Moscow Mills City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 46.145 Accessory buildings or structures, alterations and additions.
A.
All accessory structures shall be permitted with the following provisions and requirements:
1.
Any attached building or structure shall be considered as a part of the principal or main building and conform to all regulations applicable to said principal building.
2.
In residential zoning districts, accessory buildings or structures shall include, but not be limited to, the following: greenhouses, swimming pools, garages (attached-unattached) and similar uses.
3.
The minimum distance of an accessory building or structure from any side or rear property line shall be six feet. No accessory building or structure is permitted within the front building setback area.
4.
No principal building or structure or accessory building or structure shall be located within or partially within a designated utility easement.
5.
An accessory building or structure in a residential district shall not exceed 1/2 of the ground floor area of the principal building.
6.
All accessory buildings shall be ancillary to the main building and use on the subject property; and, no accessory building may be used for a separate business or use.
§ 46.150 Adult-oriented businesses.
A.
Adult-oriented businesses, including businesses limited to 25% of the general sales area, shall be limited to the following.
§ 46.155 Animals.
A.
In all residential zoning districts, domestic animals may be kept by the occupant of a dwelling unit. These animals may not be used or kept for commercial or resale purposes, or so as to cause a public nuisance.
B.
Farm animals may only be kept in conjunction with an agricultural operation or riding stable and only in an A-1 zoning district. No stable or shed providing shelter for said animals shall be closer than 50 feet to any property line. In no case shall a horse or pony be kept on a lot of less than one acre.
C.
No person shall keep any wild or vicious animal display or exhibition purposes, whether gratuitously or for a fee. This shall not be construed to apply to zoological parks, performing exhibitions or circuses. No person shall keep or permit to be kept any wild animal as a pet.
§ 46.160 Annexation of new territories.
A.
All new territories which may hereafter be annexed to the City shall be reclassified to a zoning classification according to the following procedure(s).
B.
Within 60 days following the date of annexation, the Planning and Zoning Commission shall recommend a zoning classification for all new territories to the Board of Aldermen. The Board, within 120 days following the date of annexation shall establish zoning for all newly annexed territories. All property owners within the territories in question will be contacted by the City and be given a reasonable opportunity to request a specific zoning classification. In any case, the Board of Aldermen shall be the final party regarding the determination of all zoning classifications and may consider, but not be limited to, the following criteria:
C.
Prior to the date on which the Board of Aldermen votes to annex territory requested to be voluntarily annexed by its' owner, the Planning and Zoning Commission may consider a zoning reclassification of the specified territory and may hold a Public Hearing thereon in order to make a zoning reclassification recommendation to the Board of Aldermen. Such Public Hearing shall be held according to the laws and Ordinances governing rezoning of property. If the Board of Aldermen receives the Planning and Zoning Commission's recommendation at least 30 days prior to when the Board is scheduled to vote on the annexation, the Board of Aldermen may cause at least 15 days' notice of a Public Hearing on the zoning reclassification, to be held immediately after the Board of Aldermen votes to approve the annexation. After such Public Hearing, the Board may, by Ordinance, enact the zoning classification or classifications for such territory.
D.
No building or structure may be erected on the newly annexed territory until it has been zoned, nor shall any different or new use be permitted, except that any use established prior to annexation shall be permitted. If the established use falls under the definition of a "grandfathered use" that use may be continued by the owner of the territory at the time of annexation but such use may not be expanded, changed or assigned.
E.
No contractual zoning shall be permitted. Contractual zoning is defined as when an individual landowner agrees to voluntarily annex or consent to annexation in return for a specified zoning classification.
§ 46.165 Building structures for temporary or emergency use.
A.
No temporary structure (including trailers, mobile or manufactured) shall be occupied for any residential, commercial or industrial use except as specifically permitted or required by this chapter. However, the City Board of Aldermen may allow a temporary office or shelter incidental to new development. Occupancy of structures for emergency conditions such as fire, explosion or disaster shall be allowed until conditions are abated.
B.
"Temporary" for the purpose of this section shall refer to a period not to exceed one year. The City Board of Aldermen may extend the period where a need can be demonstrated.
§ 46.167 Shipping containers.
Shipping containers are not an acceptable type of material or structure for use as residential homes or accessory buildings. Hence, "shipping containers" of any type, with the intent that they be occupied as a residence or used as an accessory building, are not allowed in the City.
§ 46.168 "Tiny" homes.
"Tiny" homes, defined as a residence having a total square feet of 500 or less, are not allowed in the City.
§ 46.169 Driveway pad materials.
All residential structures must have a concrete or asphalt driveway. No gravel or rock driveways pads are allowed in any residential district. Parking of accessory vehicles and recreational vehicles, including but not limited to boats, campers, trailers, and work-related vehicles shall be on concrete or asphalt surfaces only. This prohibition does not apply to driveways or parking pads located in "Special Old Town District"; alternate driveway and parking pad materials may be permitted upon review and approval by the Planning and Zoning Commission as are other improvements within said district.
§ 46.170 Building, maximum height and exceptions.
The height limitations of this chapter shall not apply to church spires, domes or skylights, ventilators, water tanks, parapet walls, or necessary mechanical appurtenances usually carried above the roof level.
§ 46.175 Building, one principal or main building per lot.
Except as otherwise specifically provided for in this chapter, only one principal or main building shall be permitted on a lot. No portion of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with provisions of this chapter shall be included as an area, frontage or yard for another lot, building or use.
§ 46.180 Building grades.
A.
Any building site shall have a sloping grade and shall be maintained to cause the flow of surface water to flow away from the walls of the building. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance.
B.
When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the new building and the yard around the new building shall be graded in such a manner as not to alter the natural flow of water across adjacent properties.
§ 46.185 Child care facilities - licensing process.
Any organization or person planning to offer day care for five or more children, except those coming under the exception of the law, shall apply for a license and meet the licensing rules before accepting more than four unrelated children for care.
§ 46.190 Communication towers.
A.
Communication towers, except towers owned or operated by the City of Moscow Mills, shall not exceed 100 feet unless approved by a Special Use Permit.
B.
No two towers, except towers owned or operated by the City of Moscow Mills, shall be located within a 1,000-foot radius. The distance shall be calculated from the center of the base of the tower.
C.
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 the built-environment.
D.
Landscaping and/or sight-proof fencing shall be required around the base of the communication tower and around ancillary structures as approved by the Planning and Zoning Commission on a sketch plan. Landscaping shall be required to effectively screen ancillary structures from adjacent development and roadways as deemed necessary by the Planning and Zoning Commission.
E.
Antennas on the structures, including signage, shall be as approved by the Planning and Zoning Commission. Height requirements and aesthetic treatments may be imposed by the Planning and Zoning Commission.
§ 46.195 Corner visibility.
Within the sight-distance area of a corner lot, no sign, telephone booth, planting, or other obstruction to vision shall be erected, planted or maintained so as to substantially obstruct the view of traffic at an intersection. Corner lots along residential streets and minor collector streets which shall have a sight-distance area that extends 30 feet from the point of intersection of the two streets adjacent to the corner lot.
§ 46.200 Design standards for modular homes.
Every modular home installed or located within the City of after the effective date of this Ordinance shall comply with the following standards and requirements:
A.
The modular home unit must be partially or entirely manufactured in a factory;
B.
Every single-family detached modular dwelling hereafter erected shall contain a floor area, exclusive of garage space and area over open porches, of a minimum of 1,100 square feet of livable floor space completely above grade.
C.
The modular home must be set on an excavated, backfilled, engineered foundation or basement enclosed at the perimeter so that the top of the perimeter wall sits no more than 12 inches above the finished grade. The foundation shall be similar in appearance and durability to the foundation of a site-built dwelling.
D.
The finished home must have brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of the wall section) downward to the top of the exposed perimeter foundation. The exterior siding of the finished home must have the same appearance as materials commonly used on residential dwellings.
E.
The finished home must have a pitched roof with a pitch of at least a four in 12. The roof must be covered with shingles, shakes, or tile. Eaves of the roof must extend at least 10 inches from the intersection of the roof and the exterior walls;
F.
The finished home must have color-coordinated body and trim. Colors of both the factory components and the site-built components shall be the same;
G.
The finished home must have windows that are wood, vinyl coated or anodized aluminum;
H.
The main entrance to the finished home must face, or be oriented toward, an adjacent street;
I.
Any transportation mechanisms must be removed;
J.
No finished home shall be occupied for dwelling purposes unless it is properly placed and connected to water, wastewater, electric and gas utilities, as appropriate.
K.
Mobile and manufactured homes (see "Definitions") are not modular homes. Mobile and manufactured homes are only allowed in permitted mobile home parks or as provided for elsewhere in this chapter.
§ 46.205 Exterior treatment of exposed foundations.
Any exposed foundation wall on any new structure as defined in this chapter shall be treated with an appropriate substance to complement the appearance of the structure on the front exposure or elevation only.
§ 46.210 Exterior waste container enclosure requirements.
A.
Trash containers shall be enclosed and screened per the requirements of each zoning District. Where a trash enclosure is required, the following conditions shall apply:
1.
All exterior waste containers shall be located on a paved surface. If a floor drain is installed outside the waste container to serve the waste container, the pad shall not exceed three feet on any side of the actual dumpster. The pad shall be sloped towards the floor drain which shall be directed to the sanitary sewer system through the grease interceptor structure. Drainage beyond the waste container area shall be directed towards the storm sewer system.
2.
Reinforced concrete approaches shall be provided in front of the access doors to the screened area; the approaches shall be a minimum of 20 feet in length and at least as wide as the screened area.
3.
Unless otherwise specified in the specific zoning District requirements, all screening of waste containers shall be a masonry or vinyl fence material.
§ 46.215 Fence requirements.
A.
The following general fence provisions shall apply to all zoning Districts:
1.
A permit shall be required for the erection, installation or alteration of any fence within the City of Moscow Mills.
2.
No fence, wall, shrub, or hedge shall be constructed or altered to exceed six feet in height except as indicated in the specific district regulations as follows.
3.
It shall be unlawful for any person to paste, stick, or by other means attach or place upon any fence any indecent, obscene, immoral or vulgar words or images, or any advertisement, poster, or circular.
4.
No person shall erect, or cause to be erected, maintain, or cause to be maintained, any fence or enclosure of which any part is charged with or designed to be charged with the electrical current except as specified in the A-1 Agricultural District.
5.
In the case of fences constructed over dedicated utility easements, the City shall not be responsible for the replacement of said fence due to its removal. It is required that the property owner contact the City Engineer or developer for location of above-mentioned easements.
6.
In no case shall a fence be erected so as to enclose or block a stormwater catch basin, culvert, or other stormwater structure in any development. It shall be the responsibility of the Building Inspector to inspect such violations and make a written report to the City.
7.
All fences erected prior to enactment of this chapter shall be considered nonconforming and as such shall be allowed to remain in place. However, at such time when the parcel or lot in question is sold, transferred or leased to another party, the fence will be either brought into conformity or removed.
8.
All fencing must be maintained in good condition at all times. "Good condition" is hereby defined to include, but shall not be limited to, replacement of damaged boards, staining or painting of surfaces and removal of rust.
9.
Fence completion shall occur within six months from the start of construction.
10.
When a fence is facing a public street, the improved side of the fence shall be oriented to the street.
B.
Fence Regulations For A-1 Agricultural District. Electrified and barbed wire fences shall be permitted in the A-1 Agricultural District when used in connection with an approved agricultural operation.
C.
Fence Regulations For R (Residential) Districts.
1.
The use of barbed wire, hardware wire, aluminum or galvanized steel chain-link fence is prohibited in any residential district. Vinyl-clad chain-link fencing is permitted. This prohibition does not apply to fences located in "Special Old Town District"; said fences are permitted upon review and approval by the Planning and Zoning Commission as are other improvements within said district, except barbed wire fences.
2.
Residential fences shall not exceed six feet in height.
3.
The owners of residential properties shall be responsible for maintaining said fences and to remove any fence which becomes unsightly or a menace to public safety, health or welfare.
4.
On a corner lot, a fence shall not extend beyond the front building line, as platted, which is parallel to the front of the house. Along other front building lines as platted on a corner lot, the fence shall be set back a minimum of 10 feet from the property line and shall not extend into the sight distance area as defined in this chapter.
5.
No fence shall be permitted to extend beyond the building line at the front of the structure or any property line. This prohibition does not apply to fences located in "Special Old Town District"; said fences are permitted upon review and approval by the Planning and Zoning Commission as are other improvements within said district.
6.
On any interior lot other than a through-lot, a fence shall not extend beyond the front building line nor shall any fence extend beyond the side and rear property lines.
7.
In no case shall any front yard be enclosed by a fence other than as provided for on a through-lot.
8.
Temporary fences may be erected in conjunction with "display homes" in subdivisions so long as the fences are removed within 30 days following the sale or transfer of ownership of the display.
9.
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.
10.
Fences shall be erected around swimming pools according to the adopted Building Codes of the City of Moscow Mills.
11.
There shall be no fences consisting of one or more strand wires constructed in residential zoning districts.
12.
Fence materials.
a.
Acceptable materials for fences and decorative posts that are four feet or less include, but are not limited to, brick, stone and other masonry; synthetic materials; redwood, cedar and treated wood; wrought iron; decorative aluminum; and vinyl clad chain link.
b.
Acceptable materials for fences and decorative posts that are greater than four feet include, but are not limited to, brick, stone and other masonry; synthetic materials; redwood, cedar and treated wood; wrought iron; and decorative aluminum.
D.
Fence Regulations For All C (Commercial) and I (Industrial) Districts.
1.
The following may be approved by the Planning and Zoning Commission:
a.
Requests stating the reason must be made in writing to and approved by the Planning and Zoning Commission prior to construction or erection.
b.
Fences higher than six feet may be permitted for security and/or screening purposes. Also, barbed wire or razor wire shall be permitted only if the lowest strand is at least seven feet above grade, and when used for security purposes in addition to a regular fence.
2.
Fences are permitted on any lot or paved area so long as they do not extend beyond the front building line unless otherwise approved by the Planning and Zoning Commission.
3.
Where a fence is constructed to comply with a screening requirement, all fencing regulations regarding maintenance, materials and height shall apply.
4.
Fences erected to screen waste receptacles shall adhere to the regulations of the applicable zoning district.
5.
All fences installed in commercial zoning districts and industrial zoning districts that abut residential properties, and are used for the purpose of screening between districts, shall be masonry or vinyl.
6.
Fences constructed of chainlink that are located within commercial and industrial zoning districts shall be coated with vinyl.
7.
All other general provisions previously stated shall apply.
§ 46.220 Floodplain areas.
The City of Moscow Mills City Code, Chapter 47-Moscow Mills Flood Damage Prevention (Floodplain) Ordinance contains provisions related to floodplain areas. The Ordinance may be amended as necessary to comply with applicable State and Federal rules and regulations.
§ 46.225 Home occupations.
A.
In order for a person to obtain a Home Occupation Permit, said person must meet the following 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 requesting said occupation.
3.
Applicant must fill out an application for a home occupation and submit to City Clerk to be reviewed by the Planning and Zoning Commission. Upon receipt of the application, the City Clerk will place the home occupation request on the next regularly scheduled Planning and Zoning Commission meeting agenda. If the occupation is favorably approved or approved with contingencies by the Commission, the appropriate business license shall be issued by the City.
4.
The applicant is required to send a Certified Letter to all adjoining property owners for the purpose of informing them of their intent to conduct a home occupation. 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 Certified Letter shall also be sent to any applicable Homeowner's Association. A copy of the letter to be sent to the adjoining neighbors shall be included in the application packet.
B.
Home occupations (Residential Districts). Residential home occupations shall be reviewed and approved by the Commission. Said occupations shall meet all contingencies set by the Commission and conform to the following criteria:
1.
Only one 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 constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
3.
Such occupation shall be conducted entirely within the residence and carried on by not more than two individuals (not necessarily related) one 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 is it 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 off-street parking spaces shall be provided on the premises for said occupation.
10.
No commercial vehicle, as defined by this chapter, 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 or more utilities (water, sewer, electricity) so that the combined use for the residence and the occupation exceeds the average for residences in the neighborhood.
12.
No home occupation shall be conducted in any accessory building (garage or shed) except as approved by the Planning and Zoning Commission.
13.
The Planning and Zoning Commission may require fencing around the yard if a home approved 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.
14.
Garage sales shall be considered a home occupation when more than one sale is held during a month at a given residence.
C.
Examples of uses that frequently qualify as home occupations. The following are typical examples of uses which 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-chair barber shops, two-chair beauty shops.
D.
Uses that are prohibited. 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 personal), 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.
E.
Non-compliance of home occupation permit. Any applicant not complying with the restrictions and criteria herein specified shall be subject to the penalties as provided for in this chapter.
F.
Reapproval and certification of home occupations. Home occupations shall be subject to review and reapproval by the Planning and Zoning Commission when deemed necessary by the Commission. Review of home occupations may be scheduled at the time of the original hearing or at a later date if needed. At the time of reconsideration, the home occupation may be rescinded or reapproved; if reapproved, additional contingencies may be added.
§ 46.230 Landscaping and screening requirements.
A.
Residential Districts. It shall be at the discretion of the individual property owners to landscape their lots; however, at any given time the following provisions shall apply:
1.
No tree, or ground cover shall be planted of a type of species apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewer, or other public improvements. It is suggested that the property owner contact the City prior to landscaping within any street right-of-way or utility easement.
2.
Vines of climbing plants growing over street signs, fire hydrants, or other public property shall be removed by the property owner.
3.
On a corner lot, no planting or other obstruction to vision extending to a height in excess of 24 inches above the established street grade shall be erected, planted or maintained within the sight-distance as an established area extending 30 feet from the point of intersection of the two streets adjacent to the corner lot.
4.
All landscaping shall be properly maintained according to City Ordinances presently in effect. The individual property owner shall be responsible for such maintenance.
5.
For all Multiple-Family Residential Zoning districts, a landscape plan shall accompany, or be a part of; each site plan, and no site plan shall be approved without the Planning and Zoning Commission's review and approval of said landscape plan. The landscape plan shall contain size, type and location of plantings. All R-2 Two-Family Residential zoning districts shall be required to have a landscape plan to be forwarded to the Planning and Zoning Commission for its review and approval. Landscaping is to be completed prior to issuance of a Certificate of Occupancy by the Building Inspector.
6.
In all residential zoning districts, above-ground fuel storage tanks shall not be permitted.
B.
Non-Residential Districts (Commercial/Industrial). In C (Commercial) and I (Industrial) Districts, the landscaping/screening requirements are as follows:
1.
Screening requirements.
a.
All screening and buffering requirements previously set forth in the individual Districts shall be the responsibility of the lot owner or developer to install and maintain.
b.
When off-street parking areas for six or more vehicles are located within, or adjacent to, a residential District, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with minimum height of six feet shall, be provided between the parking area and the said lot or residential District. Such screen shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the Planning and Zoning Commission.
c.
Protective screening. When off-street loading areas are located within, or adjacent to, a residential District, and where such loading areas are not entirely screened visually by an intervening building or structure, a continuous visual screen with a minimum height of eight feet shall be provided between the loading area and the said lot or residential District. Such screen shall consist of a solid fence or a masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the Planning and Zoning Commission.
2.
Landscaping requirements.
a.
A landscape plan shall accompany, or be a part of, each site plan, and no site plan shall be approved without the Planning and Zoning Commission's approval of said landscape plan. This landscape plan shall include size, type and location of plantings and shall include parking lot planting islands, perimeter plantings, and similar landscape features. The majority of evergreen trees shall be a minimum of six feet in height.
b.
Where off-street parking spaces are provided, a minimum of 10 square feet of landscaping shall be provided for each space within the parking area or lot, or as approved by the Planning and Zoning Commission. While no specific tree species or plantings are given in this chapter, the developer or owner shall be expected to provide sufficient landscaping details on the plans at the time of submittal. The use of earthen berms or sculpting shall be encouraged provided these are designed in an area of enough size so as to cause no erosion, drainage or maintenance problems.
C.
Screening and landscaping. All off-street parking facilities, with the exception of a single-family detached dwelling or a two-family dwelling, shall be screened and landscaped in accordance with the following design standards.
1.
Planting strip along property lines.
a.
Along each property line of the zoning lot, a planting strip of four feet minimum width shall be provided between said property line and the off-street parking facilities. Where parking facilities for non-residential uses abut a residential district, a sight-proof fence or hedge of not less than six feet in height shall be provided along the perimeter of the off-street parking facility within the planting strip herein described.
b.
In the case of a common/shared driveway entrance/exit the requirement for a four feet minimum width planting strip will be waived. However, the remainder of the site shall contain sufficient additional landscaped areas to compensate for the loss of the planting strip or a portion thereof.
2.
All off-street parking facilities shall be appropriately broken by linear planting strips or variable shaped islands in the interior of the facility. Such planting strips or islands shall be satisfactorily landscaped with trees or other suitable vegetation and shall constitute no less than 5% of the total area of the off-street parking facility excluding the four foot planting strip previously mentioned.
3.
The selection of trees, hedges and other planting materials shall be approved by the Planning and Zoning Commission.
4.
All screening and landscaping shall be installed in conformance with the "Corner Visibility" restrictions of this chapter, or having the highest visibility.
5.
The selection of trees, hedges, and other planting materials shall be as approved on the landscape plan. All modifications shall be reviewed and approved by the Planning and Zoning Commission.
D.
All landscaping indicated on the approved site development plan shall be installed prior to issuance of a Certificate of Occupancy by the Building Inspector. If installation of landscape materials cannot be accomplished due to weather conditions or other factors, an escrow shall be established to guarantee purchase and installation of all landscape materials. The escrow shall be submitted for approval by the Planning and Zoning Commission and shall otherwise be submitted in compliance with the process established here in. Upon installation of the landscape materials, the escrow shall be released by the City.
§ 46.235 Lot, corner and through.
For any through lot, both frontages shall comply with the front yard requirement of the District in which it is located. Swimming pools, decks, and open-air porches shall comply with the setback requirements of the underlying zoning District. In addition, fences shall comply with provisions contained elsewhere in this chapter pertaining to fencing.
§ 46.240 Lot consolidation.
A.
When the recorded owner of two or more contiguous lots desires to consolidate lots, the owner shall indicate the proposed consolidation in writing to the Planning and Zoning Commission. No amended record plats are needed as long as the external boundary in question shall be used as one lot. However, an exhibit including the following information shall be provided:
1.
Outboundary of the affected lots.
2.
The recorded name of the subdivision and book and page of the original record plat.
3.
Lot numbers for each lot as established on the record plat.
4.
The street(s) abutting the affected lots.
5.
Other items as deemed necessary by the Planning and Zoning Commission.
B.
The letter requesting consolidation and the exhibit shall be approved by the City of Moscow Mills and recorded with the Lincoln County Recorder of Deeds. A recorded copy of the letter and exhibit shall be returned to the Planning and Zoning Commission.
§ 46.245 Non-conforming use.
A.
A non-conforming use is a land or buildings within the City of Moscow Mills that does not conform to this chapter. A non-conforming use may often have a detrimental effect on the land use around it, such as increased traffic on residential streets, not enough parking spaces, the emission of noxious fumes, the creation of loud noises or a depressing effect on property values. These regulations are intended to minimize the existing and/or potential problems created by non-conforming uses.
B.
Continuance Of A Non-Conforming Use.
1.
Any lawful building, structure, or use existing at the time of the enactment of this chapter may be continued even though such building, structure, or use does not conform to the provisions of this chapter for the District in which it is located and whenever a District shall be changed hereafter then the existing lawful use may be continued, subject to the provisions of this chapter.
2.
Any legal non-conforming building or structure may be continued in use provided there is no structural change other than normal maintenance and repairs.
3.
Any building for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within six months.
4.
A building or lot containing a non-conforming use may not be enlarged, extended, reconstructed, or altered unless such use is made to conform to the regulations of the District in which it is located. However, in the case of evident hardship, a building containing a non-conforming use may be enlarged an amount not greater than 25% of its present ground floor by approval of the Planning and Zoning Commission.
5.
Any business that has a legal non-conforming use or has previous approved by the Planning and Zoning Commission will not need re-approval to continue that use if the business is sold, provided that the business is not substantially changing.
C.
Repairs, maintenance and alteration of non-conforming use/building.
1.
Ordinary repairs and maintenance of a non-conforming building shall not be deemed an extension of such non-conforming building and shall be permitted.
2.
No structural alteration shall be made in a building or other structure containing a non-conforming use except in the following situations:
a.
When the alteration is required by law.
b.
When the alteration will actually result in elimination of the non-conforming use.
c.
A building containing a non-conforming use may be altered in a way to improve livability and/or appearance provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.
D.
Abandonment or discontinuance.
1.
When any non-conforming use has discontinued for a period of 12 consecutive months, such use shall not thereafter be resumed and any future use of the premises shall be in conformity with the provisions of this chapter, provided that, such non-conforming use may be resumed when the owner during the period of discontinuance, has been actively attempting to continue such non-conforming use.
2.
Proof of fact in writing must be furnished to the Planning and Zoning Commission by the applicant to establish intent not to abandon.
§ 46.250 Park and open space requirements for all zoning districts.
A.
Amount of land/recreational facilities to be provided. Prior to the issuance of any Building Permit, the developer of any residential, commercial, or industrial areas shall comply with the City's current Comprehensive Plan and Future Land Use Map in providing open space, playgrounds, bike trails or recreational related facilities reasonably related to the development. During the site plan review process, the developer will provide reasonable measures to retain existing trees and vegetation and is encouraged to participate in the City's park development program.
B.
Application. The provisions of this chapter shall apply to all residential, commercial or industrial developments within the Corporate Limits of Moscow Mills, Missouri. In submitting a preliminary plat or site plan, the developer shall ensure that said plat or site plan contains sufficient detail so as to distinguish open space, playground, bike trails or recreational related facilities. The developer shall also indicate on said preliminary plat or site plan the land and/or facilities which are to be dedicated as park, bike trail or open space to the City, or dedicated to the private or common ownership for park purposes. All plats and plans shall be reviewed by the City for conformity with the City's then current Comprehensive Plan and Future Land Use Map.
§ 46.255 Right-of-way - street or highway, structures prohibited.
(See "Subdivision Regulations".)
§ 46.260 Sidewalks and bicycle paths.
A.
The intent of this provision is to provide pedestrians with safe and convenient access to schools, recreational, retail areas, and places of employment. In general, sidewalks should be located in the public right-of-way parallel to the street pavement. However, when a sidewalk can be integrated into a linear park system, consideration should be given to combination pedestrian/bicycle paths. In any event, the purpose of sidewalks shall be to connect people with specific destinations within the City. The following specifications shall apply:
§ 46.265 Site plan review.
A.
In planning and developing a subdivision, lot or tract, the developer/subdivider shall comply with the general principles of design and minimum requirements for the layout of a subdivision concerning required improvements, and in every case shall pursue the following procedures.
B.
Pre-application proceedings. Not less than 45 days prior to the preparation of the preliminary plat and/or site plan, the developer/subdivider shall consult with the designated City representative in order to become familiar with the standards established in these regulations and the provisions of the Comprehensive Plan affecting the land proposed to be subdivided.
C.
Process of submission of preliminary plat or site plan.
1.
The developer/subdivider, after the advisory meeting, may then initiate a request for formal review of the preliminary plat, site plan, or record plat. The developer/subdivider shall submit said plat or plan in accordance with the established scheduled meeting of the Planning and Zoning Commission at which action is desired. After review of plat or plan by City staff, and subsequent notification of deficiencies/problems, developer/owner shall resubmit corrected plat or plan not less than seven working days prior to the Planning and Zoning Commission meeting. Resubmitted plats or plans containing more than six deficiencies shall not be submitted to the Planning and Zoning Commission for review.
2.
All preliminary plats or site plans shall be prepared and sealed by a qualified and Registered Professional Engineer or Registered Land Surveyor.
3.
The applicant shall submit a sufficient number of prints as required by the Administrative Officer for all staff reviews and Planning and Zoning Commission reviews. The prints shall be black or blue line with all copies folded to an approximate size of 8 1/2 inches by 11 inches.
4.
Preliminary plats or site plans submitted for the initial review without substantial information, or submitted for the final formal review that omit more than six items as required under herein, shall be required to resubmit the plat or plan with the appropriate fee.
5.
All preliminary plats shall be acted on by the Planning and Zoning Commission within 60 days of plat submittal to the City.
6.
A traffic study may be required by the City Engineer if deemed necessary for the analysis of a development project by the Planning and Zoning Commission.
D.
Information required on a preliminary plat or site plan.
1.
The plat or site plan shall be drawn to scale of not greater than 100 feet to the inch and shall contain the following information:
b.
North arrow and scale and property address from the applicable fire protection district.
d.
Boundary line showing bearings and distances.
e.
Adjacent properties information — existing and proposed. Ownership and use of land, zoning classifications. (Ownership of lots in residential subdivision are not required.)
f.
Utilities and easements.
(1)
Indicate name and phone number of the company or jurisdiction providing the following services: water, sanitary sewer, electric, telephone, gas, cablevision.
(2)
Identify size and location of existing water lines, sewer lines, electric service and other existing utilities. Show the location of future water and sewer lines and electric service.
(3)
Indicate existing easements on plat or plan including perimeter utility easement.
g.
Lot dimensions.
(1)
(a)
On residential lots indicate approximate square footage of each lot. Provide notes reflecting minimum side, rear, and front dimensions exclusive of public right-of-way.
(b)
Indicate minimum lot width at the building line on irregular shaped lots, or lots having a measurement less than the required lot width at the building line.
(2)
On non-residential lots, indicate gross acreage for each lot to be reviewed exclusive of public right-of-way.
(3)
Indicate building dimensions and square footage of the same.
(4)
Indicate building lines and dimension of the building to the property lines.
h.
Public and private streets and curb cuts.
(1)
Show all proposed streets and improvements to existing sheets. Indicate whether public or private, width of pavement, width of right-of-way and name of streets. (A letter from the Lincoln County 911 Emergency Services Department indicating approval of street names must be supplied to the City.)
(2)
Dimension curb cuts on all non-residential development.
(3)
Show adjacent or connecting streets and their names.
(4)
Show all street lighting.
(5)
Comply with segment of regulations which specifies information to be supplied at the time of filing of the preliminary plan or development plan as it relates to stormwater management planning.
(6)
Indicate basic soil erosion control plan to be utilized during site development.
(7)
Other information as may be required by the Planning and Zoning Commission.
i.
Physical characteristics and stormwater management.
(1)
On-site plans provide existing contours at two foot intervals and one foot intervals for proposed. On preliminary plats, provide existing and proposed contours at intervals of five feet or less.
(2)
Indicate natural features to be left undisturbed including natural watercourses. The development shall leave as much of the natural topography and tree growth as reasonably possible to facilitate erosion control and aesthetic considerations.
j.
Parks/open space, recreational areas and common ground.
(1)
Parks and open space land shall be shown on the plan if required in the City's Comprehensive Plan.
(2)
Recreational area, if proposed, shall delineate type of facilities and who will be responsible for operation and maintenance of same.
(3)
All common ground areas shall be shown with an appropriate note provided regarding administration of same.
k.
Setback and yards. Setback and appropriate yards shall be at least those specified for the applicable district.
l.
Sidewalks — where required (refer to sidewalk regulations). Show side(s) of street(s) where sidewalk is to be located and length of same.
m.
Additional information required for non-residential site plan development. Refer to specific zoning District for details.
(1)
Protective screening for properties abutting residential zoning Districts.
(2)
Trash containers. Show location and indicate that screening shall be six feet in height and compatible with the building style.
(3)
Street lighting. Show location.
(4)
Landscape plan. No site plan shall be approved without an acceptable landscape plan. Information on location of plantings, species, numbers, and size is appropriate.
(5)
Building outline and floor area. Dimension floor area and identify building usage. If multiple use, provide appropriate floor area breakdown. Provide other information including building entrances as required by the Planning and Zoning Commission.
(6)
Parking and off-street loading.
(a)
All parking shall be based upon building use(s) in accordance with parking requirements provided in these regulations. Handicapped spaces shall be provided. Appropriate dimensions shall be given for all parking spaces and access aisles. Handicapped parking space signs and ramps shall be indicated where applicable. Off-street loading shall be provided as specified in these regulations and shall be appropriately dimensioned.
(b)
Indicate curb and gutter on all parking lots.
(7)
In order to insure architectural compatibility within non-residential and certain residential zoned areas of the City, the Commission shall require architectural drawings and profiles to accompany site plans.
2.
Upon approval of the preliminary plat/site plan five copies of the revised plat/plan incorporating appropriate contingencies shall be submitted to the City of Moscow Mills prior to issuance of a Building Permit, but in no case later than 120 days following approval. If available, digital media shall also be provided. Failure to provide said revised plat/plans will render the plan null and void.
3.
If the site work approved through the site plan approval process has not been substantially begun within 12 months after site plan approval, the site plans shall become null and void. An applicant must refile the appropriate information and applicable fee when said site plan has been voided.
E.
Architectural review for structures in all zoning districts except R-1 and R-1(A) Single-Family Residential District and R-2 Two-Family Residential District.
1.
Purpose. The intent of this subsection is to assure the mutual compatibility and appearance of buildings and their surroundings in the City of Moscow Mills.
2.
Application review responsibility.
a.
The criteria shall apply to all new building construction excluding single-family and two-family residential dwellings. The Commission, prior to issuance of a Building Permit by the City, shall have the responsibility to review renderings, except as provided for hereinafter. Where building additions or alterations are considered, the Planning and Zoning Commission shall review renderings for consistency with original renderings. At the time of occupancy and/or use change, the Planning and Zoning Commission may require modifications to the building exterior to improve the appearance of the building. For substantial remodeling or renovation of a building, a revised rendering or elevation drawing shall be submitted to the Planning and Zoning Commission for review.
b.
For all attached housing units including, but not limited to, villas and multiple-family buildings, the following architectural requirements will apply:
(1)
Buildings which exceed one story above-grade in height shall be constructed of masonry on all four sides of the building; all other buildings shall include a majority of masonry materials, but may include other maintenance free materials such as vinyl siding.
(2)
The Administrative Officer shall be given the authority to approve renderings or colored photos but cannot reject the same. Any renderings of multiple-family units not approved by the staff shall be brought to the Planning and Zoning Commission. The Planning and Zoning Commission shall review those renderings and shall approve or deny the renderings no later than the second regular meeting of the Planning and Zoning Commission. If the Planning and Zoning Commission denies said renderings, the Chairman shall set forth in writing the reasons for denial by the Commission.
3.
Submission guidelines/requirements.
a.
A perspective colored rendering detailing the building's profiles must be submitted for Commission review along with the site plan. The rendering shall be drawn on a twenty-four-inch by thirty-inch (minimum size) sheet of paper at a scale no smaller than 20 feet to the inch. The Commission may, at its discretion, accept colored photos if they are of reasonable quality. Where multiple buildings are proposed and they will differ architecturally, the site plan applicant is expected to supply all appropriate renderings. Materials to be used and colors proposed for the exterior are to be shown/listed on the rendering.
b.
A file ready (approximately 8 1/2 inches by 11 inches size) copy of photo of the rendering must also be submitted to the Planning and Zoning Commission by the final submittal date of the site plans. Said copy of photo is to be kept for record and will not be returned to applicant and/or developer. Plans submitted for review with a Building Permit application shall essentially be in accord with the renderings or the Permit will be denied.
c.
Where deed or subdivision documents contain architectural standards, applicant shall supply a copy of same to the City Engineer.
4.
Criteria.
a.
Architectural materials.
(1)
All buildings shall be architecturally treated on all sides of the building to create a consistent and attractive building appearance. All new buildings shall be designed so as to match or complement existing buildings in the vicinity.
(2)
Architectural materials shall be as approved on the architectural renderings. All new buildings shall consist predominantly of masonry/brick, wood, architectural panels, or glass. EFIS or stucco type material shall be considered as accent material. The Planning and Zoning Commission may approve other materials that provide similar or equal architectural treatments.
b.
Roof top utilities such as, but not limited to, cooling towers and heating and cooling equipment installed in conjunction with any buildings or installed on any building heretofore erected shall be screened/enclosed with walls of brick, wood, or other similar architectural material extending to the height of the highest projection of such equipment from all sides.
c.
Exterior walls of buildings exposed as the result of demolition or removal of an adjacent building, unless such walls are in good condition and architecturally compatible with other walls and surrounding buildings, shall be renovated or improved, as required by the Planning and Zoning Commission, to provide such compatibility.
d.
Retaining walls and similar walls shall be of a decorative treatment as approved by the Planning and Zoning Commission. Exemption from this requirement shall be as approved by the Planning and Zoning Commission.
F.
Improvements installed or guaranteed in all zoning districts. Site plan improvements shall be installed or guaranteed as herein provided:
1.
Before the City issues a Site Development Permit as required, the developer/contractor must have submitted and obtained approval of improvement plans for all improvements planned for each site and have established a satisfactory escrow agreement, lender's agreement or land subdivision bond insuring or guaranteeing the construction in accordance with the approved plans of all improvements to be dedicated to the City and restoration of the site in case of project abandonment or project completion in the case of failure to complete the project.
Guarantee Agreements:
a.
Agreements shall be prepared on forms furnished by the City of Moscow Mills. Four originals shall be provided to the City.
b.
Agreements shall be approved by the City Engineer.
c.
Agreements shall guarantee the improvements set forth in the approved improvement plans by providing for deposit (cash, certified check or cashier's check) with the City of Moscow Mills or an institution whose deposits are Federally insured by the United States Government of that sum of lawful monies of the United States of America or a lender's agreement in the amount which the City Engineer shall reasonably estimate as the cost of said improvements. The developer/contractor shall submit a listing of improvement quantities along with the estimated unit cost to facilitate the City Engineer completing the estimate.
d.
If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit by the City Engineer and/or Board of Aldermen of the City of Moscow Mills, Missouri.
e.
If there is a lender's agreement, it shall be subject to audit by the City Engineer and/or the Board of Aldermen of the City of Moscow Mills.
f.
Bonds shall be with a surety approved by the City and in a form approved by the City.
2.
The estimated sum shall be held by the escrow holder or the lender as provided for in the agreement. Authorization shall be written and addressed or copied to the escrow holder or the lender authorizing release. The City Engineer may authorize release for disbursement by the escrow holder or lender for the payment of labor and materials used in the construction and installation of the improvements guaranteed, as the work progresses, and when such work is approved by the City Engineer.
3.
For improvements which are to be dedicated to the City for maintenance, 10% of the total monies estimated for said improvements shall be retained for a period of two years from the date of acceptance of the instrument of dedication by the Board of Aldermen to guarantee proper construction of said improvements. In the event that during this two years period any of the improvements escrowed for deemed by the City Engineer to fail the construction guarantee, the 10% retention shall be used for reconstruction, repair or modification of the improvements as may be required. After the period of two years after the date of acceptance of the instrument of dedication and correction of any deficiencies, all monies remaining in the escrow account shall be released. If deemed in the City's best interest not to perform remedial work within the aforementioned two-year period and the developer/contractor agrees to extend the escrow agreement, release of all monies can be delayed until a mutually agreed upon date has been reached. No authorization for release shall be made until inspections have been made certifying that the improvements have been constructed in accordance with the approved plans and meet all requirements of the City of Moscow Mills. Closed circuit TV (CCTV) inspections for sanitary and storm sewer mains to be dedicated to the City shall be required prior to the release of escrows or acceptance of the mains by the City. The CCTV inspection shall be conducted by the City at a cost to the developer as established by the City. Said fee must be paid prior to the inspection and release of the 10% retention. The developer may elect to conduct the CCTV inspection in which case the developer shall provide the City with a videotape and written report prepared by an inspection company or engineer approved by the City. The CCTV videotape and inspection report shall be prepared in the format required by the City and shall describe the location and type of deficiencies found. After correction of the deficiencies, the sewer shall be reinspected by the City.
4.
In the event that the improvements which are to be dedicated to the City are not satisfactorily installed and dedicated within two years after the approval of the improvement plans, the City of Moscow Mills has the right to remove said monies to complete the guaranteed improvements, complete the site improvements and/or restore the site unless an extension in time is granted by the Planning and Zoning Commission.
§ 46.270 Street naming (new street).
Before a street name can be assigned or used, the City must have received written approval from Lincoln County 911 Emergency Services Department. The developer must submit said written approval prior to the Planning and Zoning Commission's review of the site plan and/or preliminary plat.
§ 46.275 Street name change (existing street).
A.
In order to change a street name, person(s) must follow the procedure below:
1.
Person(s) requesting a street name change must appear before the Planning and Zoning Commission at their regular meeting. In order to appear before the Commission, person (s) requesting said street name change(s) shall submit a letter detailing the change (s) to the City not less than 10 working days prior to the Commission's next meeting date. The City Clerk shall inform the Commission of the requested change(s) and place said change(s) on the appropriate agenda.
2.
Person(s) requesting said change(s) must obtain written approval of street name change(s) from the Lincoln County 911 Emergency Services Department and provide a copy to the City at such time as the formal street name request is submitted.
3.
A copy of the Commission's recommendations will be provided to the Board of Aldermen. The Board of Aldermen may act on the Commission's recommendation.
4.
Upon the Board of Aldermen's approval, the City Clerk will provide the County Recorder's and Assessor's Office with copies of the affidavit approving said street name change(s). The City Clerk will inform the appropriate fire protection district and post office of the name change and make the necessary corrections to the official maps of the City of Moscow Mills.
§ 46.280 Street vacation.
A.
To vacate a street right-of-way, the following the procedures must be followed:
1.
A formal written request must be made to the City. Such request must be considered by both the Planning and Zoning Commission and the Board of Aldermen. In addition, the request must be accompanied by the following:
a.
Legal description of property to be vacated.
b.
Location map (not to scale) showing property to be vacated and identified by words "To Be Vacated" so that it can be determined without reading the legal description.
c.
Documentation from utility companies that they release their claims to easements insuring there are no utility lines or interests within easement area(s).
2.
Any street vacation request must be reviewed by the Planning and Zoning Commission. To appear on the Commission's agenda, said requests must be received by the City no later than 10 working days prior to the Commission's next regularly scheduled meeting. Although no formal public hearing is required, an advertisement will be published in the legal newspaper and a local newspaper, both of general circulation in the City of Moscow Mills, notifying the public of the proposed vacation. The fee for the advertisement will be paid by the person(s) requesting said street vacation.
3.
Upon recommendation by the Commission, the Board of Aldermen may act on said vacation request(s). If the Board approves of the vacation, an appropriate Ordinance will be prepared.
4.
Following approval of the aforementioned Ordinance, the City Clerk will provide the Lincoln County Recorder's and Assessor's Office with the appropriate document.
§ 46.285 Structures required, spacing requirements, lot widths - service stations - restroom facilities.
A.
All service stations approved and constructed within the City of Moscow Mills are required to have both male and female handicapped accessible restroom facilities. All commercial and industrial buildings, except accessory buildings, shall contain restroom facilities and shall be connected to water and sewer service.
B.
No gasoline station shall be erected within 1,000 feet of any church, hospital, school or any other such type of public assembly building used by large numbers of people, or within 1,000 feet of an existing filling station, service station, or gasoline station. The method of measurement that shall apply shall be the "airline distance" measured from the nearest boundary of the premises upon which there exists such churches, hospitals, schools, or other types of public assembly, buildings or filling stations or service stations.
C.
A gasoline station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than 150 feet of frontage on each street side, and an interior lot shall have a minimum width of at least 150 feet.
§ 46.290 Temporary accessory use.
A.
It shall be permissible to temporarily use a Recreational Vehicle on a residential lot for personal dwelling purposes or to accommodate guests so long as said use does not last longer than seven consecutive days or 14 days in any given calendar year and so long as said use is not made in exchange for payment.
B.
In the event of partial or total destruction of an existing single-family dwelling, the resident may place a Recreational Vehicle, Mobile, or Manufactured home on the lot for temporary dwelling purposes until the original dwelling can be repaired or rebuilt, not to exceed six months. The temporary dwelling shall not be required to conform to the site, placement, or other requirements of this chapter so long as good faith efforts are underway to repair or rebuild the original dwelling.
§ 46.295 Vehicle repair or dismantling.
A.
No person shall make major repairs to any vehicle or dismantle any vehicle upon a public street or upon private property in any residentially or commercially zoned District unless said repairs or dismantling is conducted in an enclosed area, the interior of which cannot be viewed from any surrounding residential property.
B.
Any repairs or dismantling as authorized in Subsection A shall only be lawful if the owner of or person controlling the residential property is performing said repairs or dismantling a vehicle owned by a member of the household.
C.
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 or if performed outside must be completed within a six-hour period.
D.
The repair of a vehicle under this section shall not create a nuisance by excessive noise, early or late work or debris accumulation.
§ 46.300 Yard and court encroachments.
A.
General. A part of any building or structure shall not extend into side courts, inner courts, or yards required for light and ventilation of habitable and occupiable rooms or by the zoning law or other Statutes controlling building construction, except as hereinafter provided; but the encroachment shall not exceed 20% of the legal area of yard or court required for light and ventilation purposes.
B.
Steps, architectural features and roof eaves. Steps, window sills, belt courses, and similar architectural features and rain leaders, chimneys, and roof eaves shall project not more than two feet beyond any building line.
C.
Exterior stairways and fire escapes. Outside stairways, smoke-proof tower balconies, fire escapes or other required elements of a means of egress shall not project more than four feet beyond the face of the wall.