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Perry City Zoning Code

ARTICLE II

Establishment Of Districts And District Regulations

Section 405.040 Establishment Of Districts.

[R.O. 2011 § 405.040; CC 1990 §42.030]
A. 
Three (3) zoning districts shall be established as part of this Chapter. They are:
1. 
R-1 Residential district. Single- and multi-family.
2. 
R-2 Residential district. Mobile homes.
3. 
C Commercial-Industrial district.

Section 405.050 R-1 Residential District; Single- And Multi-Family.

[R.O. 2011 § 405.050; CC 1990 §42.100; Ord. No. 514, 4-10-2019; Ord. No. 538, 4-12-2022]
A. 
Permitted Uses.
1. 
Single-family and multi-family dwellings (except mobile homes).
2. 
Farming, truck gardening and nurseries — minimum five (5) acres.
3. 
Home occupations.
4. 
Public schools, elementary and high, or private schools having a curriculum similar to that ordinarily given in a public elementary school or public high school including religious instruction in parochial schools.
5. 
Churches and similar places of worship.
6. 
Convents, monasteries, rectories or parish houses to be occupied by not more than ten (10) persons.
7. 
Group Homes. No group home shall be located within five hundred (500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
8. 
Temporary buildings and uses for construction purposes for a period not to exceed one (1) year.
9. 
Accessory use or building.
10. 
Library.
11. 
Off-street parking facilities, as required.
12. 
Private swimming pools appurtenant to a single-family dwelling on the same lot, when they meet yard depth and width requirements for principal buildings in the district in which they are located and when the swimming pool or the property on which it is located is adequately fenced to prevent access of small children and meets all applicable health and sanitary requirements.
13. 
Shipping containers, used for non-occupancy short-term storage use, and only in compliance with Section 405.076.
B. 
Height. The maximum height of buildings permitted shall be as follows:
1. 
Single-family or multi-family detached dwellings thirty-five (35) feet and not over two and one-half (2 1/2) stories.
2. 
Churches and similar places of worship seventy-five (75) feet for towers or steeples and not more than forty-five (45) feet for the principal building.
C. 
Lot Size.
1. 
Every single-family dwelling erected shall be on a lot having an area of not less than six thousand (6,000) square feet and a width at the established building line of not less than fifty (50) feet. Every multi-family dwelling erected shall be on a lot having an area of not less than twelve thousand (12,000) square feet and a width at the established building line of not less than one hundred twenty (120) feet.
2. 
Churches and similar places of worship hereafter erected or structurally altered shall be on a lot having an area of not less than one (1) acre and a width at the building line of not less than one hundred fifty (150) feet.
3. 
Public schools, elementary and high, or private schools having a curriculum similar to that ordinarily given in a public elementary school or public high school, including religious instructions in parochial schools, hereafter erected shall conform to the following minimum standards:
a. 
Elementary School. Three (3) acres plus one (1) acre per one hundred (100) students design capacity.
b. 
Junior High School. Eight (8) acres plus one (1) acre per one hundred (100) students design capacity.
c. 
Senior High School. Fifteen (15) acres plus one (1) acre per one hundred (100) students design capacity.
D. 
Yard Area. No building or structure should be erected or enlarged unless the following yards are provided and maintained in connection with such buildings, structures or enlargement:
1. 
Front Yard. On a corner lot, each dwelling constructed should have a front yard of not less than twenty (20) feet.
2. 
Side Yard. On each lot upon which a dwelling is constructed, there should be a side yard of not less than ten (10) feet. In subdivisions built after March 6, 1973, side yards shall have not less than twenty (20) feet. On lots which a church or similar place of worship is constructed or extension made to an existing church or similar place of worship, there should be a side yard of not less than ten (10) feet on each side of the structure.
3. 
Rear Yard. Every lot or parcel of land upon which a building is constructed should have a rear yard of not less than thirty (30) feet or twenty percent (20%) of depth of the lot, whichever is larger, but it need not exceed fifty (50) feet.
E. 
Off-Street Parking Facilities. Off-street parking facilities shall be provided as required (Section 405.100).

Section 405.060 R-2 Residential District; Mobile Homes.

[R.O. 2011 § 405.060; CC 1990 §42.110; Ord. No. 452 §1, 9-4-2012]
A. 
Permitted Uses. Any use permitted in the R-1 Residential district and mobile homes pursuant to Subsections (G) and (H) of this Section.
B. 
Height. The same regulations apply as required in the R-1 Residential district.
C. 
Lot Size. Every dwelling hereafter erected shall be on a lot having an area of not less than seven thousand two hundred (7,200) square feet.
D. 
Yard Areas. The same regulations apply as required in the R-1 Residential district.
E. 
Percentage Of Lot Coverage. All buildings including accessory buildings should not cover more than thirty percent (30%) of the area of the lot.
F. 
Parking Facilities. Parking facilities shall be provided as required in Section 405.100.
G. 
Mobile Homes. The regulations set forth below provide the conditions under which the non-conforming use of a mobile home may be continued:
1. 
If the mobile home is located on its property on the date of the adoption of this amendment, the mobile home may be maintained or repaired in the same manner as if a mobile home were a permitted use in the R-2 Residential (mobile home) district, except if the mobile home is replaced, it must be replaced by a new manufactured home that is not more than five (5) years old. The new manufactured home must be permanently affixed to a permanent foundation. The owner of the lot upon which the manufactured home is to be placed shall make application and obtain a building permit from the City of Perry. There shall be no more than one (1) residence per lot. A house, whether occupied or not, is considered a residence.
H. 
Regulations For Mobile Homes Placed Within Mobile Home Parks.
1. 
The owner of the lot upon which the mobile home is to be placed shall make application and obtain a building permit from the City of Perry, Missouri.
2. 
The mobile home to be placed on the individual lot must be manufactured within five (5) years prior to the date of placement.
3. 
The unit shall be occupied only as a single-family dwelling.
4. 
The unit shall be placed in conformance with all zoning and setback requirements established for the zone in which located.
5. 
The unit must be installed (anchored and tied down) level on a properly designed foundation system in accordance with the rules and regulations of the Missouri Public Services Commission and meet all manufacturer's specifications for support. The foundation must be placed on appropriate footings to comply with the rules and regulations of the Missouri Public Service Commission.
6. 
The unit must be completely and properly skirted with manufactured vinyl skirting.
7. 
The unit must be fully intact, including all windows, doors and siding.
8. 
All wheels and towing apparatus and running gear must be removed from the unit.
9. 
A minimum of eighteen (18) inches of crawl space must be maintained under the entire mobile home.
10. 
The unit shall have steps at all exits.
11. 
The unit shall have a hard surface (not earthen in nature) driveway not less than nine (9) feet wide sufficient for the placement of at least two (2) vehicles.
12. 
The mobile home must have been built to accommodate the following standards as established by the U.S. Department of Housing and Urban Development being Wind Zone I or better and Thermal Zone II or better.
13. 
The unit shall be served by City utilities (sewer) meeting the established requirements prior to receiving service.
14. 
The unit shall be served by any electrical service and water service.
15. 
To the extent possible, all public utilities shall be installed underground.
16. 
No additions or alterations shall be made to the unit.
17. 
Property owner shall declare the mobile home as personal property and must so record the same with the County Assessor.
18. 
Shall be subject to inspection by the Building Inspector at any time during the construction, erection and placement process.

Section 405.070 C Commercial-Industrial District.

[R.O. 2011 § 405.070; CC 1990 §42.120; Ord. No. 514, 4-10-2019]
A. 
Permitted Uses.
1. 
Business establishments.
2. 
Service establishments.
3. 
Medical and health facilities.
4. 
Offices, either public or private.
5. 
Commercial recreation facilities.
6. 
Motels and hotels.
7. 
Manufacturing, processing and shipping facilities of goods and/or materials which in the opinion of the Board of Aldermen will not:
a. 
Substantially increase traffic hazards.
b. 
Substantially increase fire hazards.
c. 
Adversely affect the character of the neighborhood.
d. 
Adversely affect the general welfare of the community.
8. 
Replacement of single- or multiple-family residence existing in the commercial zone at the time the property in question was first zoned commercial.
9. 
Shipping containers, used for non-occupancy short-term storage use, and only in compliance with Section 405.076 (accessory structures).
10. 
Shipping containers, used for non-occupancy long-term storage use, with a special use permit only.
11. 
Shipping containers, used as a temporary job-site construction storage/office, and only during the length of the construction project.
B. 
Height. No building or structure shall exceed three (3) stories or thirty-five (35) feet in height.
C. 
Lot Size. Every building hereafter erected shall be on a lot having an area of not less than seven thousand two hundred (7,200) square feet and a width at the established building line of not less than eighty (80) feet.
D. 
Yard Areas. No building or structure should be constructed or enlarged unless the following yards are provided and maintained in connection with such building.
1. 
Front Yard. No front yard is required, except in an instance of a replacement single-family or multiple-family residence, in which case the front yard requirements shall be the same as in the residential zone.
2. 
Side Yard. No side yard is required, except for a lot which abuts upon an R district or upon an alley separating this district from an R district. There shall then be provided a side yard equal to twice the front yard required in the abutting R district, but in no case less than forty (40) feet.
3. 
Rear Yard. There shall be rear yard of not less than ten (10) feet; permitting, however, that a one-story accessory building may be located thereon, except for the five (5) feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the unloading and loading of vehicles under roof.
4. 
Buffer Area. On lots abutting an R district, there should be provided a twenty (20) foot wide planting strip extending the length of the lot adjoining the R district planted with trees and shrubs to provide a dense screen at maturity.
5. 
Off-Street Parking And Loading Facilities. Off-street parking and loading facilities shall be provided as required in Section 405.100.

Section 405.075 Building Heat Source Requirements For Commercial-Industrial District.

[R.O. 2011 § 405.075; Ord. No. 466 §1, 5-6-2014]
A. 
Any building or accessory building located within the C Commercial-Industrial district shall not contain any heat source other than heat by forced air and/or natural gas stoves, where such building or accessory building adjoins another building or accessory building.
B. 
As used in this Section, the term "adjoins" means touching or contiguous, as distinguished from lying near to or adjacent.

Section 405.076 Accessory Building, Use, And Structure Regulations.

[R.O. 2011 § 405.076; Ord. No. 514, 4-10-2019]
A. 
Shipping Containers. Shipping containers, in whole or in part, as permitted in the zoning district in which the shipping container is to be located, and only when in compliance with the following:
1. 
Shipping containers for use as permanent storage structures or parts of permanent storage structures shall comply with the setback and lot coverage regulations for accessory structures for the district in which they are located and shall be in compliance with the Building Code of the City.
2. 
Shipping containers for short-term or long-term storage shall be painted a uniform color and be free of graffiti, peeling paint, or other defacements.
3. 
Shipping containers for short-term or long-term storage may contain up to two (2) attached signs not exceeding fifty (50) square feet each, advertising only the name and/or logo and phone number of the owner. Such signs shall be painted on the container or mounted flat against the face of the container and shall not extend above the top of the container.
4. 
Shipping containers for short-term storage use shall be located in a driveway or other location approved by the Building Department and shall not be located within a thirty (30) foot sight distance triangle of any street intersection or neighboring driveway intersection. Shipping containers for short-term storage shall not be located in a public street.
5. 
Short-term use of shipping containers may be granted one (1) extension up to a period of six (6) additional months upon written application from the property owner showing just cause why an extension should be granted and upon approval of the Building and Planning Manager.
B. 
Violation of this Section shall be punishable as set forth in Section 405.160.
[Ord. No. 569, 12-3-2024]