Peculiar City Zoning Code
ARTICLE IV
Districts
Section 400.260 Districts Designated.
[Ord. No. 111808 §1(400-400), 11-18-2008; Ord. No. 03212022A, 3-21-2022; Ord. No. 03062023, 3-6-2023]
For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, repair or use of buildings and the location of buildings designed for specific uses and regulating and limiting the height of buildings hereafter erected or altered and regulating and determining the area of yards or courts and other open spaces in connection with buildings hereinafter erected or altered, the incorporated territory of the City of Peculiar, Missouri, is hereby divided into the following districts:
"AG" | Agriculture District |
"RRE" | Rural Residential Estate District |
"RDR" | Rural Density Residential |
"RLL" | Residential Large Lot |
"R-1" | Single-Family Dwelling District |
"R-2" | Two-Family Dwelling District |
"R-3" | Multiple-Family Dwelling District |
"R-4" | Multiple-Family and Congregate Housing |
"O-C" | Office Commercial District |
"C-1" | General Business District |
"C-2" | Central Business District |
"DOD" | Downtown Overlay District |
"C-P" | Planned Business District |
"I-1" | Light Industrial District |
"I-2" | Heavy Industrial District |
"H" | Historic Overlay District |
Section 400.270 Official District Map Adopted.
[Ord. No. 111808 §1(400-401), 11-18-2008]
A.
Boundaries of the districts are hereby established as shown on the Official District Map which, together with all descriptive matter relating thereto, including, but not limited to, notations regarding amendments to the map, is hereby adopted by reference and made a part of this code.
B.
Regardless of the existence of purported copies of the District Map, which may from time to time be made or published, the Official District Map shall be located in the Office of the City Planner and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.
Section 400.280 Interpretation of District Boundaries.
[Ord. No. 111808 §1(400-402), 11-18-2008]
A.
Where uncertainty exists as to the location of zoning district boundaries, the following provisions shall govern the interpretation of their location as shown on the Official District Map:
1.
Zoning district boundaries follow the boundary of street, alley, waterway and railroad rights-of-way, unless otherwise indicated. When the designation of a boundary line on the District Map coincides with a street, alley, waterway or railroad right-of-way line, such right-of-way line shall be construed to be the boundary line of such district.
2.
When zoning district boundaries do not coincide with the location of street, alley, waterway or railroad rights-of-way, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
3.
Whenever any street, alley or public way is vacated by official action of the Board of Aldermen, the zoning districts adjoining each side of such street, alley or public right-of-way shall be automatically extended to the center of such vacation and all area included in the vacation shall be subject to all regulations of the extended district.
B.
Where features existing on the ground contradict those shown on the Official District Map or in case any other uncertainty exists, the location of district boundaries shall be determined by the City Planner.
Section 400.290 Changes To Official District Map.
[Ord. No. 111808 §1(400-403), 11-18-2008]
Changes to the Official District Map shall be entered on the map promptly after the amendment has been approved by the Board of Aldermen, with the number of the amending ordinance entered either within the changed area or in a fashion that would clearly relate the ordinance number to the changed area.
Section 400.300 Replacement of Official District Map.
[Ord. No. 111808 §1(400-404), 11-18-2008]
In the event that the Official District Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Aldermen may adopt by ordinance a new Official District Map, which shall supersede the prior Official District Map. The new Official District Map shall be identified by the signature of the Mayor, attested by the City Clerk and shall bear the Seal of the City. Unless the prior Official District Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
Section 400.310 Zoning Upon Annexation.
[Ord. No. 111808 §1(400-405), 11-18-2008; Ord. No. 07012013A, 7-1-2013]
Whenever any land shall be annexed to the municipality, the zoning designation of such land shall, at the discretion of the City Planner, be changed to "AG" Agriculture or to the municipal zoning designation that most closely resembles the existing use of the property.
Section 400.320 Allowed Uses.
[Ord. No. 111808 §1(400-406), 11-18-2008]
A.
Uses listed as permitted may be conducted within the districts allowed upon approval of any required building plans and certificate of occupancy.
Section 400.330 Design Standards.
Section 400.340 Parking Requirements.
[Ord. No. 111808 §1(400-408), 11-18-2008]
Parking for each use shall be provided as required by Article VI.
Section 400.350 Signage.
[Ord. No. 111808 §1(400-409), 11-18-2008]
Signage for each use may be allowed as provided in Article IX.
Section 400.360 District "AG" Agriculture.
[Ord. No. 111808 §1(400-410.1 — 3), 11-18-2008; Ord. No. 101711 §1, 10-17-2011; Ord. No. 04162012 §I, 4-16-2012; Ord. No. 02192013, 2-19-2013; Ord. No. 03032014A §II, 3-3-2014; Ord. No. 03062023, 3-6-2023]
A.
The "AG" Agriculture District is intended to conserve farmland for agricultural purposes and to serve as a holding zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been determined.
1.
Permitted Uses. No building, structure, land or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
a.
Permitted uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.[1]
[1]
Editor's Note: The Approved Land Use Table is included as an attachment to this Chapter.
b.
Agriculture, horticulture, orchards and general farming, excluding the raising, breeding or processing of livestock or farm animals [except the keeping of up to ten (10) chickens is permitted in accordance with Peculiar Municipal Code Chapter 205].
c.
Single-family dwelling, detached.
d.
Stable, private or public or riding.
e.
Keeping of one (1) horse in accordance with the following conditions:
(1)
A minimum area of two and one-half (2 1/2) or more acres are required for each horse.
(2)
The animal must have access to adequate food and water.
(3)
The animal must have access to shade and, at a minimum, a permanent-type lean-to that protects from wind.
(4)
The owner shall provide adequate care and control of the animal to ensure its health and safety, including a properly fenced outdoor area large enough for exercising.
(5)
All other provisions of the Peculiar Municipal Code regarding the keeping of animals shall be complied with.
f.
Keeping of one (1) head of cattle, two (2) sheep, or two (2) goats in accordance with the following conditions:
(1)
A minimum area of two and one-half (2 1/2) acres is required for each head of cattle, or two (2) sheep or goats, with a minimum total of ten (10) acres of grazing land per owner.
(2)
The animal must have access to adequate food and water.
(3)
The owner shall provide adequate care and control of the animal to ensure its health and safety, including a properly fenced outdoor area large enough for exercising.
(4)
All other provisions of the Peculiar Municipal Code regarding the keeping of animals shall be complied with.
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the special uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table,[2] without prior approval of a special use permit in accordance with Article V.
[2]
Editor's Note: The Approved Land Use Table is included as an attachment to this Chapter.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. Buildings or structures shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height, except accessory agricultural equipment structures designed to be fireproof.
b.
Front Yards. There shall be a front yard of at least fifty (50) feet.
c.
Side Yards. There shall be a side yard on each side of a building of at least twenty (20) feet.
d.
Rear Yards. There shall be a rear yard of at least forty (40) feet.
e.
Lot Area.
(1)
Single-family dwellings shall provide a lot area of at least twenty (20) acres, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
(2)
All other uses shall provide a lot area of at least twenty (20) acres.
f.
Minimum Lot Width. There shall be a minimum lot width of three hundred thirty (330) feet.
g.
Residential Floor Area. Each single-family dwelling shall provide at least one thousand five hundred (1,500) square feet of residential floor area.
Section 400.365 District "RRE" Rural Residential Estate.
[Ord. No. 111808 § 1(400-415.1 —4) , 11-18-2008; Ord. No. 101711 § 1, 10-17-2011; Ord. No. 04162012 § II, 4-16-2012; Ord. No. 03062023, 3-6-2023]
A.
The "RRE" District is the most restrictive residential district and is intended to protect low density residential areas from higher density residential development and from the encroachment of incompatible uses. The principal use of land in this district is low density single-family dwellings and related recreational, religious and educational facilities.
1.
Permitted Uses. No building, structure, land or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
a.
Bed and breakfast inn.
b.
Day care, child.
c.
Place of religious exercise or religious assembly.
d.
Railroad rights-of-way, excluding rail yards.
e.
Single-family dwelling.
f.
Keeping of one (1) horse in accordance with the following conditions:
(1)
A minimum area of two and one-half (2 1/2) or more acres are required for each horse.
(2)
The animal must have access to adequate food and water.
(3)
The animal must have access to shade and, at a minimum, a permanent type lean to that protects from wind.
(4)
The owner shall provide adequate care and control of the animal to ensure its health and safety, including a properly fenced outdoor area large enough for exercising.
(5)
All other provisions of the Peculiar Municipal Code regarding the keeping of animals shall be complied with.
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Cemetery, mausoleum or columbarium.
b.
Club, private.
c.
Golf course or golf driving range, except miniature golf course.
d.
Group home.
e.
Keeping of animals by a non-profit organization for youth and educational activities.
f.
(Reserved)
g.
Public facility, use or utility.
h.
Public or private park or similar natural recreation area.
i.
Public or private school offering a curriculum that meets State standards for grades K through 12.
j.
Stable, Private.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. Buildings or structures shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height, except that on lots having a natural slope, three (3) stories may be exposed above grade on the downhill side.
b.
Front Yards. There shall be a front yard of at least fifty (50) feet.
c.
Side Yards. There shall be a side yard on each side of a building of at least twenty (20) feet.
d.
Rear Yards. There shall be a rear yard of at least forty (40) feet.
e.
Lot Area.
(1)
All uses shall provide a lot area of at least ten (10) acres, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
(2)
The maximum lot area shall not exceed least twenty (20) acres.
f.
Residential Floor Area. Each single-family dwelling shall provide at least one thousand five hundred (1,500) square feet of residential floor area.
g.
Minimum Lot Width: There shall be a minimum lot width of three hundred thirty (330) feet.
4.
Design Standards.
a.
Driveway approach and surfacing requirements shall be as contained in Section 400.820, Paving Required, Alternatives.
b.
Manufactured or mobile homes shall not be allowed as principal or accessory structures.
c.
Up to three (3) detached accessory structures plus one (1) minor structure not exceeding one hundred (120) square feet may be allowed under the following conditions:
(1)
Parcels between ten (10) acres and fifteen (15) acres in size may have up to a total of six thousand (6,000) square feet of detached accessory structures.
(2)
Parcels between fifteen (15) acres and twenty (20) acres in size may have up to a total of ten thousand (10,000) square feet of detached accessory structures.
Section 400.370 District "RDR" Rural Density Residential.
[Ord. No. 03062023, 3-6-2023]
A.
The "RDR" Rural Density Residential District is established to provide rural density single-family detached residential development on three (3) acre minimum lot sizes. The "RDR" residential density supports the Peculiar Comprehensive Plan by providing multiple housing types and varied lot sizes.
1.
Permitted Uses. No building, structure, land or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Cemetery, mausoleum or columbarium.
b.
Club, private.
c.
Golf course or golf driving range, except miniature golf course.
d.
Group home.
e.
(Reserved)
f.
Public facility, use or utility.
g.
Public or private park or similar natural recreation area.
h.
Public or private school offering a curriculum that meets State standards for grades K through 12.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. Buildings or structures shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height, except that on lots having a natural slope, three (3) stories may be exposed above grade on the downhill side.
b.
Front Yards. There shall be a front yard of at least fifty (50) feet.
c.
Side Yards. There shall be a side yard on each side of a building of at least twenty (20) feet.
d.
Rear Yards. There shall be a rear yard of at least forty (40) feet.
e.
Lot Area. All uses shall provide a lot area of at least three (3) acres, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
f.
Residential Floor Area. Each single-family dwelling shall provide at least one thousand five hundred (1,500) square feet of residential floor area.
g.
Minimum Lot Width. There shall be a minimum lot width of two hundred twenty (220) feet.
4.
Design Standards.
a.
Driveway approach and surfacing requirements shall be as contained in Section 400.820, Paving Required, Alternatives.
b.
Manufactured or mobile homes shall not be allowed as principal or accessory structures.
c.
Up to three (3) detached accessory structures plus one (1) minor structure not exceeding one hundred (120) square feet may be allowed under the following conditions:
(1)
Parcels between three (3) acres and four and nine-tenths (4.9) acres in size may have up to a total of two thousand (2,000) square feet of detached accessory structures.
(2)
Parcels between five (5) acres and nine and nine-tenths (9.9) acres in size may have up to a total of five thousand (5,000) square feet of detached accessory structures.
Section 400.375 District "RLL" Residential Large Lot.
[Ord. No. 03062023, 3-6-2023]
A.
The "RLL" Residential Large Lot District is established to provide for the creation of new large lot single-family detached residential subdivision developments one (1) acre minimum lot sizes. The "RLL" residential density supports the Peculiar Comprehensive Plan by providing multiple housing types and varied lot sizes. RLL subdivisions are required to be serviced by a publicly provided sanitary sewer system. Upon the approval of the City Engineer, "RLL" subdivisions may utilize low pressure grinder pump systems where gravity sewers are not feasible and where they will not prevent gravity sewers elsewhere in the watershed.
1.
Permitted Uses. No building, structure, land or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Cemetery, mausoleum or columbarium.
b.
Club, private.
c.
Golf course or golf driving range, except miniature golf course.
d.
Group home.
e.
(Reserved)
f.
Public facility, use or utility.
g.
Public or private park or similar natural recreation area.
h.
Public or private school offering a curriculum that meets State standards for grades K through 12.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. Buildings or structures shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height, except that on lots having a natural slope, three (3) stories may be exposed above grade on the downhill side.
b.
Front Yards. There shall be a front yard of at least forty (40) feet.
c.
Side Yards. There shall be a side yard on each side of a building of at least twenty (20) feet.
d.
Rear Yards. There shall be a rear yard of at least forty (40) feet.
e.
Lot Area. All uses shall provide a lot area of at least one (1) acre, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
f.
Residential Floor Area. Each single-family dwelling shall provide at least one thousand five hundred (1,500) square feet of residential floor area.
g.
Minimum Lot Width. There shall be a minimum lot width of one hundred (100) feet.
4.
Design Standards.
a.
Two (2) foot wide ribbon curbs that meet the specifications and standards set approved by the City Engineer shall be permitted on subdivision streets in a single-family subdivision if the density is one (1) dwelling unit per gross acre or less, excluding unimproved and/partially improved drainage areas.
b.
Driveway approach and surfacing requirements shall be as contained in Section 400.820, Paving Required, Alternatives.
c.
One (1) detached accessory structures plus one (1) minor structure is permitted in which the combined square footage does not exceed the square footage of the primary structure.
d.
Manufactured or mobile homes shall not be allowed as principal or accessory structures.
Section 400.380 District "R-1" Single-Family Dwelling.
[Ord. No. 111808 §1(400-420.1 — 3), 11-18-2008; Ord. No. 04162012 §III, 4-16-2012; Ord. No. 11072022E, 11-7-2022]
A.
The "R-1" District is intended to provide residential areas characterized by single-family dwellings. The principal use of land in this district is low density single-family dwellings and related recreational, religious and educational facilities.
1.
Permitted Uses. No building, structure, land or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Cemetery, mausoleum or columbarium.
b.
Golf course or golf driving range, except miniature golf course.
c.
Group home.
d.
Hospital.
e.
Public facility, use or utility.
f.
Public or private park or similar natural recreation area.
g.
Public or private school offering a curriculum that meets State standards for grades K through 12.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved, or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this code:
a.
Height. Buildings or structures shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height, except that on lots having a natural slope, three (3) stories may be exposed above grade on the downhill side.
b.
Front Yards. There shall be a front yard of at least thirty (30) feet.
c.
Side Yards. There shall be a side yard on each side of a building of at least ten (10) feet.
d.
Rear Yards. There shall be a rear yard of at least thirty (30) feet.
e.
Lot Area.
(1)
Single-family dwellings shall provide a lot area of at least eight thousand four hundred (8,400) square feet, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
(2)
All other uses shall provide a lot area of at least one-half (1/2) acre.
f.
Residential Floor Area. Each single-family dwelling shall provide at least one thousand two hundred fifty (1,250) square feet of residential floor area.
g.
Lot Coverage. Single-family dwellings shall not cover more than thirty percent (30%) of the lot area.
h.
Lot Width. The minimum lot width shall be at least seventy (70) feet measured at the minimum front setback line.
i.
Lot Depth. The minimum lot depth shall be at least one hundred (100) feet.
Section 400.390 District "R-2" Two-Family Dwelling.
[Ord. No. 111808 §1(400-425.1 — 3), 11-18-2008; Ord. No. 011910 §1, 1-19-2010; Ord. No. 11072022E, 11-7-2022]
A.
The "R-2" District is intended to provide residential areas characterized by single-family and two-family dwellings when located along a street classified as a collector or higher. Increased densities and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is low density single- and two-family dwellings and related recreational, religious, and educational facilities.
1.
Permitted Uses. No building, structure, land, or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Cemetery, mausoleum, or columbarium.
b.
Golf course or golf driving range, except miniature golf course.
c.
Hospital.
d.
Public facility, use or utility.
e.
Public or private park or similar natural recreation area.
f.
Public or private school offering a curriculum that meets State standards for grades K through 12.
g.
Retirement housing, up to twelve (12) units.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this code:
a.
Height. Buildings or structures shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height, except that on lots having a natural slope, three (3) stories may be exposed above grade on the downhill side.
b.
Front Yards. There shall be a front yard of at least thirty (30) feet.
c.
Side Yards. There shall be a side yard on each side of a building of at least ten (10) feet.
d.
Rear Yards. There shall be a rear yard of at least thirty (30) feet.
e.
Lot Area.
(1)
Single-family dwellings shall provide a lot area of at least eight thousand four hundred (8,400) square feet, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
(2)
Two-family dwellings shall provide a lot area of at least five thousand (5,000) square feet per dwelling unit (ten thousand (10,000) square feet total).
(3)
All other uses shall provide a lot area of at least one-half (1/2) acre.
g.
Lot Coverage. Single-family dwellings shall not cover more than thirty percent (30%) of the lot area.
h.
Lot Width. The minimum lot width shall be at least seventy (70) feet measured at the minimum front setback line.
i.
Lot Depth. The minimum lot depth shall be at least one hundred (100) feet.
Section 400.400 District "R-3" Multiple-Family Dwelling.
[Ord. No. 111808 §1(400-430.1 — 3), 11-18-2008; Ord. No. 011910 §1, 1-19-2010; Ord. No. 11072022E, 11-7-2022]
A.
The "R-3" District is intended to provide locations for a variety of dwelling types ranging from single-family to limited multiple-family dwellings when located along a street classified as a collector or higher. The "R-3" District is also intended to serve as a transition between residential and non-residential districts. The principal use of land in this district is moderate density single-, two- and multiple-family dwellings and related recreational, religious and educational facilities.
1.
Permitted Uses. No building, structure, land, or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
a.
Day care, adult.
b.
Day care, child.
c.
Retirement housing, up to twelve (12) units.
d.
Multiple-family dwelling with three (3) to eight (8) units.
e.
Place of religious exercise or religious assembly.
f.
Preschool.
g.
Railroad rights-of-way, excluding rail yards.
h.
Single-family dwelling.
i.
Two-family dwelling.
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Assisted living, residential care, intermediate care or skilled nursing facility, up to eighteen (18) units.
b.
Cemetery, mausoleum, or columbarium.
c.
Day care center.
d.
Golf course or golf driving range, except miniature golf course.
e.
Group home.
f.
Hospital.
g.
Life care facility.
h.
Manufactured home subdivision.
i.
Public facility, use or utility.
j.
Public or private park or similar natural recreation area.
k.
Public or private school offering a curriculum that meets State standards for grades K through 12.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this code:
a.
Height. Buildings or structures shall not exceed forty-five (45) feet or three (3) stories in height.
b.
Front Yards. There shall be a front yard of at least thirty (30) feet.
c.
Side Yards. There shall be a side yard on each side of a building equal to the greater of fifteen (15) feet or the height of the adjacent building wall.
d.
Rear Yards. There shall be a rear yard of at least thirty (30) feet for buildings not exceeding two (2) stories and at least the height of the building for buildings in excess of two (2) stories.
e.
Lot Area.
(1)
Single-family dwellings shall provide a lot area of at least eight thousand four hundred (8,400) square feet, provided that where a lot has less area than herein provided and has been held in separate ownership since on or before December 3, 1979, this regulation shall not prohibit the erection of a single-family dwelling.
(2)
Two-family dwellings shall provide a lot area of at least five thousand (5,000) square feet per dwelling unit (ten thousand (10,000) square feet total).
(3)
Multiple-family dwellings shall provide a lot area of at least three thousand seven hundred fifty (3,750) square feet per dwelling unit.
(4)
All other uses shall provide a lot area of at least one-half (1/2) acre.
f.
Residential Floor Area. Each dwelling unit shall provide at least seven hundred fifty (750) square feet of residential floor area.
g.
Open Space. Developments in the "R-3" Zoning District shall provide suitable open space for recreation which is easily accessible from each unit and generally open to view from the main entrance of each building according to the following:
(1)
Each single-family dwellings and two-family dwelling unit shall provide one thousand (1,000) square feet for each dwelling unit.
(2)
Each multiple-family dwelling unit shall provide one thousand (1,000) square feet each for units one (1) through four (4); plus, an additional one hundred (100) square feet each for units five (5) through eight (8).
h.
Lot Width. The minimum lot width shall be at least ninety (90) feet measured at the minimum front setback line.
i.
Lot Depth. The minimum lot depth shall be at least one hundred twenty (120) feet.
Section 400.410 District "R-4" Multiple-Family and Congregate Housing.
[Ord. No. 111808 §1(400-435.1 — 4), 11-18-2008; Ord. No. 11072022E, 11-7-2022]
A.
The "R-4" District is intended to provide residential areas of moderate density multiple-family developments when located along a street classified as a collector or higher. The "R-4" District is also intended to serve as a buffer or transition between commercial development, non-residential uses or heavy automobile traffic and lower density residential development. The principal use of land in this district is moderate density multiple-family dwellings, including congregate housing facilities and related recreational, religious, and educational facilities.
1.
Permitted Uses. No building, structure, land, or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
2.
Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the following uses without prior approval of a special use permit in accordance with Article V:
a.
Assisted living, residential care, intermediate care or skilled nursing facility.
b.
Cemetery, mausoleum, or columbarium.
c.
Day care center.
d.
Golf course or golf driving range, except miniature golf course.
e.
Group home.
f.
Hospital.
g.
Life care facility.
h.
Manufactured home subdivision.
i.
Public facility, use or utility.
j.
Public or private park or similar natural recreation area.
k.
Public or private school offering a curriculum that meets State standards for grades K through 12.
3.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this code:
a.
Height. Buildings or structures may be erected to any height provided area regulations can be met.
b.
All Yards. Notwithstanding the following provisions, whenever an "R-4" District abuts a district that has greater yard requirements, the greater yard requirements shall be applied in the "R-4" District to any yard abutting such other district.
c.
Front Yards. There shall be a front yard of at least thirty (30) feet, plus three (3) feet for each story in excess of four (4).
d.
Side Yards. There shall be a side yard on each side of a building equal to the greater of fifteen (15) feet or the height of the adjacent building wall.
e.
Rear Yards. There shall be a rear yard of at least thirty (30) feet for buildings not exceeding two (2) stories and at least the height of the building for buildings in excess of two (2) stories.
f.
Lot Area.
(1)
All multiple-family dwellings and congregate housing facilities shall provide a lot area of at least twelve thousand (12,000) square feet plus three thousand five hundred (3,500) square feet per dwelling unit for four (4) or more dwelling units.
(2)
All other uses shall provide a lot area of at least one-half (1/2) acre.
g.
Residential Floor Area. Each dwelling unit shall provide at least four hundred seventy-five (475) square feet of residential floor area.
h.
Open Space. Multiple-family dwellings shall provide suitable open space for recreation which is easily accessible from each unit and generally open to view from the main entrance of each building according to the following:
i.
Lot Width. The minimum lot width shall be at least ninety (90) feet measured at the minimum front setback line.
j.
Lot Depth. The minimum lot depth shall be at least one hundred twenty (120) feet.
4.
Design Standards.
a.
Multiple-family dwellings, assisted care, residential care, intermediate care and skilled nursing facilities may be developed with more than one (1) building located on an individual lot.
c.
No building front shall face directly upon the rear of another building.
d.
Service areas, vestibules, porches, balconies, and canopies not extending more than ten (10) feet from the building shall be excluded from internal separation requirements.
e.
Where the walls of two (2) buildings face each other and contain offset portions which do not exceed fifteen (15) feet in length and do not contain windows, the distance between the offset portions shall not be less than nine (9) feet.
f.
All buildings shall be so arranged or grouped as to be well distributed over the entire premises. In addition, the buildings shall be so arranged to provide adequate access for emergency service personnel and to ensure an adequate amount of light, air and open space shall be available to each dwelling unit.
Section 400.420 District "O-C" Office Commercial.
[Ord. No. 111808 §1(400-440.1 — 3), 11-18-2008; Ord. No. 03032014A §III, 3-3-2014]
A.
The "O-C" District is intended to encourage and permit the establishment of commercial office uses in areas which have developed, or are appropriate to develop, as limited retail districts. This district should also be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development.
1.
Permitted uses and special uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
2.
Height and area regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. Buildings or structures may be erected to any height, provided that area regulations can be met.
b.
Front yards. There shall be a front yard of at least twenty-five (25) feet, plus three (3) feet for each story in excess of four (4).
c.
Side yards. There shall be a side yard on each side of a building equal to twenty percent (20%) of the lot width, provided that the side yard shall not be less than fifteen (15) feet and need not be more than fifty (50) feet.
d.
Rear yards. There shall be a rear yard of at least twenty-five (25) feet for buildings not exceeding two (2) stories and at least the height of the building for buildings in excess of two (2) stories.
Section 400.430 District "C-1" General Business.
[Ord. No. 111808 §1(400-445.1 — 3), 11-18-2008; Ord. No. 042010 §1, 4-20-2010; Ord. No. 03032014A §IV, 3-3-2014]
A.
The "C-1" District is intended to provide locations for a variety of commercial uses throughout the community while ensuring the size and nature of uses permitted and the location characteristics are such that they will not adversely affect surrounding residences.
1.
Permitted uses and special uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
2.
Height and area regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
[Ord. No. 10062014B §I, 10-6-2014]
a.
Height. Buildings or structures shall not exceed three (3) stories in height.
b.
Front yards. There shall be a front yard of at least thirty (30) feet.
c.
Side yards. There shall be a side yard on each side of a building of at least ten (10) feet.
(1)
Side yards abutting residential districts shall be at least twenty (20) feet.
d.
Rear yards. There shall be a rear yard of at least twenty (20) feet.
Section 400.440 District "C-2" Central Business.
[Ord. No. 111808 §1(400-450.1 — 3), 11-18-2008; Ord. No. 03032014A §V, 3-3-2014]
A.
The "C-2" District is intended to provide locations for a wide variety of uses. The district is intended to be applied to a very limited downtown business core.
1.
Permitted uses and special uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
2.
Height and area regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
[Ord. No. 10062014B §II, 10-6-2014]
a.
Height. Buildings or structures shall not exceed three (3) stories in height.
b.
Front yards. There shall be a front yard of at least thirty (30) feet.
c.
Side yards. There shall be a side yard on each side of a building of at least ten (10) feet.
(1)
Side yards abutting residential districts shall be at least twenty (20) feet.
d.
Rear yards. There shall be a rear yard of at least twenty (20) feet.
Section 400.450 District "DOD" Downtown Overlay District.
[Ord. No. 111808 §1(400-455.1 — 3), 11-18-2008; Ord. No. 051909 §1, 5-19-2009; Ord. No. 03032014A §VI, 3-3-2014; Ord. No. 03212022A, 3-21-2022[1]]
A.
The "DOD" Downtown Overlay Zoning District is intended to provide a range of retail, entertainment and civic uses, and accessory office, service, and residential uses, in a compact and walkable format. This district seeks to preserve the scale and character of original Peculiar and keep it as the focal point of the community.
1.
Permitted Uses And Special Uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
a.
All permitted uses in a building with a footprint larger than two thousand (2,000) square feet shall require a special use permit.
2.
Height And Area Regulations. The height of buildings hereafter erected, constructed, reconstructed, moved, or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. The maximum height for principal buildings and structures shall be forty-five (45) feet, and the maximum number of stories shall be three (3).
b.
Front Yards. The required front yard setback shall be zero (0) feet or no closer than existing building(s) on the block, whichever is more stringent.
c.
Side Yards. The required side yard setback shall be zero (0) feet.
d.
Rear Yards. There shall be a rear yard of at least five (5) feet.
e.
Area. The maximum area for principal buildings and structures shall be ten thousand (10,000) square feet.
B.
Additional Regulations Specific To The District.
1.
Parking Regulations. On-street parking is allowed within the district. Furthermore, the district is exempt from the required off-street parking stall requirement unless additional off-street parking is required by the Development Services Director. Nonetheless, if a property owner constructs off-street parking spaces, the parking lot shall be paved with an approved hard surface meeting the requirements of the City Engineer.
2.
Signs. Signs permitted in Article IX and additional signs described below:
a.
Projecting signs.
b.
Menu boards.
c.
Flashing, blinking, moving or otherwise animated signs allowed as a special use permit approved by the Board of Aldermen.
d.
Signs in rights-of-way approved by the City Engineer and MoDOT, if applicable.
e.
Off-site promotional signs for events, festivals and other activities approved by the City Planner.
f.
Temporary signs and banner signs no longer than thirty (30) days consecutively and no more than one hundred eighty (180) days a calendar year.
[1]
Editor's Note: The boundaries of the "DOD" Downtown Overlay District were adopted as Exhibit A to this ordinance and are held on file in the City offices.
Section 400.460 District "C-P" Planned Business.
[Ord. No. 111808 §1(400-460.1 — 9), 11-18-2008]
A.
The "C-P" District is intended to provide locations for the development of regional retail shopping facilities and related activities which will provide for planned and controlled consumer services for all segments of the population, promote healthful economic growth, create a desirable environment, best complement the general land use pattern of the community and assist in implementing the established goals and policies of the community.
1.
Permit required.
[Ord. No. 03032014A §VII, 3-3-2014]
a.
Any development, including building and open land uses, shall be prohibited in the "C-P" Planned Business District prior to the approval of a development plan in conformance with the requirements of this Section.
b.
"C-P" Planned Business District zoning shall not be permitted or granted upon any property having a total area of less than ten (10) acres.
2.
Permitted uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the permitted uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and, Table 400.502, Approved Land Use Table.
[Ord. No. 03032014A §VII, 3-3-2014]
3.
Special uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered for one (1) or more of the special uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and, Table 400.502, Approved Land Use Table, without prior approval of a special use permit in accordance with Article V.
[Ord. No. 03032014A §VII, 3-3-2014]
4.
Height and area regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this code:
a.
Height. Buildings or structures shall not exceed forty-five (45) feet or three (3) stories in height.
b.
Front yards. There shall be a front yard of at least thirty (30) feet for buildings and ten (10) feet for parking lots.
c.
Side yards. There shall be a side yard along the perimeter of the development of at least ten (10) feet when abutting a commercial or industrial district; there shall be a side yard along the perimeter of the development of at least fifty (50) feet when abutting a residential district.
d.
Rear yards. There shall be a rear yard along the perimeter of the development of at least ten (10) feet when abutting a commercial or industrial district; there shall be a rear yard along the perimeter of the development of at least fifty (50) feet when abutting a residential district.
5.
Design standards.
a.
A "C-P" District shall be located along a highway or arterial designated street.
b.
The development plan shall propose a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the overall site development pattern and shall not adversely affect the uses of properties immediately adjacent to the proposed development.
c.
The development shall be permanently screened when abutting a residential district by a wall, fence or other suitable enclosure. The area adjacent to such wall or fence shall be planted with trees and shrubs according to the Design Standards for Commercial Uses as provided in Article VIII. Such enclosure and landscaping shall be properly and adequately maintained by the developer.
d.
The building line along any thoroughfare shall be consistent with the building line established in any neighboring residential district. The Zoning Commission may recommend to the Board of Aldermen a reduction in the above required setbacks where the situation will reasonably warrant such reductions.
e.
Each development shall provide off-street parking based upon the following calculation using the total square footage of floor area, exclusive of storage or warehouse space:
6.
Sketch plan materials. A sketch plan of the proposed development shall be presented to the City Planner at the time of the preapplication meeting which shall be prepared to show:
a.
Name of the proposed development.
b.
Vicinity map showing relationship to public facilities and main traffic corridors.
c.
North arrow.
d.
Total acreage.
e.
Scale, not to exceed 1:100.
f.
Existing and proposed street layout.
g.
General lot and block layout.
h.
Proposed location of major uses, such as residential, commercial, open space, schools, etc.
i.
Proposed development phases, if any.
j.
Proposed density of residential units per acre.
k.
Proposed gross floor area of commercial or industrial uses.
l.
Existing and proposed drainage pattern.
m.
Existing adjacent utilities.
7.
Application materials. After the requirements for a preapplication meeting have been complied with, an application for a development plan under this Section and the required application fee shall be filed by the owner in writing with the City Planner on a form provided by the City. A preliminary plan shall accompany each application and shall include the following information:
a.
Boundary survey and gross acreage;
b.
Contour lines at intervals not to exceed five (5) feet. Spot elevations on one hundred (100) foot grids shall be required to fully indicate the topography on flat land;
c.
Street right-of-way;
d.
Utility easements;
e.
Adjacent land use and zoning classifications within two hundred (200) feet, including the location and type of structures located thereon;
f.
Location of structures on property;
g.
Vicinity map showing the surrounding area within a minimum of one thousand (1,000) feet;
h.
Date prepared, scale and north point;
i.
Schematic building layout;
j.
Parking areas and capacity;
k.
Open space for residential uses;
l.
Use of buildings, such as retail, service, restaurant, office, residential and other uses. Buildings to be included in the first (1st) phase of construction shall include tenant occupancies where known. A clear demonstration shall be made that any residential use will be protected from adverse effects, such as traffic, air pollution, noise and glare; and the mixing of residential and commercial uses on the ground level shall be discouraged;
m.
Acreage and percentage of total developed building area, parking lots, open space, malls and other features;
n.
Height of buildings;
o.
Location of existing trees and proposed landscape plan;
p.
Proposed vehicular and pedestrian circulation system, including ingress and egress;
q.
Building and parking setback lines;
r.
Grading plan;
s.
Phases of development and proposed starting dates;
t.
Discussion of adverse environmental effects of the project and proposed steps to minimize these effects;
u.
On-site and off-site water and sanitary sewer improvements;
v.
On-site and off-site drainage and storm sewer improvements;
w.
Signage plan indicating the size, type, location and style of all proposed signs;
x.
Cross-section for paving of parking lots and sidewalks;
y.
Proposed name, if any, of the shopping center;
z.
Name, address and telephone number of developer, certified record owner or owners and addresses; legal description of the proposed development permit area, including the number of acres; and
aa.
Any other information requested by the Board of Aldermen.
8.
Board of Aldermen approval, additional conditions. The Board, when approving a development plan, shall have the power to make and adopt rules and regulations as are necessary and proper to effectuate the purpose of this code. When acting to approve a proposal for a development in the "C-P" District, the Board may:
a.
Require that certain conditions be met when they are found to be in the interest of the public health, safety and general welfare;
b.
Include the requirement that the applicant grant additional right-of-way in accordance with the Comprehensive Plan; and
c.
Require the execution of a written agreement with the City relating to the installation of public improvements by the applicant, together with the execution of performance bonds or provision of other appropriate surety relating thereto.
9.
Requirements after approval. Upon approval of a development permit, the developer shall cause to be prepared and submitted to the City Planner a revised and reproducible final development plan with all required amendments and revisions. Thereafter, building permits, certificates of occupancy, certificates of compliance and subdivisions of the property shall be issued or approved upon substantial compliance with the development plan as approved or as amended. In circumstances where there are minor variations from the approved development plan, the City Planner shall review the proposed final development plan and may approve such minor variations upon a determination that the proposal is in substantial conformance with the spirit and intent of the approved development plan.
a.
The final development plan shall contain the following information:
(1)
A certified boundary survey and legal description showing sufficient linear, angular and curve data to determine the bearing and length of all boundary lines of the use permit, location of section lines and section corners and gross acreage. If the use permit abuts an existing plat, the distances, angles and bearing of any common lines shall be shown and any differences in measurement shown.
(2)
A certificate for showing the final action of the Board including the date and resolution number.
(3)
Locations, name, tangent lengths, centerline radius of each curve and its interior angle and width of all proposed and existing streets, highways, private roadways and other public ways within and adjacent to the development.
(4)
Location, width and direction of flow of all watercourses in and adjacent to the development permit area, including the limits of the floodplain and floodway.
(5)
The location and size of all existing and proposed sanitary and storm sewers, drainage ways, culverts, water mains, fire hydrants and existing power lines and other underground structures, cables or other public utilities within the tract of land and adjacent streets, together with the location and width of existing and proposed easements and, if appropriate, access easements.
(6)
All lot lines, building setback lines for all lots, dimensions of all lot lines and building envelope lines. Chord distances shall be shown for lot lines abutting curvilinear streets.
(7)
Lot numbers shall begin with the number one (1) and shall continue consecutively through a block with no omission or duplication. Blocks shall be numbered in the same manner. Letters shall be used to designate outlots in alphabetical order.
(8)
Proposed areas for parks and playgrounds. Any parcels other than streets which are to be dedicated or reserved for public use shall be clearly shown and said parcels shall be designated as outlots and assigned an alphabetical designation.
(9)
The location of all proposed and existing sidewalks, walkways and other pedestrian ways.
(10)
Location, height and use of proposed and existing buildings and structures with an indication as to whether an existing building or structure is to be removed or to remain and freestanding signs, if any.
c.
The following information shall accompany the final development plan:
(1)
Name, address and telephone number of developer;
(2)
Certified record owner or owners and their address;
(3)
Statement of present zoning and proposed use or uses of the property;
(4)
Profiles along the centerline of the proposed streets and private roadways which show the existing ground surface elevations and the proposed street grades including the length of vertical curves between changes in grade with the profiles for stub streets ending at the boundary of the use permit to be extended three hundred (300) feet beyond the limits of the use permit into subdivided and unsubdivided land;
(5)
The approved method of providing sanitary sewer service to the area;
(6)
The approved method of providing an adequate potable water supply;
(7)
The approved drainage study;
(8)
A map or an aerial photograph showing the proposed streets, private roadways, driveways, parking areas, buildings and lots which includes the locating and identifies, by common name, all existing trees within the area of the use permit. Single trees which are three (3) inches in caliper or larger measured five (5) feet above the ground must be shown. However, if five (5) or more trees are located so that each is within approximately ten (10) feet of the edge of another tree, they will be considered a tree mass and the outline of the tree mass may be shown with a list of the common names of the trees which are within the tree mass. If the above-stated procedure is followed, the individual location of each tree within the tree mass is not necessary. An indication shall be made on the map showing which trees or tree masses are to remain and which trees or tree masses are to be removed;
(9)
A vicinity sketch showing the general location of the use permit in relation to existing streets, section lines and City limits;
(10)
The approved site grading plan showing existing and proposed contour lines with intervals at no greater distance than five (5) feet and, if necessary, spot elevations showing complete proposed grading of the use permit, including any cross-sections required as conditions of approval showing existing and proposed ground lines and buildings. Information as to where fill will be obtained and the amount of the fill shall be included if all or part of the property is located within the floodplain. If the proposed location from which said fill is obtained is later to be changed, the developer shall inform the City Engineer of the location of the proposed new borrow area and obtain approval thereof from the City Engineer; and
(11)
The approved landscape plan.
d.
Upon the approval of a final development plan, building permits, certificates of occupancy and certificates of compliance may be issued. Certificates of occupancy and certificates of compliance shall not be issued until there has been compliance with all conditions and subsequent amendments within each phase of the approved development plan.
10.
Amendment of approved development plan. An approved development plan may be amended in the same manner prescribed in this Article for initial approval of the development plan.
Section 400.470 District "I-1" Light Industrial.
[Ord. No. 111808 §1(400-465.1 — 3), 11-18-2008; Ord. No. 03032014A §VIII, 3-3-2014]
A.
The "I-1" District provides locations for a variety of uses associated primarily in the conduct of light manufacturing, assembling and fabrication, warehousing, wholesaling and commercial service operations that require adequate accessibility to transportation facilities. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses.
1.
Permitted uses and special uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
2.
Height and area regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code:
a.
Height. Buildings or structures shall not exceed seventy-five (75) feet or six (6) stories in height.
b.
Front yards. The required front yard setback shall be fifteen (15) feet, unless adjacent to a residential district, then the front yard requirement of such adjoining residential district shall be provided.
c.
Side yards. The required side yard setback shall be ten (10) feet.
d.
Rear yards. There shall be a rear yard of at least twenty (20) feet.
Section 400.480 District "I-2" Heavy Industrial.
[Ord. No. 111808 §1(400-470.1 — 3), 11-18-2008; Ord. No. 03032014A §IX, 3-3-2014]
A.
The "I-2" District is intended to provide locations for industrial uses which by their nature generate levels of smoke, dust, noise, odors and visual impacts that render them incompatible with virtually all other land uses. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses.
1.
Permitted uses and special uses. No building, structure, land or premises shall be used and no other building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses identified and approved in Section 400.500, Approved Land Uses and Specific Exclusions, and Table 400.502, Approved Land Use Table.
2.
Height and area regulations. The height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows, unless otherwise permitted in this Code.
a.
Height. Buildings or structures shall not exceed seventy-five (75) feet or six (6) stories in height.
b.
Front yards. The required front yard setback shall be fifteen (15) feet, unless adjacent to a residential district, then the front yard requirement of such adjoining residential district shall be provided.
c.
Side yards. The required side yard setback shall be ten (10) feet.
d.
Rear yards. There shall be a rear yard of at least twenty (20) feet.
Section 400.490 District Peculiar Way Design Overlay.
A.
General Provisions.
1.
Intent. The intent of this Section is:
a.
To guide the pattern and design of development adjacent to the interchange and along the Peculiar Way Corridor, to reflect the character of the community.
b.
To coordinate site development with streetscape and street design requirements, whether the streetscape and street design types are existing, constructed in association with development, or planned as future City improvements.
c.
To coordinate development efficiently across adjacent sites including consideration for existing conditions and planned or anticipated development on these sites.
d.
Ensure that individual sites are developed in an efficient and coordinated manner, meeting the design requirements of this Section, and designed to most effectively meet the multiple purposes, intents, and design objectives of the various subsections.
e.
To ensure the over-all development of this district corresponds to the requirements outlined in Section 400.490(E), Design Overlay Table.
2.
Place types. The City of Peculiar desires to provide goods and services to its residents and visitors to the community in this area through the following distinct place types:
a.
Walkable retail. Smaller to medium scale commercial center engaged in the sale of household merchandise, specialty merchandise, restaurants and consumer products and typically involving between five thousand (5,000) and twenty-five thousand (25,000) square feet of gross leasable area. These uses are characterized by a target market area of less than one (1) mile radius for most of its on premise sales.
b.
Destination retail. Commercial uses primarily engaged in the sale of household merchandise, specialty merchandise or general consumer products and typically involving between twenty-five thousand (25,000) and one hundred thousand (100,000) square feet, or more, of gross leasable area. Large scale retail uses are characterized by a target market area that may be greater than one (1) mile radius for the on premise component of its sales. Destination retail centers may include services uses that provide support for adjacent residential uses or businesses which may involve more than three thousand (3,000) square feet of gross leasable area. Examples include copy centers, large banks, or other similar services.
c.
Mixed-use employment. Office and light industrial development that creates a campus environment to connect multiple development sites into a cohesive setting and pattern.
(1)
Small office. Uses include those uses where individual units of gross leasable area are typically between thirty-five hundred (3,500) and twenty thousand (20,000) square feet, and where each owner or tenant typically employs between twenty (20) and one hundred (100) employees on premises. Examples include large professional service offices such as accountants, architects, insurance, law, real estate, or other similar businesses.
(2)
Large office. Uses, or complexes, include individual units of gross leasable area that may be more than twenty thousand (20,000) square feet in a single building or group of buildings, and each owner or tenant may typically employ more than one hundred (100) employees on premises. Examples include major professional service firms or large corporate offices.
(3)
Light Industrial. Uses include those where byproducts such as smoke, odor, dust or noise are not discernable from outside of the building in which it is located. Distribution and deliveries can occur from general consumer delivery services or limited commercial truck access. Examples include research labs or facilities, small electronics or computer assembly and manufacturing, furniture assembly.
d.
Neighborhood retail. Small scale, commercial center engaged in the sale of household merchandise and general consumer products and typically involving between two thousand (2,000) and five thousand (5,000) square feet of gross leasable area. Neighborhood retail uses are characterized by a target market area of less than one-half (1/2) mile radius for most of its on premise sales. An exception can be made for one (1) anchor tenant or grocery store, of less than forty-five thousand (45,000) square feet within a neighborhood center.
3.
Place type application. The place types are allocated for the Peculiar Way interchange area according to the Place Type Map which defines the Peculiar Way Design Overlay District and its boundaries.
a.
West Peculiar Mixed-use Employment. The area designated as West Peculiar mixed-use employment shall be restricted to Light Industrial uses as defined in in Section 400.490(A)(2)(c).
4.
Planned Zoning. District Peculiar Way Design Overlay is a planned zoning district that overlays and amends underlying zoning classifications. Any conflict between the standards and guidelines in this Section and the underlying zoning shall be resolved in favor of this Section. Applications under the District Peculiar Way Design Overlay require submittal of sketch plans and development plans in accordance with the procedures and criteria for the "C-P" District and Chapter 400, Article XI, Review and Approval Procedures.
B.
Development Pattern And Structure.
1.
Block Size. The block size defines the pattern and compactness of development and encourages walkability where the blocks are small.
2.
Street type/streetscape. The street type and streetscape design define the street network that shapes the public realm, and transitions and differences in street types help define distinct places.
a.
A-street. "A-streets" prioritize pedestrian activity and create value for buildings and business that front directly on them. In general "A-streets" shall have the following design features: Wide sidewalks (twelve (12) feet to twenty (20) feet); on-street Parking (eight (8) feet parallel or eighteen (18) feet angled); slow speeds (below twenty (20) mph) target) and narrow travel lanes ten (10) feet; frequent street trees planted in tree wells within sidewalks (twenty-five (25) feet to forty (40) feet on center); seating area and other public amenities along the sidewalk or associated with businesses; and frequent cross-walks in association with short blocks.
b.
B-street. "B-streets" have a balance between all modes of transportation (cars, pedestrians, bicycles and transit) and promote access and connections to key places. In general, "B-streets" shall have the following design features: Sidewalks (six (6) feet to ten (10) feet); on-street parking (eight (8) feet parallel were appropriate); moderate speeds (twenty (20) to thirty (30) mph) and travel lanes ten (10) feet to eleven (11) feet; bicycle lanes where appropriate; and a landscape buffer six (6) feet to ten (10) feet with street trees between the street and sidewalk (or in tree wells if on-street parking provides the buffer between vehicles and pedestrians).
c.
C-street. "C-streets" provide access throughout the areas, and support important land uses that require a higher degree of vehicle access and connections. Due to the difficult site designs and compromised streetscapes that result, these streets are typically on edges or secondary networks of more valuable places. In general, "C-streets" shall have the following design features: Sidewalks (six (6) feet to ten (10) feet or trail ten (10) feet plus(+)) where appropriate; moderate to high speeds (twenty-five (25) — forty (40) mph) and moderate to wide travel lanes (eleven (11) feet to twelve (12) feet); and a landscape buffer (ten (10) feet plus(+)) with street trees or landscape berms between the sidewalk or trail and road.
3.
Civic space/landscape. Civic space and landscape design creates an extension of the public realm and establishes transitions between public spaces and private development. The design of these spaces can create gathering places, establish an aesthetic character for the area, and/or screen and buffer more intense elements of site or building designs.
a.
Formal space. Formal spaces are primarily designed for people to gather and are designed with a high degree of pedestrian amenity and ornamentation. These spaces are small and strategically located, typically along important street frontages as an extension of the public right-of-way or as a focal point of surrounding blocks. They include landscape elements, but also have a significant amount of hardscape. Examples include courtyards, plazas or squares.
b.
Open space. Open spaces are primarily designed to promote an aesthetic character or buffer or screen elements of a site from adjacent areas, and are designed with a high degree of landscape amenity. These spaces are incorporated into sites for either ecological or aesthetic functions. Examples include buffers, berms, tree or landscape islands, greens or any natural storm water BMP.
c.
Campus space. Campus spaces are larger-scale and coordinated landscaped areas designed to tie together larger and more dispersed projects into a common theme. These spaces compliment the street network as an extension of the public realm and though accessible to bicycles and pedestrians, include a large amount of landscape amenity (which can be natural or formal). Examples include greens, trails and greenways, lawns and other landscaped or garden-like amenities.
d.
Natural area. Natural areas are landscape areas preserved or restored for their natural or ecological function. These spaces are located based on inherent opportunity of the site but become an organizing element and amenity for surrounding development patterns. Examples include greenways, stream buffers, forested areas, or any natural storm water BMP.
C.
Uses.
1.
Scale of use.
a.
Small scale. Uses that require less than five thousand (5,000) square feet of space.
b.
Medium scale. Uses that require between five thousand (5,000) square feet and sixty thousand (60,000) square feet of space.
c.
Large scale. Uses that require more than sixty thousand (60,000) square feet of space.
2.
Mix of uses.
a.
Retail. Use category is for businesses engaged in the exchange of merchandise for general consumers, and nature of the exchange generally requires frequent interactions with the clients, customers or patrons on the premises, where lots or buildings are primarily designed for exposure to the public-at-large.
b.
Services. Service uses include businesses engaged in the exchange of professional skills, advice, personal care or other resources, and the nature of the exchange generally requires frequent interactions with the clients, customers or patrons on the premises, and where lots or buildings may require access or exposure to the public-at-large.
c.
Employment. Employment uses include businesses engaged in administrative, clerical, professional operations and support, and light industrial/manufacturing where products or services are of the nature that generally, when compared to retail uses, do not require daily on premise interactions with the clients, customers or patrons, and where lots and buildings are not primarily designed to maximize exposure to the public-at-large. Operations may require commercial vehicle access for distribution and deliveries.
d.
Civic. Civic uses include uses serving a broad and general public and community interest to enhance daily cultural, social or recreation opportunities for area landowners and residents. Civic uses may include uses that are public and accessible to all citizens; common and accessible by rights associated with ownership; or private and accessible by membership or general association.
e.
Residential. Residential uses include all types of dwelling units used for permanent residence, including a variety of lot types, building types, and unit types, that may vary in the kind and classes of buildings based on the character of the neighborhood.
D.
Site Design.
1.
Building type/orientation.
a.
Small footprint. Small footprint buildings allow for compact development patterns that add vitality by placing a larger amount and wider variety of uses within close proximity to a key destination. In general, small-footprint buildings are no greater than three thousand (3,000) square feet (footprint), however a series of these buildings may be joined by common walls along a block face.
b.
Large footprint. Larger footprint buildings accommodate destination uses. However due to the larger impact and difficult site design and building access and orientation challenges, these buildings need to be carefully sited to not disrupt urban design and development patterns of nearby areas. In general, large-footprint buildings are typically single story (or extended single story) and greater than fifty thousand (50,000) square feet.
c.
Street front. Street-front building orientation over-rides conventional setbacks and places the building along the front lot line. This helps define the public realm and streetscape as important space, and adds activity and vitality to the streetscape with pedestrian activity. In general, Street-front building orientation includes the following design features: Front "build-to" line (zero (0) feet to (10) feet); Building frontage on at least eighty percent (80%) of the lot frontage/"build-to" line, except that up to fifty percent (50%) may be set back to provide outside civic space along the frontage; and Building orientation to the street (front entrance features and active street level uses).
d.
Enhanced facade. Enhanced Facades create quality and visual interest along the building frontage and typically accompanies Street-front building orientation. In general, enhanced facade design includes: Primary entrances (one (1) entrance at least every fifty (50) linear feet); transparency (at least seventy percent (70%) windows between two (2) feet and ten (10) feet from street level; twenty-five percent (25%) to forty percent (40%) on each story above street level); limited blank wall space (walls with no windows and doors - no more than thirty (30) linear feet and six hundred (600) square feet); pedestrian scale ornamentation and details - especially associated with primary entrances or to animate blank wall space.
2.
Building materials. All building shall be constructed according to the following materials standards. Material use by category, primary, secondary or trim/accent, as identified in Table D-2, will be dependent on the place type identified in Subsection (A)(2) and in accordance with the percentage specified in Subsections (D)(2)(a) through (D)(2)(d).
Table D-2: Permitted Materials by | ||||
|---|---|---|---|---|
Permitted Materials by Category | Primary | Secondary | Trim/Accent | |
Masonry | ||||
Brick, solid/modular | X | X | Any of the primary or secondary materials may be used as a trim or accent material. | |
Brick, veneer/overlay | X | |||
Stone | X | X | ||
Stucco, genuine | X | X | ||
Stucco, synthetic (EIFS) | ||||
Concrete/CMU, detailed | X | |||
Concrete, plain/split faced | X | |||
Cement fiber board | X | |||
Metal | ||||
Architectural | X | |||
Corrugated, lap, aluminum | ||||
Glass | ||||
Clear/architectural | X | X | ||
Opaque/mirror | X | |||
Wood | ||||
Genuine | X | |||
Other synthetics | ||||
Vinyl | X | |||
Plastic | X | |||
3.
Parking and access.
a.
Restricted access. No vehicular access is allowed along the block face, access is provided from a side street or rear alley/parking lot. Typically applied to A-streets.
b.
Limited access. No more than one vehicular access point is allowed along the block face, additional access is provided from a side street, rear alley or adjacent B or C-street types.
c.
On-street parking. Parking along the block face within the right-of-way, can be parallel or angled depending on the size of the right of way. Typically on-street parking is associated with A-street types to encourage a higher level of pedestrian connectivity.
d.
Secondary parking. Parking that is behind the building. Parking may be accessed by a drive way from the block face or from side or adjacent streets.
e.
Small lot. A parking field that does not exceed 25 parking spaces, that may be in front of, beside or behind the building and extensively landscaped to buffer parking from view.
E.
Design Overlay Table. Editor's Note: The Design Overlay Table is included as Attachment 2 to this Chapter.
[1]
Editor’s Note: Ord. No. 10052015A also changed the title of this Section from "Historic "H" Historic Overlay" to "District Peculiar Way Design Overlay."
Section 400.495 District C/J Highway Design Overlay.
[Ord. No. 09042018A, 9-4-2018]
A.
General Provisions.
1.
Intent. The intent of this overlay and its guidelines is to:
a.
Guide the pattern and design of development adjacent to the interchange and along C and J Highways, to reflect the character of the community.
b.
Coordinate site development with streetscape and street design requirements, whether the streetscape and street design types are existing, constructed in association with development, or planned as future City improvements.
c.
Coordinate development efficiently across adjacent sites, including consideration for existing conditions and planned or anticipated development on these sites.
d.
Ensure that individual sites are developed in an efficient and coordinated manner, meeting the design requirements of this Section, and designed to most effectively meet the multiple purposes, intents, and design objectives of the various subsections.
e.
Ensure that the overall development of this district corresponds to the requirements outlined in Section 400.495(E), Design Overlay Table.
2.
Place Types. The City of Peculiar desires to provide goods and services to its residents and visitors to the community in this area through the following distinct place types:
a.
Regional commercial: commercial uses primarily engaged in the sale of household merchandise, specialty merchandise or general consumer products and typically involving between ten thousand (10,000) square feet and one hundred thousand (100,000) square feet, or more, of gross leasable area. Large-scale retail uses are characterized by a target market area that may be greater than a one-mile radius for the on-premises component of its sales. Regional commercial centers may include service uses that provide support for adjacent residential uses or businesses which may involve more than three thousand (3,000) square feet of gross leasable area. Examples include copy centers, banks, or other similar services.
b.
Mixed-use employment: office and light industrial development that creates a campus environment to connect multiple development sites into a cohesive setting and pattern.
(1)
Small office: Uses include those where individual units of gross leasable area are typically between three thousand five hundred (3,500) square feet and twenty thousand (20,000) square feet, and where each owner or tenant typically employs between twenty (20) and one hundred (100) employees on premises. Examples include large professional service offices such as accountants, architects, insurance, law, real estate, or other similar businesses.
(2)
Large office: Uses, or complexes, include individual units of gross leasable area that may be more than twenty thousand (20,000) square feet in a single building or group of buildings, and each owner or tenant may typically employ more than one hundred (100) employees on premises. Examples include major professional service firms or large corporate offices.
(3)
Light industrial: Uses include those where byproducts such as smoke, odor, dust or noise are not discernable from outside the building in which it is located. Distribution and deliveries can occur from general consumer delivery services or limited commercial truck access. Examples include research labs or facilities, small electronics or computer assembly and manufacturing, furniture assembly.
c.
Neighborhood mixed-use: small scale, commercial and service center engaged in the sale of household merchandise and general consumer products and typically contain between two thousand (2,000) square feet and five thousand (5,000) square feet of gross leasable area, which can include residential as a secondary use. Neighborhood mixed-use centers are characterized by a target market area of less than one-half-mile radius for most of its on-premises sales. An exception can be made for one (1) anchor tenant or grocery store, of less than forty-five thousand (45,000) square feet within a neighborhood mixed-use center. Residential uses (loft style apartments/condos above business) will typically occur in a more dense manner within the development or at the edge of the development as a buffer to the surrounding neighborhood.
3.
Place Type Application. The place types are allocated for the interchange area according to the Place Type Map.
a.
Place Type Map.
 |
4.
Planned Zoning. C/J Highway Design Planned District is a planned zoning district that overlays and amends underlying zoning classifications. Any conflict between the standards and guidelines in this Section and the underlying zoning shall be resolved in favor of this Section. Applications under the C/J Highway Design overlay require submittal of sketch plans and development plans in accordance with the procedures and criteria for the "C-P District" and in Article XI.
B.
Development Pattern and Structure.
1.
Block Size. The block size defines the pattern and compactness of development and encourages walkability where the blocks are small.
a.
Small block: blocks of two and five tenths (2.5) to four (4) net acres in size.
b.
Medium block: blocks of four (4) to six (6) net acres in size.
c.
Large block: blocks six (6) to ten (10) acres; larger only as limited exceptions or where internal access streets within the block mimic the A-street, B-street or C-street connections.
2.
Street Type/Streetscape. The street type and streetscape design define the street network that shapes the public realm, and transitions and differences in street types help define distinct places.
a.
A Street. A Streets prioritize pedestrian activity and create value for buildings and businesses that front directly on them. In general, A Streets shall have the following design features: wide sidewalks [twelve (12) feet to twenty (20) feet]; on-street parking [eight (8) feet parallel or eighteen (18) feet angled]; slow speeds [below twenty (20) miles per hour target] and narrow travel lanes [ten (10) feet]; frequent street trees planted in tree wells within sidewalks [twenty-five (25) feet to forty (40) feet on center]; seating areas and other public amenities along the sidewalk or associated with businesses; and frequent crosswalks in association with short blocks.
b.
B Street. B Streets have a balance between all modes of transportation (cars, pedestrians, bicycles and transit) and promote access and connections to key places. In general, B Streets shall have the following design features: sidewalks [six (6) feet to ten (10) feet]; on-street parking [eight (8) feet parallel where appropriate]; moderate speeds [twenty (20) miles per hour to thirty (30) miles per hour] and travel lanes [ten (10) feet to eleven (11) feet]; bicycle lanes where appropriate; and a landscape buffer [six (6) feet to ten (10) feet] with street trees between the street and sidewalk (or in tree wells if on-street parking provides the buffer between vehicles and pedestrians).
c.
C Street. C Streets provide access throughout the areas, and support important land uses that require a higher degree of vehicle access and connections. Due to the difficult site designs and compromised streetscapes that result, these streets are typically on edges or secondary networks of more valuable places. In general, C Streets shall have the following design features: sidewalks [six (6) feet to ten (10) feet] or trail [ten (10) feet or more] where appropriate; moderate to high speeds [twenty-five (25) miles per hour to forty (40) miles per hour] and moderate to wide travel lanes [eleven (11) feet to twelve (12) feet]; and a landscape buffer [ten (10) feet or more] with street trees or landscape berms between the sidewalk or trail and road.
3.
Civic Space/Landscape. Civic space and landscape design creates an extension of the public realm and establishes transitions between public spaces and private development. The design of these spaces can create gathering places, establish an aesthetic character for the area, and/or screen and buffer more intense elements of site or building designs.
a.
Formal Space. Formal spaces are primarily designed for people to gather and are designed with a high degree of pedestrian amenity and ornamentation. These spaces are small and strategically located, typically along important street frontages as an extension of the public right-of-way or as a focal point of surrounding blocks. They include landscape elements, but also have a significant amount of hardscape. Examples include courtyards, plazas or squares.
b.
Open Space. Open spaces are primarily designed to promote an aesthetic character or buffer or screen elements of a site from adjacent areas, and are designed with a high degree of landscape amenity. These spaces are incorporated into sites for either ecological or aesthetic functions. Examples include buffers, berms, tree or landscape islands, greens or any natural stormwater BMP.
c.
Campus Space. Campus spaces are larger-scale and coordinated landscaped areas designed to tie together larger and more dispersed projects into a common theme. These spaces complement the street network as an extension of the public realm and though accessible to bicycles and pedestrians, include a large amount of landscape amenity (which can be natural or formal). Examples include greens, trails and greenways, lawns and other landscaped or garden-like amenities.
d.
Natural Area. Natural areas are landscape areas preserved or restored for their natural or ecological function. These spaces are located based on inherent opportunity of the site but become an organizing element and amenity for surrounding development patterns. Examples include greenways, stream buffers, forested areas, or any natural stormwater BMP.
C.
Uses.
1.
Scale of Use.
a.
Small scale: uses that require less than five thousand (5,000) square feet of space.
b.
Medium scale: uses that require between five thousand (5,000) square feet and sixty thousand (60,000) square feet of space.
c.
Large scale: uses that require more than sixty thousand (60,000) square feet of space.
2.
Mix of Uses.
a.
Retail: Use category is for businesses engaged in the exchange of merchandise for general consumers, and the nature of the exchange generally requires frequent interactions with the clients, customers or patrons on the premises, where lots or buildings are primarily designed for exposure to the public at large.
b.
Services: Service uses include businesses engaged in the exchange of professional skills, advice, personal care or other resources, and the nature of the exchange generally requires frequent interactions with the clients, customers or patrons on the premises, and where lots or buildings may require access or exposure to the public at large.
c.
Employment: Employment uses include businesses engaged in administrative, clerical, professional operations and support, and light industrial/manufacturing where products or services are of the nature that generally, when compared to retail uses, do not require daily on-premises interactions with the clients, customers or patrons, and where lots and buildings are not primarily designed to maximize exposure to the public at large. Operations may require commercial vehicle access for distribution and deliveries.
d.
Civic: Civic uses include uses serving a broad and general public and community interest to enhance daily cultural, social or recreation opportunities for area landowners and residents. Civic uses may include uses that are either public and accessible to all citizens; common and accessible by rights associated with ownership; or private and accessible by membership or general association.
e.
Residential: Residential uses include all types of dwelling units used for permanent residence, including a variety of lot types, building types, and unit types, that may vary in the kind and classes of buildings based on the character of the neighborhood.
D.
Site Design.
1.
Building Type/Orientation.
a.
Small footprint: Small footprint buildings allow for compact development patterns that add vitality by placing a larger amount and wider variety of uses within close proximity to a key destination. In general, small-footprint buildings are no greater than three thousand (3,000) square feet (footprint), however a series of these buildings may be joined by common walls along a block face.
b.
Medium footprint: Medium footprint buildings allow for a modest scale of development to support adjacent walkable areas and as a transition between intensive large-scale commercial uses and neighborhoods within a community. In general, medium-footprint buildings are between five thousand (5,000) square feet and thirty thousand (30,000) square feet per floor. These buildings are typically single story but, in some cases, can be multiple stories.
c.
Large footprint: Larger-footprint buildings accommodate destination uses. However, due to the larger impact and difficult site design and building access and orientation challenges, these buildings need to be carefully sited to not disrupt urban design and development patterns of nearby areas. In general, large-footprint buildings are typically single story (or extended single story) and greater than fifty thousand (50,000) square feet.
d.
Street front: Street-front building orientation overrides conventional setbacks and places the building along the front lot line. This helps define the public realm and streetscape as important space, and adds activity and vitality to the streetscape with pedestrian activity. In general, street-front building orientation includes the following design features: front build-to line [zero (0) feet to ten (10) feet] building frontage on at least eighty percent (80%) of the lot frontage/build-to line, except that up to fifty percent (50%) may be set back to provide outside civic space along the frontage; and building orientation to the street (front entrance features and active street level uses).
e.
Enhanced facade: Enhanced facades create quality and visual interest along the building frontage and typically accompany street-front building orientation. In general, enhanced facade design includes primary entrances [1 entrance at least every fifty (50) linear feet]; transparency [at least seventy percent (70%) windows between two (2) feet and ten (10) feet from street level; twenty-five percent (25%) to forty percent (40%) on each story above street level]; limited blank wall space [walls with no windows and doors: no more than thirty (30) linear feat and six hundred (600) square feet]; pedestrian-scale ornamentation and details, especially associated with primary entrances or to animate any blank-wall space.
2.
Building Materials. All buildings shall be constructed according to the following materials standards. Material use by category, primary, secondary or trim/accent as identified in Table D-2, will be dependent on the place type identified in Subsection (A)(2) and in accordance with the percentage specified in Subsection D(2)(a) through (D)(2)(c).
Table D-2: Permitted Materials by Category | |||
|---|---|---|---|
Permitted Materials by Category | Primary | Secondary | Trim/Accent |
Masonry | |||
Brick, solid/modular | X | X | Any of the primary or secondary materials may be used as a trim or accent material |
Brick, veneer/overlay | X | ||
Stone | X | X | |
Stucco, genuine | X | X | |
Stucco, synthetic (EIFS) | X | X | |
Concrete/CMU, detailed | X | ||
Concrete, plain/split faced | X | ||
Cement fiberboard | X | ||
Metal | |||
Architectural | X | ||
Corrugated, lap, aluminum | |||
Glass | |||
Clear/architectural | X | X | |
Opaque/mirror | X | ||
Wood | |||
Genuine | X | ||
Other synthetics | |||
Vinyl | X | ||
Plastic | X | ||
3.
Parking And Access.
a.
Restricted Access: No vehicular access is allowed along the block face; access is provided from a side street or rear alley/parking lot. Typically applied to A Streets.
b.
Limited Access: No more than one (1) vehicular access point is allowed along the block face; additional access is provided from a side street, rear alley or adjacent B or C Street types.
c.
On-street Parking: Parking along the block face within the right-of-way can be parallel or angled depending on the size of the right-of-way. Typically, on-street parking is associated with A Street types to encourage a higher level of pedestrian connectivity.
d.
Secondary Parking: Parking that is behind the building. Parking may be accessed by a driveway from the block face or from a side street or adjacent street.
e.
Small Lot: A parking field that does not exceed twenty-five (25) parking spaces, that may be in front of, beside or behind the building and extensively landscaped to buffer parking from view.
E.
Design Overlay Table.
Regional Commercial | Mixed-Use Employment | Neighborhood Mixed Use | |||||||
|---|---|---|---|---|---|---|---|---|---|
Block Size | |||||||||
Small block | O | O | R | ||||||
Medium block | P | P | D | ||||||
Large block | O | L | Must reinforce pattern of campus open space | D | |||||
Street Type/Streetscape | |||||||||
"A" Street | P | R | Minimum 10% | R | Minimum 50% | ||||
"B" Street | P | 15% to 50% | P | 50% to 65% | O | Maximum 50% | |||
"C" Street | O | Remainder | L | Maximum 40% | D | Maximum 10% | |||
Civic Space/Landscape | |||||||||
Formal spaces | O | O | Mixed with open spaces and associated with high-activity buildings | R | Small, and at least 1 on every block | ||||
Open space | R | For buffer/screening; minimum 15% | P | Large areas/connectivity; minimum 5% | D | ||||
Campus space | O | P | Create natural setting; minimum 15% | D | |||||
Natural area | P | For buffer/screening | O | Protection/connectivity | L | For resource protection | |||
Scale of Use | |||||||||
Small scale | L | At development entry | L | Associated with formal open space and high-activity buildings | R | Under 2,500 square feet | |||
Medium scale | P | P | L | One anchor tenant or grocery on B or C street | |||||
Large scale | P | O | D | ||||||
Mix of Uses | |||||||||
Retail | R | Minimum 75% | L | Maximum 20%; associated with formal open space and high-activity buildings | R | Minimum 60% | |||
Service | O | Maximum 25% | O | Maximum 20% | O | Maximum 40% | |||
Employment | D | R | Minimum 60% | O | Maximum 25% | ||||
Civic | L | Maximum 10% | O | Maximum 25% | P | Minimum 10%, maximum 25% | |||
Residential | D | L | On perimeter of development | L | Not on first floor; on perimeter of development | ||||
Building Type/Orientation | |||||||||
Small footprint | L | P | R | ||||||
Medium footprint | P | P | L | ||||||
Large footprint | O | L | D | ||||||
Street front | O | L | On "A streets" | R | |||||
Enhanced facade | O/P | P on "A" or "B" streets | O/P | P on "A" or "B" streets or any frontage on campus open space | R | ||||
Building Materials | |||||||||
Facade type | Principal/ Enhanced | Other | Principal/ Enhanced | Other | Principal/ Enhanced | Other | |||
Primary materials | 70% | 60% | 70% | 50% | 80% | 60% | |||
Secondary materials | 30% | 40% | 30% | 50% | 20% | 40% | |||
Parking/Access | |||||||||
Restricted access | P | P | R | ||||||
Limited access | O | O | L | "C" streets only | |||||
On-street parking | O | Only on "A" streets | O | R/P | R on "A" streets; P on "B" streets | ||||
Secondary parking | O | O | L | Behind building or on perimeter of development | |||||
Small lot | O | Relates to size of development | P | R | |||||
R = Required |
P = Preferred |
O = Optional |
L = Limited |
D = Discouraged |
Section 400.500 Approved Land Uses and Specific Exclusions.
[Ord. No. 03032014A §XII, 3-3-2014]
A.
The presumption established by this Chapter is that all legitimate uses of land are approved within at least one (1) zoning district in the City limits. Therefore, because the list of approved uses set forth in Section 400.502 (Approved Land Use Table) cannot be all inclusive, those uses that are listed shall be interpreted by the City Planner to include similar uses that have similar impacts to the uses listed.
B.
Notwithstanding Subsection (A) of this Section, all uses that are not listed in Section 400.502 (Approved Land Use Table), even given the interpretation mandated by Subsection (A) of this Section, are prohibited. Nor shall Section 400.502 (Approved Land Use Table) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is approved in other zoning districts.
C.
Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:
Section 400.501 Use of Designations "P," "SP," and/or "-" in Approved Land Use Table.
[Ord. No. 03032014A §XIII, 3-3-2014]
A.
Permitted Uses. Uses identified with a "P" in the Approved Land Use Table, Section 400.502, are permitted in each respective district, provided that uses comply with all other applicable standards of this Chapter. No building or premises improved or unimproved shall be used, and no building shall be hereafter erected, converted, enlarged, reconstructed, or structurally altered, except for a purpose permitted in the district in which the building or land use is located as shown in the Approved Land Use Table, Section 400.502, except for:
C.
Prohibited Uses. Uses identified with a "-" in the Approved Land Use Table, Section 400.502, are expressly prohibited in the subject district. Uses that are not listed may also be prohibited; determination of whether an unlisted use may be permitted shall be made by the City Planner in accordance with Chapter 400, Article XII, Administration and Enforcement, of this Code.
Section 400.502 Approved Land Use Table.
Editor's Note: The Approved Land Use Table is included as an attachment to this Chapter.