Rock Hill City Zoning Code
ARTICLE I
In General
Section 405.005 Purpose And Intent.
[Ord. No. 2020, 4-5-2022]
A.
The purpose of the City of Rock Hill Zoning Code is to promote and protect the public health, safety, and general welfare of the present and future residents of and visitors to Rock Hill in accordance with the Comprehensive Plan by:
1.
Dividing the City into districts and regulating the use and intensity of use of the land, buildings, and surrounding open space;
2.
Controlling and regulating growth and development to ensure adequate transportation, parking, utility services and other public requirements;
3.
Providing standards for lot size, building height, density, and setbacks to assure compatibility of properties within a district and the regulated growth of uses throughout the City;
4.
Providing adequate open space for privacy, light, air, and greenspace;
5.
Providing protection against fire, flood, and other dangers;
6.
Protecting the quality of the environment from nuisances associated with certain uses or constructions;
7.
Providing for increased regulation of uses and flexibility of certain requirements through the special use permit and planned development provisions;
8.
Conserving and enhancing the value of property;
9.
Protecting residential, commercial and industrial areas from harmful encroachment by incompatible uses; and
10.
Providing regulations, standards, and procedures for the administration, amendment, and enforcement of the City of Rock Hill Zoning Code.
Section 405.010 Definitions.
[CC 1970 §33-1; Ord. No. 465 Art. 1, 3-15-1955; Ord. No. 830 §1, 7-2-1974; Ord. No. 1367 §1, 1-6-1998; Ord. No. 1470 §1, 9-17-2002; Ord. No. 1471 §2, 11-5-2002; Ord. No. 1661 §1, 7-15-2008; Ord. No. 1685 §1, 9-1-2009; Ord. No. 1746 §2, 3-21-2012]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section unless a contrary intention clearly applies. Words and phrases that are not defined shall be given their usual meaning except where the context clearly indicates a different or specific meaning. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "premises" shall include the word "structure" and "building"; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be occupied"; the word "lot" includes the word "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be defined by reference to any standard English dictionary.
A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.
An establishment having ten percent (10%) or more of its stock in trade in books, photographs, magazines, films for sale or viewing on or off the premises by use of motion picture devices, video players, DVD players, computers or coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sex or sexual activity or the principal purpose of which is to sexually stimulate or sexually arouse the patron viewer or reader.
Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes, DVDs or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sexual activities, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape, DVD or film presentation) where the patrons either:
Engage in personal contact with, or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
Observe any live presentation, video tape, DVD or film presentation of persons wholly or partially nude, unless otherwise prohibited by ordinance, with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as that term is defined in Section 605.010.
A public or private thoroughfare which affords a secondary means of access to property abutting thereon.
A business engaged in providing short-term or small loans to the public, including, but not limited to, small loan companies operating pursuant to Sections 367.100 through 367.215, RSMo., payday lenders operating pursuant to Sections 408.500 through 408.506, RSMo., consumer installment lenders operating pursuant to Section 408.510, RSMo., title lenders operating pursuant to Sections 367.500 through 367.533, RSMo., and any business which offers these or substantially similar services. This definition shall not include:
A State or Federally chartered bank, savings association or credit union that is insured by the Federal Deposit Insurance Corporation or similar Federal or State insurance;
Pawnbrokers operating in conformity with this Municipal Code; or
Establishments selling consumer goods, including consumables, where the cashing of checks or money orders is clearly incidental to the main purpose of the business.
A room or suite of rooms in a multiple dwelling, or where more than one (1) living unit is established above non-residential uses, intended or designed for use as a residence by a single family including culinary accommodations.
See "DWELLING, MULTIPLE".
An entity that is licensed or chartered by an agency of the United States or a State of the United States as a bank, savings bank, trust company, savings and loan association, or credit union. The term bank does not include "Alternative Financial Services".
A story having part but not more than one-half (½) its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
A building, other than a hotel, where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for five (5) or more persons but not exceeding twenty (20) persons.
A restaurant that brews beer as an accessory use for on-site consumption and retail sales at the restaurant.
[Ord. No. 2031, 1-17-2023]
An area separating two (2) or more land uses from one another.
That part of the lot remaining to be built upon after provision of all required front, side and rear yards setbacks are considered.
Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building.
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
A building used primarily to wash automobiles or trucks.
A story having more than one-half (½) its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
A child care facility, as defined by Section 210.201, RSMo., or its successor provisions, that is licensed by the State of Missouri.
[Ord. No. 1981, 5-21-2019; Ord. No. 2034, 3-21-2023]
A permanent building primarily and regularly used as a place of religious worship.
[Ord. No. 2034, 3-21-2023]
A shop for sale of goods or merchandise where the seller takes a fee from the owner of the goods or merchandise.
A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of uses are uniform.
Any building or portion thereof which is designed and used exclusively for residential purposes.
A building or portion thereof having accommodations for or occupied by more than two (2) families.
A detached building having accommodations for or occupied exclusively by one (1) family.
A detached or semi-detached building having accommodations for and occupied exclusively by two (2) families.
One (1) or more persons occupying a dwelling and maintaining a common household therein, all of whom, or no more than two (2) of whom, excluding servants, are related to each other by birth, adoption or marriage. This definition includes group homes and otherwise excludes the occupation of a dwelling by one (1) or more persons where meals or lodging are made available in exchange for payment therefor.
[Ord. No. 1840 § 1, 3-15-2016]
An artificially constructed barrier of wood, masonry, stone, metal or other manufactured material or combination of materials erected to enclose, screen or separate areas.
Any building or premises used for the dispensing, sale or offering for sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
See "LOT, FLAG".
All the property on one (1) side of a street or place between two (2) intersecting streets or places, crossing or terminating, measured along the line of the street or place, or if the street or place is dead ended, then all of the property abutting on one (1) side between an intersecting street or place and the dead end of the street or place.
An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
A building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.
Any building or premises used for housing only of motor-driven vehicles other than trucks or commercial vehicles, pursuant to previous arrangement and not to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the City Engineer. |
A Group Home For Foster Care or a Group Home For The Mentally Or Physically Handicapped.
[Ord. No. 1840 § 1, 3-15-2016]
Shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
Shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate not more than one (1) foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, there is no commodity sold upon the premises, except that which is prepared on the premises, no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. No commercial vehicle used in connection with a home occupation shall be stored or parked except within a private garage. Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment, but not for the general practice of his/her profession.
A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boarding house, a lodging house or an apartment which are herein separately defined.[1]
A building occupied by a non-profit corporation or a non-profit establishment for public use.
A building or place where lodging is provided, or which is equipped regularly to provide lodging, by prearrangement for definite periods, for compensation, for five (5) or not more than twenty (20) persons in contradistinction to hotels open to transients.
A parcel of land occupied or intended for occupancy by use permitted in this Chapter including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
A lot located behind another lot with no direct access to the street other than a driveway or other narrow corridor.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
A lot which is a part of a subdivision, a map of which has been recorded in the office of the Recorder of the County; or a parcel of land, the deed to which was recorded in the office of the County Recorder prior to March 15, 1955.
Any equipment, product, material, or combination thereof which is designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
[Ord. No. 2034, 3-21-2023]
A facility licensed by the State of Missouri to acquire, process, package, store (on-site or off-site), sell, transport (to or from), and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and marijuana accessories to any consumer authorized by and in accordance with applicable law and regulations. A marijuana dispensary facility may dispense marijuana products for medical purposes, recreational purposes, or both, to persons at least twenty-one (21) years of age for consumption and use as permitted by law.
[Ord. No. 2034, 3-21-2023]
Any marijuana cultivation facility, marijuana dispensary facility, marijuana testing facility, marijuana-infused products manufacturing facility, marijuana microbusiness facility, or any other type of marijuana-related facility or business licensed or certified by the State of Missouri pursuant to Article XIV of the Missouri Constitution.
[Ord. No. 2034, 3-21-2023]
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana or marihuana do not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.[2]
[Ord. No. 1981, 5-21-2019; Ord. No. 2034, 3-21-2023]
Marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products (including infused prerolls), marijuana accessories, and any other marijuana product defined and permitted by law.
[Ord. No. 2034, 3-21-2023]
An establishment which has a fixed place of business having a source of income or compensation which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that is reasonably expected that the person to whom the treatment is provided or some person on his/her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment defined in this Code or operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.[3]
A business whose primary activity is the brewing and selling of beer for both on-premises and off-premises consumption, may include a bar and/or restaurant, and has an annual production of ten thousand (10,000) barrels or less.
[Ord. No. 2031, 1-17-2023]
A business whose primary activity is the fermenting or distilling of wine or spirits and selling those beverages for both on-premises and off-premises consumption, may include a bar and/or restaurant, and has an annual production of three hundred thousand (300,000) gallons or less.
[Ord. No. 2031, 1-17-2023]
An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools in which persons are enrolled in a class.
Any building or land lawfully occupied by a use on March 15, 1955, which does not conform after such date or amendment to this Chapter with the use regulations of the district in which it is situated.
Any place, lot, parcel or other street level property used in whole or in part for parking of four (4) or more vehicles.
An area, enclosed or unenclosed, of sufficient size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than one hundred seventy (170) square feet, exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.
An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.
An open unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
A place promoting research and development of products.
A restaurant that ferments or distills beverages as an accessory use for on-site consumption and retail sales at the restaurant.
[Ord. No. 2031, 1-17-2023]
A building housing elderly or retired persons without nursing assistance.
See "LODGING HOUSE".
Any device used to visually shield or obscure an abutting or nearby use or structure from another by fencing, walls, berms or densely planted vegetation.
A facility designed for the storage of personal property which allows for owner access to such property.
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with or by the occupants of the floor below.
All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easement therefor.
A dividing line between a lot, tract or parcel of land and a contiguous street.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, except such alterations as may be required for the safety of the building.
Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.
An establishment wherein one (1) or more types of secondhand articles are sold, such as clothing, shoes, furniture and other assorted items, the value of which is only a small fraction of the original cost, for which price guides are not available, and which normally have no collectible or antique value. This term shall not apply to businesses which sell primarily new goods and which occasionally sell secondhand articles as a result of trade-ins or unclaimed merchandise.
Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car. For the purposes of this Chapter, a trailer is a single-family dwelling and shall conform to all regulations therefor.
An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, unenclosed balconies or unenclosed porches.
A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the lot and extending from the front lot line to the rear yard line.
The person designated by this Code to administer the provisions of this Code.
The Zoning Commission of the City of Rock Hill.
Any section of the City for which regulations governing the use, height and area of buildings and property are uniform.
[1]
Editor's Note: The former definition of "house of worship," which immediately followed this definition, was repealed 3-21-2023 by Ord. No. 2034. Prior history includes Ord. No. 1981.
[2]
Editor's Note: The former definition of "marijuana-infused products," which immediately followed this definition, was repealed 3-21-2023 by Ord. No. 2034. Prior history includes Ord. No. 1981.
[3]
Editor's Note: The former definitions of "medical marijuana cultivation facility," "medical marijuana dispensary facility," "medical marijuana-infused products manufacturing facility," and "medical marijuana testing facility," which immediately followed this definition, were repealed 3-21-2023 by Ord. No. 2034. Prior history includes Ord. No. 1981.
Section 405.020 Compliance With Chapter.
[CC 1970 §33-2; Ord. No. 465 Art. 2 §5, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
A.
Except as hereinafter provided:
1.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
2.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
3.
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
4.
The minimum yards and open spaces, including lot area per family, required by this Chapter for each and every building existing on March 15, 1955, or for any building thereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of this Chapter.
5.
Every building erected or structurally altered after March 15, 1955, shall be located on a lot and in no case shall there be more than one (1) main building on one (1) lot except as otherwise provided in this Chapter.
Section 405.030 Districts Enumerated.
[CC 1970 §33-3; Ord. No. 465 Art. 2 §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
In order to classify, regulate and restrict the locations of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; and to regulate and determine the area of yards, courts and other open spaces within and surrounding buildings, the City is hereby divided into Districts of which there shall be nine (9) in number known as:
"A" Residence District.
"B" Residence District.
"C" Commercial District.
"C-1" Commercial District.
"C-2" Planned Commercial District.
"G" Government District.
"PD" Planned Development District.
"D" Business District.
"E" Industrial District.
Section 405.040 District Map.
[CC 1970 §33-4; Ord. No. 465 Art. 2 §2, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
The boundaries of zoning districts are shown upon the map which is made a part of this Chapter, which map is designated as the "District Map". The District Map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which District Map is properly attested and is on file with the City Clerk.
Section 405.050 Interpretation of District Boundaries.
[CC 1970 §33-5; Ord. No. 465 Art. XIV §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
A.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map accompanying and made a part of this Chapter, the following rules apply:
1.
The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
2.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the District Map accompanying and made a part of this Chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
3.
In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Chapter shall be determined by use of the scale appearing on the map.
Section 405.060 Zoning of Vacated Streets, Alleys, Etc.
[CC 1970 §33-6; Ord. No. 465 Art. 2 §3, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the centerline of such vacated property and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.
Section 405.070 Zoning of Annexed Territory.
[CC 1970 §33-7; Ord. No. 465 Art. 2 §4, 3-15-1955]
All territory which may hereafter be annexed to the City shall be immediately placed and continued in the "A" Residence District until otherwise changed by ordinance.
Section 405.080 Special Use Permits.
[CC 1970 §33-8; Ord. No. 465 Art. 9 §1, 3-15-1955; Ord. No. 793 §1, 2-20-1973; Ord. No. 1193 §1, 12-18-1990; Ord. No. 1347 §1, 1-7-1997; Ord. No. 1367 §2, 1-6-1998; Ord. No. 1470 §1, 9-17-2002; Ord. No. 1471 §2, 11-5-2002; Ord. No. 1661 §2, 7-15-2008; Ord. No. 1699 §2, 3-22-2010; Ord. No. 1725 §1, 6-23-2011; Ord. No. 1746 §3, 3-21-2012; Ord. No. 1840 § 3, 3-15-2016; Ord. No. 1981, 5-21-2019; Ord. No. 2035, 3-21-2023]
A.
Generally.
1.
The purpose of special use permits is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the City may decide to permit, reject or permit conditionally the use for which the special use permit is sought.
2.
The Board of Aldermen may authorize by ordinance, under prescribed conditions, the construction or undertaking of any special use listed in Section 405.080(B); however, the City reserves full authority to deny any request for a special use, to impose conditions on the use or to revoke approval at any time upon a finding that the permitted special use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
3.
An application for a special use permit may be filed by the owner of the subject property or any person with a financial, contractual or proprietary interest in the subject property who also submits the owner's consent to the application.
B.
Uses.
1.
Any public building erected or used by any department of the City, school district, County, State or Federal Government.
2.
Used car lots in the "C" Commercial District, "D" Business District and "E" Industrial District when incidental and secondary to a new car agency or when all inventory will be stored indoors.
3.
Hospitals, clinics and institutions, including educational, religious and philanthropic institutions and convalescent homes; provided that such buildings occupy not more than twenty-five percent (25%) of the total area of the lot and will not have any serious and depreciating effect upon the value of the surrounding property; and provided, further, that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.
4.
Community building or recreation field.
5.
Helicopter landing field.
6.
Greenhouses and nurseries for the propagation and cultivation of plants, excluding marijuana; provided that any structures shall be not less than one hundred (100) feet from all property lines.
7.
Roadside stands and recreational activities for temporary or seasonal periods.
8.
Parking lots on land not more than three hundred (300) feet from the boundary of any commercial or industrial district.
9.
Nursery schools.
10.
Other uses of the same general character as those listed in a particular district.
12.
In the "C" Commercial District, a facility including buildings, structures and land for the residential or outpatient treatment of alcohol and/or other drug abuse may be allowed as a special use if the facility meets all of the following conditions:
a.
The exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other dwellings in the vicinity.
b.
A treatment facility shall not be located closer than three hundred (300) feet to any other substance abuse treatment facility.
c.
Any other condition imposed by this Code.
13.
(Reserved)
14.
Thrift stores may be allowed in the "C" Commercial District, provided that no such store shall be located within one-half (1/2) mile radius from another such store.
15.
In the case of any adult entertainment establishment or business, the following special conditions shall apply:
a.
No adult bookstore, adult entertainment facility or establishment, bathhouse or modeling studio shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, public park or any property zoned for residential use or any City boundary. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest point on any property line of the religious institution, school or public park, or the property zoned for residential use, or to the closest point of the City boundary.
b.
No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this Section. The distance between any two (2) adult entertainment establishments or between an adult entertainment establishment and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
c.
All access to and from the adult entertainment establishment shall be provided from a street classified as a public right-of-way.
d.
The property on which such use is located shall have a minimum of one hundred (100) feet of frontage on a public right-of-way.
e.
The facility on which the use is located and the parking for such facility shall have a front yard setback of thirty (30) feet, a side yard setback of six (6) feet and a rear yard setback of ten (10) feet.
f.
Off-street parking shall be provided pursuant to the City Code.
g.
All landscaping and screening requirements otherwise required by the Rock Hill City Code shall be observed.
h.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.
i.
The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per one (1) foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Said sign shall not exceed eight (8) feet in height from ground level. Further, no merchandise, symbol or pictures of products or entertainment on the premises shall be displayed in window areas or on any sign or any area where such merchandise or pictures can be viewed from the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted. No temporary signs shall be allowed.
j.
Lighting of the parking area shall conform to the requirements of the City Code.
16.
(Reserved)
C.
Application Review Procedure.
1.
The Zoning Administrator shall receive the application and determine whether it complies with all applicable submission requirements. Upon an affirmative determination, the Zoning Administrator shall promptly forward the application to the Planning and Zoning Commission. The Zoning Administrator shall also prepare a staff analysis and report in conjunction with all applications being forwarded to the Commission, and shall submit such analysis and report to the Commission, Mayor and Board of Aldermen in advance of the meeting at which the application is scheduled to be considered.
2.
The Planning and Zoning Commission shall consider the application and provide a recommendation regarding the application to the Board of Aldermen; said recommendation may include any specific development conditions.
3.
After review and recommendation by the Commission, the Board of Aldermen will hold a public hearing, in accordance with the notice requirements of rezoning, and consider the application. The Board of Aldermen will consider the effects of the proposed use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, public safety, and general welfare.
D.
Group Homes.
1.
Purpose. It is the policy of the City to comply with the Fair Housing Act and the Americans with Disabilities Act. This Section provides for requests for reasonable accommodation from the City's zoning regulations by or for persons with disabilities as required by such acts.
2. ACTS AMERICANS WITH DISABILITIES ACT, OR ADA APPLICANT DIRECTOR DISABLED PERSON FAIR HOUSING ACT
Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows:
Collectively, the Fair Housing Act (or FHA) and the Americans with Disabilities Act (or ADA).
Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and its implementing regulations, 28 CFR Part 35.
A disabled person, or an individual, group, or entity on behalf of one (1) or more disabled persons, making a request for reasonable accommodation pursuant to this Section.
The City's Zoning Compliance Office or other designee of the City Administrator.
Any person who is a "qualified individual with a disability" under the ADA or who is "handicapped" under the FHA.
The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq., as may be amended.
3.
Requesting An Accommodation.
a.
A request for an accommodation may be made orally or in writing on a form provided by the Director. If made orally, the Director shall assist the applicant in reducing the request to writing on the required form. The request shall contain:
(1)
The current zoning for the property;
(2)
The name, phone number and address of the applicant and the owner of the property, if other than the applicant;
(3)
The nature of the disability that requires the reasonable accommodation. If the individuals expected to reside at the property are not known to the applicant in advance of making the application, the applicant shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The applicant shall notify the Director if, when identified, the prospective residents are not within the range initially described. The Director shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
(4)
The specific accommodation requested by the applicant, including the number of people who are expected to be availing themselves of the accommodation, the estimated number of people in an average week who will be necessary to provide services to the person(s) with disabilities at the property on an on-going basis, whether the applicant requires any permit or license from any Federal, State, or local authority to operate, the anticipated impact the accommodation is likely to have on the adjoining properties and area, and any other information that would assist in determining the reasonableness of the accommodation; and
(5)
Whether the accommodation is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling.
b.
The Director may require the applicant to provide additional relevant and reasonable information deemed necessary for a complete accommodation application, and the Director may reasonably supplement the application as deemed appropriate.
c.
If the information provided by the applicant to the Director includes medical information of a disabled person, including records indicating the medical condition, diagnosis or medical history, the applicant may, at the time of submitting such information, request that the Director, to the extent allowed by law, treat such medical information as confidential information. The Director shall provide written notice to the applicant of any request for disclosure of confidential medical information. The City will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information.
4.
Determining The Reasonableness Of An Accommodation.
a.
On compilation and reduction to writing of the relevant and reasonable information deemed necessary to process the applicant's request for accommodation, the Director shall make a written recommendation to the Rock Hill Board of Adjustment as to whether the accommodation should be granted. The Director's recommendation shall be made within fifteen (15) days of the date the request is deemed complete.
b.
The Board of Adjustment shall hold a hearing on the request within thirty (30) days of its receipt of the Director's recommendation. At the hearing the applicant may be represented by counsel and may present evidence on his or her behalf. The Director shall also have the right to be heard, as shall any intervening party claiming to have an interest affected by the application.
c.
Testimony presented at the hearing shall be sworn, and rules of evidence shall be followed. All proceedings before the board shall be recorded. The applicant shall have the right to request reasonable accommodation in the hearing process.
d.
The Board of Adjustment shall have the right to require or, upon application of either party to the proceedings, shall require, the attendance of any City employee or officer and shall have the right to order the production of any City records relating to the accommodation request. The board may request additional relevant and reasonable information deemed necessary for its complete consideration of the accommodation request and may continue the hearing, for a period not to exceed thirty (30) days, for the purpose of receiving such information.
e.
At the conclusion of the hearing, and after consideration of the evidence before it, the Board shall either grant the accommodation as requested, grant the accommodation as modified, or deny the accommodation. The Board's determination shall be in writing and shall include the following minimum findings, in addition to any other findings or conclusions deemed relevant by the Board:
(1)
Whether the requested accommodation is necessary to afford one (1) or more disabled persons equal opportunity to use and enjoy a specific dwelling;
(2)
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and
(3)
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
f.
A request for accommodation shall not be denied for any reason that violates the Acts. The Board is not obligated to grant any accommodation request unless so required by the Acts or by applicable Missouri law.
g.
All findings and determinations of the Board shall be made upon the affirmative vote of four (4) members and shall be final. The notice of determination shall be sent to the applicant and any other party by certified mail, return receipt requested, and by regular mail.
h.
The Board's written determination shall give notice of the right to appeal. Any aggrieved party, within thirty (30) days of receipt of the Board's determination, may appeal to the St. Louis County Circuit Court pursuant to Section 89.110, RSMo., or may pursue such other judicial review as may be allowed by law.
5.
Miscellaneous.
a.
The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section. Nothing in this Section obligates the City to pay an applicant's attorney fees or costs.
b.
While an application for reasonable accommodation or appeal of a denial of said application is pending, the City will not enforce the subject regulation against the applicant.
c.
The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.
Section 405.090 Community Unit Plan.
[CC 1970 §33-9; Ord. No. 465 Art. 9 §2, 3-15-1955]
A.
The owner of any tract of land comprising an area of not less than ten (10) acres may submit to the Board of Aldermen a plan for the use and development of all the tract of land for residential purposes or for the repair and alteration of any existing housing development on an area comprising ten (10) acres or more. The development or alteration plan shall be referred to the Planning and Zoning Commission for study and report and for public hearing. If the Commission approves the plans, they shall then be submitted to the Board of Aldermen for consideration and approval. The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community unit plan meets the following conditions:
1.
Property adjacent to the area included in the plan will not be adversely affected.
2.
The plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
3.
The buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses, such as garages, storage space or community activities, including churches.
4.
The average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located.
B.
If the Board of Aldermen approves the plans, building permits and certificates of occupancy may be issued even though the use of land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
C.
This Section shall not be construed to apply to subdivision plans or plats.
Section 405.100 Certificate of Occupancy - Required Generally.
[CC 1970 §33-10; Ord. No. 465 Art. 12, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
No vacant land shall be occupied or used except for farming purposes, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Building Commissioner.
Section 405.110 Certificate of Occupancy - For Buildings.
[CC 1970 §33-11; Ord. No. 465 Art. 12 §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
Certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and the certificate shall be issued within three (3) days after the request for the same shall have been made in writing to the Building Commissioner after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Commissioner for a period not exceeding one (1) year during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
Section 405.120 Certificate of Occupancy - For Land.
[CC 1970 §33-12; Ord. No. 465 Art. 12 §2, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
Certificate of occupancy for the use of vacant land or the change in the character of the use of land shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of these regulations.
Section 405.130 Certificate of Occupancy - Contents - Records - Fee.
[CC 1970 §33-13; Ord. No. 465 Art. 12 §2, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Commissioner. A five dollar ($5.00) fee shall be charged for a certificate of occupancy. Commercial and residential building occupancy permit applications require a forty dollar ($40.00) inspection fee. A twenty dollar ($20.00) reinspection fee shall be paid for each inspection of all buildings that fail to meet all applicable Code requirements after the initial inspection and the first (1st) reinspection.
Section 405.140 Certificate of Occupancy - Required Prior To Issuance of Excavation Permit.
[CC 1970 §33-14; Ord. No. 465 Art. 12 §2, 3-15-1955]
No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.
Section 405.150 Building Permit.
[CC 1970 §33-15; Ord. No. 465 Art. 13 §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimension of the lot to be built upon, the size, shape and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this Chapter. A record of applications and plats shall be kept in the office of the Building Commissioner.
Section 405.160 Building Permit - Termination and Renewal - Declaration of Property A Nuisance - Abatement.
[CC 1970 §33-15.1; Ord. No. 964 §1, 5-15-1979; Ord. No. 1470 §1, 9-17-2002]
A.
Expiration — Term — Renewal. All building permits authorized by the Rock Hill Code shall expire one hundred eighty (180) days after issuance unless, for good cause shown, the Building Commissioner and/or the Board of Aldermen may renew said permit for an additional one hundred eighty (180) days.
B.
Hearing — Orders. In the event that work is commenced pursuant to the provisions of a building permit but not completed within one hundred eighty (180) days or the period of extension, if any, the Board of Aldermen shall grant the owner of said premises a hearing and following said hearing shall make findings of fact and issue one (1) of the following orders:
1.
Declare the partial construction under the building permit a nuisance and have same abated in accordance with the procedure provided for the abatement of nuisances in the Rock Hill Code.
2.
Grant an additional period of one hundred eighty (180) days to the permittee to complete the work described in the plans and authorized by the building permit.
3.
Issue any other order which under the circumstances would appear to be just, appropriate and proper.
Section 405.170 Interpretation and Construction of Chapter.
[CC 1970 §33-16; Ord. No. 465 Art. XV §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise, not in conflict with this Chapter; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; except, that if this Chapter imposes a greater restriction, this Chapter shall control.
Section 405.180 Procedure For Amending Code, Districts, Regulations or Restrictions.
[CC 1970 §33-17; Ord. No. 465 Art. XVI §1, 3-15-1955; Ord. No. 1005 §1, 10-20-1981; Ord. No. 1007 §1, 1-19-1982; Ord. No. 1186 §1, 5-15-1990; Ord. No. 1470 §1, 9-17-2002]
A.
The Board of Aldermen may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions established in this Chapter. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning and Zoning Commission for its recommendations and report. If the Planning and Zoning Commission makes no report within sixty (60) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. Upon the filing of the recommendations and report by the Planning and Zoning Commission with respect to any proposed amendment, supplement, change, modification or repeal, the Board of Aldermen shall proceed to hold a public hearing in relation thereto, giving at least fifteen (15) days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City.
B.
The regulations, restrictions and boundaries established in this Chapter may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against a change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
C.
Before any action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Clerk two hundred dollars ($200.00) to cover the approximate cost of this procedure plus the cost of legal advertising, and under no condition shall such sum or any part thereof be refunded for failure of the change to be adopted by the Board of Aldermen.
D.
The foregoing shall not apply in any case where the decision to institute amendatory proceedings shall originate in the Planning and Zoning Commission or Mayor and Board of Aldermen of the City, but rather shall apply only in those cases where such Planning and Zoning Commission or Mayor and Board of Aldermen receive an application from a private source to institute such proceedings.
Section 405.190 Enforcement of Chapter.
[CC 1970 §33-18; Ord. No. 465 Art. XVII §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
It shall be the duty of the Building Commissioner to enforce this Chapter. Appeal from the decision of the Building Commissioner may be made to the Board of Adjustment as provided in this Chapter.