This division shall apply to all real property, including all residential, commercial, and industrial property within the City of Hannibal, with the exception of any parcel of land already platted for a single dwelling or duplex containing three acres or less.

Notwithstanding the provisions of section 32-479, it shall be unlawful to clear, grade, or remove soil from any property greater than three acres in size prior to obtaining a building permit. No building permit shall be issued by the building inspector until such time as the owner, developer, builder or contractor has provided to the city engineer or his authorized representative a complete plan for erosion control, a landscape plan, and tree replacement plan, pursuant to this division. No building permit may be issued until such plans are approved by the city engineer or his authorized representative.

(1)

Violations of this section shall be prosecuted in municipal court.

(2)

Persons who violate this section shall be required to replace 150 inches DBH per acre, or 150 inches caliper per acre.

(3)

This provision does not apply to bona fide farming, nurseries or timber management activities.

(Ord. No. 4543, § 1, 9-7-2010)

If enlargement of an existing structure requires tree planning, preservation, or landscaping requirements, it is the intent of this subsection that such requirements only apply to the area of property being expanded, and that no existing structures, buildings, or existing pavements be removed for purposes of attempting to comply with these provisions.

These provisions shall not apply for the following circumstances:

(1)

When existing buildings and structures are replaced with new buildings and structures with the same total floor area, provided a building permit for replacement is applied for within one-year after the existing buildings are removed.

(2)

A use expands into or is established in existing floor area that was previously unfinished or otherwise not available for occupancy.

(3)

The floor area is enlarged by less than 25 percent or by less than 2,000 square feet, whichever is greater.

For purposes of protecting downstream properties and ensuring public safety, it shall be unlawful to remove trees or vegetation from any property abutting a natural drainageway prior to obtaining a building permit. No building permit shall be issued by the building inspector until such time as the owner, developer, builder or contractor has provided to the city engineer or his authorized representative a complete plan for erosion control, a landscape plan, and tree replacement plan, pursuant to this division. No building permit may be issued until such plans are approved by the city engineer or his authorized representative. This provision shall not include necessary removal of dead or dangerous trees abutting natural drainageways.

(Ord. No. 4543, § 1, 9-7-2010)

New residential, commercial, and industrial developments, or expansions of existing development sites subject to the provisions of this division, that require the disturbance or removal of trees, shall first have a tree survey completed. The tree survey shall identify all trees of eight-inch diameter at breast height (DBH) or greater by location, along with the DBH of each. The survey shall also identify those trees measuring eight inches DBH or greater that must be removed or disturbed in order to develop the site.

(1)

Diameter at breast height (DBH) means the diameter of a tree measured at a point four and one-half feet above ground.

(2)

A tree is considered to be disturbed if excavation will occur within the drip line in any direction.

(3)

For those trees of eight inches DBH or greater that will be preserved during construction, the property owner must, prior to commencing construction, stake a clear area around the drip line of each such tree, to prevent its harm or destruction during construction.

(Ord. No. 4543, § 1, 9-7-2010)

Based on the tree survey, a landscape plan must be submitted to the city engineer for approval. The landscape plan must identify the location of each replacement tree to be planted, along with the species and DBH of each. The landscape plan must show all necessary tree replacement calculations for the development site.

(1)

The removal of trees within an existing or proposed utility easement, as part of the construction, maintenance, or improvement of the utility line, shall not be included in the replacement plan.

(2)

For property zoned A-One- and two-family dwelling, B-Multiple residence, or planned density residential, platted street rights-of-way or proposed platted street rights-of-way shall not be included in the replacement plan.

(3)

Existing dead trees shall not be included in the replacement plan.

(Ord. No. 4543, § 1, 9-7-2010)

Each DBH inch of tree removed from the development site shall be replaced on a 3:1 DBH inch basis. Total DBH inches to be replaced are calculated only for trees measuring eight inches DBH or greater. For example, if six trees, each comprising eight inches DBH are removed, all totaling 48 DBH, then trees totaling 16 inches DBH must be replaced; a 3:1 ratio.

(1)

Replacement trees shall be a minimum of two inches DBH at installation.

a.

For calculating tree replacements, DBH inches removed may be replaced using caliper inches. A caliper is defined as the diameter of a tree six inches above grade. If caliper inches are used in-lieu, replacement trees shall be a minimum of two caliper inches at installation.

(2)

The total DBH replacement requirement shall not exceed 150 inches DBH per acre, or 150 inches caliper per acre.

(3)

Tree replacement shall occur on-site to the maximum extent feasible. DBH inches not replaced on site shall be replaced off-site as part of the city's urban reforestation program. The replacement of trees may occur in close proximity to the site being developed, or may include the planting of street trees, or may be planted at locations mutually agreeable to the developer and the city tree board.

(4)

Trees shall be planted and maintained in a responsible manner that assures a tree life of no less than two years. On-site replacement trees that die within a two-year period shall require replacement by the property owner.

(Ord. No. 4543, § 1, 9-7-2010)

(a)

If any parking lot includes more than 20 parking spaces, there shall be a requirement for interior landscaping of the parking lot. A minimum of five percent of the total square footage of total parking stalls shall be landscaped. No interior landscaped area to be used for tree planting shall be less than six feet in any dimension. Interior parking lot landscape islands shall include a minimum of one deciduous shade tree per island, but shall include no less than one deciduous shade tree for every ten feet of island length in any direction. Shrubs and other live planting material may be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping.

(1)

Parking lot landscaping requirements shall not apply if the parking lot is being constructed or enlarged by less than 20 parking spaces.

(2)

Parking lot landscaping may be used toward the 3:1 tree replacement requirement for the overall site.

(3)

Applicants who encounters a legitimate practical hardship installing the required number of landscape islands and parking lot trees, due to the size or shape of the property, as compared to the minimum number of required parking spaces required pursuant to this Code, may, in-lieu of installing all landscape islands, overplant the balance of their site with the number of trees otherwise necessary to meet the parking lot landscaping requirement. Trees that cannot be accommodated on-site may be planted off-site as part of the city's urban reforestation program. This provision may only be employed if the requirement for parking spaces and the requirement for landscaped parking lot islands conflict in such fashion that both provisions cannot readily be met.

(Ord. No. 4543, § 1, 9-7-2010)

All commercial and industrial properties adjoining property zoned or used residentially, or adjoining property prescribed for future residential use by the city's comprehensive plan, shall provide adjacent to any such common property lot line a landscape buffer of trees to abate noise, heat, and to prevent direct light from automobile headlights from casting onto surrounding residential units. Unless natural landscape buffers already exist, such landscaped area shall consist of a row of evergreen trees not less than seven feet in height, planted on ten-foot centers. Certain species of evergreen, such as full-size pine and spruce, may be planted on 20-foot centers. Shrubs and other live planting material may be used to complement the tree landscaping.

(1)

It is not the city's intent for existing, natural, landscape buffers to be eliminated and replaced pursuant to this section. In instances where natural landscape buffers, or portions of natural landscape buffers already exist, are comprised of healthy trees, and retaining such trees will serve the intent of buffering adjoining residential property, the city engineer may allow portions of the existing natural landscape buffer to remain. In such instances, the applicant may retain such trees, and install landscape buffers pursuant to the provisions of this section, along the remainder of the adjoining boundary.

(2)

Trees planted for landscape buffering may be used toward the 3:1 tree replacement requirement for the overall site.

(3)

To assure that residential property continues to enjoy screening by a landscape buffer, landscape buffer trees removed, or otherwise destroyed through natural causes, shall be replaced by the property owner upon notification by the city.

(4)

Any property owner subject to the requirements of this section who shall remove any portion of an existing landscape buffer, or remove any portion of a landscape buffer that existed prior to the passage of this ordinance, shall be required to replace such landscape buffer pursuant to the provisions of this section.

(Ord. No. 4543, § 1, 9-7-2010)

The Hannibal Tree Board shall maintain a list of recommended trees for planting and/or replacement pursuant to this division. The city engineer shall make said list available to any applicant requesting. Such trees shall be used by applicants in preparation of required landscape plans. Other species may be considered for planting, as permitted by the city tree board or city engineer.

(Ord. No. 4543, § 1, 9-7-2010)

This division, and the regulations herein, apply to and qualify as the district regulations of this chapter.

(Code 1963, § 89.010; Code 1988, § 32-1126)

Single-family dwellings, two-family dwellings, and multiple-family dwellings may be increased in height by not more than ten feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet; but they shall not exceed three stories in height.

(Code 1963, § 89.030; Code 1988, § 32-1127)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances may be erected to a height in accordance with the provisions of this chapter.

(Code 1963, § 89.040; Code 1988, § 32-1128)

Accessory buildings may be built in a required rear yard; but the accessory buildings shall not be nearer than two feet to any side or rear lot line, nor nearer than five feet to any alley abutting the rear of the lot; nor shall any such accessory building occupy more than 40 percent of the required rear yard.

(Code 1963, § 89.050; Code 1988, § 32-1129)

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes. If the city council by resolution declares a housing emergency, this section does not apply.

(Code 1963, § 89.060; Code 1988, § 32-1130)

Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed 12 inches. This requirement shall not prevent the construction of fences and landscape plantings; except on that portion of lots within 30 feet of the intersection of two or more streets such fences or plantings shall not be more than three feet high.

(Code 1963, § 89.070; Code 1988, § 32-1131)

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a rear yard not more than five feet, and the ordinary projections of chimneys and flues may be permitted by the administrative officer.

(Code 1963, § 89.080; Code 1988, § 32-1132)

An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.

(Code 1963, § 89.090; Code 1988, § 32-1133)

For the purpose of the side yard regulations, a two-family or a multiple-family dwelling shall be considered as one lot.

(Code 1963, § 89.100; Code 1988, § 32-1134)

(a)

Intent and purpose. Adult entertainment establishments, including adult cabarets as defined in subsection (b) of this section, 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 following:

(1)

The confinement of adult entertainment establishments, including adult cabarets as defined in subsection (b) of this section, to those industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties.

(2)

To require that adult entertainment establishments, including adult cabarets, shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any industrial area.

(3)

To protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, adult entertainment uses, including use as an adult cabaret as defined in subsection (b) of this section, are recognized as having serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having deleterious effect upon adjacent areas, and could contribute to blight and degradation of the surrounding neighborhood.

The special regulation of adult entertainment establishments, including adult cabarets as defined in subsection (b) of this section, is necessary to ensure that the adverse effects of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods, whether residential or nonresidential, by location or concentration and to ensure the stability of such neighborhoods.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Adult cabaret means a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity in the performance of their duties.

Nudity means the showing of either:

(1)

The human male or female genitals or pubic area with less than a fully opaque covering; or

(2)

The female breast with less than a fully opaque covering on any part of the nipple.

(c)

Location and distance restrictions. Any business operating as an adult cabaret shall only be permitted in district F, industrial, and shall be subject to the following additional requirements:

(1)

No business operating as an adult cabaret shall be located or expanded within 1,000 feet from the closest property line of the adjacent residential zone or use.

(2)

No business operating as an adult cabaret shall be located or expanded closer than 500 feet to the H-1 district or E-1 district. Said distance shall be measured in a straight line without regard to intervening structures from the closest property line of the adult cabaret to the closest property line of the said H-1 or E-1 zone.

(3)

No business operating as an adult cabaret shall be located or expanded closer than 1,000 feet to any preexisting place of worship, day care facility, public or private school or college.

(4)

No adult cabaret shall be allowed to be located or expanded within 2,000 feet of any other adult cabaret. Said distance shall be measured in a straight line without regard to intervening structures from the closest property line of each adult cabaret.

(Code 1988, § 32-1135; Ord. No. 4189, § 1, 9-18-2001)

For all one-family dwellings, provisions shall be made upon the premises for the parking of three motor vehicles for the use of the occupants. For all two-family dwellings, provisions shall be made upon the premises for the parking of two motor vehicles per family unit.

(Code 1963, § 90.010; Code 1988, § 32-1201; Ord. No. 3807, § 1, 11-17-1992)

For all apartments or multiple-family dwellings, provisions shall be made for the storage or parking of motor passenger vehicles for the use of occupants either on the premises or within 1,000 feet. Two parking spaces shall be provided for each dwelling unit.

(Code 1963, § 90.020; Code 1988, § 32-1202; Ord. No. 3807, § 2, 11-17-1992)

For all high-rise apartments or multiple-family dwellings designed for and actually occupied by elderly persons, provisions shall be made for the storage or parking of motor passenger vehicles for the use of occupants either on the premises or within 1,000 feet. One parking space shall be provided for each dwelling unit. The term "high-rise" means a structure consisting of three or more stories in height.

(Code 1963, § 90.025; Code 1988, § 32-1203; Ord. No. 3807, § 3, 11-17-1992)

For every building used as a theater, auditorium, stadium or other place of public assembly, there shall be provided and maintained accessible off-street parking space for the parking of motor vehicles on the basis of one vehicle for every three seats of the total audience seating capacity of the building. Such parking shall be located on the same lot with the building, or within 500 feet thereof.

(Code 1963, § 90.030; Code 1988, § 32-1204; Ord. No. 3807, § 4, 11-17-1992)

Any building used for any business use listed in district C or D and located in district C or D shall provide accessible off-street parking at the rate of at least one parking space for each 200 square feet of floor area in the building. Any building so erected for industrial use in districts E and F shall provide accessible off-street parking as follows:

(1)

One parking space for every 400 square feet of floor area of such building used for office purposes;

(2)

One parking space for every 1,000 square feet of floor area of such building used for manufacturing purposes;

(3)

One parking space for every 5,000 square feet of floor area of such building used for warehouse purposes.

(Code 1963, § 90.040; Code 1988, § 32-1205)

Any business or industrial building in any district shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.

(Code 1963, § 90.050; Code 1988, § 32-1206)

(a)

The entire parking area, including parking spaces and maneuvering lanes, required under this division shall be provided with asphaltic or concrete surfacing. The parking area shall be paved in such a manner as to preclude drainage of water onto adjacent property or toward buildings.

(b)

All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed on the parking area only.

(Code 1988, § 32-1207; Ord. No. 3807, § 5, 11-17-1992)

New radio, television or microwave towers and similar commercial structures shall be permitted uses within areas zoned for D highway business, E commercial, and F industrial districts within the city limits.

(Code 1988, § 32-1251; Ord. No. 4070, § 1, 8-18-1998; Ord. No. 4208, § 1, 3-19-2002)

Upon receipt of a certified and sealed engineering study by a professional engineer licensed in the state with structural expertise and issuance of a building permit, the following are permitted in any designated zoning district:

(1)

The attachment of additional or replacement of antennae or equipment shelters to any tower existing on the effective date of this division [March 19, 2002] or subsequently approved in accordance with these regulations; provided that additional equipment shelters or cabinets are located within the existing tower compound area.

(2)

The mounting of antennae on any existing building or structure such as a water tower, provided that the presence of the antennae is concealed by architectural elements or camouflaged by painting a color identical to the surface to which they are attached.

(3)

The installation of antennae or the construction of a tower on buildings or land owned by the city or other public entities following the approval of a lease agreement by the city council.

(Code 1988, § 32-1252; Ord. No. 4070, § 2, 8-18-1998; Ord. No. 4208, § 2, 3-19-2002)

Editor's note— The effective date of the ordinance from which this division was derived is March 19, 2002. This date was bracketed and embedded in the text of section 32-1252(1) of the 1988 city Code, now codified as section 32-578(1), and relocated to this note at the discretion of the editor.

The criteria to grant permitted uses within sections 32-577 and 32-578 shall include, but is not limited to, the following:

(1)

The tower shall be no more than 200 feet in height.

(2)

No tower/antennae shall be situated within 100 feet of any residential structure. The minimum standard setback from all adjoining property boundaries shall be at least 50 feet and the engineering study must indicate that if a tower collapses, the tower shall fall in sections not to exceed 50 feet.

(3)

Any new tower shall be constructed to at least twice the capacity of its primary use in order that secondary users might be encouraged to collocate and lease the balance of the tower capacity. The design of the tower compound shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.

(Code 1988, § 32-1253; Ord. No. 4070, § 3, 8-18-1998; Ord. No. 4208, § 3, 3-19-2002)

Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the city with a copy of the notice to the FCC of intent to cease operations, and shall be given 90 days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The equipment on the ground is not to be removed, however, until the tower structure has first been dismantled and removed.

(Code 1988, § 32-1254; Ord. No. 4070, § 4, 8-18-1998; Ord. No. 4208, § 4, 3-19-2002)

This article shall be in full force and effect upon its enactment and approval and any person found to be in violation of any of the provision of this article shall be subject to a fine of not less than $100.00. Each day such a condition exists shall constitute a separate violation until either removal of the tower or correction of the condition.

(Code 1988, § 32-1255; Ord. No. 4208, § 6, 3-19-2002)