Perryville City Zoning Code

CHAPTER 17

56 - SUPPLEMENTARY USE AND DESIGN REGULATIONS

Sections:

17.56.010 - Accessory building, use and structure regulations.

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

No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced; and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.

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. Mobile or modular units for seasonal or periodic use may be placed in a front or side yard in commercially zoned areas upon compliance with all other provisions hereof. Shipping container storage units are not considered accessory buildings.

Fences. Property boundary and privacy fences shall not exceed eight feet in height. No fence shall be constructed on the public right-of-way.

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.

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. If the storage building is located closer than ten feet to the main building, the storage building shall be regarded as part of the main building for the purposes of determining side and rear yards.

Solar Access Availability. Under Section 442.012, Revised Statutes of the state of Missouri, the right to utilize solar energy is defined as a property right that can be acquired through negotiation with adjacent property owners but cannot be acquired through eminent domain. Any easements obtained for the purpose of construction, reconstruction, remodeling or acquisition of a solar energy device shall only be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. Any instrument creating a solar easement shall include, but not be limited to, the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement and any terms or conditions or both under which the solar easement is granted or will be terminated. Easements for solar light shall be considered negative easements. A certified copy of any solar easement negotiated and properly recorded in the city shall be filed with the city building inspector.

Portable Advertising Signs. Portable advertising signs, whether illuminated or not, may be located in any commercial or industrial district, provided that such sign shall be located at least ten feet from the pavement edge or curbline of the adjacent street or streets. All electrical installations for portable signs shall meet applicable requirements of the city building code. For the purpose of this chapter, a "portable advertising sign" shall be considered as a detached, freestanding ground sign. (Only one portable advertising sign may be located on a lot and only when an existing detached, freestanding sign is not located on said lot. See subsection (H)(7) of this section).

Signs in General. In addition to other provisions of this chapter, all signs must also meet all applicable provisions of the city building code and all applicable regulations of the Missouri Highway and Transportation Department.

The following signs and advertising devices are prohibited:

Signs that revolve, move laterally or transversely or have flashing lights. This shall not be construed to include stationary signs with moveable electronic letters or graphics. Self-changing electronic display boards or "reader boards" shall not appear to blink, flash or otherwise cycle between off and on phases of illumination more frequently than one cycle per four seconds except to produce the illusion of vertical or horizontal scrolling.

Signs erected on or over any public right-of-way or easement;

Any sign erected so as to prevent free ingress to or egress from any door, window or other exitway required by the city building code;

Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal or other traffic-control device. Nor may any sign imitate any official traffic sign;

Any sign erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from or travel on the public right-of-way;

Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property.

Directional and informational signs not more than two hundred (200) square feet in sign face area may be permitted adjacent to an arterial street.

When any sign is illuminated, the light or lights shall be shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property in any residential district.

For the purposes of this chapter, multiple, vertical, joint or combination signs on common supports shall, in aggregate, be considered as one sign and shall not exceed the maximum square footage allowed in the zoning district in which the sign is located.

Billboards and signs that are not maintained in good repair shall be subject to removal. The city zoning administrator shall give written notice to the owner, and the owner shall have thirty (30) days to commence the needed repairs with completion within ninety (90) days. If such evidence of repairs is not produced, the city zoning administrator shall order the billboard or sign to be removed.

No sign, excluding billboards, shall exceed thirty (30) feet above street grade or natural ground level, whichever is highest, unless a special use permit is granted therefor.

Only two detached, freestanding ground signs, excluding billboards, shall be permitted on any lot or tract, exclusive of any attached on-premise signs in conformance with provisions of the zoning district in which the lot or tract is located. Additional detached, freestanding ground signs may be allowed if a special use permit is granted therefor.

The following signs and advertising devices are exempt from the provisions of this chapter:

Any sign erected and maintained pursuant to and in the discharge of governmental function or required by law, ordinance or a governmental regulation;

One sign displaying the street number and/or name of the occupant of the premises not exceeding one square foot in area. Such sign may also include the identification of any accessory use permitted in the zoning district in which the premises are located;

Signs being manufactured, transported and/or stored; provided that such signs are not used for advertising in any manner at the place or places of manufacture or storage;

Commemorative plaques of an historical nature;

Temporary off-premises advertising signs, decorations, or displays advertising or promoting an event which are properly constructed and maintained may be displayed for no more than thirty (30) days prior to and no more than two days after the event to which they pertain. Such signs or displays shall be limited to thirty-two (32) square feet in area. No residentially zoned property may display more than one sign at a time or more than two signs in a calendar year. Commercially zoned property shall not display more than two signs at a given time.

Signs located within malls, courts, arcade porches, patios and similar areas where such signs are not visible from any point on the boundary of the premises;

Signs designating the premises for sale, rent or lease; provided such signs conform to the provisions of the zoning district in which they are located and are on the premises offered for sale;

Public service signs limited to the depiction of time, temperature or news; provided such signs conform to the provisions of the zoning district in which they are located;

Signs on vehicles regulated by the city that provide public services;

Signs on licensed commercial vehicles, including trailers; provided that such vehicles are not utilized as parked or stationary outdoor display signs;

Temporary off-premise subdivision directional signs with a special use permit only. Temporary on-premise subdivision signs shall not exceed thirty-two (32) square feet and shall be removed upon the sale of eighty-five (85) percent of the lots or units within the development;

Temporary political campaign signs, including their support structures, which are erected or maintained for no more than one hundred eighty (180) days prior to the election to which they pertain and which are removed within ten days after the election to which they pertain;

Temporary signs advertising yard sales, garage sales or personal property auctions for no more than two days. Temporary signs advertising real property auctions may be allowed for no more than fourteen (14) days. Any such sign shall be removed on the day such sale or auction ends and no such sign shall constitute a traffic hazard as determined by the city zoning administrator;

Any other auxiliary signs such as exit and entrance signs related to the business of less than eight square feet in area and any directional or informational signs related to the business (i.e. menu boards, gasoline price signs) of less than thirty-six (36) square feet in area;

Temporary signs of a contractor contracted to do a phase of the construction, remodeling or repair of a building on the site on which the construction is in progress or has occurred during the construction and for a period of thirty (30) days following the completion of the individual contractor's phase or job. "Contractor" shall be defined as set out in the city's business license regulations (Chapter 5.04). Such signs shall be no more than four square feet in area in residential zones and thirty-two (32) square feet in area in commercial and industrial zones. There shall be no more than five signs per job site at any one time. Property owners shall control the placement of signs.

Billboards. On-premise and off-premise billboards (signs exceeding one hundred (100) square feet in sign-face area) are permitted in accordance with the following provisions and other applicable provisions of this title. For the purposes of this section, off-premise signs of less than one hundred (100) square feet in sign-face area shall be considered as billboards:

"Off-premise signs and billboards" are defined as those that advertise or direct attention to a business, product, commodity, service, entertainment or the like not located, sold or offered on the premises on which the sign is located.

Billboards shall be permitted only on lots or tracts adjoining the following streets or segments of streets in C-2, C-4, I-1, I-2 or I-3 zoning districts and only when their advertisement is directed toward the following streets or segments of streets:

Interstate 55, Lake Drive (North Outer Road), and Cinque Hommes Drive (South Outer Road);

Perryville Boulevard (Highway 51 By-Pass);

Kingshighway (north of Industrial Drive and south of Sutterer Place).

Billboards may not be erected within five hundred (500) feet of any residential district.

Billboards may not be erected within thirty (30) feet of any adjacent street pavement edge or curbline.

No billboard shall be placed within five hundred (500) feet of another billboard on the same side of the street or within one hundred (100) feet of another detached freestanding sign on the same side of the street as measured along the nearest pavement edge between points directly opposite the signs. The spacing requirements set forth in this chapter shall not apply to on-premise signs (billboards).

The maximum area of a billboard sign face and display area shall not exceed three hundred (300) square feet with a maximum length of thirty (30) feet.

Billboards with a maximum sign face area of up to four hundred (400) square feet and a maximum length of forty (40) feet shall be permitted in any C-2, C-4, I-1, I-2 or I-3 zoning district when the sign is adjacent to and within three hundred (300) feet of Interstate 55, Lake Drive (North Outer Road) and Cinque Hommes Drive (South Outer Road) and Perryville Boulevard (Highway 51 By-Pass). Billboards with a maximum sign face area of up to eight hundred (800) square feet and a maximum length of sixty (60) feet shall be permitted in any C-2, C-4, I-1, I-2 or I-3 zoning district when the sign is adjacent to and within three hundred (300) feet of Interstate 55, Lake Drive (North Outer Road), Cinque Hommes Drive (South Outer Road) and Perryville Boulevard (Highway 51 By-Pass); provided that a special use permit therefor is granted and all other applicable restrictions of this section, including spacing, are met.

Billboards shall have a minimum clearance of twenty (20) feet from the grade of the adjacent street to the bottom of the sign face and a maximum of fifty (50) feet from the grade of the adjacent street to the top of the sign face. Except on-premise high-rise signs along and within one thousand one hundred forty-five (1,145) feet of the centerline of Interstate 55 one thousand five hundred (1,500) feet Northwest and Southeast of its intersection with South Perryville Boulevard (Highway 51 By-Pass) may be a maximum of eighty (80) feet in height with a special use permit.

Billboards with two back-to-back sign faces, either parallel or forming a V when viewed from above and with an interior angle of not more than sixty (60) degrees, shall be considered as one billboard; and each sign face may have the maximum square footage allowed for one billboard.

10.

Billboards must be constructed of steel frame with a concrete base with no more than two steel vertical supports.

11.

Billboards that require more than sixty-five (65) percent repair or replacement shall meet the requirements of this subsection.

12.

Within commercial developments in commercial or industrial zoning districts, billboards shall be allowed as follows:

In any commercial subdivision, a combined sign with a sign face and display area of up to three hundred (300) square feet shall be allowed to advertise the businesses within that commercial subdivision. No individual business sign on a combined sign shall comprise an area of sign face in excess of one hundred (100) square feet per sign;

Within a commercial development maintained as one entity in which there are three or more contiguous business tenant spaces, a combined sign with a sign face and display area of up to three hundred (300) square feet shall be allowed to advertise the businesses within that entity. No individual business sign on a combined sign shall comprise an area of sign face in excess of one hundred (100) square feet per sign;

In a commercial subdivision or commercial development maintained as one entity containing at least three businesses and having road frontage of at least five hundred fifty (550) feet, additional signs with the limitations set forth in this section will be allowed provided that there is a separation between the signs of at least five hundred (500) feet.

13.

Digital Billboards.

Purpose and Intent. More businesses desire to utilize advancements in technology which permit signs to change copy electronically (e.g. utilizing an LED type of sign). Similar to traditional billboards, these newer technologies pose potential risks of impacting adjacent areas and adversely dominating the environment in which they operate unless regulated in a reasonable fashion. The intent of this subsection is to establish operating standards and regulations for digital billboards in order to minimize the secondary effects that often accompany the unregulated display of billboard signs, digital and otherwise, preserve the character and repose of adjacent areas (with a principal focus on residential neighborhoods), protect property values, and reduce traffic hazards caused by undue distractions.

Display.

(1)

A digital sign, other than a digital billboard, may not allow the display or message to change more frequently than once every six seconds, with a transition period of one second or less.

(2)

A digital sign must have installed an ambient light monitor which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this subsection.

(3)

The maximum brightness levels for digital signs, other than a digital billboard, shall not exceed two-tenths foot candles over ambient light levels measured within one hundred fifty (150) feet of the source, consistent with the terms of this subsection. Certification must be provided to the city demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required by the city in its reasonable discretion at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.

(4)

Brightness of digital signs shall be measured as follows:

At least thirty (30) minutes following sunset, a foot candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the preset location.

The sign shall then be turned on to full white copy to take another reading with the meter at the same location.

If the difference between the readings is two-tenths foot candles or less, the brightness is properly adjusted. If the difference exceeds the level required, then it must be turned off until repaired.

A digital billboard must comply with all applicable provisions of federal and state law.

Spacing.

(1)

Digital billboards may not be erected within five hundred (500) feet of any residential district, within five hundred (500) feet of any other billboard, or within one hundred (100) feet of any free-standing sign on the same side of the road. Existing billboards may be converted to digital LED regardless of proximity to a residential district.

(2)

Digital billboards may not be erected within thirty (30) feet of any adjacent street pavement edge or curb line.

(3)

The maximum area of a digital billboard sign face and display area shall not exceed four hundred (400) square feet with a maximum length of thirty (30) feet.

(4)

No digital billboard may be located on top of, cantilevered over, or otherwise suspended above any building or structure.

(5)

"Smart" billboards shall not be permitted that utilize technology or advanced features beyond digital LED signs employing the use of still images without the prior consideration and approval of the board of aldermen (e.g. mobile marketing via text message or SMS messaging, moving video displays, use of sound effects, cameras, radar, infrared, etc.).

Sponsorship Signs in City Soccer Park. The city specifically authorizes the erection of sponsorship signs in the city soccer park in accordance with the limitations and requirements set forth in this chapter as follows:

All sponsorship signs may only be leased by businesses, churches, fraternal organizations or community groups on a renewable five-year basis. The content of the sponsorship signs shall not promote any activity, business or group that is of a sexual, pornographic or racial nature. Each application and lease for any sponsorship shall give the specific content to be placed on each sponsorship sign and the specific size, color and construction of each sponsorship sign. In approving the sponsorship signs, the sign lessor shall take into consideration the general aesthetics of the park area and the best interests of the city of Perryville.

All proceeds derived from sponsorship sign space shall be used only for the upkeep or improvement of the city soccer park or park facility in which the sponsorship sign is located. An accounting shall be made to the chief administrative officer of the city no less often than every six months concerning the use and disbursement of all proceeds from the marketing of sponsorship sign space.

No sponsorship sign shall be larger than fifteen (15) square feet in face area and shall be no more than eight feet in height at the highest point of the sponsorship sign; provided, however, that the center soccer field may have signs no larger than thirty (30) square feet in face area.

All sponsorship signs shall be properly maintained, and any sponsorship sign not maintained in good order shall be removed by the city without the obligation to repay any amounts paid for the sponsorship sign by any advertiser.

Sponsorship Signs in City Park at Baseball Field #1 (a/k/a Legion Field). The city specifically authorizes the erection of sponsorship signs in the city park at Baseball Field #1 (a/k/a Legion Field) under the direction of the board of aldermen or its designee in accordance with the limitations and requirements set forth in this chapter as follows:

All sponsorship sign space may only be leased by businesses, churches, fraternal organizations or community groups on a renewable year-to-year basis. The content of the sponsorship signs shall not promote any activity, business or group that is of a sexual, pornographic, political or racial nature. Each application for any sponsorship sign space shall give the specific content to be placed on each sponsorship sign and the specific size, color and construction of each sponsorship sign. In approving the sponsorship signs, the city shall take into consideration the general aesthetics of the park area and the best interests of the city of Perryville.

All proceeds derived from sponsorship sign space shall be used only for the upkeep or improvement of the city park or park facility. Regular reports shall be made to the board of aldermen concerning the receipt and use of sign space rental proceeds.

No sponsorship sign shall be larger than thirty-two (32) square feet in face area and shall be no more than eight feet in height at the highest point of the sponsorship sign.

This subsection is in addition to subsection J of this section and shall not affect sponsorship signs in the city soccer park.

Sponsorship Signs in City Park for the Disc Golf Course. The city specifically authorizes the erection of sponsorship signs in the city park at the start and throughout the Disc Golf Course in accordance with the limitations and requirements set forth in this chapter as follows:

Sponsorship signs may be leased by individuals, businesses, churches, fraternal organizations, or community groups on a renewable five-year basis. The content of the sponsorship signs shall not promote any activity, business, or group that is of a sexual, pornographic, or racial nature. Each application for sponsorship shall provide the specific content to be placed on the sign, to include details regarding colors, graphics, and written narrative. In approving the sponsorship signs, the city shall take into consideration the general aesthetics of the park area and the best interests of the city of Perryville.

All proceeds derived from sponsorship signs shall be used only for the upkeep and/or improvement of the city park Disc Golf Course and amenities related to the city park Disc Golf Course. An accurate accounting shall be maintained by the city concerning the collection, use, and disbursement of all sponsorship proceeds.

The general size, shape, and design of all signs shall be similar in nature and approved by the city of Perryville. No individual hole sponsorship sign shall be larger than one and one-half square feet in face area and shall be no more than eighteen (18) inches at the highest point of the sponsorship sign; provided, however, that the main Disc Golf layout sign (located at the beginning of the course) may be no larger than twenty (20) square feet in face area.

Once installed, sponsorship signs shall become the property of the city of Perryville and maintained accordingly.

This subsection is in addition to subsections J and K of this section and shall not affect sponsorship signs in other areas of the city park or the city soccer park.

Pedestrian Sidewalk Sign. Any portable outdoor sign providing supplemental business identity or advertisement which is placed upon a public sidewalk or city right-of-way in addition to the types and amount of signage that could otherwise be achieved under the sign regulations of the city of Perryville is hereby prohibited except as specifically allowed in this subsection. Allowable pedestrian sidewalk sign uses are as follows:

A pedestrian sidewalk sign must be located so that the sign structure is in front of the front part of the business which it advertises. Any pedestrian sidewalk sign located on a public or private sidewalk in a commercially zoned district must be positioned so as to allow at least three feet of unrestricted pedestrian access. A pedestrian sidewalk sign may not be attached to any form of electrical power or lighting. No flags, banners, balloons, or other materials may be attached to a pedestrian sidewalk sign.

A pedestrian sidewalk sign must be removed at all times when the business premises are not open for public business activities and during any declared snow emergency. A business may display a pedestrian sidewalk sign in conjunction with the operation of any legally licensed business activity within the city of Perryville. The business using the pedestrian sidewalk sign shall be liable for any and all damage caused by said sign.

No pedestrian sidewalk sign shall be of a size any greater than two feet by three feet.

All pedestrian sidewalk signs must be constructed of a material that presents a finished appearance. All sign lettering shall be professionally painted and applied except that chalkboard type signs shall be permitted. Any signs which are in disrepair, contain graffiti, pornography, or offensive material are prohibited.

In the event the pedestrian sidewalk sign advertises prices, such numerical price symbols shall not be of a size greater than six inches in height.

Temporary Off-Premise Seasonal Advertising Signs. Any person or business may apply for a permit to place a temporary off-premise seasonal advertising sign. Application shall be made at city hall on forms provided by the city which shall state the name of the business, the sign location, the name of the property owners, and the start date and end date of the sign placement. The application must be signed by both the applicant and at least one record title property owner of the property to be used for placement of the sign. The application shall be accompanied by a nonrefundable fee of fifty dollars ($50.00) and a penalty deposit of five hundred dollars ($500.00). The sign shall be of no greater size than ten (10) square feet. The sign shall be presented at city hall along with the application and appropriate fee and deposit. The content of the sign shall not promote any activity, business, or group that is of a sexual, pornographic, political, unlawful, or racial nature. The sign shall be marked by the city with the appropriate ending date of the permit. Thereafter, the applicant may place the sign at the location specified on the permit. The permit shall be for no longer than thirty (30) days and shall not be renewable until one hundred eighty (180) days after the expiration of the permit. If the applicant removes the sign and presents the sign to city hall prior to the end of the thirty (30) day period or the first business day thereafter, then the penalty deposit of five hundred dollars ($500.00) will be returned to the applicant. If the sign is not presented to city hall within the timeframe described above, then the applicant shall forfeit the penalty deposit of five hundred dollars ($500.00). No person or business location shall have more than one sign authorized under this subsection within the city at any one time and no person or business location shall have more than two signs authorized under this subsection within a period of three hundred sixty-five (365) days. No sign shall be permitted on city property or on public right-of-way and no sign shall obstruct driver visibility of traffic. Any person violating this subsection shall be guilty of a misdemeanor punishable under Chapter 1.16 of this Code of Ordinances.

Sponsorship Signs in the City Park Ball Fields. The city specifically authorizes the erection of sponsorship signs in the city park at the city park ball fields under the direction of the board of aldermen or its designee in accordance with the limitations and requirements set forth in this chapter as follows:

All sponsorship sign space may only be leased by businesses, churches, fraternal organizations or community groups on a renewable year-to-year basis. The content of the sponsorship signs shall not promote any activity, business or group that is of a sexual, pornographic, political or racial nature. Each application for any sponsorship sign space shall give the specific content to be placed on each sponsorship sign and the specific color and design of each sponsorship sign. The city shall determine the size and construction of each sponsorship sign. In approving the sponsorship signs, the city shall take into consideration the general aesthetics of the park area and the best interests of the city of Perryville.

All proceeds derived from sponsorship sign space shall be used only for the purchase, erection and maintenance of the sponsorship sign and for the upkeep or improvement of the city park or park facility. Regular reports shall be made to the board of aldermen concerning the receipt and use of sign space rental proceeds.

No sponsorship sign shall be larger than thirty-two (32) square feet in face area and shall be no more than eight feet in height at the highest point of the sponsorship sign.

All sponsorship signs shall be properly maintained by the city only for the term of the sign space agreement and shall be done in a manner determined by the city in the city's sole discretion.

This subsection O is in addition so subsections J, K and L of this Section 17.56.010 and shall not affect sponsorship signs in other areas of the city park or the city soccer park.

(Ord. 4835 § 1, 2007: Ord. 4695 § 1, 2005; Ord. 4602 § 1, 2005; Ord. 4566 § 1, 2004; Ord. 4549 § 1, 2004; Ord. 4307 § 1, 2002; Ord. 4149 § 1, 2001; Ord. 3638 §§ 6, 7, 1998; Ord. 3562 § 1, 1997; prior code § 29-17)

(Ord. No. 5014, §§ 3—17, 3-3-09; Ord. No. 5235, §§ 19—22, 6-21-11; Ord. No. 5407, §§ 1—3, 3-5-13; Ord. No. 5430, § 1, 6-11-13; Ord. No. 5615, § 1, 2-17-15; Ord. No. 5801, §§ 1, 2, 9-6-16; Ord. No. 6030, § 9, 5-15-18; Ord. No. 6131, §§ 1, 2, 3-19-19; Ord. No. 6455, § 1, 11-16-21; Ord. No. 6704, § 1, 2-6-24)

17.56.015 - Sign code to be content neutral.

It is the policy of the city that all sign codes within the city shall be content neutral. In applying the provisions of Section 17.56.010 of this Code, the city administrator and his designees shall enforce sign prohibitions so as to only place limitations on signs that relate to time, place, and manner of sign placement. All references to the content of a sign shall be used only to categorize the sign relative to time, place, and manner of sign placement. It is provided that nothing in this section shall limit the city's ability to enforce prohibitions against obscenity, pornography, nudity or unlawful racial, ethnic, or gender discrimination.

(Ord. No. 5801, § 3, 9-6-16)

17.56.020 - Nonconforming uses.

The lawful use of a building existing at the time of the adoption of this chapter (October 21, 1987) may be continued even though such use does not conform with the provisions of this chapter.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classifications. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

Whenever the use of a building becomes nonconforming through a change in the zoning ordinance or district boundaries, such use may be continued; and, if no structural alterations are made, it may be changed to another nonconforming use of the same or a more restricted classification.

When a building, the use of which does not conform to the provisions of this chapter, is damaged by fire, explosion, an act of God or the public enemy, to the extent of more than sixty-five (65) percent of its fair market value, it may be restored only on the issuance of a variance by the board of adjustment as set forth in Section 17.64.030.

In the event that a nonconforming use of any building or premises is discontinued, or its normal operation is stopped, for a period of two years, the use of the same shall thereafter conform to the use regulations in the district in which it is located.

A nonconforming use occupying only a portion of a 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 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. Existing buildings occupied by a nonconforming use may be extended or enlarged or structurally altered or reconstructed by, not to exceed, a fifty (50) percent increase in the cubical volume of the building as of the effective date of this title or the effective date of any subsequent amendments or changes as a result of which a building becomes nonconforming; provided that all height and area regulations are observed in any such extension or enlargement or alteration.

The actual ground space occupied by a nonconforming use with which no building is associated may be expanded by up to fifty (50) percent if a special use permit therefor is granted in accordance with Section 17.56.030; provided, that both the existing area occupied by the use and expanded area requested are described by a survey, a metes and bounds description or a plat sufficient to accurately describe the boundaries of the existing use and proposed expansion.

The actual ground space occupied by a nonconforming use that has an associated building may also be expanded by up to fifty (50) percent, in accordance with the provisions of subsection H of this section, either separately or in conjunction with an enlargement of the nonconforming building in accordance with the provisions of subsection G of this section.

Any mobilehome located in a district other than a mobilehome 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 mobilehome with a newer or improved model mobilehome by an owner occupying the existing mobilehome under the provisions of the special use regulations of Section 17.56.030 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 mobilehome for a period of no less than twelve (12) months preceding the filing of the application for the special use permit required hereunder.

(Prior code § 29-19)

17.56.030 - Special use regulations.

Subject to the provisions of this section, the board of aldermen of the city may, after a public hearing before the board of aldermen, and after study and report by the city planning and zoning commission, authorize the special uses enumerated in this section in any district as qualified in this chapter from which such uses are otherwise prohibited based on whether such building or use will:

Substantially increase traffic hazards or congestion;

Adversely affect the character of the neighborhood;

Substantially increase fire hazards;

Adversely affect the general welfare of the community;

Overtax public utilities;

Be in conflict with the city's comprehensive plan.

If the board's findings should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the board of aldermen may impose, and the planning and zoning commission may recommend, appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the requirements of this zoning ordinance and to protect adjacent property and conserve values.

Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Section 17.64.040.

The following special uses are authorized, providing they comply with all the regulations set forth in this title for the district in which such use is located:

All uses for which special use permits are required by other sections of this title;

Child- or day-care center, or nursery school, or in an R-1, R-2, R-3, R-4, R-5, C-1, C-2 or C-3 district;

Public schools, or private schools having a curriculum similar to public schools, in an R-1 or R-2 district;

Churches and similar places of worship, including Sunday schools, in an R-1 or R-2 district;

Fraternal organizations and other private clubs in an R-1 or R-2 district;

Certain home occupations under special conditions (see Section 17.04.020, Definitions) in an R-1, R-2, R-3, R-4, R-5, or C-1 district;

Hospitals and institutions of an educational, religions, charitable or philanthropic nature in an R-1 or R-2 district;

Cemeteries and mausoleums in any R or C district;

Hospital or medical clinic in an R-5 or C-1 district;

10.

Any C-2 use in an R-5 district;

11.

Any R-5 use in an MH district;

12.

Single-family, two-family and multiple-family dwelling in a C-1 district;

13.

Automobile service or gasoline filling station in a C-1 district;

14.

Wholesale or distributing establishment, or warehouse, or wholesale market in a C-2 district;

15.

Petroleum product storage in an I-1 district;

16.

Any C-2 nonresidential use in an I-1 district;

17.

Farming and associated agricultural uses in an I-2 district;

18.

Certain heavy industrial uses in an I-2 or I-3 district (see Chapters 17.40 and 17.44, I-2 and I-3 district regulations);

19.

Wholesale merchandising in an I-3 district;

20.

Public works buildings, public utility service yards and electrical substations in an I-3 district;

21.

Replacement of a nonconforming mobilehome with a newer or improved mobilehome by an owner occupying the existing mobilehome (see Section 17.56.020, Nonconforming uses);

22.

Single mobilehomes in any district for emergency and temporary use only;

23.

Greenhouse or nursery in an R-1, C-1 or C-2 district;

24.

Commercial, recreational or amusement development for temporary or seasonal periods only;

25.

Commercial radio or television tower or broadcasting station;

26.

Riding stables, including "hobby" stables, in residential or C districts;

27.

Removal of gravel, topsoil or similar natural materials, with safeguards for the protection of adjoining property and the community as a whole;

28.

Buildings in excess of the height and story requirements set forth in Sections 17.52.010 through 17.52.060;

29.

Parking lots on land in R districts, within three hundred (300) feet from the boundary of any C or I district, provided the following standards are met:

Ingress and egress to such lot shall be from a street directly serving the commercial, business or industrial district.

No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas.

No structures shall be erected on the parking area except as provided for under subsection (29)(g) of this section.

No sign shall be erected on the parking area, except as approved by the board of aldermen.

Parking areas shall be used for the parking of patrons using private passenger vehicles only, and no charge shall be made for parking within such premises.

The parking shall be set back in conformity with the established or required yards for residential uses; and, where a parking area adjoins a dwelling use, it shall have a minimum side yard of ten feet.

The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris;

30.

Bed and breakfast dwellings in an R-2, R-3, R-4, R-5, or C district;

31.

Commercial radio, television or telecommunication towers in a C-2 or I district with special use permit only;

32.

Private radio, television or telecommunication towers in R districts in excess of sixty (60) feet with special use permit only.

(Ord. 4616 § 2, 2005; Ord. 3801 § 1, 1998; Ord. 3638 § 5, 1998; prior code § 29-20)

(Ord. No. 5235, §§ 23—29, 6-21-11)

17.56.035 - Succession of special use permits.

A special use permit issued to an applicant under Section 17.56.030 for a specific location may be transferred. If the holder of a special use permit transfers the real estate, the special use permit shall remain with the real estate. However, if the special use is discontinued for more than sixty (60) days or the new owner of the real estate uses the real estate for an activity not authorized by the special use permit, then the special use permit shall be void and the owner of the real estate must apply for a new special use permit.

(Ord. No. 6277, § 1, 6-16-20)

17.56.040 - Community unit plan.

The owner of any tract of land may request a special use permit for the use of and development of such tract for residential or for residential in combination with shopping center uses, as set forth in the regulations for planned commercial districts in Chapter 17.36. The proposed development plan shall be referred to the planning and zoning commission for study and report. The report of the planning and zoning commission shall include specific evidence and facts relating the conditions and approval enumerated in this section.

Approval by the board of aldermen shall be coordinated upon specific findings that the proposed community unit plan meets the following conditions:

That the proposed development of any C-4 planned commercial district included as a part of the plan complies with the regulations for those districts as set forth in Chapter 17.36.

That the buildings located in the area, other than those within a C-4 district, shall be used only for single-family dwellings, two-family dwellings or multiple-family dwellings and the usual accessory uses, such as private parking or parking garages and storage space, or for community activities, including churches and schools.

That the average lot area per family contained in the site, exclusive of any area within a C-4 district or occupied by streets, will not be less than the lot area per family required in the district in which the development is located.

That the area is adaptable to complete community development, being bounded by major thoroughfares, streets, railroads or other external barriers, and insofar as possible without a major thoroughfare extending through the project, or any other physical feature which would tend to impair the neighborhood or community cohesiveness.

That the plan will provide for the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas.

That no more than twenty-five (25) percent of the gross area of the project will be devoted to a C-4 district, and that no more than fifty (50) percent of the gross area of the project located within the R-1 or R-2 district will be devoted to multiple-family dwellings.

That sufficient area is reserved for recreational and educational facilities to meet the needs of the anticipated population, or as designated by the city's comprehensive plan.

That property adjacent to the area included in the plan will not be adversely affected; and to this end, the board of aldermen may require, in the absence of any appropriate physical barrier, that uses of least intensity or a buffer of open space or screening will be arranged along the borders of the project.

That the plan is consistent with the intent and purpose of this title to promote public health, safety, morals and general welfare.

If the board of aldermen approves the plan, building permits may be issued, even though the use of the land and the location and height of the buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.

An application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the zoning district or districts in which such site lies.

A special use permit shall automatically expire upon the failure to develop the use of the land for which the special use permit has been issued, if the use is not substantially developed within two years after the permit has been issued.

(Prior code § 29-21)

(Ord. No. 5235, § 30, 6-21-11)