Mt Vernon City Zoning Code
ARTICLE III
Supplementary District Regulations
Section 405.230 Height Regulations.
[R.O. 2004 § 405.230; Ord. No. 2.56 § 2(Art. 6 § 1), 1-9-2001]
Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers ornamental towers, spires, church steeples and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations. In all planned districts, one (1) additional foot of height above the specified height limitation shall be permitted for each foot of additional yard provided over the minimum requirement on all sides of the lot.
Section 405.240 Yard Regulations.
[R.O. 2004 § 405.240; Ord. No. 2.56 § 2(Art. 6 § 2), 1-9-2001]
A.
Minimum Yard Requirements. The yard requirements heretofore established in all districts shall be adjusted in the following cases:
B.
Where fifty percent (50%) or more of the frontage of one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater than required, then:
1.
Where a building to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of adjacent buildings on the two (2) sides; or
2.
Where a building to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
Section 405.245 Development Standards For Non-Residential Land Use In "R" And "MP" Districts.
[R.O. 2004 § 405.245; Ord. No. 2.132 § 1, 12-11-2007]
D.
Building frontage setbacks to be determined by existing buildings on adjoining lots, sight triangle at intersecting streets (corner lots) or other pertinent criteria during Commission site plan review.
E.
Side and rear yard setbacks to be determined during site plan review based on required off-street parking, building separation by building code (fire separation), building height and sight triangle limitations (corner lots).
F.
Building height limitation to be kept at prescribed thirty-five (35) feet from grade or maximum seventy-five (75) feet if located at least one hundred (100) feet from adjoining residentially zoned, vacant or improved lot or parcel.
G.
Total lot coverage to be limited by off-street parking requirement spaces and any other area limitation requirements in the applicable Code Sections.
Section 405.250 Number Of Structures And Uses On A Zoning Lot.
[R.O. 2004 § 405.250; Ord. No. 2.56 § 2(Art. 6 § 3), 1-9-2001]
Only one (1) principal structure and use may be located on a lot in an "A-R," "R-1," "R-2" or "MP" Zoning District. In all other districts, a single principal structure and use or unit group of principal structures and uses may be located on a lot subject to Article VI, Use Regulations, and the restrictions of the zoning district in which they are located. See definition of "lot" in Section 405.050 of this Chapter.
Section 405.260 Sight Triangle.
[R.O. 2004 § 405.260; Ord. No. 2.56 § 2(Art. 6 § 4), 1-9-2001; Ord. No. 2.77 § 1(8), 2-11-2003]
On a corner lot in any district, except "B-2," development shall conform to the requirements of the sight triangle as defined by this regulation. See Section 405.050, Definitions.
Section 405.270 Access To Business And Industrial Districts.
[R.O. 2004 § 405.270; Ord. No. 2.56 § 2(Art. 6 § 5), 1-9-2001]
No land that is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any commercial or industrial district.
Section 405.280 Determination Of Structure Setback Line.
[R.O. 2004 § 405.280; Ord. No. 2.56 § 2(Art. 6 § 6), 1-9-2001; Ord. No. 2.64 § 1, 10-9-2001]
A.
The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:
1.
Projections shall be defined as any structural or non-structural portion or appendage attached to the main structure which by design protrudes outward beyond the structure floor, wall, roof or foundation line. Projections include, but are not limited to:
2.
Exception For Canopies And Awnings. A canopy or awning may be permitted to overhang a public way in any business zoning or industrial zoning district providing:
a.
No portion of the canopy or awning shall be less than eight (8) feet above the level of the sidewalk or other public way.
b.
The canopy or awning may extend the full width of the building facade to which it is attached and, further, it shall not extend beyond a point two (2) feet inside the curb line of a public street.
Section 405.290 Fences.
[R.O. 2004 § 405.290; Ord. No. 2.56 § 2(Art. 6 § 7), 1-9-2001; Ord. No. 2.77 § 1(9), 2-11-2003]
A.
Except as otherwise specifically provided in other Codes and regulations, the following regulations shall apply to the construction of fences:
1.
No fence shall be constructed which will constitute a traffic hazard.
2.
No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals and shall be of a durable material.
3.
No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or which shall adversely affect the public health, safety and welfare.
4.
No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than four (4) feet in the front yard or six (6) feet elsewhere; provided, however, that the Planning and Zoning Commission may, as a conditional use, authorize the construction of a fence up to eight (8) feet in height if the Planning and Zoning Commission finds the public welfare is served. Fences within the front yard shall be fifty percent (50%) or more transparent.
5.
Fences that include barbed wire or electrification shall require a special use permit.