New Melle City Zoning Code
ARTICLE IV
Zoning District Regulations
Section 405.140 "R-1A" Single-Family Residential District.
[Ord. No. 224 §§1 — 2(4.01 — 4.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be single-family dwellings. The regulations of this district are designed to create and preserve a predominately urban character as evidenced by lot sizes and street and drainage requirements. In addition to the dwelling permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
Lot area.
a.
Single-family dwellings shall be located on lots containing a minimum area of three (3) acres.
b.
For uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by Article XI of this Chapter.
c.
Where a use is not connected to a public sewer or public water, the lot area shall be increased to the area determined adequate by the City Engineer to meet current health standards but in no case shall be smaller than three (3) acres in size and shall require a septic tank system and the review and approval of the Planning and Zoning Commission.
d.
Horses may be kept on a minimum of three (3) acres not to exceed one (1) horse per acre unless a conditional use permit or variance is obtained.
2.
Lot width and depth. The following minimum dimensions must be provided:
Lot area | Minimum Lot Depth | Minimum Lot Width At The Building Line | |
|---|---|---|---|
3 acres | 300 | 250 |
Where a lot fronts a cul-de-sac, the minimum lot width shall be met at the fifty (50) foot building line. |
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
4.
Dwelling size. The minimum dwelling size shall be one thousand three hundred (1,300) square feet for a ranch house, one thousand eight hundred (1,800) square feet for a one and one-half story (1½) house and two thousand two hundred (2,200) square feet for a two-story.
6.
Height requirements.
a.
For buildings and structures. No building or structure shall exceed a height of two and one-half stories (2½) or thirty-five (35) feet.
Section 405.145 "R-1B" Single-Family Residential District.
[Ord. No. 224 §§1 — 2(5.01 — 5.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be single-family dwellings. The regulations of this district are designed to create and preserve a predominately urban character as evidenced by lot sizes and street and drainage requirements. In addition to the dwelling permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
Lot area.
a.
Single-family dwellings shall be located on lots containing a minimum area of one (1) acre.
b.
For uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by Article XI of this Chapter.
c.
Public sewer is required.
d.
Public water required if reasonably accessible.
2.
Lot width and depth. The following minimum dimensions must be provided:
Lot Area | Minimum Lot Depth | Minimum Lot Width At The Building Line | |
|---|---|---|---|
1 acre | 200 | 150 |
Where a lot fronts a cul-de-sac, the minimum lot width shall be met at the fifty (50) foot building line. |
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
4.
Dwelling size. The minimum dwelling size shall be one thousand three hundred (1,300) square feet for a ranch house, one thousand six hundred (1,600) square feet for a one and one-half (1½) story house and two thousand two hundred (2,200) square feet for a two-story.
6.
Height requirements.
a.
For buildings and structures. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) feet.
Section 405.150 "R-1C", "R-1D" Single-Family Residential District.
[Ord. No. 224 §§1 — 2(6.01 — 6.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be single-family dwellings on existing lots in original New Melle. The regulations of this district are designed to create and preserve a predominately urban character as evidenced by lot sizes and street and drainage requirements. In addition to the dwelling permitted in this district, certain compatible recreational and public uses are conditionally allowed and strictly regulated to ensure harmony with the principal use of this district.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
Lot area.
a.
Single-family dwellings shall be located on lots containing nineteen thousand one (19,001) square feet to one (1) acre for "R-1C" and seven thousand (7,000) square feet to nineteen thousand (19,000) square feet for "R-1D".
b.
For uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by Article XI of this Chapter.
c.
Public sewer is required.
d.
Public water required if reasonably accessible.
2.
Lot width and depth. The following minimum dimensions must be provided:
Lot Area | Minimum Lot Depth | Minimum Lot Width At The Building Line | |
|---|---|---|---|
19,001 — 1 acre (R-1C) | 125 | 60 | |
7,000 — 19,000(R-1D) | 80 | 50 |
Where a lot fronts a cul-de-sac, the minimum lot width shall be met at the fifty (50) foot building line. |
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
4.
Dwelling size. The minimum dwelling size shall be one thousand six hundred (1,600) square feet for a ranch house, one thousand eight hundred (1,800) square feet for a one and one-half story (1½) house and two thousand two hundred (2,200) square feet for a two-story.
5.
Yard requirements.
6.
Height requirements.
a.
For buildings and structures. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) feet.
Section 405.155 "R-2" Two-Family Residential District.
[Ord. No. 224 §§1 — 2(7.01 — 7.04), 10-19-2005]
A.
Purpose. This district is intended to delineate areas in the City which are suitable for two (2) single-family attached dwellings occupying a common lot or parcel. This district is intended to create and preserve areas of essentially single-family residential character, utilizing two (2) attached dwellings.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply:
1.
Lot area.
a.
Two-family dwellings shall be located on lots containing a minimum area of one (1) acre.
b.
For uses other than dwellings, the lot area shall be adequate to provide the yard area required by this district and the off-street parking required by Article XI of this Chapter.
c.
Public sewer is required.
d.
Public water required if reasonably accessible.
2.
Lot width and depth. The following minimum dimensions must be provided:
Lot Area | Minimum Lot Depth | Minimum Lot Width At The Building Line | |
|---|---|---|---|
1 acre | 200 | 200 |
Where a lot fronts a cul-de-sac, the minimum lot width shall be met at the fifty (50) foot building line. |
3.
Lot coverage. The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
4.
Dwelling size. The minimum two-family dwelling size shall be two thousand six hundred (2,600) square feet for a ranch unit, two thousand eight hundred (2,800) square feet for a one and one-half (1½) unit and two thousand eight hundred (2,800) square feet for a two-story unit.
6.
Height requirements.
a.
For buildings and structures. No building or structure shall exceed a height of two and one-half (2½) stories or thirty-five (35) feet.
Section 405.160 "R-3" Apartment House District.
[Ord. No. 224 §§1 — 2(8.01 — 8.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is to be multiple-family dwellings at a moderate density. The regulations of this district are designed to permit a low density of population and a moderate intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system and structures or amenities which support, complement or serve such a density and intensity. In addition to the dwellings permitted in this zoning district, there are permitted certain residential and public uses which have been strictly regulated to make them compatible with the principal use of this district.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "R-3" Apartment Districts:
1.
Site area. Any site zoned "R-3" Apartment District shall have an area of five (5) acres.
2.
Minimum lot area. Multi-family (buildings of two and one-half (2½) stories or less with one (1) dwelling unit per one-half (½) acre maximum).
However, in no case shall the total number of units per acre exceed two (2).
For uses other than residential, the lot area shall be adequate to provide the yard areas required in this district and the off-street parking required in Article XI of this Chapter.
3.
Lot width (measured at the building line). Multi-family (buildings of two and one-half (2½) stories or less) — three hundred (300) feet.
For uses other than residential, the lot width shall be adequate to provide the yard area required in this district and the off-street parking required in Article XI of this Chapter.
4.
Lot coverage. The maximum lot coverage by buildings and structures shall not exceed thirty-five percent (35%).
Minimum unit size. Nine hundred (900) square feet per unit. Refer to Article XI of this Chapter for parking requirements.
6.
Height requirements.
a.
No building or structure shall exceed two and one-half (2½) stories above finished grade or thirty-five (35) feet (whichever is lesser) except as provided in Article VI of this Chapter.
b.
Building containing three (3) stories may be occupied for residential purposes, provided that the main entry to such buildings shall be located at mid level so that no occupant shall be required to traverse more than one (1) story of stairs from the main building entrance to the highest or lowest occupied story.
7.
Distance between grouped buildings. In addition to the required setback lines provided elsewhere in this Chapter, in group dwellings (including multiple-family dwellings) the following minimum distances shall be required between each said dwelling:
Front to front | One hundred (100) feet | |
Front to side | One hundred (100) feet | |
Side to side | Sixty (60) feet | |
Back to side | Sixty (60) feet | |
Back to back | Sixty (60) feet | |
Corner to corner | Twenty (20) feet | |
In no instance shall a town house or apartment unit face directly upon the rear of another residential building. | ||
9.
Site plan review. Site plan review by Planning and Zoning Commission prior to issuance of a building permit.
10.
Utilities. Any area zoned "R-3" Apartment District shall be served by approved public water and sewer facilities.
Section 405.165 "R-M" Mobile Home Park District.
[Ord. No. 224 §§1 — 2(9.01 — 9.08), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be for mobile homes and/or mobile home developments. In addition, the purpose of this district is to:
1.
Assure that mobile homes and their developments are an asset to the community and to prevent the development of those which would be a detriment to the community.
2.
To promote mobile home developments with the character of residential neighborhoods.
3.
To protect the health, safety and welfare of mobile home residents and the surrounding community.
4.
To harmonize this type of residential development with other existing and proposed land uses.
5.
To assure adequate service by essential public facilities and services such as roads, Police, water and sewers and drainage structures.
6.
To assure that the persons or agencies responsible for the management of the mobile home development shall be able to provide adequate public facilities and services.
7.
To assure that the establishment of any mobile home development shall not equal excessive expense for public facilities and services.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
General Regulations.
1.
Building permit. Any structure erected or expanded within a mobile home development, including any structures to be erected or expended or any mobile home site therein, shall require a building permit to be issued therefore by the City Engineer and shall meet all regulations of this Chapter and the Building Code.
2.
Application of regulations. A mobile home unit shall not be permitted to occupy a site either initially when brought into a development or upon addition or replacement which violated the yard requirements, area requirements or minimum distances between units except in non-conforming mobile home parks within this district.
3.
Periodic inspection. The City Engineer or any other agents authorized by the City are hereby granted the power and authority to enter upon the premises of any such development at any time for the purpose of determining and/or enforcing any provision or provisions of this or any other City ordinance applicable to the conduct and operation of mobile home developments.
4.
Performance standards. Mobile home developments shall meet the performance standards as required by Article XII of this Chapter.
5.
Site plan review. Site plan review by the Planning and Zoning Commission is required prior to issuance of building permits as required in Article XIII of this Chapter. In those instances where the lots within mobile home developments are to be recorded for sale purposes, the approval of a preliminary plat by the Planning and Zoning Commission shall constitute compliance with this requirement.
E.
District Regulations And Performance Standards. The regulations set forth in the "R-1B" District Section 405.145(D) shall apply, including the following:
1.
Lot area: Every lot or parcel of land occupied by each dwelling shall contain an area of not less than one (1) acre.
2.
Lot width. The minimum lot width shall be one hundred fifty (150) feet.
3.
Off-street parking. Three (3) off-street parking spaces shall be provided for each dwelling unit. In no case shall the paved area designated for the required off-street parking encroach upon the street right-of-way. (See Article XI of this Chapter for additional parking requirements.)
4.
Public utilities required. In no case shall any mobile home and/or development be approved where the home and/or development will not be connected to or provided with a public water and sanitary sewer system.
5.
Effect of regulations. In their interpretation and application, the provisions of this Article shall be considered minimum requirements adopted for the promotion of the public health, safety and welfare. However, recognizing the nature of mobile home units, it is recognized that lots exceeding the minimum yard and area requirements of this Chapter may be required to accommodate some units and that suitable provisions shall be made by potential developers of such mobile home developments in their advance planning to provide for such units. Based upon, this guideline, the fact that the size of a particular mobile home unit or class of mobile units, are such that a violation of any of the minimum yard or area requirements would be created, this in itself shall not be considered an adequate basis for the granting of a variance from such requirements.
6.
Dimensional requirements. From all mobile home stands, the following minimum distance shall be maintained:
a.
Ten (10) feet from lots to a buffer strip.
b.
Thirty (30) feet to the boundary of such development which is not a public street.
c.
Fifty (50) feet to the right-of-way of any public street or highway.
d.
Fifty (50) feet to any parking area designed for general parking in such development (general parking defines parking bays for other than residents).
e.
Fifty (50) feet to any service building in such development.
7.
Minimum accommodations. Each mobile home within such development shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities and plumbing and electrical connections designed for attachments to appropriate external systems.
8.
Landscaping required.
a.
Transition strip. A transition strip of trees and shrubs not less than thirty (30) feet in depth at the rear and side yards, shall be located and maintained along all boundaries of such developments, excepting at established entrances and exits serving such development. Said transition strip shall be of such density as to totally obscure all visible evidence of the development from adjoining property.
[Ord. No. 342 §1, 1-14-2013]
b.
Landscape plan. An organized landscape plan shall be prepared as a separate document and submitted to the Planning and Zoning Commission during the required site plan review for their review and approval. The Commission may either approve, approve with specific revisions or corrections or reject the submitted landscape plan.
c.
Landscape maintenance. Any and all plantings in the development shall be hardy plant materials and maintained thereafter in a neat and orderly manner. Withered and/or dead plant material shall be replaced within a reasonable period of time but no longer than one (1) growing season, as reflected upon the approved landscape plan.
9.
Orientation of mobile homes upon lots. All mobile homes within the mobile home developments regulated by the requirements of this Chapter shall be placed upon their individual lots in such a fashion that the long axis of the mobile home shall face the principal street frontage upon which the lot itself faces. In the case of corner lots, the mobile home may face either street frontage. In the case of double-frontage lots, access shall be restricted to minor streets and not permitted upon collector or arterial streets.
11.
Minimum development area. The total land area of a mobile home or development shall not be less than twenty (20) acres.
12.
Mobile home parks may only be contiguous with light industrial and/or agriculture zoned land.
F.
Public Improvements.
1.
Sanitary sewerage and water facilities. Sanitary sewerage and water facilities shall be of such capacity as to serve all users of the home or development at peak periods. All lines shall be suitable sized and stubbed out to the property lines of the development to provide for future extension of the City sanitary sewerage and water systems for the respective areas remaining to be served.
2.
Storm drainage facilities. Storm drainage facilities shall be so construed as to protect those that will reside in the mobile home or development, as well as the property owners adjacent to the development. Such facilities shall be of such capacity to insure rapid and safe drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development.
3.
Streets and driveways. All roads, driveways, motor vehicle parking spaces shall be paved and constructed as to handle all anticipated peak loads and adequately drained and lighted for safety and ease of movement of pedestrians and vehicles. All roads and driveways shall have curbs and gutters and must conform to all specifications given in the subdivision and land development ordinance.
4.
Sidewalks. Sidewalks not less than four (4) feet in width shall be required on both sides of all arterial and collector streets and on one (1) side of all minor streets and cul-de-sacs.
5.
Construction plans required. All improvements, whether public or private, must conform to all standards and specifications of the City. Engineering drawings of all such improvements shall be submitted to and reviewed and approved by the City prior to the authorization to proceed with the construction of said improvements.
6.
Dumpsters. Where dumpster service is provided in lieu of individual unit trash pickup, dumpsters shall be screened with six (6) foot high privacy fence. Fencing shall completely obscure the dumpster from sight and shall feature a latched gate for access. Dumpster enclosures shall be maintained in good condition and gates shall be kept closed when not actively in use. Dumpsters shall have lids which shall be kept closed when not actively in use. Trash shall not be allowed to escape, blow or accumulate outside of dumpsters. Dumpsters shall be serviced as often as necessary to preclude overfilling to the point that lids cannot be closed. Dumpsters shall be maintained in good condition with functional lids and cleaned sufficiently often to preclude the accumulation of putrescible material and the emanation of objectionable odors.
7.
Mailboxes. A central mailbox facility shall be provided near the entrance to the mobile home park easily accessible to the carrier. Each lot shall be provided a lockable box sufficiently large to contain that resident's mail. The resident shall be provided with a key to access the box. The mailbox facility shall be weathertight and maintained in good condition.
G.
Mobile Home Setup Requirements.
1.
Mobile home stands. Each mobile home shall be provided with a stand consisting of either a solid concrete pad not less than four (4) inches thick and not less than the length and width of the mobile home that will use the site or piers of fourteen (14) inches in diameter, thirty (30) inches deep and placed on six (6) foot centers. The stand shall be so constructed, graded, placed and maintained to be durable and adequate for the support of the maximum anticipated load during all seasons.
2.
Blocks and tie downs. Each mobile home shall be supported on uniform jacks or blocks and tied down as required by City ordinance and State law.
3.
Skirting. Uniform skirting of each mobile home base shall be required within fourteen (14) days after initial placement. Such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to this mobile home so as to deter and prevent entry of rodents and insects. Storage of goods and articles underneath any mobile home or out-of-doors at any mobile home site shall be prohibited.
4.
Underground lines. All electrical, telephone and other lines from supply poles outside the park or other source to each mobile home site shall be underground.
5.
Sanitary sewer and water connections. All water and sanitary sewerage facilities, including the connection to all mobile home sites, shall be constructed so that all facilities and lines are protected from freezing, from bumping or from creating any type of nuisance or health hazard. Such connections shall not exceed ten (10) feet in length above ground.
H.
Non-Conforming Mobile Home Parks. Where on the date of adoption of amendment of this Chapter a lawful mobile home park existed that is no longer permissible under the provisions of this Chapter, such mobile home park may continue so long as it remains otherwise lawful subject to the following provisions.
1.
Violations not validated. A non-conforming mobile home park violation of a provision of the ordinance which this repeals shall not be validated by the adoption of this Chapter.
2.
Enlargement. No such non-conforming mobile home park shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Chapter and no additional accessory use, building or structure shall be established thereon, unless in complete compliance with the requirements of this Chapter. Nor shall the mobile homes within the existing site be rearranged to increase their number of density within the existing confines of the park.
3.
Relocation. No such non-conforming mobile home park shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this Chapter or to a parcel or lot not in conformance with this Chapter.
4.
Destruction. Should any such non-conforming mobile home park be destroyed by any means to an extent of fifty or more percent (50%) of its replacement, it shall not be reconstructed except in conformity with the requirements of this Chapter.
5.
Discontinuance. If such non-conforming mobile home park ceases for any reason for a period of more than one hundred eighty (180) consecutive days (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter for the district in which such parcel or lot is located.
6.
Ownership. All non-conforming mobile home parks shall be and shall remain in one (1) ownership and primarily designed for the purpose of renting spaces for the placement of mobile home dwelling units. In no instance shall non-conforming mobile home parks be sold as lots for permanent mobile home residences.
7.
Ownership. All non-conforming mobile home parks shall maintain an up-to-date registry of each mobile home unit and site, showing the length, width and area of the site the registry shall be open inspection by the City.
8.
Limitation on permitted uses. Within all non-conforming mobile home parks, the permitted uses of such park shall be limited to the following:
a.
Mobile homes.
b.
Accessory buildings or structures under park management supervision shall be used only as office space, storage, laundry facilities, recreation facilities, garage storage or other necessary service for park resident use only. No accessory building or structure shall exceed the roof line of the dwelling.
9.
Minimum distances. Within all non-conforming mobile home parks the minimum distances maintained between mobile homes shall be in conformity with the requirements of the adopted Building and Fire Codes, applicable State laws or a development plan previously approved by the City, whichever standard being the more restrictive.
10.
Storage of flammable materials. Any fuel oil and/or gas storage shall be centrally located in underground tanks at least one hundred (100) feet from any mobile home site. All fuel lines leading to a park and to mobile home sites shall be underground and so designed as to conform with the Building Code and any State code that is applicable. When separate meters are installed, each shall be located in a uniform manner. This restriction shall not apply to propane gas tanks used for individual home use.
11.
Fire extinguishers. Every mobile home park shall be equipped at all times with fire extinguishing equipment in good working order to such type, size, number and so located within the park to satisfy the regulations of the Missouri State Fire Marshall and the City.
12.
Park maintenance. Park owners and management are required to maintain the physical and natural facilities and features of the park in a neat, orderly and safe condition.
13.
Parking. No parking area or parking space which exists at the time this Chapter becomes effective or which subsequent thereto is provided for the purpose of complying with the provisions of this Chapter shall thereafter be relinquished or reduced in any manner.
14.
Existing of non-conforming. In cases of doubt and on specific questions raised concerning whether a mobile home park has non-conforming status or if an element of such park has non-conforming status, it shall be treated as a question of fact and shall be decided by the Board upon receipt of a report and recommendation on the matter from the Planning and Zoning Commission.
Section 405.170 "C-O" Office District.
[Ord. No. 224 §§1 — 2(10.01 — 10.04), 10-19-2005]
A.
Purpose. It is recognized by this Chapter that the value to the public of designating certain areas of the City for office use is represented in the employment opportunity to citizens and the resultant economic benefits to the City. This use is characterized by a minimal amount of such nuisance factors as noise, heat, glare and the emission of air pollutants.
This district has been located within the City to permit the development of this office use, to protect adjacent residential areas against the encroachment of incompatible uses and to lessen congestion on public streets and highways. To these ends, certain uses which interfere with the operation of this type of business activity and the purpose of this district have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "C-O" Office Districts:
1.
Site area. No minimum lot size.
2.
Lot coverage. The maximum lot coverage by structures shall not exceed twenty-five percent (25%).
3.
Yard requirements.
a.
Front yard. Not less than twenty-five (25) feet.
b.
Side yards. Least width of either side yard shall not be less than thirty (30) feet, except in the case of a corner lot or parcel where the side yard on the road or street shall not be less than twenty-five (25) feet. Transition strip requirements for abutting residential shall be a minimum twenty-foot planting screen within the side yard.
[Ord. No. 342 §2, 1-14-2013]
c.
Rear yards. Not less than thirty-five (35) feet. Transition strip requirements for abutting residential shall include a minimum twenty-foot planting screen within the rear yard.
[Ord. No. 342 §2, 1-14-2013]
d.
The above yard requirements shall apply to every lot, building or structure.
4.
Height requirements.
a.
No building or structure shall exceed two and one-half (2½) stories above finished grade or thirty-five (35) feet (whichever is lesser) except as provided in Article VI of this Chapter.
b.
Buildings containing two and one-half (2½) stories may be occupied for residential purposes, provided that the main entry to such buildings shall be located at mid level so that no occupant shall be required to traverse more than one (1) story of stairs from the main building entrance to the highest or lowest occupied story.
5.
Landscaping and screening regulations. As required in Article X of this Chapter. (Note: Of particular importance when adjacent to residential uses.)
7.
Site plan review. Site plan review by Planning and Zoning Commission prior to issuance of a building permit as required in Article XIII of this Chapter.
8.
Utilities. Any area zoned "C-O" Office District shall be served by approved public water and sewer facilities.
Section 405.175 "C-1" Restricted Business District.
[Ord. No. 224 §§1 — 2(11.01 — 11.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be local retail, service and restricted repair business activities which serve surrounding residential neighborhoods. This district has been located within the City to permit the development of these business activities to protect adjacent areas against the encroachment of incompatible uses and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in "C-1" Restrict Business Districts:
1.
Site area. No minimum lot size.
2.
Lot coverage. The maximum lot coverage by structures shall not exceed thirty percent (30%).
3.
Yard and setback requirements.
a.
Front yard. Not less than twenty-five (25) feet.
b.
Side yards. Not required in this district except where a side line of a "C-1" lot abuts the side line of a residential or office lot; in that instance a side yard of thirty (30) feet shall be provided and shall include a minimum transition strip of twenty (20) feet. A side yard of twenty-five (25) feet shall be provided on the side of a corner lot.
[Ord. No. 342 §3, 1-14-2013]
c.
Rear yards. Not less than thirty-five (35) feet. Transition strip requirements for abutting residential shall include a minimum twenty-foot planting screen within the thirty-five-foot rear yard.
[Ord. No. 342 §3, 1-14-2013]
4.
Height requirements. No building or structure shall exceed a height of thirty-five (35) feet or two and one-half (2½) stories.
5.
Performance standards.
a.
Wholesale sales are prohibited.
b.
Outdoor storage or display of merchandise, materials or equipment is prohibited.
d.
No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.
e.
Flea markets, both those held inside and outside of a structure are prohibited.
7.
Site plan review. Site plan review by Planning and Zoning Commission prior to issuance of a building permit as required in Article XIII of this Chapter.
8.
Landscaping and screening regulations. As required in Article X of this Chapter. (Note: Of particular importance when adjacent to residential use.)
9.
Utilities. Any area zoned "C-1" Restricted Business District should be served by approved public water and sewer facilities.
Section 405.180 "C-2" General Business District.
[Ord. No. 224 §§1 — 2(12.01 — 12.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be general retail, service and repair business activities which serve the entire City and surrounding area. This district has been located within the City to permit the development of these business activities, to protect adjacent areas against encroachment by incompatible uses and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "C-2" General Business Districts:
1.
Site area. No minimum lot size.
2.
Maximum lot coverage. Eighty-five percent (85%).
3.
Yard and setback requirements.
a.
Front yard. Not less than twenty-five (25) feet, including all signs, pump islands and canopies of gasoline service stations.
b.
Side yards. Not required in this district except where a side line of a "C-2" lot abuts the side line of a residential or office lot; in that instance a side yard of thirty (30) feet shall be provided and shall include a minimum transition strip of twenty (20) feet. A side yard of twenty-five (25) feet shall be provided on the side of a corner lot.
[Ord. No. 342 §4, 1-14-2013]
c.
Rear yards. Not less than thirty-five (35) feet. Transition strip requirements for abutting residential shall include a minimum twenty-foot planting screen within the thirty-five-foot rear yard.
[Ord. No. 342 §4, 1-14-2013]
4.
Height requirements.
a.
No building or structure shall exceed two and one-half (2½) stories above finished grade or thirty-five (35) feet (whichever is lesser) except as provided in Article VI of this Chapter.
b.
Buildings containing three (3) stories may be occupied for residential purposes, provided that the main entry to such buildings shall be located at mid level so that no occupant shall be required to traverse more than one (1) story of stairs from the main building entrance to the highest or lowest occupied story.
6.
Site plan review. Site plan review by the Planning and Zoning Commission prior to issuance of a building permit as required in Article XIII of this Chapter.
7.
Landscaping and screening regulations. As required in Article X of this Chapter. (Note: Of particular importance when adjacent to residential uses.)
8.
Utilities. Any area zoned "C-2" General Business District shall be served by approved public water and sewer facilities.
Section 405.185 "C-3" Highway Commercial District.
[Ord. No. 224 §§1 — 2(13.01 — 13.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be general retail, service and repair business activities which serve the entire City and surrounding area. This district had been located within the City to permit the development of these business activities, to protect adjacent areas against encroachment by incompatible uses and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "C-3" Highway Commercial Districts:
1.
Site area. Minimum lot area one (1) acre.
2.
Lot coverage. The maximum lot coverage by structures shall not exceed thirty percent (30%).
3.
Yard requirements.
a.
Front yard. Not less than thirty (30) feet including all signs and the pump islands of gasoline service stations.
b.
Side yards. Least width of either yard shall not be less than twenty (20) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than thirty (30) feet. Transition strip requirements for abutting residential shall include a minimum twenty-foot planting screen within the thirty-foot side yard.
[Ord. No. 342 §5, 1-14-2013]
c.
Rear yards. Not less than thirty-five (35) feet. Transition strip requirements for abutting residential shall include a minimum twenty-foot planting screen within the thirty-five-foot rear yard.
[Ord. No. 342 §5, 1-14-2013]
4.
Height requirements. No building or structure shall exceed two and one-half (2½) stories above finished grade or thirty-five (35) feet (whichever is lesser) except as provided in Article VI of this Chapter.
6.
Site plan review. Site plan review by Planning and Zoning Commission prior to issuance of a building permit as required in Article XIII of this Chapter.
7.
Landscaping and screening regulation. See Article X of this Chapter. (Note: Of particular importance where adjacent to residential uses.)
8.
Utilities. Any area zoned "C-3" Highway Commercial District shall be served by approved public water and sewer facilities.
Section 405.190 "I-1" Light Industrial District.
[Ord. No. 224 §§1 — 2(14.01 — 14.04), 10-19-2005]
A.
Purpose. This district is composed of the area of the City whose principal use is or ought to be light manufacturing, warehousing and other light industrial uses. These uses generate considerable noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards and harmful or obnoxious matter. This district has been located within the City to permit the development of these industrial uses, to protect adjacent areas against encroachment by incompatible uses and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this district have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "I-1" Industrial Districts:
1.
Site area. Minimum lot area five (5) acres.
2.
Lot coverage. The maximum lot coverage by structures shall not exceed fifty percent (50%).
3.
Yard and setback requirements.
a.
Front yard. Not less than thirty (30) feet.
b.
Side yards. Least width of either yard shall not be less than twenty-five (25) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than fifty (50) feet. Transition strip requirements for abutting residential shall include a minimum fifty-foot planting screen within the fifty-foot side yard.
[Ord. No. 342 §6, 1-14-2013]
c.
Rear yards. Not less than one hundred (100) feet. Transition strip requirements for abutting residential shall include a minimum one-hundred-foot planting screen within the one-hundred-foot rear yard.
[Ord. No. 342 §6, 1-14-2013]
4.
Height requirements. No building or structure shall exceed two and one-half (2½) stories above finished grade or thirty-five (35) feet (whichever is lesser) except as provided in Article VI of this Chapter.
5.
Landscaping and screening regulations. See Article X of this Chapter. (Note: Of particular importance where adjacent to residential uses.)
6.
Utilities. Any area zoned "I-1" Light Industrial District shall be served by approved public water and sewer facilities.
8.
Site plan review. Site plan review prior to issuance of a building permit as required in Article XIII of this Chapter.
9.
Performance standards.
a.
All industrial operations shall be conducted within a fully enclosed building.
b.
All storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, wooded fences or brick walls or combinations of these materials at least eight (8) feet in height so that said materials and equipment are not visible at eye level within one thousand (1,000) feet of the property line.
Section 405.195 "I-2" Heavy Industrial District.
[Ord. No. 224 §§1 — 2(15.01 — 15.04), 10-19-2005]
A.
Purpose. This district is composed of the area of the City whose principal use is or ought to be heavy manufacturing, warehousing and other heavy industrial uses. These uses generate considerable noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive, radioactive and other hazards and harmful or obnoxious matter. This district has been located within the City to permit the development of these industrial uses, to protect adjacent areas against encroachment by incompatible uses and to lessen congestion on public streets. To these ends, certain uses which would function more effectively in other districts and would interfere with the operation of these industrial activities and the purpose of this district have been excluded.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "I-2" Industrial Districts:
1.
Site area. Ten (10) acres minimum, unless the proposed project abuts an existing industrial zone.
2.
Lot width. The minimum lot width shall be seventy-five (75) feet.
3.
Lot coverage. The maximum lot coverage by structures shall not exceed fifty percent (50%).
4.
Yard requirements.
a.
Front yard. Not less than fifty (50) feet.
b.
Side yards. Least width of either yard shall not be less than fifty (50) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than fifty (50) feet. Transition strip requirements for abutting residential shall include a minimum fifty-foot planting screen within the fifty-foot side yard.
[Ord. No. 342 §7, 1-14-2013]
c.
Rear yards. Not less than one hundred (100) feet. Transition strip requirements for abutting residential shall include a minimum one-hundred-foot planting screen within the one-hundred-foot rear yard.
[Ord. No. 342 §7, 1-14-2013]
5.
Height requirements. No building or structure shall exceed two and one-half (2½) stories above finished grade or thirty-five (35) feet (whichever is lesser) except as provided in Article VI of this Chapter.
6.
Landscaping and screening regulations. See Article X of this Chapter. (Note: Of particular importance where adjacent to residential uses.)
7.
Utilities. Any area zoned "I-2" Heavy Industrial District shall be served by approved public water and sewer facilities.
9.
Site plan review. Site plan review prior to issuance of a building permit as required in Article XIII of this Chapter.
10.
Performance standards.
a.
All industrial operations shall be conducted within a fully enclosed building.
b.
All storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, wooded fences or brick walls or combinations of these materials at least eight (8) feet in height so that said materials and equipment are not visible at eye level within one thousand (1,000) feet of the property line.
Section 405.200 "AG" Agricultural District.
[Ord. No. 224 §§1 — 2(16.01 — 16.04), 10-19-2005]
A.
Purpose. This district is composed of those areas of the City whose principal use is and ought to be farming. The regulations of this district are designed to conserve, stabilize, enhance and develop farming and related resource utilization activities.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "AG" Agricultural Districts:
1.
Lot area. No building or structure shall be established on any lot less than three (3) acres. The minimum lot area for the raising and keeping livestock shall be ten (10) acres, except that horses may be kept on a minimum of three (3) acres, not to exceed one (1) horse per acre.
2.
Lot width. The minimum lot width shall be one hundred fifty (150) feet.
3.
Lot coverage. The maximum lot coverage by structures shall not exceed ten percent (10%).
4.
Yard and setback requirements.
a.
Front yard. Not less than fifty (50) feet from the right-of-way.
b.
Side yards. Least width of either yard shall not be less than thirty (30) feet except in the case of a corner lot where the side yard on the street side shall not be less than fifty (50) feet.
c.
Rear yard. Not less than fifty (50) feet.
d.
The above requirements shall apply to every lot, building or structure, provided further that where livestock is raised or kept, no structure or storage of hay, feed or manure shall be located less than one hundred (100) feet from a property line.
5.
Height requirement. Except as otherwise provided in Article VI of this Chapter, the following the height requirements shall apply in this district.
a.
For dwelling and non-farm buildings and structures. No dwelling or non-farm building or structure shall exceed a height of two and one-half (2½) stories.
b.
For general and specialized farm buildings and structures. No general and specialized farm building and structures shall exceed a height of fifty (50) feet.
Section 405.205 "P-R" Park Recreation District.
[Ord. No. 224 §§1 — 2(17.01 — 17.04), 10-19-2005]
A.
Purpose. The value to the public of certain open areas of the City is represented in their natural, undeveloped or unbuilt condition. It is recognized by this Chapter that the principal use of certain open areas is and ought to be the development, management and utilization of the natural resource base possessed by these areas. In order that this value may be maintained and this use encouraged, this Chapter has established, based upon a well considered plan, a zoning district designed to regulate the location of buildings and structures and the use of parcels and lots in order to protect and enhance the natural resources, natural amenities, natural habitats of wildlife, watershed and reservoir areas, agricultural capabilities, parks and public recreation areas and the public health, safety and welfare by reducing the hardship and financial burdens imposed upon the City by the water destruction of resources, the improper and wasteful use of open land, wooded areas and the periodic flooding and overflow of creeks and streams.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix A to this Title IV.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix A to this Title IV.
D.
Regulations And Performance Standards. The following regulations shall apply in all "P-R" Park-Recreation Districts:
1.
Lot area. No restriction.
2.
Lot width. No restriction.
3.
Lot coverage. The maximum lot coverage by structures shall not exceed ten percent (10%).
4.
Yard and setback requirements.
a.
Front yard. Not less than sixty (60) feet from the right-of-way.
b.
Side yard. Least width of either yard shall not be less than thirty (30) feet; except in the case of a corner lot where the side yard on the road or street side shall not be less than sixty (60) feet.
c.
Rear yard. Not less than fifty (50) feet.
5.
Height requirements. Except as otherwise provided in Article VI of this Chapter, the following height requirements shall apply in this district for all buildings and structures: no building or structure shall exceed two and one-half (2½) stories or thirty-five (35) feet.
Section 405.210 (Reserved) [1]
[1]
Editor’s Note: Former Section 405.210, Historical Preservation District, as adopted and amended by Ord. No. 224 §§1 — 2(18.01 — 18.04), 10-19-2005, was repealed 3-21-2012 by Ord. No. 326 §2.