(a)

Buildings and structures may be erected and used and land may be used for purposes which are clearly incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging or unhealthful to adjacent property or the uses thereof and shall be on the premises of the main use.

(b)

Every accessory building requires a building permit. Application for such a permit shall be made to the chief building official. The building permit for the accessory building may be included on the permit for the main building or main land use if constructed or established simultaneously, otherwise a separate permit will be required.

(c)

The city planner shall determine whether a proposed accessory use, or in the case of an enforcement action, an existing accessory use is permitted under this ordinance. In reviewing and approving an accessory use, the city planner shall find that the proposed use meets the following criteria:

(1)

Is subordinate to and serves a principal use;

(2)

Is subordinate in area, extent or purpose to the principal use served;

(3)

Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal use;

(4)

Is related to the principal use of the property;

(5)

Is located on the same lot as the principal use served;

(6)

Is not injurious, noxious or offensive to the neighborhood;

(7)

Does not exceed 30 percent of the rear yard area inclusive of that area occupied by accessory structures in residential districts; and

(8)

Accessory uses of a storage nature are not located in the front yard area.

In the event the chief building official denies the accessory building, or the city planner denies the accessory use, the applicant may appeal to the board of adjustment as provided in Sections 31-090 and 31-091, or seek a special exception as allowed in subsection 31-050(e).

Any accessory use to a use requiring a conditional use permit is prohibited unless specifically allowed by the conditional use permit.

(d)

Unless otherwise specified in this section or Section 31-055, "height and area regulation exceptions", all attached and detached accessory structures shall conform to the same height and area regulations required of the main use or structure.

(e)

Accessory uses and buildings include, but are not limited to, the following list of examples, provided that each accessory use or building shall comply with all the provisions of this chapter.

(1)

Drop-off boxes at all commercial establishments in C-0 through M-2 zone districts provided the drop-off box:

a.

Is located behind the minimum setbacks required in the respective zones;

b.

Does not eliminate any required parking spaces or is not located in any parking aisle; and

c.

Is located so to preclude blocking any driveway entrance or exit, blocking pass through traffic in the parking aisles and blocking pedestrian access to the main entrance.

(2)

Employee restaurants and cafeterias when located in a permitted business or manufacturing building. (The size of these accessory uses may be no more than ten percent of the gross square footage of the business.)

(3)

Home occupations in accordance with Section 31-051.

(4)

Management offices for multi-tenant properties.

(5)

The operation of service facilities and equipment in connection with schools, hospitals and other similar institutions or uses.

(6)

The overnight parking of any vehicle, other than those specifically allowed in subsection 31-050(g)(1), in a residential district with:

a.

An overall length of less than 22 feet; and/or

b.

A wheel base less than 14.5 feet; and/or

c.

An overall height less than nine feet.

(7)

Recreational uses and structures for the use and convenience of occupants, employees or guests of a principal use or facility.

(8)

Refreshment and service facilities in parks and playgrounds, and in permitted public or private recreation facilities or schools.

(9)

Repair or construction of power boats or racing vehicles may be allowed only in zone districts for which repair or construction of vehicles as a commercial business is permitted. Minor engine tune-ups of personal vehicles or recreational vehicles which are legally stored on a lot may be permitted in residential districts provided the vehicles are owned by the occupants of the dwelling and all repair must take place within a private garage.

(10)

Residential accessory buildings. Garages, carports, parking facilities, tool/storage sheds in residential zoning districts and for residential uses in all other zoning districts, provided:

a.

Attached accessory structures. Garages, carports, parking facilities or tool/storage sheds attached to the main structure shall conform to the same height, area and setback regulations required for the main use or structure, except:

1.

That on a corner lot, a private garage not exceeding the height of the main building may extend into the required rear yard to a point not less than 18 feet from the rear lot line; and

2.

Shall not occupy more than 30 percent of the required rear yard.

b.

Detached accessory structures. Garages, carports, gazebos, parking facilities or tool/storage sheds detached from the main structure shall:

1.

Be located not less than 50 feet from the front property line;

2.

Be not less than three feet from any side lot line not abutting a street. In the case of a corner lot, detached accessory structures shall be located no closer to the street side yard property line than the minimum distance required for the primary structure;

3.

Be not less than one foot from any alley line, except that when the rear lot line is common to a lot line of another lot, such detached structure must be located a minimum of three feet from said rear lot line;

4.

Occupy an area no greater than 30 percent of the rear yard area behind the principal structure; and

5.

Be at least seven feet from the main dwelling.

c.

Detached accessory structures located in the R-1 through R-4 residential zoning districts shall meet the following standards as approved by city staff:

1.

Galvanized metal is prohibited as an exterior building material.

2.

All accessory structures shall have enclosed eaves at a minimum length or depth of twelve inches unless it is a pre-manufactured and/or a pre-assembled wood storage building and under 250 square feet in gross floor area.

3.

Freestanding metal carports and arched steel structures (aka Quonset huts) are prohibited.

4.

All accessory structures shall have a maximum eave height of fourteen feet, and minimum roof slope of a 3:12 ratio.

5.

Structures larger than 1,000 square feet in ground floor area shall meet the following additional requirements:

i.

Exterior materials shall consist of the same or similar materials as the principal structure unless the structure is of a post-frame construction utilizing metal exterior material. In post-frame applications where metal exterior materials are used the exterior must be as follows:

(A)

All building facades that can be viewed from the adjacent or abutting street right-of-way shall at a minimum have exterior decorative accents in the form of brick/stone veneer or other acceptable decorative paneling on the lower portion of the structure.

(B)

The decorative accents shall be a minimum of 36 inches in height as measured from the finished floor elevation.

(C)

The city planner shall determine the acceptability of decorative paneling to be allowed.

ii.

In order to prevent an institutional or uncharacteristic appearance, any wall or facade with a square footage greater than 400 square feet shall have at least one window with a minimum measurement of two foot six inches by three feet six inches or a typical thirty-six inch wide walk-in door.

d.

Detached accessary structures located in the R-5 zoning district shall meet the following standards as approved by city staff:

i.

All accessory structures shall have a maximum eave height of 14 feet.

The requirements of this subsection shall not apply to agricultural operations in residential zoning districts.

(11)

Storage of one boat, travel trailer, RV or pick-up camper in residential districts, but not in the front yard or the street side yard of a corner lot, and provided they are not used as living quarters.

(12)

Telecommunications facilities or antennae support structures as provided for in Article V, Section 31-316 of this chapter.

(13)

Temporary construction trailers used for offices and/or storage, located on a lot for which building permits have been issued, provided the trailer meets the setbacks for an accessory structure and is limited to the duration of construction, not to exceed one year.

(14)

Temporary real estate sales offices, located on a subdivision or property being sold, and limited to the period of sale, but not exceeding two years without a conditional use permit.

(15)

The storage of building materials including, but not limited to, bricks, blocks, cement, concrete, electrical materials, glass, linoleum, lumber, plumbing materials, rocks and tile provided that these materials are to be used for construction on the premises and, if stored for more than 24 consecutive hours in a 30-day period, that they are screened from view of neighboring properties and adjacent streets and alleys, and provided that the storage use is in accordance with the provisions of subsection (c). In no case shall building materials be stored outside of a building on residentially zoned property for a period of time exceeding 90 days.

(16)

Utilities. Public and private utility lines and structures, including, but not limited to, sanitary sewers, storm sewers, water, natural gas, electric, cable television and telephone, subject to the requirements of Section 31-057, "Accessory utility uses and facilities; all districts" and the following additional requirements: Local utilities and utility easements of any non-governmental entity not running perpendicular to the public right-of-way, street, highway or roadway shall be located at a minimum of 15 feet from rights-of-way, provided that such utilities may be authorized in such 15-foot corridor by the city for good cause pursuant to city code Section 29-357 within an exclusive easement granted to the city for utility purposes over which no additional utility easements may be granted or effective. Existing utilities or easements contrary to this provision shall be subject to the provisions for nonconformities to the extent otherwise in compliance with applicable laws.

(f)

Special exceptions: A special exception permit may be granted by the board of adjustment in accordance with the procedures contained in Sections 31-090 and 31-093 for the following accessory uses:

(1)

The parking of any vehicle, other than those specifically allowed in subsection 31-050(g)(1), for more than one night in a residential district with:

a.

An overall length of greater than 22 feet; and/or

b.

A wheel base greater than 14.5 feet; and/or

c.

An overall height greater than nine feet.

(2)

The repair or construction of power boats, racing vehicles or other recreational type vehicle in residential districts.

(3)

The storage of one boat, travel trailer, RV or pick-up camper in the front yard of any residential district.

(4)

Telecommunications facilities or antennae support structures as provided for in Article V, Section 31-318 of this chapter.

(g)

None of the following shall be permitted as an accessory use:

(1)

Equipment, material or vehicles, other than a registered motor vehicle in operable condition, boat, travel trailer, recreational vehicle or pick-up camper as permitted above, for more than 24 hours in a 30-day period in a residential district.

(2)

Storage of any materials not directly related to the principal use of the property and located outside of a building in a residentially zoned district is specifically prohibited except for building materials as provided in subsection (e)(15) and materials customarily associated with a residential use such as, but not limited to, above ground swimming pools and associated equipment buildings, arbors, barbecue pits and grills, firewood neatly stacked, gazebos, operational and licensed vehicles, planters, play structures, toys, trash cans used for normal on-site garbage collection and trellises attached to a building.

(h)

Use limitations. All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located and with the following additional limitations:

(1)

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

(2)

No accessory use shall be permitted in any required front yard unless it is permitted by Section 31-055 or pursuant to subsection 31-050(e)(16) and Section 31-057.

(Code 1969, § 26-420 [Sec. 31-420]; G.O. 1393, 4-22-96; G.O. 1505, 4-7-97; G.O. 1619, 3-23-98; G.O. 1692, 5-3-99; G.O. 1874, 4-1-02; G.O. 1968, 9-29-03; G.O. 2007, 2-2-04; G.O. 2178, 7-3-06; G.O. 2265, 1-14-08; G.O. 2420, 3-7-11; G.O. 2730, 5-27-14; G.O. 2783, 7-20-15)

(a)

Purpose. The purpose of this section is to permit and regulate the conduct of home occupations as an accessory use in a residence, whether owner or renter occupied, and to ensure that such home occupations are compatible with the neighborhoods in which they are located. The intent is to protect residential areas from adverse effects of activities associated with home occupations, while allowing residents of the community to utilize their homes as a work place and a source of livelihood under certain conditions.

(b)

Home occupations permitted. Home occupations include, but are not limited to, the following example occupations:

(1)

Artists, sculptors, authors, photographers and composers.

(2)

Computer programming, personal computer data processing and home computer bulletin board services.

(3)

Direct sale product distribution (Amway, Avon, Tupperware, etc.) provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten customers and shall be held between the hours of 9:00 a.m. and 10:00 p.m.

(4)

Dressmakers, seamstresses, and tailors.

(5)

Hairdresser/barber provided only one person may conduct such activity.

(6)

Home crafts, such as model making, rug weaving, woodworking, ceramics (with a kiln up to six cubic feet) and similar activities, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home, including machinery or equipment that would ordinarily be employed in connection with a hobby or avocation not conducted for gain or profit.

(7)

Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salesmen, sales representatives, manufacturers representatives, home builders, home repair contractors, trash haulers and similar occupations.

(8)

Mail order, not including retail sales from site.

(9)

Music and art teachers or other tutoring services on an individual basis.

(10)

Telephone answering.

(11)

Washing and ironing.

(12)

Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform with all other requirements of this section.

(c)

Use limitations.

(1)

Home occupations shall be carried out by members of the household occupying the dwelling only.

(2)

The home occupation shall be conducted entirely within the principal residential building or in a permitted accessory building.

(3)

No manufacturing or processing of any sort whatsoever shall be done, except as permitted by subsection 31-051(b)(6).

(4)

One wall mounted sign not exceeding one square foot in area is permitted.

(5)

No stock in trade shall be displayed or sold on the premises except for delivery of orders.

(6)

No stock in trade, except articles produced by residents of the premises, shall be stored on the premises.

(7)

No alteration of the principal residential building shall be made which changes the character thereof as a dwelling.

(8)

The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multi-family structure, shall constitute a violation of this section.

(9)

No mechanical or electrical equipment other than normal domestic or household equipment shall be used.

(10)

There shall be no outdoor storage of equipment or materials used in the home occupation.

(11)

The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of 10,000 pounds or less.

(12)

Not more than one vehicle shall be utilized for business purposes.

(13)

No customer waiting areas shall be provided.

(14)

No vehicles shall be parked and no equipment or materials shall be stored for trash haulers, home builders, home repair contractors and similar occupations.

(15)

A business license shall be obtained, if required by other ordinances.

(d)

Particular home occupations prohibited. Permitted home occupations shall not in any event be deemed to include the following types of activities and uses:

(1)

Animal hospitals.

(2)

Auto repairing and painting.

(3)

Massage parlors or massage therapy establishments.

(4)

Medical offices for doctors, dentists and veterinarians.

(5)

Palm reading or fortune telling.

(6)

Shops for contractors and tradesmen, such as electricians, plumbers and carpenters.

(7)

Tanning salons.

(8)

Trash hauler operations other than a home office.

(Code 1969, § 26-100 [Sec. 31-100(a)(11)]; G.O. 1393, 4-22-96)

(a)

Purpose. The purpose of this section is to set forth standards for the placement, construction and architectural appearance of manufactured homes within the city. The intent of this section is to ensure that manufactured homes are compatible with other dwellings in residential neighborhoods and meet a minimum construction, placement and architectural standard while providing an alternative means of affordable home ownership for the residents of the community.

(b)

Occupancy restrictions. Manufactured homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.

(c)

These regulations do not apply to modular homes, which shall be subject to the same zoning standards as site built houses (See Section 31-010 "Definitions").

(d)

Siting requirements. Each manufactured home placed on an individual lot shall:

(1)

Be occupied only as a single-family dwelling and be permitted in the same districts as single family dwellings.

(2)

Be placed in conformance with all zoning and setback requirements established for the district in which located.

(3)

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 district in which located. The exterior covering and roofing material of the garage or carport must be the same as that of the dwelling unit.

(4)

Have a minimum width of not less than 22 feet as measured at all points perpendicular to the length of the manufactured home. This standard is intended to restrict units to the type which are brought to the site in parts, typically two halves.

(5)

Have been manufactured after June 15, 1976.

(6)

Roof must be gable or hip roof of at least three in 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 roofs. Except for permitted deck areas, all roof structures shall provide an eave projection of no less than six inches and no greater than 30 inches.

(7)

Have the main entry door facing the street on which the manufactured home is located. A sidewalk shall be installed from the street, 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 so the narrow dimension of the unit, as so modified and facing the street, is no less than 50 percent of the unit's long dimension.

(8)

Have exterior surface and window treatments that to the maximum extent possible are architecturally compatible with those of neighboring properties, excluding smooth, ribbed or corrugated metal or plastic panels.

(9)

Be placed on a parcel according to a presubmitted and approved plot plan as described on the permit. In addition, a manufacturer's installation manual and an illustration of the finished appearance of the unit shall be provided.

(10)

Units 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.

(11)

The exterior foundation material shall consist of continuous concrete or masonry suitable for the outer portion of a finished residence.

(12)

Have the tongue and running gear including axles removed.

(13)

Maintain a minimum of 18 inches of crawl space under the entire manufactured home.

(14)

Have permanent steps set at all exits.

(15)

Be served by a water supply and sewage disposal system meeting the established city requirements.

(16)

Underground public utilities shall be required.

(17)

Property owner shall declare the manufactured home as real property and must so record with the Buchanan County assessor.

(e)

Inspections. Each manufactured home approved for placement on a parcel shall be subject to the following inspections:

(1)

Siting to insure zoning requirements. Foundations prior to placement of a manufactured home.

(2)

Foundation anchors and utility connections or landings.

(3)

Steps at all doors.

(4)

The permittee shall give the chief building official 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)

Nonconformity. All legal existing occupied mobile and/or manufactured homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform with the requirements of this ordinance. Previously established special use permit renewal requirements shall no longer be required of owners of such mobile and/or manufactured homes. Any such existing mobile and/or manufactured home shall be removed when unoccupied for a period in excess of 12 months.

(g)

Temporary accessory use—Act of God. In the event of destruction of an existing single family residence by accident or act of God, it shall be permitted to have a mobile and/or manufactured home placed on site where there is sufficient room to accommodate the mobile and/or manufactured home and still permit safe reconstruction of the single family dwelling. Such a mobile and/or manufactured home shall not be required to conform to the site, placement, width, setback or "consistency with neighborhood appearance" requirements of this ordinance, but shall be permitted only so long as good faith efforts are underway to complete reconstruction of the original dwelling, not to exceed 12 months, at which time the mobile and/or manufactured home shall be removed.

(h)

Violations. Violators of this section shall be subject to the usual penalties for violation of the zoning ordinance specified in Section 31-073.

(i)

Mobile homes by definition shall be allowed in R-5 zoning district only.

(Code 1969, § 26-050; G.O. 1147, 1-31-94; G.O. 1272, 3-27-95 [Sec. 31-050]; G.O. 1393, 4-22-96; G.O. 1808, 12-27-00)

(a)

Purpose. The purpose of this section is to establish regulations pertaining to the design and number of off-street parking for land use activities located in the various zone districts and to provide for the safety and convenience of property owners, occupants of dwellings, employees and customers.

(b)

General regulations.

(1)

For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, except those located in district C-2, off-street parking in the form of garages, carports or open areas made available exclusively for that purpose shall be provided as specified in this section.

(2)

Handicapped accessible parking spaces as specified below shall be provided when parking lots are resurfaced or restriped.

(3)

Prior to surfacing, resurfacing or restriping any parking lot in any zone district, except for single-family and two-family dwellings, a permit must be obtained from the chief building official. A parking layout plan identifying parking stalls, handicapped accessible stalls, and aisles must accompany any permit application.

(4)

Parking areas shall be dimensioned as follows:

a.

The parking area provided for each standard size car space shall be at least nine feet in width by 30 feet in length.

b.

In parking lots, the minimum striped parking stall length for standard parking spaces shall be 18 feet, the remaining 12 feet shall be for back-up space.

c.

In the case of parallel parking, the minimum standard size parking area shall be at least nine feet in width by 22 feet in length.

d.

The parking area provided for each compact size car space shall be at least eight feet in width by 28 feet in length.

e.

In parking lots, the minimum striped parking stall length for compact parking spaces shall be 16 feet, the remaining 12 feet shall be for back-up space.

f.

In the case of parallel parking, the minimum compact size parking area shall be at least eight feet in width by 18 feet in length.

g.

In no case, for either standard parking lot aisles or compact parking lot aisles, shall the minimum aisle width be less than 18 feet.

h.

A two foot overhang over landscaped areas or sidewalks, as long as it does not cause disruption to pedestrian traffic, may be permitted.

i.

Compact spaces shall be designated as such by informational signs or the letter "C" marked at the entrance of the parking space.

j.

The maximum number of compact parking spaces shall not exceed 30% of the total number of parking spaces, except for single family dwellings and two-family dwellings where no compact spaces are permitted.

k.

Other parking requirements: For any uses or structures not provided for in Table 31-053 (see page 106), the director of community services shall determine the necessary number of parking spaces, the maximum distance of the parking area from the main building and the maximum width of parking entrances and exits based on all parking generating factors involved and likely future uses of the property. The applicant may seek relief from the director's determination regarding this subsection by applying to the Board of Adjustment in accordance with Section 31-091.

l.

Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, the fraction shall be rounded to the nearest whole number.

(5)

For projects in planned development districts, the parking requirements contained in Table 31-053 (see page 106) function as guidelines. Within such districts, the commission or city council may approve a development plan which deviates from these requirements if an applicant provides a parking study which supports such deviation.

The parking study required by this subsection shall contain the following information:

a.

The hours of operation of each building, structure and/or use which is to be part of the deviation.

b.

The projected parking demand for each building, structure and/or use during each hour of the day. Hourly parking demand may be averaged for weekdays, but shall be separately stated for Saturday and Sunday.

(6)

No portion of a parking area, except the necessary drives, shall extend into a public street or alley.

(7)

Any lights used to illuminate parking areas in any zone district shall be shielded or directed so to preclude the light source from being visible from off the site as measured at a height of five feet at the property line.

(8)

All parking spaces shall be maintained at all times so that striping, and signs and markings for handicapped parking stalls are clearly identifiable and visible.

(9)

All parking areas in all districts shall be paved with an impervious surface such as concrete, asphalt or other such material, with the exception of:

a.

Parking areas with 50 or less spaces in subdistrict "Distribution/Warehousing/ Light Manufacturing District B-P(D)", which may have loose gravel; and

b.

Parking in the rear yards of properties that are zoned for single-family use.

In the case of either subsection a. or b. where gravel is intended to be used, it must be contained within a defined area created by railroad ties, landscape timbers, masonry block or other method that is approved by the city planner.

(10)

All parking spaces must be clearly striped as definitive automobile spaces.

(11)

All parking aisles must have a circular access. No dead end parking aisles are permitted, unless approved as part of a planned unit development plan or through a variance as provided in Section 31-071.

(12)

All required off-site parking shall be provided on the same lot as the main building(s) or within a designated distance from the site as shown on Table 31-053.

(13)

Table 31-053 defines the required number of parking spaces for uses within the zone districts.

(14)

Loading space for commercial and industry: Any commercial or industrial building, hospital, institution or hotel hereafter erected, constructed, reconstructed or altered, in any district, shall provide off-street facilities on the lots for the loading and unloading of merchandise and goods within or adjacent to the building in such a manner as not to obstruct pedestrian or traffic movement on the public walks, streets or alleys.

(15)

Except for single-family and two-family dwellings:

a.

Accessible off-street parking spaces shall be provided for all other uses.

b.

Each accessible parking space shall be at least eight feet by 30 feet, each stall shall have a minimum 60 inch demarcated aisle adjacent to the parking space, the demarcated aisle must be as long as the parking space or universal parking spaces (16 feet by 30 feet) may be provided instead of separate standard and van spaces; (designated van spaces are not required under this design) and each shall be identified by a pole or wall sign (12 inches by 18 inches), 48 to 60 inches above the ground inscribed with the international symbol of accessibility in white on a blue background, and the requirements for each space shall not be modified by the board of adjustment.

c.

Said accessible space may be included in the total number of off-street parking spaces to be computed.

d.

Parking spaces for persons with disabilities shall be located as close as possible to elevators, ramps, walkways and entrances.

e.

Parking spaces should be located so that persons with disabilities are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators.

f.

The number of accessible parking spaces shall be calculated as follows:

g.

For every eight or fraction of eight accessible parking spaces, at least one shall be a van-accessible parking space. This space(s) must have a minimum of a 96-inch wide accessible aisle and a minimum of 98 inches vertical clearance. Signage designating the space as "van accessible" must be provided below the symbol of accessibility.

h.

Medical facilities: Ten percent of parking spaces provided for medical outpatient facilities shall be accessible. Twenty percent of parking spaces provided for medical facilities that specialize in treatment or services for persons with mobility impairments shall be accessible.

(16)

Shared parking areas. The parking spaces required of two or more uses located on the same lot may be combined and used jointly, provided, however:

a.

Where off-street parking space is combined and used jointly by two or more uses having different standards for determining the amount of off-street parking space required, the parking space shall be adequate in area to provide the aggregate number of off-street parking spaces required for all such uses.

b.

Where off-street parking space is combined and used jointly by two or more uses having the same standard for determining the amount of off-street parking space required, all such uses, for the purposes of this section, shall be considered as a single use and the gross floor area of all such uses in all structures on the same lot or the number of seats, beds or other applicable standard of all uses in all structures, on the same lot, shall be taken as a single total for the purpose of determining the number of off-street parking spaces required.

(17)

Exceptions.

a.

The off-street parking requirements in this section shall not apply to structural changes in existing buildings which do not expand the building horizontally or vertically or increase the usable floor space or to changes in occupancy of a building unless the use is changed.

b.

Buildings and structures in a zone that has been designated as a historic district that do not have the number of off-street parking spaces required by this section shall not be required to provide any additional parking that would otherwise be required by a change in use, an expansion of the building or structure, or reconstruction after the building or structure has been destroyed or damaged by fire or other casualty, provided:

1.

The number of existing off-street parking spaces is not diminished;

2.

An attempt has been made to provide all required spaces, but more parking would significantly change the character of the site as viewed from the street or another historical perspective; and

3.

A certificate of appropriateness is issued by the landmark commission pursuant to Section 31-179 of this chapter.

c.

The number of off-street parking spaces required in this section may be deferred and, in lieu thereof, be set aside as a landscaped area, upon approval of the community services director provided that:

1.

Acceptable proof of a reduced parking need based on the proposed use, number of employees, number of company vehicles and the number of expected visitor trips to the property is submitted to and approved by the director of community services, and;

2.

A site plan which shows the building location(s), existing and proposed parking spaces, the area of deferred parking showing the parking space layout if the parking were to be installed and a landscape plan is submitted and approved by the community services director; and

3.

A parking deferral agreement provided by the city is signed and executed by the person wishing to obtain the deferral.

(18)

Special exception for off-street parking. The board of adjustment may grant a special exception from the minimum off- street parking requirements as provided in Sections 31-090 and 31-093. The board of adjustment may place conditions upon the granting of a special exception, and may require that the parking area not required upon the granting of the special exception be landscaped.

(Code 1969, § 26-450; G.O. 760, 2-20-90 [Sec. 31-450]; G.O. 1393, 4-22-96; G.O. 1685, 4-5-99; G.O. 2176, 6-19-06; G.O. 2196, 9-25-06; G.O. 2706, 10-14-13)

Editor's note— G.O. 1870, passed 2-4-02, amended Table 31-053.

(a)

Purpose. The purpose of these fences and hedges regulations is to establish criteria for the location, maintenance and appearance of privacy fences and hedges. The intent is to limit the amount of privacy fencing in order to promote the open, unencumbered characteristics St. Joseph has established over the years and ensure the safe visibility of pedestrian and vehicular traffic.

(b)

Permit required. Except as provided for single strand electrical wires, a fence permit shall be obtained and the required fee paid as set out in subsection 7-400(11) before installation of any fence. A diagram indicating the location of the proposed fence, property lines, setbacks and buildings, and a typical detail of the fence showing the material and general appearance of the fence shall be submitted with the permit request.

(c)

For all property within the city, no person or business shall erect or maintain a sight-obscuring fence forward from the front building line, excluding any and all porches, decks, patios or similar appurtenances, except where otherwise authorized by this Code.

(d)

Fences over three feet in height and with more than 50 percent obscured shall be deemed to be a sight-obscuring fence.

(e)

In no case shall a sight-obscuring fence, hedge, tree or other visual barrier be placed or maintained in excess of three feet high within a street or driveway intersection sight visibility triangle as defined in Section 31-113 of this Code of Ordinances. Trees within a street or driveway intersection sight visibility triangle shall be kept trimmed so the tree canopy is no less than ten feet high.

(f)

Fences shall not exceed four feet in height in any front yard area, six feet in height in any side yard area and eight feet in height in any rear yard area of any property used for residential purposes. In addition:

(1)

No person shall erect a fence over four feet high or more than 50 percent sight obscured between two primary structures in a residential area on adjoining parcels if the total distance between the primary structures on adjoining parcels is less than 12 feet.

(g)

Commercial or industrial buildings adjacent to residential properties shall install a six foot high sight-obscuring fence constructed of a consistent solid material such as wood or block. The fence shall be so constructed so that the finished side is facing the residential properties.

(h)

Fences or hedges/landscape materials shall be required to screen storage areas allowed in all commercial and industrial districts and shall be of sufficient height to screen the storage from adjacent public right-of-way and adjacent properties. If screening is required to exceed eight feet in height, then landscaping material shall be utilized to soften the impact and add to the screening. Trees that will grow to a sufficient height to screen storage from adjacent properties shall be utilized where the terrain is such that a screen exceeding ten feet in height is needed.

(i)

The height of a fence shall be measured from the highest adjoining finished grade.

(j)

No person shall erect or maintain any barbed wire fence except under the following circumstances:

(1)

When the barbed wire fence is erected and maintained as an integral part of the security fence for nonresidential properties only, provided that the barbed wire is not maintained within five feet of the ground; or

(2)

When the barbed wire fence is erected or maintained around a tract of land used for agricultural purposes as defined by the zoning laws of the City of St. Joseph.

(3)

In no case shall razor wire be permitted in any zone within city limits except as used by official governmental agencies.

(k)

No person shall erect or maintain any electrical fence unless in conformance with the following provisions:

(1)

All electric fences shall comply with minimum specifications of the Underwriters' Laboratory, and shall be installed in accordance with the National Electric Code adopted by the city.

(2)

Fences which may continuously conduct electric current may be allowed only on agricultural land to be used to raise livestock.

(3)

Single-strand wires designed to conduct electricity through an approved low-voltage regulator shall be allowed only along the interior base line of an otherwise permitted fence. No permit shall be required for the erection and maintenance of such single-strand electric wires.

(l)

No fence shall be constructed within any drainage easement or floodway unless the city engineer has advised the chief building official that the fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement or floodway.

(m)

All fences shall be designed, erected and maintained in accordance with the following:

(1)

All fences shall be maintained in good re-pair and in their original upright position.

(2)

No fence shall be maintained with protruding nails, boards, wires or other similar materials.

(3)

All fences shall be constructed of a consistent material such as chain link, wood, concrete block, brick, stone, wrought iron or other like material.

(4)

Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

(5)

All fences shall be constructed with the finished side facing outward from the property or with both sides finished. The post and support beams shall not be on the outside.

(6)

Wood fences shall be constructed of material which is naturally resistant to insects and decay or has been treated to resist insects and decay underground.

(7)

All posts used for any type of fencing shall be set in a concrete base.

(n)

Any swimming pool area, where the pool depth is two feet or more, shall be entirely enclosed and separated from the remainder of the property by a protective fence or other permanent structure at least four feet in height, with locked gates or entrances. A permanent fence shall be in place during construction of any pool. Arrangements may be made with the chief building official to provide a temporary section of fence during pool construction to allow for ingress and egress. A sight-obscuring or other approved fence constructed on the property lines adjacent to the pool may be considered a protective fence meeting this requirement.

(o)

Violations of this section shall be remedied in accordance with Section 31-073 of this Code of Ordinances.

(p)

For the fencing of vacant lots, the required setbacks of the subject property's zoning district will be considered for the purposes of permitting a sight-obscuring fence over four feet in height. Fences must be constructed as far into the property that would meet the requirement of a front setback where the "face" of the building would be if the property were not vacant. On and behind this line may be a sight obscuring fence greater than four feet in height.

(Code 1969, § 26-470; G.O. 775, 3-19-90 [Sec. 31-470]; G.O. 1393, 4-22-96; G.O. 1447, 8-26-96; G.O. 1990, 11-24-03; G.O. 2116, 8-1-05; G.O. 2899, 2-25-19; G.O. 3026, 4-4-22)

(a)

The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements in the foregoing sections of this ordinance, shall be subject to the following exceptions and additional regulations:

(b)

Height.

(1)

In any district having height restrictions, public or semipublic buildings, such as hospitals, hotels, churches, sanitariums, or schools, either public or private, where permitted, may be erected to a height not exceeding 100 feet, provided that such buildings shall have yards which shall be increased one foot on all side for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

(2)

Dwellings in districts R-1A, R-1B, R-2, or R-3 may be increased in height not exceeding ten feet in addition to the limitations prescribed in such districts, provided that two side yards of not less than 20 feet in width each are provided. In no case shall such dwellings, however, exceed three stories in height.

(3)

Parapet walls and false mansards may extend up to six feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter enacted laws affecting the same.

(c)

Yard exceptions:

(1)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves, provided, however, that none of the above projections shall extend into a required yard more than 30 inches, and provided further that canopies or open porches may project a maximum of ten feet into the required front or rear yard; and existing open porches extending into the required yard shall not be enclosed.

(2)

Required front yards in all districts shall apply unless 40 percent or more of the frontage on that side of the street between two intersecting streets is improved with buildings that have observed a front yard having a variation in depth of not more than six feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than 50 feet.

(3)

On corner lots where the rear yard of the subject lot abuts the side yard of an adjacent lot, the street side yard setback shall not be less than 50% of the front yard required on the lots in the rear of such corner lot. In addition, no accessory building on said corner lot shall project beyond the front yard line of lots in the rear.

Further this regulation shall not be interpreted as to reduce the buildable width of the lot, to less than 28 feet, nor to prohibit the construction of an accessory building where this regulation cannot reasonably be complied with.

(4)

An open fire escape may project into a required side yard not more than one-half the width of such yard, but not more than four feet from the building.

(5)

Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four feet into a required rear yard.

(6)

A terrace garage shall be allowed in a front or side yard, provided it is completely recessed into said terrace, and that the height of the terrace is sufficient to cover and conceal from above such structures, and provided further that the doors, when open, shall not project beyond the property line.

(7)

In computing the depth of a rear yard for any building, where such yard opens onto an alley, one-half of such alley may be assumed to be a portion of the rear yard.

(8)

The front, side and rear yard requirements for dwellings shall be waived where dwellings are erected above or attached behind stores.

(9)

In computing the side yard for an addition to an existing building, where such addition would violate the zoning district minimum side yard requirements, the side yard of the existing building shall be used as a minimum distance thereof, provided, written permission, evidenced by the notarized signature, of the adjacent property owners approving this building line is obtained prior to the application of a building permit.

(10)

In the event that the usable rear yard area equals, or exceeds, 30 times the lot width, the minimum rear yard setback may be 20 feet.

(11)

Gasoline service stations may erect a canopy of at least 15 feet in height above the gasoline pumps within the front yard setback area, provided the minimum setback from the front property line is one foot. This yard exception shall not apply to any service station located along any of the city's designated parkway systems or any street designated as a boulevard as identified in the city's land use plan and within the boulevard system master plan.

(Code 1969, § 26-440 [Sec. 31-440]; G.O. 1393, 4-22-96; G.O. 2351, 11-2-09)

(a)

Nonconforming uses continued or changed. The lawful use of a building or land existing at the time of the effective date of this ordinance or any amendments thereto may be continued even though such use does not conform to the provisions or amendments of this chapter.

(b)

Nonconforming use due to change in zoning. Whenever the use of a building or land becomes nonconforming through revision, change or amendment to the zoning ordinance or zoning district map such nonconforming use shall be subject to all of the provisions of this section just as if such nonconforming use had existed at the passage of this ordinance.

(c)

Nonconforming use discontinued. In the event that a nonconforming use of any building or land is discontinued for a period of two years or more, the use of the same shall thereafter conform to all regulations of the district in which it is located.

(d)

Nonconforming use enlarged. A nonconforming building or a nonconforming use may not be enlarged, extended, reconstructed or altered unless such use is made to conform to the regulations of the district in which it is located.

(e)

Nonconforming use destroyed or damaged.

(1)

Residential areas. When a nonconforming residential structure is damaged by fire, explosion, or other casualty, act of God or the public enemy, it may be restored, rebuilt or repaired to its approximate original size, provided such restoration is completed within 12 months of the date of damage or the conclusion of litigation to resolve conflicts related to such damage.

(2)

Commercial or manufacturing. Except as set forth in subsection 31-056(e)(1), when a nonconforming building or a nonconforming use is damaged by fire, explosion, or other casualty, act of God, or the public enemy to the extent of more than 50 percent of its reasonable value, not including the value of foundations, it shall not be restored, rebuilt or repaired unless it is made to conform to the regulations of the district in which it is located. Except as set forth in subsection 31-056(e)(1), if a nonconforming building or a nonconforming use is damaged by fire, explosion, or other casualty, act of God or the public enemy to the extent of 50 percent or less of its reasonable value, not including the value of foundations, it may be restored, rebuilt, or repaired to its approximate original size, provided such restoration is completed within 12 months of the date of damage or the conclusion of litigation to resolve conflicts related to such damage.

(f)

Whenever a nonconforming use has been changed to a conforming use, or to a use of higher zoning classification, such use shall not thereafter be changed to a nonconforming use of lower classification.

This section shall not require any change in any existing building or structure, or in the plan, construction or designated use of a proposed building for which a building permit has been issued and construction has been commenced in good faith prior to the passage of this ordinance, and the construction has been diligently prosecuted to its completion.

(g)

Notwithstanding anything to the contrary herein, a nonconforming use in the business park zoning district, except residential uses, may be extended, enlarged or reconstructed by up to 25 percent of its gross floor area and/or ground area on the same lot or on an adjacent lot provided that:

(1)

Such extension, enlargement or reconstruction is subject to site plan review and approval and issuance of a conditional permit as set forth in Section 31-070 hereof;

(2)

The extension, enlargement or reconstruction of the nonconforming use conforms with the height and area regulations and the design standards for the business park zoning subdistrict in which the use is located; and

(3)

The nonconforming use is subject to site plan review and approval to ensure conformance of such use as extended, enlarged or reconstructed, with the landscape setback/buffer area design standards and parking lot landscaping design standards for the business park zoning subdistrict in which the use is located.

(h)

Notwithstanding anything to the contrary herein, a nonconforming building in the business park zoning district, except buildings used for residential purposes, may be extended, enlarged or reconstructed by up to 50 percent of its gross floor area on the same lot or on an adjacent lot provided that:

(1)

Such extension, enlargement or reconstruction conforms with the height and area regulations for the business park zoning subdistrict in which the building is located or the height and area standards of the existing nonconforming building, whichever is less restrictive;

(2)

Such extension, enlargement or reconstruction conforms with the landscape setback/buffer area and screening standards and the parking lot landscaping design standards for the business park zoning subdistrict in which the building is located; and

(3)

A nonconforming building shall in no event be required to conform with any regulation or standard which would necessitate a structural alteration to such building.

(Code 1969, § 26-430; G.O. 758, 2-20-90; G.O. 770, 3-5-90 [Sec. 31-430]; G.O. 1393, 4-22-96; G.O. 2967, 9-10-20)

Every public utility, cable company, video service provider and other users of the city rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this section regarding the placement of accessory utility facilities on public or private property. For purposes of this section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets, or other ground-mounted or below-ground facilities that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area, and otherwise are customarily found in such areas. Except where limited by other provisions of city ordinance, accessory utility facilities shall be subject to the following supplementary regulations:

(1)

Approval; design; location; application; notice. The design, location, and nature of all accessory utility facilities on private or public property shall require approval of the city, which approval shall be considered in a nondiscriminatory manner, in conformance with this section, and subject to reasonable permit conditions as may be necessary to meet the requirements of this section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the city and submit detailed plans for the city's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all private property owners within 185 feet of the location of the proposed construction, excavation or other work. Notice shall include detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration when the proposed work will be undertaken. Notice shall be given at least five business days prior to the commencement of any such work. In considering individual applications or multiple location applications, the city shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight-lines, or degrade the aesthetics of the adjoining properties or neighborhood, and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, utility facilities subject to this subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by RSMo 67.2707.1(3), the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the city to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the city to reimburse the city for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

(2)

General regulations. The following general regulations apply to all accessory utility facilities:

a.

All such facilities shall be placed underground, except as otherwise provided in subsections (c) and (d) herein or as approved by conditional use permit.

b.

All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.

c.

All facilities and utility boxes shall be deemed abandoned after six continuous months of non-use, and shall therefore be removed within 30 days thereafter at the cost of the utility. Land from which abandoned facilities or utility boxes are removed, whether on private or public property, shall be restored within 30 days of removal by the facility owner or have costs of such remedies charged to the facility owner. The facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.

d.

Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to 45 feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position, and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the city as necessary due to the lack of feasible alternatives.

e.

Utility facilities placed in designated historic areas may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.

f.

Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be remedied by the facility owner within 30 days of such damage.

g.

No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.

h.

All such facilities proposed to be located within a historic district shall be required to obtain a certificate of appropriateness in accordance with the provisions set forth in Article III of this Chapter 31 of the City Code.

i.

All utility facilities not authorized by this subsection or specifically addressed elsewhere in this Code shall be authorized only by a conditional use permit pursuant to Article I of this Chapter 31 of the City Code.

(3)

Residential districts. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than three and one-half feet in height and covering less than eight square feet in area may be installed above ground with the prior approval of the city. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public right-of-way unless otherwise approved by the city upon a determination that all other alternatives are not feasible.

(4)

Non-residential districts. In non-residential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five feet and covering less than 16 square feet in area may be installed above ground with the prior approval of the city. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the city upon a determination that all other alternatives are not feasible.

(5)

Landscape screening. A sight-proof landscape screen shall be provided for all authorized above ground facilities taller than three feet in height or covering in excess of four square feet in size. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the city prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, repair, or replacement of screening materials. Alternative screening or concealment may be approved by the city to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from any public property and more than two residential dwelling units. Any required screening shall be completed within the timeframe set forth in the permit required under this section, or not less than 30 days from issuance of the permit, if not otherwise stated.

(6)

Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the city code, including but not limited to building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this section shall not apply to any circumstance or entity in which application under such circumstances is preempted or otherwise precluded by superseding law.

(G.O. 2265, 1-14-08)

(a)

Shipping containers, up to three, are permitted on building sites in residential, commercial or manufacturing zoning districts. If a contractor, builder, owner or other individual associated with the construction at any given property within a residential, commercial, or manufacturing zoning district has a need for more than three shipping containers at one time for building materials they must request a permit for additional storage containers from the planning and community development director. Storage containers on the above-mentioned construction sites will be allowed 15 days prior to the commencement of construction and must be removed within 15 days after the completion of construction on the property.

(b)

Shipping containers may be used as storage units on property that is zoned M-1 or M-2 (light manufacturing and heavy manufacturing) and the owner of the property shall inform the city if hazardous waste or chemicals are stored in these shipping containers.

(c)

Shipping containers cannot be used on land that is zoned C-0, C-1, C-2 and C-3 commercial districts. Businesses located in a C-3 zoning district can request a conditional use permit (CUP) for the use of shipping containers for storage. No business will be allowed more than ten shipping containers on their property.

(d)

Shipping containers are not allowed in a residential zoning district or property that is residential in character for purposes of storage. The use of shipping containers for the construction of a residential dwelling unit in any residential zoning district or property that is residential in character may be allowed by the granting of a variance or exception through the board of zoning adjustment.

(G.O. 2862, 7-2-18)