Wentzville City Zoning Code

ARTICLE II

DISTRICT REGULATIONS

Sec. 405.160.- "A" Agricultural District.

(a)

Purpose. This district represents those areas of the city which principal use is agriculture, farming, open space and related uses, and single-family dwellings on large sized lots. The regulations of this district are designed to ensure harmony with the principal uses of this district.

(b)

Permitted uses.

(1)

Agriculture, farming, dairy farming, livestock and other uses of similar character, vehicles and machinery that are incidental to such agricultural uses and products grown on the property to be sold or marketed. Small or large animals, fish or poultry may be raised or kept, provided that no structure for the storage of hay, feed, manure or feed lot shall be located less than 100 feet from a property line.

(2)

Cemetery on site not less than 20 acres.

(3)

Places of worship, such as churches, temples, synagogues and related uses.

(4)

Home occupations as regulated by section 405.460.

(5)

Public park or playground.

(6)

Public or private school (grades K through 12).

(7)

Railroad right-of-way.

(8)

Reservoirs.

(9)

Sewage treatment plants, lift stations and related facilities for providing service to the public.

(10)

Single-family dwellings.

(11)

Utility substations for electric, gas or telephone.

(12)

Wildlife reservations, forest, conservation uses and fishing.

(13)

Accessory uses and buildings incidental to the above uses when located on the same lot; examples are utility sheds, personal greenhouses/garden houses (non-commercial), swimming pools, decks, unattached carports and garages and satellite dishes if 18 inches or less in diameter mounted independently or attached to the residence. Private stables, provided that stables are 50 feet from all property lines. One horse or pony per acre.

(14)

Group home.

(c)

Conditional use.

(1)

Airport or landing field.

(2)

Banquet center, including accessory facilities.

(3)

Bed and breakfast residence.

(4)

Campgrounds and day camps.

(5)

Day care, special or private school.

(6)

Excavation or extraction of sand, gravel, topsoil or other material.

(7)

Golf course, driving range, putting greens, club house or golf shop, miniature golf course operated only as an accessory use to golf course or driving range.

(8)

Greenhouse (commercial), farmstand or nurseries.

(9)

Institutions (educational, museums, libraries, hospitals, nursing, rest or religious homes).

(10)

Kennels, provided that buildings or pens are 150 feet from all property lines.

(11)

Public building or facility erected by a governmental agency.

(12)

Recreational facilities including lakes, swimming pools, boarding stables, rodeo or fairgrounds and athletic fields.

(13)

Veterinary clinic.

(14)

Medical marijuana cultivation facilities.

(15)

Liquor by the drink accessory to approved non-residential and non-agricultural land uses.

(d)

Regulations and performance standards.

(1)

Minimum lot area. Three acres.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 50 feet.

Side yard. Not less than 30 feet, except in the case of a corner lot where the side yard on the street side shall not be less than 50 feet.

Rear yard. Not less than 50 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply:

Dwelling and non-farm buildings and structures. Not to exceed 2½ stories or 35 feet.

General and specialized farm buildings and structures. Not to exceed 50 feet.

(5)

Maximum lot coverage. Maximum lot coverage by structures shall not exceed 35 percent.

(6)

Minimum dwelling size. 1,200 square feet on the main floor living space.

(7)

Off-street parking. Two off-street parking spaces shall be provided for each single-family dwelling (see article V of this chapter for additional regulations).

(8)

Performance standards. As required in article IV of this chapter.

(9)

Protective screening. All exterior solid waste containers and container racks and stands shall be screened from public view. Enclosures shall have a concrete floor and shall be constructed of masonry, wood or vinyl sightproof treatment; excluding single-family residential.

(10)

Utilities. Any area zoned "A" Agricultural District shall be served by public water and sewer if such utilities are located within 100 feet. (See section 410.340 for underground wiring regulations.)

(Code 2006, § 405.080; Code 2008, § 405.080; Ord. No. 1546, § 1, 8-11-1999; Ord. No. 1726, §§ 1—4, 1-24-2001; Ord. No. 2011-3166, § 1, 8-24-2011; Ord. No. 3328, § 2, 9-25-2013; Ord. No. 3962, § 2, 5-22-2019; Ord. No. 4004, § 1, 9-11-2019)

Sec. 405.170. - "R-1A," "R-1B," "R-1C," "R-1D," and "R-1E" Single-Family Residential Districts.

(a)

Purpose.

(1)

The intent of these districts are to represent those areas of the city which principal use is detached single-family dwellings on minimum lot sizes varying in size as follows:

"R-1A"	One acre
"R-1B"	20,000 square feet
"R-1C"	12,000 square feet
"R-1D"	9,000 square feet
"R-1E"	8,300 square feet

(2)

These districts provide for low density, single-family residential development on lots where water and sewer facilities are provided. Also, these districts allow for land uses, that are incidental to and accessory, as may be necessary within residential surroundings.

(b)

Permitted uses.

(1)

Single-family dwellings that are conventional-built buildings or structures.

(2)

Places of worship, such as churches, temples, synagogues and related uses.

(3)

Home occupations as regulated by section 405.460.

(4)

Public park or playground and recreational areas within subdivision common ground areas.

(5)

Public or private school (grades K through 12).

(6)

Group home.

(7)

Accessory uses and structures to the above uses when located on the same lot; examples of that are utility sheds, personal greenhouses/garden houses (non-commercial), swimming pools, decks, unattached garages and satellite dishes, if 18 inches or less in diameter mounted independently or attached to the residence.

(c)

Conditional uses.

(1)

Cemetery on site not less than 20 acres.

(2)

Day care, preschool, special or private school.

(3)

Golf course, driving range, putting greens, club house or golf shop, miniature golf course operated only as an accessory use to golf course or driving range.

(4)

Public botanical gardens.

(5)

Public building or facility erected by a governmental agency.

(6)

Private clubs.

(7)

Public utility facilities or substations for electric, gas and telephone.

(8)

Railroad right-of-way and pipeline right-of-way.

(9)

Recreational facilities, including fishing, lakes, tennis or swimming clubs, parks, picnic grounds or similar activity including accessory facilities.

(10)

Non-traditionally designed single-family dwellings that are built within an established residential development.

(11)

Liquor by the drink accessory to approved non-residential land uses.

(d)

Regulations and performance standards.

(1)

Minimum lot area.

"R-1A": One acre.

"R-1B": 20,000 square feet.

"R-1C": 12,000 square feet.

"R-1D": 9,000 square feet.

"R-1E": 8,300 square feet.

(2)

Minimum lot width at the building line.

"R-1A": 100 feet.

"R-1B": 100 feet.

"R-1C": 80 feet.

"R-1D": 75 feet.

"R-1E": 70 feet.

(3)

Minimum yard requirements.

Front yards.

"R-1A": 35 feet.

"R-1B": 35 feet.

"R-1C": 25 feet.

"R-1D": 25 feet.

"R-1E": 25 feet.

Side yards.

"R-1A": 20 feet.

"R-1B": ten feet.

"R-1C": 7 feet.

"R-1D": 7 feet.

"R-1E": 7 feet.

Rear yards.

"R-1A": 35 feet.

"R-1B": 35 feet.

"R-1C": 25 feet.

"R-1D": 25 feet.

"R-1E": 25 feet.

(4)

Height requirements.

Maximum height of a building is 2½ stories or 35 feet.

Accessory buildings or structures shall be no higher than the primary structure.

(5)

Maximum lot coverage. Maximum lot coverage by building or structures shall not exceed 35 percent of the lot area.

(6)

Minimum dwelling size (living space, excluding garages). 1,200 square feet on the main floor, or 1,800 square feet total for the main and second floors.

(7)

Utilities. Any area zoned as a single-family residential district shall be served by public water and sewer facility. All utility lines, including electrical wiring and telephone is underground. (See section 410.350 for underground wiring regulations.)

(8)

Off-street parking requirements. Two parking spaces within an attached garage shall be provided for each single-family dwelling. (See article V of this chapter for additional parking requirements.)

(9)

Protective screening. All exterior solid waste containers, container racks and stands shall be screened from public view. Enclosures shall have a concrete floor and shall be constructed of masonry, wood or vinyl sightproof treatment, excluding single-family residential dwellings.

(Code 2006, § 405.085; Code 2008, § 405.085; Ord. No. 1546, § 1, 8-11-1999; Ord. No. 1563, § 1, 9-22-1999; Ord. No. 1726, §§ 1—4, 1-24-2001; Ord. No. 3328, § 3, 9-25-2013; Ord. No. 3536, § 1, 10-28-2015; Ord. No. 3660, § 2, 14, 11-30-2016; Ord. No. 4004, § 2, 9-11-2019)

Sec. 405.180. - "R-2" Two-Family Residential District.

(a)

Purpose. The purpose of the "R-2" Two-Family Residential District is to provide for and delineate areas of the city, that are suitable for two single-family attached dwellings occupying a common lot or parcel. This district is intended to create and preserve areas of essentially single-family residential character, utilizing two attached dwellings.

(b)

Permitted uses.

(1)

Any use permitted in the "R-1A" through "R-1E" Single-Family Residential Districts.

(2)

Two-family dwellings including villas and duplexes that are conventional-built buildings or structures.

(3)

Group home.

(4)

Accessory uses permitted in the "R-1A" through "R-1E" Single-Family Residential Districts.

(c)

Conditional uses.

(1)

Any conditional use of the "R-1A" through "R-1E" Single-Family Residential District.

(2)

Institutions, such as museums, art galleries or libraries on a site of not less than two acres.

(3)

Non-traditionally designed two-family dwellings that are built within an established residential development.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 80 feet at the front building line.

(3)

Minimum yard requirements.

Front yards. Not less than 25 feet.

Side yards. Not less than seven feet. (Zero lot line will be allowed as a common party wall between units.)

Rear yards. Not less than 30 feet.

(4)

Height requirements.

Maximum height of building is 2½ stories or 35 feet.

Accessory buildings or structures shall be no higher than the primary structure.

(5)

Maximum lot coverage. Maximum lot coverage by buildings or structures shall not exceed 35 percent of the lot area.

(6)

Minimum dwelling size (living space, excluding garages). 1,200 square feet on the main floor, or 1,800 square feet total for the main and second floors.

(7)

Utilities. Any area zoned "R-2" Two-Family Residential District shall be served by public water and sewer facility. All utility lines, including electrical wiring and telephone is underground. (See section 410.350 for underground wiring regulations.)

(8)

Off-street parking requirements. Two parking spaces within an attached garage shall be provided for each dwelling unit (See article V of this chapter for additional parking requirements.)

(9)

(Code 2006, § 405.090; Code 2008, § 405.090; Ord. No. 1559, § 1, 9-9-1999; Ord. No. 1726, §§ 1—4, 1-24-2001; Ord. No. 3328, § 4, 10, 9-25-2013; Ord. No. 3660, § 3, 11-30-2016; Ord. No. 3917, § 14, 11-14-2018)

Sec. 405.190. - "R-3B" Multi-Family Residential District.

(a)

Purpose. This district represents those areas of the city which principal use is multiple-family dwellings for rental purposes at a moderate or high density. The regulations of this district are designed to permit a moderate or high density of population and a moderate or high intensity of land use in those areas that are served by a central water supply system and a central sanitary sewerage system, and which abut or are adjacent to such other uses, buildings, structures or amenities which support, complement or serve such a density and intensity. Development should be in areas that are well located with respect to major thoroughfares, shopping facilities and centers of employment.

(b)

Permitted uses.

(1)

Any use permitted in the "R-1A" through "R-1E" Single-Family Residential Districts.

(2)

Any use permitted in the "R-2" Two-Family Residential District.

(3)

Multi-family dwellings, including apartment buildings, town houses, row houses, single-family attached and other types of multiple-family dwellings that are conventional-built buildings or structures.

(4)

Day care facility, preschool or special school.

(5)

Recreational facility for use by occupants of a multiple-family development.

(6)

Group home.

(7)

Any accessory use permitted by the "R-1A" through "R-1E" Single-Family Residential Districts, including for this district, laundry rooms, administration offices for multiple-family developments and any other accessory use customarily found as a part of the principal use of the district.

(c)

Conditional uses.

(1)

Any conditional use of the "R-1A" through "R-1E" Single-Family Residential Districts or "R-2" Two-Family Residential District.

(2)

Convalescent homes, nursing homes or homes for the aged.

(3)

Public or private hospitals or orphanages on a site not less than two acres with a minimum setback of 50 feet to all property lines.

(4)

Religious institution, such as a seminary, convent or similar use.

(5)

Boardinghouse or roominghouse.

(6)

Mortuaries.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 80 feet at the front building line.

(3)

Minimum yard requirements.

Front yard. Not less than 25 feet.

Side yard. Not less than ten feet.

Rear yard. Not less than 30 feet.

Detached dwellings. The yard requirements for detached single-family dwellings and two-family dwellings are regulated by minimums set in the "R-2" Two-Family Residential Yard Requirements.

Accessory buildings. Accessory buildings shall meet the yard requirements in section 405.410.

(4)

Height requirements. Except as otherwise provided in article III of this chapter, no building or structure shall exceed four stories above finish grade or 50 feet.

(5)

Maximum lot coverage. Maximum lot coverage by buildings and structures shall not exceed 45 percent of the total project area.

(6)

Minimum dwelling size (living space, excluding garages). For single-family detached and two-family attached dwellings, 1,200 square feet on the main floor, or 1,800 square feet total for the main and second floors.

(7)

Maximum number of dwelling units/residential density. The maximum number of dwelling units shall not exceed eight units per acre.

(8)

Utilities. Any area zoned "R-3B" Multiple-Family Residential District shall be served by public water and sewer facility. All utility lines, including electrical wiring and telephone is underground. (See section 410.340 for underground wiring regulations.)

(9)

Distance between grouped buildings.

In addition to the required setbacks of this chapter, the following minimum distances shall be required between each multi-family structure 2½ stories or less:

Front to front: 50 feet.

Back to back: 60 feet.

Side to side: 20 feet.

Front to side: 35 feet.

Back to side: 40 feet.

The following minimum distances shall be required between multi-family structures in developments with buildings exceeding 2½ stories in height:

Front to front: 60 feet.

Front to back: 60 feet.

Front to side: 60 feet.

Side to side: 50 feet.

Back to side: 45 feet.

Back to back: 60 feet.

Corner to corner: 50 feet.

In no case shall a multi-family structure less than four stories in height face directly upon the rear of another residential building.

(10)

Elevator required. Multi-family structures shall comply with the city's adopted building code regulations in regards to elevators and access.

(11)

Off-street parking. Parking for all properties within this zoning district shall comply with the city's adopted off-street parking and loading requirements found in article V of this chapter.

(12)

Site plan. Site plan review by the planning and zoning commission as required in article VII of this chapter.

(13)

Reserved.

(14)

Architectural standards. Any multi-family housing structure shall meet the following minimum design criteria:

All buildings shall be architecturally treated on all sides to create a consistent and attractive building appearance. Materials such as masonry, brick, stucco, wood or Dryvit type material shall be required on a minimum of 50 percent of all building faces. The community development director may approve other materials that provide similar or equal architectural standards.

Mechanical equipment, utility hardware and heating and cooling equipment on any roof, ground or building shall be screened from public view with walls of brick, wood or other similar architectural material, harmonious to the building extending to the highest point of projection from all sides.

Reserved.

Monotony of design shall be avoided. Variation of form, and placement shall be used to provide visual interest. In multiple building projects, variable placement of individual buildings may be used to prevent a monotonous appearance.

Detached carport and garage structures accessory to multi-family projects may be provided when the inclusion of such structures is compatible with the surrounding area. The design, materials, and roof form used upon these detached structures shall be coordinated with the principal buildings to maintain a consistent visual theme. The use of plain metal poles or unadorned wooden posts as canopy supports is prohibited.

(15)

Protective screening.

All exterior solid waste containers and container racks and stands shall be screened from public view. Enclosures shall have a concrete floor and shall be constructed of a masonry block enclosure, wood or vinyl sightproof fencing/treatment, excluding single- and two-family residential dwellings.

Multi-family housing developments of 15 or more units shall provide one or more recycling dumpsters for removal of recyclable items generated by tenants. For every trash dumpster there must be one recycling dumpster. All dumpsters shall be screened via a constructed masonry block enclosure, wood or vinyl sightproof fencing/treatment within the same enclosure as the trash dumpster.

(Code 2006, § 405.100; Code 2008, § 405.100; Ord. No. 1559, § 1, 9-9-1999; Ord. No. 1726, §§ 1—4, 1-24-2001; Ord. No. 3167, §§ 1, 2, 8-24-2011; Ord. No. 3328, § 5, 9-25-2013; Ord. No. 3660, § 4, 11-30-2016; Ord. No. 3754, § 1, 7-26-2017; Ord. No. 4123, §§ 1—3, 9-23-2020; Ord. No. 4147, § 1, 1-13-2021; Ord. No. 4509, § 1, 7-24-2024)

Sec. 405.200. - "MHD" Mobile Home Development District.

(a)

Purpose. The purpose of the "MHD" district is to provide for and encourage well designed mobile home parks in areas that are adequately served by public water and sewer utilities, promote the development of mobile home parks in a single-family residential neighborhood setting, and to:

(1)

Bring about mobile home parks that are an asset to the community, and to prevent the development of parks, which would be detrimental to the community.

(2)

Promote mobile home parks with the character of residential neighborhoods.

(3)

Protect the health, safety and welfare of mobile home residents and the surrounding community.

(4)

Harmonize this type of development with other existing or proposed land uses adjacent to the mobile home district.

(5)

Assure adequate essential public services such as roads, police, drainage, structures, and that the establishment of any mobile home development shall not result in excessive expense in the city for these public services.

(b)

Permitted uses.

(1)

Mobile homes, modular homes and manufactured homes.

(2)

Home occupations as regulated by section 405.460.

(3)

Pre-school, day care, special or private schools.

(4)

Public parks and open space uses.

(5)

Group home.

(6)

Accessory uses customarily incidental to the above uses, including management headquarters, laundry facilities, recreational facilities and other uses or structures customary to the operation of a mobile home park development for park residents. Accessory uses for individual mobile home lots permitted are porches or decks within established setback requirements and storage structures as regulated by subsection (d)(3) of this section.

(c)

General regulations.

(1)

Minimum development area. The total land area of any mobile home park development shall not be less than ten acres.

(2)

Plan required. An applicant requesting "MHD" zoning shall submit to the planning and zoning commission a preliminary site development plan drawn by a registered engineer or registered land surveyor. The plan shall depict proposed uses for all lots; access and traffic circulation including entrances, exits, walkways, and off-street parking areas; required buffer zones; the design of common ground and recreational areas including the types of amenities provided; and any additional items set forth herein.

(3)

Protective screening. A mobile home park shall include a heavily landscaped buffer strip, exclusive of the lot area, around the outer boundary of the development, except where the park is adjacent to an existing mobile home park, that shall be not less than 50 feet in width so as to screen the mobile home park from adjoining properties. The buffer strip shall be of such density as to obscure visible evidence of the development from adjoining property. A landscape plan for the development shall be prepared as a separate document for review and approval by the planning and zoning commission. In addition, a masonry wall or solid fence may be required by the planning commission in such buffer strip. The landscaping depicted shall be considered a binding element of the project and its continued maintenance shall be the developers, his successor or subsequent owner's responsibility.

(4)

Recreational use area. At least 600 square feet of recreational area shall be provided for each mobile home lot contained within a mobile home park development. This requirement shall be depicted on the preliminary site development plan, and shall be adequately lighted for safety. The recreational area shall provide amenities for park residences. The amount of amenities required by this subsection shall increase as the number of lots increase. Amenities shall be provided based upon the following schedule:

For zero to 50 lots, a playground area with equipment and a laundry facility shall be provided;

For 51 to 100 lots, playground areas with equipment, laundry facility and a jogging and bicycle trail shall be provided;

For 101 and above lots, playground areas with equipment, a laundry facility, jogging and bicycle trails, swimming pool and a clubhouse shall be provided;

Alternative amenities proposed by the applicant shall be reviewed and approved by the planning and zoning commission.

(5)

Mobile home park access and interior circulation. Access to a mobile home park or subdivision shall be from a collector or arterial streets. No individual mobile home lot shall have direct access to a street outside of the boundaries of the mobile home park and all lots shall front on a street within the development. Interior access drives shall be properly lighted and shall be constructed in compliance with the standards of the subdivision regulations. Installations to discourage speeding through the park shall be approved by the public works department. Sidewalks shall be required, not less than four feet in width on both sides of all streets in the development.

(6)

Mobile home park expansion. No existing mobile home park shall be enlarged or extended when such park does not meet the applicable health or safety requirements, or when such park is in violation of the regulations and standards regarding sewage treatment or discharge, pollution or water quality. No existing park on the date of adoption or amendment to this chapter shall be enlarged or extended without conforming to these zoning regulations. (See article VIII of this chapter for additional requirements.)

(7)

Permanent foundation required. All mobile homes parked, located or erected within an approved mobile home development shall be placed upon a permanent foundation, as defined by this chapter, forming a complete closure beneath exterior walls. For the purpose of this chapter, placement of a mobile home upon uniform jack or blocks upon a concrete pad, skirted with sheet metal, aluminum, wood, or other temporary material, and secured by tie downs, shall not be considered a permanent foundation meeting this requirement.

(8)

Park maintenance. Park owners or homeowners' associations are required to maintain the physical, recreational, natural facilities and features of the park in a neat and orderly and safe condition.

(9)

Application of regulations. In their interpretation and application, this section shall be considered as minimum requirements adopted for the promotion of the public health, safety and welfare. However, recognizing the premanufactured nature of mobile home units, it is recognized that lots exceeding the minimum yard and area requirements of this section may be required to accommodate some units, and that suitable provisions shall be made by developers to provide for such units. Based upon this guideline, not providing for such minimum provisions shall not be considered an adequate basis for the granting of a variance from such requirements. Further, it is the express intent of this section to encourage and promote mobile home park developments similar in nature and recognizable as single-family residential neighborhoods.

(10)

Orientation. All mobile homes within the mobile home development shall be placed upon their individual lots in such a fashion that the long axis of the mobile home shall face, and be parallel to, the principal street frontage giving access to the lot. In the case of corner lots the mobile home may face either street frontage. In the case of any double frontage lots, the mobile home shall face, and access shall be restricted to, the minor street and shall not be permitted on collector or arterial streets.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 100 feet at the building line. Where a lot fronts a cul-de-sac, a 35-foot width at the street right-of-way is required.

(3)

Additional requirements.

Minimum yard requirements. Measured from the mobile home to the lot line:

Front yard. Not less than 30 feet.

Side yard. Not less than 15 feet.

Rear yard. Not less than 25 feet.

Accessory structure.

(i)

Front yard. 30 feet.

(ii)

Side and rear yard. Five feet.

One accessory structure of not more than 200 square feet shall be permitted per mobile home lot.

Manufactured/mobile home. No more than one manufactured/mobile home shall be placed on any one lot.

Other addition. No attached addition, detached carport or any structure shall be allowed closer than 30 feet to any street right-of-way.

Height requirements.

Maximum height of a building is 2½ stories or 35 feet.

Accessory buildings and structures shall be no higher than the primary structure.

(4)

Off-street parking. Two covered off-street parking spaces or a detached two-car garage shall be provided for each mobile home lot. (See article V of this chapter for additional parking requirements.)

(5)

Protective screening of solid waste facilities. Other than for residential use, all exterior solid waste containers and container racks and stands shall be screened from public view by an enclosure a minimum of six feet in height. Enclosures shall have a concrete floor and shall otherwise be constructed of masonry, wood or vinyl sightproof construction. Individual incinerators shall be prohibited.

(6)

Utilities. The mobile home park shall be adequately served by an approved public sewer and water facility. All utility lines, including electrical wiring and telephone is underground.

(7)

Maximum lot coverage. Each mobile home dwelling, including an accessory building, garage, decks and porches, shall cover no more than 35 percent of each dwelling site or lot.

(8)

Performance standards. The mobile home park shall meet the performance standards as required by article IV of this chapter.

(9)

Minimum dwelling size/standards. The minimum size of the mobile home unit shall be 1,200 square feet and shall comply with the following standards:

Home shall be covered with an exterior siding material consisting of vinyl, wood or metal lap.

Roof shall have two-inch vertical rise for each 12-inch vertical run and shall be asphalt shingle or wood shingle. Metallic roofing shall not be permitted.

Roof overhang shall not be less than one foot (eight inches of overhang, plus four inches of guttering).

Hitch, axles and wheels shall be removed.

(Code 2006, § 405.125; Code 2008, § 405.110; Ord. No. 1546, § 1, 8-11-1999; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1844, § 3, 3-27-2002; Ord. No. 3328, § 6, 9-25-2013)

Sec. 405.210. - "C-O" Office District.

(a)

Purpose. This district represents those areas of the city which principal use is for the development of certain businesses and professional offices. The district provides uses to encourage a controlled environment for the orderly growth and development within a park-like setting. The district also allows accessory uses which provide services to complement the permitted uses.

(b)

Permitted uses.

(1)

Accounting and auditing agencies.

(2)

Advertising services.

(3)

Architectural, engineering, urban planning and related professional services.

(4)

Artists, painters, sculptors, composers, authors.

(5)

Banks and savings and loan associations without drive-through service.

(6)

Business, investment and management consulting services.

(7)

Business and professional offices.

(8)

Charitable and welfare services.

(9)

Computer programming and software services.

(10)

Data processing services.

(11)

Dental and dental laboratory, chiropractors, optometrists and similar health services.

(12)

Insurance agency and services.

(13)

Legal services or offices.

(14)

Medical services, physician's office/clinic.

(15)

Public or governmental offices.

(16)

Public or private library.

(17)

Public parks and open spaces.

(18)

Real estate agencies and services.

(19)

Research and development offices.

(20)

Title companies and services.

(21)

Accessory uses, when associated with a permitted use, located within a same facility as a permitted use, and similar to:

Bookstore or pharmacies;

Card, gift or specialty shop;

Coffee shop and deli;

Flower shop; or

Pharmacies.

(22)

Medical marijuana dispensary facilities.

(c)

Conditional uses.

(1)

Hotel or extended-stay lodging facility including accessory uses customarily incidental to hotels.

(2)

Institutions of higher education including classrooms buildings, gymnasium, dormitories and other uses incidental to such an institution.

(d)

Regulations and performance standards.

(1)

Minimum lot area. One acre.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than ten feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 45 feet or four stories, whichever is less.

(5)

Maximum lot coverage. The maximum lot coverage by structures shall not exceed 35 percent.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Outdoor storage or display of merchandise, materials or equipment is prohibited.

Other standards as required in article IV of this chapter.

(8)

Public utilities. Any area zoned "C-O" Office District shall be served by approved public water and sewer facilities. All electric, telephone or other utilities extended within the "C-O" district shall be constructed underground. (See section 410.340 for underground wiring regulations.)

(9)

Design standards. All buildings erected and constructed in this district shall have the exterior facade constructed to the following minimum design standards:

Suggested building materials. Buildings in this district shall have exterior wall material of brick, stone, stucco, textured Masonite, decorative concrete masonry unit, glass, EIFS/Dryvit, wood siding or concrete tilt-up with a textured finish. No new building in this district shall have an exterior material consisting of metal panel or concrete cinder block.

Building colors. Building colors shall be earth tones or similar colors which include, but are not limited to, beige, brown, gray, blue, green, white or red. Roof and trim colors shall be earth tone and complement the main color of the building.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

(10)

Protective screening.

All exterior solid waste containers and container racks or stands shall have a concrete floor and shall be screened from public view by an enclosure that shall be a minimum of six feet in height. Screening shall be constructed of a similar material used for the building.

Reserved.

(Code 2006, § 405.127; Code 2008, § 405.120; Ord. No. 1614, § 1, 3-23-2000; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 2011-3168, § 7, 8-24-2011; Ord. No. 3962, § 3, 5-22-2019; Ord. No. 4509, § 2, 7-24-2024)

Sec. 405.220. - "C-1" Neighborhood Commercial District.

(a)

Purpose. This district represents those areas of the city in which principal use is local retail, service and restricted repair business activities, which serve on a comparatively small scale, the needs of surrounding residential neighborhoods. Certain uses which would function more effectively in locations appropriate for a variety of commercial and service activities have been excluded.

(b)

Permitted uses.

(1)

Accounting, auditing and bookkeeping service.

(2)

Advertising and printing service.

(3)

Antique shop.

(4)

Bakeries and bake shop.

(5)

Banks and financial institutions without drive-up service.

(6)

Convalescent home, nursing home, home for the aged.

(7)

Electronics and appliance repair and service.

(8)

Group home facility.

(9)

Monuments and historic sites.

(10)

Offices for law, architectural, engineering, insurance, real estate, management, planning or similar office.

(11)

Offices for doctors, chiropractors, dentists, optometrists or other similar health care professionals.

(12)

Personal service businesses such as alteration and garment repair, barber or beautician, clock and jewelry repair, locksmith, dry cleaner or laundry, mailing services, employment services, janitorial services, investment agencies, travel agencies, shoe repair and cleaning and similar uses.

(13)

Places of worship, such as churches, temples and synagogues.

(14)

Public or private library.

(15)

Public building erected by a governmental agency.

(16)

Public park or playground.

(17)

Public or private school.

(18)

Retail sales within stores and shops for apparel and accessories, bicycles, books, cameras and photographic supplies, flooring, drugs, furniture, flowers, hobby supplies, jewelry or clocks, novelties or souvenirs, shoes, sporting goods and similar products.

(19)

Taxicab dispatch (office only).

(20)

Title companies.

(21)

Utility substations for gas, electric, telephone, cable and internet services.

(c)

Conditional uses.

(1)

Ambulance service.

(2)

Amphitheater and auditoriums, lecture halls.

(3)

Art galleries, museums, including sales and service.

(4)

Athletic fields, gymnasiums, athletic clubs.

(5)

Bed and breakfast residence.

(6)

Cemetery on a site of not less than 20 acres.

(7)

Data processing center.

(8)

Day care facility.

(9)

Furniture repair, refinishing, reupholstery.

(10)

Health and exercise facilities.

(11)

Landscape nursery for growing plants, trees, shrubs, including sales of nursery stock and garden supplies.

(12)

Lawn care service establishment on a site of not less than one acre.

(13)

Liquor by the drink.

(14)

Outdoor storage or display in connection with, and accessory to, a permitted use on the site. Material, product, inventory, goods or equipment not displayed for sale or lease on the site may be permitted in the side or rear yard provided items are screened or enclosed by a masonry wall, sight-proof fence or equivalent landscape hedge not less than six feet in height. Outdoor display of merchandise and goods for lease or sale at retail may be approved without screening subject to any conditions of the conditional use permit.

(15)

Patio and garden house, retail greenhouse.

(16)

Pet adoption center, animal hospital, veterinarian clinic or animal beauty parlor, provided that all workrooms, pens and kennels be maintained in a completely enclosed, soundproof building. Conditions shall be imposed to protect adjoining land uses for potential noise and odor.

(17)

Public parking lots and garages, but excluding self-storage lots for motor vehicles, recreational vehicles, boats and trailers.

(18)

Restaurant and delicatessens without drive-through facility.

(19)

Schools of higher education.

(20)

Single-family dwellings.

(21)

Theater, indoor; live performance or motion picture.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 8,300 square feet.

(2)

Minimum lot width. 60 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than 12 feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 35 feet or 2½ stories, whichever is less.

(5)

Maximum lot coverage. The maximum lot coverage by structures shall not exceed 35 percent.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Flea markets and auctions, both those inside or outside of a building, are prohibited.

No separate business tenant or occupancy within an establishment shall occupy more than five thousand (5,000) square feet of floor space.

Other standards as required in article IV of this chapter.

Outdoor storage or display of merchandise, materials or equipment is prohibited, unless approved by a conditional use permit.

Wholesale sales are prohibited.

All fencing in the "C-1" Neighborhood Commercial District shall be ornamental.

Stormwater shall be detained underground, in retention basins or utilize adjacent project detention facilities as applicable per ordinance, subject to site plan approval.

Reserved.

(8)

Public utilities. Any area zoned "C-1" Neighborhood Commercial District shall be served by approved public water and sewer facilities. All electric, telephone or other utilities extended within the "C-1" district shall be constructed underground. (See section 410.340 for underground wiring regulations.)

(9)

Design standards. All buildings erected and constructed in this district after the effective date of the ordinance from which this section is derived shall have the exterior facade constructed to the following minimum design standards:

Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, decorative concrete masonry unit, and glass. Accent materials consisting of, EIFS/Dryvit, vinyl, architectural metal panel or wood siding at an elevation of at least eight feet above the adjacent grade are permissive subject to site plan approval, but shall not exceed twenty (20) percent of any wall elevation. No new commercial building shall have an exterior material consisting of exposed fastener metal or concrete cinder block.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, on commercial buildings shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

Front facade. The front facade facing any street where signage is permissive of every commercial building in the "C-1" Neighborhood Commercial District, excluding window glass and doors, shall be comprised of brick, stone or architecturally enhanced masonry material for one hundred (100) percent of the facades facing a public street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or enhanced masonry work on the front facades, but shall not exceed 20 percent of the total wall elevation area. EIFS or Stucco material used as an accent material shall not be constructed closer than 8 feet to the adjacent grade of any building.

Type and pitch of roofing. Type and pitch of roofing system shall be compatible with adjacent residential structures as applicable via site plan approval.

Compatible architectural features. Development shall provide compatible architectural features as adjacent residential structures such as, but not limited to, compatible trim and moldings, roof form and type, window construction, porches, structure recesses or projections and similar features via site plan approval.

(10)

Protective screening.

Reserved.

(Code 2006, § 405.130; Code 2008, § 405.130; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1614, § 2, 3-23-2000; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1843, §§ 3, 4, 3-27-2002; Ord. No. 2954, § 2, 12-10-2008; Ord. No. 2011-3168, § 7, 8-24-2011; Ord. No. 2011-3173, §§ 1, 2, 8-24-2011; Ord. No. 4147, § 2, 1-13-2021; Ord. No. 4292, §§ 2—6, 7-13-2022; Ord. No. 4509, § 3, 7-24-2024)

Sec. 405.230. - "C-2" General Commercial District.

(a)

Purpose. This district represents those areas of the city in which principal use is general retail, service and repair business activities which serve the entire city and the surrounding area. This district provides standards for development businesses catering to the general public generally along secondary thoroughfares where a general mixture of commercial service activities now exist but not characterized by warehousing, heavy truck traffic, open storage of material or the nuisance factors associated with more intense uses.

(b)

Permitted uses.

(1)

Any use permitted in the "C-1" Neighborhood Commercial District.

(2)

Agricultural service store of non-hazardous goods or feed store.

(3)

Ambulance service.

(4)

Auditorium or lecture hall.

(5)

New and accessory used sale, service, rental or leasing of cars, trucks and recreational vehicles on a site of no less than five acres.

(6)

Archery ranges, provided that such range is completely within an enclosed building.

(7)

Automobile parts store for sale of auto parts and accessories.

(8)

Automobile service and repair station or auto body shop.

(9)

Automobile wash facility.

(10)

Bait shops.

(11)

Banks including drive-through facilities.

(12)

Carpentry craft shops or woodworking shops.

(13)

Catering establishments.

(14)

China, glassware, metal, paint, wallpaper—retail.

(15)

Convenience store or food shop, including accessory automobile fuel sales.

(16)

Data processing services/offices.

(17)

Day care facility.

(18)

Department, discount or variety store.

(19)

Drive-through pickup and delivery service.

(20)

Exterminators.

(21)

General contracting and building construction services. Construction grading, excavating and similar equipment shall be stored in an enclosed building.

(22)

Health and exercise facility or athletic club.

(23)

Hospital or medical clinic.

(24)

Hotels, motels, or extended stay hotels.

(25)

Laboratory—research, experimental or testing.

(26)

Landscaping contracting services or landscape nurseries for growing plants, trees and shrubs.

(27)

Liquor store.

(28)

Mortuary.

(29)

Pet grooming and pet supplies.

(30)

Pet shops, veterinarian clinic or animal hospital in a completely enclosed building.

(31)

Postal services.

(32)

Printing, publishing, photo finishing or engraving service.

(33)

Radio or television broadcast station or studio.

(34)

Restaurant.

(35)

Sales and service for the following: appliances, blueprinting, photocopying, electronics, hardware, publishing, engraving, office and business equipment, tire sales and service.

(36)

Schools of higher education.

(37)

Supermarket or grocery.

(38)

Theater, indoor; live performance or motion picture.

(39)

Wholesale establishment with warehousing not exceeding 40 percent of the ground floor area.

(40)

Medical marijuana testing facilities.

(c)

Conditional uses.

(1)

Amphitheater or drive-in theater.

(2)

Amusement game complex or arcade.

(3)

Amusement park.

(4)

Athletic field or gymnasiums.

(5)

Automated teller machine (ATM) as a primary use.

(6)

Banquet center, including accessory facilities.

(7)

Bed and breakfast inn.

(8)

Blacksmith or welding services.

(9)

Bus station.

(10)

Cemetery on a site not less than 20 acres.

(11)

Commercial recreation uses such as bowling alley, billiard parlor, dance hall, skating rink or uses of similar character.

(12)

Crematorium, as an accessory use to a mortuary (see section 405.1020).

(13)

Furniture repair, refinishing, reupholstery.

(14)

Garden supplies and displays including outdoor storage.

(15)

Greenhouses/nursery, including accessory storage.

(16)

Indoor or outdoor gaming, recreational uses or live performances.

(17)

Kennel boarding or breeding.

(18)

Lawn care service establishment.

(19)

Liquor by the drink.

(20)

Lumber and building materials store but not lumberyards.

(21)

Miniature golf course, golf course, or driving range.

(22)

Monument sales with outdoor storage or displays.

(23)

(24)

Public parking lots and garages.

(25)

Railroad switching yards.

(26)

Residences.

(27)

Restaurant, including drive-through facility.

(28)

School for industrial training, trade or business school.

(29)

Used car, truck, recreational vehicle sales, service, leasing or rental.

(30)

Medical marijuana dispensary facilities.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 8,300 square feet.

(2)

Minimum lot width. 60 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than ten feet.

Rear yard Not less than 15 feet, except that where a rear yard adjoins property zoned any residential district, a rear yard of 25 feet shall be provided.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of three stories or 50 feet, whichever is less.

(5)

Maximum lot coverage. As dictated by other area and performance requirements such as yard setbacks, landscaping and parking.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Bulk storage of any flammable liquid is underground.

Other standards as required in article IV of this chapter.

Outdoor storage or display of merchandise, materials or equipment is prohibited, unless approved by a conditional use permit.

Vehicle uses in conjunction with the operation of the business shall be parked to the side or rear of the business if such parking is available. If such parking is not available, vehicles shall not be parked to obstruct visibility of the business.

(8)

Public utilities. Any area zoned "C-2" General Commercial District shall be served by approved public water and sanitary sewer facilities. All electric, telephone or other utilities extended within the "C-2" district shall be constructed underground. (See section 410.340 for underground wiring regulations.)

(9)

Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, decorative concrete masonry unit, concrete with textured finish, vinyl, wood, or cement fiber (Hardie Board) siding, or architectural metal panel and glass. EIFS/Dryvit, stucco or other accent material that does not exceed twenty (20) percent of any wall elevation and is to be constructed at an elevation of at least eight feet above the adjacent grade may be allowed subject to site plan approval. No new commercial building shall have an exterior material consisting of exposed fastener metal or concrete cinder block.

Front facade. The front facade facing any street where signage is permissive of every commercial building in the "C-2" General Commercial District, excluding window glass and doors, shall be comprised of brick, stone or masonry material for one hundred (100) percent of the facades facing a street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or enhanced masonry work on the front facades, but shall not exceed 20 percent of the total wall elevation area, subject to site plan approval.

Retaining walls. All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry or steel material. Wood ties and cinder block materials are prohibited.

(10)

Protective screening.

Reserved.

(Code 2006, § 405.135; Code 2008, § 405.135; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1614, § 2, 3-23-2000; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1918, § 3, 12-11-2002; Ord. No. 1954, §§ 2, 3, 3-26-2003; Ord. No. 2809, § 2, 11-28-2007; Ord. No. 2954, §§ 3, 4, 12-10-2008; Ord. No. 2011-3166, § 2, 8-24-2011; Ord. No. 2011-3168, §§ 1, 2, 4—7, 8-24-2011; Ord. No. 2011-3173, §§ 1, 2, 8-24-2011; Ord. No. 3962, § 4, 5-22-2019; Ord. No. 4292, §§ 7, 8, 7-13-2023; Ord. No. 4509, § 4, 7-24-2024)

Sec. 405.240. - "C-3" Highway Commercial District.

(a)

Purpose. This district represents those areas of the city in which principal use is all types of commercial activity including retailing, wholesaling, personal and business services and entertainment along and in close proximity to major transportation arteries which generate high volumes of average daily traffic. This district provides standards to facilitate development of those forms of business activities which serve persons traveling along major public streets and highways.

(b)

Permitted uses.

(1)

Any use listed as a permitted use in the "C-2" General Commercial District.

(2)

Agricultural or farm equipment sales storage or repair.

(3)

Amphitheater or drive-in theater.

(4)

Amusement park.

(5)

Auditorium, arena or fieldhouse, convention center, museum, or planetarium.

(6)

Baking facility, bottling works or food packaging.

(7)

Boat and boat trailer leasing, sales, or service establishment, including accessory storage associated with such leasing, sales or service establishment provided such storage is within a completely enclosed building, and provided all units are in a usable condition.

(8)

Commercial recreational use such as bowling alleys, billiard parlors, dance hall, skating rink, or a use of similar character.

(9)

Furniture sales, refinishing, repair, or re-upholstery.

(10)

Garden supply and display store.

(11)

Lawn care service establishment.

(12)

Lumberyard and building material/supply store.

(13)

Mortuary/funeral home.

(14)

Printing, publishing, painting or engraving services and shops.

(15)

Professional offices.

(16)

Recreational vehicles, travel trailers (not including mobile homes), or camper sales, leasing or service establishment, and accessory storage associated with such leasing, sales or service provided such storage is within a completely enclosed building, and provided all units are in a usable condition.

(17)

Establishment for rental, sales or service of yard and garden equipment, trailers (not mobile homes) and other such items, and accessory storage associated with such rental, sales or service provided such storage is within a completely enclosed building.

(18)

School for industrial training, trade or business training.

(19)

Medical marijuana testing facilities.

(20)

Climate-controlled indoor self-storage establishment, excluding any form of outdoor self-storage for motor vehicles, recreational vehicles, boats or trailers, material goods or property. Self-storage units shall be accessed solely from the interior of the building. No storage unit doors shall open to the exterior of the building.

(c)

Conditional uses.

(1)

Automated teller machine (ATM) as a primary use exterior to a multi-tenant commercial shopping center having greater than 100,000 square feet of lease space.

(2)

Banquet center, including accessory facilities.

(3)

Blacksmith or welding service or shops.

(4)

Leasing or sales of bottled gas.

(5)

Construction equipment sales, leasing, rental or repair establishment, and accessory storage associated with such rental, sales or service provided such storage is within a completely enclosed building.

(6)

Crematorium, as an accessory use to a mortuary (see section 405.1020).

(7)

Fertilizer storage in bags or bulk storage of liquid or dry fertilizer.

(8)

Golf course, miniature golf course or driving range.

(9)

Greenhouses/nursery, including accessory storage.

(10)

Indoor or outdoor gaming, recreational uses or live performances.

(11)

Kennel for commercial boarding or breeding.

(12)

Liquor by the drink.

(13)

Outdoor storage or display in connection with, and accessory to, a permitted use on the site. Material, product, inventory, goods or equipment not displayed for sale or lease on the site may be permitted in the side or rear yard provided items are screened or enclosed by a masonry wall, sightproof fence or equivalent landscape hedge not less than six feet in height. Outdoor display of merchandise and goods for lease or sale at retail may be approved without screening subject to any conditions of the conditional use permit.

(14)

Public parking lots or garages, but excluding self-storage lots for motor vehicles, recreational vehicles, boats or trailers.

(15)

Restaurant, including drive-through facility.

(16)

Sale or storage of stone products, monuments, sand or gravel. No crushing or grinding allowed.

(17)

Sales and installation services.

(18)

Social service activities for such uses as food pantries, drug rehabilitation programs, parole office.

(19)

Stadiums or zoo.

(20)

Taxicab garaging, dispatch and maintenance.

(21)

Truck or bus terminal.

(22)

Used car, truck, recreational vehicle sales, service, leasing or rental.

(23)

Utility maintenance yard.

(24)

Medical marijuana dispensary facilities.

(25)

Commercial truck service station, commercial truck service establishment, commercial truck repair facility or truck stop on a site not less than five acres in size and located at least five hundred (500) feet away from any established residential platted neighborhood. The five hundred (500) feet distance shall be measured from property line to property line.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 60 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than ten feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 50 feet or three stories, whichever is less.

(5)

Maximum lot coverage. As dictated by other area and performance requirements such as yard setbacks, landscaping and parking.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Outdoor storage or display of merchandise, materials or equipment is prohibited unless approved by a conditional use permit, except that display of retail sales merchandise at convenience stores including establishments with accessory fuel sales for motor vehicles shall be permitted upon the elevated sidewalk adjacent to the establishment, provided such sales are limited to one building elevation, shall not exceed 40 percent of the linear distance of such building elevation, and must be displayed no closer than 20 feet from the primary access doorways to such building. All outdoor storage or display of general merchandise shall not to exceed a height of four feet. Outdoor storage or display of liquid petroleum gas shall not to exceed a height of six feet and be protected by bollards that are approved in writing by city fire protection district. Where there is outdoor storage or display of merchandise, an unobstructed sidewalk space of at least five feet in width for pedestrian access must be maintained, and outdoor accessory signage shall be limited to signs that are no larger than two square feet for sales items.

Other performance standards. See article IV of this chapter.

(8)

Public utilities. Any area zoned "C-3" Highway Commercial District shall be served by approved public water and sanitary sewer facilities. All electric, telephone or other utilities extended within the "C-3" district shall be constructed underground. (See section 410.340 for underground wiring regulations.)

(9)

Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, decorative concrete masonry unit, concrete with textured finish, vinyl, wood, or cement fiber (Hardie Board) siding, or architectural metal panel and glass. EIFS/Dryvit, stucco or other accent material not to exceed twenty (20) percent of any wall elevation and is to be constructed at an elevation of at least eight feet above the adjacent grade may be allowed subject to site plan approval. No new commercial building shall have an exterior material consisting of exposed fastener metal or concrete cinder block.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, on commercial buildings shall be screened from view to the height of the equipment, with a similar material used for the building, vinyl or wood fencing.

Front facade. The front facade facing any street where signage is permissive of every commercial building in the "C-3" Highway Commercial District, excluding window glass and doors, shall be comprised of brick, stone or masonry material for one hundred (100) percent of the facades facing a street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or enhanced masonry work on the front facades, but shall not exceed twenty (20) percent of the total wall elevation area subject to site plan approval.

(10)

Protective screening.

Reserved.

(Code 2006, § 405.140; Code 2008, § 405.140; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1614, § 2, 3-23-2000; Ord. No. 1702, § 1, 10-25-2000; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1864, § 2, 5-22-2002; Ord. No. 1918, § 4, 12-11-2002; Ord. No. 1954, § 4, 3-26-2003; Ord. No. 2587, § 2, 8-23-2006; Ord. No. 2674, § 3, 1-24-2007; Ord. No. 2809, §§ 3, 4, 11-28-2007; Ord. No. 2954, §§ 5, 6, 12-10-2008; Ord. No. 2011-3166, § 2, 8-24-2011; Ord. No. 2011-3168, §§ 3—7, 8-24-2011; Ord. No. 3202, § 2, 1-25-2012; Ord. No. 2012-3209, § 3, 3-28-2012; Ord. No. 3660, § 16, 11-30-2016; Ord. No. 3962, § 5, 5-22-2019; Ord. No. 4292, §§ 9—13, 7-13-2022; Ord. No. 4509, § 5, 7-24-2024)

Sec. 405.250. - "I-1" Light Industrial District.

(a)

Purpose. This district represents those areas of the city in which principal use is light manufacturing, warehousing and associated wholesale/retail, distribution, assembly and other limited industrial uses which generate a minimum of noise, glare, odor, dust, vibration, pollutants or other hazards. Such industrial uses are generally free of objectionable influence in its operation and appearance. It is the purpose of these regulations to protect adjacent areas against encroachment by incompatible uses and to restrict the intrusion of certain uses which would be more appropriate in heavy industrial or commercial zones.

(b)

Permitted uses.

(1)

Aluminum extrusion, rolling, fabrication and assembly and forming.

(2)

Bottling and canning facility.

(3)

Cabinetmaking, planing mill, carpentry and woodworking plant.

(4)

Chemical laboratory not producing fumes or odors.

(5)

Food lockers, cold storage facilities.

(6)

General contracting services.

(7)

Labor unions and labor organizations.

(8)

Laboratories, or research, experimental or testing facilities, excluding explosives.

(9)

Laundry and linen supply services.

(10)

Lumberyard, not including planing and millwork.

(11)

Machine shop, electroplating, photoengraving, plumbing or sheet metal shop.

(12)

Manufacturing or processing or assembly of materials and products similar to:

Aircraft and accessories;

Appliances (household and electrical);

Athletic and sporting goods;

Bags/boxes;

Bakery products;

Brooms and brushes;

Candy;

Canvas products;

Carpet and rugs;

Cigars and cigarettes;

Clocks and watches;

Clothing;

Communication equipment;

Computer and data processing equipment;

Construction equipment;

Drugs and medicine;

Electrical equipment and wiring;

Engineering, laboratory, scientific equipment;

Farm machinery;

Fur goods, dressing and dying;

Furniture;

General hardware;

Glass or glass containers;

Guns;

Hats and caps;

Ice and frozen desserts;

aa.

Industrial belting and packing;

bb.

Leather products;

cc.

Medical and surgical instruments;

dd.

Metal or galvanized products;

ee.

Musical instruments and supplies;

ff.

Newspaper, printing and publishing;

gg.

Novelties;

hh.

Office machines and products;

ii.

Pipe products;

jj.

Plastic products;

kk.

Radio, television products;

ll.

Shoes and boots;

mm.

Signs;

nn.

Soap and detergents;

oo.

Solar power technologies;

pp.

Stone products and cut stone;

qq.

Syrups;

rr.

Terra-cotta;

ss.

Textiles;

tt.

Tobacco and tobacco products;

uu.

Toys;

vv.

Wall coverings; and

ww.

Wind power technologies.

(13)

Masonry, marble, tile or stonework operation.

(14)

Medical laboratory and services.

(15)

Railroad spur tracks.

(16)

Commercial or industrial machinery or equipment rental, sales or repair establishment, and accessory storage associated with such rental, sales or repair provided such storage is within a completely enclosed building.

(17)

Warehousing and associated wholesale/retail sales of individual specialty products similar to:

Agricultural fertilizers (non-hazardous);

Air conditioning, refrigeration equipment;

Alcoholic beverages, wines, spirits;

Apparel and accessories;

Appliances (household and electrical);

Books, magazines, newspapers;

Building materials;

Construction equipment;

Drug, drug proprietary;

Electrical supplies;

Electronics, electrical equipment, wiring supplies;

Equipment and supplies for service establishments;

Farm supplies;

Furniture and home furnishings;

Garden supplies and landscape supplies;

General contractors service supplies;

Grocery supplies;

Hardware products;

Household goods, non-hazardous products;

Lumber and building materials;

Paper, paper products;

Research, development or testing products;

Shoes and boots;

Solar power technologies;

Tobacco and tobacco products; and

Wind power technologies.

(18)

Shipping and distribution facility.

(19)

Utility substation for electric, gas, cable, telephone or internet.

(20)

Welding, blacksmith supply, production, service facility.

(21)

Medical marijuana cultivation facilities.

(22)

Medical marijuana manufacturing facilities.

(23)

Medical marijuana testing facilities.

(24)

(c)

Conditional uses.

(1)

Manufacture of general household, commercial and industrial cleaning products and related chemicals.

(2)

Outdoor storage or display in connection with, and accessory to, a permitted use on the site. Material, product, inventory, goods or equipment not displayed for sale or lease may be permitted in the side or rear yard provided items are screened or enclosed by a masonry wall, sightproof fence or equivalent landscape hedge not less than six feet in height. Outdoor display of merchandise and goods used for sale at retail may be approved without screening subject to any conditions of a conditional use permit.

(3)

Mini-warehouse or self-storage units, including living quarters for a resident watchman employed on the premises, provided all storage units are comprised of brick, stone or decorative masonry material for 100 percent of the facades facing a public street or facing any area zoned "R-1A" through "R-1E."

(4)

Sale, display or storage of mobile homes, modular homes or manufactured homes, provided no unit shall be placed within the required front yard setback and the storage area shall be separated from the display area by a continuous visual screen consisting of a compact evergreen hedge, fencing or masonry wall with a minimum height of eight feet.

(5)

Truck or bus terminal.

(6)

Utility maintenance yard.

(7)

Towing and recovery facility.

(8)

Public parking lot or garage, including self-storage lots for motor vehicles, recreational vehicles, boats or trailers.

(9)

Wind farm.

(10)

Mobile food vendor on site not less than 15 acres.

(11)

Gymnasiums, batting cages, indoor public and private handball, indoor and outdoor soccer and racquetball courts, indoor and outdoor public or private tennis courts, and similar recreational activities.

(12)

Medical marijuana dispensary facilities.

(13)

Commercial truck service station, commercial truck service establishment, commercial truck repair facility, or truck stop on a site not less than five acres in size that is at least five hundred (500) feet away from the property line(s) of any established residential platted neighborhood.

(d)

Regulations and performance standards.

(1)

Minimum lot area. Two acres.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than 20 feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 50 feet or three stories.

(5)

Maximum lot coverage. Maximum lot coverage of structures shall not exceed 50 percent, provided that all structure locations shall remain compliant with or exceed city performance standards for the zoning district in which they are located and all such uses on any one tract of land that are petitioned to be subdivided at any time shall comply with lot, area, and access requirements of this Code and are subject to review and approval of a site plan application by the board of aldermen, after recommendation from the planning and zoning commission. Notwithstanding anything in section 405.030(3), and subject to the requirements set forth above and for this district, the maximum lot coverage may include more than one principal building on a lot.

(6)

Off-street parking and loading. As required by article V of this chapter, and including:

Loading operations shall be constructed at the side or rear of buildings. No truck shall extend into a public street used for traffic circulation while loading and unloading.

Adequate parking shall be provided off-street for uses in the district, if necessary parking shall exceed minimum parking standards in section 405.580.

(7)

Performance standards.

All industrial operations shall be conducted within a completely enclosed building.

All storage of materials and equipment shall be within a completely enclosed building unless approved by a conditional use permit.

Uses permitted in the district shall not create danger to health and safety in the surrounding areas and shall not create offensive noise, dust, odor, vibration, smoke, heat or glare at greater density or at levels to exceed the requirements of this state.

Other performance standards. See article IV of this chapter.

(8)

Public utilities. Any area zoned "I-1" Light Industrial District shall be served by approved public water and sanitary sewer facilities. All electric, telephone or other utilities extended within the "I-1" district shall be constructed underground. (See section 410.340 for underground wiring regulations.)

(9)

Design standards. All buildings erected, constructed, altered or added to in this district after the effective date of the ordinance from which this section is derived shall have the exterior facade constructed to the following minimum design standards:

Suggested building materials. Industrial buildings shall have exterior wall material of brick, stone, stucco, textured Masonite, decorative concrete masonry unit, glass, EIFS/Dryvit, standing metal seam panels, concrete tilt-up painted or treated, vinyl or wood siding, concrete cinder block, that is painted or finished.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, on industrial buildings shall be screened from view to the height of the equipment, with a similar material used for the building, vinyl or wood fencing.

Front facade. The front facade of every industrial building in the "I-1" Light Industrial District excluding window glass or doors shall be comprised of brick, stone or masonry material for a minimum of 30 percent of the facades facing a public street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone, or masonry work on the front facades.

(10)

Protective screening.

All exterior solid waste containers, container racks, incinerators or other similar waste collection areas shall have a concrete floor and shall be screened from public view by an enclosure to the height of the equipment and not less than six feet in height. Screening shall be constructed of masonry, wood or vinyl fencing.

Reserved.

(11)

Reserved.

(Code 2006, § 405.145; Code 2008, § 405.145; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1614, § 2, 3-23-2000; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1844, § 4, 3-27-2002; Ord. No. 2515, § 2, 4-26-2006; Ord. No. 2674, § 4, 1-24-2007; Ord. No. 2011-3168, § 6, 8-24-2011; Ord. No. 2011-3169, §§ 1, 2, 8-24-2011; Ord. No. 2011-3178, §§ 2, 3, 8-24-2011; Ord. No. 2012-3209, § 3, 3-28-2012; Ord. No. 3247, § 1, 9-26-2012; Ord. No. 3369, § 2, 2-26-2014; Ord. No. 3660, § 7, 11-30-2016; Ord. No. 3962, § 6, 5-22-2019; Ord. No. 4292, §§ 14—17, 7-13-2022; Ord. No. 4509, § 6, 7-24-2024)

Sec. 405.260. - "I-2" Heavy Industrial District.

(a)

Purpose. This district represents those areas of the city in which principal use is a wide variety of heavy industrial uses not provided for elsewhere within these zoning regulations. The district provides for intensive manufacturing, assembly, warehousing and wholesale distributing located with direct access to major thoroughfares and railroads. It is the purpose of these regulations to protect adjacent land uses from incompatible industrial activities and to restrict the intrusion of certain uses that are more suitable in commercial zones.

(b)

Permitted uses.

(1)

Any permitted use in the "I-1" Light Industrial District.

(2)

Bottled gas sales.

(3)

Food canning and preserving facility.

(4)

Leather tanning and finishing.

(5)

Lumberyard including planing and millwork.

(6)

Metal coating and stamping.

(7)

(8)

Motor freight garaging and equipment maintenance.

(9)

Poultry and small game dressing and packing.

(10)

Railroad equipment, terminal, maintenance yard and right-of-way.

(11)

Taxicab dispatch garaging and maintenance.

(12)

Truck and bus terminal.

(13)

Utility maintenance yard for gas, electric, cable, telephone.

(14)

Warehousing and storage of household goods.

(15)

Manufacture and assembly of the following:

Agricultural chemicals and fertilizers;

Automobile and motor vehicles and equipment;

Biological products;

Boats and boat trailers;

Brick, clay, asphalt;

Cardboard and paperboard containers;

Concrete products;

Construction, mining, material handling equipment;

Cut stone and stone products;

Engines and turbines;

Fabricated and structural metal products;

Farm machinery and equipment;

Food products;

Foundry, non-ferrous metal;

Guns and related equipment (small arms);

Hardwood and linoleum floor covering;

Household chemicals and cleaning products;

Industrial machinery and equipment;

Lime products;

Meat and sausage products;

Meat packing (not stockyard);

Medical chemicals;

Metal working machinery and equipment;

Metal works and sign displays;

Oilcloth, plastic fabrics, and vinyl products;

Paint, varnish, lacquer, enamel;

aa.

Perfumes and cosmetics;

bb.

Prefabricated buildings and structures;

cc.

Recreational vehicles and equipment;

dd.

Rubber fabricated products;

ee.

Steel pipes and tubes;

ff.

Steel wire drawing, steel nails, spikes; and

gg.

Stone products and cut stone works.

(16)

Wholesale merchandising and storage warehousing of products similar to:

Agricultural chemicals and fertilizers;

Automobile and other motor vehicles and equipment;

Dairy products;

Poultry and poultry products;

Meat packing products;

Petroleum, fuel oil bulk stations and terminals.

(17)

Towing and recovery facility.

(18)

Medical marijuana cultivation facilities.

(19)

Medical marijuana manufacturing facilities.

(20)

Medical marijuana testing facilities.

(c)

Conditional use permits.

(1)

Airfield, landing fields, heliports including aircraft storage and terminals.

(2)

Ammunition assembly and manufacturing.

(3)

Asphalt mixing plant.

(4)

Cement, lime, gypsum or plaster of Paris product manufacturing.

(5)

Electric generating plant.

(6)

Explosive devices or materials storage or manufacture.

(7)

Extraction or quarrying of sand, gravel, topsoil or other material.

(8)

Fat, grease, shortening, lard, rendering or refining.

(9)

Firing range.

(10)

Fuel, fuel oil and liquid petroleum gas sales.

(11)

Gas production and storage plants.

(12)

Glue and gelatin manufacturing.

(13)

Grease and lubricating oil manufacturing.

(14)

(15)

Mobile food vendor on site not less than 15 acres.

(16)

Public parking lot or garage, including self-storage lots for motor vehicles, recreational vehicles, boats or trailers.

(17)

(18)

Recycle operation for paper, glass, oil, metal, but not salvage under conditions in article IV of this chapter.

(19)

Redi-mix concrete batch plant.

(20)

Schools, technical and trade.

(21)

Sexually explicit business establishments including bookstores and sale of novelties.

(22)

Solid waste transfer station.

(23)

Wind farm.

(24)

(d)

Regulations and performance standards.

(1)

Minimum lot area. Three acres.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 50 feet.

Side yard. Not less than 50 feet.

Rear yard. Not less than 50 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 60 feet or three stories, whichever is less.

(5)

(6)

Off-street parking and loading. As required by article V of this chapter, and including:

Loading operations shall be constructed at the side or rear of buildings. No truck shall extend into a public street used for traffic circulation while loading or unloading.

Adequate parking shall be provided off-street for uses in the district, if necessary parking shall exceed minimum parking standards in section 405.580.

(7)

Performance standards.

All industrial operations shall be contained within a completely enclosed building, except for storage as allowed in subsection (d)(7)b of this section.

All storage of products, material and equipment shall be within a fully enclosed building or in a side or rear yard screened by the users of the "I-2" heavy industrial property by berms, dense vegetative plantings, opaque fencing, masonry walls or a combination of these materials at least eight feet in height so that the materials and equipment are not visible at the grade of the nearest adjacent street or adjoining property. Chain link fencing with vinyl inserts is permissive and shall have sufficient density (75 percent) of screening material, subject to site plan approval. Open storage of materials or finished goods shall not exceed 50 percent of the lot area.

Vehicles uses in conjunction with the operation of the business shall be parked to the side or rear of the business if such parking is available. If such parking is not available, vehicles shall not be parked to obstruct visibility of the business.

Other performance standards. See article IV of this chapter.

(8)

Public utilities. Any area zoned "I-2" Heavy Industrial District shall be served by approved public water and sanitary sewer facilities. All electric, telephone or other utilities extended within the "I-2" district shall be constructed underground. (See section 410.340 for underground wiring regulations.)

(9)

Suggested building materials. Industrial buildings shall have exterior wall material of brick, stone, stucco, textured Masonite, decorative concrete masonry unit, glass, EIFS/Dryvit, standing metal seam panels, concrete tilt-up with painted or treated vinyl or wood siding, concrete cinder block, that is painted or finished.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, on industrial buildings shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

Front facade. The front facade of every industrial building in the "I-2" Heavy Industrial District, excluding window glass, shall be comprised of brick, stone or masonry material for a minimum of 30 percent of the facades facing a public street. All buildings shall present a well-maintained frontage, harmonious in design to the surrounding vicinity. Creative use and design of other materials are encouraged to accent brick, stone or masonry work on the front facades.

(10)

Protective screening.

Reserved.

(11)

Reserved.

(Code 2006, § 405.150; Code 2008, § 405.150; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1614, § 2, 3-23-2000; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1864, § 3, 5-22-2002; Ord. No. 2515, § 3, 4-26-2006; Ord. No. 2011-3168, § 6, 8-24-2011; Ord. No. 2011-3169, §§ 1, 2, 8-24-2011; Ord. No. 2011-3178, § 3, 8-24-2011; Ord. No. 3202, § 3, 1-25-2012; Ord. No. 2012-3209, § 3, 3-28-2012; Ord. No. 3247, § 2, 9-26-2012; Ord. No. 3369, § 3, 2-26-2014; Ord. No. 3660, § 7, 11-30-2016; Ord. No. 3962, § 7, 5-22-2019; Ord. No. 4292, §§ 18, 19, 7-13-2022; Ord. No. 4509, § 7, 7-24-2024)

Sec. 405.270. - "PD" Planned Development District.

(a)

Intent and purpose.

(1)

The purpose of the planned development district is to provide a means of achieving a greater flexibility in development of land in a manner not possible in conventional zones; to encourage more imaginative and innovative design of projects; to promote a more desirable community environment; to embrace, promote, preserve and enhance the public and private urban forest; and to retain maximum control over both the structure and future operation of the development. The planned development district serves to preserve existing natural features, scenic qualities or existing open and wooded spaces and adapt the development to existing land features.

(2)

The board of aldermen, upon recommendation by the planning and zoning commission, may, by ordinance adopted in the same manner as zoning districts are created, authorize a planned development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than would otherwise be possible under the general regulations which do not permit excessive densities, or the development of incompatible land uses, either within a development, or as the development relates to the general neighborhood.

(3)

The city may, upon proper application, approve a planned development using flexible techniques of land development and site design to gain relief from zoning requirements in relation to lot size, dwelling size and property line setbacks, designed for conventional developments; provided, however, that the application shall not conflict with, or result in encroachment upon, any standard of chapter 410, and shall only be approved upon demonstration of achievement of one or more of the following objectives:

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

Diversification in the uses permitted and variation of the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

Functional and beneficial uses of open space areas and preservation and protection of natural features of a development site, inclusive of preservation, planting, maintenance, restoration, protection and survival of desirable tree canopy areas within a development site.

Establishment and maintenance of the neighborhood concept by allowing non-residential uses within the development, thereby discouraging strip commercial development.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

Rational and cost effective development in relation to public services and public and private infrastructure installation and maintenance by reducing the distance utilities are extended and installed or reducing width and length of streets, except that no easement encroachments shall be permitted as a result of the review and processing of any preliminary or final development plan required by this section.

Efficient and effective traffic circulation, both within and adjacent to the development site, and the encouragement of pedestrian and non-motorized pathway utilizing site features, compliant with the trail master plan or land use plan, and thus establishing performance standards that ensure sidewalks and trails are not impeded by motor vehicles associated with the development.

To decrease or minimize non-point source pollution impacts by reducing the amount of impervious surfaces in site development.

(b)

Relationship of planned development districts to zoning.

(1)

Mapped district. The "PD" designation is not intended to be attached to existing use districts as an overlay. The "PD" designation as detailed in this section is a separate use district and may be attached to a parcel of land as an original zoning district, or it may be attached to a parcel of land through the process of zoning map amendment (rezoning). A zoning map amendment to achieve the "PD" designation shall comply with the requirements and procedures of article X of this chapter, including those for public hearings. If a property is zoned agricultural within the city and greater density is requested based upon the city's comprehensive plan, an application for zoning district amendment under the procedures of article X of this chapter is required to establish a residential zoning district classification and residential density.

(2)

Plan approval required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this section that no development or redevelopment of property represented by the "PD" designation take place until an acceptable preliminary and final development plan has been reviewed and approved in conformance with the requirements of this section. A planned development will involve subdivision of land; therefore, the subdivision review and approval procedures contained in chapter 410 shall be administered. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in article VI of this chapter, until such time as they are included in an approved development plan.

(3)

Types of planned developments. All areas of the city subject to the "PD" designation shall be assigned one of the following subclassifications that shall be considered a separate use district and be subject to the specific restrictions and limitations outlined in this section:

Planned Development—Residential ("PD-R"). Planned developments involving residential uses only.

Planned Development—Commercial ("PD-C"). Planned developments involving commercial uses only.

Planned Development—Industrial ("PD-I"). Planned developments involving industrial uses only.

Planned Development Mixed Use ("PD-MXD"). Planned developments involving a mixture of residential and non-residential uses.

(4)

Approved planned districts. Approved or properly executed planned developments existing at the time of adoption of these regulations will be subject to the restrictions of the final development plan approved by the city and will not be required to comply with these regulations.

(c)

Overall Development Site Size. The minimum overall site size required for planned developments shall be as follows:

Planned Development—Residential: 10.0 acres.

Planned Development—Commercial: 1.0 acre.

Planned Development—Industrial: 2.0 acres.

Planned Development—Mixed Use: 30.0 acres.

These minimum site sizes may be waived by the board of aldermen upon recommendation by the planning and zoning commission if a specific proposal has severe limitations regarding topography, wetlands, floodplains, soil conditions, utility easements, or unusual land shape or proportions for conventional development; or if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or if the board of aldermen determines such waiver to be in the general public interest.

(d)

Permitted uses. The use of land is considered an integral element of the proposed development plan. Approval of the proposed development by the board of aldermen carries with it approval of the various uses encompassed by it. Based upon this relationship, the planning and zoning commission and the board of aldermen may require revisions to the proposed development plan as it relates to the proposed uses; or may require elimination from the plan of any use considered inappropriate, based upon its relationship to other uses proposed in the plan, surrounding existing land uses, land uses featured in the comprehensive plan for the city or other factors demonstrating that, based on sound planning principles, the use is not compatible or appropriate in the area proposed. Uses of land shall be established by the ordinance adopted by the board of aldermen authorizing the "PD" planned development district. Uses of land, which may be proposed within a development plan, by "PD" subclassification are as follows:

Subclassification	Requirement
Planned Development—Residential	Uses may include only those uses designated as permitted, accessory or conditional uses in the "R-1A" through "R-1E" Single-Family Districts, "R-2" Two-Family District and "R-3" Multi-Family District.
Planned Development—Commercial	Uses may include only those uses designated as permitted or conditional uses in the "C-O" Office District, "C-1," "C-2" and "C-3" Commercial Districts, or other uses of commercial nature, but excluding residential uses.
Planned Development—Industrial	Uses may include those uses designated as permitted or conditional uses in the "C-O" Office District, "I-1" or "I-2" Industrial Districts, but excluding residential uses.
Planned Development—Mixed Use	Uses may include those uses designated as permitted, accessory or conditional uses in any of the districts.

Regardless of the classification of the use in the underlying district (i.e., permitted, accessory or conditional), such use as a part of any proposed "PD" or amendment thereto shall be approved only through the "PD" process set forth in this section.

(e)

Density and area regulations and performance standards.

(1)

General standards. Approval of the preliminary development plan may provide for regular exceptions from traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development; provided, however, such exceptions must be consistent with the standards and criteria contained in this section and have been specifically requested in the application for a planned development; and further, that no modification of the regulations contained herein would be allowed with the following results:

Inadequate or unsafe motor vehicle or pedestrian access, or inadequate utility access within the planned development;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

Undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve, or are proposed to serve, the planned development;

Development which will be incompatible with the general purposes of this chapter; or

Detrimental environmental or aesthetic impact on the surrounding area, or individual lot area, by coverage of structures to achieve adequate sunlight, air and storm water conveyance.

It shall be the responsibility of the applicant to clearly demonstrate that the above criteria are being met. The burden of proof shall rest with the developer and not city staff or the planning and zoning commission.

(2)

Designation of open space.

A minimum of fifteen (15) percent of the total project area shall be dedicated as common open space, unless clustering is utilized (see section 405.155(e)(3), "clustering design standards"). Pre-developed slopes of forty (40) percent or more shall be preserved as common open space, excluding areas used in conjunction with subdivision plan street layout and design. Floodplain or floodway areas shall be designated as common open space utilized for recreational or open space amenities. Impact on these areas is permissive upon application and preliminary and final plan approval for portions of residential lot development. Amenities such as trails, swimming pools, clubhouses, playgrounds, soccer fields, baseball diamonds, tennis courts or other fixed structures will be considered, but are not required for the approval of a planned development district and the city shall give positive consideration to a preliminary development plan that preserves green space and trees, above that which is undevelopable.

Common open space shall be used for the collective enjoyment of the occupants of the development or for the general public if so dedicated. Common open space shall be distributed equally throughout the development as practicable and be highly accessible to the dwelling units it is intended to serve and shall not be isolated to areas of unusable land.

No area of interior project common open space in the development plan shall be less than twenty (20) feet in width in its smallest dimension.

The use, operation and maintenance of the common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association or trustees.

(3)

Clustering design standards.

Purpose. As an alternative to the density and open space requirements of subsections (e)(1) and (2) of this section, a developer may choose to cluster or group the structures of an entire development or on a portion of an overall development so as to preserve a significant amount of the site as protected open or wooded space, recreation areas or common area. If the proposed development is within the medium density residential land use category and the developer chooses to have a portion of the development as a cluster, the area to be clustered shall meet the minimum open space requirements as set forth in the clustering design standards, while the gross open space for the entire development shall be a minimum of 35 percent. The city encourages developers to investigate the clustering approach as it often can reduce the cost of development by reducing the amount of streets, utilities and other improvements while simultaneously benefitting the environment by reducing impervious surface, stormwater runoff, protecting woodlands and otherwise preserving natural or other beneficial features and functions of the land.

Minimum required open space. Minimum required open space for a cluster development (based upon city comprehensive land use map):

Land Use Category	Minimum Required Open Space
Low density residential	60%
Medium density residential	40%

Application. All applications for a cluster development shall be filed with the planning and zoning department and shall be identified as a cluster development subdivision. In addition to the requirements of subsection (f)(2) of this section, the application shall include a statement verifying that the applicant submission of a proposed cluster development complies with the intent of this section as stated in subsection (a) of this section and the applicant shall provide an 11-inch by 17-inch aerial image of the proposed development tract off of an aerial source not dated in excess of three years and a preliminary plat under standards of this Code, specifically section 410.110.

Common ground and dedicated land. Common ground and land dedications, to be included in the gross acreage of the development for density calculations, shall have the following permitted uses:

Conservation of open space in its natural state.

Recreation amenities and their accessory structures, including, but not limited to, trails, picnic areas, community gardens, playing fields, playground and multi-use courts or uses similar in nature.

Parking areas to serve recreational facilities.

(4)

Reserved.

(5)

Development phasing. If construction of the development is to occur in stages, then open space or recreational amenities should be developed in reasonable proportion to the number of dwelling units intended to be developed and to be served during any given stage of construction as approved on the final development plat by the board of aldermen.

(6)

Elevations required. For all "PD" developments, the applicant shall present to the city illustrations or colored elevations of proposed buildings within the development, provided the applicant may submit to the city for review buildings with different elevations than those adopted by the approving ordinance, approval of that are contingent upon the revised buildings being of similar materials and the new elevations being substantially compliant with amounts of exterior features shown on the previously submitted elevations.

(7)

Use of professional consultants. In review of a preliminary or final development plan for approval, the planning commission or the board of aldermen may elect to utilize qualified technical personnel or professional consultants to provide traffic impact analysis, stormwater and erosion control, if applicable, based upon unique circumstances in excess of standard review or similar studies related to the proposed development. The cost of such professional assistance shall be borne by the applicant.

(8)

Non-residential development. Non-residential uses permitted in the "PD" Planned Development District shall be subject to all the requirements for lot area, width, height, yards and setbacks of the district in which it was permitted unless modified by the ordinance adopted by the board of aldermen authorizing the planned development.

(9)

Planned Development—Residential.

Residential density. The purpose of a planned development is to allow modifications to development standards which cannot be achieved in conventional zoning districts. Proposed housing may be clustered and grouped to achieve or preserve open space and other amenities. The density of residential development shall be based upon the density limits of the existing residential districts. In no case shall the housing density exceed the limits of that permitted for the total site based upon the mapped residential districts, except as illustrated in subsection (e)(8)b of this section.

(f)

Procedures for planned development; approval.

(1)

Pre-application meeting.

Within six months prior to filing any application for rezoning to one of the planned development districts, the prospective applicant may request a pre-application conference with the community development department. The community development director may request that other city representatives attend this meeting. At this meeting the applicant shall provide general information on the proposed development, including the site location, existing site conditions and a sketch plan of the proposed planned development. The community development director shall provide the applicant an evaluation of the sketch plan with respect to its compliance with the intent of the planned development regulations. This conference is intended to ensure conformity with the intent of the "PD" district and conformity with other city ordinances and requirements. Applicants unfamiliar with the current planned development district process, or those with unique or complex issues pertaining to their proposed development, are strongly encouraged to avail themselves of the pre-application meeting.

The information included with the sketch plan will be those items indicated in sections 405.820 and 410.110 and the following information where applicable:

Conceptual building footprints for all proposed structures except one- and two-family dwellings proposed on subdivided lots;

Circulation plan, including all circulation streets and parking areas;

Conceptual landscaping plan indicating common open space areas, park site if proposed, recreational areas, and buffer areas between the project and adjacent properties.

(2)

Preliminary development plan; preliminary development plan requirements. A preliminary development plan shall include the information required in section 410.110, as applicable. In addition, the following information shall be included as applicable:

Gross and net acreage of the tract (exclusive of streets).

Preliminary building footprints of all proposed structures, except single-family detached and two-family dwellings proposed on subdivided lots.

Internal traffic circulation drives and parking areas, except driveways associated with single-family and two-family dwellings proposed on subdivided lots.

Maximum number of residential dwelling units allowed per the existing zoning district or districts.

Number of residential dwelling units proposed and residential densities proposed for the development.

Number of off-street parking spaces required and proposed.

Gross floor area of principal buildings and structures. Non-residential uses shall be identified by use type.

Building setbacks from property lines and between buildings where more than one building is located on a lot.

The proposed location and use of open spaces, including common ground, recreational areas, plazas and buffer areas.

Reserved.

The applicant may be required to provide such additional clarification or information on the preliminary development plan as determined by the community development director or the planning and zoning commission.

A statement verifying that the applicant's submission of a proposed development complies with the intent of this section as stated in subsection (a) of this section. The statement should separately address the items identified in subsection (a) of this section.

(3)

Preliminary development plan review procedure.

Preliminary subdivision plat approval. An applicant seeking approval under the planned development district process shall file an application for preliminary development plan approval and submit seven copies of the preliminary development plan; otherwise the pre-application meeting must be repeated. The preliminary development plan associated with a planned development shall be subject to the provisions of and shall serve as the preliminary plat in accordance with section 410.110.

Completeness of submittal. Upon receipt of the application for rezoning to a "PD" district and an associated preliminary development plan, the community development director shall review the submitted plan for completeness. If the community development director determines the plan is incomplete, the applicant shall be notified of its deficiencies and the review procedure may be delayed until such time as all required information has been provided. The community development director shall distribute copies of the completed submittal to the public works department directors, fire department, school district and other public utility providers and MoDOT, as applicable.

Staff review. The community development director shall review the preliminary development plan and solicit comments from other city staff regarding compliance with the subdivision regulations and other applicable regulations and to identify any deficiencies and site planning issues to the applicant. Staff findings shall be submitted to the planning and zoning commission.

Resubmission of preliminary development plan. The applicant shall resubmit 25 copies of the revised preliminary development plan incorporating any changes resulting from staff review. Copies of the revised plan shall be forwarded to the planning and zoning commission for recommendation to the board of aldermen.

Public hearing. The planning and zoning commission shall hold a public hearing on the rezoning request for a "PD" district and associated preliminary development plan and plat in accordance with the provisions of article X of this chapter.

Planning and zoning commission recommendation. The planning and zoning commission shall forward its recommendation to the board of aldermen. This recommendation shall address site planning issues and compatibility with adjoining areas. A recommendation for approval shall include conditions, as appropriate, to be included in the ordinance establishing the "PD" district. Such conditions may include, as applicable, but shall not be limited to:

Permitted uses;

The number of lots or dwelling units authorized;

The maximum floor area authorized for any non-residential use for each building within the development permitted in a "PD-C," "PD-I" or "PD-MXD" district;

Building and structure height limitations;

Minimum setback requirements;

Minimum acreage and function of open spaces and recreational amenities if applicable;

Compliance with off-street parking and loading requirements;

Compliance with sign regulations;

Compliance with street design or circulation;

10.

Lighting limitations for non-residential uses;

11.

Hours of operation limitations for non-residential uses.

Public hearing before board of aldermen. The board of aldermen shall hold a public hearing on the rezoning request for the "PD" district and associated preliminary development plan in accordance with the provisions of article X of this chapter.

Board of aldermen approval. If the preliminary development plan is approved by the board of aldermen, it shall adopt an ordinance establishing the appropriate "PD" district. The ordinance shall include reference to an approved preliminary development plan citing all conditions imposed on the plan and requiring the submission of a final development plan for review and certification by the city. A two-thirds vote of the entire membership of the board of aldermen shall be required to overrule the planning and zoning commission recommendations.

(4)

Effect of approval of preliminary development plan and period of validity.

All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all land involved.

Approval of the preliminary development plan by the board of aldermen constitutes an authorization to proceed with the preparation of the final development plan. No building permits shall be issued until a final development plan has been approved in accordance with this section.

Approval of a preliminary development plan shall be valid for a period of two years from the date of the board of aldermen approval. If an application for final development plan approval for all or a portion of the preliminary development plan has not been filed within a two-year period, then a resubmission of the preliminary development plan shall be required. The board of aldermen may grant a one-year extension from the date of expiration.

Note: All currently valid preliminary development plans approved under this section for which no application for final development plan approval has yet been submitted are hereby granted an extension of four years, up to and including February 9, 2015, to file an application for final development plan approval.

The planning department shall notify the applicant in writing prior to expiration of any plan approval notifying the applicant of the expiration date.

(5)

Final development plan.

Compliance with the approved preliminary development plan. The final development plan shall be in substantial compliance with the approved preliminary development plan and shall comply with the conditions of the ordinance establishing the specific "PD" district.

Final development plan submittal requirements. The final development plan shall include the required information described in the subdivision regulations, section 410.150, as applicable, and information from the approved preliminary development plan. In addition, the following information shall be included as applicable:

The final development plan shall include the entire planned development. The development may occur in phases with estimated dates for completion.

Any plan revisions that are required as a result of conditions placed upon the preliminary development plan. Approval of the final development plan constitutes what must be built.

The final landscape plan identifying the specific location of all plant material specifying size and species.

Written evidence that designs for streets or signalization have been approved by the state department of transportation or the county highway department if the development proposes street access to either jurisdiction.

Final development plan review. The applicant shall submit seven copies of the final development plan for review by the community development director. Upon receipt of the plan and any other applicable documents, the community development director shall review the documents to determine completeness. The community development director shall notify the applicant of plan deficiencies if the submittal is incomplete. The community development director may delay the processing of the final development plan until such time as all required information has been provided. The community development director shall solicit comments from other city staff with respect to meeting the requirements of the subdivision regulations and other applicable regulations. Staff findings shall be submitted to the planning and zoning commission. The applicant shall resubmit 25 copies of the revised final development plan incorporating any changes resulting from staff review. Copies of the revised plan shall be forwarded to the planning and zoning commission for review.

Planning and zoning commission recommendation. The planning and zoning commission shall review and forward its recommendation to the board of aldermen. This recommendation shall address the final development plan and ensure that the plan is in substantial compliance with the approved preliminary development plan and satisfies the conditions of the ordinance which established the "PD" district.

Board of aldermen approval. The board of aldermen shall adopt an ordinance approving the plan. The ordinance shall include reference to the approved preliminary development plan and certify that all conditions of preliminary plan approval have been provided for in the final development plan.

Final development plat approval. Final development plat approval associated with a planned development shall be subject to the provisions of the subdivision regulations, section 410.150.

Approval of a final development plan shall be valid for a period of two years from the date of approval by the board of aldermen or such additional time as the board of aldermen deems necessary. One month prior to the expiration of the applicable approval, the planning department shall notify the applicant in writing of the pending expiration date. The board of aldermen may grant a one-year extension from the date of expiration.

Note: All currently valid final development plans approved pursuant to this section are hereby granted an extension of the period of validity for a period of four years, up to and including February 9, 2015.

(g)

Amendments to the "PD" ordinance or development plan.

(1)

Amendment request. The property owner or authorized representative shall submit a written request to the community development director to amend the conditions of the ordinance establishing the "PD" district or development plan for review.

(2)

Administrative approval; minor amendments. The community development director shall review the request in relation to the approved "PD" ordinance and development plan that was subject to the ordinance approving such plan. If the community development director determines that the requested changes are minor modifications and are not in major conflict with the plan approved by the board of aldermen, the community development director shall require the submittal of an amended plan and approve the plan without further public hearings. The community development director shall indicate in writing approval of the changes to the applicant and shall report in writing to the planning and zoning commission and board of aldermen of the change. The amended plan shall be retained on file in the city's planning department. Administrative approval pursuant to this section shall not result in any of the following:

A substantial change in the character of the development;

A substantial increase in the coverage of structures;

Any increase to residential density;

Increase in traffic volumes or traffic circulation;

A substantial reduction in the amount of open space;

A reduction in the amount of required parking; and

Any other request of similar character.

(3)

Major amendments, adjustments or changes.

If the community development director determines that the proposed plan changes are in conflict with the approved final development plan, and the amendments are substantial in nature, the amended plan shall be reconsidered for approval by the planning and zoning commission and board of aldermen using the same process as set forth in subsections (f)(3)e through h of this section.

In the event that any application to amend an approved final development plan is denied by the board of aldermen, reapplication for the purposes of further review of the same application shall not be accepted by the city until 12 months after the date of final action on the original application for amendment.

(h)

Performance guarantees. As a condition of the approval of a planned development, the applicant shall deposit with the community development director a performance guarantee compliant with the provision provided in section 410.140, as applicable.

(Code 2006, § 405.155; Code 2008, § 405.155; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1614, § 1, 3-23-2000; Ord. No. 1746, § 2, 3-28-2001; Ord. No. 1997, § 1, 8-27-2003; Ord. No. 2783, § 1, 9-26-2007; Ord. No. 2848, §§ 1, 2, 3-26-2008; Ord. No. 2919, §§ 3, 4, 8-27-2008; Ord. No. 3001, § 2, 6-24-2009; Ord. No. 2011-3116, § 1, 1-26-2011; Ord. No. 2011-3117, § 1, 1-26-2011; Ord. No. 2011-3118, § 1, 1-26-2011; Ord. No. 2011-3119, § 1, 1-26-2011; Ord. No. 2011-3127, § 1, 1-26-2011; Ord. No. 3130, §§ 1, 2, 2-9-2011; Ord. No. 2011-3131, § 1, 2-23-2011; Ord. No. 2011-3170, §§ 1, 3, 8-24-2011; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 3202, § 4, 1-25-2012; Ord. No. 3660, §§ 5, 6, 11-30-2016; Ord. No. 3895, §§ 1—3, 9-12-2018; Ord. No. 4449, § 1, 1-10-2024; Ord. No. 4509, §§ 8, 9, 7-24-2024)

Sec. 405.280. - Airport zones.

(a)

Scope of provisions. This section contains the air navigation space regulations for the city. These regulations shall apply as hereinafter indicated.

(b)

Statement of intent. The air navigation space regulations shall establish height limitations for structures and trees within proximity to aircraft landing approach areas and major airport maneuvering areas.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Airport means an area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any.

Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Larger than utility runway means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

Object means a structure, including a mobile structure, constructed or installed by man, or a product of nature, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, trees, overhead transmission lines, and utility poles.

Person means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). The term "precision instrument runway" also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specifically prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway.

Runway means a defined area on an airport prepared for landing and takeoff or aircraft along its length.

Transitional surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

Utility runway means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

(d)

Airport zones established. Airport zones are hereby created and established in the city and shall comprise all of the land lying beneath city airport approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces. Except as otherwise provided in this section, no object shall be erected, altered, maintained, planted, or be allowed to grow in any zone created by this chapter, to a height in excess of the applicable height limitations herein established for such zone. A tract of land located in more than one of the following zones shall be deemed to be in the zone with the more restrictive height limitation. Other regulations appearing in this chapter that are inconsistent herewith are superseded to the extent of such inconsistency.

(e)

Height limitations. The various zones and their height limitations are hereby established and defined as follows:

(1)

Utility runway visual approach zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface and expanding outwardly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. The centerline of the approach zone shall be established by an imaginary plane sloping 20 feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(2)

Utility runway non-precision instrument approach zone. Shall have a width at its inner edge of 500 feet, and expanding outwardly from the primary surface to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitation shall be established by an imaginary plane sloping 20 feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(3)

Larger than utility runway with a visibility minimum greater than three-fourths mile non-precision instrument approach zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface and expanding outwardly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping 34 feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(4)

Larger than utility runway with a visibility minimum of three-fourths mile, non-precision instrument approach zone. Shall have a width at its inner edge of 1,000 feet and expanding outwardly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(5)

Precision instrument runway approach zone. Shall have a width at its inner edge of 1,000 feet and expanding outwardly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping 50 feet outward for each foot upward commencing at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence sloping upward one foot vertically for each 40 feet horizontally to an additional distance of 40,000 feet along the extended runway centerline.

(6)

Transitional zones. The areas beneath the transitional surfaces. The height limitations shall be established by an imaginary plane sloping seven feet outward for each foot upward, commencing at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(7)

Horizontal zone. Established by swinging arcs of 5,000 feet (for all runways designated utility or visual) or 10,000 feet (for all other types of runways) radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The height limitation shall be an imaginary plane lying 150 feet above the airport elevation.

(8)

Conical zone. Established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The height limitation shall be established by an imaginary plane sloping 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(f)

Nothing in these regulations shall be construed to prohibit the emplacement, construction, maintenance, or growth of any object not exceeding a height of 35 feet above the airport elevation at the base of such object.

(g)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazard, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(h)

The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any object not conforming to the regulations as of the effective date of the ordinance from which this chapter is derived (July 26, 1990), or otherwise interfere with the continuance of the non-conforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any object, the construction or alteration of which was begun prior to the effective date of the ordinance from which this chapter is derived (July 26, 1990), and is diligently prosecuted. Notwithstanding the preceding provision of this section, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport to be protected thereby.

(Code 2006, § 405.160; Code 2008, § 405.160; Ord. No. 1076, §§ 1, 2, 7-26-1990)

Sec. 405.290. - "HF" Highway Frontages Overlay District.

(a)

Purpose.

(1)

The "HF" Highway Frontages Overlay District is established in recognition of the importance of the highway frontages to the city's image and development. Its purpose is to establish special design guidelines and standards to ensure high-quality and compatible development. The district encourages architectural design and more imaginative and innovative design of projects developed in a symbiotic relationship with the major transportation corridors.

(2)

Similar to a planned development district, this district promotes a more desirable community environment, while retaining control over the structures and site improvements. The "HF" Highway Frontages Overlay District serves to preserve existing natural features, scenic quality or existing open spaces, and adapting the development to existing land features; while achieving a greater flexibility in development of land. The district is an overlay district in relationship to existing underlying districts.

(b)

Location. The "HF" Highway Frontages Overlay District shall be applied to only those designated areas as shown on the official zoning map of the city.

(c)

Permitted uses. Only those uses listed as permitted uses for the underlying zoning district, as shown on the official zoning map, shall be allowed as permitted uses.

(d)

Conditional uses. Only those uses listed as conditional uses for the underlying zoning district, as shown on the official zoning map, shall be allowed as conditional uses in accordance with the procedure outlined under article XIII of this chapter.

(e)

Prohibited uses. Only those uses listed as permitted or conditional uses for the underlying zoning district, as shown on the official zoning map, shall be allowed. In accordance with the provisions of this chapter, uses not specifically listed are prohibited.

(f)

Regulations and performance standards.

(1)

General standards.

Approval of the preliminary or site development plan may provide for exceptions from bulk, area and setback requirements of the underlying zoning districts as may be necessary or desirable to achieve the objectives of the proposed development; provided, however, such exceptions do not permit a use prohibited by this section or the underlying zoning district, are consistent with the standards and criteria contained in this section and further, that no modification of the regulations contained herein would be allowed with the following results:

Inadequate or unsafe access to the development;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

Undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the development;

Development which will be incompatible with the purposes of this chapter; or

Detrimental environmental impact on the surrounding area, including aesthetics.

It shall be the responsibility of the applicant to clearly demonstrate that the above criteria are being met. The burden of proof shall rest with the developer, and not city staff or the planning commission.

Subject to subsection (f)(17) of this section, these regulations apply to new construction and are applicable when a preliminary plat or site development plan is required under the guidelines established in this Code.

(2)

Designation of open space in residential developments; buffer yards; berms.

For residential development, a minimum of 15 percent of the total project area shall be dedicated as common open space. Pre-developed slopes of 40 percent or more shall be preserved as common open space, excluding areas used in conjunction with subdivision plan street layout and design. Floodplain or floodway areas shall be designated as common open space utilized for recreational or open space amenities. Impact on these areas is permissive upon application and preliminary and final plan approval for portions of residential lot development.

Common open space in residential developments shall be used for the collective enjoyment of the occupants of the development or for the general public if so dedicated. Common open space shall be distributed equally throughout the development as practicable and be highly accessible to the dwelling units it is intended to serve and shall not be isolated to areas of unusable land.

No area of interior project common open space in the residential development plan shall be less than ten feet in width in its smallest dimension.

The use, operation and maintenance of the residential common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association of trustees.

Reserved.

(3)

Reserved.

(4)

Lighting.

Reserved.

The pole, pole base, and fixture housing shall be bronze or black.

All lighting shall be metal halide and served with underground cables.

All parking areas and walkways shall be illuminated so as to produce a minimum uniform illumination of two footcandles within the area but no more than one-half footcandle at the property line.

(5)

Elevations required. Building elevations for each development shall be submitted to the planning commission for review, and to the board of aldermen for review and approval. These elevations shall show the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of 11 inches by 17 inches in dimension and be of reasonable quality. A file ready (approximately 8½-inch by 11-inch size) copy of the rendering must be submitted to the city and kept for a permanent record.

(6)

Architectural design standards.

All sides of structures shall receive equal architectural treatment or be compatible with each other as determined by the planning commission. Structures are strongly encouraged to have architectural features (i.e., reveals, dormers, soldier courses, cornices, etc.) to add architectural character to the structure.

The use of decorative masonry, glass, textured/form lined tilt-up concrete panels or decorative architecturally enhanced metal wall panels are required for exterior facing materials for non-residential buildings. The use of decorative masonry and architectural vinyl siding is required for exterior facing materials for residential buildings. Non-decorative prefabricated metal and non-decorative cinder block building exteriors are prohibited. A total of 20 percent of a wall elevation can be an EIFS material, or other material upon recommendation by the planning commission and approval by the board of aldermen. Applicant shall provide an exhibit or samples of the proposed materials.

The primary color on all buildings shall be earth tone colors. Non-earth tone colors may be permitted as accent markings upon review and approval by the planning commission.

Roof coverings for pitched roofs shall be composed of one of the following materials:

Architectural asphalt shingles (black thunderstorm, gray, or dark green in color).

Wood shakes.

Slate shingles.

Green standing seam metal.

Architecturally enhanced parapet for flat roofing systems.

Alternative roofing colors or materials, subject to site plan review and approval by the planning and zoning commission so long as the applicant can clearly demonstrate that they offer comparable durability and aesthetic quality.

All HVAC and mechanical equipment shall be screened from public view. Roof- and wall-mounted equipment and materials shall be screened and made a part of the architecture of the building and are to be painted to match the building or roof color.

Gasoline canopies shall be architecturally compatible with the principal structure on the premises and shall not exceed a height of 18 feet.

All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry material. Wood ties and cinder block materials are prohibited.

All service doors or overhead doors shall have an exterior color which predominately matches the building color.

Buildings are encouraged to utilize Leadership in Energy and Environmental Design (LEED) concepts and principles in their design and construction.

All fencing located within the "HF" Highway Frontages Overlay District shall be ornamental.

(7)

Protective screening. All exterior waste containers, container racks, incinerators or other outside storage areas shall have a concrete floor and be screened from public view by an enclosure that shall be a minimum of six feet in height. Screening shall be constructed of masonry materials similar to the building and be attached to the main building structure upon review and approval by the planning commission. The container collection areas shall not be located in the front yard area.

(8)

Signage. All signage shall be governed by the provisions of the city's sign regulations (article XII of this chapter) except for the following:

Pole signs shall be prohibited in the "HF" district but a non-residential development may have instead, one freestanding monument sign per lot. Freestanding monument signs shall be limited to a maximum height of six feet, 50 square feet per facing, and a total aggregate of 100 square feet. Notwithstanding the above, existing signage that complies in all aspects with the sign regulations of the underlying zoning district and that has not been abandoned, shall be allowed to be re-used by the development or redevelopment.

No neon or LED signage shall be permitted except as provided section 405.1260(a)(8).

Attached signs shall adhere to the provisions of section 405.1260(a)(2); excepting, however, that signage with rear lot line frontage along Interstate 70 and Highway 40/61 shall not exceed ten percent of the building face upon which it is placed.

(9)

Pedestrian access. All non-residential buildings shall provide a bicycle rack and have the site designed with pedestrian access with walk paths and a connection to adjacent public sidewalks. All residential developments shall be designed with pedestrian access to common ground and adjacent public sidewalks.

(10)

Detention. Any aboveground stormwater holding facilities shall be constructed as retention basins. Detention facilities shall be located underground. Aboveground detention facilities may be considered by the planning and zoning commission for recommendation to the board of aldermen only when applicants are able to disputably demonstrate the impracticality of a retention basin due to specific site characteristics, that is verified by the city engineer.

(11)

Underground services. All electric, telephone, voice-over-IP ("VoIP"), cable, IP-enabled video and other similar services in residential areas shall be located underground. In all non-residential areas, all utility service shall be located underground. Distribution service if overhead shall be along the rear property lines of the development.

(12)

Density bonus.

The board of aldermen may approve an increase in allowable density within an underlying zoning district up to ten percent of additional lots based upon net development area. The density bonus shall be calculated on the basis of the net development area, which excludes required right-of-way and required open space.

If a density bonus is requested, the applicant shall document all site amenities, improvements and location of additional lots for the city's review and consideration.

(13)

Non-residential waiver. The minimum site sizes or setback requirements of the underlying non-residential zoning district may be modified by the board of aldermen upon recommendation by the planning commission if a specific proposal has severe limitations regarding topography, tree cover, wetlands, floodplains, soil conditions, utility easements, or unusual land shape or proportions for conventional development; or if it is determined that the layout proposed is desirable or necessary in relationship to the surrounding neighborhood; or if the board of aldermen determines such modification to be in the general public interest.

(14)

Height exceptions. In any district, buildings may be erected to a height not exceeding 75 feet upon recommendation by the planning commission and approval by the board of aldermen, provided that such buildings shall have yards that shall be increased one 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 the buildings are situated.

(15)

Scope of review. The planning commission shall consider, but not be limited to, the following factors in review of the site development plan (these are in addition to the scope of review as outlined in section 405.840):

Access to site.

Drainage system of both roads and land development.

Exterior colors and materials.

Height, bulk and area of building.

Plot plan including landscaping and screen planting, parking, and loading areas.

Recreational facilities and open space provisions.

Relation to existing structures in the vicinity.

Setback distances from all property lines.

Sewage disposal system.

Size and spacing of windows, doors and other openings.

Size, type and location of signs.

Size, type and location of towers, chimneys, roof structures, flagpoles, antennas, etc.

Solid waste collection system.

Type and pitch of roofs.

Water distribution system.

(16)

Design manual. The community development director is authorized to compile and keep on file a manual demonstrating the design requirements of the "HF" overlay district.

(17)

Applicability. Nothing in this section shall require the provisions of "HF" district to be applied to property or lots for which a complete application for rezoning, site plan approval (pursuant to article VII of this chapter) or subdivision plat approval review (pursuant to chapter 410, article IV) has been submitted to and accepted by the city prior to the effective date of the ordinance from which this section is derived (May 24, 2007). However, this section shall apply to a resubmittal for any development for which approval has expired pursuant to the terms of section 405.880, 410.110, or 410.150.

(Code 2008, § 405.165; Ord. No. 2726, §§ 2, 3, 5-24-2007; Ord. No. 2011-3172, § 1, 8-24-2011; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 3202, § 5, 1-25-2012; Ord. No. 3660, §§ 8—11, 11-30-2016; Ord. No. 4147, § 3, 1-13-2021; Ord. No. 4509, § 10, 7-24-2024)

Sec. 405.300. - "WP" Wentzville Parkway Overlay District.

(a)

Purpose. The purpose of the "WP" Wentzville Parkway Overlay District and extensions thereof, in recognition of the importance of the Wentzville Parkway Corridor to the city's image and future development, establishes selected uses and special design guidelines to ensure high-quality development. The district encourages development design that is themed with adjacent development where feasible. The district is an overlay district in relationship to existing underlying districts.

(b)

Distance limitations. The "WP" Overlay District shall be applied only to the 500 feet distance from and parallel to the most proximate right-of-way lines of the Wentzville Parkway, and also West Pearce Boulevard, from Wentzville Parkway to May Road.

(c)

Permitted uses. Those uses listed as permitted uses in the "C-O" Office District, "C-1" Neighborhood Commercial District, "C-2" General Commercial District, and "C-3" Highway Commercial District.

(d)

Conditional uses. Those uses listed as conditional uses in the "C-O" Office District, "C-1" Neighborhood Commercial District, "C-2" General Commercial District, and "C-3" Highway Commercial District.

(e)

Prohibited uses. The following uses are prohibited in the "WP" overlay district:

(1)

Adult cabarets, adult book stores, adult entertainment, and adult theater, or any other similar use.

(2)

Auto body shops, repair shops, and auto service establishments, except an establishment selling solely tires and installing tires in connection with the sale thereof shall be permitted, provided that (i) any service doors will only be located on the building façade that faces away from Wentzville Parkway, (ii) tire installation shall only be performed inside the building, (iii) there shall be no outdoor storage of either new, used or disposed tires, (iv) the use is located within a planned development district, and (v) no portion of the building housing such business shall be located within seven hundred (700) feet of any residential lot.

(3)

Blacksmith or welding services.

(4)

Motor vehicle or equipment rental businesses as a primary use.

(5)

Outdoor display businesses or outdoor merchandise sales businesses as a primary use (except new-car franchise dealerships).

(6)

Storage facilities or storage yard businesses.

(7)

Package liquor stores or uses of similar character as a primary use.

(8)

All additional uses not specifically listed as permitted or conditionally permitted are prohibited.

(f)

Regulations and performance standards. The regulations and performance standards applicable to individual uses within the "WP" Wentzville Parkway Overlay District shall be as follows:

(1)

Minimum site area. One acre.

(2)

Minimum lot width. 150 feet

(3)

Maximum lot coverage. As dictated by the other area and performance requirements, such as yard setbacks, landscaping and parking.

(4)

Yard and setback requirements.

Front yard. Not less than 30 feet, including all pump islands and canopies of gasoline service stations.

Side yard. A minimum side yard of ten feet shall be provided. A side yard of not less than 30 feet shall be provided on the street side of a corner lot.

Rear yard. A rear yard of not less than 30 feet shall be provided.

(5)

Height requirements. No building or structure shall exceed a height of 50 feet or three stories, whichever is less.

(6)

Off-street parking. As required in article V of this chapter.

(7)

Site plan review. By the city planning and zoning commission as required in article VII of this chapter, except that section 405.820 shall include the following:

A depiction of all proposed signage, including the verbiage on the sign and the construction materials of the sign.

Signs shall be in harmony with adjacent architecture.

(8)

Reserved.

(9)

Reserved.

(10)

Utilities/underground wiring. The "WP" overlay district area shall be served by approved public water and sanitary sewer facilities. All electric, cable television, and telephone distribution lines shall be installed underground as provided in section 410.340.

(11)

Signage. Two types of signs, monument and attached, shall be permitted in the "WP" Wentzville Parkway Overlay District.

Monument signs.

Allowable signs: One sign.

Maximum area of face: 50 square feet.

Setback: Ten feet from the property line.

Height: Six feet.

Attached signs. See article XII of this chapter.

Directory monument. For developments with multiple occupancies, a directory monument sign is required subject to review and approval by the planning and zoning commission as to height and overall square footage.

Monument signs; materials. The sign supports and base of any monument sign shall be constructed of brick, stone or masonry materials that match or complement the primary exterior finish materials of the building housing the use that the monument sign advertises and shall be in conformance with the architectural criteria of the "WP" district set forth in subsection (f)(13) of this section. All monument signs shall require either a permit pursuant to section 405.1220(c) or approval as part of the "WP" site development plan process.

(12)

Performance standards.

All fencing located within the "WP" Wentzville Parkway Overlay District shall be ornamental.

All exterior solid waste containers shall be enclosed and/or screened with a similar material used for the building.

Detention basins within the "WP" Wentzville Parkway Overlay District are prohibited. Stormwater runoff is permitted to be stored in retention ponds (lakes) that are to be heavily landscaped and provide the city amenities such as fountains, gazebos, benches or uses of similar character.

Transportation signalization, when required, and all exterior lighting, shall be themed with existing adjacent development. Exterior lighting shall be directed away from streets and adjacent properties.

All non-residential buildings shall provide a bicycle rack and have the site designed with pedestrian access with walk paths and a connection to adjacent public sidewalks. All residential developments shall be designed with pedestrian access to common ground and adjacent public sidewalks.

(13)

Architectural criteria.

Exterior sides of all structures shall receive equal architectural treatment and be color compatible with each other and adjacent development where feasible as determined by the planning and zoning commission.

The use of decorative brick, stone or masonry, glass and decorative metal panels is encouraged for exterior facing materials. Non-decorative prefabricated metal and non-decorative cinder block building exterior is prohibited.

Building elevations for each development shall be submitted to the planning and zoning commission for review and approval. These elevations shall show the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of 24 inches by 30 inches in dimension and be of reasonable quality. A file ready (approximately 8½-inch by 11-inch size) copy or photo of the rendering must be submitted to the public works department and will be kept for permanent record.

(g)

(1)

Access to site.

(2)

Drainage system of both roads and land development.

(3)

Exterior colors and materials.

(4)

Height, bulk and area of building.

(5)

Plot plan including landscaping and screen planting, parking, and loading areas.

(6)

Recreational facilities and open space provisions.

(7)

Relation to existing structures in the vicinity.

(8)

Setback distances from all property lines.

(9)

Sewage disposal system.

(10)

Size and spacing of windows, doors and other openings.

(11)

Size, type and location of signs.

(12)

Size, type and location of towers, chimneys, roof structures, flagpoles, antennas, etc.

(13)

Solid waste collection system.

(14)

Type and pitch of roofs.

(15)

Water distribution system.

(Code 2006, § 405.170; Code 2008, § 405.170; Ord. No. 1256, § 4, 6-28-1995; Ord. No. 1684, § 1, 8-23-2000; Ord. No. 1843, § 2, 3-27-2002; Ord. No. 1918, § 5, 12-11-2002; Ord. No. 1954, §§ 5, 6, 3-26-2003; Ord. No. 2810, § 1, 11-28-2007; Ord. No. 2951, § 1, 11-19-2008; Ord. No. 2954, § 7, 12-10-2008; Ord. No. 3171, §§ 1—3, 8-24-2011; Ord. No. 3995, § 1, 8-28-2019; Ord. No. 4449, § 2, 1-10-2024; Ord. No. 4509, § 11, 7-24-2024)

Sec. 405.310. - "HD-1" Historic Downtown Core District.

(a)

Purpose. The purpose of the "HD-1" Historic Downtown Core District is to recognize the unique and historic attributes of the area identified in the Wentzville Downtown Phase II Implementation Plan and Program as the "Village Center" and to encourage the redevelopment and revitalization of this area as a pedestrian-oriented, neo-traditional downtown including a mix of retail, service, professional and governmental office, restaurant and hospitality uses together with upper story residential uses in live/work units as well as to encourage preservation and restoration of the historic character of the buildings, streetscapes and surrounding public and private spaces within the area.

(b)

Permitted uses. The following uses or combination of uses and use categories shall be permitted as of right, provided that any such use or combination of uses shall take place within a building or structure that conforms to the building specifications set forth in this section:

(1)

Historic Downtown Commercial ("HDC") use category. Includes retail commercial, professional offices, personal service establishments (such as dry cleaners, shoe repair shops and similar), studios and galleries, financial institutions (other than check cashing institutions, pay day loan establishments and similar), government or civic offices, schools and academies, libraries and museums, public assembly spaces;

(2)

Historic Downtown Hospitality ("HDH") use category. Includes restaurants, hotels and bed and breakfasts;

(3)

Historic Downtown Residential ("HDR") use category. Includes live/work units, accessory dwelling units and home occupations; and

(4)

Accessory uses to the foregoing principal uses.

Drive-up or drive-through facilities in conjunction with the foregoing principal uses and all other uses except those expressly prohibited in this section may be permitted by conditional use permit in accordance with article VIII of this chapter; provided, however, that where any permitted use is proposed which involves the demolition of a building existing on the effective date of the ordinance from which this section is derived, such use and demolition may be permitted by conditional use permit in accordance with article VIII of this chapter only where the applicant additionally demonstrates that there is no economically feasible use or adaptive reuse for the existing building.

(c)

Prohibited uses.

(1)

Adult entertainment establishments and activities.

(2)

Automobile, new and used, sales and storage.

(3)

Industrial uses as defined in sections 405.250 and 405.260, including conditional uses specified therein.

(4)

Kennels.

(5)

Outdoor flea markets or auctions.

(6)

Public storage facilities.

(7)

Wireless communications facilities, except antennas and/or disguised support structures as regulated by section 405.420.

(8)

Medical marijuana cultivation facilities.

(9)

Medical marijuana dispensary facilities.

(10)

Medical marijuana manufacturing facilities.

(11)

Medical marijuana testing facilities.

(d)

Building specifications.

(1)

Building types. Building types shall consist of:

Storefront buildings, built to the sidewalk (except that recesses may occur for outdoor dining or courtyards extending not more than 15 feet from the front right-of-way line), typically with larger storefront windows on the first floor along the street frontage and smaller scale windows on upper floors; or

Live/work buildings located within three feet to 15 feet from the front right-of-way line, having one or more residential units above ground floor commercial/office space.

(2)

Building character and materials. Buildings shall, to the maximum extent feasible, reflect and be consistent with the architectural character (in terms of building height, scale and orientation; materials, textures and colors; roof forms and architectural details) and historic period predominant in the "HD-1" Historic Downtown Core District; buildings shall be oriented to the street with the primary entrance facing the street and directly accessible from the sidewalk; building height shall not exceed three stories. Building walls shall be clad in brick, stone, wood shingles, wood clapboard or wood board and batten. Other materials having the design and visual/textural characteristics of the foregoing materials may be approved pursuant to site plan review.

(3)

Use categories.

First or ground floor. "HDC" and "HDH" use categories.

Second and third floors. "HDC," "HDH" and "HDR" use categories.

(e)

Applicability of other requirements.

(1)

Maximum lot coverage. None.

(2)

Minimum lot width. None.

(3)

Minimum yard requirements. None, unless a side or rear yard abuts land zoned residential, in which case a yard of at least ten feet in width shall be required along such abutting land; provided that this minimum yard requirement may be reduced or eliminated upon a determination by the community development director that adequate buffering by means of landscaping, decorative fencing, building placement or a combination of the same or similar means is provided.

(4)

Off-street parking and loading space requirements. None.

(5)

Landscaping and screening requirements. None; provided that all refuse containers, ground level mechanical equipment and other service elements shall be stored in rear yard area and screened by an opaque wall or fence which matches the architectural character of the principal structure; individual uses shall be encouraged to share refuse areas and service facilities. In the event that this creates an extreme hardship, the community development director may allow an exception to be made to this requirement.

(6)

Fencing. Fence requirements of section 405.490 shall apply except that no chain link fence shall be permitted. Additionally, a decorative fence composed of brick masonry or ornamental iron not more than four feet in height shall be permitted between the building front and the front right-of-way line where enclosing outdoor dining or courtyards provided in accordance with the building specifications set forth in this section.

(7)

Mechanical equipment. All mechanical equipment whether roof- or ground-mounted shall be screened from view from adjacent public rights-of-way using materials matching those of the principal building served and all vent covers, hoods and required stacks shall be painted to match the color of the primary structure.

(f)

Site plan approval required. Site plan approval in accordance with article VII of this chapter shall be required prior to the issuance of any permit for new construction of or for exterior alteration in excess of 500 square feet in floor area of a principal building located within a "HD-1" Historic Downtown Core District; provided that site plan approval shall not be required for construction or alteration of single-family dwellings. In addition to the requirements set forth in article VII of this chapter, applicants for site plan approval under this section shall provide elevations of proposed buildings along each street frontage which identify existing and proposed exterior building materials. Notwithstanding any provision of this chapter to the contrary, no prior site plan approval shall be required for any use or combination of uses or use categories permitted by this section (including changes in permitted uses, occupancies or tenancies) which take place within a building or structure which conforms to the building specifications set forth in this section.

(g)

Signage. Signage shall be allowed as provided in sections 405.1200 and 405.1260.

(Code 2006, § 405.171; Code 2008, § 405.171; Ord. No. 2134, § 2, 6-23-2004; Ord. No. 2954, § 8, 12-10-2008; Ord. No. 2011-3173, § 3, 8-24-2011; Ord. No. 2012-3209, § 4, 3-28-2012; Ord. No. 3687, exh. A(405.171), 1-25-2017; Ord. No. 3962, § 8, 5-22-2019; Ord. No. 4170, § 1, 3-24-2021)

Sec. 405.320. - "HD-2" Historic Downtown Corridor District.

(a)

Purpose. The purpose of the "HD-2" Historic Downtown Corridor District is to recognize the essential connection between the Pearce Boulevard, Main Street and Church Street corridors as extensions of and entry to the area identified in the Wentzville Downtown Phase II Implementation Plan and Program and the May 2009 Downtown Revitalization Study as the "Village Center" and to encourage the redevelopment and revitalization of this area along with the "HD-1" Historic Downtown Core District.

(b)

Permitted uses.

(1)

Advertising and printing service establishments.

(2)

Antique shops.

(3)

Art and photographer studios.

(4)

Automotive parts, accessories and tire stores (retail sales only).

(5)

Bakery and bake shops.

(6)

Banks and other financial institutions which accept federally insured deposits.

(7)

Day care facilities.

(8)

Drug stores.

(9)

Electronics and appliance repair and service establishments.

(10)

Florists and gift shops.

(11)

General merchandise retail sales.

(12)

Groceries.

(13)

Hardware stores.

(14)

Hotels and lodging facilities including bed and breakfast inns.

(15)

Institutional, governmental and educational facilities.

(16)

Museums and cultural sites and facilities.

(17)

Parks and indoor or outdoor recreational facilities.

(18)

Personal service businesses including barber or beautician, dry cleaner, pet grooming, shoe repair, travel agency, tailor shop or similar.

(19)

Public and private schools.

(20)

Professional offices including real estate, medical and dental offices.

(21)

Restaurants and delicatessens.

(22)

Theatres.

(23)

Utility facilities.

(24)

Multi-family residences and live/work units on and above the second story in conjunction with any of the foregoing permitted uses located on ground floors.

(25)

Accessory uses to any of the foregoing permitted uses.

(c)

Conditional uses. Motor vehicle oriented businesses ("MVOBs"), mixed use development and all uses other than those expressly prohibited in this section may be permitted by conditional use permit in accordance with article VIII of this chapter. For purposes of this section, the term "motor vehicle oriented businesses ("MVOBs")" means any commercial use or activity which as a principal part of its operations provides goods or services to motor vehicles or occupants of motor vehicles in a short time span or provides goods or services to occupants of motor vehicles remaining within the vehicles. Such uses and activities shall include, by way of illustration and not limitation, convenience stores, filling stations, automobile service stations, lubrication shops and car washes, whether singly or in combination, facilities containing drive-up or drive-through operations and restaurants which as a principal part of operations provide food for off-premises consumption. Applicants for conditional use permits in conjunction with MVOBs and drive-up or drive-through facilities associated with any otherwise permitted use under this section may be required to submit as part of the application traffic engineering studies or analyses which demonstrate that the requested conditional use will not result in traffic congestion or reduced safety at the site or along the main access ways to and through the Historic Downtown Corridor.

(d)

Prohibited uses.

(1)

Adult entertainment establishments and activities.

(2)

Industrial uses as defined in sections 405.250 and 405.260, including conditional uses specified therein.

(3)

Kennels for commercial boarding or breeding.

(4)

Outdoor flea markets or auctions.

(5)

Public storage facilities.

(6)

Wireless communication facilities, except antennas and/or disguised support structures as regulated by section 405.420.

(7)

Medical marijuana cultivation facilities.

(8)

Medical marijuana dispensary facilities.

(9)

Medical marijuana manufacturing facilities.

(10)

Medical marijuana testing facilities.

Nothing in this subsection shall prohibit the continuation or expansion of use of any building or lot which was used for any of the foregoing prohibited uses as of the effective date of this provision; provided, however, that any such pre-existing, non-conforming use shall not be expanded beyond the limits of the lot on which such use occurs; and provided further, nothing in this subsection shall prohibit an existing prohibited non-conforming use located within the "HD-1," "HD-2," or "HD-3" district from relocating to another building or lot within the HD-2 zoning district as the sole location for such use within the Historic Downtown Area.

(e)

Building character and materials. Buildings shall to the maximum extent feasible reflect and be consistent with the architectural character (in terms of building height, scale and orientation; materials, textures and colors; roof forms and architectural details) and historic period predominant in the "HD-1" and "HD-2" districts; buildings shall be oriented to the street with the primary entrance facing the street and directly accessible from the sidewalk; building height shall not exceed three stories. Building walls shall be clad in brick, stone, wood shingles, wood clapboard, drop siding, wood board and batten and smooth stucco. Other materials having the design and visual/textural characteristics of the foregoing materials may be approved pursuant to site plan review.

(f)

Applicability of other requirements.

(1)

Maximum lot coverage. None.

(2)

Minimum lot width. None.

(3)

(4)

Off-street parking and loading space requirements. As required in article V of this chapter, provided that:

Reserved;

Required parking and loading spaces may be located:

On the same parcel of land occupied by the use served; or

On an adjacent parcel located within 200 feet of the parcel occupied by the use served and which is in the same ownership or is subject to a written agreement permitting the location and use of the parking spaces; and

Notwithstanding the parking requirements set forth in section 405.580, the number of required parking spaces may be reduced at the discretion of the planning commission where any of the following conditions are demonstrated by the applicant or use:

Up to 25 percent where the proposed parking spaces are shared between uses located on more than one parcel, subject to a written agreement respecting the shared parking arrangement; and

Up to 15 percent where the applicant provides adequate decorative landscaping and/or ornamental fencing along the perimeter of the parking area, including, at minimum, all contiguous street rights-of-way. Reductions granted pursuant to this paragraph may be cumulative.

(5)

Service area screening requirements. None; provided that all refuse containers, ground-level mechanical equipment and other service elements shall be screened by an opaque wall or fence which matches the architectural character of the principal structure; individual users shall be encouraged to share refuse areas and service facilities. In the event that this creates an extreme hardship, the community development director may allow an exception to be made to this requirement. Where pursuant to site plan review it is determined in writing that screening by opaque wall or fencing is impracticable by virtue of the size, configuration or character of the site, such containers and/or equipment may be painted to match the architectural character of the principal structure; any such containers and/or equipment shall at all times be maintained in good condition.

(g)

(h)

Signage. Signage shall be allowed as provided in sections 405.1200 and 405.1260.

(i)

Fencing. Notwithstanding the screening requirements of subsection (f)(5) of this section, all fencing in the "HD-2" Historic Downtown Corridor District shall be ornamental.

(Code 2006, § 405.172; Code 2008, § 405.172; Ord. No. 2135, § 2, 6-23-2004; Ord. No. 2954, § 9, 12-10-2008; Ord. No. 3037, §§ 1—4, 11-18-2009; Ord. No. 2011-3172, § 2, 8-24-2011; Ord. No. 2011-3173, § 4, 8-24-2011; Ord. No. 2012-3209, § 4, 3-28-2012; Ord. No. 3422, § 1, 10-22-2014; Ord. No. 3687, exh. A(405.172), 1-25-2017; Ord. No. 3962, § 9, 5-22-2019; Ord. No. 4170, § 2, 3-24-2021; Ord. No. 4509, § 12, 7-24-2024)

Sec. 405.330. - "HD-3" Historic Downtown Light Industrial/Loft District.

(a)

Purpose. The purpose of the "HD-3" Historic Downtown Light Industrial/Loft District is to recognize existing uses, activities and facilities within the Historic Downtown Area and, in particular, to facilitate and encourage adaptive reuse of such facilities in support of and conformance with the overall redevelopment and revitalization of the area identified in the Wentzville Downtown Phase II Implementation Plan and Program as the "Village Center" for pedestrian-oriented, mixed uses.

(b)

Permitted uses.

(1)

Light industrial and warehousing uses located wholly within existing structures, together with administrative offices in connection therewith.

(2)

Incubator antique or retail malls or mini-malls, which may include art galleries and artists' and photographers' studios.

(3)

Hotels and lodging facilities including bed and breakfast inns.

(4)

Microbreweries which may include taverns and restaurants.

(5)

Institutional, governmental and educational facilities, museums and cultural sites and facilities.

(6)

Indoor recreational facilities.

(7)

Multi-family residences and live/work units in loft arrangements.

(8)

Any adaptive reuse of an existing structure for a use not listed in this subsection (b), if approved pursuant to article VII of this chapter.

(9)

Accessory uses to any of the foregoing permitted uses.

(c)

Prohibited uses.

(1)

Adult entertainment establishments and activities.

(2)

Automobile, new and used, sales and storage.

(3)

Drive-up or drive-through facilities.

(4)

Kennels for commercial boarding or breeding.

(5)

Outdoor flea markets or auctions.

(6)

Unscreened outdoor storage.

(7)

Public storage facilities.

(8)

Wireless communication facilities, except antennas and/or disguised support structures as regulated by section 405.420.

(9)

Uses requiring new construction of loading docks/operations.

(10)

Medical marijuana cultivation facilities.

(11)

Medical marijuana dispensary facilities.

(12)

Medical marijuana manufacturing facilities.

(13)

Medical marijuana testing facilities.

Nothing in this subsection shall prohibit the continuation or expansion of use of any building or lot which is used for any of the foregoing prohibited uses as of the effective date of this provision; provided, however, that any such pre-existing, non-conforming use shall not be expanded beyond the limits of the lot on which such use occurs; and provided further, nothing in this subsection shall prohibit an existing prohibited non-conforming use located within the "HD-1," "HD-2," or "HD-3" district from relocating to another building or lot within the "HD-3" zoning district as the sole location for such use within the Historic Downtown Area.

(d)

Building specifications; building character and materials. Buildings shall to the maximum extent feasible reflect and be consistent with the architectural character (in terms building height, scale and orientation; materials, textures and colors; roof forms and architectural details) and historic period predominant in the "HD-1" and "HD-2" districts; buildings shall be oriented to the street with the primary entrance facing the street and directly accessible from the sidewalk; building height shall not exceed three stories. For new building construction and substantial rehabilitation of existing buildings, exterior walls shall be clad in brick, stone, wood shingles, wood clapboard, wood board and batten and smooth stucco. Other materials having the design and visual/textural characteristics of the foregoing materials may be approved pursuant to site plan review.

(e)

Applicability of other requirements.

(1)

Maximum lot coverage. None.

(2)

Minimum lot width. None.

(3)

(4)

Off-street parking and loading space requirements. As required in article V of this chapter; provided that:

Required parking and loading spaces may be located:

On the same parcel of land occupied by the use served; or

Notwithstanding the parking requirements set forth in section 405.280, the number of required parking spaces may be reduced at the discretion of the planning commission where any of the following conditions is demonstrated by the applicant or use:

Up to 25 percent where the proposed parking spaces are shared between uses located on more than one parcel, subject to a written agreement respecting the shared parking arrangement; and

Up to 15 percent where the applicant provides adequate decorative landscaping and/or ornamental fencing along the perimeter of the parking area including, at minimum, all contiguous street rights-of-way. Reductions granted pursuant to this paragraph may be cumulative.

(5)

Landscaping and screening requirements. None; provided that all refuse containers, ground level mechanical equipment and other service elements shall be screened by an opaque wall or fence which matches the architectural character of the principal structure; individual uses shall be encouraged to share refuse areas and service facilities. In the event that this creates an extreme hardship, the community development director may allow an exception to be made to this requirement. All rooftop mechanical equipment, including, without limitation, hoods and vents, shall be painted to blend with or match the color of the roof and building walls as viewed from a height of five feet above the existing site grade and such painting shall be maintained at all times in good condition.

(f)

Site plan approval required. Site plan approval in accordance with article VII of this chapter shall be required prior to the issuance of any permit for exterior alteration of any existing structure or for new construction in excess of 500 square feet in interior floor area of a principal building located within a "HD-3" Historic Downtown Light Industrial/Loft District"; provided that site plan approval shall not be required for construction or alteration of single-family dwellings or for construction or alteration of any existing structure where proposed as part of the adaptive reuse of such structure for multi-family residential lofts or live/work units as permitted under this section. In addition to the requirements set forth in article VII of this chapter, applicants for site plan approval under this section shall provide color elevations of proposed buildings along each street frontage which identify existing and proposed exterior building materials; provided that materials samples may be submitted in lieu of color elevations.

(g)

Signage. For those permitted uses specified in subsection (b)(1) of this section (including uses accessory thereto), signage shall be as required in section 405.1260. For those permitted uses specified in subsections (b)(2) through (8) of this section (including uses accessory thereto), signage shall be as approved pursuant to site plan review.

(Code 2006, § 405.173; Code 2008, § 405.173; Ord. No. 2136, § 2, 6-23-2004; Ord. No. 2012-3209, § 4, 3-28-2012; Ord. No. 3422, § 2, 10-22-2014; Ord. No. 3687, exh. A(405.173), 1-25-2017; Ord. No. 3962, § 10, 5-22-2019; Ord. No. 4170, § 3, 3-24-2021)

Wentzville City Zoning Code

ARTICLE II

DISTRICT REGULATIONS

Sec. 405.160.- "A" Agricultural District.

(a)

(b)

Permitted uses.

(1)

(2)

Cemetery on site not less than 20 acres.

(3)

Places of worship, such as churches, temples, synagogues and related uses.

(4)

Home occupations as regulated by section 405.460.

(5)

Public park or playground.

(6)

Public or private school (grades K through 12).

(7)

Railroad right-of-way.

(8)

Reservoirs.

(9)

Sewage treatment plants, lift stations and related facilities for providing service to the public.

(10)

Single-family dwellings.

(11)

Utility substations for electric, gas or telephone.

(12)

Wildlife reservations, forest, conservation uses and fishing.

(13)

(14)

Group home.

(c)

Conditional use.

(1)

Airport or landing field.

(2)

Banquet center, including accessory facilities.

(3)

Bed and breakfast residence.

(4)

Campgrounds and day camps.

(5)

Day care, special or private school.

(6)

Excavation or extraction of sand, gravel, topsoil or other material.

(7)

Golf course, driving range, putting greens, club house or golf shop, miniature golf course operated only as an accessory use to golf course or driving range.

(8)

Greenhouse (commercial), farmstand or nurseries.

(9)

Institutions (educational, museums, libraries, hospitals, nursing, rest or religious homes).

(10)

Kennels, provided that buildings or pens are 150 feet from all property lines.

(11)

Public building or facility erected by a governmental agency.

(12)

Recreational facilities including lakes, swimming pools, boarding stables, rodeo or fairgrounds and athletic fields.

(13)

Veterinary clinic.

(14)

Medical marijuana cultivation facilities.

(15)

Liquor by the drink accessory to approved non-residential and non-agricultural land uses.

(d)

Regulations and performance standards.

(1)

Minimum lot area. Three acres.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 50 feet.

Side yard. Not less than 30 feet, except in the case of a corner lot where the side yard on the street side shall not be less than 50 feet.

Rear yard. Not less than 50 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply:

Dwelling and non-farm buildings and structures. Not to exceed 2½ stories or 35 feet.

General and specialized farm buildings and structures. Not to exceed 50 feet.

(5)

Maximum lot coverage. Maximum lot coverage by structures shall not exceed 35 percent.

(6)

Minimum dwelling size. 1,200 square feet on the main floor living space.

(7)

Off-street parking. Two off-street parking spaces shall be provided for each single-family dwelling (see article V of this chapter for additional regulations).

(8)

Performance standards. As required in article IV of this chapter.

(9)

(10)

Utilities. Any area zoned "A" Agricultural District shall be served by public water and sewer if such utilities are located within 100 feet. (See section 410.340 for underground wiring regulations.)

Sec. 405.170. - "R-1A," "R-1B," "R-1C," "R-1D," and "R-1E" Single-Family Residential Districts.

(a)

Purpose.

(1)

The intent of these districts are to represent those areas of the city which principal use is detached single-family dwellings on minimum lot sizes varying in size as follows:

"R-1A"	One acre
"R-1B"	20,000 square feet
"R-1C"	12,000 square feet
"R-1D"	9,000 square feet
"R-1E"	8,300 square feet

(2)

(b)

Permitted uses.

(1)

Single-family dwellings that are conventional-built buildings or structures.

(2)

Places of worship, such as churches, temples, synagogues and related uses.

(3)

Home occupations as regulated by section 405.460.

(4)

Public park or playground and recreational areas within subdivision common ground areas.

(5)

Public or private school (grades K through 12).

(6)

Group home.

(7)

(c)

Conditional uses.

(1)

Cemetery on site not less than 20 acres.

(2)

Day care, preschool, special or private school.

(3)

Golf course, driving range, putting greens, club house or golf shop, miniature golf course operated only as an accessory use to golf course or driving range.

(4)

Public botanical gardens.

(5)

Public building or facility erected by a governmental agency.

(6)

Private clubs.

(7)

Public utility facilities or substations for electric, gas and telephone.

(8)

Railroad right-of-way and pipeline right-of-way.

(9)

Recreational facilities, including fishing, lakes, tennis or swimming clubs, parks, picnic grounds or similar activity including accessory facilities.

(10)

Non-traditionally designed single-family dwellings that are built within an established residential development.

(11)

Liquor by the drink accessory to approved non-residential land uses.

(d)

Regulations and performance standards.

(1)

Minimum lot area.

"R-1A": One acre.

"R-1B": 20,000 square feet.

"R-1C": 12,000 square feet.

"R-1D": 9,000 square feet.

"R-1E": 8,300 square feet.

(2)

Minimum lot width at the building line.

"R-1A": 100 feet.

"R-1B": 100 feet.

"R-1C": 80 feet.

"R-1D": 75 feet.

"R-1E": 70 feet.

(3)

Minimum yard requirements.

Front yards.

"R-1A": 35 feet.

"R-1B": 35 feet.

"R-1C": 25 feet.

"R-1D": 25 feet.

"R-1E": 25 feet.

Side yards.

"R-1A": 20 feet.

"R-1B": ten feet.

"R-1C": 7 feet.

"R-1D": 7 feet.

"R-1E": 7 feet.

Rear yards.

"R-1A": 35 feet.

"R-1B": 35 feet.

"R-1C": 25 feet.

"R-1D": 25 feet.

"R-1E": 25 feet.

(4)

Height requirements.

Maximum height of a building is 2½ stories or 35 feet.

Accessory buildings or structures shall be no higher than the primary structure.

(5)

Maximum lot coverage. Maximum lot coverage by building or structures shall not exceed 35 percent of the lot area.

(6)

Minimum dwelling size (living space, excluding garages). 1,200 square feet on the main floor, or 1,800 square feet total for the main and second floors.

(7)

(8)

Off-street parking requirements. Two parking spaces within an attached garage shall be provided for each single-family dwelling. (See article V of this chapter for additional parking requirements.)

(9)

Sec. 405.180. - "R-2" Two-Family Residential District.

(a)

(b)

Permitted uses.

(1)

Any use permitted in the "R-1A" through "R-1E" Single-Family Residential Districts.

(2)

Two-family dwellings including villas and duplexes that are conventional-built buildings or structures.

(3)

Group home.

(4)

Accessory uses permitted in the "R-1A" through "R-1E" Single-Family Residential Districts.

(c)

Conditional uses.

(1)

Any conditional use of the "R-1A" through "R-1E" Single-Family Residential District.

(2)

Institutions, such as museums, art galleries or libraries on a site of not less than two acres.

(3)

Non-traditionally designed two-family dwellings that are built within an established residential development.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 80 feet at the front building line.

(3)

Minimum yard requirements.

Front yards. Not less than 25 feet.

Side yards. Not less than seven feet. (Zero lot line will be allowed as a common party wall between units.)

Rear yards. Not less than 30 feet.

(4)

Height requirements.

Maximum height of building is 2½ stories or 35 feet.

Accessory buildings or structures shall be no higher than the primary structure.

(5)

Maximum lot coverage. Maximum lot coverage by buildings or structures shall not exceed 35 percent of the lot area.

(6)

Minimum dwelling size (living space, excluding garages). 1,200 square feet on the main floor, or 1,800 square feet total for the main and second floors.

(7)

(8)

Off-street parking requirements. Two parking spaces within an attached garage shall be provided for each dwelling unit (See article V of this chapter for additional parking requirements.)

(9)

Sec. 405.190. - "R-3B" Multi-Family Residential District.

(a)

(b)

Permitted uses.

(1)

Any use permitted in the "R-1A" through "R-1E" Single-Family Residential Districts.

(2)

Any use permitted in the "R-2" Two-Family Residential District.

(3)

(4)

Day care facility, preschool or special school.

(5)

Recreational facility for use by occupants of a multiple-family development.

(6)

Group home.

(7)

(c)

Conditional uses.

(1)

Any conditional use of the "R-1A" through "R-1E" Single-Family Residential Districts or "R-2" Two-Family Residential District.

(2)

Convalescent homes, nursing homes or homes for the aged.

(3)

Public or private hospitals or orphanages on a site not less than two acres with a minimum setback of 50 feet to all property lines.

(4)

Religious institution, such as a seminary, convent or similar use.

(5)

Boardinghouse or roominghouse.

(6)

Mortuaries.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 80 feet at the front building line.

(3)

Minimum yard requirements.

Front yard. Not less than 25 feet.

Side yard. Not less than ten feet.

Rear yard. Not less than 30 feet.

Detached dwellings. The yard requirements for detached single-family dwellings and two-family dwellings are regulated by minimums set in the "R-2" Two-Family Residential Yard Requirements.

Accessory buildings. Accessory buildings shall meet the yard requirements in section 405.410.

(4)

Height requirements. Except as otherwise provided in article III of this chapter, no building or structure shall exceed four stories above finish grade or 50 feet.

(5)

Maximum lot coverage. Maximum lot coverage by buildings and structures shall not exceed 45 percent of the total project area.

(6)

(7)

Maximum number of dwelling units/residential density. The maximum number of dwelling units shall not exceed eight units per acre.

(8)

(9)

Distance between grouped buildings.

In addition to the required setbacks of this chapter, the following minimum distances shall be required between each multi-family structure 2½ stories or less:

Front to front: 50 feet.

Back to back: 60 feet.

Side to side: 20 feet.

Front to side: 35 feet.

Back to side: 40 feet.

The following minimum distances shall be required between multi-family structures in developments with buildings exceeding 2½ stories in height:

Front to front: 60 feet.

Front to back: 60 feet.

Front to side: 60 feet.

Side to side: 50 feet.

Back to side: 45 feet.

Back to back: 60 feet.

Corner to corner: 50 feet.

In no case shall a multi-family structure less than four stories in height face directly upon the rear of another residential building.

(10)

Elevator required. Multi-family structures shall comply with the city's adopted building code regulations in regards to elevators and access.

(11)

Off-street parking. Parking for all properties within this zoning district shall comply with the city's adopted off-street parking and loading requirements found in article V of this chapter.

(12)

Site plan. Site plan review by the planning and zoning commission as required in article VII of this chapter.

(13)

Reserved.

(14)

Architectural standards. Any multi-family housing structure shall meet the following minimum design criteria:

Reserved.

(15)

Protective screening.

Sec. 405.200. - "MHD" Mobile Home Development District.

(a)

(1)

Bring about mobile home parks that are an asset to the community, and to prevent the development of parks, which would be detrimental to the community.

(2)

Promote mobile home parks with the character of residential neighborhoods.

(3)

Protect the health, safety and welfare of mobile home residents and the surrounding community.

(4)

Harmonize this type of development with other existing or proposed land uses adjacent to the mobile home district.

(5)

(b)

Permitted uses.

(1)

Mobile homes, modular homes and manufactured homes.

(2)

Home occupations as regulated by section 405.460.

(3)

Pre-school, day care, special or private schools.

(4)

Public parks and open space uses.

(5)

Group home.

(6)

(c)

General regulations.

(1)

Minimum development area. The total land area of any mobile home park development shall not be less than ten acres.

(2)

(3)

(4)

For zero to 50 lots, a playground area with equipment and a laundry facility shall be provided;

For 51 to 100 lots, playground areas with equipment, laundry facility and a jogging and bicycle trail shall be provided;

For 101 and above lots, playground areas with equipment, a laundry facility, jogging and bicycle trails, swimming pool and a clubhouse shall be provided;

Alternative amenities proposed by the applicant shall be reviewed and approved by the planning and zoning commission.

(5)

(6)

(7)

(8)

Park maintenance. Park owners or homeowners' associations are required to maintain the physical, recreational, natural facilities and features of the park in a neat and orderly and safe condition.

(9)

(10)

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 100 feet at the building line. Where a lot fronts a cul-de-sac, a 35-foot width at the street right-of-way is required.

(3)

Additional requirements.

Minimum yard requirements. Measured from the mobile home to the lot line:

Front yard. Not less than 30 feet.

Side yard. Not less than 15 feet.

Rear yard. Not less than 25 feet.

Accessory structure.

(i)

Front yard. 30 feet.

(ii)

Side and rear yard. Five feet.

One accessory structure of not more than 200 square feet shall be permitted per mobile home lot.

Manufactured/mobile home. No more than one manufactured/mobile home shall be placed on any one lot.

Other addition. No attached addition, detached carport or any structure shall be allowed closer than 30 feet to any street right-of-way.

Height requirements.

Maximum height of a building is 2½ stories or 35 feet.

Accessory buildings and structures shall be no higher than the primary structure.

(4)

Off-street parking. Two covered off-street parking spaces or a detached two-car garage shall be provided for each mobile home lot. (See article V of this chapter for additional parking requirements.)

(5)

(6)

Utilities. The mobile home park shall be adequately served by an approved public sewer and water facility. All utility lines, including electrical wiring and telephone is underground.

(7)

Maximum lot coverage. Each mobile home dwelling, including an accessory building, garage, decks and porches, shall cover no more than 35 percent of each dwelling site or lot.

(8)

Performance standards. The mobile home park shall meet the performance standards as required by article IV of this chapter.

(9)

Minimum dwelling size/standards. The minimum size of the mobile home unit shall be 1,200 square feet and shall comply with the following standards:

Home shall be covered with an exterior siding material consisting of vinyl, wood or metal lap.

Roof shall have two-inch vertical rise for each 12-inch vertical run and shall be asphalt shingle or wood shingle. Metallic roofing shall not be permitted.

Roof overhang shall not be less than one foot (eight inches of overhang, plus four inches of guttering).

Hitch, axles and wheels shall be removed.

(Code 2006, § 405.125; Code 2008, § 405.110; Ord. No. 1546, § 1, 8-11-1999; Ord. No. 1726, § 1—4, 1-24-2001; Ord. No. 1844, § 3, 3-27-2002; Ord. No. 3328, § 6, 9-25-2013)

Sec. 405.210. - "C-O" Office District.

(a)

(b)

Permitted uses.

(1)

Accounting and auditing agencies.

(2)

Advertising services.

(3)

Architectural, engineering, urban planning and related professional services.

(4)

Artists, painters, sculptors, composers, authors.

(5)

Banks and savings and loan associations without drive-through service.

(6)

Business, investment and management consulting services.

(7)

Business and professional offices.

(8)

Charitable and welfare services.

(9)

Computer programming and software services.

(10)

Data processing services.

(11)

Dental and dental laboratory, chiropractors, optometrists and similar health services.

(12)

Insurance agency and services.

(13)

Legal services or offices.

(14)

Medical services, physician's office/clinic.

(15)

Public or governmental offices.

(16)

Public or private library.

(17)

Public parks and open spaces.

(18)

Real estate agencies and services.

(19)

Research and development offices.

(20)

Title companies and services.

(21)

Accessory uses, when associated with a permitted use, located within a same facility as a permitted use, and similar to:

Bookstore or pharmacies;

Card, gift or specialty shop;

Coffee shop and deli;

Flower shop; or

Pharmacies.

(22)

Medical marijuana dispensary facilities.

(c)

Conditional uses.

(1)

Hotel or extended-stay lodging facility including accessory uses customarily incidental to hotels.

(2)

Institutions of higher education including classrooms buildings, gymnasium, dormitories and other uses incidental to such an institution.

(d)

Regulations and performance standards.

(1)

Minimum lot area. One acre.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than ten feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 45 feet or four stories, whichever is less.

(5)

Maximum lot coverage. The maximum lot coverage by structures shall not exceed 35 percent.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Outdoor storage or display of merchandise, materials or equipment is prohibited.

Other standards as required in article IV of this chapter.

(8)

(9)

Design standards. All buildings erected and constructed in this district shall have the exterior facade constructed to the following minimum design standards:

(10)

Protective screening.

Reserved.

Sec. 405.220. - "C-1" Neighborhood Commercial District.

(a)

(b)

Permitted uses.

(1)

Accounting, auditing and bookkeeping service.

(2)

Advertising and printing service.

(3)

Antique shop.

(4)

Bakeries and bake shop.

(5)

Banks and financial institutions without drive-up service.

(6)

Convalescent home, nursing home, home for the aged.

(7)

Electronics and appliance repair and service.

(8)

Group home facility.

(9)

Monuments and historic sites.

(10)

Offices for law, architectural, engineering, insurance, real estate, management, planning or similar office.

(11)

Offices for doctors, chiropractors, dentists, optometrists or other similar health care professionals.

(12)

(13)

Places of worship, such as churches, temples and synagogues.

(14)

Public or private library.

(15)

Public building erected by a governmental agency.

(16)

Public park or playground.

(17)

Public or private school.

(18)

(19)

Taxicab dispatch (office only).

(20)

Title companies.

(21)

Utility substations for gas, electric, telephone, cable and internet services.

(c)

Conditional uses.

(1)

Ambulance service.

(2)

Amphitheater and auditoriums, lecture halls.

(3)

Art galleries, museums, including sales and service.

(4)

Athletic fields, gymnasiums, athletic clubs.

(5)

Bed and breakfast residence.

(6)

Cemetery on a site of not less than 20 acres.

(7)

Data processing center.

(8)

Day care facility.

(9)

Furniture repair, refinishing, reupholstery.

(10)

Health and exercise facilities.

(11)

Landscape nursery for growing plants, trees, shrubs, including sales of nursery stock and garden supplies.

(12)

Lawn care service establishment on a site of not less than one acre.

(13)

Liquor by the drink.

(14)

(15)

Patio and garden house, retail greenhouse.

(16)

(17)

Public parking lots and garages, but excluding self-storage lots for motor vehicles, recreational vehicles, boats and trailers.

(18)

Restaurant and delicatessens without drive-through facility.

(19)

Schools of higher education.

(20)

Single-family dwellings.

(21)

Theater, indoor; live performance or motion picture.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 8,300 square feet.

(2)

Minimum lot width. 60 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than 12 feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 35 feet or 2½ stories, whichever is less.

(5)

Maximum lot coverage. The maximum lot coverage by structures shall not exceed 35 percent.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Flea markets and auctions, both those inside or outside of a building, are prohibited.

No separate business tenant or occupancy within an establishment shall occupy more than five thousand (5,000) square feet of floor space.

Other standards as required in article IV of this chapter.

Outdoor storage or display of merchandise, materials or equipment is prohibited, unless approved by a conditional use permit.

Wholesale sales are prohibited.

All fencing in the "C-1" Neighborhood Commercial District shall be ornamental.

Stormwater shall be detained underground, in retention basins or utilize adjacent project detention facilities as applicable per ordinance, subject to site plan approval.

Reserved.

(8)

(9)

Type and pitch of roofing. Type and pitch of roofing system shall be compatible with adjacent residential structures as applicable via site plan approval.

(10)

Protective screening.

Reserved.

Sec. 405.230. - "C-2" General Commercial District.

(a)

(b)

Permitted uses.

(1)

Any use permitted in the "C-1" Neighborhood Commercial District.

(2)

Agricultural service store of non-hazardous goods or feed store.

(3)

Ambulance service.

(4)

Auditorium or lecture hall.

(5)

New and accessory used sale, service, rental or leasing of cars, trucks and recreational vehicles on a site of no less than five acres.

(6)

Archery ranges, provided that such range is completely within an enclosed building.

(7)

Automobile parts store for sale of auto parts and accessories.

(8)

Automobile service and repair station or auto body shop.

(9)

Automobile wash facility.

(10)

Bait shops.

(11)

Banks including drive-through facilities.

(12)

Carpentry craft shops or woodworking shops.

(13)

Catering establishments.

(14)

China, glassware, metal, paint, wallpaper—retail.

(15)

Convenience store or food shop, including accessory automobile fuel sales.

(16)

Data processing services/offices.

(17)

Day care facility.

(18)

Department, discount or variety store.

(19)

Drive-through pickup and delivery service.

(20)

Exterminators.

(21)

General contracting and building construction services. Construction grading, excavating and similar equipment shall be stored in an enclosed building.

(22)

Health and exercise facility or athletic club.

(23)

Hospital or medical clinic.

(24)

Hotels, motels, or extended stay hotels.

(25)

Laboratory—research, experimental or testing.

(26)

Landscaping contracting services or landscape nurseries for growing plants, trees and shrubs.

(27)

Liquor store.

(28)

Mortuary.

(29)

Pet grooming and pet supplies.

(30)

Pet shops, veterinarian clinic or animal hospital in a completely enclosed building.

(31)

Postal services.

(32)

Printing, publishing, photo finishing or engraving service.

(33)

Radio or television broadcast station or studio.

(34)

Restaurant.

(35)

Sales and service for the following: appliances, blueprinting, photocopying, electronics, hardware, publishing, engraving, office and business equipment, tire sales and service.

(36)

Schools of higher education.

(37)

Supermarket or grocery.

(38)

Theater, indoor; live performance or motion picture.

(39)

Wholesale establishment with warehousing not exceeding 40 percent of the ground floor area.

(40)

Medical marijuana testing facilities.

(c)

Conditional uses.

(1)

Amphitheater or drive-in theater.

(2)

Amusement game complex or arcade.

(3)

Amusement park.

(4)

Athletic field or gymnasiums.

(5)

Automated teller machine (ATM) as a primary use.

(6)

Banquet center, including accessory facilities.

(7)

Bed and breakfast inn.

(8)

Blacksmith or welding services.

(9)

Bus station.

(10)

Cemetery on a site not less than 20 acres.

(11)

Commercial recreation uses such as bowling alley, billiard parlor, dance hall, skating rink or uses of similar character.

(12)

Crematorium, as an accessory use to a mortuary (see section 405.1020).

(13)

Furniture repair, refinishing, reupholstery.

(14)

Garden supplies and displays including outdoor storage.

(15)

Greenhouses/nursery, including accessory storage.

(16)

Indoor or outdoor gaming, recreational uses or live performances.

(17)

Kennel boarding or breeding.

(18)

Lawn care service establishment.

(19)

Liquor by the drink.

(20)

Lumber and building materials store but not lumberyards.

(21)

Miniature golf course, golf course, or driving range.

(22)

Monument sales with outdoor storage or displays.

(23)

(24)

Public parking lots and garages.

(25)

Railroad switching yards.

(26)

Residences.

(27)

Restaurant, including drive-through facility.

(28)

School for industrial training, trade or business school.

(29)

Used car, truck, recreational vehicle sales, service, leasing or rental.

(30)

Medical marijuana dispensary facilities.

(d)

Regulations and performance standards.

(1)

Minimum lot area. 8,300 square feet.

(2)

Minimum lot width. 60 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than ten feet.

Rear yard Not less than 15 feet, except that where a rear yard adjoins property zoned any residential district, a rear yard of 25 feet shall be provided.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of three stories or 50 feet, whichever is less.

(5)

Maximum lot coverage. As dictated by other area and performance requirements such as yard setbacks, landscaping and parking.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Bulk storage of any flammable liquid is underground.

Other standards as required in article IV of this chapter.

Outdoor storage or display of merchandise, materials or equipment is prohibited, unless approved by a conditional use permit.

(8)

(9)

(10)

Protective screening.

Reserved.

Sec. 405.240. - "C-3" Highway Commercial District.

(a)

(b)

Permitted uses.

(1)

Any use listed as a permitted use in the "C-2" General Commercial District.

(2)

Agricultural or farm equipment sales storage or repair.

(3)

Amphitheater or drive-in theater.

(4)

Amusement park.

(5)

Auditorium, arena or fieldhouse, convention center, museum, or planetarium.

(6)

Baking facility, bottling works or food packaging.

(7)

(8)

Commercial recreational use such as bowling alleys, billiard parlors, dance hall, skating rink, or a use of similar character.

(9)

Furniture sales, refinishing, repair, or re-upholstery.

(10)

Garden supply and display store.

(11)

Lawn care service establishment.

(12)

Lumberyard and building material/supply store.

(13)

Mortuary/funeral home.

(14)

Printing, publishing, painting or engraving services and shops.

(15)

Professional offices.

(16)

(17)

(18)

School for industrial training, trade or business training.

(19)

Medical marijuana testing facilities.

(20)

(c)

Conditional uses.

(1)

Automated teller machine (ATM) as a primary use exterior to a multi-tenant commercial shopping center having greater than 100,000 square feet of lease space.

(2)

Banquet center, including accessory facilities.

(3)

Blacksmith or welding service or shops.

(4)

Leasing or sales of bottled gas.

(5)

(6)

Crematorium, as an accessory use to a mortuary (see section 405.1020).

(7)

Fertilizer storage in bags or bulk storage of liquid or dry fertilizer.

(8)

Golf course, miniature golf course or driving range.

(9)

Greenhouses/nursery, including accessory storage.

(10)

Indoor or outdoor gaming, recreational uses or live performances.

(11)

Kennel for commercial boarding or breeding.

(12)

Liquor by the drink.

(13)

Outdoor storage or display in connection with, and accessory to, a permitted use on the site. Material, product, inventory, goods or equipment not displayed for sale or lease on the site may be permitted in the side or rear yard provided items are screened or enclosed by a masonry wall, sightproof fence or equivalent landscape hedge not less than six feet in height. Outdoor display of merchandise and goods for lease or sale at retail may be approved without screening subject to any conditions of the conditional use permit.

(14)

Public parking lots or garages, but excluding self-storage lots for motor vehicles, recreational vehicles, boats or trailers.

(15)

Restaurant, including drive-through facility.

(16)

Sale or storage of stone products, monuments, sand or gravel. No crushing or grinding allowed.

(17)

Sales and installation services.

(18)

Social service activities for such uses as food pantries, drug rehabilitation programs, parole office.

(19)

Stadiums or zoo.

(20)

Taxicab garaging, dispatch and maintenance.

(21)

Truck or bus terminal.

(22)

Used car, truck, recreational vehicle sales, service, leasing or rental.

(23)

Utility maintenance yard.

(24)

Medical marijuana dispensary facilities.

(25)

(d)

Regulations and performance standards.

(1)

Minimum lot area. 10,000 square feet.

(2)

Minimum lot width. 60 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than ten feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 50 feet or three stories, whichever is less.

(5)

Maximum lot coverage. As dictated by other area and performance requirements such as yard setbacks, landscaping and parking.

(6)

Off-street parking and loading. As required by article V of this chapter.

(7)

Performance standards.

Other performance standards. See article IV of this chapter.

(8)

(9)

Suggested building materials. Commercial buildings shall have exterior wall material of brick, stone, decorative concrete masonry unit, concrete with textured finish, vinyl, wood, or cement fiber (Hardie Board) siding, or architectural metal panel and glass. EIFS/Dryvit, stucco or other accent material not to exceed twenty (20) percent of any wall elevation and is to be constructed at an elevation of at least eight feet above the adjacent grade may be allowed subject to site plan approval. No new commercial building shall have an exterior material consisting of exposed fastener metal or concrete cinder block.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, on commercial buildings shall be screened from view to the height of the equipment, with a similar material used for the building, vinyl or wood fencing.

(10)

Protective screening.

Reserved.

Sec. 405.250. - "I-1" Light Industrial District.

(a)

(b)

Permitted uses.

(1)

Aluminum extrusion, rolling, fabrication and assembly and forming.

(2)

Bottling and canning facility.

(3)

Cabinetmaking, planing mill, carpentry and woodworking plant.

(4)

Chemical laboratory not producing fumes or odors.

(5)

Food lockers, cold storage facilities.

(6)

General contracting services.

(7)

Labor unions and labor organizations.

(8)

Laboratories, or research, experimental or testing facilities, excluding explosives.

(9)

Laundry and linen supply services.

(10)

Lumberyard, not including planing and millwork.

(11)

Machine shop, electroplating, photoengraving, plumbing or sheet metal shop.

(12)

Manufacturing or processing or assembly of materials and products similar to:

Aircraft and accessories;

Appliances (household and electrical);

Athletic and sporting goods;

Bags/boxes;

Bakery products;

Brooms and brushes;

Candy;

Canvas products;

Carpet and rugs;

Cigars and cigarettes;

Clocks and watches;

Clothing;

Communication equipment;

Computer and data processing equipment;

Construction equipment;

Drugs and medicine;

Electrical equipment and wiring;

Engineering, laboratory, scientific equipment;

Farm machinery;

Fur goods, dressing and dying;

Furniture;

General hardware;

Glass or glass containers;

Guns;

Hats and caps;

Ice and frozen desserts;

aa.

Industrial belting and packing;

bb.

Leather products;

cc.

Medical and surgical instruments;

dd.

Metal or galvanized products;

ee.

Musical instruments and supplies;

ff.

Newspaper, printing and publishing;

gg.

Novelties;

hh.

Office machines and products;

ii.

Pipe products;

jj.

Plastic products;

kk.

Radio, television products;

ll.

Shoes and boots;

mm.

Signs;

nn.

Soap and detergents;

oo.

Solar power technologies;

pp.

Stone products and cut stone;

qq.

Syrups;

rr.

Terra-cotta;

ss.

Textiles;

tt.

Tobacco and tobacco products;

uu.

Toys;

vv.

Wall coverings; and

ww.

Wind power technologies.

(13)

Masonry, marble, tile or stonework operation.

(14)

Medical laboratory and services.

(15)

Railroad spur tracks.

(16)

(17)

Warehousing and associated wholesale/retail sales of individual specialty products similar to:

Agricultural fertilizers (non-hazardous);

Air conditioning, refrigeration equipment;

Alcoholic beverages, wines, spirits;

Apparel and accessories;

Appliances (household and electrical);

Books, magazines, newspapers;

Building materials;

Construction equipment;

Drug, drug proprietary;

Electrical supplies;

Electronics, electrical equipment, wiring supplies;

Equipment and supplies for service establishments;

Farm supplies;

Furniture and home furnishings;

Garden supplies and landscape supplies;

General contractors service supplies;

Grocery supplies;

Hardware products;

Household goods, non-hazardous products;

Lumber and building materials;

Paper, paper products;

Research, development or testing products;

Shoes and boots;

Solar power technologies;

Tobacco and tobacco products; and

Wind power technologies.

(18)

Shipping and distribution facility.

(19)

Utility substation for electric, gas, cable, telephone or internet.

(20)

Welding, blacksmith supply, production, service facility.

(21)

Medical marijuana cultivation facilities.

(22)

Medical marijuana manufacturing facilities.

(23)

Medical marijuana testing facilities.

(24)

(c)

Conditional uses.

(1)

Manufacture of general household, commercial and industrial cleaning products and related chemicals.

(2)

(3)

(4)

(5)

Truck or bus terminal.

(6)

Utility maintenance yard.

(7)

Towing and recovery facility.

(8)

Public parking lot or garage, including self-storage lots for motor vehicles, recreational vehicles, boats or trailers.

(9)

Wind farm.

(10)

Mobile food vendor on site not less than 15 acres.

(11)

(12)

Medical marijuana dispensary facilities.

(13)

(d)

Regulations and performance standards.

(1)

Minimum lot area. Two acres.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 30 feet.

Side yard. Not less than 20 feet.

Rear yard. Not less than 30 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 50 feet or three stories.

(5)

(6)

Off-street parking and loading. As required by article V of this chapter, and including:

Loading operations shall be constructed at the side or rear of buildings. No truck shall extend into a public street used for traffic circulation while loading and unloading.

Adequate parking shall be provided off-street for uses in the district, if necessary parking shall exceed minimum parking standards in section 405.580.

(7)

Performance standards.

All industrial operations shall be conducted within a completely enclosed building.

All storage of materials and equipment shall be within a completely enclosed building unless approved by a conditional use permit.

Other performance standards. See article IV of this chapter.

(8)

(9)

(10)

Protective screening.

Reserved.

(11)

Reserved.

Sec. 405.260. - "I-2" Heavy Industrial District.

(a)

(b)

Permitted uses.

(1)

Any permitted use in the "I-1" Light Industrial District.

(2)

Bottled gas sales.

(3)

Food canning and preserving facility.

(4)

Leather tanning and finishing.

(5)

Lumberyard including planing and millwork.

(6)

Metal coating and stamping.

(7)

(8)

Motor freight garaging and equipment maintenance.

(9)

Poultry and small game dressing and packing.

(10)

Railroad equipment, terminal, maintenance yard and right-of-way.

(11)

Taxicab dispatch garaging and maintenance.

(12)

Truck and bus terminal.

(13)

Utility maintenance yard for gas, electric, cable, telephone.

(14)

Warehousing and storage of household goods.

(15)

Manufacture and assembly of the following:

Agricultural chemicals and fertilizers;

Automobile and motor vehicles and equipment;

Biological products;

Boats and boat trailers;

Brick, clay, asphalt;

Cardboard and paperboard containers;

Concrete products;

Construction, mining, material handling equipment;

Cut stone and stone products;

Engines and turbines;

Fabricated and structural metal products;

Farm machinery and equipment;

Food products;

Foundry, non-ferrous metal;

Guns and related equipment (small arms);

Hardwood and linoleum floor covering;

Household chemicals and cleaning products;

Industrial machinery and equipment;

Lime products;

Meat and sausage products;

Meat packing (not stockyard);

Medical chemicals;

Metal working machinery and equipment;

Metal works and sign displays;

Oilcloth, plastic fabrics, and vinyl products;

Paint, varnish, lacquer, enamel;

aa.

Perfumes and cosmetics;

bb.

Prefabricated buildings and structures;

cc.

Recreational vehicles and equipment;

dd.

Rubber fabricated products;

ee.

Steel pipes and tubes;

ff.

Steel wire drawing, steel nails, spikes; and

gg.

Stone products and cut stone works.

(16)

Wholesale merchandising and storage warehousing of products similar to:

Agricultural chemicals and fertilizers;

Automobile and other motor vehicles and equipment;

Dairy products;

Poultry and poultry products;

Meat packing products;

Petroleum, fuel oil bulk stations and terminals.

(17)

Towing and recovery facility.

(18)

Medical marijuana cultivation facilities.

(19)

Medical marijuana manufacturing facilities.

(20)

Medical marijuana testing facilities.

(c)

Conditional use permits.

(1)

Airfield, landing fields, heliports including aircraft storage and terminals.

(2)

Ammunition assembly and manufacturing.

(3)

Asphalt mixing plant.

(4)

Cement, lime, gypsum or plaster of Paris product manufacturing.

(5)

Electric generating plant.

(6)

Explosive devices or materials storage or manufacture.

(7)

Extraction or quarrying of sand, gravel, topsoil or other material.

(8)

Fat, grease, shortening, lard, rendering or refining.

(9)

Firing range.

(10)

Fuel, fuel oil and liquid petroleum gas sales.

(11)

Gas production and storage plants.

(12)

Glue and gelatin manufacturing.

(13)

Grease and lubricating oil manufacturing.

(14)

(15)

Mobile food vendor on site not less than 15 acres.

(16)

Public parking lot or garage, including self-storage lots for motor vehicles, recreational vehicles, boats or trailers.

(17)

(18)

Recycle operation for paper, glass, oil, metal, but not salvage under conditions in article IV of this chapter.

(19)

Redi-mix concrete batch plant.

(20)

Schools, technical and trade.

(21)

Sexually explicit business establishments including bookstores and sale of novelties.

(22)

Solid waste transfer station.

(23)

Wind farm.

(24)

(d)

Regulations and performance standards.

(1)

Minimum lot area. Three acres.

(2)

Minimum lot width. 150 feet at the building line.

(3)

Minimum yard requirements.

Front yard. Not less than 50 feet.

Side yard. Not less than 50 feet.

Rear yard. Not less than 50 feet.

(4)

Height requirement. Except as otherwise provided in section 405.360, the following shall apply: No building or structure shall exceed a height of 60 feet or three stories, whichever is less.

(5)

(6)

Off-street parking and loading. As required by article V of this chapter, and including:

Loading operations shall be constructed at the side or rear of buildings. No truck shall extend into a public street used for traffic circulation while loading or unloading.

Adequate parking shall be provided off-street for uses in the district, if necessary parking shall exceed minimum parking standards in section 405.580.

(7)

Performance standards.

All industrial operations shall be contained within a completely enclosed building, except for storage as allowed in subsection (d)(7)b of this section.

Other performance standards. See article IV of this chapter.

(8)

(9)

Suggested building materials. Industrial buildings shall have exterior wall material of brick, stone, stucco, textured Masonite, decorative concrete masonry unit, glass, EIFS/Dryvit, standing metal seam panels, concrete tilt-up with painted or treated vinyl or wood siding, concrete cinder block, that is painted or finished.

Mechanical equipment. All equipment and heating and air conditioning equipment, whether roof- or ground-mounted, on industrial buildings shall be screened from view to the height of the equipment with a similar material used for the building, vinyl or wood fencing.

(10)

Protective screening.

Reserved.

(11)

Reserved.

Sec. 405.270. - "PD" Planned Development District.

(a)

Intent and purpose.

(1)

(2)

(3)

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

Diversification in the uses permitted and variation of the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

Establishment and maintenance of the neighborhood concept by allowing non-residential uses within the development, thereby discouraging strip commercial development.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

To decrease or minimize non-point source pollution impacts by reducing the amount of impervious surfaces in site development.

(b)

Relationship of planned development districts to zoning.

(1)

(2)

(3)

Planned Development—Residential ("PD-R"). Planned developments involving residential uses only.

Planned Development—Commercial ("PD-C"). Planned developments involving commercial uses only.

Planned Development—Industrial ("PD-I"). Planned developments involving industrial uses only.

Planned Development Mixed Use ("PD-MXD"). Planned developments involving a mixture of residential and non-residential uses.

(4)

(c)

Overall Development Site Size. The minimum overall site size required for planned developments shall be as follows:

Planned Development—Residential: 10.0 acres.

Planned Development—Commercial: 1.0 acre.

Planned Development—Industrial: 2.0 acres.

Planned Development—Mixed Use: 30.0 acres.

(d)

Subclassification	Requirement
Planned Development—Residential	Uses may include only those uses designated as permitted, accessory or conditional uses in the "R-1A" through "R-1E" Single-Family Districts, "R-2" Two-Family District and "R-3" Multi-Family District.
Planned Development—Commercial	Uses may include only those uses designated as permitted or conditional uses in the "C-O" Office District, "C-1," "C-2" and "C-3" Commercial Districts, or other uses of commercial nature, but excluding residential uses.
Planned Development—Industrial	Uses may include those uses designated as permitted or conditional uses in the "C-O" Office District, "I-1" or "I-2" Industrial Districts, but excluding residential uses.
Planned Development—Mixed Use	Uses may include those uses designated as permitted, accessory or conditional uses in any of the districts.

(e)

Density and area regulations and performance standards.

(1)

Inadequate or unsafe motor vehicle or pedestrian access, or inadequate utility access within the planned development;

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;

Undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve, or are proposed to serve, the planned development;

Development which will be incompatible with the general purposes of this chapter; or

Detrimental environmental or aesthetic impact on the surrounding area, or individual lot area, by coverage of structures to achieve adequate sunlight, air and storm water conveyance.

(2)

Designation of open space.

No area of interior project common open space in the development plan shall be less than twenty (20) feet in width in its smallest dimension.

The use, operation and maintenance of the common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association or trustees.

(3)

Clustering design standards.

Minimum required open space. Minimum required open space for a cluster development (based upon city comprehensive land use map):

Land Use Category	Minimum Required Open Space
Low density residential	60%
Medium density residential	40%