Maysville City Zoning Code
ARTICLE II
District Boundaries And Regulations
Section 405.030 District Boundaries And General Regulations.
[Ord. No. 1996-12 § 3, 9-18-1996]
A.
In order to classify, regulate and restrict the locations of trades, industries, and residences, and the location of buildings designed for specific uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the yards, courts, and other open spaces surrounding such buildings, the City of Maysville is hereby divided into districts of which there shall be ten (10) in number known as:
"A-1" Agricultural | |
"R-1" Single-Family Residential District | |
"R-2" Multi-Family Residential District | |
"R-3" General Residential District | |
"MH" Manufactured Home Park District | |
"C-1" Local Commercial District | |
"C-2" General Commercial District | |
"C-3" Planned Commercial District | |
"I-1" Light Industrial District | |
"I-2" Heavy Industrial District |
B.
The boundaries of these districts are shown upon the Zoning District Map for the City of Maysville, Missouri, which accompanies and is made a part of this Chapter. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth and described herein. The original of the Zoning District Map is properly attested and is on file with the City Clerk of the City of Maysville, Missouri.
C.
All territory which may hereafter be annexed to the City of Maysville shall be classified in the "A-1" Agricultural.
D.
Where uncertainty exists with respect to the boundaries of the various districts shown on the Zoning District Map, the following rules shall apply:
1.
Where a boundary line is given a position within a street, highway right-of-way, alley or stream it shall be deemed to be in the center of the street, highway right-of-way, alley or stream, and if the actual location of such street, highway right-of-way, alley or stream varies slightly from the location as shown on the Official Maysville Zoning Map, then the actual location shall control.
2.
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
3.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be constructed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be constructed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
4.
In subdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale shown on the Official Maysville Zoning Map.
E.
Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, or similar area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all the vacated area.
F.
Where lots have double frontage, the Planning and Zoning Commissioner and contractor will designate one (1) of the two (2) frontages as the front.
G.
Exceptions are as hereinafter provided:
1.
No building or land shall be used or occupied and no building or part thereof shall be erected, converted, or moved unless it is in conformity with the regulations specified for the district in which it is located.
2.
No building shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have a narrower or smaller rear yard, front yard, side yard, inner or outer court than is specified for the district in which such building is to be located.
3.
Whenever a property owner owns two (2) adjoining platted lots and wishes to build on said lots, one (1) of the following three (3) procedures will be followed:
a.
A property owner may build across the interior lot line, provided all other setback and yard requirements are met and provided further that said building would not interfere with any utility or easement.
b.
If said property owner does not build across the interior line of said lots, all yard requirements defined in this Chapter shall be met; and the remaining adjoining lot may not be considered for the purpose of meeting the said yard requirements as defined in this Chapter.
4.
Every building hereafter erected or structurally altered shall be located on a lot of record as recorded with the DeKalb County Recorder herein defined and in no case shall there be more than one (1) principal building on one (1) lot unless otherwise provided in this Chapter.
5.
Minimum lot area and lot width requirements shall not apply to lots of record as of the effective date of this Chapter.
H.
Any and all zoning questions or issues must go directly to the Planning Board, Zoning Commissioner, for verification or explanation of any zoning ordinance.
[Ord. No. 1997-16 § 2, 9-3-1997]
Section 405.040 A-1 Agricultural District.
[Ord. No. 1996-12 § 4, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "A-1" District. Agriculture in the "A-1" District, while important, is not regarded as a necessarily permanent land use. The intent is that parcels of land be rezoned to a more intensive use classification when the City determines that a more intensive structural development is appropriate and when the necessary public utilities are available.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Agriculture service establishments.
b.
Airports and private landing fields, with special use permit.
c.
Commercial agriculture.
d.
Commercial kennels and stables.
e.
Confined feedlots, with special use permit.
f.
Conservation areas for fauna/flora.
g.
Clubs, and commercial stables.
h.
Dairy farming.
i.
Structures customarily accessory to non-farm dwellings.
j.
Uses customarily accessory to farm operations.
k.
Fairgrounds.
l.
Forest preserve.
m.
Game refuge.
n.
Grazing and forage.
o.
Golf courses, play fields, parks, or campgrounds, with special use permit.
q.
Nurseries.
r.
Roadside stands selling only products grown or produced on that farm and set back from the right-of-way at least fifty (50) feet and with off-road parking for at least two (2) cars for each fifty (50) square feet of structure.
s.
Single-family homes.
t.
Transmission and distribution lines and pipelines of public utility companies within existing public rights-of-way, with special use permit.
u.
Private swimming pools appurtenant to single-family dwellings on the same lot, provided that the pool is surrounded by a non-climbable five-foot-tall fence.
[Ord. No. 2004-05 § 1, 6-3-2004]
v.
Manufactured housing.
[Ord. No. 2005-07 § 1, 6-1-2005]
2.
Height, Lot Size, And Area Regulations.
a.
Height. The maximum height of buildings permitted shall be as follows:
b.
Lot Size. The minimum lot size permitted shall be as follows:
(1)
Farms shall be on a lot having an area of not less than three (3) acres (129,780 square feet) and a width at the front lot line of not less than one hundred fifty (150) feet.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
(1)
Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than forty (40) feet.
(2)
Side Yard. On each lot, there shall be a side yard on each side of not less than thirty (30) feet.
(3)
Rear Yard. Every lot shall have a rear yard of not less than thirty (30) feet, or twenty percent (20%) of the depth of the lot, whichever is greater, but it need not exceed fifty (50) feet.
d.
Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than five percent (5%) of the area of the lot.
e.
Minimum Floor Area. The minimum floor area of the main floor of all detached single-family dwelling units shall be one thousand two hundred (1,200) square feet; provided, however, that the Zoning Commissioner may waive up to one-half percent (1/2%) of such floor area before filing an appeal with the Zoning Board of Adjustment. Such floor area shall include that of any attached living area, but not the floor area of attached carports or garages.
[Ord. No. 2005-07 § 2, 6-1-2005]
f.
Building Size. The narrowest side of any principal building on a lot shall be no less than twenty-four (24) running feet as measured from the narrowest point of the primary structure.
[Ord. No. 2005-07 § 2, 6-1-2005]
3.
Additional Requirements.
a.
Entry roads to property shall not be located within eighty (80) feet of an intersection of two (2) or more roadways.
b.
All non-farm dwelling units, farm buildings, and accessory structures on adjoining lots shall be separated a minimum of one hundred (100) feet from one another.
c.
Adequate area shall be maintained between sources of potable water and the septic tank leaching fields as required by the appropriate County department and the Missouri Department of Natural Resources.
d.
Structures for poultry, livestock, or fur-bearing animals shall be kept a minimum distance of three hundred (300) feet from the nearest neighboring residential dwelling. This does not apply to the usual keeping of household pets not for commercial use.
e.
No building permit shall be issued for a dwelling unit in the agricultural district for any parcel of land that is designated for commercial or industrial uses on the Future Land Use Plan of the City of Maysville.
f.
Minimum Pitch For Dwellings. Minimum roof pitch for a dwelling shall be 4/12.
[Ord. No. 2004-05 § 5, 6-3-2004]
Section 405.050 "R-1" Single-Family Residential District.
[Ord. No. 1996-12 § 5, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "R-1" Single-Family Residential District. The purpose of the "R-1" Single-Family Residential District is to provide areas more or less exclusively for single-family housing with relatively large lot sizes and more open space with other allowed uses designed primarily to serve residential areas.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Detached single-family dwellings.
b.
Publicly owned parks, playgrounds, community buildings, and municipal facilities including facilities such as fire stations and excluding facilities such as police stations.
c.
Golf courses, except miniature golf courses and driving ranges, with special use permit only.
d.
Public schools.
e.
Private schools having a curriculum conforming to State regulations and standards, with special use permit only.
f.
Child day-care facilities with under five (5) children and following all provisions of Article IX, Home Occupations.
h.
Group homes for handicapped/developmentally disabled persons managed by State-licensed firms, maintaining a minimum of six hundred (600) feet from any other group home.
i.
Cemeteries, including mausoleum, provided further, that any new cemetery shall contain an area of at least twenty (20) acres.
j.
Any pool over three (3) feet in height shall be required to be fenced, and said fence shall be required to be five (5) feet in height and shall be non-climbable, and shall further have no gap under the fence, but shall touch the ground. The fence shall also have a gate with a lock which shall be kept locked at all times said pool is not in use.
[Ord. No. 1999-11 § 1, 10-21-1999]
k.
Manufactured housing.
l.
Accessory buildings customarily incidental to the above uses and not involving the conduct of a business. Accessory buildings are subject to the restrictions established in Article V, Accessory Buildings, Uses and Structures.
m.
Temporary buildings for uses directly related to construction work, which buildings shall be removed upon occupancy of the completed structure, or completion abandonment of the construction work, whichever occurs first.
2.
Parking Regulations. Off-street parking space shall be provided in accordance with Article VII, Off-Street Parking and Loading.
3.
Height, Lot Size, And Area, Regulations.
a.
Height. The maximum height of buildings permitted shall be as follows:
(1)
All buildings thirty-five (35) feet and not over two and one-half (2 1/2) stories.
b.
Lot Size. The minimum lot size permitted shall be as follows:
(1)
Detached single-family dwellings shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the front lot line of not less than eighty (80) feet.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:
(1)
Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet.
(2)
Side Yard. On each lot, there shall be a side yard on each side of not less than fifteen (15) feet.
(3)
Rear Yard. Every lot shall have a rear yard of not less than thirty (30) feet, or twenty percent (20%) of the depth of the lot, whichever is greater, but it need not exceed fifty (50) feet.
d.
Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than thirty percent (30%) of the area of the lot.
e.
Minimum Floor Area. The minimum floor area of the main floor of all detached single-family dwelling units shall be one thousand two hundred (1,200) square feet, provided, however, that the Zoning Commissioner may waive up to one-half percent (1/2%) of minimum floor area, before filing an appeal with the Zoning Board of Adjustment. Such floor area shall include that of any attached living area, but not the floor area of attached carports or garages.
f.
Building Size. The narrowest side of any principal building on a lot shall be no less than twenty-four (24) running feet as measured from the narrowest point of the primary structure.
g.
Minimum Pitch For Dwellings. Minimum roof pitch for a dwelling shall be 4/12.
[Ord. No. 2004-05 § 6, 6-3-2004]
Section 405.060 "R-2" Multi-Family Residential District.
[Ord. No. 1996-12 § 6, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "R-2" Multi-Family Residential District. The purpose of the "R-2" Multi-Family Residential District is to provide for more compact single-family housing including attached single-family units and with multi-family housing allowed in locations compatible with the surrounding neighborhood.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Any use permitted in the "R-1" Single-Family Residential District, to include any restrictions imposed upon such use in said district.
b.
Multi-family dwellings of up to four (4) units per lot; multi-family dwellings of up to six (6) units per lot with a special use permit.
c.
Churches and other similar places of worship.
d.
Hospitals and institutions of an education, religious, charitable, or philanthropic nature, with special use permit only.
e.
Private swimming pools appurtenant to single-family dwellings on the same lot, provided that the pool is surrounded by a non-climbable five-foot-tall fence.
[Ord. No. 2004-05 § 2, 6-3-2004]
2.
Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Article VII, Off-Street Parking and Loading.
3.
Height, Lot Size, And Area Regulations.
a.
Height. The maximum height of buildings permitted shall be as follows:
(1)
Single-family and two-family dwellings, and all buildings other than churches and similar places of worship: thirty-five (35) feet and not over two and one-half (2 1/2) stories.
(2)
Churches and similar places of worship: seventy-five (75) feet for towers and steeples and not more than forty-five (45) feet for the principal buildings.
b.
Lot Size. The minimum lot size permitted shall be as follows:
(1)
Single-family dwellings shall be on a lot having and area of not less than seven thousand five hundred (7,500) square feet and a width at the front lot line of not less than seventy (70) linear feet.
(2)
All other buildings except hospitals shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the front lot line of not less than eighty (80) linear feet.
(3)
Hospitals shall be on a lot having an area of not less than two hundred seventeen thousand (217,000) square feet.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(1)
Front Yard. Each lot upon shall have a front yard of not less than thirty (30) feet.
(2)
Side Yard. On each lot there shall be a side yard on each side of not less than ten (10) feet. On lots upon which a church or similar place of worship, community building, museum, library, school, or other similar building is constructed, there shall be a side yard of not less than twenty (20) feet on each side of the main structure.
(3)
Rear Yard. Every lot shall have a rear yard of not less than twenty-five (25) feet, or twenty percent (20%) of the depth of the lot, whichever is greater, but it need not exceed thirty-five (35) feet.
(4)
Hospitals must be set back from all yard lines at least two (2) feet for each foot of building height.
d.
Percentage Of Lot Coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot.
e.
Minimum Floor Area. The minimum floor area of the main floor of all detached single-family dwelling units shall be one thousand (1,000) square feet and each unit in a multi-family structure shall be eight hundred (800) square feet, provided, however, that the Zoning Commissioner may waive up to one-half percent (1/2%) of such minimum floor area, before filing an appeal with the Zoning Board of Adjustment.
f.
Building Size. The narrowest side of any principal building on a lot shall be no less than twenty-four (24) running feet as measured from the narrowest point of the primary structure.
g.
Minimum Pitch For Dwellings. Minimum roof pitch for a dwelling shall be 4/12.
[Ord. No. 2004-05 § 7, 6-3-2004]
Section 405.070 "R-3" General Residential District.
[Ord. No. 1996-12 § 7, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "R-3" General Residential District. The purpose of the "R-3" General Residential District is to provide for compact residential development, including multi-family housing, with provisions for adequate light, air, and open space.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Any use permitted in the "R-2" Multi-Family Residential District, to include any restrictions imposed upon such use in said district.
b.
Multiple-family dwellings, subject to the provisions of site plan review under Article XI, Site Plan Review.
c.
Accessory buildings incidental and subordinate to the use of a multiple-family dwelling; buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use exclusively of persons residing within that multi-family dwelling. Accessory buildings and uses are subject to the restrictions established in Article XI, Site Plan Review.
d.
Rooming, boarding, or lodging houses, with special use permit only.
e.
Nursing, rest, convalescent homes or congregate housing with special use permit only.
f.
Fraternal organizations and other private clubs, excluding skeet or gun clubs and those whose chief activity is a service customarily carried on as a business.
g.
Child or day-care center, or nursery school, with special use permit only.
h.
Museums, libraries, or art galleries.
i.
Church bulletin boards or identification signs for permitted public and semi-public uses may not exceed thirty-two (32) square feet in area. The top of the sign may be no more than eight (8) feet above the ground. All signs shall also be in conformance with Article V, Accessory Buildings, Uses and Structures.
j.
Nameplates for multi-family dwellings and rooming, boarding or lodging houses not exceeding five (5) square feet in area and attached to the wall at the entrance of the building and lighted only with indirect, non-intermittent light.
k.
Private swimming pools appurtenant to single-family dwellings on the same lot, provided that the pool is surrounded by a non-climbable five-foot-tall fence.
[Ord. No. 2004-05 § 3, 6-3-2004]
2.
Parking Regulations. Off-street parking space shall be provide in accordance with the requirements for specific uses set forth in Article VII, Off-Street Parking and Loading.
3.
Height, Lot Size, And Area Requirements.
a.
Height. The maximum height of buildings permitted shall be as follows:
(1)
Detached single-family dwellings and two-family dwellings: thirty-five (35) feet and not over two and one-half (2 1/2) stories.
(2)
All other buildings: forty-five (45) feet and not over three (3) stories, except that towers or steeples on churches or similar places of worship may not exceed seventy-five (75) feet.
b.
Lot Size. The minimum lot size permitted shall be as follows:
(1)
Detached single-family dwellings shall be on a lot having an area of not less than five thousand (5,000) square feet and a width at the front lot line of not less than fifty (50) feet.
(2)
Two-family dwellings shall be on a lot having an area of not less than six thousand five hundred (6,500) square feet and a width at the front lot line of not less than sixty-five (65) feet.
(3)
Multiple-family dwellings shall be on a lot having an area of five thousand three hundred (5,300) square feet for the first unit plus one thousand two hundred (1,200) square feet for each additional unit up to twelve (12) and seven hundred and fifty (750) square feet for each additional unit over twelve (12) and a width at the front lot line of not less than seventy five (75) feet.
(4)
All other uses shall be on a lot having an area of not less than seven thousand five hundred (7,500) square feet and a width at the front lot line of not less than seventy-five (75) feet.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(1)
Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet.
(2)
Side Yard. Each lot upon which a building is constructed shall have a side yard on each side of not less than eight (8) feet, except that any building of three (3) stories shall have a side yard on each side of not less than ten (10) feet.
(3)
Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty (20) feet.
(4)
No rear yard requirements for multiple-family dwellings and non-residential buildings.
d.
Percentage Of Lot Coverage. All buildings including accessory buildings shall not cover more than forty percent (40%) of the area of the lot.
e.
Minimum Floor Area. The minimum floor area of the main floor of all detached single-family and two-family dwelling units in the "R-3" District shall be one thousand (1,000) square feet; provided, however, that the Building Official may waive up to one-half percent (1/2%) of such minimum floor area before filing an appeal with the Zoning Board of Adjustment. Such floor area shall include that of any attached living area, but not the floor area of attached carports or garages. All attached single-family and multiple-family dwelling units shall be subject to site plan review.
f.
Building Size. The narrowest side of any principal building on a lot shall be less than twenty-four (24) running feet as measured from the narrowest point of the primary structure.
g.
Minimum Pitch For Dwellings. Minimum roof pitch for a dwelling shall be 4/12.
[Ord. No. 2004-05 § 8, 6-3-2004]
Section 405.080 "MH" Manufactured Home Park District.
[Ord. No. 1996-12 § 8, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "MH" Manufactured Home Park District. The purpose of the "MH" Manufactured Home Park District is to provide suitable locations for the placement of manufactured homes, with safeguards for the health and safety of manufactured home residents.
1.
Use Regulations. A building or premises shall be used only for the following purpose:
a.
Single-family manufactured homes.
b.
Single-family dwellings.
c.
Mobile homes.
d.
Accessory buildings customarily incidental to the above uses and not involving the conduct of a business. Accessory buildings are subject to the restrictions established in Article V, Accessory Buildings, Uses and Structures.
e.
Accessory buildings incidental and subordinate to a manufactured home park; buildings housing such facilities as laundromat, nurseries, etc., and only when such facilities are intended for the use of persons residing within the district. Accessory buildings and uses are subject to the restrictions established in Article XI, Site Plan Review.
f.
One freestanding sign advertising only the name, address, and telephone number of the manufactured home park and not exceeding thirty-two (32) square feet in area.
g.
Temporary signs not exceeding ten (10) square feet in area. Larger temporary signs may be erected with approval by the Zoning Board. All signs shall also be in conformance with Article VI, Signs, of this Chapter.
h.
Private swimming pools appurtenant to single-family dwellings on the same lot, provided that the pool is surrounded by a non-climbable five-foot-tall fence.
[Ord. No. 2004-05 § 4, 6-3-2004]
2.
Parking Regulations. Off-street parking shall be provided according to the requirements for specific uses set forth in Article VII, Off-Street Parking and Loading.
3.
Height, Lot Size, And Area Regulations.
a.
Height. The maximum height of buildings or other structures shall be eighteen (18) feet or not over one and one-half (1 1/2) stories.
b.
Lot Size. The minimum area for a manufactured home park and the minimum lot size permitted for manufactured homes and other structures shall be as follows:
(1)
Each manufactured home park lot shall contain a minimum area of not less than seven thousand (7,000) square feet and a width at the front lot line of not less than fifty (50) feet.
c.
Area. No manufactured home shall be located within a manufactured home park, and no building or structure shall be erected or enlarged, unless the following yards and setbacks are provided and maintained:
(1)
Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than twenty (20) feet.
(2)
Side Yard. Each lot upon which a manufactured home is placed shall have a side yard on each side of not less than eight (8) feet.
(3)
Rear Yard. Each lot upon which a manufactured home is placed shall have a rear yard of not less than twenty (20) feet.
(4)
The manufactured homes shall be located not less than six (6) feet from the exterior boundary of the manufactured home park and thirty (30) feet from any bounding street right-of-way. Accessory buildings and all other structures shall be located not less than thirty (30) feet from the exterior boundary of the manufactured home park or a bounding street right-of-way.
Section 405.090 "C-1" Local Commercial District.
[Ord. No. 1996-12 § 9, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-1" Local Commercial District. The purpose of the "C-1" Local Commercial District is to provide for retail trade and personal services to meet the regular needs and for the convenience of residents of adjacent residential areas. "C-1" Local Commercial Districts are intended to be a closely associated and an integral element of local neighborhoods.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Accessory residential uses when the owner or operator of a commercial use has a dwelling unit contiguous to, or a part of, a business establishment.
b.
Apparel and clothing accessories stores and sporting goods stores.
c.
Art, book, photo supply, school supply, and stationary stores; artist or photographic studios.
d.
Banks and savings-and-loan institutions and their branch facilities, including drive-in facilities.
e.
Barbershops and beauty parlors.
f.
Business, government, institutional, professional, or medical offices.
g.
Churches and other similar places of worship.
h.
Community facilities including such uses as community buildings, fire station, libraries, parks, police station, and other facilities.
i.
Department or variety store and jewelry or watch repair store.
j.
Dressmaking, tailoring, and dry cleaning and pressing.
k.
Drugstores and medical prescription centers.
l.
Florist, gift, or card shops; greenhouse associated with florists shops with special use permit only.
m.
Hardware or household appliance sales and repair, bicycle sales and repair shops.
n.
Movie rental outlets.
o.
Private clubs and other fraternal organizations.
p.
Retail food stores, including grocery stores, meat markets or delicatessens, ice cream or candy store, bakeries and processing for retail trade on the premises only.
q.
Restaurants, cafes, and lunch rooms, excluding drive-in facilities.
r.
Any other type of retail store not specifically permitted herein, when authorized by the City Planning and Zoning Commission and only when such use is consistent with the usage in C-1.
s.
Accessory buildings and accessory uses customarily incidental to the above uses, subject to the restrictions established in Article V, Accessory Buildings, Uses and Structures:
(1)
Signs shall be painted on a vertical surface of the building or attached flat against a wall of the building. An attached sign shall not project more than twelve (12) inches from the building if mounted parallel to the wall or four (4) feet if mounted perpendicular to the wall.
(2)
Signs shall not project above the principal roof of a building, except that a sign may be attached flat against or painted on a parapet-wall extending not more than three (3) feet above such roof line.
(3)
Signs perpendicular to the wall shall not exceed sixteen (16) square feet.
2.
Access, Parking And Loading Regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII, Off-Street Parking and Loading.
3.
Height, Lot Size, And Area Regulations.
a.
Height. The maximum height of buildings permitted shall be as follows:
b.
Lot Size. The minimum lot size permitted shall be as follows:
(1)
All uses shall be on a lot having an area of not less than two thousand five hundred (2,500) square feet and a width at the front lot line of not less than twenty-five (25) feet.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
d.
Percentage Of Lot Coverage. All non-commercial buildings, including accessory buildings, shall not cover more than ninety percent (90%) of the area of the lot.
Section 405.100 "C-2" General Commercial District.
[Ord. No. 1996-12 § 10, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-2" General Commercial District. The purpose of the "C-2" General Commercial District is to provide areas for general commerce and services typically associated with major thoroughfares.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Any use permitted in "C-1" Local Commercial District, to include any restrictions imposed upon such use in said district.
b.
Automobile parking lots and automobile or trailer display and sales office including used cars sales or storage lot.
c.
Automobile service and filling stations, provided that storage tanks are underground.
d.
Banks and other financial institutions, with drive-in facilities.
e.
Bus terminal or taxi station.
f.
Business or commercial school, and dancing or music academy.
g.
Display room for merchandise to be sold at wholesale where merchandise is stored elsewhere.
h.
Frozen food locker or milk distributing station.
i.
Funeral homes or mortuaries.
j.
Furniture and home furnishings store.
k.
Hotel or motel.
l.
Newspaper office or printing shop.
m.
Radio or television broadcasting station or studio.
n.
Residential or outpatient facilities for the treatment of alcohol and other drug abuse, with special use permit only.
o.
Self-service storage facilities, with special use permit only.
p.
Veterinarian or animal hospital.
r.
Any other similar type of retail, general service, or repair establishment not specifically permitted herein, when authorized by the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "C-2" General Commercial District regulations.
s.
Accessory buildings and accessory uses customarily incidental to the above uses, when located on the same lot and subject to the restrictions established in Article V, Accessory Buildings, Uses and Structures.
t.
Outdoor advertising sign or structure displayed under the following conditions and in conformance with Article VI, Signs:
(1)
All signs shall contain only the name of business establishments on the premises, the principal business conducted on the premises, or commodities, services, or products sold or offered on the premises that the sign occupies.
(2)
Attached signs in excess of thirty-two (32) square feet in area shall be painted on a vertical surface of the building or attached flat against a wall of the building. An attached sign shall not project more than twelve (12) inches from the building if mounted parallel to the wall or four (4) feet if mounted perpendicular to the wall and shall not project above the principal roof of a building; except that a sign may be attached flat against or painted or painted on a parapet wall extending not more than three (3) feet above such roof line.
(3)
Detached, freestanding ground signs or structures containing not more than one hundred (100) square feet in sign face area [if double-faced, the area of the sign shall be the area of one (1) face of the sign], provided that not more than one (1) such sign shall be permitted on any lot or tract.
2.
Access, Parking And Loading Regulations.
a.
Where access to a commercial or multiple-family use or structure will require a driveway and off-street parking, only one (1) point of ingress or egress located at least thirty (30) feet from any intersecting street corner shall be permitted. Additional points of access may be granted with a special use permit.
3.
Height, Lot Size, And Area Regulations.
b.
Lot Size. The minimum lot size permitted shall be as follows:
(1)
All other buildings shall be on a lot having an area of not less than five thousand (5,000) square feet and a width at the front lot line of not less than fifty (50) feet.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:
(1)
Front Yard. Each lot shall be set back off the street right-of-way by at least ten (10) feet.
(2)
Side Yard. There are no side yard requirements, except a side yard of eight (8) feet shall be provided where such lot abuts a residential district.
(3)
Rear Yard. There are no rear yard requirements, except when alongside a residential district, and then twenty-five (25) feet shall be provided.
d.
Percentage Of Lot Coverage. There are no lot coverage requirements for non-residential buildings and structures.
Section 405.110 "C-3" Planned Commercial District.
[Ord. No. 1996-12 § 11, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when Referred to in this Section, are the regulations of the "C-3" Planned Commercial District. The purpose of the "C-3" Planned Commercial District is to provide for modern retail shopping facilities and office parks of integrated design in appropriate locations to serve residential neighborhoods.
1.
"C-3" Planned Commercial Districts shall be laid out and developed as a unit according to an approved site plan.
2.
The land and building and appurtenant facilities shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control.
3.
The owner or owners of any tract or land may submit to the Zoning Board a plan for the use and development of all or part of such tract for the purpose of meeting the requirements set forth in the section, either as a separate proposal or as a part of a community unit plan as provided for in Article IV, Planned Unit Development.
4.
Within the "C-3" Planned Commercial District, a building or premises may be used only for the retail sale of merchandise, services, recreation, parking areas, office space and other facilities ordinarily accepted as shopping center uses. The shopping center shall be designed as a whole, unified single project in the compliance with the following requirements and, if built in stages, each stage shall conform to the approved plan.
a.
The aggregate gross area of all buildings shall not exceed fifty percent (50%) of the entire lot area of the project and all buildings shall be set back at least thirty (30) feet from all lines of streets adjoining the shopping center site.
b.
Off-street parking spaces shall be provided in the ratio of not less than six (6) parking spaces for each one thousand (1,000) square feet of the floor area in the buildings in the project.
c.
All roads, parking and loading areas and walks shall be paved with hard surface material meeting applicable specifications of the City of Maysville.
d.
Any part of the project area not used for buildings or other structures, or for parking, loading, or access, shall be landscaped with grass, trees, shrubs or pedestrian walks.
e.
No building shall exceed three (3) stories or forty-five (45) feet in height.
f.
Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways and building setbacks and height limitations may be imposed by the Zoning Board for the protection of adjoining residential property.
5.
If required by the Planning and Zoning Board the applicant shall file a surety bond to ensure the construction of the shopping center within the period specified, such period not to exceed three (3) years. No such bond shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to the estimated cost of constructing the shopping center, and in a form with surety and conditions approved by the City Attorney. In the event the shopping center is not constructed, it shall revert to the same zoning classification existing prior to the change to the "C-3" District and the district regulations in force prior the establishment of the commercial district shall thereupon be in full force and effect.
Section 405.120 "I-1" Light Industrial District.
[Ord. No. 1996-12 § 12, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "I-1" Light Industrial District. The purpose of the "I-1" Light Industrial District is to provide areas for light industrial uses that create a minimum amount of nuisance outside the plan; are conducted entirely within enclosed buildings; use the open area around such buildings only for limited storage of raw materials of manufactured products and provide for enclosed loading and unloading berths when feasible.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Any use permitted in the "C-2" General Commercial District.
b.
Assembly and manufacture for prefabricated parts of household appliances, electronic and similar products, or the processing or assembling of parts for the production of finished small machinery or equipment.
c.
Building material or contractor's equipment storage, but not including mixing plants for concrete, cement, or paving materials.
d.
Building material or lumber yards wholly with in enclosed structures and with no mill work done.
e.
Cabinet-making establishments and carpenter shops which use no motors larger than ten (10) horsepower.
f.
Commercial garage, automobile repair or body shop.
g.
Farm machinery and equipment sales, storage and repair, feed and seed mills.
h.
Motorcycle repair.
i.
Public works buildings, utility service yards, or electrical stations.
j.
Research, design and development firms, experimental or testing laboratory.
k.
Sheet metal, plumbing, welding, or machine shops.
l.
Wholesale or distributing establishment or warehouse.
m.
Industries not employing more than ten (10) persons on the premises in a single shift, not including persons whose principal duties are off the premises.
n.
Accessory building and accessory uses customarily incidental to the above uses, subject to the restrictions established in Article V, Accessory Buildings, Uses and Structures.
o.
Outdoor advertising sign or structure displayed under the following conditions and in conformance with Article VI, Signs:
(1)
Signs shall contain only the name of the business establishments on the premises and the principal businesses conducted.
(2)
Attached signs in excess of thirty-two (32) square feet in area shall be painted on a vertical surface of the building or attached flat against a wall of the building. An attached sign shall not project more than twelve (12) inches from the building if mounted parallel to the wall or four (4) feet if mounted perpendicular to the wall and shall not project above the principal roof of a building; except that a sign may be attached flat against or painted or painted on a parapet wall extending not more than three (3) feet above such roof line.
(3)
Detached, freestanding ground signs or structures containing not more than one hundred (100) square feet in sign face [if doubled-faced, the area of the sign shall be the area of one (1) face of the sign], provided that any such sign shall be permitted on any lot or tract. Any detached sign with the base of the sign face less than ten (10) feet above any adjacent street grade shall be located at least ten (10) feet from the pavement edge or curbline of the adjacent street or streets.
p.
All uses permitted herein shall not be obnoxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noise, or vibrations beyond the confines of the premises.
2.
Storage Of Products, Materials And Equipment. The storage of products, materials, or equipment incidental to the above uses shall be permitted under the following conditions:
a.
All products, materials, and equipment used in connection with the use shall be enclosed within a building or enclosed by a structural screen, fence, wall, or planting sufficient to screen the storage area from view.
3.
Access, Parking, And Loading Regulations.
a.
Only one (1) point of ingress or egress located at least thirty (30) feet from any intersecting street corner shall be permitted. Additional points of access may be granted with a special use permit only. All driveways for ingress and egress shall have a minimum of twelve (12) feet and a maximum of twenty-four (24) feet in width for each traffic lane. Two (2) or more property owners having an approved legal agreement describing their joint right to property access may jointly share a driveway or access road.
4.
Height, Lot Size, And Area Requirements.
a.
Height. The maximum height of buildings permitted shall be forty five (45) feet and not over three (3) stories.
b.
Lot Size. There is no minimum lot size or front lot line width requirements for uses allowed in the "I-1" Light Industrial District.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement.
(1)
Front Yard. Each lot upon which a building is constructed shall have a right-of-way of at least twenty (20) feet.
(2)
Side Yard. No side yards are required, except a side yard of ten (10) feet shall be provided where such use abuts a residential district.
(3)
Rear Yard. No rear yards are required, except that a rear yard of twenty-five (25) feet shall be provided where such use abuts a residential district.
d.
Percentage Of Lot Coverage. There are no lot coverage requirements for uses allowed in the "I-1" Light Industrial District, other than those specified in this Section.
5.
Buffer Areas. Where industrial uses abut a residential district, an adequate buffer or screen shall be provided to visually screen the industrial use from the residential area. The buffer shall consist of a planting screen of suitable shrubbery maintained at a minimum height of eight (8) feet and being a minimum of eight (8) feet wide or suitable fencing a minimum of eight (8) feet in height.
Section 405.130 "I-2" Heavy Industrial District.
[Ord. No. 1996-12 § 13, 9-18-1996]
A.
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "I-2" Heavy Industrial District. The purpose of the "I-2" Heavy Industrial District is to district is to provide areas for industrial uses; are conducted entirely within enclosed buildings; and provide for enclosed loading and unloading berths when feasible.
1.
Use Regulations. A building or premises shall be used only for the following purposes:
a.
Any industrial use allowed in the "I-1" Light Industrial District.
b.
Concrete products manufacture and central mixing plant.
c.
Dwelling for a resident watchman or caretaker employed on the premises.
d.
Freighting, transportation storage, and trucking yard or terminal.
e.
Grain elevator and feed mill.
f.
Manufacturing, compounding, processing, packaging plants.
g.
Petroleum product storage, with special use permit only, and only after the location and treatment of the premises have been approved by the Fire Chief.
h.
Warehouse storage or distributing facility, including wholesale storage.
i.
Accessory buildings and accessory uses customarily incidental to any of the above uses, subject to the restrictions established in Article V, Accessory Buildings, Uses and Structures.
j.
Outdoor advertising sign or structure, subject to the following conditions and in conformance with Article VI, Signs.
(1)
Plans for all signs must be submitted to the Zoning Board prior to issuance of a permit for erection.
(2)
A temporary sign relating to the announcement of a proposed building or plant location and not exceeding thirty-two (32) square feet may be located on a lot for a period of not more than one (1) year unless an extension is authorized in writing by the Planning and Zoning Commission.
k.
All uses permitted herein shall not be noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noise, or vibrations beyond the confines of the premises.
2.
Sight Obstruction. No sign, fence, wall, hedge, or shrub planting which will obstruct sight lines along roadways within the Heavy Industrial District shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five (25) feet from the point intersection of the extended right-of-way lines.
3.
Handling And Storage Of Waste And Refuse. No waste material or refuse shall be placed upon or permitted to remain on any part of the property outside the buildings constructed thereon. In the event of non-compliance within a fifteen-day period, the City shall have the right to enter onto the property of the owner in question and remove such waste or refuse and charge the cost of such removal to the property owner. If such charge is not paid within ten (10) days after the receipt of notification of the charge thereof, it shall become a lien on the property in question as provided elsewhere hereunder.
4.
Location Of Electrical Lines. Electric utility poles, lines, and support systems shall be placed on the rear one-third (1/3) of each lot and positioned in such a manner as to enhance the attractiveness of the area. Any exceptions to this provision must have prior written approval of the Zoning Board.
5.
Modification Of City Property. No alterations or modifications of streets, curbs, gutters, storm drainage, or other City property located in a Heavy Industrial District shall be undertaken without prior written approval of the City Board of Alderman.
6.
Storage Of Products, Materials, And Supplies. No products, materials or supplies shall be stored or permitted to remain to remain on any part of the property outside of the buildings constructed thereon unless such materials are stored behind a building or on the rear one-third (1/3) of the lot and screened from view from the adjoining property. Bulk storage of all liquids, including gasoline or petroleum products, may be placed outside of buildings in rear or side yards if completely screened from view and installed and maintained in conformance with all applicable local, State, and Federal safety standards. Exceptions to these storage and screening requirements must be approved in writing by the Zoning Board.
7.
Access, Parking, And Loading Regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article VII, Off-Street Parking and Loading. In addition, the following provisions shall apply in the "I-2" Heavy Industrial District.
a.
Access. Access requirements shall be the same as those for the "I-1" Light Industrial District.
b.
Parking. Employee, customer, owner, or tenant parking shall not be permitted on public streets and all such parking facilities shall be provided in off-street areas. All off-street parking spaces shall be set back a minimum of ten (10) feet from the street right-of-way and all parking areas and associated drives shall be paved with a sealed-surface pavement and properly maintained. Setbacks of less than ten (10) feet may be allowed if a special use permit therefor is granted. Off-street parking areas shall provide one (1) parking space for every two (2) employees on the maximum working shift, plus one (1) space to accommodate each truck or other vehicle used in connection therewith.
c.
Loading. No loading docks or truck entrance doors shall be constructed or located fronting on any street unless otherwise approved in writing by the Planning and Zoning Commission.
8.
Height, Lot Size, And Area Regulations.
a.
Height. The maximum height of buildings permitted shall be sixty (60) feet and not over four (4) stories.
b.
Lot Size. There are no minimum lot size or front line width requirements for uses allowed in the "I-2" Heavy Industrial District.
c.
Area. No building or structure shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement.
(1)
Front Yard. Each lot upon which a building is constructed shall be set back off the street right-of-way by at least twenty (20) feet.
(2)
Side Yard. No side yard requirements.
(3)
Rear Yard. No rear yard requirements.
(4)
Fences And Walls. No fence or wall shall be permitted to extend beyond the yard lines established above, except by written approval of the Zoning Board.
d.
Percentage Of Lot Coverage. There are no lot coverage requirements for uses allowed in "I-2" Heavy Industrial District.