlarged or remodeled building, structure or use shall include therewith a parking site and landscape plan with the exception of detached single-family residences. In addition, such parking site and landscape plan requirements shall also apply to new, enlarged or remodeled parking facilities serving existing buildings, structures or uses. Application for approval of such a plan shall also identify all existing parking facilities currently serving said buildings, structures and uses for conformity with these regulations.
1.
Parking plan requirements. In addition to site plan approval requirements of this Code, the plan shall also specifically include the following:
a.
Delineation of individual parking and loading spaces by adequate striping.
b.
Circulation area necessary to serve parking and loading spaces.
c.
Access to streets and property to be served.
d.
Driveway and traffic aisle width, location of all curbs and curbing material.
e.
Grading, drainage, surfacing and subgrading details.
f.
Delineation of obstacles to parking circulation in finished parking area.
g.
Specification as to signs and bumper guards.
h.
Dimensions and material of required landscaping and screening.
i.
Lighting and other pertinent details.
j.
Critical dimensions indicating setback and parking lot design layout.
k.
Subsurface public utilities to be covered.
C.
Site Plan Review And Approval. Site plan review and approval shall be in accordance with Article III, Site Plan Improvements in Chapter 410 of this Code. In addition, the City Engineer may allow an applicant to initially construct fewer parking spaces than are required herein. Provided that, space to accommodate the total required amount of parking spaces is reserved and the applicant agrees in writing to construct all or parts of the remaining required parking spaces as the need arises or as may be determined by the Board of Aldermen.
D.
Interpretation Of Requirements.
1.
The parking requirements herein are in addition to space for storage of trucks or other vehicles used in connection with any use.
2.
The parking requirements of this Chapter do not limit special requirements which may be imposed with Mixed Use Development Districts (MUDD) or conditional use permits.
3.
The parking space requirements for a use not specifically listed shall be the same as for a listed use of similar characteristics as the City Engineer approves.
4.
In the case of mixed uses occupying the same building or premises, the parking spaces required shall equal the sum of the requirements of the different uses computed separately.
5.
Whenever a building or use is changed, enlarged in floor area, number of employees, number of dwelling units, seating capacity, etc., to require a change in the required number of parking spaces of ten percent (10%) or more, such spaces shall be provided on the basis of the change.
6.
The parking requirements heretofore established may be amended for a particular use through the conditional use process of this Code.
E.
Calculation Of Required Number Of Spaces.
1.
Fractional spaces. When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, any such fraction shall be counted as one (1) space.
2.
Floor area. "Floor area", when used as a measurement for determining the number of parking spaces for office, merchandising or service uses, shall mean the gross floor area used or intended to be used for service to the public as patron or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for not-public purposes such as storage, processing or packaging of merchandise, show windows or rest rooms or utilities, dressing, fitting or alteration rooms. Eighty percent (80%) of the floor area shall be used when no use is present and no development floor plan is prepared as a calculation method.
3.
Beds. Cribs or bassinets shall not be counted as beds in determining the number of parking spaces based upon the number of beds.
4.
Employees. The number of employees may be estimated when used as a measurement for determining the number of parking spaces for a new or to be established business.
5.
Sufficient access. In calculating any required parking area, other than for detached or attached single-family dwellings, sufficient access and maneuver space shall be provided to permit the parking and removal of any vehicle without moving other vehicles.
6.
Shared space. Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portion thereof.
7.
Uses not mentioned. If there is any uncertainty with respect to the amount of parking space required due to a specific use not being mentioned, then the maximum requirement of the general type of use closest to the specific type of use proposed will be used.
8.
Gross estimates. To estimate gross automobile parking area, a factor of three hundred fifty (350) square feet per automobile parking space shall be applied.
F.
Parking Exception For Churches, Temples, Etc. Off-street parking facilities required for churches, temples, etc., may be reduced by fifty percent (50%) where churches are located in non-residential districts and within three hundred (300) feet of usable public or private off-street parking areas and further provided that an agreement filed on record with the County Recorder is provided reflecting that the use of such accessory parking facilities by the church, temple etc., will be permitted by the property owner.
G.
Parking For Multiple Use Buildings. The number of parking spaces required for land or buildings used for two (2) or more purposes shall be the sum of the requirements for the various uses computed in accordance with this Chapter. Parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use, except as provided in Subsection (F) above.
H.
Use Of Required Parking Spaces. Required off-street parking facilities provided for commercial and industrial uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition by patrons, occupants or employees of such uses and shall not be used for the storage of other vehicles, boats, motor homes, campers, mobile homes or material or for the parking of delivery trucks or tractor trailers used in conducting the business or use. In no case shall any required parking spaces devoted to the principal use of a lot be leased, rented or sold for the purpose of use by any other person, firm, company, corporation or use other than those located upon the property, except as provided for in this Code.
I.
Motor Vehicle Repair And Service. It shall be unlawful to utilize any required off-street parking or loading facilities for motor vehicle repair work or service of any kind, except as expressly permitted herein.
J.
Overnight Parking Of Motor Vehicles. "Overnight parking" shall mean any parking in excess of four (4) hours between the hours of 10:00 P.M. and 6:00 A.M. In residential zones, the overnight parking of motor vehicles shall be limited to passenger vehicles. The following are exempted from this regulation:
1.
School or church buses used for the transportation of personnel in conjunction with religious or school activities, if parked on school property or church property.
2.
One (1) commercial truck or van licensed as a passenger vehicle not in excess of eighteen thousand (18,000) pounds gross vehicle weight used by the occupant of the dwelling. Said vehicle shall be located (parked) on a Portland or asphalt concrete surface.
3.
Semi-tractors (without an attached trailer or any other attachment), dump trucks or similar commercial equipment licensed not in excess of twenty-four thousand (24,000) pounds gross vehicle weight and licensed to the owner or occupant of the property where parked. Said vehicle shall be located (parked) on a Portland or asphalt concrete surface.
4.
Trucks and vehicles licensed over twenty-four thousand (24,000) pounds shall not be parked in any residential district other than on a temporary basis unless such vehicles are parked entirely within a fully enclosed, lawfully located residential-type garage.
5.
Temporary overnight parking of emergency vehicles or public utility vehicles or equipment may be exempted after written application and written approval of the Chief of Police.
K.
Sidewalks And Streets. Required off-street parking spaces stipulated in this Chapter shall not overlap sidewalks or street right-of-way.
L.
Conduct Of Activity. No person, firm, corporation or partnership shall drive through, park or conduct any activity from a pickup truck rated more than one (1) ton, a van, a semi-tractor or commercial vehicle upon any street, highway or roadway within a residential area except for local deliveries. "Delivery" shall mean the active loading or unloading of the vehicle or part of the same and shall not exceed four (4) hours without the approval of the Chief of Police. The parking of such vehicles upon any private or public parking lot in any residential area is expressly prohibited without the permission of the property owner or agent for said property owner. The driver of any semi-tractor and trailer is hereby prohibited from allowing any motor or motors that are a part of the semi-tractor and trailer from running while parked in any residential area regardless of location. Any Law Enforcement Officer or the City Administrator or the Administrator's agent may cause the removal of any vehicle or part thereof from any residential area where found in violation of the requirements of this Chapter. Any expense incurred by said removal shall be at the expense of the driver, operator or owner of the towed unit.
M.
Parking Of Camping And Recreational Equipment. For the purposes of this regulation, camping and recreational equipment includes auxiliary trailers, motorized homes, pickup coaches, travel trailers, boats and other watercraft.
1.
No camping and recreational equipment shall be parked on any street, highway or other public place, with the exception of emergency or temporary stopping or parking for not longer than twelve (12) hours.
2.
Parking and storing of camping and recreational equipment on private residential property shall be permitted if the following conditions are met:
a.
At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes. No utility connections shall be permitted.
b.
The owner of camping and/or recreational equipment shall not park or store such equipment in such a manner as to create a dangerous or unsafe condition on the property.
c.
Camping and/or recreational equipment less than thirty (30) feet in length may be parked or stored in a front yard on an approved Portland cement or asphalt driveway. The equipment shall not be parked within the pubic right-of-way or over any sidewalk.
d.
Camping and/or recreational equipment may be stored in a side yard area. Parking of such equipment shall be permitted only on a Portland or asphalt concrete pad and shall not be closer than ten (10) feet to a side property line.
e.
No "derelict vehicles" or equipment no longer capable of the function intended shall be parked or stored out-of-doors on residential premises in an inoperative or unregistered condition.
f.
All recreational vehicles, equipment or trailers shall be parked behind all front building line(s), shall not extend past the front of any house into any front yard area and shall be on a paved parking or graveled surface. As noted in Section 365.090(B).
N.
Number Of Entrances And Exits. The City Engineer shall approve the location and width of the entrances and exits from every parking lot. The City Engineer shall permit one (1) entrance and one (1) exit or one (1) combined entrance and exit along any street. Additional access points may be permitted upon review and approval of appropriate engineering traffic analysis data from a traffic engineer. With property located at the intersection of a major and minor road, the access to the parking area shall be limited to the major road. In the instance of the intersection of two (2) major roads, access to the parking area may be from either road. Additional access points may be permitted if deemed necessary by the City Engineer for the alleviation of traffic movement along the related street(s), upon review and approval of appropriate engineering traffic analysis data from a traffic engineer.
O.
Shared Access Points/Cross Access Points. To minimize multiple points of access to public streets or traffic impact upon public streets and to provide interior traffic circulation, the City Engineer may approve the location of shared access points to the public road network and the location and width of cross access drives through commercially or industrially zoned properties as alternative points of access.
P.
Joint Use Of Off-Site Parking Facilities. All required off-street parking or loading spaces shall be provided on the same parcel of land occupied by the use or building to which it is appurtenant; provided however, that where there are, in the judgment of the City Engineer, practical difficulties in satisfying the requirement for parking space and/or if the public safety or convenience would be better served by another location, the City Engineer may authorize an alternate location for any portion of the required parking for a non-residential use which will adequately serve the pubic interest, subject to the following conditions:
1.
Required off-street parking facilities may be provided elsewhere than on the lot which the principal use served is located, provided that the property occupied as parking is in the same possession either by deed, by easement or by long-term lease which has a term equal to or exceeding the projected life of the facility occupied by the principal use and further provided that the owner shall be bound by covenants filed on record in the office of the County Recorder requiring the owners, heirs or assigns to maintain the required number of off-street parking spaces during the existence of such principal use.
2.
Pedestrian access shall be available within a walking distance of not more than three hundred (300) feet measured from the nearest point of public access to the building to the nearest part of the accessory parking area along the area to be traveled by pedestrians.
3.
Such separated parking space shall be usable without causing unreasonable traffic congestion, not be detrimental to any residential neighborhood or hazardous to pedestrians or to vehicular traffic.
4.
All off-site, off-street parking facilities shall only be located on property where such parking is permitted by applicable zoning regulations.
5.
Notwithstanding the parking requirements set out in this Chapter, the number of parking spaces may be reduced by up to twenty percent (20%), at the discretion of the City Engineer, if the developer demonstrates that the parking required is so located and designed such that shared parking within the proposed development meets minimum requirements of this Chapter. A reduction in required parking shall not be permitted in those instances where the City Engineer determines that there is a potential for changes in use, over the short term, creating a change in the basic mixture of uses upon which the justification for shared parking is based. Adequate data shall be provided upon the site development plan relating to the request.
6.
Up to fifty percent (50%) of the parking space required for uses such as theaters, entertainment facilities, bowling alleys, etc., may be provided and used jointly by another use that is not normally open, used or operated during the same hours. School and church parking lot may be used jointly up to one hundred percent (100%). Before any joint use of parking space is allowed, a written agreement properly executed and recorded must be submitted and accepted by the City Engineer.
Q.
Changes In Use. No off-street parking space required under this Chapter shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking.
R.
Additions To Structures, Buildings Or Uses. Where an addition is made to an existing structure, building or use which does not comply with the parking requirements cited for such structure, buildings or use, the parking requirements supplied for the addition shall include those spaces necessary to bring the structure, building or use as a whole into conformance with the requirements of this Code.
S.
Existing Parking. No parking area or parking space which exists at the time these regulations become effective or which subsequent thereto is provided for the purpose of complying with the provisions of this Code shall thereafter be relinquished or reduced in any manner below the requirements established by this Code.
T.
Maintenance Of Parking Facilities. Any person operating or owning a parking lot or facility shall keep it free, as may be practical, of dust, loose particles, trash, debris and broken glass and shall promptly remove the snow and ice from the surface of the parking lot. Such persons shall also keep all adjacent sidewalks free from dirt, ice, sleet and snow and shall keep the sidewalks in a safe condition for use by pedestrians. All sign, markers, striping or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Likewise any walls, landscaping, including trees and shrubbery, as well as surfacing and curbing of the parking lot, shall be maintained in good condition throughout its use for parking purposes and the Board of Aldermen shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair or rehabilitation is completed, including the replacement of any landscaping material which may die from time to time or the failure of the landscape irrigation or surface drainage system within the parking area.
U.
Modification Of Required Parking. The total amount of parking space required for a given lot or parcel may or may not be reduced by site plan review. In any development where a mixture of residential uses and office or retail uses are permitted, the combined total number of parking spaces required for such a combination of uses may be reduced by up to twenty percent (20%) where the same is justified to the satisfaction of the City Engineer by a parking analysis submitted by a competent traffic engineer or planner.
V.
Design Requirements.
1. A.C.C. AGGREGATE GEOTEXTILE FABRIC P.C.C.
Definitions. The following shall have associated definitions.
Asphaltic cement concrete.
Crushed limestone.
Woven or non-woven polypropylene fabric; six (6.0) ounces per square yard.
Portland cement concrete designed to attain a minimum compressive strength of four thousand (4,000) p.s.i. after twenty-eight (28) days of cure, maximum slump of three (3) inches.
2.
Minimum area for parking space. An off-street parking space shall be an all-weather hard surface (concrete or asphaltic concrete) area not in a street or alley right-of-way and having an area of not less than two hundred forty (240) square feet with a minimum width of ten (10) feet exclusive of driveway. This area is to be permanently reserved for the temporary use of a vehicle and connected to a street or alley.
3.
Parking surface and base.
a.
Commercial and industrial. All commercial and industrial zoned areas used for off-street standing, parking, loading or unloading, storage and maneuvering of vehicles, equipment or product inventory and materials including driveways and access points to public or private streets shall be constructed adequately for all-weather use and so drained as to avoid flow of water across sidewalks and adequately maintained to prevent dust, potholes, chipping and loose surface material. Approved construction materials shall include Portland cement concrete, asphaltic cement concrete, double coated chip seal surfacing, brick/stone pavers or other materials of equal quality as approved by the City Engineer.
(1)
Trash collection area pad. A separate pad shall be provided for trash collection areas within an enclosure and fronting the service access to the enclosure. The area for the trash dumpster shall be at least ten (10) feet wide by twelve (12) feet long.
b.
Residential. Property zoned "R-1" and "R-2", drive aisles shall be graded adequately for all-weather use and so drained as to control soil erosion and maintained to prevent dust and erosion.
Property zoned classes "R-3" and above, standards shall conform to the requirements of the Subdivision of Land Development Codes, Section 410.210. Approved construction materials shall include Portland cement concrete (with or without exposed aggregate finish), asphaltic cement concrete, brick/stone pavers or other materials of equal quality as approved by the City Engineer.
c.
Exceptions.
(1)
Residential. Existing residential gravel driveways legally installed and properly maintained may continue to exist.
(2)
Commercial. Existing gravel parking lots legally installed and properly maintained may continue to be used until such time as change in occupancy or ownership occurs in accordance with the provisions of this Code. At such time of change in occupancy or ownership, the existing aggregate parking area shall be improved to the standard pavement listed above for commercial/industrial off-street parking areas. Credit shall be given for the thickness of the existing aggregate. The thickness of the existing aggregate shall be determined by a minimum of four (4) augured holes. The average depth of the aggregate so determined shall be subtracted from the required aggregate base depth for the applicable pavement. Aggregate lots may remain if building modifications are only cosmetic or are required by safety or health codes.
4.
Access to parking areas. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of access to a street or public service drive. All commercial and industrial zoned off-street parking spaces necessitating backing into a public road are prohibited. Off-street parking spaces necessitating backing into a public road upon residential collector streets are prohibited and shall be designed to utilize rear entry or side entry garages.
5.
Access near street corners. No entrance or exit for any commercial or industrial off-street parking area with over four (4) parking spaces, nor any loading berth, shall be located within one hundred fifty (150) feet of the intersection of any two (2) street right-of-way lines. Residential driveways located on corner lots shall be placed adjacent to the interior or side property lines most distant from the street corner.
6.
Drainage, maintenance and use. Off-street parking and load facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. The manner of site drainage proposed shall be subject to review and approval by the City Engineer. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles, equipment, material or supplies.
7.
Entrances and exits. All commercial and industrial driveways, entrances and exits shall be landscaped, curbed and approved barriers shall be provided along boundaries to control entrance and exit of vehicles or pedestrians. All driveways, entrances and exits shall be paved with an all-weather surface of concrete or asphaltic concrete.
8.
Lighting. The location of light standards shall be as recommended by the Planning and Zoning Commission and approved by the Board of Aldermen on a site development plan. Any building-mounted and pole lighting fixtures used to illuminate any off-street parking area shall be so arranged and shielded to reflect the light away from any adjoining residential lot, institutional premise or adjacent streets. All lighting fixtures shall be uniform within a development and shall be metal halide or a high- or low-pressure sodium type.
9.
Location of parking. Unless otherwise provided by specific provisions of this Chapter, required non-detached single-family residential parking spaces may be located in a front yard, side yard or rear yard area, provided that a ten (10) foot setback be maintained from any property line under separate ownership. However, in no instance shall a parking lot be located in a required transition strip.
Exception. Where the proposed parking area will be located adjacent to a similarly zoned property and where internal access will be provided between the two (2) properties through the recording of appropriate cross-access easements, a minimum of a ten (10) foot transition strip is required.
10.
Striping required. Open parking spaces for multi-family dwellings (containing three (3) or more dwelling units) and non-residential uses shall be delineated by pavement striping, curbs or other means installed and maintained to indicate individual parking spaces and must meet minimal parking stall sizes as described in Subsection (11) below.
11.
Minimum parking space dimensions. Parking stall dimensions and design of parking facilities will be constructed to meet all requirements as defined in the International Zoning Codes, with the exception that no more than ten percent (10%) of the spaces required be designed as compact.
12.
Long vehicle parking. Off-street parking lots designed for parking vehicles longer than nineteen (19) feet, bumper to bumper, shall have parking space of a minimum of ten (10) feet wide and at least two (2) feet longer than the vehicle using the parking space and maneuvering space of such size and dimensions as will accommodate the parking and maneuvering of such vehicles. Vertical clearance of not less than fourteen and one-half (14½) feet is required for all long vehicles parking spaces.
Section 400.281 Off-Street Parking Spaces Required.
[Ord. No. 574 §1, 12-1-2003]
A.
Off-Street Parking — Minimum Number Of Spaces Required.
1.
Public and community service activities.
a.
Day or child care centers — public or otherwise. One (1) parking space for every ten (10) seats in the main assembly room or two (2) parking spaces for every classroom, whichever is greater; plus one (1) parking space for each employee on the maximum work shifts; plus sufficient spaces to provide safe and convenient off-street pickup and discharge of children from autos and buses as determined by the City Engineer.
b.
Schools — public or private. One (1) parking space for each member of the faculty and each employee and at least six (6) visitor parking spaces. Any school that has students that drive shall provide sufficient parking space for the number of students that are eligible to drive.
c.
Community centers or places of assembly. One (1) parking space for each three (3) seats in the auditorium or general assembly room; plus one (1) additional parking space for each staff member and employee on the maximum work shift.
d.
Private club. One (1) parking space for each two hundred (200) square feet of floor space; plus one (1) parking space for each employee on the maximum work shift.
e.
Public library, museum or art gallery. Ten (10) parking spaces per building plus one (1) additional space for each three hundred (300) square feet of floor area; plus one (1) for each employee or staff member on maximum work shift.
B.
Residential And Lodging Uses.
1.
Dwellings.
a.
One-family. Two (2) parking spaces.
b.
Two-family. Two (2) parking spaces per dwelling unit. Also additional space for guest parking is required if flow of traffic on the street may be disrupted.
c.
Multi-family. Two and one-half (2½) parking spaces per dwelling unit.
d.
Mobile home, manufactured home and modular home. Two (2) parking spaces per dwelling unit.
e.
City authorized emergency dwelling. Two (2) parking spaces per dwelling unit.
2.
Dormitories or group homes. One (1) parking space for every two (2) beds plus one (1) parking space for every one hundred (100) square feet of floor area.
3.
Motel/hotel. One (1) parking space per guest room plus one (1) parking space per every two (2) employees on maximum work shift plus additional spaces as required herein for affiliated uses (i.e., restaurants, banquet rooms, etc.).
4.
Rooming or board house. One (1) parking space for each guest room, but no less than two (2) total parking spaces.
5.
Housing designed especially for and occupied by senior citizens and/or disabled persons. Two (2) parking spaces for each three (3) dwelling units and one (1) guest parking space for each four (4) dwelling units.
C.
Commercial Uses.
1.
Indoor retail uses. Six (6) parking spaces for each one thousand (1,000) square feet of floor area except as otherwise provided herein.
2.
Personal service uses. Five (5) parking spaces per one thousand (1,000) square feet of floor area except as otherwise provided herein.
3.
General offices. Five (5) parking spaces per one thousand (1,000) square feet of floor area except as otherwise provided herein.
4.
Banks, financial institutions. Five (5) parking spaces per one thousand (1,000) square feet of floor area plus one (1) parking space for each walk-up automatic teller unit. In addition, where the use includes drive-up banking services, at least five (5) stacking spaces shall be provided for each drive-up window, automatic teller drive-up unit or drive-up delivery system.
5.
Automobile, truck, recreational vehicle, and equipment sale and service facilities. One (1) parking space per three thousand (3,000) square of open sales lot area devoted to the sale, display or rental of said vehicles or equipment; or two (2) parking spaces for every one thousand (1,000) square feet of interior show room, whichever is greater; plus three (3) parking spaces for each service bay in garage repair areas, as well as one (1) parking space for every two (2) employees on the maximum shift.
6.
Automobile service station. One (1) parking space for each fuel dispenser nozzle plus three (3) parking spaces for each service bay, wash rack or similar facility plus one (1) parking space for each vehicle used directly in conduct of the business or stored on the premises, as well as one (1) parking space for each employee on the maximum work shift.
7.
Automobile, truck, recreational vehicle quick repair facility. Three (3) parking spaces for each service bay or similar facility plus one (1) parking space for each vehicle used directly in conduct of the business or stored on the premises, as well as one (1) parking space for every two (2) employees on the maximum work shift.
8.
Car wash — mechanical. Ten (10) customer parking spaces plus stacking area of five (5) times the capacity of the car wash.
9.
Car wash — full-service. Five (5) stacking spaces for each washing stall or wash rack plus one (1) parking space for each employee on the maximum work shift.
10.
Car wash — self-service. Two (2) stacking spaces for each car washing stall and two (2) drying spaces for each car washing stall.
11.
Clubs and lodges. One (1) parking space per two hundred (200) square feet of floor space or parking spaces equivalent to the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc., whichever is greater.
12.
Funeral homes, mortuaries. One (1) space for every four (4) seats in the auditorium or chapel with a minimum of thirty (30) parking spaces being provided.
13.
General contracting services. Four (4) parking spaces for every one thousand (1,000) square feet of floor area plus two (2) parking spaces for every three (3) employees on the maximum work shift plus one (1) parking space for every vehicle customarily used in operation of the use or stored upon the property.
14.
General service and repair where work is performed away from the premises. One (1) parking space for each employee on the maximum work shift plus two (2) customer parking spaces.
15.
Medical offices. One (1) parking space for each one hundred fifty (150) square feet of floor area.
16.
Medical/dental clinic. One (1) parking space for each one hundred fifty (150) square feet of floor area plus two (2) parking spaces for each employee on maximum work shift.
17.
Retail food stores over two thousand (2,000) square feet. One (1) parking space for each one hundred (100) square feet on net leasable floor space.
18.
Research facilities and laboratories. Four (4) parking spaces for every one thousand (1,000) square feet of floor area up to fifty thousand (50,000) square feet plus two (2) parking spaces for every one thousand (1,000) square feet of floor area over fifty thousand (50,000) square feet.
19.
Restaurants, bars, taverns without drive-through or carry-out facilities. Sixteen (16) parking spaces per one thousand (1,000) square feet of seating area plus two (2) parking spaces for every three (3) employees on the maximum work shift.
20.
Restaurants, bars, taverns with drive-through or carry-out facilities. Sixteen (16) parking spaces for every one thousand (1,000) square feet of seating area plus two (2) parking spaces for every three (3) employees on the maximum work shift. There shall be ten (10) stacking spaces for each drive-in window or delivery system.
21.
Restaurants — drive-in. One (1) parking space per seventy-five (75) square feet of floor area (twenty-five (25) parking spaces minimum) plus one (1) parking space for every two (2) employees on maximum work shift.
22.
Vehicle storage lots. Two (2) parking spaces for every three (3) employees on the maximum work shift plus one (1) parking space for each vehicle customarily used in the conduct of the business or stored upon the premises.
23.
Veterinary clinics, animal hospitals and kennels. Four (4) parking spaces for every doctor plus one (1) parking space for each additional employee.
24.
Retail store, personal service establishment or any other commercial use not otherwise provided for herein. One (1) parking space for each one hundred (100) square feet of net leasable floor area.
D.
Industrial And Transportation Related Uses.
1.
Manufacturing plants. One (1) parking space for each employee on the maximum work shift plus one (1) parking space for each vehicle utilized in the operation and stored on the property and ten (10) customer parking spaces.
2.
Storage warehouses/distribution center or similar use. One (1) parking space for each employee on the maximum work shift plus one (1) parking space for each vehicle utilized in the operation and stored on the property plus two (2) customer parking spaces.
3.
Terminal (air, bus, railroad, truck and heliport). One (1) parking space for every two hundred (200) square feet of lobby area plus one (1) parking space for each employee on the maximum work shift plus one (1) space for every vehicle used in the operation of the use or stored on the premises.
4.
Storage or extraction of raw materials. Two (2) parking spaces for every three (3) employees on the maximum work shift plus one (1) parking space for every vehicle used in the operation of the use or stored on the premises.
E.
Cultural And Recreational Uses.
1.
Amusement parks. One (1) square foot of parking for each square foot of public activity area.
2.
Amusement, recreation or exhibition hall without fixed seats. One (1) parking space per fifty (50) square feet of gross floor area (twenty-five (25) parking spaces minimum) plus additional parking for accessory uses as required herein.
3.
Athletic fields, baseball, soccer and football. Thirty (30) parking spaces for every diamond or athletic field or one (1) parking space for every eight (8) seats, whichever is greater. (One (1) seat is equal to two (2) feet of bench length.)
4.
Auditoriums, gymnasium, stadium, arena, convention hall, community center, theaters, meeting rooms and halls, and places for public assembly (except as noted herein). One (1) parking space for every three (3) seats or one (1) parking space for every fifty (50) square feet gross floor area when there is no fixed seating plus one (1) parking space for each employee on the maximum work shift.
5.
Bowling alley. Six (6) parking spaces for each alley. If food and/or drink are served as part of or in conjunction with a bowling alley, additional parking spaces shall be provided as herein required.
6.
Camping. One (1) parking space for each campsite.
7.
Dance, martial arts and similar facilities. One (1) parking space per student for maximum class size plus one (1) parking space for each employee or instructor on the maximum work shift.
8.
Fairgrounds. Sufficient open lands convertible to parking such that no vehicle need be parked on any public street.
9.
Golf course. One (1) parking space per five (5) members or five (5) parking spaces per hole if open to the public.
10.
Golf course — miniature. Two (2) parking spaces per hole plus one (1) parking space for every two (2) employees on the maximum work shift.
11.
Golf driving range. One (1) parking space for every tee plus one (1) parking space for every two (2) employees on the maximum work shift.
12.
Handball, racquetball courts. Two (2) parking spaces for every court plus one (1) parking space for ever two (2) employees on the maximum work shift.
13.
Health, fitness, spa, resort type facility. One (1) parking space for each three (3) members or patrons based on the occupancy load established by the local fire, building and/or health codes, whichever is greater, plus one (1) parking space for each employee on the maximum work shift.
14.
Ice and roller rinks. One (1) parking space for every one hundred (100) square feet of skating area or playing surface with a minimum of fifty (50) parking spaces for each playing field plus one (1) parking space for every two (2) employees on the maximum work shift.
15.
Indoor soccer. Fifty (50) parking spaces for every playing field plus one (1) parking space for every three (3) seats of spectator seating plus two (2) parking spaces for every three (3) employees on the maximum work shift.
16.
Parks, playgrounds, picnic grounds. Parking space equivalent to one percent (1%) of the total land area available for use. Parking area available along park roads or private drives internal to the use may be used to fulfill this requirement.
17.
Racetracks. One (1) parking space for every four (4) seats plus one (1) parking space for every two (2) employees on the maximum work shift.
18.
Retreats, having dormitories. One (1) parking space for every two (2) dormitory dwelling units plus two (2) parking spaces for every three (3) employees on the maximum work shift plus one (1) parking space for every vehicle customarily used in operation of the use or stored on the premises.
19.
Outdoor swimming pools. One (1) parking space for every one hundred (100) square feet of water area plus one (1) parking space for every employee on the maximum work shift subject to site plan approval.
20.
Tennis, racquetball, basketball, etc., outdoor courts or facilities.
F.
Institutional Uses.
1.
Churches, temples, etc. One (1) parking space for every three (3) seats; plus one (1) parking space for each vehicle customarily used in operation of the use or stored on the premises; plus one (1) parking space for each employee on the maximum work shift.
2.
Cemeteries. Two (2) parking spaces for every three (3) employees on the maximum work shift plus one (1) parking space for each vehicle customarily used in operation of the use or stored on the premises plus one (1) parking space for every four (4) seats in an auditorium or chapel.
3.
Fire or ambulance stations. One (1) parking space for every employee on the maximum work shift plus two (2) parking spaces for visitors.
4.
Group homes. Two (2) parking spaces for every three (3) beds plus one (1) parking space for every two (2) employees on the maximum shift.
5.
Hospital. Two (2) parking spaces for every one (1) bed plus one (1) parking space for each staff doctor and employee on the maximum work shift.
6.
Libraries museums, art galleries, reading rooms. Five (5) parking spaces for every one thousand (1,000) square feet of gross floor area plus one (1) parking space for every three (3) seats in an accessory auditorium plus two (2) parking spaces for every three (3) employees on the maximum work shift.
7.
Nursing homes. One (1) parking space for every five (5) beds plus one (1) parking space for each self-care unit plus one (1) parking space for every two (2) employees on the maximum work shift.
8.
Police stations. One (1) parking space for each employee on the maximum work shift plus one (1) parking space for every vehicle customarily used in operation of the use or stored on the premises plus one (1) visitor parking space per one thousand (1,000) square feet floor area.
9.
Postal stations. Six (6) parking spaces for every customer service window plus two (2) parking spaces for every three (3) employees on the maximum work shift plus one (1) parking space for every vehicle customarily used in operation of the use or stored on the premises.
10.
Schools, public and private, all grades and vocational. One (1) parking space for each faculty and staff member plus one (1) parking space for every three (3) students over sixteen (16) years of age plus one (1) parking space for every vehicle or bus customarily used in operation of the use or stored on the premises or stored at the facility plus at least six (6) visitor designated parking spaces.
Section 400.282 Disabled Parking Regulations.
[Ord. No. 574 §1, 12-1-2003]
A.
Commercial And Industrial Uses. All Commercial ("C") and Industrial ("M") District uses and any other uses that may require handicapped designated parking spaces shall provide those parking spaces as required by the American with Disabilities Act and this Code.
B.
ADA Requirements. All spaces for handicapped parking shall be built and marked according to requirements of the Americans with Disabilities Act and this Code.
C.
Number Of Spaces Required. Disabled parking spaces shall be provided in accordance with the following table:
1.
Total Number of Parking Spaces Required | Minimum Number of Disabled Spaces Required |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 or more | 5 plus one percent (1%) of the total number of parking spaces |
2.
One (1) of every eight (8) disabled parking spaces shall be van accessible. Parking areas of less than eight (8) handicapped parking spaces shall have a minimum of one (1) van accessible disabled parking space.
D.
Design Requirements. The parking spaces for the disabled shall meet the following requirements:
1.
Parking spaces designated for physically disabled persons shall be at least ten (10) feet wide with a five (5) foot access aisle immediately adjacent thereto. Two (2) disabled parking spaces may share a common access aisle.
2.
Van accessible disabled parking spaces shall be at least ten (10) feet wide with an eight (8) foot access aisle immediately adjacent thereto. Two (2) disabled van parking spaces may share a common access aisle.
3.
Parking spaces designated for physically disabled persons shall be located on the shortest possible accessible circulation route to an accessible entrance of the building. In separate parking structures or lots which do not serve a particular building, parking spaces for physically disabled persons shall be located on the shortest possible pedestrian route to an accessible pedestrian entrance of the parking facility.
4.
Each parking space designated for physically disabled persons shall be provided with a sign freestanding or attached to a building, bearing the international symbol of accessibility in white on a blue background. In addition, such freestanding sign must read "$50 to $300 Fine" pursuant to H.B. 389 enacted by the State of Missouri. Non-conforming sign in use prior to August 28, 1997, may be used during the useful life of the sign so long as it is maintained in an appropriate manner as determined by the Chief of Police or his designate.
5.
A parking area used for dead storage of new or used motor-driven vehicles held by a licensed franchise dealer, agent or manufacturer is exempt from this Section.
Section 400.283 Off-Street Loading Regulations.
[Ord. No. 574 §1, 12-1-2003]
A.
Off-street loading and unloading spaces shall be provided in all districts as provided in this Section.
1.
Agricultural district. Agricultural district uses are not required to provide off-street loading and unloading spaces unless the lack of these spaces causes traffic congestion and obstruction. The City Engineer shall have the authority to require uses in the agricultural districts to provide off-street loading and unloading spaces.
2.
Non-agricultural districts. All uses in residential, commercial and industrial districts shall be required to provide off-street loading and unloading spaces. The amount of spaces will be determined by the requirements of this Section. In all cases the City Engineer shall have the authority to require that sufficient space be provided so that there is smooth transition of products to and from the businesses and little or no congestion of traffic occurs.
3.
Multiple use. Where a building is used for more than one (1) use, each use shall provide for its own loading and unloading space. If in the same building more than one (1) use can jointly use the same space if it can be shown that no congestion will occur and there is a written agreement between the parties sharing the building to utilize the same loading and unloading space.
4.
Offices and personal or community service establishments. One (1) loading space shall be provided for each such use, including schools, medical or dental clinics, auditoriums or clubs, etc., having greater than six thousand (6,000) square feet of gross floor space.
5.
Industrial or commercial uses. Every building or use of land consisting of over three thousand (3,000) square feet of gross floor area designed or adaptable for retail business purposes or warehouse, wholesale or manufacturing use shall be provided with loading space as follows:
Less than 15,000 square feet | 1 loading space |
15,000 to 49,999 square feet | 2 loading spaces |
50,000 to 100,000 square feet | 3 loading spaces |
Each additional 100,000 square feet | 1 additional loading space |
6.
Design criteria. Each standing, loading or unloading space shall be not less than ten (10) feet in width or less than forty (40) feet in length and shall have a height clear of obstructions for fourteen and one-half (14½) feet. Loading spaces shall be surfaced with Portland or asphaltic concrete and designed to allow access to loading docks.
Section 400.285 Accessory Buildings, Structures and Uses.
[Ord. No. 557 §1, 8-4-2003; Ord. No. 655 §§1 — 3, 12-5-2005]
A.
General Criteria. An accessory structure or use is a structure, building or use that meets all the following criteria:
1.
It is subordinate to and serves a principal building or a principal use;
2.
It is subordinate in area, extent or purpose to the principal building or principal use served;
3.
It contributes to the comfort, convenience or necessity of occupants, business or industry located in the principal building or the principal use served; and
4.
It is located on the same lot as the principal building or principal use served.
B.
Construction, Alterations And Additions. All permitted accessory structures shall comply with the following provisions and requirements:
1.
No accessory building or structure shall be constructed or occupied prior to the completion of the construction of the principal building to which it is accessory, except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be considered as part of the principal or main building and made a structural part thereof and shall conform to all regulations applicable to said principal building. Detached accessory buildings must conform to all provisions of this Code including issuance of a building permit.
2.
The minimum distance of an accessory building or structure from any side yard or rear property line shall be ten (10) feet. No accessory building or structure is permitted within the required minimum front yard setback area.
3.
No principal building or structure or accessory building or structure shall be located within or partially within a designated utility easement.
4.
An attached garage or carport shall conform with all building and other regulations applicable to the residential structure.
5.
A detached garage or carport located within ten (10) feet or less of a principal building shall be considered a part of the principal building when evaluating conformance with required minimum yard setback requirements.
6.
Unless otherwise provided for in these regulations, all private garages, storage buildings and structures and ancillary structures shall comply with setback requirements applicable to the zoning district in which such building or structure is located.
7.
Private garages or carports. Accessory buildings that are not a part of the main building although connected by an open breezeway more than ten (10) feet in length and in conformance with these regulations may be built on a required rear yard.
8.
The height of a private garage or carport, storage garage or structure or ancillary structure shall not exceed the maximum height of the existing building.
9.
A private garage or carport, storage garage or structure or ancillary structure including detached accessory buildings shall not exceed seventy-five percent (75%) of the floor space of the principal living area of the original structure as determined and/or measured from the outside parameter or footprint of the said living area. Additional stories or finished areas above grade will be included when calculating the allowable square footage for accessory buildings. Requests for deviations from this regulation will require a conditional use permit.
C.
Use Limitations. All accessory structures shall comply with the use limitations applicable in the zoning district in which they are located and with the following additional use limitations:
1.
No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory and no accessory building shall be used for dwelling purposes.
2.
No accessory structure or use shall be permitted in any required front yard setback area in any residential district.
3.
Accessory structures and uses shall maintain the same setback requirements as are required for the principal structure located on the zoning lot, except:
4.
Accessory garages may be allowed in front of a residential building by conditional use permit if such garage does not extend in whole or in part into any required minimum front yard setback.
5.
There shall no be more than two (2) detached accessory buildings on a lot.
D.
Uses Typically Permitted As Accessory. A typical permitted accessory use that complies with the established definition and provisions of this Code include, but are not limited to, the following uses:
1.
In residential zoning districts, permitted accessory buildings or structures shall include, but not be limited to, the following: residential greenhouses, residential swimming pools and hot tubs, private garages and carports (attached or unattached), storage sheds, fences and privacy screens, private tennis courts, fireplace, sheds and similar uses.
2.
In residential zoning districts, permitted accessory uses shall include home occupations (conditional use permit required), vegetable and flower gardens, the raising and keeping of small animals and fowl not on a commercial basis.
4.
Private or public parking of motor vehicles in any non-residential zoning district, subject to the provisions of Chapter 400, Zoning Regulations.
5.
Private parking or storage of recreational equipment or commercial vehicles, not exceeding six and one-half (6½) feet in height or twenty (20) feet in length, in any residential zoning district provided such parking or storage takes place in a garage or carport in a manner that screens the vehicle or equipment from view at normal eye level from any street or private property, further provided, that any such parking or storage does not encroach upon the required off-street parking.
6.
Parking of commercial vehicles during the actual performance of a service at the premises on which it is located.
7.
A private park or recreational facility including below grade swimming pools, bathhouses and/ or private tennis courts provided such facilities are set back at least fifteen (15) feet from any lot line and screened from adjacent residential property with a fence or dense planting at least four (4) and not more than eight (8) feet in height.
8.
Fences in accordance with the provisions of Chapter 405, Sign and Fence Regulations of this Code.
10.
Decks. In no case shall an open and unenclosed addition be closer than fifteen (15) feet to the rear property line. A conditional use permit is required to enclose such a deck or to install a roof or awning over such a deck.
11.
Detached accessory buildings and structures.
a.
Height. In any district, a detached accessory building or structure shall not exceed the height of the primary building. A detached accessory building or structure for storage incidental to a permitted use shall not exceed twelve (12) feet in height without a conditional use permit.
b.
Yard and area requirements. No accessory building or structures shall be erected in any required front or side yard. No detached building or structure may be erected closer than ten (10) feet to the rear or side lot line. In no case shall any accessory building or structure be located in a required transition strip or a recorded easement area.
c.
Building bulk regulations. No structure, detached accessory building or combination of structure and detached accessory buildings shall be larger than forty percent (40%) of the allowable building area. Detached accessory buildings are only allowed on the side yard and back yard areas. Location of buildings or structures on a lot must meet all setback requirements.
Example #1: An eight thousand (8,000) square foot building area with a two thousand five hundred (2,500) square foot home above grade: | ||
8,000 X .40 = 3,200 | maximum allowable building area. | |
2,500 X .75 = 1,875 | maximum allowable square footage per detached accessory building. | |
2,500 + 1,875 = 4,375 | Total exceeds 3,200 maximum allowable building area and therefore would not be allowed. | |
Example #2: One (1) acre (forty-three thousand five hundred sixty (43,560) square foot) building area with a two thousand five hundred (2,500) square foot home above grade: | ||
43,560 X .40 = 17,424 | maximum allowable building area. | |
2,500 X .75 =1,875 | maximum allowable square footage per detached accessory building. | |
2,500 + 1,875 + 1,875 = 6250 | This example is much less than the 17,424 maximum allowable square footage building area and would support a 2,500 square foot home and two (2) maximum size detached accessory buildings. | |
Requests for deviations from this regulation will require a conditional use permit. | ||
d.
Corner lots. On corner lots all street frontages are considered front yard areas. The street address shall be considered the front of the building and the front yard shall be between the front of the building and the street. Side yards and the rear yard shall be determined accordingly.
12.
Satellite dish antennas.
a.
Satellite dish antennas eighteen (18) inches or less is an allowed accessory use in all zoning districts.
b.
Satellite dish antennas greater in size than the standard eighteen (18) inch dish require a conditional use permit and must be in conformance with the following regulations within all zoning districts:
(1)
General.
(a)
No satellite dish antenna shall be constructed in any front or side yard but shall be constructed to the rear of the residence or main structure. In the case of a corner lot, the antenna shall be placed along the common side lot line, rather than the side street lot line, and shall be so placed to maximize screening from the side street.
(b)
No satellite dish antenna, including its concrete base slab or other substructure, shall be constructed less than fifteen (15) feet from any property line.
(c)
All structural supports shall be of galvanized metal.
(d)
Wiring between the satellite dish antenna and a receiver/transmitter shall be buried.
(e)
All satellite dish antennas shall be designed to withstand a wind force of eighty-five (85) miles per hour without the use of supporting guy wires.
(f)
Any driving motors shall be limited to one hundred ten (110) volts maximum poser design and be encased in protective guards.
(g)
All satellite antennas shall be bonded to a grounding rod.
(h)
Antenna dishes and screening shall be removed at the owner's expense upon termination or revocation of the required antenna conditional use permit.
(i)
Maximum heights and diameters according to the zoning district are as follows:
District | Maximum Diameter | Maximum Height above Ground Level |
|---|---|---|
Residential Districts | 7 feet | 11 feet |
Commercial Districts | 11 feet | 13 feet* |
Planned Districts | Based on use, residential or commercial | |
* When placed on the roof of a structure, the maximum height shall be measured from the base of the roof mount. |
(2)
Residential district regulations.
(a)
A maximum of one (1) satellite dish antenna shall be permitted per lot, located in a rear yard and shall be permitted for the private, non-commercial use of that property owner only and shall not be attached to stations on any other lot.
(b)
The highest portion of a satellite dish antenna may not exceed a grade height of eleven (11) feet above the ground.
(c)
In "R-4", "R-5", "R-6" and the Mobile Home Park Districts, one (1) master satellite dish antenna may be permitted to service the entire development at the discretion of the Board of Aldermen.
(3)
Commercial and industrial district regulations. Roof-mounting of satellite dish antennas shall be permitted upon commercial and industrial buildings within the "C-1", "C-2", "C-3", "M-1", "M-2" and "M-3" Districts, provided that the antenna is placed in such a fashion as to not be visible from surrounding properties or the public street. In addition:
(a)
No satellite dish antennas shall be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.
(b)
The satellite dish antenna shall be designed to withstand a wind force of eightyfive (85) miles per hour.
(c)
More than one (1) satellite dish antenna may be permitted per commercial or industrial lot in the "C-1", "C-2", "C-3", "M-1", "M-2" and "M-3" Districts.
(4)
Permit required. No person, firm or corporation shall erect a satellite dish antenna, or cause the same to be undertaken, without first securing the appropriate permit from the Building Official or his/her authorized representative. An application for such a permit shall be filed, prior to commencement of any work, for the Building Official's review and approval and shall include:
(a)
A site plan showing the adjacent properties, antenna location including distances from the main structure of the lot and adjoining property lines and proposed screening features.
(b)
A drawing or picture of the antenna with all pertinent dimensions.
(c)
A drawing of the method of installation, including footings and base supports.
(5)
Code compliance. In addition to the aforementioned construction performance standards outlined, construction and installation of the satellite dish antenna shall conform to all requirements of the City's adopted Building and Electrical Codes.
13.
Home occupations.
a.
Permit required. No person shall conduct a home occupation without first securing a conditional use permit in accordance with this Code. An application for such a permit shall be filed prior to initiating a home occupation in conformance with the following:
b.
Required criteria.
(1)
Said occupation must occur in the home of the applicant (accounting, preparation of mailings, receipt of business mail, telephone answering service or taking of orders for goods/services).
(2)
Applicant must be a resident of the City at the time of application.
(3)
Applicant must fill out an application for home occupation and submit to City Clerk. Upon receipt of a complete application, the City Clerk will place the home occupation request on the next regularly scheduled Planning Zoning Commission meeting agenda. If the occupation is favorably approved or approved with conditions, the City Clerk can issue the appropriate business license.
(4)
The applicant is required to send a certified letter to all adjoining property owners and to any applicable homeowners' association for the purpose of informing them of their intent to conduct a home occupation prior to the filing of the application with the City Clerk. Adjoining properties shall include all properties abutting the subject property on the side and rear and properties across any roadways abutting the subject property. A copy of the letter and the names and addresses of the persons sent the above required letter should be included in the application packet.
c.
Regulations.
(1)
Only one (1) home occupation shall be permitted per residence.
(2)
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises or vibrations.
(3)
Such occupations shall be conducted entirely within the residence and carried on by not more than two (2) individuals (not necessarily related) one (1) of whom is the principal occupant.
(4)
The home occupation is clearly incidental and secondary to the principal use of the residence.
(5)
A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
(6)
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(7)
The conduct of any home occupation including, but not limited to, the storage of goods and equipment shall not reduce or render unusable areas provided for the required off-street parking.
(8)
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited.
(9)
A minimum of two (2) off-street parking spaces shall be provided on the premises for said occupation.
(10)
No commercial vehicle as defined by this Code shall be used in connection with a home occupation or parked on the property.
(11)
No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electric) so that the combined use for the residence and the occupation exceeds the average for residences in the City by more than fifty percent (50%).
(12)
No home occupation shall be conducted in any accessory building (garage or shed) except as approved by obtaining a conditional use permit.
(13)
One (1) name sign may be affixed on the wall of the building containing the principal living area, provided that such sign is not more than one (1) square foot in area, does not contain any flashing, moving or intermittent illumination and meets other requirements of the City's sign ordinance.
(14)
The Planning and Zoning Commission may require fencing around the yard if a home occupation permit for a day care home is deemed appropriate at the time of initial review of the home occupation or at any time the home occupation is reviewed.
(15)
Garage sales shall be considered a home occupation when more than one (1) sale is held in a six (6) month period at a given residence by the owner or occupant of the property.
d.
Examples of uses that frequently qualify as home occupations. The following are typical examples of use that often can be conducted within the limits of the criteria established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named in this paragraph nor does this listing of a use in this paragraph automatically qualify it as a home occupation: accountant, architect, artist, attorney, individual tutoring, insurance, one (1) chair barbershop, two (2) chair beauty shop.
e.
Uses that are prohibited as home occupations. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified below shall not be permitted as home occupations: auto repair (other than minor), carpentry work, painting of vehicles or large household appliances, furniture stripping and similar uses, private investigation, firearms and/or ammunition sales or services or massage services/establishments.
f.
Non-compliance of home occupation permit. Any applicant not complying with the restrictions and criteria specified shall be subject to the penalties as provided for in this Code.
g.
Reapproval of and annual certification of home occupations. Home occupations shall be subject to review and reapproval annually by the Planning and Zoning Commission and Board of Aldermen when deemed necessary by the City Clerk. If the City Clerk determines the home occupation is operating within the conditions imposed by these regulations and the Planning and Zoning Commission, the City Clerk may renew the home occupation permit. If at any time the City Clerk determines a change in the operations or impact on the neighborhood of the home occupation has taken place, the City Clerk shall notify the Planning and Zoning Commission and the Board of Aldermen of such conditions and request a reconsideration of the conditional use permit. If the Board of Aldermen approves the City Clerk's request, the Clerk shall schedule a public hearing and notify the holder of the conditional use permit. At the time of reconsideration, the home occupation may be rescinded or reapproved. If reapproved, additional contingencies may be added or otherwise changed by the Planning and Zoning Commission or Board of Aldermen.
E.
Uses Specifically Prohibited As Accessory. It shall be unlawful for any person, firm or corporation to occupy or use any land, building or part thereof for any accessory use that is specifically prohibited herein.
1. COMMERCIAL VEHICLE MINOR REPAIRS SUBSTANTIAL REPAIRS
Definitions. The following terms shall have these prescribed meanings:
Repairs such as changing oil, spark plugs, tires or air/oil filters, adjusting brakes, replacing carburetors, repairing or switching tires, replacing the alternator and repairs of a similar minor nature.
All repairs other than minor repairs.
2.
The following are specifically prohibited as accessory uses.
a.
Repair or service of any motor vehicle in any residential zoning district unless the activities are confined within a completely enclosed building or unless the repairs are limited to those defined herein as minor motor vehicle repairs and are fully completed within a continuous period of twenty-four (24) hours or less, provided that all such repairs shall be limited to the vehicles of the resident or residents living within the principal building.
b.
No person shall make substantial repairs to any vehicle or dismantle any vehicle upon a public street or upon private property in any residentially zoned district unless said repairs or dismantling is conducted within an enclosed areas, the interior of which cannot be viewed from any surrounding residential property.
c.
Any repairs or dismantling as authorized in Subsection (b) above shall only be lawful if the owner of or person controlling the residential property is performing said repairs and/or dismantling a vehicle owned by a member of the household.
d.
Nothing herein shall prohibit minor repairs be performed on a vehicle owned by a member of the household. Such minor repairs can be conducted in an enclosed area and if performed outside must be completed within a continuous six (6) hour period.
e.
The repair of a vehicle under this Section shall not create a nuisance by excessive noise, early or late work or debris accumulation.
f.
Outdoor storage except by conditional use permit.
g.
Storage of mobile homes.
h.
The use of recreational equipment or vehicles for living, sleeping or housekeeping purposes.
i.
Outdoor storage of major recreational equipment in residential zoning districts.
j.
Overnight outdoor parking of commercial vehicles in residential zoning districts.
k.
Any outdoor parking or storage of vehicles, except as specifically permitted by the regulations of Chapter 400 of this Code.
l.
No automobiles, commercial trucks, truck trailers or vehicles of any type shall be used for any storage purpose nor shall same be placed on skids, jacks or any other device that will make them immobile or inoperable without a conditional use permit, except for emergency repairs or as may be permitted by the Building Inspector for uses ancillary to construction.
m.
Motor vehicles in residential zoning districts may not be displayed or advertised for sale unless said vehicle is non-commercial and is owned by the owner or occupant of the premises on which the same is displayed or advertised for sale.
n.
Motor vehicles may not be parked or stored or advertised for sale on public property or street right-of-way.
o.
With the exception of new and used motor vehicle sales facilities, motor vehicles may not be displayed for sale or advertised for sale in commercial or industrial zoning districts.
3.
It shall be unlawful for any person, firm or corporation to occupy an accessory building for purposes of residency or for any other use resulting in systematic human occupancy.
Section 400.286 Multiple-Family Occupancy of Single-Family Dwelling Units Prohibited.
[Ord. No. 558 §1, 8-4-2003]
A.
Increasing The Number Of Dwelling Units. It shall be unlawful for any person to alter or cause to be altered any existing structure or portion thereof to increase the number of dwelling units on any parcel of land without:
B.
Occupancy By More Than One (1) Family. The occupancy of a dwelling unit by more than one (1) family is prohibited and it shall be unlawful for any owner to occupy or permit the occupancy of a dwelling unit or part thereof unless all occupants of the dwelling are members of the same family.
C.
No land shall be used except for a purpose permitted in the zoning district in which it is located.
D.
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used except for a use permitted and in accordance with the district regulations in the zoning district in which such building is located.
E.
Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
F.
Structures or portions of structures constructed below the established 100-year flood elevation shall comply with the Federal Flood Insurance Standards for floodproofing.
G.
Uncompleted Structures. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after commencement of construction. Upon written request demonstrating hardship, the City Administrator may grant extensions of the required completion date for up to three (3) additional months. Upon failure to meet the construction completion date, the property owner shall be served with written notice of violation. Upon failure to comply with said written notice of violation, the property owner shall be guilty of a misdemeanor and upon conviction thereof shall be fined under the stated terms and conditions. Property owners in violation of this Section shall not be issued additional building permits until all violations are satisfied.
Section 400.288 Screening and Landscaping.
[Ord. No. 574 §1, 12-1-2003]
A.
All parking and loading areas shall be properly screened and landscaped as hereinafter set forth. It is the purpose and intent of this Section to require adequate protection for contiguous property against undesirable effects from the creation and operation of parking or loading areas; and to protect and preserve the appearance and character of surrounding neighborhoods and the City with aesthetic screening and landscaping; to provide greenspace to visually soften paved areas and buildings; and to provide shade, air purification, including noise, glare and heat abatement.
1.
All landscaping and screening requirements shall be the responsibility of the property owner or developer to install and maintain. All landscaping and screening shall be located on the owner or developer's property.
2.
Landscaping shall include, to the extent necessary to further the intent of this Section, shrubs, bushes, hedges, trees, grasses, seasonal plantings, ground cover plantings, decorative walls or fencing as set forth below.
3.
Frontage along the entire parking or loading area adjacent to any public or private street shall be landscaped with shrub, bush and hedge plantings so as to separate and screen any parking area from the adjacent streets, including the provision of deciduous or hardwood street trees at not more than thirty-five (35) feet on center located parallel to the right-of-way on the subject property, a minimum of one (1) shrub, bush or hedge shall be provided for every ten (10) feet of lot perimeter or fraction thereof. Shrubs and bushes are not required to be planted ten (10) feet on center but may be clustered to provide an enhanced landscape appearance.
4.
When off-street parking or loading areas and other areas zoned for any use, except one-family and two-family residential districts, are located adjacent to a residential district, there shall be provided along the lot line a continuous solid fence, masonry wall, greenbelt or equivalent landscaped berm or hedge to prevent direct light from automobile headlights shining on adjacent residential units. The maximum height of any fence or wall shall not exceed six (6) feet. The fence or wall shall not exceed three and one-half (3½) feet within fifteen (15) feet of the public right-of-way. The minimum height of any continuous landscape hedge shall be planted initially to twenty-four (24) inches and maintained to a minimum of three and one-half (3½) feet in height.
5.
In addition to any landscaped front, back or side yard areas required by this or any other provision of this Code (except vehicle storage lots and multiple level parking structures), a minimum of ten (10) square feet of interior landscaped area shall be provided within the parking lot and adjacent to a proposed building(s) for each parking space when four (4) or more spaces are required subject to site plan approval. The landscaping shall be in one (1) or more areas so as to minimize and reduce the apparent size of parking areas and to provide shade, minimize heat and glare and to improve the community appearance. Interior landscaping shall be provided within raised, curbed parking lot islands. One (1) or more of the following alternatives shall be used for interior landscaping of parking lots.
a.
A continuous or interrupted raised landscape strip or island of shade trees, shrubs, bushes and ground cover landscaping with a minimum width of five (5) feet between rows of parking spaces.
b.
Raised landscaped island of no less than one hundred (100) square feet and not more than two hundred (200) square feet, with a minimum width of six (6) feet, to be located throughout the lot planted with shade trees, shrubs, bushes and ground cover landscaping.
c.
Raised landscaped islands of no less than nine (9) feet in width and twenty (20) feet in length to be located at the end of or in between rows of parking spaces and to be planted with shade trees, shrubs and ground cover landscaping.
d.
Raised diamond shaped islands required every four (4) parking spaces along interior parking aisles as directed by the Planning Department.
6.
All interior landscape planting areas shall be treated with sod, vegetative ground cover species, mulch, decorative rock, decorative stone or similar material beneath surrounding trees and shrubs.
7.
Deciduous shade trees shall have a minimum caliper of two and one-half (2½) inches in the trunk measured one (1) foot above ground. Evergreen trees shall be a minimum of six (6) feet in height at planting. Evergreen trees used for interior landscaping shall be a minimum of three (3) feet in height. All trees shall be properly planted and staked. In no instance shall there be less than two (2) trees in conjunction with the development of any parking facility or lot.
8.
Landscaping hedges or shrubs shall be planted initially eighteen (18) inches in height and maintained to a maximum of three and one-half (3½) feet in height; however, no hedge, shrub, wall or berm shall exceed three (3) feet in height within ten (10) feet of any driveway opening.
9.
The use of earth sculpting or berms as allowed by these regulations shall be designed to avoid erosion, drainage or maintenance problems.
10.
All landscaping shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as initially approved. In order to present a healthy, neat and orderly appearance, landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other landscaping by utilizing a sprinkler system, hose bibs and/or such other method of providing adequate water. In the event that landscaping approved by the City as part of its site plan review should die and is not replaced by the property owner in a timely fashion, taking into consideration the season of the year, it shall be deemed a violation of this Chapter and subject to the penalties outlined in this Code.
11.
A perimeter landscaped buffer strip shall be provided and maintained at a width of not less than ten (10) feet along all front, side and rear property lines. Said landscaped strip shall be planted with sod or similar turf grasses and shall contain trees and shrubs as required by this Section.
12.
All landscaped area in parking areas or adjacent to parking or loading areas or that can be encroached upon by a motor vehicle shall be provided with a permanent Portland cement concrete curb as approved by the City Engineer to restrict the destruction of the landscaped area by vehicles. Adequate scuppers and/or weep holes shall be provided through the curbing to enhance landscaped appearance.
13.
All side and rear property lines shall contain deciduous shade tree(s) a minimum spacing of fifty (50) feet as required by this Section. Deciduous shade tree(s) are not required to be planted fifty (50) feet on center but may be clustered to provide an enhanced landscape appearance.
14.
All landscaping areas shall remain as greenspace and shall not be utilized for vehicle parking or corrupted with any form of impervious paved surface and shall not be utilized for storage of vehicles or equipment or as a location for any accessory building.
15.
A landscaped legend shall be included on all plans, providing quantity, size and type of landscaping applicable to these standards.
Section 400.290 Unlisted Uses.
[Ord. No. 330 §1(29), 7-12-1999; Ord. No. 574 §1, 12-1-2003]
Any use not listed herein shall be placed in a suitable zoning district. The Board of Aldermen shall make classifications after recommendation of the Planning and Zoning Commission.
Section 400.300 Additional Height and Yard Regulations.
[Ord. No. 330 §1(32), 7-12-1999]
A.
Public service and utility buildings, hospitals, institutions, agricultural buildings or schools when permitted in a district may be erected to a height not to exceed one hundred ten (110) feet. Churches and temples may be erected to a height not to exceed seventy-five (75) feet if the building is set back from all yard lines at least one (1) foot for each foot of additional building height above the maximum height for the district it is in. The above addition to the height requirements are subject to approval by the Planning and Zoning Commission on a per case basis.
B.
On lots fronting on two (2) parallel streets, the front yard shall be established on the most traveled street or as the Zoning Officer shall decide.
C.
On corner lots, the yard fronting on the most traveled street shall be the front yard or as the Zoning Officer shall decide.
D.
In commercial and industrial districts there may be more than one (1) building on a lot provided that the required yards be maintained around the group of buildings.
E.
There may be two (2) or more related multi-family, hotel, motel or institutional buildings on a lot provided that the required yards are maintained around the buildings and buildings that are parallel or that are within forty-five degrees (45°) of being parallel must be separated by a horizontal distance that is at least equal to the height of the tallest building.
F.
Those parts of existing buildings that violate yard regulations may be repaired or remodeled, but not reconstructed or structurally altered. Any additions shall observe the required yard regulations of the district it is in.
G.
Required front yards shall be devoted entirely to landscaped area except for parking and the necessary paving of driveways and sidewalks to reach parking and loading areas in side or rear yards.
H.
No sign, fence, wall, shrub or other obstruction to vision exceeding three (3) feet in height shall be erected, planted or maintained within thirty (30) feet of an intersection.
I.
In all residential zoned districts, dogs, cats or rabbits may be kept as domestic pets by the occupant of the dwelling. These animals may not be used or kept for commercial or retail purposes or as to cause a public nuisance.
J.
In all residential districts, chickens, geese, ducks, turkeys and other fowl shall be permitted under the following conditions:
1.
Lot size minimum of fifteen thousand (15,000) square feet.
2.
A permanent shelter or pen shall be provided, to be no closer than twenty (20) feet to side and rear property lines and fifty (50) feet from front property lines.
3.
Shelter shall be maintained in sanitary condition.
4.
Fowl shall not be kept for commercial or retail purposes, or as to cause a nuisance.
5.
Fowl must be for pets or personal consumption only.
K.
Filing station pumps and pump islands may be located in areas required for yards as long as they are a minimum of fifteen (15) feet from all lot lines.
L.
Open, unenclosed porches (not glassed in) may extend ten (10) feet into a front yard.
M.
All accessory buildings must be at least ten (10) feet from a main building.
N.
Where a garage is entered from an alley, it must be kept at least ten (10) feet from the alley.
O.
Trailers, including camping and boat trailers, pickup campers, RVs and boats shall not be stored in front yards.
P.
Trucks and vehicles licensed over twenty-four thousand (24,000) pounds shall not be parked within any residential district other than on a temporary basis unless garaged.
Section 400.310 Exceptions to Lot and Setback Requirements.
[Ord. No. 330 §1(33), 7-12-1999; Ord. No. 454 §§1 — 2, 8-20-2001]
A.
Where a lot of record at the time of the effective date of this Chapter (July 12, 1999) has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located.
B.
Existing buildings that are in violation of lot requirements may be remodeled, repaired or structurally altered as long as the addition conforms to these requirements.
C.
Lot area per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
D.
When a lot abuts upon a public alley, one-half (½) of the alley width may be considered as a portion of the required yard. One-half (½) of the alley width may be considered as a portion of the setback requirements.
Section 400.320 Planned Development.
[Ord. No. 330 §1(9), 7-12-1999]
Any lot or parcel of land that is to be divided in any manner, shall be considered a "planned development". All planned developments regardless of current or proposed zoning shall first be subject to the regulations and restrictions of the Subdivision and Land Development Ordinance of the City of Foristell, Missouri.
Section 400.330 Sewage Disposal and Treatment.
[Ord. No. 330 §1(10), 7-12-1999]
A.
All buildings, structures and uses of land in the incorporated City limits of the City of Foristell shall be equipped with an adequate, safe and sanitary disposal system for all human, domestic and all industrial waste. For the purposes of this Chapter, disposal of sewage or other liquefied wastes may be handled by one (1) or more of the following methods:
1.
A sanitary sewer system and a treatment facility. The design and installation shall be approved by the Missouri Department of Natural Resources.
2.
Individual septic tank and either lateral fields or sand filter, provided the design and installation shall be approved by the Missouri Department of Natural Resources. Septic tanks shall only be allowed on lots or parcels of land three (3) acres or greater in size.
B.
The above treatment systems shall be permitted or required as follows:
1.
All subdivisions having lots, tracts or sites of an area less than three (3) acres in size must provide facilities for the collection and treatment of sanitary sewage. These facilities shall consist of sanitary sewer lines sized to current engineering practices and in accordance with the requirements of the Missouri Department of Natural Resources. A plat of the location of all lateral lines and main and trunk lines shall be filed with the City of Foristell Public Works office.
2.
No permit for construction of a treatment facility shall be issued by the Planning and Zoning Commission until a copy of a permit issued by the Missouri Department of Natural Resources has been supplied.
C.
The site of a treatment facility shall be such that no portion of the equipment and/or the water's edge shall be closer than two hundred (200) feet to a property line. Buildings and structures otherwise permitted may be constructed within one hundred (100) feet of the treatment facility.
D.
The maximum number of dwelling units that the treatment facility can safely accommodate, as determined by the Missouri Department of Natural Resources, shall be entered on the land use permit for the facility and the Planning and Zoning Commission shall not issue permits for construction of buildings and/or structures greater than that number.
E.
The developer of the subdivision shall be responsible for the continued maintenance and operation of the treatment facility unless he/she has been relieved, in writing, of the responsibility by another certified person or company. The City of Foristell is to have final approval of anyone responsible for the continued maintenance and operation of any treatment facility in the City limits of the City of Foristell, Missouri. The City may require bond or other surety to insure the continued operation and maintenance of treatment facilities.
F.
The installation of individual septic tanks shall be permitted only when there is no possibility for connection to a sanitary sewer in the reasonable future. Before an individual permit can be issued, it must be shown that the cost of hooking to a treatment facility is not only monetarily prohibitive but physically prohibitive.
1.
No septic tank shall be installed unless a septic tank permit has been issued by the Planning and Zoning Commission.
2.
Permits for septic tanks will not be issued until a percolation test performed by a professional engineer registered in the State of Missouri has been done and the results have been submitted to the Commission. If the percolation test does not meet the criteria of the Missouri Department of Natural Resources, the Commission shall not issue a septic tank permit.
3.
The septic tank permit shall be issued at the same time that the land use permit and the building permit are issued. There shall be a fee of twenty-five dollars ($25.00) for a septic tank permit.
4.
The Planning and Zoning Commission shall be notified at least twenty-four (24) hours in advance of the installation of a septic tank or any other treatment facility. The Zoning Officer shall make inspection so that the installation meets the requirements of the Zoning Code, Department of Natural Resources and any other laws.
G.
Any building, structure or use of land which will discharge sewage, waste or effluent of any kind shall require a permit from the Missouri Department of Natural Resources.
Section 400.335 Locational and Distancing Requirements for Adult Entertainment Establishments.
[Ord. No. 658 §§1 — 5, 2-21-2006]
A.
It is understood by the Mayor and Board of Aldermen of the City of Foristell, Missouri, that adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted in such concentration that their operational features may establish the dominant character of any commercial or industrial area. Furthermore, reasonable zoning location and requirements regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property. Adult entertainment uses are recognized as those having serious objectionable characteristics, thereby having a deleterious effect upon adjacent areas, which could contribute to blight and degradation of the surrounding neighborhood. The special regulation of adult entertainment establishments is necessary to ensure that the adverse effects of such uses will not contribute to the blighting and downgrading of surrounding neighborhoods, whether residential or non-residential by location or concentration, and to ensure the stability of such neighborhoods.
B.
Adult entertainment establishments, as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, are authorized only in areas zoned "M-1" Light Industry District, exclusive of "MUD" and "PD" developments and shall be subject to the requirements of Section 400.230 of the Municipal Code of the City of Foristell, Missouri.
C.
Adult entertainment establishments, as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, shall not be located within one thousand two hundred (1,200) feet of any residential zone, single- or multiple-family dwelling, church, public park, school, highway right-of-way or common ground. Such distance shall be measured in a straight line, from property line to property line, without regard for intervening properties. The structure of the adult entertainment establishment shall be designed in such a fashion so that all openings, entries and windows prevent view into the building from the outside.
D.
The structure in which an adult entertainment establishment, as defined in Chapter 605 of the Municipal Code of the City of Foristell, Missouri, is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no explicit sexual material, merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leave the impression of motion or movement shall be permitted around said structure.
Section 400.336 Legislative Authority.
[Ord. No. 831 § 1, 4-3-2017]
Missouri Cities of the fourth class, Foristell being such, have the authority to enact ordinances to preserve and protect property values thereby insuring the general welfare, health and safety, and also to prevent potential nuisances by means of zoning and police regulations pursuant to Chapters 79 and 89, RSMo.
Section 400.337 Where Permitted.
[Ord. No. 831 § 2, 4-3-2017]
Outdoor storage facilities are permitted in C-1, C-2 and C-3 Commercial Districts, M-1 Light Industrial, M-2 General Industrial and M-3 Planned Industrial Zoning Districts, subject to an approved conditional use permit.
Section 400.338 Definitions.
[Ord. No. 831 § 3, 4-3-2017]
Outdoor Storage Business is defined as the storage or display of new or used, sales, rental, trade-in or repairs of motor vehicles, boats, RV's, trailers, excavating or grading equipment, road-building or maintenance equipment, and tractors, as well as materials used in construction, landscaping or related activities.
Section 400.339 Regulations.
[Ord. No. 831 § 4, 4-3-2017]
A.
Those outdoor storage businesses shall henceforth be subject to the following reasonable regulations:
1.
Asphalt or concrete parking surface of sufficient thickness so as not to crack, settle, or shift under the weight of vehicles or equipment being stored in all C-1, C-2 and C-3 Commercial zoning districts. Outdoor storage in M-1, M-2 and M-3 Industrial zoned districts may be rock, with the exception of designated parking areas for the employees and public. All hard surfaces are to be maintained for surface integrity and shall be constructed as set out in Chapter 400, Article V, Section 400.280, of the Foristell Municipal Code.
2.
Sight-proof fencing that is a minimum of six (6) feet in height, approved by the Planning and Zoning Commission and Board of Aldermen during the conditional use permit process. Fencing shall not be constructed forward of the front building line unless approved by the Planning and Zoning Commission and Board of Aldermen. Extensive landscape screening is to be provided and maintained to insure a clean appearance from the road as well as from surrounding property owners. A masonry wall shall enclose all products and materials used or stored. Screening and landscaping shall follow the regulations as set out in Chapter 400, Article V, Section 400.288, of the Foristell Municipal Code.
3.
Businesses with after-hours access must provide adequate security with proper lighting, cameras or security personnel. Lighting should be sufficient to provide for safety and security, but shrouded so as not to encroach upon nearby property owners with glare.
4.
Sufficient area must be provided for turning and maneuvering large trailers and RVs. Ingress and egress to the site must be sufficient to insure the motoring public is not impacted or impeded in any manner.
5.
No vehicles, campers, boats, RVs, or materials are to be left outside the fenced area or public right-of-way at any time.
6.
No derelict, dismantled or inoperable vehicles or equipment will be stored or displayed outdoors.
7.
No daily commuter parking of any vehicle or equipment that is not owned and operated by the primary business licensed to operate on the property.
8.
No vehicle, camper, trailer, or RV may be inhabited at any time for any reason.
9.
A groundwater study and engineering site plan review may be required as determined by the building official.
10.
All buildings and/or structures will be built and developed in compliance with the City Code.
11.
No mobile or utility vehicle or trailer will be used for office space.
Section 400.339.1 Duration Of Conditional Use Permit.
[Ord. No. 831 § 5, 4-3-2017]
The approved use will be fully operational within one (1) year of the CUP being granted, or the CUP will be null and void.
Section 400.339.2 Applicability.
[Ord. No. 831 § 6, 4-3-2017]
The provisions of this Part 3 shall apply in all commercial and industrial zoning districts, and in any case shall not constitute spot zoning in residentially zoned areas.
Section 400.339.3 Violations And Penalties.
[Ord. No. 831 § 7, 4-3-2017]
Any person, partnership, corporate or LLC entities determined to be in violation of the provisions of this Part 3 shall be subject to a fine of up to five hundred dollars ($500.00). Each day of such violation shall constitute a separate violation.