Valley Park City Zoning Code
ARTICLE V
Supplementary District Regulations
Section 405.190 Purpose.
[Ord. No. 1914 §1(405.190), 5-6-2013]
Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.
Section 405.200 Height Exceptions.
[Ord. No. 1914 §1(405.200), 5-6-2013]
A.
Public And Semi-Public Buildings. In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, there permitted, may be erected to a height not exceeding forty (40) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides 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.
B.
Structural Projections. Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations, except that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%), except as indicated below.
1.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article X, Special Procedures and Regulations of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
C.
Height Of Dwellings. Residential structures in the dwelling districts may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet, but they shall not exceed three (3) stories in height.
Section 405.210 Yard and Setback Exceptions.
[Ord. No. 1914 §1(405.210), 5-6-2013]
A.
Commercial/Industrial Front Yards. In "C-1", "C-2" and "I-1" District, where buildings located in the same block on the same side of a street have provided front yards of greater depth than herein required, the Planning and Zoning Commission may require a similar setback for buildings or structures constructed thereafter.
B.
Determination Of Setbacks. In measuring a yard, the minimum horizontal distance between the proposed right-of-way line and the main building shall be used. The required setback line shall be measured from the proposed right-of-way line or shall be determined by the Community Development Director.
C.
Structural Projections. 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 minimum yard more than thirty (30) inches; and provided further, that canopies or open porches may project a maximum of ten (10) feet into the required front or rear yard, and existing open porches extending into the required yard shall not be enclosed. Mechanical units are specifically excluded from this exception, whether attached or detached.
D.
Fire Escapes/Balconies. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than five (5) feet from the building. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than four (4) feet into a required rear yard.
F.
Sight Triangle. On a corner lot in any district, development shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points thirty (30) feet from their point of intersection or at equivalent points on private streets, except that the site triangle shall be increased for certain uses when deemed necessary for traffic safety by the Community Development Director.
G.
Fences. Not more than six (6) feet in height in side and rear yards permitted, and no fence shall be permitted to extend beyond the front building line, except a decorative fence three (3) feet or less and must be at least sixty percent (60%) open.
H.
Commercial/Industrial Rear Yards. No rear yard shall be required in Districts "C-1", "C-2" and "I-1" or any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway right-of-way or which has a rear railway track connection.
I.
Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
J.
Roof Overhangs. Roof overhangs may project not to exceed eighteen (18) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear yard, but no closer than forty-eight (48) inches to a property line.
K.
Canopy Overhangs. Canopy overhangs for service stations may project a maximum of eighteen (18) inches into required front yards.
L.
Porches. Slab type porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten (10) feet.
Section 405.220 Area Regulations - Maximum Lot Coverage Calculation.
[Ord. No. 1914 §1(405.220), 5-6-2013]
In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in maximum lot coverage requirements.
Section 405.230 Access Regulations.
[Ord. No. 1914 §1(405.230), 5-6-2013]
A.
Access To Business And Industrial Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district, provided however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a planned district development.
B.
Street Access. All lots shall abut a street other than an alley for a width of at least thirty-five (35) feet.
Section 405.240 Accessory Buildings and Structures.
[Ord. No. 1914 §1(405.240), 5-6-2013]
A.
No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building. An accessory building or structure attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this Chapter. Accessory buildings or structures, except garages, must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings or structures (except garages) and recreational vehicle pads must be located in the rear yard of a lot on the interior side.
1.
Attached accessory buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this Chapter pertaining thereto.
2.
Detached accessory buildings and structures.
a.
Height. In any district, a detached accessory building or structure shall not exceed fifteen (15) feet in height and shall not be higher than the main building.
b.
Yard and area requirements. No detached accessory building or structure, except garages, shall be erected in any required front or side yard. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area. No detached building or structure may be erected closer than five (5) feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district. In no case shall any accessory structure be located in a required transition strip. No detached accessory structure shall exceed sixty percent (60%) of the first (1st) floor space of the principal building.
c.
Erection and use. No accessory building shall be constructed upon a lot until the construction of the main building has been commenced. No accessory building shall be used for dwelling purposes, but such accessory building may be temporarily used for storage purposes. The exterior architectural elevations of the new accessory structure must match the exterior architectural elevations of the principal structure provided that any such structure shall have concrete footings, concrete foundations and concrete flooring.
Section 405.250 Home Occupations.
[Ord. No. 1914 §1(405.250), 5-6-2013]
A.
Restrictions And Limitations. Home occupations shall be permitted as an accessory use to a residential use in any district subject to the requirements of this Section.
1.
Home occupations shall be operated entirely from an enclosed structure and shall not occupy more than fifteen percent (15%) of the total floor area of the main residential building, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.
2.
No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence, or other visible evidence of conduct of the home occupation.
3.
No outdoor storage of materials or equipment used in the home occupation shall be permitted.
4.
No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
5.
No equipment shall be utilized that creates a nuisance due to odor, vibration, noise, electrical interference or fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted.
6.
No generation of parking beyond that required for normal occupation of the residence.
7.
A home occupation permit shall be issued only to the individual occupying a dwelling as his/her residence. As such, home occupation permits shall not be transferable and shall terminate upon sale or transfer of the property to a new owner.
Section 405.260 Temporary Uses.
[Ord. No. 1914 §1(405.260), 5-6-2013]
A.
Temporary Use Permit. The Community Development Director is authorized to issue a permit for a temporary use within any zoning district upon approval by the Board of Aldermen provided it meets the requirements of this Section. The permit shall be issued for a specified period of time and shall contain health, safety and traffic regulations and the Board of Aldermen may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances.
B.
Temporary Uses Permitted.
1.
Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the applicable yard setback requirements provided that no display will encroach within the required yard setback for any district by more than fifty percent (50%) and no display or equipment shall be located within the thirty (30) foot sight triangle of a street intersection as defined in this Chapter.
2.
Contractors' offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development after revocation of building permits, or on order by the Community Development Director upon a finding by him/her that said temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with the City of Valley Park.
3.
Real estate offices. Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract:
a.
Within thirty (30) days after all lots or dwelling units have been sold, rented, or leased; or
b.
After the passage of thirty (30) days from the date of the last transaction after ninety percent (90%) of the development has been sold, rented, or leased. A bond in the amount of one thousand dollars ($1,000.00) guaranteeing removal of any such temporary structure or facility shall be posted with the City of Valley Park prior to commencement of use.
4.
Seasonal sales. Seasonal sale of farm produce grown on the premises in an "R-1" District. Structures incidental to such sale need not comply with the applicable front yard requirements, provided that no such structure shall be located within the thirty (30) foot sight triangle of a street intersection as defined in this Chapter. All such structures shall be removed or moved back of the street setback line at the end of the season during which they are used.
5.
Carnivals and circuses. A carnival or circus in conjunction with and sponsored by a church or non-profit organization for a period that does not exceed four (4) consecutive days. Such use need not comply with the applicable yard setback requirements, provided that no structures or equipment shall encroach within the required yard setback for the district in which it is located by more than fifty percent (50%) and no structure or equipment shall be located within the thirty (30) foot sight triangle of a street intersection as defined in Section 405.210(F) of this Chapter.
C.
Temporary Dwelling Structures. No cabin, garage, cellar, basement, or temporary structure whether of a fixed or movable nature may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever.
Section 405.270 Land and Buildings.
[Ord. No. 1914 §1(450.270), 5-6-2013]
A.
Number Of Buildings Permitted Per Lot.
1.
Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses as defined herein, and except for any structure authorized as part of a special procedure requiring submission to the Planning Commission of any type of site development plan for review and approval.
2.
No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.
B.
Approved Lots. Every building or complex of buildings erected or structurally altered after the effective date of this Chapter shall be located on a lot that meets the requirements of both this Chapter and the City of Valley Park subdivision regulations. The open space requirements for the district in which each lot is located must likewise be met.
C.
Conversion Or Change In Occupancy Of A Single-Family Dwelling. In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted to another use without first obtaining a certificate of occupancy. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by a detailed site plan, as provided in Article IX, Site Plan Approval, including a floor plan, showing full compliance with all other applicable regulations of this Chapter.
D.
Minimum Lot Size. Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this Chapter. However, if through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision regulations is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.
E.
Vacated Streets. Whenever any street, alley or other public way property is vacated, the zoning districts adjoining each side of such street, alley, or other public way or property shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
Section 405.275 Outdoor or Open Storage.
[Ord. No. 2142, 11-20-2023]
B.
Subject To A Conditional Use Permit And Site Plan. The location and operation of any outdoor or open storage operation shall require a conditional use permit in accordance with the procedures of Article X, Section 405.610 of this Chapter and be accompanied by a site plan complying with the requirements of Article IX, Site Plan Approval provisions of this Chapter.
C.
Fencing And Lighting. Any such operation shall require sight-proof chain link (or other appropriate material) fencing of the perimeter. Such fencing shall be at least eight (8) feet in height adjacent to any commercial district and shall be ten (10) feet in height adjacent to any residential district. The fenced area shall be gated and locked during any period when the facility is not in operation. The property shall have sufficient lighting as may be determined by the Planning and Zoning Commission at all entry points as indicated on the site plan. Such fencing shall always be kept in good condition.