Perryville City Zoning Code

The regulations set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

A.

No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced.

B.

A minimum of five feet of space shall be required between any accessory buildings located on the same property, or between any accessory building and the primary building on the property.

C.

Accessory buildings or structures may be constructed or installed in a required rear yard, but such accessory buildings shall not occupy more than thirty (30) percent of a required rear yard and shall not be nearer than five feet to any side or rear lot line; except that when a garage is entered from an alley, it shall not be located closer than ten feet to the alley line. If a garage is located closer than ten feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.

D.

Temporary buildings/structures customarily incidental to an approved principal use may, for seasonal or periodic use, be placed in a front or side yard on commercially zoned parcels or parcels with an approved commercial use upon compliance with all other provisions hereof.

1.

Temporary buildings/portable structures shall otherwise be permitted for temporary use for a period not to exceed one year in any zoning districts, where the principal building is made uninhabitable by fire, flood or other natural disaster or if a permit for remodeling or renovation or the like has been obtained.

2.

The temporary buildings/portable structure shall be located on the same tract or parcel of land where the disaster occurred.

3.

The zoning administrator has the authority to extend the use of the portable building(s) for an additional six months but not to exceed a maximum of eighteen (18) months duration of the use of portable building(s).

E.

Shipping Containers. Shipping containers may be permitted as an accessory structure for commercial and industrial uses located in commercial and industrial zoning districts with a conditional use permit for either temporary or permanent use. The conditional use permit shall regulate whether the shipping container is for temporary or permanent use, and if temporary, the length of time it shall be permitted.

F.

Satellite Television Antennas. Satellite television antennas may be constructed or installed in a required rear yard only. The antenna station must also be installed and anchored in conformance with the requirements of the city building code and may not be connected to serve any adjoining property or structure. The antenna must also meet all applicable public utility requirements regarding distances between the antenna and public utility lines.

G.

Portable or Movable Storage Buildings or Sheds. Portable or movable storage buildings or sheds are considered accessory buildings and may be installed in a rear yard only and not nearer than five feet to any side or rear lot line.

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

A.

Purpose. The purpose of this section is to promote home ownership and affordable housing options and encourage integrated residential densification via flexibility and dwelling unit options. The requirements of this section are also designed to protect the single-family character of the neighborhood in which a property containing an accessory dwelling unit is located.

B.

General Requirements.

1.

Accessory dwelling units shall only be permitted when accessory to a single-family dwelling on a single lot within a zoning district permitting single-family dwellings.

2.

Only one accessory dwelling unit is permitted on an individual lot.

3.

Every accessory dwelling unit shall contain complete cooking and sanitary facilities, including but not limited to a kitchen and full bathroom, in accordance with Title 15 - Building and Construction.

C.

Permitted Types of Accessory Dwelling Units. Accessory dwelling units may be constructed within an existing principal dwelling unit (interior apartment), as an attachment or addition to an existing principal dwelling unit, or as a separate or converted accessory structure (e.g., converted garage, carriage house, unit above a garage).

1.

Interior Dwelling Units. An accessory dwelling unit that is constructed within the principal dwelling (interior apartment) shall comply with the following requirements:

a.

May occupy a basement, first, or second story of a main residence if it is designed as an integral part of the main residence.

b.

No more than thirty (30) percent of a single-family detached dwelling shall be used for the accessory dwelling unit.

c.

Any separate external entrance shall be located on the side or in the rear of the building.

2.

Attached Accessory Dwelling Unit. An accessory dwelling unit attached to a principal structure shall comply with the following requirements:

a.

Principal structures containing an attached accessory dwelling unit shall be required to meet the yard area and setback regulations per the zoning district of the property. Attached ADUs constructed as an addition to the principal structure shall not cause the principal structure to become uncompliant with the required yard areas and setbacks.

b.

Any separate external entrance shall be located on the side or in the rear of the principal structure. Exceptions for existing buildings may be considered and approved by the building official if they do not impact the neighborhood or draw attention to the ADU.

c.

Accessory dwelling units may have a maximum height of up to two stories. In no case shall an accessory dwelling unit exceed the height of the principal building.

3.

Detached Accessory Dwelling Units. An accessory dwelling unit that is in a separate, detached building or is added to an existing detached accessory building shall be constructed in a manner that reflects the architectural style, materials, colors, and roof design of the principal dwelling.

a.

Accessory structures containing a detached accessory dwelling unit shall be required to meet accessory structure setbacks.

b.

Accessory dwelling units may have a maximum height of up to two stories. In no case shall an accessory dwelling unit exceed the height of the principal building.

c.

Accessory dwelling units shall be located behind the principal dwelling in the rear yard of the lot. Accessory dwelling units may be allowed with an approve variance.

D.

Minimum Lot Size. Accessory dwelling units may be permitted on lots that meet the minimum lot area required by the underlying zoning district.

E.

Maximum Accessory Dwelling Unit Size. The maximum size of an accessory dwelling unit shall be seven hundred fifty (750) square feet of habitable floor area and shall not contain more than two bedrooms. The calculation of floor area shall include basements but shall not include garage space when said accessory dwelling unit is part of a detached garage.

F.

Maximum Occupancy. The maximum occupancy of an accessory dwelling unit shall not exceed two adults and any dependents, up to four total persons.

G.

Parking Required. One additional off-street parking space for each bedroom within the accessory dwelling unit shall be provided in addition to any spaces required in this code. Such parking spaces shall have direct, drivable access to a street.

H.

Owner Occupancy Required. The owner of record shall actually and physically reside in either the principal dwelling or accessory dwelling unit as long as both dwelling units are occupied as residences.

I.

Street Address. Every accessory dwelling unit shall have a formally assigned street address that is sequential to the address of the principal structure and based on the front door orientation of the accessory dwelling unit. Address numbers shall be affixed and designed to identify the main entrance to the accessory dwelling unit.

J.

Approval:

1.

No existing accessory building can be converted to an accessory dwelling unit or modified to incorporate an accessory dwelling unit without meeting all the standards of this section and applicable regulations established by the city of Perryville Zoning Ordinance.

2.

Application and Fee. Requests for an accessory dwelling unit may be sought by filing a written application and payment of an applicable fee of forty dollars ($40.00) to the city. The city shall maintain a registry of all accessory dwelling units existing in the city.

3.

Submission Requirements. Every application for an accessory dwelling unit shall be accompanied by a plot plan, unless a site plan is required. Every plot plan shall provide the following data and information:

a.

The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of said property. All existing lot lines, easements, and rights-of-way shall be shown.

b.

The location and use of all existing and proposed structures on the property.

c.

The principal structure and proposed accessory dwelling unit shall be identified by assigned street addresses.

d.

Locations and dimensions of all setbacks, including distances between all buildings, between buildings and property lines, and between all parking areas and property lines.

e.

All dimensions of building height and floor area.

f.

Show all existing, proposed, and anticipated future alterations to exterior entrances.

g.

All existing and proposed parking spaces, driveway openings, driveways, facilities for refuse and other waste disposal, landscape features, such as fences, walls, screening, earth berms, planting areas, sidewalks or paths.

h.

Site address of all abutting parcels.

i.

Identify all abutting streets and alleys.

4.

Permit Required. No accessory dwelling unit shall be created or occupied without the approval of the city through the issuance of the appropriate building permits. The city shall maintain a registry of all permitted accessory dwelling units.

5.

Inspection. Accessory dwelling units shall be subject to all required inspections associated with the issuance of all required building permits.

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

A.

Purpose. The purpose of this section is to provide minimum standards for sustainable, interesting, and attractive commercial building design.

B.

Scope. All commercial buildings shall meet the following minimum guidelines for site plan review as provided in Section 17.48.020.

C.

Intent. It is the intent of these design regulations to create value, identity, and character within neighborhoods and districts, enhance visual interest, and strengthen building character through the use of a variety of quality and sustainable building materials.

D.

Applicability. This section shall be applicable to the primary building façade.

E.

Building Materials. The exterior finish must include at least three visible materials, including windows. The same material with a varying finish or treatment shall not meet this requirement.

1.

The following materials are permitted:

a.

Primary materials (seventy (70) percent of façade or greater):

(1)

Brick or tile masonry.

(2)

Native stone or synthetic equivalent.

(3)

Pre-cast masonry.

(4)

Stucco or cementitious finish.

b.

Secondary materials (no greater than thirty (30) percent of façade):

(1)

Siding (wood, composite, or Hardie Plank).

(2)

Curtain wall systems should only be used for limited areas, such as connections between buildings, entrance lobbies, etc.

(3)

Concrete block (split face block only, options in terms of color and texture should be explored to create rich surfaces).

(4)

Poured-in-place concrete: options in terms of formwork, pigments and aggregates should be explored to create rich surfaces.

(5)

"High-ribbed" metal siding panels of such design as to be durable, all-weather, rust-resistant and have a minimum of three-fourths inch rib heights with ribs spaced on center.

(6)

EIFS.

c.

Accent materials (no greater than ten percent of façade):

(1)

Gypsum reinforced fiber concrete (for trim elements only).

(2)

Metal (for beams, lintels, trim elements, and ornamentation only).

(3)

Ceramic tile.

2.

Exceptions:

a.

Other high-quality and durable materials may be approved by the city, that meet the intent of this section.

b.

Shipping containers sealed by a professional engineer/architect may be approved as the principal structure for an approved commercial use via a conditional use permit.

3.

Building surfaces shall not reflect light into residential areas or allow light from inside the building to intrude into residential areas.

4.

The use of highly reflective or glossy materials or coatings should be limited to building accents only.

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

A.

The purpose of this section is provide supplemental regulations for agritourism operations in the city of Perryville that protect the public health when agricultural and tourism-related activities are co-located. These regulations are intended to encourage agritourism by supporting and promoting working farms, while protecting the public health from development of commercial tourism activities or facilities incompatible with rural character and mitigate undue impacts on surrounding properties. These regulations shall not apply to any activity run by the city, sponsored by the city, or approved as part of an event permit.

B.

Agritourism must be incidental to and directly supportive of an approved agricultural or farm operation, on the same lot or parcel as the agricultural or farm operation or located on adjacent lots or parcels owned by the same owner as the agricultural or farm operation.

C.

Agritourism operations shall only be allowed upon the issuance of the appropriate permit from the zoning administrator.

D.

Agritourism operations may include, but are not limited to, the following list of activities.

1.

Farm markets, farmers market, and farmstands, both indoor and outdoor

2.

You-pick operations

3.

Agricultural tours

4.

Agricultural exhibits or museums

5.

Camping

6.

Corn mazes

7.

Fee fishing

8.

Farm animals, petting zoo, and similar animal attractions

9.

Horseback riding

10.

Special events, such as seasonal amusements, weddings, festivals, concerts, or shows

11.

Similar activities may be considered as agritourism operations, as determined by the zoning administrator.

E.

Minimum Site Requirements. A site plan may be required in accordance with Section 17.48.020 Site plan review to demonstrate compliance with the minimum site requirements provided herein or other application zoning regulations.

1.

Adequate restrooms facilities and potable water shall be provided.

2.

All structures, buildings, storage areas, etc. (except permitted fences or walls) associated with an agritourism operation shall be set back a minimum of fifty (50) feet from all property lines adjacent to a public right-of-way.

3.

Outdoor lighting shall be designed to minimize light from directly hitting adjacent properties or public rights-of-way.

4.

The installation of signage shall be approved in accordance with Chapter 17.40 Signs.

5.

A plan for traffic, circulation, and parking that accommodates the parking needs of both employees and patrons shall be provided.

6.

Food and alcohol sales shall be in accordance with city and county food sanitation, health, and licensing requirements.

7.

Appropriate screening shall be required where an agritourism operation adjoins a residentially zoned or utilized property, as determined by the zoning administrator.

F.

Notwithstanding the foregoing, agritourism operations shall comply with all applicable adhere to all other local, state, and federal statutes and regulations.

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

A.

The purpose of this section is to provide supplemental regulations for artisan/maker establishments (retail trade and no-impact manufacturing) in the city of Perryville.

B.

No land or building devoted to such uses shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises.

C.

Artisan/maker establishments shall include a retail area, such as a sales floor, gift shop, dining area, or tasting room.

D.

All applicable state and local liquor, health, food handling, safety, gaming, and other relevant licensing requirements shall be adhered to. All applicable zoning requirements shall be adhered to.

E.

Artisan/maker establishments shall require conditional use permits to operate in commercial districts as per Chapter 17.46 and the land use table in Chapter 17.34. Provisions limiting outdoor activities, hours of operation, and other performance standards shall be included in the conditional use permit for the establishment.

F.

Microbreweries, Micro-Distilleries, and Wineries.

1.

Microbreweries, micro-distilleries, and wineries shall comply with all applicable laws of the Revised Statutes of Missouri.

2.

Microbreweries, micro-distilleries, and wineries shall have a tasting room where products can be consumed on-site.

3.

Wineries shall have an associated vineyard on the same property as the winery facility or on an adjacent property under the same ownership.

4.

Parking and storage areas associated with microbreweries, microdistilleries, and wineries shall be screened from any adjacent residentially zoned or utilized property. If existing topography or natural vegetation does not provide an adequate visual barrier, a fence or landscape screen shall be required.

5.

Microbreweries, micro-distilleries, and wineries shall not produce more than three thousand (3,000) barrels of product on the premises in any twelve (12) month period.

a.

For those producing up to one thousand (1,000) barrels per year, at least twenty (20) percent be consumed on the premises.

b.

For those producing more than one thousand (1,000), but not great than two thousand (2,000) barrels per year, at least fifteen (15) percent be consumed on the premises.

c.

For those producing more than two thousand (2,000), but not great than three thousand (3,000) barrels per year, at least ten percent be consumed on the premises.

d.

Breweries, distilleries, and wineries producing more than three thousand (3,000) barrels of product on the premises in any twelve (12) month period are prohibited.

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

A.

Projection screens and parking areas shall not be closer than one hundred fifty (150) feet of any public right-of-way and not closer than three hundred (300) feet from any residential zoning district or residential property.

B.

The projection surface of the motion picture screens shall not be visible from any public street.

C.

If loudspeakers are provided, they shall be limited to the individual type, which are designed to be heard by the occupants of a single vehicle.

D.

Entrances and exits shall only connect to arterial or connector streets, shall not be located closer than one hundred (100) feet of any intersection of public streets, and shall be designed to not unduly interfere with or unnecessarily impede traffic flow.

E.

Waiting (stacking) area for at least twenty-five (25) automobiles shall be provided near the main entrance to prevent traffic back-up on adjacent streets.

F.

Fences or appropriate plant screening as approved by the city zoning administrator shall enclose the drive-in theater.

G.

All aisles and parking areas shall utilize, at a minimum, a dust palliative or its equivalent.

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