Perryville City Zoning Code

A.

The purpose of this section and Section 17.34.020 Land use regulations table below is to provide a listing of the land uses permitted by right, requiring a conditional use permit in accordance with Chapter 17.46 Conditional Use Permit, or requiring a planned development district in accordance with Chapter 17.32 PDD Planned Development District in a consolidated location within the zoning districts established in this chapter.

B.

The city of Perryville reserves full authority to deny any use not listed in Section 17.34.020 Land use table as a permitted use, conditional use, or planned development district; and reserves full authority to deny any request for a conditional use permit.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)

A.

The permitted, conditional, and planned development district uses are listed within the table as follows:

B.

All development within planned development districts (PDD-R, PDD-C, PDD-I, and PDD-MU) is subject to site plan review in accordance with Section 17.48.020 Site plan review.

C.

Conditional use permits require review in accordance with Chapter 17.46 Conditional Use Permits.

D.

Any use that is not denoted in the land use table as being permitted by right, a conditional use, or planned development district shall be interpreted as not permitted.

* Except that two-family/duplex dwellings shall not be allowed in any R-2 zoned portion of the following tracts:

1.

A tract as recorded in document No. 2008R03100 of the Office of the Perry County Recorder of Deeds.

2.

A tract as recorded in document No. 2020R02376 of the Office of the Perry County Recorder of Deeds.

3.

A tract as recorded in document No. 2015R02586 of the Office of the Perry County Recorder of Deeds.

4.

A tract as recorded in Book 379, Page 974 of the Office of the Perry County Recorder of Deeds.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)

A.

The purpose of this section is to provide a listing of the lot and dimension requirements, in a consolidated location, as a quick-reference guide to these such requirements by zoning district. Refer to Chapter 17.32 PDD Planned Development Districts for requirements related to any planned development district.

* On lots upon which a church or similar place of worship, community building, museum, library, art gallery, school, fraternal or other private club, or other similar building is constructed, there shall be a side yard of not less than thirty (30) feet on each side of the main structure.

** For two-family dwellings, side yard requirements do not apply to interior walls separating units.

*** Any two story or more building shall have a side yard of not less than ten feet.

⁁ Rear yard of thirty (30) feet or twenty (20) percent of the depth of the lot, whichever is greater, not to exceed fifty (50) feet.

⁁⁁ Rear yard of twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is greater, not to exceed thirty-five (35) feet.

†Two-Family Dwelling: fifty (50) feet when units are located on a single parcel, or twenty-five (25) feet per lot when units are located on individual lots.

‡Except detached single-family, attached single-family, and two-family dwellings: thirty-five (35) feet (2.5 stories)

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)

A.

Purpose. The general policy of the city is to allow uses, buildings, and lots that were created legally and in conformance with then-applicable requirements, but that do not conform to the current applicable requirements of these regulations to continue. However, it is also the policy of the city to bring such uses, buildings, and lots into conformance with current regulations as is reasonably practical. Non-conformities are not to be expanded, and they should be abolished or become conforming as quickly as the fair interest to the parties will permit. The intent of this section is to balance the interests of property owners in past investments, discourage investment that expands or reinforces nonconforming situations, and promote investment consistent with the comprehensive plan and these regulations.

B.

Applicability. The provisions of this section shall apply to all lawfully existing nonconforming uses, lands, and structures.

C.

Nonconforming Building or Structures. Where, on the date of adoption or amendment of this title, a lawful building or structure exists that could not be built under the regulations of this title or amendment thereto by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:

1.

Enlargement. No existing building devoted to a use not permitted by this title in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building is located. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, shall thereafter conform to the regulations for the zoning district in which it is located.

2.

Damage. In the event that any building or structure is damaged or destroyed by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five (65) percent of its fair market value, such structure shall not be restored or replaced unless structure and the use thereof conform with the regulations of this title.

3.

Relocation. No nonconforming building or structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved

D.

Nonconforming Uses of a Structure or Lot. Where, on the date of adoption or amendment of this chapter, a lawful use of a parcel or lot exists that is no longer permissible under the provisions of this chapter or amendment thereto, such principal use may be continued so long as it remains otherwise lawful subject to the following provisions:

1.

Manufactured Homes. Any manufactured home located in a district other than an MH-1 manufactured home park district from and after the effective date of this title shall be considered as a nonconforming use of the land under the provisions of this title; provided, however, that the replacement of a manufactured home with a newer or improved model manufactured home by an owner occupying the existing manufactured home under the provisions of the conditional use regulations of Chapter 17.46 shall not be considered such a change so as to alter the preexisting nonconforming use. It is further provided that the owner referred to hereinabove shall have occupied the existing manufactured home for a period of no less than twelve (12) months preceding the filing of the application for the conditional use permit.

2.

Enlargement. A nonconforming use occupying only a portion of an existing building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of this chapter or to any affecting amendments thereof. No such nonconforming use of a lot shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this chapter; and no additional accessory use, building, or structure shall be established thereon.

3.

Damage. In the event that any building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five (65) percent of its fair market value, such structure shall not be restored or replaced unless structure and the use thereof conform with the regulations of this title.

4.

Discontinuance. In the event that a nonconforming use of a building, structure, or lot is discontinued, or its normal operation is stopped, for a period of two years, the use of the same shall thereafter conform with the regulations of this title.

5.

Relocation. No building or structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this chapter or amendment thereto or to a parcel or lot not in conformance with this chapter.

6.

Change in Use. If no structural alterations are made, any nonconforming use of a building or structure, or structure and land, may as a conditional use be changed to another nonconforming use provided that the board of aldermen either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or restrictive, or more appropriate or more restrictive to the district than the existing nonconforming use. In permitting such change, the board of aldermen may require appropriate conditions and safeguards in accordance with Chapter 17.46 Conditional Use Permits. Once a change is made to a more appropriate or more restrictive use, the use shall not thereafter be returned to the original use or a less appropriate or less restrictive use.

E.

Repairs and Maintenance.

1.

Nothing in this chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged by any means out of the control of the owner to an extent less than sixty-five (65) percent of its fair market value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of damage, provided the restoration of such structure and its use in no way increases any former nonconformity, and provided further that restoration of such structure is begun within one hundred eighty (180) days of such damage and diligently prosecuted to completion within two years following such damage.

2.

Whenever such structure has been damaged to an extent of more than sixty-five (65) percent of its fair market value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the zoning administrator, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated.

3.

When a structure is determined to be in violation of any applicable health or safety code by the zoning administrator under any applicable ordinance of the city and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed sixty-five (65) percent of the fair market value of the entire structure, such nonconforming structure shall not be restored for the purpose of continuing a nonconforming use.

4.

None of the restrictions contained in this section shall limit the authority of the board of zoning adjustment to grant relief for reconstruction of a nonconforming structure, as provided in Section 17.48.040 Zoning board of adjustment.

F.

Change of Tenancy or Ownership. Provided there is no change in the nature or character, extent or intensity of such nonconforming use, building, or structure, other than signage, there may be a change of tenancy, ownership, or management of an existing nonconforming use, building, or structure.

G.

Completion of Pending Construction and Building Permits. To avoid undue hardships, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Nothing herein contained shall require any change in the site plan or designated use of a building for which a building permit had been heretofore issued or plans or final subdivision plats which have been approved by the city at the time of the passage of this chapter or amendment provided that actual construction is begun within one hundred eighty (180) days of such permit issuance of approval thereto.

H.

Conditional Uses. Any use existing at the time of adoption or amendment to this chapter and which is permitted as a conditional use in a district under the terms of this chapter or amendment thereto shall be deemed a conforming use in such district and shall without further action be considered a conforming use.

I.

Nonconforming Lots of Record. The building inspector may issue a building permit for any nonconforming lot of record the following instances:

1.

If through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied; or

2.

Provide that said lot:

a.

Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations;

b.

Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations;

c.

Can meet all yard regulations for the district in which it is located; and

d.

Can be served by the municipal water and sewer system.

J.

Existence of Nonconforming Use. A nonconformity shall not be deemed to have existed on the date this chapter or any amendment thereto became effective; unless:

1.

It was in being on a continuous basis and to its fullest extent on such date.

2.

If such nonconformity is a use, such use had not been abandoned.

In cases of doubt, and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the board of aldermen after notice, a public hearing, and receipt of a report and recommendation of the planning and zoning commission.

K.

Nonconformity as Basis for Variance. The existence of any present nonconformity anywhere in the city shall not itself be considered grounds for the issuance of a variance for other property.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)