Rogersville City Zoning Code
ARTICLE VIII
Supplementary Regulations
Section 405.340 Accessory Buildings.
[Ord. No. 191 §601, 12-2-1986]
Accessory buildings, as defined in Section 405.080 and as regulated herein, are permitted in any district. No detached accessory building hereafter constructed shall occupy a required front yard or be located within five (5) feet of any dwelling existing or under construction on the building site. No single accessory building, in a residence district, shall occupy more than thirty percent (30%) nor shall all such buildings collectively occupy more than forty percent (40%) of the required yard spaces in the rear half of the lot. No accessory building shall be located closer than five (5) feet to any lot line; in the case of a reversed corner lot, no accessory building shall project closer to the street side yard than the front yard abutting. On an external lot, an accessory building shall not project closer than fifteen (15) feet to the street side lot line except that if the building is a required parking garage and has access to the side street, such setback shall be a minimum of twenty (20) feet.
Section 405.350 Accessory Uses.
[Ord. No. 191 §602, 12-2-1986]
An accessory use, as defined in Section 405.080 and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.
Section 405.355 Fencing Requirements.
[Ord. No. 729 §5, 8-1-2011]
When a building permit is requested or any new use is commenced on any non-residentially zoned property abutting a residentially zoned property, the property owner is required to install a fence. The fence must run the entire distance of the adjoining property line and must be at least six (6) feet tall and built so as to physically and visually shield the residential area from the non-residential use. The Building Inspector and City Engineer shall determine the height requirement of said fence.
Section 405.360 Advertising Signs and Billboards.
[Ord. No. 191 §603, 12-2-1986; Ord. No. 402 §§1 — 2, 4-7-2003; Ord. No. 618 §3, 9-15-2008; Ord. No. 673 §1, 2-15-2010; Ord. No. 722 §3, 5-2-2011]
A.
For all freestanding signs, a permit shall be required prior to installation of a freestanding sign with said permit costing fifty dollars ($50.00).
All signs and sign support structures shall conform to the requirements of this Section and all other applicable provisions of the Rogersville Municipal Code.
[Ord. No. 938, 1-24-2019]
1.
Purpose. The purpose of this Section is to promote public safety and welfare by regulating the following:
a.
To improve the visual environment and foster economic development while providing adequate standards for meeting sign owners' needs;
b.
To benefit the public and sign owners through improved sign legibility, readability and visibility;
c.
To provide equal opportunity for the display of commercial messages;
d.
To ensure the design, construction, installation, repair and maintenance of signs will not interfere with traffic safety or otherwise endanger public safety;
e.
To ensure that City rights-of-way are not appropriated to private use or used in a manner inconsistent with the public interest;
f.
To reduce incompatibility between signs and their surroundings;
g.
To ensure that an adequate opportunity will be available to sign users without dominating the visual appearance of the area.
2.
Conflicts with other provisions. Nothing contained herein shall be deemed a waiver of the provisions of any other ordinance or regulation applicable to signs. Signs located in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations. If there is a conflict between this Section and any other ordinance or regulation, the more stringent shall apply.
3.
Display of signs — permit required.
a.
No sign shall be displayed in the City limits until the City has issued a permit for it, unless it is exempt from a permit in accordance with Section 405.360(5). No permit shall be issued unless the applicant demonstrates that the proposed sign meets the requirements of this Code. All face changes, except changeable copy signs, shall require a permit. Mere repainting or changing the message of a sign shall not, in and of itself, be considered a substantial alteration.
b.
If plans submitted for an approved use permit, special use permit or preliminary plat include sign plans in sufficient detail that the permit issuing authority can determine whether the proposed sign or signs comply with the provisions of this Chapter, then issuance of the requested approved use permit, special use permit or preliminary plat shall constitute approval of the proposed sign or signs.
c.
No sign except a "public sign" shall be located on any City owned utility pole or within public rights-of-way.
4.
Permits to be withheld — illegal or prohibited signs on parcel. When a sign permit is requested for a parcel where illegal or prohibited signs exist, no sign permit shall be issued until all such signs are removed or brought into conformance with this Section.
5.
Signs exempt from permit.
a.
The following non-illuminated signs may be erected in compliance with this Section without the issuance of a sign permit. Such signs may be permitted in addition to all other signs permitted and shall conform to setbacks, placement requirements and other physical characteristics.
(1)
Construction signs;
(2)
Election signs;
(3)
Public signs;
(4)
Ideological signs;
(5)
Memorial signs;
(6)
Flags;
(7)
Holiday decorations;
(8)
On-site information signs;
(9)
Window signs;
(10)
Church identification, bulletin boards;
(11)
Licensed and operable motor vehicles.
The following temporary event signs may be located without issuance of a permit for a forty-eight (48) hour period. | ||
(1) | Commercial real estate signs; | |
(2) | Auction signage; | |
(3) | Garage sale signage. | |
The signs may be no larger than two (2) feet by two (2) feet with a maximum height of three (3) feet from the ground level. In addition to advertising language, the signs shall contain the date and location of the event. Property owner permission must be obtained prior to locating a sign off site. Signs may be placed within City right-of-way with property owner permission, however, placement shall not be allowed within the sight triangle of an intersection. |
b.
Signs left longer than forty-eight (48) hours shall be in violation of this Section and shall be removed by the City. The fine for violation of this Section shall be fifty dollars ($50.00) pursuant to Section 405.367. No placement of signs as defined in this Section shall occur in the Highway 60 corridor or on any City owned utility pole.
6.
No portable signs shall be allowed. Any portable signs in use as of the date of the passage of this Section shall not fall under this regulation until such time as removal or destruction of the sign, or a change in ownership of the property or closing of the business. No such portable sign may be replaced by an owner or transferred to any new business owner.
Section 405.361 Definitions and Location Requirements.
[Ord. No. 618 §3, 9-15-2008]
For the purpose of this Article, the following words shall be defined as set forth herein:
A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity or for which no legal owner can be found for a period of one hundred eighty (180) days.
Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
Any one (1) of the following:
For a building containing one (1) use: Any exterior wall having visibility from or abutting a publicly dedicated street or any exterior wall facing the parking lot of the use.
For a building containing two (2) or more uses: Any exterior wall or one (1) individual use that has a primary public entrance and exit; or any exterior wall of one (1) individual use on or below the first (1st) story which faces an abutting publicly dedicated roadway, alley or the customer parking lot of the building. Any substantial difference in the building plane on the facade of the building shall be eligible for consideration as a separate approved wall area.
A wall sign that is painted, stitched, sewn or stained onto the exterior of an awning. An awning is a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.
Any number of sizes of balloons used to draw attention to a business.
Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one (1) or more edges. National flags, State or municipal flags, or the official flag of any institution or business shall not be considered banners.
Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move.
An off-premises sign owned by a person, corporation or other entity that engages in the business of selling the advertising space on that sign.
A sign stating the name of a building or identifying the major tenant of a building.
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
A sign which states only the name of such developments as shopping centers, a business park or similar use.
A permanent sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Section. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this Section.
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
A sign that advertises the future use or occupancy of a parcel or a building or buildings or subdivision under construction. Such signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information including, but not limited to, sale or leasing information.
A sign that identifies candidates or issues on the ballot in an upcoming election.
Any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol. National flags, State or municipal flags shall be exempt from this Section.
A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame or other structure) that is not itself an integral part of, or attached to, a building or other structure whose principal function is something other than the support of a sign. A sign that stands without supporting elements, such as "sandwich sign", is also a freestanding sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.
The vertical distance measured from the finish grade on the parcel adjacent to the pole or structure to the uppermost point of the sign or structure on which the sign is located.
Signs in the nature of ornamentation which are clearly incidental and commonly associated with any national, local or religious holiday.
Any non-commercial sign which expresses a religious, political, social or other philosophical message.
A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone" and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that
Are filled with neon or some other gas that glows when an electric current passes through it, and
Are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs.
A sign that serves as a common or collective identification for two (2) or more businesses or other non-residential uses on the same lot or parcel.
Any sign attached to or made a part with manual or electronically changeable copy.
A sign or tablet identifying a site, structure or building which may include, but is not limited to, names and/or dates of construction, use or historical designation.
Any single use that does not include an area designed as a dwelling unit as the principal use.
A sign that draws attention to, or communicates information about, a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious or other non-commercial message shall also be an off-premises sign.
A sign that draws attention to, or communicates information about, a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
The building in which is conducted the principal use of the zone lot on which it is located.
A sign stating the name of a subdivision, phase of subdivision or otherwise identifying a residential housing project. A realtor having exclusive marketing rights of said parcel may attach a realty sign to the project identification sign.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.
Any given information about public places owned and operated by a Federal, State, County, local or other governmental entity which is required by law or is necessary for public information.
A sign which advertises the sale, rental or lease of the land or building upon which the sign is located.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.
Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
The square footage of all that area within the outside dimension of the sign, not including support structures. In the case where letters or symbols are attached directly to a wall or structure with no other background, the sign area shall be the square footage contained within the smallest single continuous perimeter of no more than eight (8) straight lines. When a sign has two (2) parallel display faces, the area of one (1) face shall be the total sign area; however, when a sign face is not parallel and is "V" shaped, where the distance separation is greater than five (5) feet, the area of all faces shall be included in determining the total sign area. All riders or attachments to signs or sign structure whether temporary or permanent shall be included in determining the total sign area.
A triangular-shaped portion of land established at street intersections and street driveway intersections in which nothing may be erected, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of persons entering or leaving the intersections.
The distance for which a lot line of a zone lot adjoins a public street, from one (1) lot line intersecting said street to the furthest distant lot line intersecting the same street.
A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
A sign that is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign.
Any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
A sign that advertises the location of a yard or garage sale of personal property.
Section 405.362 Number of Signs Limited.
[Ord. No. 618 §3, 9-15-2008]
A.
No one (1) use may have more than four (4) signs per street frontage, and no one (1) use shall exceed a maximum number of five (5) signs, not to include on-site directional signs. The following number of each type of sign is allowed for any one (1) use provided that the maximum number of five (5) signs is not exceeded:
B.
Multiple-Use Buildings. If there is more than one (1) business in a building or if the buildings in a group are associated by ownership, joint identification or center identification signs are the only freestanding signs permitted.
C.
Second Tier Signage. Second (2nd) tier commercial properties located in the commercial district may co-locate on freestanding signage under the following circumstances:
1.
Second (2nd) tier properties are those located directly behind highway frontage properties located in a commercially zoned district. Those properties sharing a common property line (exclusive of street right-of-way) shall be considered second (2nd) tier properties.
2.
The co-location of off-site freestanding signage can only occur on the highway frontage property located directly in front of the second (2nd) tier property.
3.
The number of freestanding signs allowed on the frontage property shall remain the same. The co-location of second (2nd) tier signage on frontage property shall be at the sole discretion of the frontage property owner. A letter of authorization shall accompany applications for use of a highway frontage sign by second (2nd) tier properties from the frontage property owner.
4.
The overall height and square foot limitation imposed on the commercially zoned district shall remain the same. The combined total of all square feet of signage located on a freestanding sign shall not exceed four hundred (400) square feet with a maximum height of thirty-five (35) feet.
Section 405.363 Permitted Signs by Zoning District.
[Ord. No. 618 §3, 9-15-2008]
Types of signs permitted in the respective zoning districts of the City are as follows:[1]
[1]
Editor's Note — The Permitted Signs by Zoning District tables are included as an attachment to this chapter.
Section 405.364 Maintenance of Signs.
[Ord. No. 618 §3, 9-15-2008]
A.
All signs and all components thereof, including, without limitation, supports, braces and anchors, shall be kept in a state of good repair. With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment.
B.
If a sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within thirty (30) days after such abandonment, be removed by the sign owner, owner of the property where the sign is located or other property owner having control over such sign.
C.
If the message portion of a sign is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors or similar components, the owner of a sign or the owner of the property where the sign is located or other person having control over such sign shall either replace the entire message portion of the sign or remove the remaining components of the sign. This Subsection shall not be construed to alter the effect of Section 405.366, which prohibits the replacement of a non-conforming sign. Nor shall this Subsection be construed to prevent the changing of the message of a sign.
D.
The area within ten (10) feet in all directions of any part of a freestanding sign shall be kept clear of all debris and all undergrowth more than twelve (12) inches in height.
Section 405.365 Unlawful Cutting of Trees or Shrubs.
[Ord. No. 618 §3, 9-15-2008]
A.
No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy or remove any trees, shrubs or other vegetation located:
1.
Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the City or other agency having jurisdiction over the streets.
2.
On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.
3.
In any area where such trees or shrubs are required to remain under a permit issued under this Section.
Section 405.366 Non-Conforming Sign.
[Ord. No. 618 §3, 9-15-2008]
A.
Subject to the remaining restrictions of this Section, non-conforming signs that were otherwise lawful on the effective date of this Article may be continued until they are required to be removed under this Section.
B.
No person may engage in any activity that causes an increase in the extent of non-conformity of a non-conforming sign. Without limiting the generality of the foregoing, no conforming sign may be enlarged or altered in such a manner as to aggravate the non-conforming condition. Nor may illumination be added to any non-conforming sign.
C.
A non-conforming sign may not be moved or replaced except to bring the sign into complete conformity with this Chapter.
D.
If a non-conforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed or replaced except in conformance with all the provisions of this Chapter, and remnants of the former sign structure shall be cleared from the land. For purposes of this Section, a non-conforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.
E.
The message of a non-conforming sign may be changed so long as this does not create any new non-conformance (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).
F.
Subject to the other provisions of this Section, non-conforming signs may be repaired and renovated so long as the cost of such work does not exceed fifty percent (50%) of the value (appraised or tax value if listed for tax purposes) of such sign.
G.
If a non-conforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located or other party having control over the sign.
H.
If a non-conforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this Article or be removed by the sign owner, owner of the property where the sign is located or other person having control over such sign. For purposes of this Section, a sign is "blank" if:
1.
It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted; or
2.
The advertising message it displays becomes illegible in whole or substantial part; or
3.
The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.
Section 405.367 Penalties and Fines.
[Ord. No. 618 §3, 9-15-2008]
Section 405.370 Building Site Requirements - Exceptions.
[Ord. No. 191 §604, 12-2-1986]
A.
Even though the width of the area is less than the minimum required by these regulations for the district, any of the following specified lots or parcel of land may be used as a building site for dwelling purposes (except in an industrial district) if all other requirements are met; provided, that no more than one (1) dwelling unit shall be placed upon any such lot or parcel:
1.
Any lot shown on a subdivision recorded prior to the effective date of this Chapter.
2.
Any parcel of land purchased prior to the effective date of this Chapter by the present owner or by a person from whom the present owner acquired it through testamentary disposition or intestate succession, where no adjacent land is owned, by the same person.
3.
Any lot or parcel of land where the deficiency is due exclusively to the condemnation of a portion thereof for a public purpose or the sale thereof to any agency or political subdivision of the City, State or Federal Government.
Section 405.380 Building Site Requirements - Irregular Lots.
[Ord. No. 191 §605, 12-2-1986]
If all other regulations for the district are met, where the side lot lines are not parallel, the minimum width requirements may be applied to the average lot width, if the width, when measured at the front lot line is at least thirty-five (35) feet and when measured twenty-five (25) feet back of the front lot line is at least fifty (50) feet in width.
Section 405.390 Conditional Uses.
[Ord. No. 191 §606, 12-2-1986; Ord. No. 970, 11-4-2019]
A.
The Planning Commission shall approve a conditional use, if permitted in the district, only if the following requirements have been met:
1.
The location of the proposed use is compatible to other land uses in the general neighborhood and does not place an undue burden on existing transportation and service facilities in the vicinity.
2.
The Commission may also determine that the proposed use is such that it is necessary to require greater standards than listed in the district in order to correlate the proposed use to other property and uses in the vicinity.
3.
The site will be served by streets of capacity sufficient to carry the traffic generated by the proposed use.
4.
The proposed use, if it complies with all conditions upon which the approval is made contingent, will not adversely affect the property in the vicinity.
5.
The Commission may provide that approval be contingent upon acceptance and observance of specified conditions, including but not limited to:
a.
Conformity to plans and drawings submitted with the application.
b.
Special yards, open space, buffer strips, walls, fences, hedges, landscaping.
c.
Performance standards relative to emission of noise, vibration or other potentially dangerous or objectionable elements.
d.
Limits on time of day for conduct of specified activities.
e.
A period in which the approval shall be exercised, or otherwise shall lapse.
f.
Guarantees as to compliance with the terms of approval.
6.
The Commission may require any development to refer to and comply with Section 405.500, Planned Community Unit Development.
7.
The procedures for public hearing, notice, and filing fee of an application for a conditional use shall be the same as required for amendments, etc., in Section 405.600, except that the filing date must be twenty (20) days prior to any regular Commission meeting and the decision of the City Planning Commission after public hearing shall be final and become effective in fifteen (15) days, unless an appeal is made to the Board of Aldermen within fifteen (15) days after the decision of the Planning Commission.
Section 405.400 Height Limitations - Exceptions.
[Ord. No. 191 §607, 12-2-1986]
A.
In a residence district a permitted building, other than a dwelling or accessory building as defined herein, may be built to a height of thirty-five (35) feet and to a greater height if the minimum dimensions of the rear yard and each of the side yards exceed the requirement in the district by one (1) foot for each one (1) foot of additional height.
B.
The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulk heads, other similar features and necessary mechanical appurtenances usually carried above the roof level.
C.
The provisions of this Chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without windows) extending such height limit not more than five (5) feet.
Section 405.410 Lot Coverage - Exceptions.
[Ord. No. 191 §608, 12-2-1986]
A.
In calculating the percentage of lot coverage, or required yards, for the purpose of applying the regulations of this Chapter, the features of a structure as hereafter set forth shall not be included as coverage nor be considered an infringement into the required yards:
1.
Unenclosed steps, stairways, landings and stoops, not extending above the ground floor level.
2.
Unenclosed surfaced walks and driveways.
3.
Fence or trestles not exceeding five and one-half (5½) feet in height.
4.
Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.
5.
Flue or fireplace chimney attached to the main building.
6.
Bay windows extending not more than eighteen (18) inches from the main building.
7.
Cornices, canopies and eaves not extending more than three (3) feet.
8.
Open fire escape may not project into a required side yard more than half the width of such yard.
9.
Fire escapes, solid floor balconies and enclosed outside stairways may project to within twelve (12) feet of the rear lot line.
Section 405.420 Home Occupations.
[Ord. No. 191 §609, 12-2-1986]
A.
Home occupations may be permitted in any "R" District upon first receiving permission from the City Planning Commission according to the procedure outlined in Section 405.610(B) of this Chapter. The following criteria shall be employed to determine a valid home occupation:
1.
No employment of help other than the members of the resident family by blood or marriage.
2.
No outdoor display or storage of material.
3.
No signs displayed except as permitted in this Chapter.
4.
No commodity is sold on the premises except that which is prepared on the premises.
5.
Not more than twenty percent (20%) of the net floor area of the dwelling may be devoted to the occupation.
6.
No required off-street parking space shall be used in the conduct of the home occupation.
7.
No mechanical equipment is used which makes any loud, unnecessary or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
8.
In no way shall the appearance of the structure or the conduct of the occupation within the structure be so altered that it may reasonably be recognized as serving a non-residential purpose (either by color, materials or construction, lighting, sounds or noises, vibrations, etc.)
Section 405.430 Non-Conforming Use.
[Ord. No. 191 §610, 12-2-1986]
Any use lawfully occupying a building or land at the effective date of this Chapter, or of subsequent amendments hereto, that does not conform to the regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued.
Section 405.440 Non-Conforming Building.
[Ord. No. 191 §611, 12-2-1986]
Any building lawfully existing or in the process of construction at the effective date of this Chapter, or of subsequent amendments hereto, that is wholly or partially used or designed for use contrary to the regulations for the district in which it is located shall be deemed to be a legal non-conforming building and may be so used or continued in use.
Section 405.450 Non-Conforming Building - Maintenance - Alterations - Enlargements - Restoration.
[Ord. No. 191 §612, 12-2-1986]
A.
Maintenance and minor repairs necessary to keep a non-conforming building in sound condition, as may be required by law, shall be permitted.
B.
In no case shall a non-conforming building be structurally altered unless the same will have the effect of, or actually result in, eliminating the non-conforming use.
C.
A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use. No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non- conforming use.
D.
When a non-conforming building is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its structural value, it shall not be restored except in conformity with the district in which it is located.
Section 405.460 Non-Conforming Use - Changes.
[Ord. No. 191 §613, 12-2-1986]
No non-conforming use may be enlarged or extended in such a way as to occupy any required open space, on any land beyond the boundaries of the lot or parcel of land as it existed at the effective date of this Chapter, or to displace any conforming use in the same building or on the same parcel.
Section 405.470 Non-Conforming Use - Abandonment.
[Ord. No. 191 §614, 12-2-1986]
In the event that a non-conforming use of any building or premises is discontinued, or its normal operations stopped, for a continuous period of six (6) months, use of such building or premises shall thereafter conform to the use regulations in the district in which the same is located.
Section 405.480 Non-Conforming Use - Elimination.
[Ord. No. 191 §615, 12-2-1986]
Nothing contained herein shall forego the existing powers of the Governing Body of the City in the gradual elimination of non-conforming uses and buildings; provided, that reasonable periods for amortization or particular uses and buildings shall be required as determined by the Governing Body.
Section 405.490 Parking Requirements.
[Ord. No. 191 §616, 12-2-1986; Ord. No. 617 §3, 9-2-2008; Ord. No. 782 §8, 4-15-2013]
A.
These requirements are effective upon the erection or enlargement of a structure. Each required off-street automobile storage space shall be hard surfaced and have free access to a public right-of-way, provided that no required off-street automobile storage space shall be located within a required front yard in any district.
[Ord. No. 1017, 6-21-2021]
Type Of Structure | Required Parking | ||||
|---|---|---|---|---|---|
1. | Residential and lodging uses. | ||||
a. | "R-1" and "R-5" Single-family [Ord. No. 894 § 1, 9-18-2017] | Two (2) for each dwelling unit | |||
b. | "R-2" and "R-2Z" Multi-family [Ord. No. 894 § 2, 9-18-2017] | Two (2) for each dwelling unit | |||
c. | "R-3" and R-3.1" Multi-family dwellings: | ||||
(1) | Efficiency and one-bedroom | One and one-half (1½) for each dwelling unit | |||
(2) | Dwelling units with two (2) or more bedrooms | Two (2) for each dwelling unit | |||
The number of spaces required for multi-family dwellings may be reduced by one percent (1%) for each ten (10) dwelling units over fifty (50) dwelling units, but the reduction in parking shall not exceed twenty percent (20%) of the total parking requirement. | |||||
d. | Boarding, rooming and lodging houses | One (1) for each one (1) lodging room | |||
e. | Hotels and motels | One (1) for each sleeping room, plus any required for restaurants, cocktail lounges, meeting rooms, etc. | |||
f. | Mobile homes in mobile home parks | Two (2) for each mobile home | |||
2. | Business and commercial uses. | ||||
a. | Animal hospitals and veterinary clinics | One (1) for each three hundred fifty (350) square feet of total building floor area | |||
b. | Automobile service stations | Two (2) for each service bay plus one (1) for each employee but not less than five (5) | |||
c. | Automobile washing establishments | Queuing spaces for waiting automobiles equal to three (3) times the maximum capacity for each wash rack, measured by the greatest number of automobiles undergoing some phases of laundering at the same time plus one (1) for each two (2) employees | |||
d. | Banks and financial institutions | One (1) for each three hundred fifty (350) square feet of total building floor area. Drive-up windows shall have five (5) queuing spaces in addition to one (1) space at the service window. The number of queuing spaces may be reduced by twenty percent (20%) for each additional window provided, however, there shall be at least two (2) queuing spaces at each window | |||
e. | Barbershops and beauty parlors | Four (4) for each two (2) chairs | |||
f. | Bowling alleys | Five (5) for each alley, plus any required for restaurants, cocktail lounges, etc. | |||
g. | Business or professional offices and public administration buildings (except medical and dental offices) | One (1) for each three hundred fifty (350) square feet of total building floor area | |||
h. | Cleaning and laundry pickup stores, tailor and dressmaking | One (1) for each three hundred (300) square feet of total building floor area | |||
i. | Convenience food stores | One (1) for each three hundred fifty (350) square feet of total building floor area plus one (1) for each two and one-half (2½) seats of on-site seating, but not less than ten (10). Service area at gas pumps shall not be counted as parking spaces | |||
j. | Dance halls and indoor skating rinks | One (1) for each two thousand (2,000) square feet of total building floor area | |||
k. | Furniture and appliance stores | One (1) for each five hundred (500) square feet of total building floor area | |||
l. | Hardware and building supply stores | One (1) space for each three hundred fifty (350) square feet of total building floor area | |||
m. | Medical and dental offices and clinics | One (1) for each two hundred fifty (250) square feet of total building floor area | |||
n. | Mortuaries and funeral homes | One (1) for each four (4) seats, plus one (1) for each employee | |||
o. | New and used motor vehicle, mobile home and trailer sales and rental establishments | One (1) for each four hundred (400) square feet of enclosed total building floor area, plus one (1) for each three thousand (3,000) square feet of open sales lot area | |||
p. | Restaurants | ||||
(1) | With no pick up or drive-thru service | One (1) for each one hundred (100) square feet of total building floor area, or one (1) for three (3) seats, whichever is greater | |||
(2) | With pickup or drive-thru service and on-site seating | One (1) for each seventy (70) square feet of total building floor area but not less than ten (10). For drive-thru service, each window shall have six (6) queuing spaces in addition to one (1) space at the service window. The number of queuing spaces for drive-thru service may be reduced by twenty percent (20%) for each additional window provided, however, there shall be at least two (2) queuing spaces at each window. For pickup service, each window shall have three (3) queuing spaces in addition to one (1) space at the service window | |||
(3) | With pickup or drive-thru and no on-site seating | One (1) for each employee on the largest shift, but not less than six (6) | |||
q. | Retail stores (unless listed separately) | One (1) for each two hundred fifty (250) square feet of total building floor area | |||
r. | Self-service storage | One (1) for each twenty-five (25) storage units without vehicular access plus one (1) for each employee and two (2) if a resident manager is present plus two (2) additional at the office | |||
s. | Supermarkets and grocery stores | One (1) space for each three hundred fifty (350) square feet of total building floor area | |||
t. | Taverns and cocktail lounges | One (1) for each one hundred (100) square feet of total building floor area | |||
u. | Theaters | One (1) for each four (4) seats | |||
3. | Industrial and warehouse uses. | ||||
a. | Manufacturing uses and any establishments engaged in production, processing, cleaning, servicing, testing or repair of materials or products | Two (2) for each three (3) employees on the largest shift, plus one (1) for each vehicle kept on the premises | |||
b. | Truck terminals | Two (2) for each three (3) employees, plus one (1) for each truck or semi-trailer kept on the premises | |||
c. | Warehouse and storage establishments | One (1) for each employee plus one (1) for each vehicle kept on the premises | |||
d. | Wholesale establishments | Two (2) for each three (3) employees, plus one (1) for each eight hundred (800) feet of building floor area and one (1) for each vehicle kept on the premises | |||
4. | Schools, institutions and places of assembly. | ||||
a. | Auditoriums, stadiums, gymnasiums, convention halls and other places of assembly | ||||
(1) | With fixed seats | One (1) for each four (4) seats | |||
(2) | Without fixed seats | One (1) for each three (3) persons based upon designed maximum capacity | |||
b. | Churches, temples and other places of worship | One (1) for each four (4) seats | |||
c. | Colleges and universities | One (1) space for each employee on the largest shift, plus two (2) spaces for each three (3) commuting students of the largest class attendance period | |||
d. | Day care homes | (1) for each employee or staff member plus any required for the residence | |||
e. | Elementary and junior high schools | Two (2) for each classroom or one (1) for each five (5) seats of the largest place of public assembly (stadium, auditorium or gym), whichever requires the greatest number of parking spaces | |||
f. | High schools | One (1) for each eight (8) students based on the maximum number of students for which the school is designed plus two (2) for each classroom or one (1) for each five (5) seats of the largest place of public assembly (stadium, auditorium or gym), whichever requires the greatest number of parking spaces | |||
g. | Nursery schools and day care centers | One (1) for each employee and staff member plus one (1) for each five (5) children | |||
h. | Nursing homes, convalescent centers and similar facilities | One (1) for each three (3) beds plus one (1) for each two (2) employees on the longest shift | |||
i. | Parks, playgrounds and athletic fields | One (1) for each five thousand (5,000) square feet of gross land area or one (1) for each four (4) persons at maximum design capacity, whichever is greater | |||
j. | Private clubs and lodges | One (1) for each three (3) persons, at maximum design capacity | |||
k. | Swimming pools | One (1) for each thirty-eight (38) square feet of pool area | |||
l. | Tennis courts and clubs (outdoor) | One (1) for each five thousand (5,000) square feet of gross land area | |||
m. | Tennis clubs (indoor), health clubs, gymnasiums, racquetball clubs and similar uses | One (1) for each two hundred fifty (250) square feet of floor area | |||
n. | Outdoor recreation (unless listed separately) | One (1) for each three (3) persons, at maximum design capacity | |||
5.
Other uses not listed. To be determined by the City Planning Commission according to use.
6.
Computing Off-Street Parking Spaces.
[Ord. No. 894 § 4, 9-18-2017[1]]
a.
In computing the number of such parking spaces required, the following rules shall govern:
(1)
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(2)
The parking space requirements for a conditional use or special use shall be determined by the Planning and Zoning Commission prior to approving such conditional use or special use.
(3)
Whenever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, the number of parking spaces required shall be recomputed to comply with the parking requirements set forth herein.
(4)
Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of fifty percent (50%) or more in floor area, number of employees, number of dwelling units, seating capacity or otherwise, the number of parking spaces required shall be recomputed to comply with the parking requirements set forth herein.
(5)
In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
[1]
Editor's Note: This ordinance renumbered former Subsection (A)(6) and (8) as Subsection (A)(7) and (10), respectively, and repealed former Subsection (A)(7). See now Section 405.568(C).
7.
Off-Street Parking Location.
[Ord. No. 894 § 5, 9-18-2017]
a.
All parking spaces required herein shall be located on the same lot with the building or use served, except where an increase in the number of spaces is required by an approved change or enlargement of a non-residential use or where such spaces are provided collectively or used jointly by two (2) or more non-residential buildings or establishments, the required spaces may be located and maintained within three hundred (300) feet from such non-residential building, establishment or use served.
(1)
Up to fifty percent (50%) of the parking spaces required for non-residential uses may be provided and used jointly by other non-residential uses when both establishments are not normally open, used or operated during the same hours.
(2)
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney, and shall be filed with the application for a building permit. If a building permit is issued, the landowner must record a copy of the written agreement at the appropriate county and provide proof of recording to the Building Inspector within 30 days.
(3)
Off-street parking space may be located within the required front yard of any non-residential district, but no off-street parking shall be permitted in the required front yard of any residential district except upon a driveway providing access to a garage, carport, or parking area for a dwelling.
8.
Off-Street Parking General Access, Design, Surfacing and Loading Standards.
[Ord. No. 894 § 6, 9-18-2017]
a.
Access. Each required off-street parking lot shall open directly upon an aisle or a driveway of such width and design as to provide safe and efficient means of vehicular ingress and egress to parking spaces contained within the parking lot.
b.
Design. Newly constructed off-street parking and accessible parking facilities shall comply with the City of Rogersville's Technical Specifications, as amended and adopted from the City of Springfield, Missouri, on October 24, 2002, via Ordinance Number 387 and as further amended from time to time by the Board of Aldermen. They are titled as follows:
Subdivision Regulations, last amended November 13, 2000; and
Standard Drawing Details for Public Improvements, adopted May 10, 2002; and
Design Standards for Public Improvements, adopted May 10, 2002; and
General Conditions and Technical Specifications for Public Improvements, adopted May 10, 2002.
The table below can be used to assist in computing the number of parking spaces. Turnarounds shall be provided in multifamily and non-residential off-street parking lots to allow vehicles to enter or exit the parking lot without backing from or onto a street so as to promote safe and efficient traffic flow. Newly constructed parking lots shall be designed to connect to and allow access to adjoining off-street parking lots.
(1)
Computing Parking Spaces.
COMPUTING PARKING SPACES | ||||||||
|---|---|---|---|---|---|---|---|---|
Parking angle (degrees) | Curb Length Per Car (feet) | Curb Length Short Dimension (feet) | Curb Length Long Dimension (feet) | Stall to Back Rows (feet) | Stall to Curb (feet) | Aisle Width (feet) | Back to Back Rows (feet) | Total Width (feet) |
0º | 23.0 | 0.0 | 23.0 | 9.0 | 9.0 | 12.0 | 30.0 | 30.0 |
45º | 12.7 | 6.4 | 13.4 | 19.8 | 16.6 | 13.0 | 46.2 | 52.6 |
60º | 10.4 | 7.8 | 9.5 | 21.0 | 18.8 | 18.0 | 55.5 | 60.0 |
90º | 9.0 | 9.0 | 0.0 | 19.0 | 17.0 | 23.0 | 61.0 | 61.0 |
c.
Surfacing. All off-street parking areas, ingress and egress and circulation areas shall be composed of an asphalt or concrete surface. All off-street parking areas shall include concrete curb and gutter surrounding the entire parking area and around all landscaped islands within the parking lot.
(1)
Gravel or crushed stone parking areas may be permitted in nonresidential districts, but only in combination with automotive, recreational, boat storage facilities or other related storage facilities as approved by the Building Inspector. Gravel or crushed stone parking areas shall not be permitted to be installed for automotive, boat, marine, recreational camper or related equipment sales or service.
d.
Loading Design Standards for Newly Constructed Buildings.
(1)
All loading areas shall be accessed without requiring any backing from or onto a public street and without any portion of a vehicle projecting onto a public street while being loaded or unloaded so as to promote safe and efficient traffic flow.
(2)
Every building or part thereof erected or occupied for any nonresidential use involving the receipt or distribution by vehicles of materials or merchandise shall provide and maintain on the premises off-street loading space in the amount of one (1) loading space for each ten thousand (10,000) square feet or fraction thereof of floor area.
e.
Drive-Through And Queuing Standards. Any business or use which provides drive-through service shall provide six (6) queuing spaces and one (1) space at each service window.
9.
Driveways and Off-Street Parking in Residential Districts.
[Ord. No. 894 § 7, 9-18-2017]
a.
Driveways.
(1)
All residential dwelling driveways and off-street areas used for standing and maneuvering of vehicles shall be constructed of concrete or asphalt surface and shall be designed to drain and avoid flow of water across sidewalks.
(2)
All residential dwelling driveways shall be at least sixteen (16) feet wide from the street or curb to the garage or dwelling unit.
(3)
All residential dwellings located on a street classified as a collector or greater use shall provide an internal vehicle turnaround or a circle driveway, so as to provide an alternative to backing out onto the street.
(4)
All new driveways, curb cuts and driveway expansions shall be reviewed for drainage impacts, grade changes, and potential access restrictions by the Building Inspector.
b.
Off-Street Parking.
(1)
All residential dwelling units are to provide a minimum of two parking spaces for each dwelling unit constructed. Driveways constructed for single-family and two-family uses shall reserve parking area for a minimum of two vehicles, in addition to garages or carports.
(2)
All multifamily dwelling units shall provide parking spaces as dictated in Section 405.490(A)(1)(c).
(3)
Parking areas reserved for private homeowners' association playgrounds, pools, parks, etc., shall provide one parking space for each ten dwelling units serviced by the common area. New construction or enlargement of existing structures parking design shall comply with the latest adopted building codes.
(4)
Accessible parking design shall comply with the latest adopted building codes.
10.
Review of Application. The application shall be reviewed by and approved or disapproved by the Building Inspector. The decision of the Building Inspector may be appealed to the Board of Aldermen.
[Ord. No. 894 § 8, 9-18-2017]
Section 405.500 Planned Community Unit Development.
[Ord. No. 191 §617, 12-2-1986; Ord. No. 971, 11-4-2019]
A.
The owner or owners of any tract of land comprising an area of not less than four (4) acres or all or part of a renewal or redevelopment area may submit to the City Clerk a plan for the use and development of all such tracts of land for residential purposes. Such development plan shall be referred to the Planning Commission for study, public hearing and report to the Board of Aldermen, which may authorize rezoning and the issuance of building permits and certificates of occupancy, therefore, even though the use of the land and the use and location of structures, including the yards and open spaces required by this Article, do not conform in all respects to the regulations contained in other Sections of this Article. (The procedures for filing an amendment in Section 405.600 shall be followed.) The Planning Commission may recommend the development as submitted, or may modify, alter, adjust or amend the plan before recommendation, or deny the plan and shall make a report to the Board of Aldermen setting forth its reasons for approval or denial of the application and, if approved, specific evidence and facts showing that the proposed community plan meets the following conditions:
1.
The value of any building and the character of the property adjoining the area included in such plan will not be adversely affected.
2.
Such plan is consistent with the intent and purpose of this Article to promote public health, safety, morals and general welfare.
3.
The building shall be used only for residential purposes and the usual accessory uses such as automobile parking areas, garages, and community activities, including churches; and provided that a business district can be established through the regular channels.
4.
The average lot area per family contained in the site, exclusive of the area occupied by streets, shall be not less than the lot area occupied by streets, shall be not less than the lot area per family required for the district in which the development is located.
5.
Each family unit shall require seven thousand five hundred (7,500) square feet of space within the approved development area.
Section 405.510 Protection of Sewers and Utility Lines.
[Ord. No. 191 §618, 12-2-1986]
No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the City and the public utility whose lines are involved, if any.
Section 405.520 Special Uses.
[Ord. No. 191 §619, 12-2-1986]
A.
Any of the following uses may be located in any district upon recommendation of the Planning Commission and approval of the Board of Aldermen after public hearing, and upon such conditions as the Board of Aldermen may impose; provided, that in their judgment such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter; and shall comply with the height and area regulations of the district in which they may be located.
1.
Amusement parks, commercial baseball or athletic fields, race tracks, circuses, carnivals or rodeo fairgrounds.
2.
Aviation fields, airports or helio-ports.
3.
Cemeteries, mausoleums or crematories for the disposal of the human dead.
4.
Golf driving ranges and miniature golf courses.
5.
Gun clubs, skeet shoots or target ranges.
6.
Hospitals for the insane or feeble minded, or penal or correctional institutions.
7.
Radio towers under such safeguards as the Board may require.
8.
Reservoirs, wells, towers, filter beds or water supply plants.
9.
Riding stables and tracks or riding academy.
10.
Sewage, refuse or garbage disposal plants, sites, dumps or sanitary land fill.
11.
Trailer camps, trailer parks, manufactured home parks and manufactured home communities.
12.
Buildings or the use of premises for public utility purposes or public service corporation, which buildings or the uses the Commission deems necessary for public convenience or welfare.
Section 405.530 Uses Not Listed - Determination.
[Ord. No. 191 §620, 12-2-1986]
A.
Whenever there is doubt as to the classification of a use not specifically listed or mentioned in this Chapter, the determination shall be made by the Planning Commission.
1.
The determination of the Planning Commission shall be rendered within a reasonable time, but not to exceed thirty (30) days, and shall state the class or classes of districts in which the proposed use will be added and whether it is a permitted use, a conditional use or a "special use".
2.
The determination of the use shall be effective immediately, and the use specifically described shall thereafter be considered as a permitted use, a conditional use or a "special use" in the districts indicated and shall have the same status as other uses listed and as regulated therein.
3.
Application for determination shall be made in writing. No specific form is required.
Section 405.540 Vacated Streets and Alleys.
[Ord. No. 191 §621, 12-2-1986]
Whenever any street, alley or other public way is vacated by official action of the legislative body, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street or alley and all areas included in such adjacent district shall then and thence forth be subject to all regulations of the extended districts.
Section 405.550 Visibility at Intersections.
[Ord. No. 191 §622, 12-2-1986]
On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than three and one-half (3½) feet in height measured from the crown of the street shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty (30) feet distant from the point of intersection, measured along said street lines.
Section 405.560 Yard Requirements - Exception.
[Ord. No. 191 §623, 12-2-1986; Ord. No. 782 §§9 — 11, 4-15-2013]
A.
Where the building wall is not parallel to a side or a rear lot line, the required least dimension of the side yard of residential lots not zoned "R-2Z" may be considered to be the average distance of said wall from said lot line, provided that no such residential lots not zoned "R-2Z" side yard shall be less than four (4) feet in width at any point.
B.
Where the building wall is not parallel to a side or a rear lot line, the required least dimension of the rear yard along such line may be considered to be the average distance of said wall from said rear lot line, provided that no such rear yard be less than ten (10) feet in depth at any point, where a rear yard is required.
C.
The following exception shall apply only where forty percent (40%) or more of the existing structures, which face the same side of a street between the same two (2) intersecting streets, have observed a front setback greater or less than the required front yard in that district. the front yard for a dwelling hereafter erected in the same block frontage shall be the average setback of the existing structures, but in no case shall the front yard be reduced to less than fifteen (15) feet nor increased to more than fifty (50) feet.
D.
On a corner or external lot, a structure may face either street, except that if a structure, including an attached garage, faces the street side yard (as defined in Section 405.080), the side yard setback shall be the same as the required front yard setback in the district. This does not relieve the normal front yard requirement of the lot as defined in this Chapter.
Section 405.565 Manufactured and Modular Homes - General Requirements.
[Ord. No. 320 §2, 5-21-1998]
A.
No building, structure or land shall be used for any purpose other than is permitted in the zone in which such building, structure or land is situated.
B.
Except as otherwise provided by the Board of Aldermen:
1.
No building or structure shall be erected, constructed, reconstructed, moved or altered other than is permitted in the zone in which such building or structure is situated.
2.
No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit or diminish the yard or parking requirement herein established for the zone in which such building or structure is located.
3.
No lot area shall be reduced or diminished so that the yards or other open space shall be smaller than prescribed by these requirements; nor shall the density of population be increased in any manner except in conformity with the area regulations established herein.
4.
Every building hereafter erected or altered shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on each lot.
C.
Manufactured And Modular Homes On Individual Lots In Residential "R-1" Zone.
1.
Occupancy restrictions. Manufactured or modular homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.
2.
Siting requirements. Each manufactured or modular home placed on an individual lot shall:
a.
Be occupied only as a single-family dwelling.
b.
Be placed in conformance with all zoning and setback requirements established for the zone in which located.
c.
Accessory structures, which are limited to a garage and a shed, shall be placed in conformance with the setback and dimensional requirements established for the zone in which located. The exterior covering and roofing material of the garage or carport must be compatible with surrounding residences.
d.
Have a minimum width of not less than twenty-four (24) feet with the main floor level not less than one thousand two hundred (1,200) square feet.
e.
Roof must be gable or hip roof of at least three (3) in twelve (12) or greater and covered with material that is residential in appearance including, but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass or metal roof. Except for permitted deck areas, all roof structures shall provide an eaves projection of no less than twelve (12) inches and no greater than thirty (30) inches, excluding gutter dimensions.
f.
Have the main entry door facing the street on which the modular home is located. A hard surface driveway, either concrete or asphalt, shall be installed from the street. A sidewalk shall be installed from the driveway or sidewalk adjoining neighboring lots to the front door. The unit must be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping to the narrow dimension of the unit, as so modified and facing the street, is not less than fifty percent (50%) of the unit's long dimension.
g.
Have exterior surface and window treatments that the maximum extent possible are architecturally compatible with those of neighboring properties, excluding smooth, ribbed, or corrugated metal or plastic panels.
h.
Be placed on a parcel according to a presubmitted and approved plot plan as described on the permit. In addition, a manufacturer's installment manual and an illustration of the finished appearance of the unit must be provided.
i.
Home shall be attached to a continuous permanent foundation, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
j.
The exterior foundation material shall consist of continuous concrete.
k.
Have the tongue and running gear including axles removed.
l.
Maintain a minimum of thirty (30) inches of crawl space under the entire manufactured or modular home.
m.
Have permanent steps set at all exits.
n.
Manufactured homes must have been built to accommodate Zone 3 weather conditions or better.
o.
Must be served by all City utilities meeting the established City requirements prior to receiving service.
p.
Property owner shall declare the manufactured or modular home as real property and must so record with the County Assessor.
3.
Inspections. Each modular home approved for placement on a parcel shall be subject to the following inspections:
a.
Siting to insure zoning requirements.
b.
Foundations prior to placement of the manufactured or modular home.
c.
Manufactured or modular home permanently fastened to the foundation.
d.
Permanent steps at all exits.
e.
The permittee shall give the City of Rogersville Building Inspector notice when the premises are ready for inspection and shall not proceed further until approval has been given by the official pursuant to each inspection.
f.
When the requirements of this Chapter are satisfied, a manufactured home or a modular home shall be permitted to be installed in an "R-1" One-Family Dwelling District as that term is used in this Chapter.
Section 405.566 Landscaping and Screening.
[Ord. No. 895 § 1, 9-18-2017]
A.
All new structures, buildings and parking lots must comply with the landscaping and screening standards of this Article.
B.
If an addition or expansion is proposed to a building or parking lot, the existing and expanded parking lot shall comply with the provisions of this Article.
C.
Exceptions.
1.
Previously approved developments which have been given a permit to begin construction.
2.
Additions to existing structures that are under ten percent (10%) of the gross floor area of the existing structure or five thousand (5,000) square feet, whichever is less.
3.
An application for alternative landscaping schemes is justified only when one (1) or more of the following conditions apply. In such a case, the applicant shall describe in a letter to the Building Inspector which of the requirements set forth in this Article will be met with modifications, which project conditions justify using alternatives and how the proposed measures equal or exceed normal compliance. The request will be evaluated on a case-by-case basis.
4.
Landscaping, screening, fencing and buffer yard standards shall apply to all applicable situations, regardless of requests from adjoining property owners to omit the same.
Section 405.567 Permits.
[Ord. No. 895 § 1, 9-18-2017]
A.
No permits shall be issued for any use for which a landscaping plan is required by this Article until such plan has been submitted to and approved by the Building Inspector.
B.
Prior to the issuance of a permanent certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required in this Article.
C.
The Building Inspector has the authority to deny the issuance of a final occupancy permit until landscaping is installed according to the requirements of this Article and to the satisfaction of the site inspector.
D.
The Building Inspector may approve temporary occupancy permits if occupancy is sought at a time in which it is impractical to plant trees, shrubs or grass, or to lay turf.
Section 405.568 Landscaped Area Requirements.
[Ord. No. 895 § 1, 9-18-2017]
A.
Where Required. All uses must provide and maintain a landscaped area as provided in this Section. Landscaped areas may not include rights-of-way and accessory uses, and must be maintained as a permeable and uncovered surface that contains living material. Required landscaped area is in addition to that portion of the property designated as stormwater detention area. No more than twenty percent (20%) of the required landscaped area may consist of porous non-living materials.
Landscaped Area Requirements | |
|---|---|
Type of Use | Required Landscaped Area (percent) |
Single-family residential | 30% |
Two-family residential | 30% |
Multifamily residential | 20% |
Commercial | 10% |
Industrial | 10% |
B.
Placement of Landscaped Areas.
[Ord. No. 960, 9-5-2019]
1.
Landscaping in the following areas shall be provided:
a.
A minimum of ten (10) feet in width along street frontages; and
b.
A minimum of ten (10) feet in width along all perimeter property lines. This requirement does not apply to single-family detached dwellings.
c.
A minimum of one (1), two (2) inch caliper or greater shade tree located in the front yard.
2.
Plantings shall not be placed within the required sight triangle at the intersection of any public thoroughfares or private driveway connecting to a public thoroughfare according to the table below:
Sight Triangle Requirements | |||||
|---|---|---|---|---|---|
Intersecting Streets | Driveway | Local | Collector | Secondary Arterial | Primary Arterial |
Driveway | A | A | A | A | B |
Local | A | A | A | A | B |
Collector | A | A | A | B | B |
Secondary arterial | A | A | B | C | C |
Primary arterial | B | B | B | C | C |
Key: |
A = ten-foot-by-ten-foot sight triangle |
B = thirty-foot-by-thirty-foot sight triangle |
C = sixty-foot-by-sixty-foot sight triangle |
3.
The utility locations shall be agreed upon prior to submission of landscape plans. Utility easements shall be provided at locations that minimize their impact on required buffer yards and perimeter landscaping. Plantings on utility easements shall be limited to ground cover. Plantings should be such that they reduce conflicts with overhead utilities.
C.
Green space requirements for off-street parking and vehicular use areas. The interior and perimeter of parking lots and vehicular use areas, for uses requiring site plans, shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage which are under, on or within buildings are exempt from these standards. These standards shall only apply to parking lots and vehicular use areas constructed after the effective date of this Section.
1.
Interior landscaping. In all districts, sites containing parking and vehicular use areas totaling thirty (30) or more parking spaces or where the gross area is twelve thousand (12,000) or more square feet shall provide interior landscaping. A minimum of five percent (5%) of the parking or vehicular use area shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area shall be determined by calculating the total area used for parking, including circulation aisles. The following additional criteria shall apply to the interior of parking and vehicular use areas:
a.
A landscaped area must abut paved areas on at least three (3) sides or more than seventy-five percent (75%) of the landscaped area perimeter to qualify as an interior landscape area.
b.
Interior landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs.
2.
Perimeter landscaping.
a.
Perimeter landscaping shall be provided where a parking lot or vehicular use area is within fifty (50) feet of a public right-of-way and there is not an intervening building. Perimeter landscaping areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs.
b.
In all districts, perimeter landscape areas shall contain one (1) canopy tree, one (1) understory, ornamental or evergreen tree and four (4) shrubs per one hundred (100) linear feet. Where utility lines, easements, the width of the landscape area or other conditions not under the control of the developer would not allow canopy trees, each required canopy tree may be replaced by two (2) understory, ornamental or evergreen trees. Where a perimeter landscape area is less than fifty (50) linear feet, only one (1) canopy tree or two (2) understory, ornamental or evergreen trees are required in addition to four (4) shrubs. The remaining area shall be landscaped with grass or other ground cover. Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area at least ten (10) feet in width shall be maintained between the abutting right-of way and the off-street parking or vehicular use area. It is recommended that the trees and shrubs selected for the requisite landscaping should be consistent with those listed in the Missouri Department of Conservation Tree Care Guide, "Right Tree in the Right Place." That list may be obtained at www.mdc.mo.gov/trees-plants/tree-care.
Section 405.569 Right-of-Way Ground Surface.
[Ord. No. 895 § 1, 9-18-2017]
No plant material or barrier required by this Code may be located in a public right-of-way. The ground surface within the public right-of-way must be planted with sod or hydro-seeded with grass, with the exception of driveways, sidewalks and paths.