Richmond Heights City Zoning Code
ARTICLE V
Supplementary District Regulations
Section 405.270 General Use Regulations.
[Ord. No. 4238 §2(401.0), 10-3-1988; Ord. No. 4274 §4, 6-5-1989; Ord. No. 4313 §1, 3-5-1990; Ord. No. 4363 §1, 9-17-1990; Ord. No. 4521 §§1 — 2, 11-15-1993; Ord. No. 4822 §2, 6-17-2002; Ord. No. 4890 §1, 3-1-2004; Ord. No. 5018 §1, 4-16-2007; Ord. No. 5533, 4-1-2024]
A.
Access. Every structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located as to provide safe and convenient access for servicing, fire protection and required off-street parking and loading.
1.
Access To Business Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district; provided, however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as part of a planned district development.
2.
Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
B.
Bulk And Area Exceptions.
1.
Structural Projections. Chimneys, cooling towers, elevator headhouses, church steeples, radio, television and microwave transmission towers, or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations, except that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%), except as indicated below.
a.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed and reviewed in accordance with Article X of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
b.
Radio, television and microwave transmission towers shall only be permitted upon sites located within the "C" and "PD" zoning districts.
c.
Mechanical equipment or other utility hardware on the roof of or ground surrounding buildings shall be screened from public view with materials complementary to the building, or it shall be located so as not to be visible from any public way.
3.
Every part of the required yard shall be open to the sky and unobstructed except for accessory buildings in the rear yard, terraces, lawn sculpture, cornices and ornamental features, and fences. However, no fence may be erected in any required front yard, as herein defined, except that the Building Commissioner may grant a permit for the erection of a front yard fence on a corner lot subject to all the following provisions:
a.
Fences located within any required front yard shall not exceed forty-eight (48) inches in height, as measured from the topmost point thereof to the ground adjacent to the fence.
b.
At least forty percent (40%) of the area of said fence shall be open as viewed on any line perpendicular to the vertical plane of the fence.
c.
No front yard fence shall be erected within ten (10) feet of the front property line.
Exception: A front yard fence with at least seventy percent (70%) of said fence open as viewed on any line perpendicular to the vertical plane of the fence shall not be erected within five (5) feet of a front property line.
d.
No wire or steel mesh wire fencing or chain link fencing may be used in any manner as part of the fence in the required front yard.
e.
No fence exceeding forty-eight (48) inches in height shall be erected on any part of a lot in front of the front line of the main building or in either front yard of lots having a double frontage.
f.
Within thirty (30) feet of an intersection of two (2) or more streets, fences, hedges or other vegetation which do not exceed two (2) feet in height may be built or planted, provided they do not, in the opinion of the Traffic Committee, obstruct vision of the operators of vehicles or pedestrians.
g.
All fences shall be erected and continuously maintained in accordance with the provisions of the Building Code and this Code.
h.
In residential areas having through lots facing streets to both front and rear and where seventy-five percent (75%) or more of the existing dwellings have observed a uniform building orientation, fences may be erected on their rear property lines in accordance with Section 505.150 of this Code, provided that no such fence shall be allowed to obstruct clear vision of vehicular traffic at intersections regardless of boundary line location and may not exceed six (6) feet in height in any case.
i.
In commercial areas having through lots facing streets to both front and rear and where seventy-five percent (75%) or more of the existing buildings have observed a uniform building orientation, fences may be erected on their rear property lines in accordance with Section 505.150 of this Code, provide that no such fence shall be allowed to obstruct clear vision of vehicular traffic at intersections regardless of boundary line location and may not exceed eight (8) feet in height in any case.
4.
Open or lattice-enclosed fire escapes, fireproof outside stairways, unenclosed porches, marquees, and balconies opening upon fire towers projecting into a yard not more than five (5) feet, and the ordinary projections of chimneys and flues may be permitted by the Building Commissioner when placed so as not to obstruct light and ventilation.
5.
An open unenclosed porch may project from the main building into a front yard for a distance not exceeding ten (10) feet.
6.
A mechanical air condensing unit may be placed in a required side yard provided the unit size is of six (6) tons or less and the unit discharges the air to the top. The unit shall be screened from the view of the public right-of-way.
7.
Any exterior mounted satellite dish-type antenna used to receive or transmit television, radio or other electronic signals shall be subject to the following requirements and shall be permitted only upon compliance with them:
a.
Definition. As used herein, the term "satellite dish-type antenna" shall mean any device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, cornucopia or flat plate, which is used or may be used to receive or transmit television signals, radio or electromagnetic waves between terrestrially and/or orbitally based units. This definition, is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, satellite receivers, satellite discs, satellite dishes, direct broadcast systems (DBSs), television reception only systems (TVROs), and satellite microwave antennas.
b.
Building Permit Requirements. A building permit shall be required for any satellite dish-type antenna, and such permit shall conform to the following standards and criteria:
(1)
No such antenna may be erected or maintained which is larger than six (6) feet in any linear dimension or which has any part more than eight (8) feet in height above ground level.
(2)
No more than one (1) such antenna may be located upon any building lot, except for commercial and industrial lots in the "C," "PD-MxD" and "PD-C" Districts.
(3)
In any residential zones, the antenna installation shall be ground mounted and shall be located only in the buildable area of a rear yard of a lot and not in the required setback areas of the lot, and in no case closer than eight (8) feet from any property line. In the case of the "R-4" High Density Multi-Family District, one (1) master receiving antenna may be permitted to service the entire development at any location subject to the approval of the City Council. Roof-mounting of antennas shall be permitted upon commercial and industrial buildings within the "C" Commercial District and the "PD" Planned Development District, provided that such antennas are placed in such a fashion as not to be visible from surrounding properties or the street, and that they are not to be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.
(4)
No solid surface shall be allowed for an antenna located in a residential zone; all satellite dish-type antennas in such zones shall be made of open-mesh material.
(5)
All satellite dish-type antennas shall be a neutral color. For purposes of this Subsection, black and gray shall be considered neutral colors; and other colors may be considered neutral colors if they blend with surrounding dominant colors so as to help camouflage the antenna and are neither bright nor metallic.
(6)
All satellite dish-type antennas shall be screened from view from the public and private streets or otherwise located on the building lot area in such a manner as to eliminate their visibility from the public and private streets. Screening materials may consist of such items as walls, fences, buildings, mature plant materials or earth berms, if and to the extent such items are otherwise permitted under this Chapter. Screening shall not be required to the extent it would block incoming reception or outgoing transmission signals from the antenna in question.
(7)
No advertising in any form shall be permitted on any part of the satellite dish-type antenna, except for a six (6) inch square displaying the manufacturer's or distributor's company name; such square are may not be on the concave side nor on the upper fifty percent (50%) of the convex side of the antenna.
c.
Construction Requirements. All satellite dish-type antennas shall be constructed in accordance with the following requirements:
(1)
All structural supports shall be of galvanized metal.
(2)
Wiring between the antenna and a receiver shall be placed at least four (4) inches beneath the surface of the ground within rigid conduit.
(3)
All antennas shall be designed to withstand a wind force of eighty-five (85) miles per hour without the use of any supporting guy wires.
(4)
Any driving motor shall be limited to one hundred ten (110) volts maximum power design and shall be encased in protective guards.
(5)
All antennas shall be bonded to a ground rod.
d.
Application Requirements. The application for a building permit and satellite dish approval pursuant hereto shall include a dimensioned site plan depicting the proposed location, adjacent properties, screening provisions, and the manufacturer's and installer's installation requirements and product specifications; a drawing or picture of the proposed antenna with all its pertinent dimensions; and a drawing of the proposed method of installation, including footings and base supports. The building permit official for the City may require any additional information from the applicant which would assist in determining visual intrusion, signal reception or transmission requirements and structural safety.
e.
Additional Requirements. In addition to the aforementioned construction performance standards, the construction and installation of each satellite dish-type antenna shall conform to all requirements of the City of Richmond Heights's adopted Building and Electrical Codes.
f.
Variances For Signal Requirements. Applicants may request variances from the requirements of this Chapter where and to the extent necessary to obtain reasonable satellite signal transmission or reception. Said request for variances shall be heard by an administrative review board consisting of the Building Commissioner, Zoning Administrator and City Manager. Applicants shall submit any information required by the administrative review board to substantiate the need for a variance.
C.
Visibility At Intersections. On a corner lot in any district, development shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points thirty (30) feet from their point of intersection or at equivalent points on private streets, except that the sight triangle shall be increased for certain uses when deemed necessary for traffic safety by the City Council.
D.
General Bulk Regulations.
1.
Continued Conformity. No legally required yards, courts, other open space or minimum lot area allocated to any structure shall, by virtue of change of ownership or for any other reason, be used to satisfy yards, courts, legally required parking areas, other open spaces or minimum lot area requirements for any other structure, and there shall be no permitted obstructions in required yards except as otherwise set forth herein.
2.
Division Of Real Property.
a.
No lot unimproved or improved with a structure or structures shall hereafter be subdivided into two (2) or more lots and no portion of any lot which is unimproved or improved with a structure or structures shall be sold unless all lots resulting from each such subdivision meet one (1) of the two (2) following criteria:
b.
All subdivided lots shall be appropriately recorded plats as required by St. Louis County.
3.
Required Yards For Existing Structures. No yards now or hereafter provided for a structure existing on the effective date of this Chapter (October 3, 1988) shall subsequently be reduced below the minimum yard requirements of this Chapter for equivalent new construction. If already less than such yard requirements, it shall not be further reduced.
4.
Commercial/Industrial Rear Yards. No rear yard shall be required in "C-1" Zoning District or any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
E.
Fire Protection Requirements. Each permitted use shall have a hydrant located within three hundred (300) feet of the lot line sufficient to deliver water for fire protection.
Section 405.280 Accessory Uses.
[Ord. No. 4238 §2(402.0), 10-3-1988; Ord. No. 4274 §5, 6-5-1989; Ord. No. 4335 §1, 6-4-1990; Ord. No. 4363 §2, 9-17-1990; Ord. No. 4458 §§1 — 2, 9-21-1992; Ord. No. 5297 §1, 8-3-2015; Ord. No. 5533, 4-1-2024]
A.
Authorization. Accessory uses are permitted in any zoning district in connection with a principal permitted use.
B.
Permitted Accessory Uses. A permitted accessory use is any use or structure which complies with the definition in Article II, including but not limited to the following typical uses:
1.
Private garages or carport.
2.
Off-street parking and loading spaces as required by Article VI and any additional off-street parking or loading spaces which are devoted exclusively to the principal use or activity, unless specifically prohibited under Subsection (C) of this Section, except that no residentially zoned property without a residence shall be used for parking.
3.
A structure for storage incidental to a permitted use (limited to a floor area equivalent to ten percent (10%) of the floor area of the use to which it is necessary).
4.
A child's playhouse.
5.
Greenhouses.
6.
Swimming pool.
7.
Tennis court.
C.
Specifically Prohibited Uses.
1.
It shall be unlawful for any person, firm or corporation to occupy or use any land, building or part thereof for any accessory use which is specifically prohibited herein.
2.
The following are specifically prohibited accessory uses:
a.
Repair or service of any motor vehicle in any residential zoning district unless the activities are confined within a completely enclosed building or unless the repairs are limited to those defined herein as motor vehicle maintenance and are fully completed within a period of twenty-four (24) hours or less; provided, that all such repairs shall be limited to the vehicles of the resident or residents living within the principal building.
b.
Open storage of major recreational equipment, which must be stored behind the building line, shall be limited to no more than a total of two (2) such pieces of equipment, provided neither shall be longer than twenty (20) feet, as reflected on the State registration of such equipment. If one (1) such piece of equipment is longer than twenty (20) feet, open storage of only one (1) such piece of equipment shall be allowed, but in no event shall any such piece of equipment exceed thirty-two (32) feet in length.
c.
An accessory use shall not be used for living, sleeping or housekeeping purposes.
D.
Bulk Regulations.
1.
Accessory structures and uses shall be set back at least five (5) feet from the rear lot line and at least five (5) feet from the main building.
2.
Accessory structures and uses shall maintain the same side yard as is required for the principal structure located on the zoning lot, except that off-street parking, fences and walls may be located in required side yards.
3.
On lots having a width of fifty (50) or less, a detached garage and/or storage building may encroach into the legal side yard, provided the point of said garage and/or storage building nearest to the closest dwelling unit on an adjacent lot maintains the distance required in the following table and provided that no part of the proposed garage and/or storage building shall encroach on an existing utility easement:
All "R-1" Districts | 24 feet |
All "R-2" Districts | 16 feet |
All "R-3" Districts | 12 feet |
4.
Accessory structures and uses shall otherwise comply with the bulk regulations applicable to the district in which they are located.
5.
Except for garages and swimming pools, no accessory building or structure shall be larger in total area than ten percent (10%) of the total rear yard area.
6.
In no event shall the total square footage of accessory structures, including detached garages, but excluding swimming pools, exceed twenty-five percent (25%) of the total rear yard area.
7.
Accessory buildings or structures may not exceed one and one-half (1 ½) stories or sixteen (16) feet in height in all dwelling districts, but shall not exceed the height of the main structure(s). The height shall be determined by measuring from the grade level to the bottom of a flat roof or to the bottom of the rafters of a pitched roof.
8.
Swimming pools may be of any size but shall not encroach into any side yard.
9.
At least fifty-five percent (55%) of the required front yard area and twenty-five percent (25%) of the required rear yard shall be permeable and landscaped, which landscaping shall consist of living trees, shrubbery, grass, flowers and/or ground cover. Property with a front entry garage and paved driveway leading to it may have additional non-permeable surface, provided that at least forty percent (40%) of the required front yard is permeable and landscaped.
E.
Use Limitations. All accessory structures and uses shall comply with the use limitations applicable to the zoning district in which they are located and with the following additional use limitations:
1.
No accessory structure shall be occupied prior to the time of the completion of the construction of the principal structure to which it is accessory except as a temporary construction facility during construction of the principal building.
2.
No accessory structure shall be permitted in a front yard in any residential district. In residential areas having through lots facing streets to both front and rear and where seventy-five percent (75%) or more of the existing dwellings have observed a uniform building orientation, accessory structures may be erected in the secondary front yard, that which is being used as the rear yard. All other regulations for accessory uses shall be observed.
Section 405.290 Home Occupations.
[Ord. No. 4238 §2(403.0), 10-3-1988]
A.
Authorization. Any home occupation which is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit; provided that any necessary permit has been issued.
B.
Use Limitations. In addition to all use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with all the following provisions:
1.
The business shall not employ persons other than members of the family residing on the premises.
2.
No more than twenty-five percent (25%) of the total enclosed floor area, excluding accessory uses, may be used for such business including basement, garage or attic spaces of a dwelling unit.
3.
No alteration of a principal residential structure shall be made to accommodate a home occupation which changes the character thereof as a dwelling.
4.
No mechanical equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the residential structure.
5.
There shall be no warehousing or exterior storage of equipment.
6.
No signs shall be allowed for permitted home occupations.
7.
Home occupations shall be permitted for the individual occupying a dwelling as his/her residence.
C.
Permitted Home Occupations. Customary home occupations include, but are not limited to, the following list of occupations, provided however, that each listed occupation shall be subject to the limitations of Section 405.370.
1.
Dressmakers, seamstresses, tailors.
2.
Teachers, provided that instructions shall be limited to one (1) pupil at a time.
3.
Artists, sculptors, authors or composers.
4.
Office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions.
5.
Office or study of ministers, rabbis or priests.
6.
Office facilities for salesmen, sales representatives, manufacturers' representatives, when no retail or wholesale sales are made or transacted on the premises.
7.
Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment be used or employed other than that which would customarily be found in a home. Machinery or equipment which would customarily be found in the home shall include machinery or equipment which would customarily be employed in connection with a hobby or a vocation not conducted for gain or profit.
8.
Nursery schools and day care centers with four (4) children or less.
9.
Office facilities for independent contractors subject to no outside storage of supplies or equipment.