Moscow Mills City Zoning Code

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.

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.

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.

No principal building or structure or accessory building or structure shall be located within or partially within a designated utility easement.

An accessory building or structure in a residential district shall not exceed 1/2 of the ground floor area of the principal building.

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.

Such businesses shall not be located within 1,000 feet of a residential use, churches, schools, or another adult-orientated business.

Such businesses shall be subject to occasional inspections to ensure compliance with Ordinance standards.

A minimum lot size of one acre.

The maximum number of colonies will be limited to three hives.

The City's Comprehensive Plan.

The property owner's zoning request or plans for the property in question.

The existing land use of adjacent territories in the respective zoning classifications.

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.

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.

Unless otherwise specified in the specific zoning District requirements, all screening of waste containers shall be a masonry or vinyl fence material.

A permit shall be required for the erection, installation or alteration of any fence within the City of Moscow Mills.

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.

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.

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.

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.

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.

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.

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.

Fence completion shall occur within six months from the start of construction.

When a fence is facing a public street, the improved side of the fence shall be oriented to the street.

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.

Residential fences shall not exceed six feet in height.

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.

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.

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.

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.

In no case shall any front yard be enclosed by a fence other than as provided for on a through-lot.

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.

Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.

Fences shall be erected around swimming pools according to the adopted Building Codes of the City of Moscow Mills.

There shall be no fences consisting of one or more strand wires constructed in residential zoning districts.

Fence materials.

The following may be approved by the Planning and Zoning Commission:

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.

Where a fence is constructed to comply with a screening requirement, all fencing regulations regarding maintenance, materials and height shall apply.

Fences erected to screen waste receptacles shall adhere to the regulations of the applicable zoning district.

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.

Fences constructed of chainlink that are located within commercial and industrial zoning districts shall be coated with vinyl.

All other general provisions previously stated shall apply.

All fences within an R-3 Multiple-Family Residential District, C, or I, District, shall be approved by the Planning and Zoning Commission prior to installation of the fence.

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).

Applicant must be a resident of the City at the time of requesting said occupation.

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.

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.

Only one home occupation shall be permitted per residence.

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.

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.

The home occupation is clearly incidental and secondary to the principal use of the residence.

A home occupation shall not create greater vehicle or pedestrian traffic than normal for the District in which is it located.

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.

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.

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.

A minimum of two off-street parking spaces shall be provided on the premises for said occupation.

No commercial vehicle, as defined by this chapter, shall be used in connection with a home occupation, or parked on the property.

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.

No home occupation shall be conducted in any accessory building (garage or shed) except as approved by the Planning and Zoning Commission.

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.

Garage sales shall be considered a home occupation when more than one sale is held during a month at a given residence.

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.

Vines of climbing plants growing over street signs, fire hydrants, or other public property shall be removed by the property owner.

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.

All landscaping shall be properly maintained according to City Ordinances presently in effect. The individual property owner shall be responsible for such maintenance.

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.

In all residential zoning districts, above-ground fuel storage tanks shall not be permitted.

Screening requirements.

Landscaping requirements.

Planting strip along property lines.

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.

The selection of trees, hedges and other planting materials shall be approved by the Planning and Zoning Commission.

All screening and landscaping shall be installed in conformance with the "Corner Visibility" restrictions of this chapter, or having the highest visibility.

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.

Outboundary of the affected lots.

The recorded name of the subdivision and book and page of the original record plat.

Lot numbers for each lot as established on the record plat.

The street(s) abutting the affected lots.

Other items as deemed necessary by the Planning and Zoning Commission.

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.

Any legal non-conforming building or structure may be continued in use provided there is no structural change other than normal maintenance and repairs.

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.

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.

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.

Ordinary repairs and maintenance of a non-conforming building shall not be deemed an extension of such non-conforming building and shall be permitted.

No structural alteration shall be made in a building or other structure containing a non-conforming use except in the following situations:

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.

Proof of fact in writing must be furnished to the Planning and Zoning Commission by the applicant to establish intent not to abandon.

Major Collector Street (sixty-foot right-of-way).

Minor Collector Street (fifty-foot right-of-way).

Residential Street (fifty-foot right-of-way).

Non-Residential Street (forty-foot right-of-way).

Sidewalks for pedestrian/bikeway movement shall be a minimum of six feet in width. Property easements for such purpose shall be a minimum of 10 feet. The Planning and Zoning Commission shall require additional easements where necessary.

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.

All preliminary plats or site plans shall be prepared and sealed by a qualified and Registered Professional Engineer or Registered Land Surveyor.

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.

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.

All preliminary plats shall be acted on by the Planning and Zoning Commission within 60 days of plat submittal to the City.

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.

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:

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.

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.

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.

Application review responsibility.

Submission guidelines/requirements.

Criteria.

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:

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

Following approval of the aforementioned Ordinance, the City Clerk will provide the Lincoln County Recorder's and Assessor's Office with the appropriate document.