(a)

District classifications. The city hereby establishes the following zoning district classifications:

(b)

District regulations.

(1)

In the districts established above, a building or premises shall be used only in accordance with the following:

a.

Permitted and conditional structures and uses: Principal and conditional use table A in section 120-51

b.

Accessory structures and uses: Accessory use table B in section 120-51

c.

Temporary structures and uses: Temporary use table C in section 120-51

(c)

Residential zoning district lot and building requirements.

(1)

R-I residential district.

a.

Permitted and conditional uses in the R-1 district are listed in table 1 in section 120-51

b.

Setback, area, height, and lot regulations.

(2)

R-2 residential district.

a.

Permitted and conditional uses in the R-2 district are listed in table 1 in section 120-51.

b.

Setback, area, and height regulations.

(3)

R-3 residential district.

a.

Permitted and conditional uses in the R-3 district are listed in table 1 in section 120-51

b.

Setback, area, and height regulations.

c.

Exceptions to lot area and width requirements. The minimum lot area and lot width requirements established above may be modified as follows:

1.

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived 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 nevertheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.

2.

Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to these requirements.

3.

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.

Special requirements for court apartments in R-3. For apartments located along one side of a court, minimum width of said court shall be 30 feet; for such uses located on two sides of a court, the minimum width of said court shall be 22 feet; thence distance between main buildings and accessory buildings shall be not less than ten feet. An access road of a minimum width of 24 feet, on which all parking is prohibited, shall be provided for each apartment up to 36 dwelling units; such access road may be placed at the side of the lot, but no building shall be erected within ten feet of it.

(4)

MH-1 planned mobile home park district.

a.

Permitted and conditional uses in the MH-1 district are listed in table 1 in section 120-51.

b.

Plan required. A MH-1 planned mobile home park district may be developed upon submittal and acceptance of an approved plan as provided.

c.

Site plan information. A preliminary site plan shall be prepared and submitted to the commission. The plan shall show the location and size of buildings and structures and mobile home pads, as well as lot lay out and general use to be made of the land, including areas to be developed for parking, drives, walkways, recreation, service and other uses. A general grading and landscaping plan, to include the location of major existing growth to be retained as well as new planting and landscaping plans to be provided shall be submitted with the site plan. Preliminary plans showing general location, type and capacity of utilities including storm water, drainage, sanitary sewerage, electric and gas, as well as general details of all surface areas, will also be required.

d.

Minimum standards. The following minimum standards for area, lot size, height, open space and other amenities shall be observed in the MH-1 planned mobile home park district:

1.

Land area. Land area provided for a mobile home park shall be not less than five acres.

2.

Site area and coverage. Each mobile home site shall have an area of at least 5,000 square feet and a minimum width of 50 feet. The total coverage of each mobile home site shall not exceed 35 percent. Site coverage shall be calculated by dividing the total ground floor area in the mobile home unit, plus the total ground floor area of any enclosed structure attached to the mobile home unit, by the total site area. The floor area of a detached, enclosed structure shall not be included in the total ground floor area, provided the area of said structure does not exceed 120 square feet.

3.

Mobile home. Each mobile home within such park shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities and plumbing and electrical connections designed for attachment to appropriate external systems.

4.

Yard requirements.

A.

Each mobile home site shall have side yards of a minimum of five feet wide on each side.

B.

Each mobile home site shall have front and rear yards, with each such yard not less than eight feet and the sum of both yards not less than 20 feet.

C.

For the purpose of this section, yard width shall be determined by measurement from the mobile home face (side) to its mobile home site boundary, every point shall be not less than the minimum width herein provided. Open patios and carport facilities shall be disregarded in determining yard widths. Enclosed all-weather patios and individual storage facilities shall be included in determining yard widths. The front yard is that yard which runs from the hitch end of the mobile home to the nearest street line. The rear yard is at the opposite end of the mobile home and side yards are at right angles to the front and rear ends.

5.

A buffer or landscaped area of 30 feet in width shall be provided at the perimeter of the mobile home park.

The commission and the council may vary or reduce the above requirements if compensating increases are made for other features.

e.

Review and approval. The commission shall study the preliminary plan and supporting data and may make suggestions for changes and adjustments. After the commission approves the preliminary plan, it shall submit same with a brief report to the city council.

Whenever the city council approves the preliminary plan and supporting material, one copy shall be filed in the office of the city clerk and one copy shall be given to the owner.

Upon receipt of the approved preliminary plan, the owner may proceed with final plans and specifications for all or any portion of the project that is agreed upon. The final plans and specifications shall be reviewed by the commission and the city council in the same manner as the preliminary plans. No permits shall be issued for any construction upon the project until the final plans have been approved by the commission and the city council.

f.

Mobile homes and house trailers are further regulated by section 120-117, supplement zoning regulations.

(d)

Commercial zoning district lot and building requirements.

(1)

C-1 central business district.

a.

Permitted and conditional uses in the C-1 district are listed in table 1 in section 120-51

b.

Setback, area, height, and lot regulations.

(2)

C-2 commercial district.

a.

Permitted and conditional uses in the C-2 district are listed in table 1 in section 120-51.

b.

Setback, area, height, and lot regulations.

(3)

C-3 planned commercial district.

a.

Permitted and conditional uses in the C-3 district are listed in table 1 in section 120-51

b.

C-3 planned commercial setback, area, height, and lot regulations.

c.

Planned commercial district. Except as approved by the council, development within the C-3 district shall be limited to contiguous tracts which are proposed for development as a unit at one time or in stages.

d.

Planning requirements for C-3 districts. Before land is used or a building erected or used for any of the above purposes, a preliminary plan shall be reviewed by the planning and zoning commission for all contiguous property within this district in any one location. The commission shall have 30 days to consider the plan and forward their recommendations to the council, although this period may be extended by agreement of the parties concerned. The council shall approve or disapprove the preliminary and the final plan with or without modification. From time to time, the proponents may make minor changes in the approved final plan so long as such changes have been approved by the building inspector or upon denial of approval of said building inspector, with the approval of the council. What constitutes a "minor" change will be determined at the discretion of the building inspector. No building or occupancy permits shall be issued for any building or use that is not in accordance with an approved final plan.

e.

The preliminary plan shall:

1.

Be drawn to scale;

2.

Show boundaries of property to be developed;

3.

Show the proposed size and location of the parking area as required by this chapter. Also, entrance and exit driveways and their relationship to existing and proposed streets;

4.

Indicate location, type, use and size of structures on adjacent property within 200 feet of the proposed development;

5.

Provide for the dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the official plan; and

6.

Indicate the stages, if any, which will be followed in construction.

7.

The final plan shall be the standard plot plan required to obtain a building permit, except that it shall show the use or types of uses to be accommodated in each building or portion thereof. The final plan may be submitted separately for the first and each successive stage of development.

(4)

CEM district-planned cemetery district.

a.

Permitted and conditional uses in the CEM district are limited to privately operated cemeteries within the city and all new cemeteries hereafter established.

b.

Minimum district size. Except as approved by the council, development within the CEM District shall be limited to contiguous tracts of over five acres which are proposed for development according to the approved plan for this property.

c.

Cemetery endowed care fund law. The provisions of RSMo 214.270—214.410. providing for the creation, funding and operation of an endowed cemetery shall be extended to all privately operated cemeteries in the city, and to all new cemeteries hereafter established. Said sections are herewith made a part of the Fulton City Code by reference as fully as if set out herein.

d.

Planning requirements. The requirements in subsections 120-51(d)(3)b. and (d)(3)c. (C-3 planned commercial district) shall be used for the CEM planned cemetery district.

(e)

Industrial zoning districts lot and building requirements.

(1)

M-1 industrial district.

a.

Permitted and conditional uses in the M-1 district are listed in table 1 in section 120-51

b.

Setback, area, height, and lot regulations.

c.

Performance standards in the M-1 industrial district, it is provided that:

1.

No premises shall be used for extraction of raw material.

2.

Fuel oil storage tanks and premises used for bulk storage of oils, petroleum or similar flammable liquids and chemicals, or for the storage of explosives must file a safety plan. See supplementary zoning regulations in section 120-113 fuel oil storage tanks.

3.

Uses within the M-1 district shall adhere to performance standards set under state and federal laws.

4.

Industries using toxic or hazardous materials must present, and inspector must approve a plan for the handling and use of such materials. Approval shall be based upon safety of the general public and processes or products objectionable on abutting or nearby property.

(2)

M-2 planned industrial district.

a.

Permitted and conditional uses in the M-2 district are listed in table 1 in section 120-51.

b.

Setback, area, height, and lot regulations.

c.

Plan required. The M-2 planned industrial districts shown on the zoning district map shall be developed upon submission and acceptance of an approved plan, as provided below, in order to provide for industrial areas of integrated design.

d.

Site plan information. A preliminary site plan shall be prepared and submitted to the commission. The plan shall show the location and size of buildings and the general use to be made thereof, the areas to be developed for parking, drives, walkways, recreation or other purposes. A general grading and landscape plan, including the location of major existing growth that is to be retained, shall also be submitted with the site plan. Preliminary plans showing general location and type of utilities, including storm water drainage, as well as general details of all surfaced areas will also be required.

e.

Supplemental data. The following data and information shall also be submitted with the preliminary site plan:

1.

Sketch floor plans and elevations of typical buildings, to indicate the architectural character of the buildings, including statements regarding types of construction.

2.

Estimates of volumes of traffic movements to and from the completed project from the boundary streets.

3.

A preliminary schedule for completion of the entire project.

4.

A statement regarding the proposed method of operating and maintaining the project.

5.

A statement of financial responsibility to assure construction of the planned district.

f.

Minimum standards. The commission and city council may vary or reduce the height, yard, and open space requirements for an individual building in M-2 if compensating increases are made for other buildings within the project.

g.

Review and approval. The commission shall study the preliminary plan and supporting data and may make suggestions for changes and adjustments. After the commission approves the preliminary plan and construction schedule, it shall submit same with a brief report to the city council.

Whenever the city council approves the preliminary plan and supporting material, one copy shall be filed in the office of the city clerk and one copy shall be given to the owner.

Upon receipt of the approved preliminary plan, the owner may proceed with final plans and specifications for all or any portion of the project that is agreed upon. The final plans and specifications shall be reviewed by the commission and the city council in the same manner as the preliminary plans. No permits shall be issued for any construction upon the project until the final plans have been approved by the commission and the city council.

(f)

Agricultural district lot and building requirements.

(1)

A-1 agricultural district.

a.

Permitted and conditional uses in the A-1 district are listed in table 1 in section 120-51

b.

Setback, area, height, and lot regulations.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)