City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents

Section 400.140 "A" Agricultural District. [1]

[R.O. 2009 §156.025; CC 1981 §30-26; Ord. No. 77-31, 7-5-1977; Ord. No. 92-302, 12-16-1992; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §2, 2-4-2011]
A. 
Purpose. The purpose of the "A" Agricultural District is to provide for agricultural activities, to provide for spacious residential development for those who choose this environment and to prevent untimely scattering of more dense urban uses, which should be confined to areas planned for efficient extension of public services.
B. 
Permitted Uses. A building or land in the "A" Agricultural District shall be used only for the following purposes:
1. 
Agricultural activities on a farm of three (3) acres or more including general farming, truck gardening, cultivation of field crops, orchards, groves or nurseries for growing or propagation of plants, turf, trees and shrubs, dairy farming, keeping or raising for sale of large or small animals, reptiles, fish, birds or poultry and including structures for storage and processing; provided, that commercial slaughtering and processing of large animals such as horses, cows, pigs, sheep or goats shall not be conducted on the premises.
2. 
Educational facilities such as:
a. 
Public zoological gardens;
b. 
Public botanical gardens;
c. 
Bird sanctuaries; and
d. 
Arboretums.
3. 
Greenhouse, commercial.
4. 
Public and private parks and open spaces.
5. 
Reservoirs.
6. 
Single-family dwellings.
7. 
Wildlife reservations and other similar conservation projects.
8. 
Placement of a telecommunication antenna on an existing telecommunication tower (co-location) where no expansion or enlargement of the existing tower enclosure is required.
C. 
Permitted Accessory Uses. The following accessory uses are permitted in the "A" district:
1. 
Buildings used as contractors' or construction operations during development of the tract or subdivision on which they are located. They shall be removed upon completion or abandonment of the project or the end of a two (2) year period, whichever is sooner.
2. 
Dwelling unit used for guests.
3. 
Fertilizer storage, for farm use only, in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture, processing, retail or wholesale.
4. 
Garage, private.
5. 
Garden house, tool house, playhouse or greenhouse incidental to residential use.
6. 
Grain storage, blending and packaging for farm use only, but not milling.
7. 
Home occupations.
8. 
Marinas and boat docks.
9. 
Storage of a boat trailer, self-propelled camper, camp trailer or a boat, but not in a front yard.
D. 
Conditional Uses.
1. 
The following uses may be permitted in the "A" district as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Airports and landing fields and accessory uses for general aviation.
b. 
Archery range, provided, that such range is approved by the Chief of Police.
c. 
Cemetery on a site of not less than twenty (20) acres.
d. 
Circus or carnival grounds, amusement park, zoo or midway, permanent or temporary, for specified time period.
e. 
Day camps and campgrounds.
f. 
Day care facilities subject to the following as may be modified through the conditional use process:
(1) 
Not more than ten (10) children not related to the operator shall be kept. Up to three (3) additional children over the age of two (2) may be kept for up to two (2) hours per day. Up to three (3) additional school age children may be kept on unscheduled days of school closings; provided that at no time shall more than thirteen (13) children not related to the operator be kept.
(2) 
Such uses shall be permitted only if the rear yard in which the home would operate meets the minimum requirements of this Section and is enclosed with a suitable fence.
(3) 
Such uses are located in the dwelling used by the operator as his/her private residence.
(4) 
The operator shall not employ more than one (1) full-time (forty (40) hours per week) assistant who does not reside on the premises or more than two (2) half-time (twenty (20) hours per week) assistants who do not reside on the premises.
(5) 
No advertising or identification sign shall be placed on the premises.
(6) 
All City health and fire regulations are met.
(7) 
All applicable State regulations are met.
g. 
Dog kennels, commercial or non-commercial; provided any commercial open pens, runs, cages or kennels shall be located at least two hundred (200) feet from any side or rear lot lines.
h. 
Dwellings and mobile homes occupied by persons employed on the premises or immediate members of the family or families owning or operating a farm.
i. 
Educational institutions including museums, art galleries and libraries.
j. 
Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel or stone and other major excavations other than for construction of swimming pools and foundations for buildings.
k. 
Exposition center or fairgrounds.
l. 
Golf courses, putting greens, driving ranges and similar activities operated as a business including a building for a golf shop, locker room and snack bar as an accessory use to a golf course; provided no such building is located closer than one hundred (100) feet from adjoining property lines.
m. 
Hospital or clinic for large or small animals; provided that all buildings, structures, pens or open kennels shall be located at least two hundred (200) feet from any lot lines.
n. 
Hospitals, congregate care facilities and group living arrangements.
o. 
Livestock auction market.
p. 
Racetrack, any type, subject to the following requirements for protective screening: where a racetrack directly adjoins a residential zoning district or a "PD" zoning district, a landscaped greenbelt at least fifty (50) feet in width shall be provided and maintained along the appropriate property line by the owners and/or managers of the racetrack. The undeveloped area shall be planted with trees or shrubs or shall be maintained in a well kept lawn. The greenbelt shall not be used for off-street parking facilities, for driveways or for open storage. Along the inner side of the greenbelt, there shall be provided a masonry wall at least six (6) feet in height above grade to separate the greenbelt from the racetrack facilities.
q. 
Radio television transmission receiving station or tower; subject to building codes and further regulations of Section 400.470.
r. 
Recreational uses or facilities, commercially operated or for a private membership, such as game courts, swimming pools, tennis clubs, fishing or boating lakes, camping areas, picnic grounds, dude ranches or similar activities; and accessory facilities including the sale of food, beverages, bait, incidentals, supplies and equipment; provided that no such use, structure or accessory use is located closer than fifty (50) feet to any adjoining property lines.
s. 
Riding academies and commercial stables; provided that any buildings for the keeping of animals shall be located at least two hundred (200) feet from any side or rear lot lines and the site size of the lot shall be no less than forty (40) acres.
t. 
Sports arenas or stadiums, commercial athletic fields or baseball parks.
u. 
Temporary and conditional permits may be provided for a period of two (2) years or less for the following uses:
(1) 
Asphalt batching plants or concrete batching plants.
(2) 
Non-accessory tents for special purposes.
(3) 
Outdoor displays for promotional activities.
v. 
Telecommunication towers, antennas attached to structures, or placement of a telecommunication antenna on an existing tower (co-location) where an expansion or enlargement of the existing tower enclosure is required. Telecommunication towers shall be located only on property that is a non-residential use.
w. 
Warming and cooling centers when accessory to a church or other place of worship. Occupancy limits for a warming and cooling center shall be determined by the Building Code Official and Fire Marshal.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
E. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) In the "A" district, the design standards shall be as follows:
1. 
Minimum lot area: 3 acres.
2. 
Minimum lot width at the building line: 150 feet.
3. 
Minimum street frontage: 25 feet.
4. 
Minimum lot depth: 200 feet.
5. 
Maximum height of building: 2½ stories or 35 feet.
6. 
Minimum setback requirements measured from building line to property line:
a. 
Front yard setback: 50 feet.
b. 
Side yard setback: 20 feet.
c. 
Rear yard setback: 50 feet.
7. 
Off-street parking and loading requirements shall be as contained in Sections 400.660 et seq.
8. 
Minimum floor elevation. Floor elevations shall be at least one (1) foot above the Corps of Engineers' 100-year flood elevation.
9. 
Protective screening. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[1]
Cross Reference—As to animals and fowl, ch. 210.

Section 400.150 "R-1C", "R-1D", "R-1E" Single-Family Residential Districts.

[R.O. 2009 §156.026; CC 1981 §30-27; Ord. No. 77-31, 7-5-1977; Ord. No. 83-2, 1-5-1983; Ord. No. 92-302, 12-16-1992; Ord. No. 93-191, 9-8-1993; Ord. No. 94-95, 4-20-1994; Ord. No. 94-126, 6-8-1994; Ord. No. 95-11, 1-11-1995; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 01-111, 6-8-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 04-286, 12-29-2004; Ord. No. 06-163, 6-30-2006; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §3, 2-4-2011; Ord. No. 13-048 §1, 2-22-2013]
A. 
Purpose. The purpose of the "R-1C", "R-1D", "R-1E" Single-Family Residential Districts is to provide for low density, single-family, residential development on lots where water and sewer facilities generally are provided, together with such churches, recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. In general, the districts are located where urbanization and full utilities and public services exist or are planned for the reasonably near future.
B. 
Permitted Uses. Buildings or land in the "R-1C", "R-1D", "R-1E" districts shall be used only for the following uses:
1. 
Single-family dwellings, but not manufactured homes.
2. 
Group living arrangments.
3. 
Public parks and open spaces.
4. 
Public schools, government-owned buildings and places of worship.
5. 
Parking lots for governmental purposes.
6. 
Placement of a telecommunication antenna on an existing telecommunication tower (co-location) where no expansion or enlargement of the existing tower enclosure is required.
C. 
Permitted Accessory Uses. The following accessory uses are permitted in the "R-1C", "R-1D", "R-1E" districts:
1. 
Buildings used as contractors' or construction operations during development of the tract or subdivision on which they are located. They shall be removed upon completion or abandonment of the project or at the end of a two (2) year period, whichever is sooner.
2. 
Garage.
3. 
Garden house, tool house, playhouse or greenhouse incidental to residential use.
4. 
Home occupations.
5. 
Swimming pools and game courts, lighted or unlighted, for use by occupants or their guests in accord with the conditions stated in Sections 400.620 et seq.
D. 
Conditional Uses.
1. 
The following uses may be permitted in the "R-1C", "R-1D", "R-1E" districts as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Cemetery on a site of one (1) acre or more.
b. 
Adult day care facilities.
c. 
Day care facilities subject to the following as may be modified through the conditional use process.
(1) 
Day care facilities located in an existing public or private school and accommodating students of that school only are not required to follow the procedures outlined in Section 400.1090.
(2) 
Not more than ten (10) children not related to the operator shall be kept. Up to three (3) additional children over the age of two (2) may be kept for up to two (2) hours per day. Up to three (3) additional school age children may be kept on unscheduled days of school closings; provided that at no time shall more than thirteen (13) children not related to the operator be kept.
(3) 
Such uses shall be permitted only if the rear yard in which the home would operate meets the minimum requirements of this Section and is enclosed with a suitable fence.
(4) 
Such uses are located in the dwelling used by the operator as his/her private residence.
(5) 
The operator shall not employ more than one (1) full-time (forty (40) hours per week) assistant who does not reside on the premises or more than two (2) half-time (twenty (20) hours per week) assistants who do not reside on the premises.
(6) 
No advertising or identification sign shall be placed on the premises.
(7) 
All City health and fire regulations are met.
(8) 
All applicable State regulations are met.
d. 
Educational facilities such as public zoological gardens and public botanical gardens.
e. 
Farm, truck garden, orchard or nursery.
f. 
Golf courses, not lighted for night play, but including a building for a golf shop, locker room and snack bar as an accessory use to a golf course; provided no such building is located closer than one hundred (100) feet to adjoining property lines; and not including miniature golf courses, putting greens, driving ranges and similar activities operated as a business.
g. 
Private club associated with a subdivision development or neighborhood clubs or neighborhood associations.
h. 
Amateur radio operator's equipment, as licensed by the FCC, but not more than twenty (20) feet above the highest point of the primary structure on the property.
i. 
Recreation facilities, such as fishing or boating lakes, boat docks, picnic grounds, swimming or tennis clubs or similar activities, and accessory facilities including sale of food, beverages or bait.
j. 
Wildlife reservations and similar conservation projects.
k. 
Meeting facilities for fraternal, masonic and philanthropic clubs and organizations.
l. 
Bed and breakfast.
m. 
Private dining service only within the Extended Historic Preservation District.
n. 
Telecommunication towers, antennas attached to structures, or placement of a telecommunication antenna on an existing tower (co-location) where an expansion or enlargement of the existing tower enclosure is required. Telecommunication towers shall be located only on property that is a non-residential use.
o. 
Warming and cooling centers when accessory to a church or other place of worship. Occupancy limits for a warming and cooling center shall be determined by the Building Code Official and Fire Marshal.
p. 
Guest houses provided the property is located within the FPD Frenchtown Preservation District Overlay.
[Ord. No. 15-295 §1, 12-15-2015]
q. 
Shipping container homes, provided:
[Ord. No. 16-266 §2, 12-20-2016]
(1) 
The structure complies with all applicable provisions of the International Building Code;
(2) 
The structure is completely enclosed with vinyl, wood, cement board or brick siding; and
(3) 
The structure has a pitched roof constructed of wood or metal.
In approving the conditional use, the Planning and Zoning Commission may recommend and the City Council may impose additional conditions that are deemed necessary to maintain the desired consistency of land uses, land use intensities and land use impacts as related to the environs of the subject property.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
E. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "R-1C", "R-1D", "R-1E" districts:
1. 
Minimum lot area:
a. 
"R-1C" district: 12,500 square feet.
b. 
"R-1D" district: 9,000 square feet.
c. 
"R-1E" district: 7,000 square feet.
2. 
Minimum lot width at the building line:
a. 
"R-1C" district: 100 feet.
b. 
"R-1D" district: 75 feet.
c. 
"R-1E" district: 60 feet.
d. 
200 feet for a church.
3. 
Minimum street frontage shall be twenty-five (25) feet.
4. 
Minimum lot depth:
a. 
"R-1C" district: 125 feet.
b. 
"R-1D" district: 100 feet.
c. 
"R-1E" district: 100 feet.
5. 
Minimum setback requirements measured from the building line to the property line:
a. 
Front yard setback:
(1) 
"R-1C" district: 30 feet.
(2) 
"R-1D", "R-1E" districts: 25 feet.
b. 
Side yard setback:
(1) 
"R-1C" district: 10 feet.
(2) 
"R-1D" and "R-1E" districts: 7 feet.
c. 
Rear yard setback: 25 feet.
6. 
Maximum lot coverage. Not more than forty percent (40%) of the lot area shall be covered by the principal building and accessory structures.
7. 
Maximum height of building: 2½ stories or 35 feet
8. 
Minimum floor area in square feet: 1,000 square feet for a single-family dwelling unit
9. 
Public utilities. Requirements are contained in Section 400.610.
10. 
Off-street parking and loading requirements.
a. 
Requirements for off-street parking and loading are contained in Sections 400.660 et seq.
b. 
One (1) commercial vehicle licensed for not more than twelve thousand (12,000) pounds gross vehicular weight and used by the occupant of the dwelling may be parked on the premises.
c. 
Protective screening. All exterior solid waste containers and container racks or stands for any non-conforming use, which is a permitted or conditional use in any multi-family, commercial or industrial district, shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).

Section 400.160 "R-2" Two-Family Residential District.

[R.O. 2009 §156.027; CC 1981 §30-28; Ord. No. 77-31, 7-5-1977; Ord. No. 91-62, 3-25-1991; Ord. No. 92-302, 12-16-1992; Ord. No. 94-95, 4-20-1994; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 01-111, 6-8-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "R-2" Two-Family Residential District is to provide for duplex development in areas appropriate for such uses, particularly as a transitional area between single-family areas and major roads or more intensive uses such as commercial, industrial or multi-family developments. Population density and height of buildings are intended to be generally compatible with any adjacent single-family residential developments to be protected.
B. 
Permitted Uses. A building or land in the "R-2" district shall be used only for the following purposes:
1. 
Any use permitted in the "R-1C", "R-1D" and "R-1E" Single-Family Residential District.
2. 
Two-family dwellings.
C. 
Permitted Accessory Uses. Any accessory use permitted in the "R-1C", "R-1D" and "R-1E" Single-Family Residential District is a permitted accessory use in the "R-2" district.
D. 
Conditional Uses.
1. 
The following uses may be permitted as conditional uses in the "R-2" district if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Any conditional use of the "R-1C", "R-1D" and "R-1E" Single-Family Residential Districts.
b. 
Bed and breakfast establishments. For informational purposes only, an applicant for a conditional use under this Subsection shall forward a copy of the application to the City Council member in whose ward the proposed use is located.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
E. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) In the "R-2" district the design standards shall be:
1. 
Minimum lot area: 9,000 square feet.
2. 
Minimum lot width at the building line: 75 feet, minimum street frontage shall be 25 feet.
3. 
Minimum lot depth: 120 feet.
4. 
Maximum height of building: 2½ stories or 35 feet.
5. 
Minimum setback requirements measured from building line to property line:
a. 
Front yard setback: 25 feet.
b. 
Side yard setback: 7 feet.
c. 
Rear yard setback: 25 feet.
6. 
Maximum lot coverage. Not more than forty percent (40%) of the lot area shall be covered by the principal building and accessory structures.
7. 
Minimum floor area in square feet. No dwelling unit in a "R-2" zone shall have a living area of less than seven hundred (700) square feet.
8. 
Public utilities. Requirements are contained in Section 400.610.
9. 
Off-street parking and loading requirements.
a. 
Requirements are contained in Sections 400.660 et seq.
b. 
One (1) commercial vehicle licensed for not more than twelve thousand (12,000) pounds gross vehicular weight and used by the occupant of the dwelling may be parked on the premises.
10. 
Protective screening. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district, shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).

Section 400.170 "R-3A" Multiple-Family Residential District.

[R.O. 2009 §156.028; CC 1981 §30-29; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "R-3A" Multiple-Family Residential District is to provide for a variety of housing types and residential densities as might be appropriate for row houses, garden apartments or town house developments in areas appropriately located for such use, which areas are well located with respect to major thoroughfares, shopping facilities and centers of employment.
B. 
Permitted Uses. A building or land in the "R-3A" district shall be used only for the following purposes:
1. 
Any use permitted in the "R-1C", "R-1D" and "R-1E" Single-Family Residential District.
2. 
Any use permitted in the "R-2" Two-Family Residential District.
3. 
Apartment buildings, residential condominiums, town houses, row houses and other types of multiple-family dwellings.
4. 
Senior Housing Facilities.
[Ord. No. 15-069 §2, 4-21-2015]
C. 
Permitted Accessory Uses. The following accessory uses are permitted in the "R-3A" district:
1. 
Any accessory use permitted in the "R-1C", "R-1D", "R-1E" and "R-2" residential districts.
2. 
A laundry room for use of occupants of a multiple-family dwelling development.
3. 
An office located in a main building for administration of a multiple-family development containing ten (10) or more dwelling units.
4. 
Coin-operated vending machines for candy, tobacco, ice, soft drinks and sundries located inside a building and for the use of occupants of a multiple-family dwelling development.
5. 
Club and recreational facility for use of occupants of a multiple-family development.
D. 
Conditional Uses.
1. 
The following uses may be permitted in the "R-3A" district as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Conditional uses in any "R-1" or "R-2" zoning district.
b. 
Congregate Care Facilities.
c. 
Hospitals and orphanages, subject to the requirements of Section 400.440.
d. 
Store for sale of food and sundries, not exceeding one thousand (1,000) square feet of total floor area, inside a multiple-family dwelling development and primarily for the convenience of residents of a multiple-family development.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
E. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "R-3A" district:
1. 
Minimum lot area: 10,000 square feet.
2. 
Minimum lot width:
a. 
Minimum width at the building line: 75 feet.
b. 
Minimum street frontage: 25 feet.
3. 
Minimum lot depth: 125 feet.
4. 
Maximum height of building: 3 stories or 45 feet.
5. 
Minimum setback requirements measured from building line to property line:
a. 
Front yard setback: 25 feet.
b. 
Side yard setback: 7 feet.
c. 
Rear yard setback: 25 feet.
d. 
Minimum horizontal distance between buildings on the same lot: 30 feet.
6. 
Maximum lot coverage. Not more than forty percent (40%) of the lot area shall be covered by the principal buildings and accessory structures.
7. 
Residential density. The density shall not exceed eighteen (18.0) dwelling units per acre (DU/A).
8. 
Protective screening. All exterior solid waste containers and container racks or stands for a multiple-family dwelling shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
9. 
Public utilities. Requirements are contained in Section 400.610.
10. 
Off-street parking and loading. Requirements are contained in Sections 400.660 et seq.

Section 400.180 "R-M" Manufactured/Modular Residential District. [1]

[R.O. 2009 §156.029; CC 1981 §30-31; Ord. No. 77-31, 7-5-1977; Ord. No. 92-302, 12-16-1992; Ord. No. 98-209, 5-15-1998; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "R-M" Manufactured/Modular Residential District is to provide for well designed mobile home parks in areas where public utilities are available and to establish basic standards which will determine the character of this land use and its effect on surrounding properties.
B. 
Permitted Uses. A building or land in the "R-M" district shall be used only for the following purposes:
1. 
Mobile home parks.
2. 
Public buildings, parks and open space.
3. 
Places of worship.
4. 
Public and private schools.
5. 
Placement of a telecommunication antenna on an existing telecommunication tower (co-location) where no expansion or enlargement of the existing tower enclosure is required.
6. 
Shipping container homes.
[Ord. No. 16-266 §3, 12-20-2016]
C. 
Permitted Accessory Uses. The following accessory uses are permitted in the "R-M" district:
1. 
For mobile home parks. Management headquarters, recreational facilities, community building including toilets, showers, laundry facilities, vending machines and other uses and structures customarily incidental to the operation of a mobile home park.
2. 
For individual mobile home lots.
a. 
Porches within side yard setback requirements.
b. 
Storage buildings in conformance with Section 400.530.
c. 
Home occupations.
D. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "R-M" district:
1. 
Minimum lot area:
a. 
Mobile home park: 8 acres.
b. 
Individual lot: 5,000 square feet.
2. 
Minimum lot width at building line:
a. 
Mobile home park: 200 feet.
b. 
Individual lot: 45 feet.
3. 
Minimum street frontage: 25 feet.
4. 
Minimum lot depth:
a. 
Mobile home park: 200 feet.
b. 
Individual lot: 110 feet.
5. 
Minimum setback requirements measured from the mobile home to the lot line:
a. 
Front yard setback:
(1) 
Public street or road: 30 feet.
(2) 
Interior access drive: 10 feet.
b. 
Side yard setback: 6 feet.
c. 
Rear yard setback: 25 feet.
d. 
No more than one (1) mobile home shall be located on any one (1) lot.
6. 
Minimum distance between manufactured/ modular/mobile homes: 10 feet.
7. 
Maximum lot coverage. Each mobile home dwelling, including all accessory buildings, garages and porches, shall cover no more than fifty percent (50%) of each dwelling site or lot.
8. 
Public utilities.
a. 
The mobile home park shall comply with all sanitary and other requirements prescribed by law or regulation.
b. 
All utility lines shall be underground including electrical wiring and telephone lines.
c. 
Each mobile home lot shall be provided with electrical outlets installed in accordance with applicable codes and regulations.
d. 
Each mobile home lot shall be provided with individual water and sewer connections to public water and sewer systems.
9. 
Mobile home park expansion. No existing mobile home park shall be enlarged or extended:
a. 
When such park does not meet the applicable health or safety requirements.
b. 
Where such park is in violation of regulations and standards regarding sewage treatment or discharge, pollution or water quality.
c. 
Unless such extension conforms to these regulations.
10. 
Protective screening. Mobile home parks shall be surrounded by a landscaped or wooded strip of open space at least twenty-five (25) feet wide along all exterior lot lines or street frontages. The rear yard setback requirements may be used for partial fulfillment of the protective screening requirements.
11. 
Open space. Open space accessible to all mobile home occupants and suitable for use as a recreational land area shall be provided within the mobile home park at a ratio of three hundred (300) square feet per mobile home lot with a minimum of seven thousand five hundred (7,500) square feet per mobile home park.
12. 
Off-street parking and loading.
a. 
A minimum of two (2) paved off-street parking spaces shall be provided for each mobile home lot.
b. 
Additional requirements are contained in Sections 400.660 et seq.
13. 
Mobile home park access and interior circulation.
a. 
Access to the mobile home park or subdivision shall be from a collector or arterial street.
b. 
The number and location of access drives shall be controlled for traffic safety and protection of surrounding properties.
c. 
No individual lot shall have direct access to a street outside the boundaries of the park.
d. 
Interior access drives shall be properly lighted.
e. 
Interior access drives and through or collector streets shall be in compliance with the standards of the subdivision regulations. Installations to discourage speeding through the park shall be approved by the Public Works Department.
14. 
Mobile home structures.
a. 
All mobile homes shall be securely tied down. Tie downs shall meet the specifications and requirements of the City and the State.
b. 
It shall be the responsibility of the mobile home park owner or operator to insure that the tie down regulation is complied with as provided for by the City or State Statutes.
c. 
Underskirting for all mobile homes shall be installed to completely enclose all areas directly under the mobile home.
15. 
Protective screening of solid waste facilities. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[1]
Cross References—As to penalty, §400.1890; as to mobile homes and mobile home parks, ch. 415.

Section 400.190 "O-I" Office Institution District. [1]

[R.O. 2009 §156.030; CC 1981 §30-32; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 85-46, 5-8-1985; Ord. No. 90-188, 7-18-1990; Ord. No. 96-327, 11-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-113, 6-8-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 06-357, 12-20-2006; Ord. No. 09-227, 12-10-2009; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §4, 2-4-2011; Ord. No. 11-41 §1, 3-16-2011; Ord. No. 11-106 §1, 6-9-2011; Ord. No. 12-165 §2, 9-28-2012; Ord. No. 12-231 §1, 12-6-2012]
A. 
Purpose. The purpose of the "O-I" Office Institution District is to provide for the development of certain low intensity business and professional offices. The district will insure compatible uses of commercial and adjacent residential districts by serving as a transitional area, generating a light vehicular and pedestrian traffic flow.
B. 
Permitted Uses. All uses in the "O-I" district are restricted to low intensity, light traffic-generating businesses and offices and for the following purposes:
1. 
Uses permitted in any "R-1" or "R-2" district except single-family or two-family residences.
2. 
Accounting and auditing agencies.
3. 
Banks and savings and loan associations without drive-up service.
4. 
Congregate Care Facilities.
5. 
Data processing centers.
6. 
Day care facilities or adult day care facilities.
7. 
Institutions, art galleries and museums.
8. 
Insurance agencies and services.
9. 
Investment agencies and services.
10. 
Business, medical and professional offices.
11. 
Public and governmental buildings and offices.
12. 
Public and private libraries.
13. 
Hospital and orphanages, subject to the requirements of Section 400.440.
14. 
Public parks and open spaces.
15. 
Real estate agencies and services.
16. 
Title companies.
17. 
Institutions of higher education including classroom buildings, dormitories, gymnasiums and other uses incidental to the operation of an institution of higher education.
18. 
Out-patient counseling services.
19. 
Senior housing facilities, provided that such facilities are offered on the same lot as a Congregate Care Facility as defined within this Chapter.
[Ord. No. 15-069 §3, 4-21-2015]
C. 
Accessory Uses. The following uses are permitted when associated with and directly accessory to a permitted use:
1. 
Flower shops.
2. 
Card, stationery shops, specialty shops or gift shops and boutiques.
3. 
Pharmacies.
4. 
Coffee shops.
5. 
Opticians.
6. 
Bookstores.
7. 
Travel bureaus and ticket offices.
D. 
Conditional Uses.
1. 
The following uses may be permitted in the "O-I" district as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Boardinghouse.
b. 
Halfway house subject to the following as may be modified through the conditional use process:
(1) 
One (1) parking space for every four (4) residents including staff residents.
(2) 
No exterior evidence of such use and no sign advertising the use.
(3) 
At the time of original approval, no facility shall be located within five hundred (500) feet of another such facility, group living arrangement, congregate care facility, day care home or facility, residential district or use, hotel or motel, boardinghouse or guest house. The City Council shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, major waterway or other comparable barrier.
(4) 
The applicant shall demonstrate that there is no negative impact property within five hundred (500) feet of the proposed facility.
(5) 
The original permit shall be limited to a one (1) year period, but may be renewed thereafter for two (2) year periods by the City Council. Renewals may be granted only after a public hearing.
c. 
Halfway house for juvenile offenders subject to the following as may be modified through the conditional use process:
(1) 
No exterior evidence of such use and no sign advertising the use.
(2) 
At the time of original approval, no facility shall be located within five hundred (500) feet of another such facility, group living arrangement, congregate care facility, day care home or facility, residential district or use, hotel or motel, boardinghouse or guest house. The City Council shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, major waterway or other comparable barrier.
(3) 
The applicant shall demonstrate that there is no negative impact property within five hundred (500) feet of the proposed facility.
(4) 
The original permit shall be limited to a one (1) year period, but may be renewed thereafter for two (2) year periods by the City Council. Renewals may be granted only after a public hearing.
d. 
Guest house.
e. 
Fraternity or sorority houses.
f. 
Telecommunication towers, antennas attached to structures, or placement of a telecommunication antenna on an existing tower (co-location) where an expansion or enlargement of the existing tower enclosure is required.
g. 
Warming and cooling centers when accessory to a church or other place of worship. Occupancy limits for a warming and cooling center shall be determined by the Building Code Official and Fire Marshal.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
E. 
Design Standards. (See Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "O-I" district:
1. 
Minimum lot area: 7,500 square feet.
2. 
Minimum lot width at the building line: 0.
3. 
Minimum lot depth: 0.
4. 
Maximum lot coverage: 40%.
5. 
Maximum height of building: 2½ stories or 35 feet.
Maximum height of building may be increased to ten (10) stories or one hundred forty (140) feet on a campus of an institution of higher learning by the provision of an additional five (5) feet of setback from all exterior property lines for each additional story and upon review and approval by the Planning and Zoning Commission.
"GPRS" bonus:
All tiers: 3 stories or 45 feet, except when adjoining a residential zoning district.
6. 
Minimum setback requirements measured from building line to property line:
a. 
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b. 
Side yard setback: 0, except 15 feet when adjoining residential zoning district.
c. 
Rear yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet, except when adjoining a residential zoning district.
7. 
Minimum floor area in square feet: None.
8. 
Public utilities. Requirements are contained in Section 400.610.
9. 
Off-street parking and loading:
a. 
No parking shall be permitted in a required front yard.
b. 
Additional requirements are contained in Sections 400.660 et seq.
10. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b. 
Where an "O-I" Zoning District adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifteen (15) feet in width shall be provided and maintained along the appropriate property line by the users of the "O-I" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The fifteen (15) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (commercial side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
c. 
Outdoor storage. All permitted and conditional uses shall be conducted within a completely enclosed building with no open storage.
11. 
Landscaping. The required front yard shall be planted with trees, shrubs or well-kept lawn.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.200 "HCD" Historic Commercial District.

[R.O. 2009 §156.031; Ord. No. 96-40, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-84 §1, 5-24-2012; Ord. No. 12-244 §1, 12-19-2012]
A. 
Purpose. The purpose of the "HCD" Historic Commercial District is to provide for a low intensity restricted mixture of retail shopping, personal service, residential and lodging uses on a comparatively small scale and to preserve historic areas of Saint Charles for future generations and for historic area residents while preserving the integrity of historic areas. It seeks to encourage the growth of historic and cultural activities and events, but discourages events or activities that may misuse historic areas. It is intended to foster and complement the community's tourist industry.
B. 
Permitted Uses.
1. 
Accounting and auditing agencies.
2. 
Antique shops.
3. 
Bakeries or bake shops.
4. 
Banks, savings and loan associations, but not drive-in or outside automatic teller machines.
5. 
Barbershops, beauty parlors.
6. 
Bicycle sales and repair shops.
7. 
Custom dressmaking or tailoring shops.
8. 
Data processing centers.
9. 
Delicatessen businesses.
10. 
Hobby shops or craft shops.
11. 
Art galleries and museums.
12. 
Insurance agencies and services.
13. 
Investment agencies and services.
14. 
Patio and garden shops, retail greenhouses.
15. 
Professional offices exemplified by, but not limited to, those of lawyers, doctors, architects and engineers.
16. 
Shops for the sale, service or repair of home appliances, shoes, jewelry, stereos, televisions and radios.
17. 
Public or governmental offices.
18. 
Public and private libraries.
19. 
Public parks and open spaces.
20. 
Real estate agencies and services.
21. 
Restaurants, but not drive-in.
22. 
Stores or shops for the conduct of retail business including the sale of books, cards, carpets, clothing, drugs, fabrics, flowers, food, furniture, garden supplies, gifts, groceries, hardware, home appliances, jewelry, musical instruments and records, office supplies and merchandise, optics, paint, shoes, sporting goods, stationery, stereos, televisions and radios, tobacco and similar stores and shops.
23. 
Specialty shops, boutiques, coffee shops and tea rooms.
24. 
Travel bureaus and ticket offices.
25. 
Studios for artists, photographers, teachers, sculptors, musicians or graphic designers.
26. 
Title companies.
27. 
Single-family dwellings and apartments with a maximum density of eighteen (18) units per acre.
28. 
Bed and breakfast establishments, with each guest room having its own independent bath facilities.
29. 
Wineries.
30. 
Printing, publishing and engraving.
31. 
Placement of a telecommunication antenna on an existing telecommunication tower (co-location) where no expansion or enlargement of the existing tower enclosure is required.
C. 
Conditional Uses.
1. 
The following uses may be permitted in the "HC" district as a conditional use, if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Parking lots not accessory to a principal structure and approved through a site plan or parking lots for public use for compensation.
b. 
Small manufacturing establishments which produce the following products principally by hand or hand tools:
(1) 
Horseshoes,
(2) 
Blown glass,
(3) 
Ceramics,
(4) 
Lead glass,
(5) 
Leather goods,
(6) 
Woodworks,
(7) 
Candles,
(8) 
Wrought iron,
(9) 
Wooden staved barrels,
(10) 
Rope,
(11) 
Hand tools,
(12) 
Metal utensils,
(13) 
Rugs,
(14) 
Ice cream,
(15) 
Candy,
(16) 
Beer,
(17) 
Wine,
(18) 
Tobacco or similar products, and
(19) 
Any manufacturing establishment regulated by license.
c. 
Live performance theater, inside only.
d. 
Auditorium or lecture hall.
e. 
Multi-family dwellings with more than eighteen (18) units per acre.
f. 
Telecommunication towers, antennas attached to structures, or placement of a telecommunication antenna on an existing tower (co-location) where an expansion or enlargement of the existing tower enclosure is required. Telecommunication towers shall be located only on property that is a non-residential use.
g. 
Banquet centers and meetings facilities.
h. 
Guest house.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
D. 
Design Standards. (See Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "HC" district:
1. 
Minimum lot area: 7,500 square feet.
2. 
Minimum lot width at the building line: None.
3. 
Minimum lot depth: None.
4. 
Maximum height of building: 2½ stories or 35 feet.
5. 
Minimum setback requirements measured from the building line to the property line:
a. 
Front yard setback: 10 feet.
b. 
Side yard setback: 10 feet only when abutting a residential district.
c. 
Rear yard setback: 30 feet.
6. 
Maximum floor area: 5,000 square feet per establishment.
7. 
Public utilities. Requirements are contained in Section 400.610.
8. 
Off-street parking and loading.
a. 
For all existing buildings, the off-street parking and loading requirements are waived for approved uses.
b. 
All new construction shall provide one-half (½) of the parking and loading requirements contained in Sections 400.660 et seq.
c. 
All new construction that exceeds the maximum height requirements shall provide one hundred percent (100%) of the parking and loading requirements contained in Sections 400.660 et. seq.
9. 
Metal clad buildings are prohibited.
10. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
b. 
Where an "HC" district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifteen (15) feet in width shall be provided and maintained along the appropriate property line by the users of the "HC" district property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the timeof installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in healthy growing condition and be neat and orderly in appearance. The fifteen (15) foot greenbelt shall not be used for off-street parking facilities or for loading space. Along the inner side (the commercial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.

Section 400.210 "C-1" Neighborhood Business District.

[R.O. 2009 §156.032; CC 1981 §30-33; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-188, 7-18-1990; Ord. No. 93-218, 9-22-1993; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-111, 6-8-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 04-176, 8-4-2004; Ord. No. 05-319, 12-22-2005; Ord. No. 09-227, 12-10-2009; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §2, 6-9-2011]
A. 
Purpose. The purpose of the "C-1" Neighborhood Business District is to provide primarily for a restricted mixture of retail shopping, personal service, and residential uses, on a comparatively small scale, to be developed either as a unit or in individual parcels and to serve the needs of a relatively small area, primarily nearby residential neighborhoods.
B. 
Permitted Uses. A building or land in the "C-1" district shall be used only for the following purposes:
1. 
One (1) dwelling unit may be permitted on the second (2nd) floor or above.
2. 
Accounting and auditing agencies.
3. 
Antique shops with no outside display or storage.
4. 
Bakeries or bake shops.
5. 
Banks and savings and loan associations.
6. 
Barber shops, beauty parlors and day spas. All persons practicing massage in a day spa shall be licensed pursuant to Chapter 660 of this Code.
7. 
Bicycle sales and repair shops.
8. 
Custom dressmaking or tailoring shops.
9. 
Data processing centers.
10. 
Day care facilities.
11. 
Delicatessen businesses.
12. 
Hobby shops or craft shops.
13. 
Institutions, art galleries and museums.
14. 
Insurance agencies and services.
15. 
Investment agencies and services.
16. 
Places of worship.
17. 
Public and governmental buildings and offices.
18. 
Public and private libraries.
19. 
Public parks and open spaces.
20. 
Real estate agencies and services.
21. 
Restaurants, but not drive-in restaurants.
22. 
Stores or shops for the conduct of retail business including sale of books, carpets, clothing, drugs, fabrics, flowers, food, furniture, gifts, garden supplies, groceries, hardware, musical instruments and records, office supplies, paint, sporting goods, stationery, tobacco and similar stores and shops.
23. 
Studios for artists, photographers, teachers, sculptors or musicians.
24. 
Temples and meeting facilities for fraternal, religious, masonic and philanthropic clubs and organizations.
25. 
Theaters, but not drive-in.
26. 
Title companies.
27. 
Neighborhood health and fitness center.
28. 
Placement of a telecommunication antenna on an existing telecommunication tower (co-location) where no expansion or enlargement of the existing tower enclosure is required.
29. 
Business, medical and professional offices.
C. 
Conditional Uses.
1. 
The following uses may be permitted in the "C-1" district as a conditional use if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Any conditional use in the "O-I" Office Institution District unless otherwise permitted by the "C-1" district.
b. 
Small manufacturing establishment which produces the following products principally by hand or hand tools:
(1) 
Horseshoes,
(2) 
Blown glass,
(3) 
Ceramic,
(4) 
Lead glass,
(5) 
Leather goods,
(6) 
Woodwork,
(7) 
Candles,
(8) 
Wrought iron,
(9) 
Wooden staved barrels,
(10) 
Rope,
(11) 
Hand tools,
(12) 
Metal utensils, or
(13) 
Rugs and similar products.
c. 
Temporary shelters subject to the following standards as may be modified through the conditional use process:
(1) 
An application for a conditional use permit for a temporary shelter shall include information about the size and design of the structure, population groups served, length of stay permitted, maximum design capacity and support services provided. These items shall be used to determine if the facility is in conformance with the character of the adjacent area.
(2) 
A temporary shelter shall not be located within one thousand (1,000) feet of another temporary shelter.
(3) 
The minimum lot area for a temporary shelter shall be seven thousand five hundred (7,500) square feet. If a proposed temporary shelter structure is larger than two thousand five hundred (2,500) square feet of gross floor area, there shall be provided an additional one thousand five hundred (1,500) square feet of lot area for each additional five hundred (500) square feet of gross floor area within the structure.
(4) 
The shelter shall submit a semi-annual report to the Department of Community Development stating maximum monthly occupancy level and support services provided by the shelter.
d. 
Garages for public parking.
e. 
Bed and breakfast establishments.
f. 
Nurseries for growing plants, trees, shrubs.
g. 
Parking lots or garages not accessory to a principal structure and approved through a site plan or parking lots or garages for public use for compensation.
h. 
Any of the uses listed as permitted, which are greater in height than two and one-half (2½) stories or thirty-five (35) feet and/or greater than three thousand (3,000) square feet of maximum floor area per establishment.
i. 
Pet adoption centers with no more than one (1) open pen or run at least three hundred (300) feet from a residential district. The City Council shall impose any conditions it deems appropriate for protection of adjoining properties from noise and odor which may include, but are not limited to, requiring berms, walls, plantings.
j. 
Hospitals or clinics for small animals, dogs, cats, birds and the like; provided that such hospital or clinic and any treatment rooms, cages, pens or kennels be maintained within a completely enclosed, sound-proof building and that such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls.
k. 
Laundromats or self-service dry cleaning establishments, laundries and dry cleaning or pressing pickup stations. No cleaning fluid considered hazardous, in the judgment of the Fire Chief, shall be used.
l. 
Pet shops or dog beauty parlors; provided that any work rooms, cages, pens or kennels be maintained within a completely enclosed, sound-proof building and that such shop or parlor be operated in such a way as to produce no objectionable noises or odors outside its walls.
m. 
In-vehicle sales or service.
Description. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations and all forms of car washes.
(1) 
Conditional use regulations.
(a) 
Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).
(b) 
The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.
(c) 
In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this Section.
(d) 
The setback of any overhead canopy or similar structure shall be a minimum of ten (10) feet from all street rights-of-way lines, a minimum of twenty (20) feet from all residentially zoned property lines and shall be a minimum of five (5) feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed twenty (20) feet as measured to the highest part of the structure. The setback requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of said setback will cause an undue burden on the ability to effectively use the property.
(e) 
All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four (4) ton axle load.
(f) 
Facility shall provide a minimum six (6) foot high solid, earthtone color vinyl fence with a combination of shrubs (eighteen (18) inches to twenty-four (24) inches tall or three (3) feet to four (4) feet wide at the time of planting), understory trees (six (6) feet to eight (8) feet tall at the time of planting) and canopy trees (two and one-half (2½) inches to three (3) inches caliper at the time of planting) as recommended by the Planning and Zoning Commission and approved by the City Council along all borders of the property directly abutting a residentially zoned property. These requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the ability to effectively use the property.
(g) 
Interior curbs shall be used to separate driving area from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. The curbs shall be a minimum of six (6) inches high and be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than twenty-five (25) feet to any property line. The setback requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the ability to effectively use the property.
(h) 
Outdoor storage uses (including the outdoor storage of vehicles or vehicles for sale) shall be prohibited on the same property.
(i) 
Automobile service stations must meet the requirements contained in Section 400.410.
n. 
Vacant lots at least one (1) acre in size may be utilized for cultivation of field crops, orchards or groves or nurseries for growing or propagation of plants, turf, trees and shrubs.
o. 
Temporary enclosures.
[Ord. No. 15-040 §2 2-17-2015]
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
D. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "C-1" district:
1. 
Minimum lot area: 7,500 square feet.
2. 
Minimum lot width at the building line: None.
3. 
Minimum lot depth: None.
4. 
Maximum height of building: 2½ stories or 35 feet.
"GPRS" bonus:
All tiers: 3 stories or 45 feet, except when adjoining a residential zoning district.
5. 
Minimum setback requirements measured from the building line to the property line:
a. 
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b. 
Side yard setback: None, except 15 feet when abutting a residential district
c. 
Rear yard setback: 25 feet.
"GPRS" bonus:
All tiers: None, except 25 feet when abutting a residential district.
6. 
Maximum floor area: 3,000 square feet per establishment.
"GPRS" bonus:
Tiers 1 and 2: 4,500 square feet.
Tier 3: 6,000 square feet.
7. 
Public utilities. Requirements are contained in Section 400.610.
8. 
Off-street parking and loading.
a. 
No parking shall be permitted in a required front yard.
b. 
Additional requirements for off-street parking and loading are contained in Sections 400.660 et seq.
9. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b. 
Where a "C-1" zoning district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifteen (15) feet in width shall be provided and maintained along the appropriate property line by the users of the "C-1" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The fifteen (15) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (the commercial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
c. 
Outdoor storage. All permitted and conditional uses shall be conducted within a completely enclosed building with no open storage.

Section 400.220 "C-2" General Business District. [1]

[R.O. 2009 §156.033; CC 1981 §30-34; Ord. No. 77-31, 7-5-1977; Ord. No. 79-38, 5-2-1979; Ord. No. 79-85, 8-29-1979; Ord. No. 82-29, 4-21-1982; Ord. No. 89-36, 2-23-1989; Ord. No. 90-188, 7-18-1990; Ord. No. 91-115, 6-4-1991; Ord. No. 94-230, 9-7-1994; Ord. No. 96-46, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-288, 8-17-1999; Ord. No. 00-78, 4-5-2000; Ord. No. 01-71, 4-18-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 04-176, 8-4-2004; Ord. No. 05-65, 3-7-2005; Ord. No. 06-273, 9-27-2006; Ord. No. 06-357, 12-20-2006; Ord. No. 08-123, 6-18-2008; Ord. No. 09-47, 3-20-2009; Ord. No. 09-227, 12-10-2009; Ord. No. 10-115 §1, 6-9-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §3, 6-9-2011]
A. 
Purpose. The purpose of the "C-2" General Business District is to provide sufficient space in appropriate locations for a variety of commercial and service activities generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by warehousing, frequent heavy trucking activity, open storage of material or the nuisance factors of dust, odor and noise associated with manufacturing.
B. 
Permitted Uses. A building or land in a "C-2" district shall be used only for the following purposes:
1. 
Any use permitted in the "O-I" Office Institution District or "C-1" Neighborhood Business District.
2. 
One (1) dwelling unit is permitted above the first (1st) floor.
3. 
Ambulance services, public or private.
4. 
Amusement places including dance halls, subject to applicable City regulations, arcades and similar activities.
5. 
Archery ranges, provided that such range is approved by the Chief of Police.
6. 
Auto parts store for sale of auto accessories and parts; outside storage shall be prohibited.
7. 
Bowling alleys.
8. 
Building contractor establishment; outside storage shall be prohibited.
9. 
Bus stations.
10. 
Catering establishments.
11. 
Clothing stores and costume rental stores.
12. 
Department and discount stores, provided an associated storage/warehouse area utilizes not more than forty percent (40%) of the gross floor area.
13. 
Exterminators; outside storage of chemicals shall be prohibited.
14. 
Furniture and large appliance stores, provided an associated storage/warehouse area utilizes not more than forty percent (40%) of the gross floor area.
15. 
Golf driving ranges.
16. 
Gymnasiums, fitness centers and health spas.
17. 
Hotels, motels or motor lodges, bed and breakfast establishments and inns.
18. 
Mortician business or mortuary.
19. 
Office or business machines, sale, service or rental.
20. 
Patio, garden shops and retail greenhouse.
21. 
Printing, publishing and engraving establishments limited to five thousand (5,000) square feet of floor area.
22. 
Recreational activities including skating rinks, swimming pools, miniature golf and similar activities.
23. 
Restaurants.
24. 
Theaters, but not drive-in theaters, auditoriums, lecture halls.
25. 
Wholesale establishments with warehousing comprising not more than forty percent (40%) of the gross floor area per establishment.
26. 
Laundry, dyeing and dry cleaning establishments are permitted, provided that all business of such an establishment is conducted inside the building (except for drive-up windows) and that no odors, dust or unreasonable noises are admitted the surrounding area and that only non-flammable chemicals are used and that such an establishment is approved by the Fire Department.
27. 
Photographic or blueprint processing, provided that said premises used for these purposes does not exceed five thousand (5,000) square feet.
28. 
Plumbing, heating and air-conditioning shop, upholstering shop (not involving furniture manufacture), appliance repairs and general service and repair establishments similar in character to those listed in this item. No outside storage of material is permitted.
29. 
Equipment rental and leasing services including lawn mower, yard and garden equipment, trailers (not mobile homes) and other such items, provided storage is within a completely enclosed building unless otherwise allowed through the conditional use process.
30. 
Banquet centers and meeting facilities.
31. 
Schools for industrial training, trade or business.
32. 
Retail establishments not otherwise requiring conditional use permit approval where twenty-five percent (25%) or less of inventory is secondhand, used or consignment goods.
33. 
Motor vehicle service and repair, motor vehicle body and fender repair and motor vehicle spray painting when located in a building that was designed and constructed for such uses. Permitted uses shall include all uses which perform maintenance and repair service to motor vehicles of any type. All operations, including equipment, materials and damaged motor vehicles, shall be contained within an enclosed building unless performed behind a screened area as provided in Subsection (D)(10)(b) below. Wrecked, disabled or inoperable motor vehicles shall not be stored anywhere on the property for more than thirty (30) days. Examples of permitted uses are tire repair and replacement, motor vehicle engine repair, muffler shops, body shops and motor vehicle paint shops.
C. 
Conditional Uses.
1. 
The following uses may be permitted in the "C-2" district as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Any conditional use permitted in the "C-1" Neighborhood Business District unless otherwise permitted by the "C-2" district.
b. 
Painting shop.
c. 
Lumber and building materials store, but not a lumberyard.
d. 
Mortuary and monument sales establishments with outdoor storage or display.
e. 
Motor vehicle service and repair, motor vehicle body and fender repair and motor vehicle spray painting when located in a building that was designed and constructed for any other purpose. Conditional uses shall include all uses which perform maintenance and repair service to motor vehicles of any type. All operations, including equipment, materials and damaged motor vehicles, shall be contained within an enclosed building unless performed behind a screened area as provided in Subsection (D)(10)(b) below. Wrecked, disabled or inoperable motor vehicles shall not be stored anywhere on the property for more than thirty (30) days. Examples of conditional uses are tire repair and replacement, motor vehicle engine repair, muffler shops, body shops and motor vehicle paint shops.
(1) 
Conditional use regulations.
(a) 
The setback of any overhead canopy or similar structure shall be a minimum of ten (10) feet from all street rights-of-way lines, a minimum of twenty (20) feet from all residentially zoned property lines and shall be a minimum of five (5) feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed twenty (20) feet as measured to the highest part of the structure. The setback requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of said setback will cause an undue burden on the ability to effectively use the property.
(b) 
All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four (4) ton axle load.
(c) 
Facility shall provide a minimum six (6) foot high solid, earthtone color vinyl fence with a combination of shrubs (eighteen (18) inches to twenty-four (24) inches tall or three (3) feet to four (4) feet wide at the time of planting), understory trees (six (6) feet to eight (8) feet tall at the time of planting) and canopy trees (two and one-half (2½) inches to three (3) inches caliper at the time of planting) as recommended by the Planning and Zoning Commission and approved by the City Council along all borders of the property directly abutting a residentially zoned property. These requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the ability to effectively use the property.
f. 
Parking lots or garages not accessory to a principal structure and approved through a site plan or parking lots or garages for public use for compensation.
g. 
Secondhand sales.
h. 
Free food distribution.
i. 
Taverns, bars, cocktail lounges, microbrewery.
(1) 
Conditional use regulations. Due to the potential negative secondary effects of the location and operations of establishments that predominantly sell intoxicating beverages, the City Council may place additional regulations on a tavern, bar, cocktail lounge or microbrewery to reduce or eliminate these effects.
j. 
Indoor firearm ranges.
(1) 
Conditional use regulations.
(a) 
An indoor firearm range facility must be designed to offer a completely controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use.
(b) 
Noise levels at the nearest residential property line to an indoor firearm range shall not exceed thirty-five (35) decibels.
(c) 
Noise levels at the nearest commercial property line to an indoor firearm range shall not exceed forty-five (45) decibels.
(d) 
An indoor firearm range shall not operate between the hours of 10:00 P.M. and 7:00 A.M.
(e) 
An indoor firearm range must be authorized in writing by the Chief of Police and Building Code Official.
(f) 
The construction and operation of an indoor firearm range must comply with all State and Federal regulations.
k. 
Motor vehicle sales and rentals, new and used and temporary motor vehicle storage.
l. 
Taxicab stations and stands.
m. 
Taxidermy.
[Ord. No. 14-113 §1, 5-20-2014]
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
D. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "C-2" district:
1. 
Minimum lot area: 10,000 square feet.
2. 
Minimum lot width at the building line: None.
3. 
Minimum lot depth: None.
4. 
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining a residential zoning district
5. 
Minimum setbacks measured from building line to property line:
a. 
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b. 
Side yard setback: None, except 20 feet when abutting a residential district.
"GPRS" bonus:
All tiers: None, except 20 feet when abutting a residential district.
c. 
Rear yard setback: None, except twenty (20) feet when abutting a residential district.
"GPRS" bonus:
All tiers: None, except twenty (20) feet when abutting a residential district.
6. 
Maximum floor area in square feet: None.
7. 
Public utilities. Requirements are contained in Section 400.610.
8. 
Off-street parking and loading.
a. 
No parking shall be permitted in a required front yard.
b. 
Additional requirements are contained in Sections 400.660 et seq.
9. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b. 
Where a "C-2" zoning district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least twenty (20) feet in width shall be provided and maintained along the appropriate property line by the users of the "C-2" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The twenty (20) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (the commercial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
c. 
Outdoor storage. All permitted and conditional uses shall be conducted within a completely enclosed building with no open storage, unless screened from the street, adjacent properties or any residential district by fences or walls as approved by the Planning and Zoning Commission.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.230 "C-3" Highway Business District. [1]

[R.O. 2009 §156.034; CC 1981 §30-35; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-20-1982; Ord. No. 88-252, 12-22-1988; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord. No. 99-288, 8-17-1999; Ord. No. 00-78, 4-5-2000; Ord. No. 01-71, 4-18-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 03-64, 3-28-2003; Ord. No. 04-176, 8-4-2004; Ord. No. 08-123, 6-18-2008; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §4, 6-9-2011]
A. 
Purpose. The "C-3" Highway Business District is intended to be one which permits all types of commercial activity: retailing, wholesaling, warehousing, provision of personal and business services and entertainment.
B. 
Permitted Uses. A building or land in the "C-3" district shall be used only for the following purposes:
1. 
Any use permitted in the "C-2" General Business District.
2. 
Animal hospital or kennel with any open pens at least two hundred (200) feet from a residential district.
3. 
Painting shops and bottling works.
4. 
Lumber and building materials stores, but not a lumberyard.
5. 
Mini-warehouses including living quarters or dwellings for resident watchmen and caretakers employed on the premises.
6. 
Mortuary and monument sales establishments with or without outdoor storage or display.
7. 
Nurseries for growing plants, trees, shrubs.
8. 
Printing, publishing and engraving establishments.
9. 
Wholesale establishment, truck terminal or warehouse not in excess of fifteen thousand (15,000) square feet of floor area.
10. 
Radio and television stations and studios or recording studios, subject to the provisions of Section 400.470.
11. 
Retail establishments with eight thousand (8,000) square feet or less with either secondhand, used or consignment inventory. Retail establishments greater than eight thousand (8,000) square feet provided twenty-five percent (25%) or less of inventory is secondhand, used or consignment goods.
C. 
Conditional Uses.
1. 
The following uses may be permitted in the "C-3" District as a conditional use if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Any conditional use permitted in the "C-2" district unless permitted by the "C-3" district.
b. 
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building associated with a retail business, but not manufacturing or processing.
c. 
Material storage yards, in connection with a permitted use, where storage is incidental to the approved occupancy of the building, provided all products and materials used or stored are enclosed by a masonry wall, sight-proof fence or hedge not less than six (6) feet in height. Storage of motor vehicles and trucks used in connection with the permitted trade or business is permitted within the walls or screen, but not including storage of heavy equipment, such as road building or excavating equipment.
d. 
Sale or storage of stone products, sand and gravel, but not crushing or grinding.
e. 
Welding or soldering shops.
f. 
Agricultural or farm implements for sale, storage or repair.
g. 
Boat and boat trailer, repair, sales and storage.
h. 
Mobile home sales, display and storage or sales, display and storage of travel trailers and campers, provided that all units shall be in usable condition, none shall be placed in a required front yard, the minimum parcel area shall be one-half (½) acre, the storage area shall be separated from the display areas by a continuous visual screen with a minimum height of eight (8) feet, such screen consisting of a compact evergreen hedge or foliage screening or louvered fence or masonry wall.
i. 
Truck stop.
j. 
Bus terminal.
k. 
More than one (1) dwelling unit above the ground floor up to a maximum of eighteen (18) units per acre.
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
D. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "C-3" district:
1. 
Minimum lot area: 10,000 square feet.
2. 
Minimum lot width at the building line: None.
3. 
Minimum lot depth: None.
4. 
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining residential zoning district.
5. 
Minimum setback requirements measured from building line to property line:
a. 
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b. 
Side yard setback: None, except 25 feet when abutting a residential district.
"GPRS" bonus:
All tiers: None, except 25 feet when abutting a residential district.
c. 
Rear yard setback: None, except 25 feet when abutting a residential district.
"GPRS" bonus:
All tiers: None, except 25 feet when abutting a residential district.
6. 
Maximum floor area in square feet: None.
7. 
Public utilities. Requirements are contained in Section 400.610.
8. 
Off-street parking and loading.
a. 
No parking shall be permitted in a required front yard.
b. 
Additional requirements for off-street parking and loading are contained in Sections 400.660 et seq.
9. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b. 
Where a "C-3" zoning district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least twenty-five (25) feet in width shall be provided and maintained along the appropriate property line by the users of the "C-3" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district.
Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The twenty-five (25) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (the commercial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
c. 
Outdoor storage. All permitted and conditional uses shall be conducted within a completely enclosed building with no open storage, unless screened from the street, adjacent properties or any residential district by fences or walls as approved by the Planning and Zoning Commission.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.240 "I-1" Light Industrial District. [1]

[R.O. 2009 §156.035; CC 1981 §30-37; Ord. No. 77-31, 7-5-1977; Ord. No. 77-56, 10-26-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-163, 6-21-1990; Ord. No. 90-188, 7-18-1990; Ord. No. 91-26, 2-7-1991; Ord. No. 93-26, 2-26-1993; Ord. No. 93-129, 6-9-1993; Ord. No. 95-280, 10-18-1995; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 04-176, 8-4-2004; Ord. No. 04-216, 9-10-2004; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §5, 6-9-2011; Ord. No. 12-245 §1, 12-19-2012]
A. 
Purpose. The purpose of the "I-1" Light Industrial District is to provide sufficient space in appropriate locations for certain types of business and manufacturing, relatively free from offense, on modern landscaped buildings sites, and to make available more attractive locations for these businesses and industries. In order to preserve the land for industry and to avoid future conflicts between industry and residence, future residential uses are restricted.
B. 
Permitted Uses. A building or land in the "I-1" district shall be used only for the following purposes:
1. 
Any use permitted in the "C-1", "C-2" and "C-3" districts, except dwellings other than permitted below.
2. 
Light manufacturing uses similar to those listed below, which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, dust, smoke, lint, odor, heat or glare than that which is generally associated with light industries of the types specifically permitted below:
a. 
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.
b. 
Manufacture or assembly of boats, bolts, nuts, screws, rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.
c. 
Beverage blending or bottling, bakery products, candy manufacture, dairy products and ice cream, fruit and vegetable processing and canning, but not distilling of beverages or slaughtering of poultry or animals, or processing or bulk storage of grain or feeds for animals or poultry.
d. 
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods.
e. 
Manufacture of boxes, furniture, cabinets, baskets and other wood products of similar nature.
f. 
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
3. 
Greenhouses, commercial, wholesale or retail.
4. 
Laboratories, research, experimental or testing, but not testing combustion engines or explosives.
5. 
Lumberyards, but not including planing and millwork.
6. 
Office and office buildings.
7. 
Photographic or blueprint processing.
8. 
Radio or television station with receiving-transmission tower.
9. 
Railroad spur tracks.
10. 
Outside storage of goods used in or produced by permitted commercial and industrial uses or related activities, subject to industrial performance standards.
11. 
Truck terminal.
12. 
Welding or soldering shops.
13. 
Wholesale merchandising or storage warehouses.
14. 
Dwellings for resident watchmen and caretakers employed on the premises.
15. 
Recycle operation for paper, glass, oil, metal but not salvage.
16. 
Aluminum extrusion, rolling, fabrication and forming.
17. 
Crematoria (cremation facilities), subject to meeting all requirements of State licensing regulations regarding cremation facilities and regarding clean air requirements.
18. 
Establishments for the rent, sale and repair of heavy machinery.
19. 
Food lockers, freezers, cold storage facilities.
20. 
Shipping container structures subject to site plan approval by the Planning and Zoning Commission.
[Ord. No. 16-266 §4, 12-20-2016]
C. 
Conditional Uses.
1. 
The following uses may be permitted in the "I-1" district as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
Any conditional use listed in the "C-3" district unless permitted by the "I-1" district.
b. 
Recreational facilities primarily for employees in the district.
c. 
Temporary shelters.
d. 
Recreational vehicle campgrounds.
e. 
The preparation of general purpose industrial commercial and household cleaning products and related chemicals (blending only).
f. 
Towing companies and impound lots.
g. 
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacturing or processing.
[Ord. No. 15-038 §1, 2-17-2015]
2. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
D. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "I-1" district:
1. 
Minimum lot area: 1 acre.
2. 
Minimum lot width at the building line: 150 feet.
3. 
Minimum lot depth: 200 feet.
4. 
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining a residential district.
5. 
Minimum setbacks measured from building line to property line:
a. 
No part of any building, accessory structure or sign shall be located closer than one hundred (100) feet to any residential district boundary.
"GPRS" bonus:
All tiers: No part of any building, accessory structure or signs shall be located closer than 75 feet to any residential district boundary.
b. 
The front yard setback is thirty-five (35) feet, except fifty (50) feet across street from residential district.
"GPRS" bonus:
Tiers 1 and 2: 30 feet.
Tier 3: 25 feet, except 50 feet across street from residential district.
c. 
The side yard setback is twenty-five (25) feet, except fifty (50) feet adjoining residential district.
"GPRS" bonus:
All tiers: 20 feet, except 50 feet when abutting a residential district.
d. 
The rear yard setback is thirty (30) feet, except fifty (50) feet adjoining residential district.
"GPRS" bonus:
All tiers: 25 feet, except 50 feet when abutting a residential district.
6. 
Maximum lot coverage: None.
7. 
Maximum floor area in square feet: None.
8. 
Public utilities. Requirements are contained in Section 400.610.
9. 
Off-street parking and loading.
a. 
No parking shall be permitted in a required front yard.
b. 
Loading operations shall be conducted at the side or rear of buildings. In the process of loading or unloading, no truck shall extend into any public or private drive or street used for traffic circulation.
c. 
Adequate parking and loading space shall be provided off the street for all employees and traffic to the building, if necessary in excess of the minimum requirements of Sections 400.660 et seq.
10. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
b. 
Where an "I-1" zoning district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifty (50) feet in width shall be provided and maintained along the appropriate property line by the users of the "I-1" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The fifty (50) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (the industrial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge of foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
11. 
Landscaping. The required front, side and rear yards shall be planted with trees and shrubs.
E. 
Industrial Performance Standards.
1. 
Compliance with standards. Any use or proposed use shall be operated so as to comply with the provisions of this Chapter. If it is deemed necessary by the Building Commissioner in order to determine compliance with these standards by any proposed or expansion of industry, the Commissioner may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or non-compliance with these performance standards and to advise how a proposed use or proposed expansion of a use can be brought into compliance with these performance standards. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the Building Commissioner and to the persons or firms of the use in question. In the event of inability to select a mutual consultant, the Planning and Zoning Commission shall select the consultant. The cost of the consultant's services shall be borne by the owner, firm or corporation requesting such use. No use lawfully established before October 25, 1977, shall be hereafter altered or modified so as to conflict with or further conflict with these performance standards.
2. 
Outdoor storage. All permitted and conditional uses shall be conducted within a completely enclosed building with no open storage of raw, in process, or finished material, and supplies or waste material, or finished or semi-finished products manufactured on the premises, unless screened from the street, or any residential or business district by fences or walls in accordance with these district regulations.
3. 
Noise. At no point on the boundary of a residential or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table:
Maximum Permitted Sound Levels (decibels)
Octave Band Frequency (cycles per second)
Along Residential District Boundaries
Along Business District Boundaries
0 to 75
67
75
75 to 150
65
70
150 to 300
59
63
300 to 600
52
57
600 to 1,200
46
52
1,200 to 2,400
40
45
2,400 to 4,800
34
40
Above 4,800
32
38
Note: Measurement is to be made at the boundary of the nearest residential or business area or at any other point along the boundary where the level is higher.
Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed, provided that such noises are capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this Chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (±2) decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, should be controlled so as not to become a nuisance to adjacent uses.
4. 
Smoke and particulate matter. The emission of smoke, dusts or any gaseous or particulate matter by any building in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited. Total emission of smoke, dusts and any gaseous or particulate matter shall be limited to the following:
a. 
Ringelmann requirements. All smoke and the emission of all other particulate matter in quantities sufficient to produce an opacity at any point greater than Ringelmann 3 shall be prohibited. The only exception shall be a plume consisting entirely of condensed steam. A Ringelmann 1 unit is defined as twenty percent (20%) density for one (1) minute. No more than fifteen (15) units of Ringelmann smoke shall be permitted per hour and no smoke more intense than Ringelmann 2, except that during one (1) hour of a twenty-four (24) hour day, thirty (30) units of smoke may be emitted, but with no smoke more intense than Ringelmann 3 as shown on the Ringelmann Chart.
b. 
The emission, from all sources within any lot area, of particulate matter containing more than ten percent (10%) by weight, of particles having a particulate diameter larger than forty-four (44) microns, shall be prohibited.
c. 
Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified shall be prohibited.
5. 
Odors. No odor shall be emitted by any use permitted in this district in such quantities as to be readily detectable by an average observer at any point on the boundary line of the premises or beyond.
6. 
Noxious gases. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere must be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be from a stack.
7. 
Glare and heat. Operation producing intense light and heat shall be performed within an enclosed building and not be visible beyond any lot line bounding the property whereon the use is conducted.
8. 
Vibration. Any operation or activity which shall cause at any time and at any point beyond the boundaries of the lot, earth-borne vibrations, other than background vibrations produced by some source not under control of this Chapter, such as the operations of motor vehicles or other transportation facilities, in excess of the limits set forth in Column I of the table below shall be prohibited. In addition, any operation or activity which shall cause at any time and at any point in a residence district earth-borne vibrations in excess of the limits set forth in Column II of the table below shall be prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system approved by the Building Commissioner.
Frequency (cycles per second)
I
Displacement
(inches)
II
Displacement
(inches)
0 to 10
.0008
.0004
10 to 20
.0005
.0002
20 to 30
.0002
.0001
30 to 40
.0002
.0001
40 to over
.0001
.0001
Note: Impact vibrations which are discrete pulses that do not exceed one hundred (100) impulses per minute shall be permitted twice the displacements shown above in Columns I and II.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.250 "I-2" Heavy Industrial District. [1]

[R.O. 2009 §156.036; CC 1981 §30-38; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-163, 6-21-1990; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §6, 6-9-2011; Ord. No. 13-116 §2, 6-20-2013]
A. 
Purpose. The purpose of the "I-2" Heavy Industrial District is to provide for a wide variety of manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by major thoroughfares or railroads, to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. Certain potentially hazardous industries are permitted only after public hearings and review to assure protection of the public interest and surrounding property and persons. Commercial uses and open storage of materials are permitted, but new residential development is excluded.
B. 
Permitted Uses. A building or land in the "I-2" district shall be used only for the following purposes. Where any doubt exists as to the nature of a proposed use, product or process, the proposal shall be considered as a potentially hazardous use and referred to the Board of Adjustment for decision after a public hearing.
1. 
Any permitted use in the "I-1" Light Industrial District.
2. 
Manufacture or assembly of the following products:
a. 
Abrasive wheels or stones, abrasive paper, cloth and related products.
b. 
Agricultural or farm implements.
c. 
Aircraft and aircraft parts.
d. 
Foundry products.
e. 
Excelsior, wood fiber.
f. 
Ice manufacture.
g. 
Insecticides, fungicides, disinfectants and related industrial and household chemical elements (blending only).
h. 
Leather goods, not including tanning operations.
i. 
Pottery and figurines or similar ceramic products and kilns fired by electricity or gas only.
j. 
Pulp goods, pressed or molded, including paper mache products, paper products, but not manufacture of paper.
k. 
Monuments and architectural stone.
l. 
Rubber products and rubber and synthetic fabrics, excluding all rubber and synthetic processing.
m. 
Structural iron and steel fabrication.
n. 
Wall board and plaster, building insulation and composition flooring.
o. 
Wire rope and cable.
p. 
Wood chip and fiberboard.
3. 
Flour, grain and feed storage, blending and packaging, but not milling.
4. 
Blacksmith shops.
5. 
Indoor and outdoor storage and sales of building materials (cement, lime in bags or containers, sand, gravel, stone, lumber, structural or reinforcing steel, pipe and the like), but not manufacture or steel fabricating or junk storage.
6. 
Cleaning and dyeing of garments, hats, carpets and rugs.
7. 
Coal and wood yards, coke storage and sales.
8. 
Exterminating establishment.
9. 
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture or processing.
10. 
Laundries, linen service.
11. 
Lumberyard including planing and millwork.
12. 
Plating, electrolytic process.
13. 
Poultry packing and slaughtering (wholesale).
14. 
Railroad switching yard, primarily for railroad service in the district, team tracks and spur tracks.
15. 
Sawmill including cooperage stock mill, stationery and planing mill.
16. 
Soap products, but not soap manufacture.
17. 
Stone products, sand and gravel, but not crushing or grinding.
C. 
Conditional Uses. The following uses or the manufacture, compounding, processing, packaging or treatment of products not specifically listed above or below, but which may have accompanying hazards such as fire, explosion, noise, vibration, dust or the emission of smoke, odor, toxic gases or other pollutants, may be located in the "I-2" Heavy Industrial District, if not in conflict with any State or County law or ordinance, only after the location and nature of such use shall have been approved by the City Council following recommendation by the Planning and Zoning Commission after public hearing as provided in Sections 400.980 et seq. The Commission and Council shall review the plans and statements and shall not permit such buildings, structures or uses until there has been shown that the public health, safety, morals and general welfare will be properly protected and that necessary safeguards will be provided for the protection of streams or other water areas or surrounding property and persons. The Commission and Council, in reviewing the plans and statements, shall consult with other agencies created for the promotion of public health and safety and shall pay particular attention to protection of the City and its neighbors from the harmful effects of air or water pollution of any type.
1. 
Any conditional use permitted in the "I-1" zoning district.
2. 
Airports, landing strips and heliports.
3. 
Incinerators.
4. 
Ammunition and explosives storage.
5. 
Asphalt or asphalt products or central asphalt mixing or batching.
6. 
Concrete products or central mixing and proportioning plant and cement manufacture.
7. 
Distillery (alcoholic), breweries and makers of alcoholic spirits (non-industrial).
8. 
Docks, wharves and piers, except for pleasure craft, marine warehouses or storage area, freight storage shed, freight handling equipment.
9. 
Dredging base, marine construction yard, marine salvage base, but not junk unrelated to marine salvage.
10. 
Engine testing (internal combustion engines), but not jet engines or rockets.
11. 
Flour, feed and grain milling.
12. 
Galvanizing or plating (hot dip).
13. 
Hides and raw fur, curing, tanning, dressing, dyeing and storage.
14. 
Junkyards, subject to Section 400.450.
15. 
Landfill.
16. 
Leather tanning and curing.
17. 
Materials recovery facility.
18. 
Meat or fish products including slaughtering of animals or poultry or preparation of fish for packing.
19. 
Petroleum storage.
20. 
Plastic material and synthetic resins, processing only.
21. 
Railroad yards.
22. 
Stockyard.
23. 
Wood preserving treatment facility.
24. 
Quarry with rock crushing operation.
25. 
Manufacture of the following products:
a. 
Acetylene generation and storage.
b. 
Adhesives, glue or sizing.
c. 
Alcohol, industrial.
d. 
Asbestos products.
e. 
Candles including wax or tallow manufacture.
f. 
Film, photographic.
g. 
Glass and glass products.
h. 
Insecticides, fungicides, disinfectants or related industrial or household chemical products.
i. 
Linoleum and other hard-surface floor coverings, except wood.
j. 
Match manufacture.
k. 
Oils, shortening and fats (edible) manufacture and storage.
l. 
Paint, oil, shellac, turpentine or varnish.
m. 
Starch manufacture.
26. 
The provisions of this Section shall apply to all new uses and to existing uses where a substantial change or expansion to the layout, operation or configuration is proposed.
D. 
(Reserved)
E. 
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "I-2" district:
1. 
Minimum lot area: 1 acre.
2. 
Minimum lot width at the building line: 150 feet.
3. 
Minimum lot depth: 200 feet.
4. 
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining a residential zoning district.
5. 
Minimum setback requirements measured from building line to property line:
a. 
No part of any building, accessory structure or sign shall be located closer than one hundred (100) feet to any residential district boundary.
b. 
The front yard setback is thirty-five (35) feet, except fifty (50) feet across street from residential district.
"GPRS" bonus:
Tiers 1 and 2: 30 feet.
Tier 3: 25 feet, except 50 feet across street from residential district.
c. 
The side yard setback is zero (0) feet, except ten (10) feet adjoining any other zoning district and fifty (50) feet adjoining any residential district.
"GPRS" bonus:
All tiers: 0 feet, except 10 feet adjoining any other zoning district and 50 feet adjoining any residential district.
d. 
The rear yard setback is zero (0) feet, except thirty (30) feet adjoining any other zoning district and fifty (50) feet adjoining any residential district.
"GPRS" bonus:
All tiers: 0 feet, except 25 feet adjoining any other zoning district and 50 feet adjoining any residential district.
6. 
Maximum lot coverage: None.
7. 
Floor area in square feet: No requirement.
8. 
Public utilities. Requirements are contained in Section 400.610.
9. 
Off-street parking and loading.
a. 
No parking shall be permitted in required front yard.
b. 
Additional off-street parking and loading requirements are contained in Sections 400.660 et seq.
10. 
Protective screening.
a. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b. 
Where an "I-2" zoning district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifty (50) feet in width shall be provided and maintained along the appropriate property line by the users of the "I-2" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The fifty (50) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (the industrial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly placed.
11. 
Landscaping. The required front yard shall be planted with trees or shrubs.
F. 
Industrial Performance Standards. The same requirements as in Section 400.240(E).
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.270 "CBD" Central Business District.

[R.O. 2009 §156.038; CC 1981 §30-30(b); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 06-320, 11-29-2006; Ord. No. 09-64, 4-17-2009; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "CBD" Central Business District is to provide opportunity for a broad spectrum of uses designed to encourage development of the downtown area as a commercial and office center with appropriate loosening of normal restrictions. The regulations of the Central Business District are intended to allow greater design flexibility than is permitted by the other district regulations for tracts of land in the Central Business District, where the planned development of such tract would better utilize the character of the site and enhance the appearance and economic vitality of the downtown area.
B. 
Permitted Uses. A building or land in the Central Business District shall be used only for the following purposes:
1. 
Any permitted use in the "C-1" or "C-2" zoning districts;
2. 
Two (2) dwelling units located above the first (1st) floor; or
3. 
Single-family dwellings, except that in the Historic Downtown District a single-family dwelling shall not be located on the first (1st) floor of a building.
C. 
Conditional Uses. The following uses may be permitted as conditional uses if approved by the City Council following recommendation by the Planning and Zoning Commission:
1. 
Any conditional use in the "C-1" or "C-2" zoning districts, except vehicle sales and firearm ranges are prohibited; and
2. 
Apartment buildings, residential condominiums, town houses, row houses and other types of multiple-family dwellings, except that in the Historic Downtown District these residential uses shall be permitted only above the first (1st) floor. The density of multi-family dwellings shall not exceed twenty-four (24) dwelling units per acre (DU/A). The following are permitted accessory uses for developments of multiple-family dwellings:
[Ord. No. 15-185 §1, 8-18-2015]
a. 
A laundry room for use by occupants;
b. 
Club and recreational facilities for use by occupants;
c. 
Coin-operated vending machines for candy, tobacco, ice, soft drinks and sundries located inside a building for use by occupants; and
d. 
An office located in a main building for administration of a development consisting of ten (10) or more dwelling units.
D. 
Design Standards.
1. 
Minimum lot area: None.
2. 
Minimum lot width: None.
3. 
Minimum lot depth: None.
4. 
Minimum setback requirements measured from the building line to the property line:
a. 
Front yard: None, except 15 feet when across a street from a residential zoning district.
b. 
Side yard: None, except 15 feet when adjoining a residential zoning district.
c. 
Rear yard: None, except 15 feet when adjoining a residential zoning district.
5. 
Minimum floor area in square feet: None.
E. 
Maximum Height. Maximum height of buildings shall be three (3) stories or forty-five (45) feet. However, the height limitations may be varied upon review by the Planning and Zoning Commission and approval by the City Council.
F. 
Maximum Lot Coverage. Eighty percent (80%) of the gross lot area.
G. 
Protective Screening.
1. 
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
2. 
Where a "CBD" zoning district directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifteen (15) feet in width shall be provided and maintained along the appropriate property line by the users of the "CBD" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per thirty (30) lineal feet or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in a healthy growing condition and be neat and orderly in appearance. The fifteen (15) foot greenbelt shall not be used for off-street parking facilities or for loading spaces. Along the inner side (the commercial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
a. 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
b. 
An ornamental masonry wall or wood fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
H. 
Off-Street Parking And Loading. The following off-street parking and loading regulations shall apply to the "CBD":
1. 
For all existing buildings, the off-street parking and loading requirements are waived for approved uses.
2. 
All new construction shall provide one-half (½) of the parking and loading requirements contained in Sections 400.660 et seq.
3. 
All new construction that exceeds the maximum height requirements shall provide one hundred percent (100%) of the parking and loading requirements contained in Sections 400.660 et seq.
I. 
Additional Requirements. Additional requirements are contained in Sections 400.350 et seq.

Section 400.280 "CRD" Central Residential District.

[R.O. 2009 §156.039; CC 1981 §30-39(c); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 01-111, 6-8-2001; Ord. No. 02-229, 9-20-2002; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "CRD" Central Residential District is to provide opportunity for residential uses in close proximity to the Central Business District. The regulations of Central Residential District are intended to allow greater flexibility in design and uses than would normally be permitted by other residential districts. The primary objective of the district is to preserve the appearance and economic vitality of the entire area while at the same time maintaining the initial character of the original residential uses of the area.
B. 
Permitted Uses.
1. 
"CRD-I". A building or land shall be used only for the following purposes. Any use, accessory use or conditional use permitted in the "R1-C", "R1-D" or "R1-E" zoning districts.
2. 
"CRD-II". A building or land shall be used only for the following purposes. Any use, accessory use or conditional use permitted in the "R-1C", "R-1D", "R-1E" or "R-2" zoning districts.
C. 
Design Standards.
1. 
Minimum lot area: 5,000 square feet.
2. 
Minimum floor area: 850 square feet per principal building.
3. 
Minimum lot width: None.
4. 
Minimum lot depth: None.
5. 
Minimum front yard: 20 feet.
Front yard area, except for driveway access, shall be used for lawn and landscaping only.
6. 
Minimum side yard: 5 feet.
7. 
Minimum rear yard: 10 feet.
8. 
Maximum height:
a. 
"CRD-I": 3 stories or 45 feet.
b. 
"CRD-II": 2½ stories or 35 feet.
9. 
Minimum floor area per dwelling unit in the "CRD-II": 700 square feet.
D. 
Maximum Building Coverage.
1. 
"CRD-I". The maximum building coverage of the principal buildings shall be not more than seventy percent (70%) of the gross lot area. Usable yard area shall be not less than five percent (5%) of the net lot area.
2. 
"CRD-II". There shall be only one (1) principal building per lot within the "CRD" II District. The maximum building coverage of the principal building shall be not more than seventy percent (70%) of the gross lot area. Usable lot area shall be not less than five percent (5%) of the net lot area.
E. 
Off-Street Parking. The off-street parking spaces shall be provided for as outlined in Sections 400.660 et seq.
F. 
Protective Screening. Except for lots with one (1) single-family or one (1) two-family dwelling, all exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).

Section 400.290 "FHCD" Frenchtown Historic Commercial District.

[R.O. 2009 §156.040; Ord. No. 05-21, 1-14-2005; Ord. No. 08-217, 10-13-2008; Ord. No. 09-189, 10-29-2009; Ord. No. 10-25 §1, 2-19-2010; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-99 §1, 5-20-2010; Ord. No. 11-26 §5, 2-4-2011; Ord. No. 12-165 §3, 9-28-2012]
A. 
Purpose. The purpose of the "FHCD" Frenchtown Historic Commercial District is to provide for a low intensity restricted mixture of retail shopping, personal service, residential and lodging uses on a comparatively small scale; and to preserve historic areas of St. Charles, for future generations and for historic area residents, while preserving the integrity of historic and cultural activities and events; but discourages events or activities that may misuse historic areas. It is intended to foster and complement the nearby residential neighborhoods.
B. 
Permitted Uses. A building or land in the "FHCD" shall be used only for the following purposes:
1. 
Accounting and auditing agencies.
2. 
Antique shops.
3. 
Art galleries and museums.
4. 
Bakeries or bake shops.
5. 
Banks, savings and loan associations, but not drive-in or drive-thru facilities except as otherwise provided.
6. 
Barbershops and beauty parlors.
7. 
Bed and breakfast establishments, with each guest room having its own independent bath facilities.
8. 
Bicycle sales and repair shops.
9. 
Business, professional and technical schools and universities.
10. 
Business, professional or medical offices.
11. 
Commercial laboratories including testing and photo finishing laboratories, but not including testing combustion engines or explosives.
12. 
Computer and data processing centers.
13. 
Custom dressmaking or tailoring shops.
14. 
Day spas and massage establishments employing licensed massage technicians in the practice of massage as that term is defined in Section 660.010. All persons practicing massage shall be licensed pursuant to Chapter 660.
15. 
Delicatessen businesses.
16. 
Direct mail advertising service business.
17. 
Enclosed recreational uses including tennis, handball or paddleball, swimming, skating, gymnasium or health club, bowling and similar recreational uses.
18. 
Hobby shops or craft shops.
19. 
Insurance agencies and services.
20. 
Investment agencies and services.
21. 
Patio and garden shops, retail greenhouses.
22. 
Printing, publishing and engraving.
23. 
Public and private libraries.
24. 
Public or government offices.
25. 
Public parks and open space.
26. 
Real estate agencies and services.
27. 
Research laboratories and facilities.
28. 
Restaurants, but not drive-thru or drive-in except as otherwise provided.
29. 
Shops for the sale, service or repair of home appliances, shoes, jewelry, stereos, televisions and radios.
30. 
Single-family dwellings, but residential uses shall be prohibited on the first (1st) floor of an existing commercial structure.
31. 
Specialty shops, boutiques, coffee shops and tea rooms.
32. 
Stores or shops for the conduct of retail business including the sale of books, cards, carpets, clothing, drugs, fabrics, flowers, food, furniture, garden supplies, gifts, groceries, hardware, home appliances, jewelry, musical instruments and records, office supplies and merchandise, optics, paint, shoes, sporting goods, stationery, stereos, televisions and radio, tobacco and similar stores and shops.
33. 
Studios for artists, photographers, teachers, sculptors, musicians or graphic designers.
34. 
Temples and meeting facilities for fraternal, religious, Masonic and philanthropic clubs and organizations.
35. 
Title companies.
36. 
Travel bureaus and ticket offices.
37. 
Walk-up automatic teller machines.
38. 
[1]All other types of indoor retail sales uses not listed may otherwise be permitted through a conditional use.
[1]
Editor’s Note: Former Subsection (B)(38), Wineries and microbreweries, was repealed 11-19-2013 by Ord. No. 13-231 §1. Section 1 of this ordinance also provided for the renumbering of former Subsection (B)(39) and (40) as Subsection (B)(38) and (39).
39. 
Placement of a telecommunication antenna on an existing telecommunication tower (co-location) where no expansion or enlargement of the existing tower enclosure is required.
C. 
Conditional Uses. The purpose of the conditional use process is to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use process provides the City with the means to review the location, design, configuration of uses and potential impacts and compatibility with the surrounding area. In approving the conditional use, the Planning and Zoning Commission may recommend and the City Council may impose conditions or safeguards as are deemed necessary to protect the surrounding properties and public generally. The following uses may be permitted in the "FHCD" as a conditional use, if approved by the City Council following recommendation by the Planning and Zoning Commission:
1. 
Auditorium, lecture hall, meeting facility or conference center.
2. 
Day care facilities or adult day care facilities.
3. 
Equipment rental and leasing services, not including passenger motor vehicles; provided storage is within a completely enclosed building unless otherwise allowed through the conditional use permit.
a. 
Regulations for equipment rental and leasing services.
(1) 
Minimum lot area: One (1) acre.
(2) 
Minimum lot width at the building line: One hundred (100) feet.
(3) 
All areas of the facility not designated as landscape area shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four (4) ton axle load.
4. 
Guest house.
5. 
Hotels, motels and inns.
6. 
In-vehicle sales or service.
Description: In-vehicle sales and service land uses include all land uses which perform sales or services to persons in vehicles or to vehicles which may be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent streets. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations and all forms of car washes.
a. 
Regulations for in-vehicle sales or service.
(1) 
Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).
(2) 
The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.
(3) 
In no instance shall a drive-though facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this Section.
(4) 
The setback of any overhead canopy or similar structure shall be a minimum of ten (10) feet from all street rights-of-way lines, a minimum of twenty (20) feet from all residentially zoned property lines and shall be a minimum of five (5) feet away from all other property lines. The total height of any overhead canopy or similar structure shall not exceed twenty (20) feet as measured to the highest part of the structure. The setback requirements may be recommended for modifications by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the ability to effectively use the property.
(5) 
All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four (4) ton axle load.
(6) 
Facility shall provide a minimum six (6) foot high solid, maintenance-free fence with a combination of shrubs (eighteen (18) inches to twenty-four (24) inches tall or three (3) feet to four (4) feet wide at the time of planting), understory trees (six (6) feet to eight (8) feet tall at the time of planting) and canopy trees (two and one-half (2½) inches to three (3) inches caliper at the time of planting) as recommended by the Planning and Zoning Commission and approved by the City Council along all borders of the property directly abutting a residentially zoned property. These requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the ability to effectively use the property.
(7) 
Interior curbs shall be used to separate driving area from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. The curbs shall be a minimum of six (6) inches high and be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than twenty-five (25) feet to any property line. The setback requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the ability to effectively use the property.
(8) 
Outdoor storage uses (including the outdoor storage of vehicles or vehicles for sale) shall be prohibited on the same property.
7. 
Laundromats or self-service dry cleaning establishments, laundries and dry cleaning or pressing pickup stations. No cleaning fluid considered hazardous, in the judgment of the Fire Chief, shall be used.
8. 
Live performance or motion picture theater.
9. 
Parking lots or garages not accessory to a principal structure and approved through a site plan or parking lots or garages for public use for compensation.
10. 
Passenger vehicle or motorcycle sales, rental, service, detailing, body and fender repair and/or spray painting.
Description: Passenger vehicle or motorcycle sales, rental, service, detailing, body and fender repair or spray painting. Passenger vehicle or motorcycle sales, rental, service or repair land uses include all land uses which perform maintenance or repair service to vehicles or motorcycles and contain all operations including equipment, materials and inoperable motorcycles completely within an enclosed building. For the purposes of this Subsection, "passenger vehicles" shall be defined as motor vehicles licensed less than twelve thousand (12,000) pounds with a design and intended use for the transport of persons. For the purposes of this Subsection, "motorcycles" shall be defined as every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
a. 
Regulations for passenger vehicle or motorcycle sales, rental, service, detailing, body and fender repair and/or spray painting.
(1) 
All areas of the facility not designated as landscape area shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four (4) ton axle load.
(2) 
Facility shall provide a minimum six (6) foot high solid, maintenance-free fence with a combination of shrubs (eighteen (18) inches to twenty-four (24) inches tall or three (3) feet to four (4) feet wide at the time of planting), understory trees (six (6) feet to eight (8) feet tall at the time of planting) and canopy trees (two and one-half (2.5) inches to three (3) inches caliper at the time of planting) as recommended by the Planning and Zoning Commission and approved by the City Council along all borders of the property directly abutting a residentially zoned property. These requirements may be recommended for modification by the Planning and Zoning Commission and modified by the City Council where it is found that due to pre-existing circumstances the provision of the setback will cause an undue burden on the effective use of the property.
(3) 
Outdoor storage of materials, equipment and damaged or inoperable vehicles is prohibited.
(4) 
Motor vehicle display and parking setback: Ten (10) feet.
(5) 
Minimum lot area: Ten thousand (10,000) square feet.
(6) 
Minimum lot width at the building line: Eighty (80) feet.
11. 
Pet shops and dog beauty parlors, provided that any work rooms, cages, pens or kennels be maintained within a completely enclosed sound-proof building and that such shop or parlor be operated in such a way as to produce no objectionable noises or odors outside its walls.
12. 
Plumbing, heating and air-conditioning shop, upholstering shop (not involving furniture manufacture), appliance repairs and general service and repair establishments, similar in character to those listed in this item. No outside storage of material is permitted.
13. 
Secondhand sales establishments.
14. 
Small manufacturing establishments which occupy no more than ten thousand (10,000) square feet of building space. No outdoor storage shall be permitted and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
15. 
Telecommunication towers, antennas attached to structures, or placement of a telecommunication antenna on an existing tower (co-location) where an expansion or enlargement of the existing tower enclosure is required.
16. 
Two-family and multi-family residential.
17. 
Veterinary office, clinic and/or hospital.
18. 
Warming and cooling centers when accessory to a church or other place of worship. Occupancy limits for a warming and cooling center shall be determined by the Building Code Official and Fire Marshal.
19. 
Wineries and microbreweries.
[Ord. No. 13-231 §1, 11-19-2013]
D. 
Design Standards.
1. 
Minimum lot area: Seven thousand five hundred (7,500) square feet.
2. 
Minimum lot width at the building line: None.
3. 
Minimum lot depth: None.
4. 
Maximum height of building: Three (3) stories or forty-five (45) feet.
5. 
Minimum setback requirements measured from the building line to the property line:
a. 
Front yard setback:
(1) 
Minimum: Zero (0) feet.
(2) 
Maximum: Ten (10) feet.
b. 
Side yard setback: None, except ten (10) feet when abutting a residential district.
c. 
Rear yard setback: None, except twenty (20) feet when abutting a residential district.
6. 
Maximum floor area: None.
7. 
Public utilities. Requirements are contained in Section 400.610.
8. 
Off-street parking and loading.
a. 
Buildings existing before May 20, 2010 situated on lots less than ten thousand (10,000) square feet in area, the off-street parking and loading requirements are waived for approved uses.
b. 
For all new construction after May 20, 2010 on lots less than ten thousand (10,000) square feet in area shall provide one-half (½) of the parking and loading requirements contained in Sections 400.660 et seq.
c. 
Buildings existing before May 20, 2010 and new construction on lots larger than ten thousand (10,000) square feet shall provide parking and loading in accordance with the requirements contained in Sections 400.660 et seq.
9. 
Metal clad buildings are prohibited.
10. 
Protective screening.
a. 
All refuse and waste removal storage areas shall be screened with a minimum six (6) foot high solid screen walls of masonry construction to complement the primary structure as approved by the Historic Landmarks Preservation and Architectural Review Board. Gates shall be composed of metal or solid vinyl in a complementary color to the masonry as approved by the HLPARB and in no case shall slatted, chain-link fencing be used. Any other materials shall be approved by the Historic Landmarks Preservation and Architectural Review Board. Solid waste container enclosures shall have a concrete floor.
b. 
Where a "FHCD" directly adjoins a residential zoning district or is located across a public street or alley from a residential zoning district, a landscaped greenbelt at least fifteen (15) feet in width shall be provided and maintained along the appropriate property line by the users of the "FHCD" property. The open area shall be planted with trees and shrubs. A minimum of one (1) tree shall be planted per lineal foot or fraction thereof for any frontage along a residential zoning district. Required trees shall be at least two and one-half (2½) inch caliper. Trees existing within any required greenbelt at the time of installation and which are larger than two and one-half (2½) inch caliper shall be preserved and will count toward the minimum landscaping requirements. Newly planted species shall be hardy for the specified area. All landscaping shall be maintained in healthy growing condition and be neat and orderly in appearance. The fifteen (15) foot greenbelt shall not be used for off-street parking facilities or for loading space. Along the inner side (the commercial property side) of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:
(1) 
A continuous visual screen with a minimum height of six (6) feet, such screen consisting of a compact evergreen hedge or foliage screening; or
(2) 
An ornamental masonry wall or solid maintenance-free fence at least six (6) feet in height above grade, in which case one (1) shrub shall be planted in the greenbelt per ten (10) lineal feet or fraction thereof. Required shrubs shall be a minimum of eighteen (18) inches in height at time of initial planting. Shrubs may be clustered rather than evenly spaced.
11. 
Any of the above design standards may be modified through approval of a conditional use.

Section 400.300 "SD" Superimposed Districts—Application.

[R.O. 2009 §156.063; CC 1981 §30-39(a); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
To enable the "superimposed district" to operate in harmony with the plan for land use and population density embodied in this Chapter, the "HP" Historic Preservation District, the "RPPD" Residential Parking Permit District and the "EHP" Extended Historic Preservation District, are created as special districts to be superimposed on the other districts contained in this Chapter or amendments hereto and are to be so designated by the City Council and depicted by a special symbol for their boundaries on the Zoning District Map. If there is a conflict between regulations of an underlying district and a superimposed district, the regulations of the superimposed district shall prevail.

Section 400.310 "RPPD" Residential Permit Parking District. [1]

[R.O. 2009 §156.064; CC 1981 §30-30(f); Ord. No. 77-31, 7-5-1977; Ord. No. 80-47, 4-9-1980; Ord. No. 97-311, 9-18-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 05-114, 4-26-2005; Ord. No. 06-329, 12-14-2006; Ord. No. 07-162, 6-11-2007; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-125 §1, 7-25-2012; Ord. No. 16-161 §1, 8-16-2016]
A. 
Purpose. The purpose of this district is to reduce the hazardous traffic conditions resulting from the use of streets within residentially zoned districts for parking of vehicles by persons using adjoining multifamily or non-residentially zoned districts. The regulations of the "RPPD" Superimposed District are intended to protect these districts from polluted air, excessive noise, trash and refuse caused by the entry of such vehicles; to protect the residents of these districts from unreasonable burden in gaining access to their residences; to preserve the residential character; to promote efficiency of access in the answering of emergency calls by the Fire and Police Departments; to promote efficiency in the maintenance of these streets in a clean and safe condition; to preserve the value of the residential property; to preserve the safety of children and other pedestrians and traffic safety; and to maintain the peace, good order, comfort, convenience and welfare of the residents.
B. 
Initiation Of A Request For "RPPD" Designation.
1. 
Any member of the City Council or the Mayor may initiate a request through the Mayor for "RPPD" designation for an area of the City. A "RPPD" area must contain a minimum of five (5) adjacent properties or have a lineal distance of three hundred (300) feet to be eligible.
2. 
Each street or street segment which is proposed for residential permit parking will be evaluated using the following methodology:
a. 
Seven (7) days prior to the evaluation, all residents within the area to be evaluated will be notified by the Department of Community Development that the City is going to conduct an on-street parking evaluation. Area residents will be asked to place a card, provided by the City, in the rear window of any vehicle they intend to park on the street in the area in question to evaluate the impact of non-resident on-street parking in the area.
b. 
The evaluation will include a determination of the number of on-street spaces occupied during at least two (2) days when the greatest number of parked vehicles is anticipated. The effects of turnover in vehicles parked on the street will also be analyzed.
c. 
The number of on-street spaces are calculated at the rate of twenty-two (22) feet of lineal curb length with any fractional number rounded to the lowest number.
C. 
Design Criteria. To be eligible for the "RPPD" overlay, the study area must find at least fifty percent (50%) of the parking spaces must not turn over within a two-hour period and at least fifty percent (50%) of the parking spaces must be filled and at least fifty percent (50%) of the spaces must be occupied by non-resident vehicles. A proposed district with boundaries within one thousand (1,000) feet of a property line of a learning institution where any portion of the student population is of driving age shall not be subject to the design criteria.
D. 
Overlay Designation. Upon completion of the analysis and a finding that a "RPPD" meets the design criteria, staff shall notice and advertise for rezoning the area in question using the procedures outlined in Section 400.990, except as set forth in Subsection (D)(1) below:
1. 
Completion of analysis and a finding of meeting design criteria shall not be required for a proposed district with boundaries within one thousand (1,000) feet of a property line of a learning institution where any portion of the student population is of driving age, a proposed district designed to reduce criminal activity or to reduce congestion from street or utility construction. These proposed districts shall only be subject to a public hearing before the City Council prior to the passage of an ordinance to create the district. A district created to reduce criminal activity or to reduce congestion from street or utility construction shall terminate within one (1) year of its establishment or completion of construction, as the case may be, but may be extended by the City Council if the conditions prompting the designation have not been resolved or the construction is not completed.
E. 
Parking Permits Notification. Upon passage of an ordinance by City Council designating an area as a "RPPD," notification will be sent to every address within the eligible area informing them that they are in a permit parking area and must obtain a parking permit sticker from the Department of Community Development. Residents must furnish proof in the form of vehicle registration for each vehicle for which they want a sticker. This notification will also include information concerning the availability of temporary visitor, guest and business parking permits.
F. 
Signage. Upon passage of the ordinance, the Department of Public Works will post signs on the affected streets with "Residential Permit Parking Only" and the days and hours permits are in effect or required.
G. 
Eligibility For Permits.
1. 
To residents of the affected areas, one (1) permit for each vehicle registered to that address.
2. 
For visitors of any residents in the affected area, residents may obtain visitor passes to issue to their visitors.
3. 
One-day permits for other uses consistent with the residential character of the district may be obtained by residents.
4. 
In applying for a "RPPD" permit, the applicant must apply to the Department of Community Development who will verify that the address is within the "RPPD" overlay. Upon verification by the Department of Community Development, the applicant will then be able to purchase the permit from the City Collector.
H. 
Proof Of Eligibility.
1. 
Each resident is entitled to one (1) permit per vehicle.
2. 
Residents must present to the City Collector proof of ownership and paid personal property tax receipt with his/her address for each vehicle for which a permit is desired.
3. 
If a resident has recently moved into an affected district, they must show proof of residence and vehicle ownership. A permit shall not be issued to a new resident until the original resident has surrendered his/her permit.
4. 
Residents must obtain parking permits for all visitors.
I. 
Expiration. Residential and visitor parking permits shall be valid for one (1) year expiring December 31.
J. 
Sticker Display. All stickers will be displayed in the lower driver's side of the rear window, except where the lower driver's side of the rear window is tinted or obstructed, then the sticker may be affixed to the non-reflective side of the rear view mirror.
K. 
Non-Residence. Whenever a person holding a permit no longer meets the conditions of residency in a permit parking district, he/she shall surrender the permit(s) issued to him/her to the Department of Community Development.
L. 
Enforcement.
1. 
Enforcement of the residential parking permit district shall be under the direction of the Chief of Police.
2. 
It shall be unlawful for any person to represent that he/she is entitled to a permit when he/she is not so entitled; to fail to surrender a permit to which he/she is not so entitled; to obtain, give, rent or sell a permit to a person to whom it is not entitled; to park a vehicle displaying a permit when the holder of the permit is not so entitled.
M. 
Violation. Violation of this Section shall be punishable by a minimum fine of twenty-five dollars ($25.00).
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.320 "WHP" Wellhead Protection District.

[R.O. 2009 §156.065; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 10-26 §1, 2-19-2010; Ord. No. 13-116 §3, 6-20-2013]
A. 
Purpose. The purpose of this Section is to safeguard the public health, safety and general welfare through the protection of ground water used as a public water supply.
B. 
Permitted Uses. Any use permitted by right in an underlying zoning district shall also be permitted by right in an overlying Wellhead Protection District, the boundaries of which are illustrated on the map attached to Ordinance 10-26 and on file in the City offices.
C. 
Conditional Uses.
1. 
The following uses may be permitted in the "WHP" Wellhead Protection District as a conditional use if approved by the City Council following recommendation by the Planning and Zoning Commission:
a. 
The production, use, handling or storage of any hazardous substance or liquid petroleum product.
b. 
Fleet maintenance repair and service facilities including, but not limited to, mechanic services, transmission repair services and oil changing services in conjunction with and supplementary to a permitted business operation.
c. 
Construction of new underground storage tanks and associated pipes in compliance with applicable local, State and Federal laws and in conjunction with and supplementary to a permitted business operation.
d. 
Dry cleaning business.
e. 
Furniture stripping.
f. 
Wastewater pretreatment facilities or other impoundments of waste material.
g. 
Vehicle service stations and convenience stores which sell motor fuel.
h. 
Electrical power generator and substations.
i. 
Closed-loop heat pump well systems, provided the entire length of the pipe system is sealed with a thermal grout.
j. 
Materials recovery facilities for properties located within the "I-2" Heavy Industrial District only, provided the operations are conducted within enclosed buildings, do not involve outdoor processing, and the only material accepted is non-hazardous construction and demolition waste. Such waste is limited to wood, drywall, masonry, concrete, metal, plastic, cardboard, paper, roofing, and asphalt products.
2. 
In order to receive approval from the City Council, each facility which handles or uses regulated substances must fulfill the following requirements:
a. 
Provide for the installation and maintenance of devices for secondary containment in case of inadvertent discharge from primary containers. Ensure the proper storage of regulated substances to insure the integrity and proper functionality of impervious floor surface.
b. 
Submission of an emergency contingency plan for each facility to respond to unauthorized discharges.
c. 
Posting of a bond or carrying of insurance which would pay for the cost of cleanup incurred as the result of inadvertent discharge.
d. 
The three (3) previous requirements must be approved in writing by both the Fire Chief and the Community Development Director or their designees.
D. 
Prohibited Uses. The following uses are prohibited in the "WHP" Wellhead Protection District:
1. 
The production, use, handling, or storage of any extremely hazardous substance, greater than the exempted quantity, as defined in Section 400.050.
2. 
Landfills, including, but not limited to, industrial and municipal landfills; open dumps; or any other waste disposal facility.
3. 
Waste transfer stations and incinerators, except for materials recovery facilities as defined in Section 400.050 and described in Subsection (C).
4. 
Waste disposal wells and underground injection of liquid wastes.
5. 
Sewage lagoons.
6. 
Wastewater treatment plants.
7. 
Cemeteries and graveyards for humans or domesticated animals.
8. 
Scrap and junkyards.
9. 
Uncovered salt storage.
10. 
Private potable water wells into known and potential sources of contamination, including, but not limited to, those identified on Exhibit A as filed in the City Clerk's office.
11. 
Ponds/lakes constructed deeper than fifteen (15) feet, in order to prohibit excavation below the upper cohesive solids into the underlying sand and gravel aquifer except at properties where site specific drilling data indicates deeper excavation, will not contact the sand and gravel aquifer to a maximum allowable excavation depth of five (5) feet above the base of the upper cohesive soils.
12. 
Open-loop heat pump well systems which utilize ground water as the heat source and sink.
13. 
Any use not described in Subsections (B) or (C).
E. 
Exemptions. The following substances are not subject to the provisions of this Chapter, as long as they are used, handled or stored in a manner that does not result in contamination of the ground water:
1. 
Use of any regulated substance in an amount less than the exempted quantity for that substance.
2. 
Any substance to the extent it is used for personal, family or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the general public. However, regulated substances used in the operation of a home business shall not be exempt from the provisions of these requirements.
3. 
Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the user.
4. 
Any substance to the extent it is used in a research laboratory, hospital or other medical facility and is under the direct supervision of a technically qualified individual.
5. 
Regulated substances contained in properly operating sealed units (transformers, refrigeration units, etc.) which are not operated as part of routine use and which are in operable condition.
6. 
Motor fuels, lubricants and coolants which are in use within operable internal combustion engines and attached fuel tanks.
7. 
Radioactive materials regulated by the United States Nuclear Regulatory Commission.
8. 
Regulated substances in continuous transit through a "WHP" District.
F. 
Design Standards. Within the "WHP" District, the design standards of the district upon which the "WHP" District is superimposed shall apply. In addition, the following design standards shall be required in a "WHP" zoning district:
1. 
Operation of existing underground storage tanks is permitted, as long as doing so is within compliance with applicable State and Federal laws.
2. 
Other design measures as required to receive a conditional use permit from the City Council.

Section 400.330 "SMPD" South Main Preservation District. [1]

[R.O. 2009 §156.066; CC 1981 §30-39(e); Ord. No. 77-31, 7-5-1977; Ord. No. 94-84, 4-13-1994; Ord. No. 96-45, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 02-54, 3-6-2002; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-85 §1, 5-24-2012; Ord. No. 12-195 §1, 10-18-2012]
A. 
Purpose. The purpose of the South Main Preservation District is to preserve historic areas, buildings, monuments or other historic features which contribute or will contribute to the heritage of the City or the State. The district also provides for the protection of historic areas, buildings, monuments or features, and their surroundings within a reasonable distance, from obviously incongruous development or uses of land. Banquet centers and meeting facilities as a primary use shall not be permitted in the South Main Preservation District as a permitted or a conditional use.
B. 
Permitted Uses. A building or land shall be used only for the following purposes:
1. 
Any use, accessory use or conditional use permitted in the zoning district in which the premises are situated and upon which the South Main Preservation District is superimposed, including single-family dwellings, except as provided in Section 400.330(B)(2). Banquet centers and meeting facilities as a primary use shall not be permitted in the South Main Preservation District as a permitted or a conditional use.
2. 
Restaurants, cafes or cafeterias, including restaurants, cafes or cafeterias where alcoholic beverages are sold and consumed incidental to the sale of food, provided that no alcoholic beverages may be sold to patrons standing or sitting at a bar, whether or not such sale is incidental to the sale of food, and the only exception to this latter proviso is that alcoholic beverages may be sold to patrons standing or sitting at an exposed bar in a restaurant microbrewery. Live music is prohibited at these uses unless approved as a conditional use as set forth in this Section. For purposes of this Section, the performance of live music shall be limited to the playing of musical instruments or vocals, both of which shall not be amplified by any means, electronic or otherwise. Sunday through Thursday the performance of live music shall stop at or before 8:00 P.M. when performed on the exterior of the premises, and shall stop at or before 9:00 P.M. when performed inside a restaurant, cafe or cafeteria. Friday and Saturday the performance of live music shall stop at or before 10:00 P.M., whether performed on the exterior of the premises or inside a restaurant, cafe or cafeteria. The times of performance of live music may be further limited as a condition to a conditional use permit, if said permit is approved.
[Ord. No. 13-231 §1, 11-19-2013; Ord. No. 15-108 §1, 5-19-2015]
a. 
As used in this Section, the term "restaurant microbrewery" shall mean a restaurant which meets the following qualifications:
(1) 
Brews beer on the premises, and sells the brewed beer on the premises, with an annual minimum capacity of one hundred (100) barrels of beer brewed, and an annual maximum of ten thousand (10,000) barrels of beer brewed.
(2) 
Has a federally approved "brewer's notice".
(3) 
Has either fifty-one percent (51%) gross income from non-alcohol food sales or a minimum of two hundred thousand dollars ($200,000.00) of gross income per year in non-alcohol food sales.
(4) 
Is licensed for Sunday liquor sales.
C. 
Conditional Uses. The purpose of the conditional use process is to allow the establishment of a use which has some special impact or uniqueness such that its effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use process provides the City with the means to review the location, design, configuration of uses and potential impacts and compatibility with the surrounding area. In approving the conditional use, the Planning and Zoning Commission may recommend and the City Council may impose conditions or safeguards as are deemed necessary to protect the surrounding properties and public generally. The following uses may be permitted in the "SMPD" as a conditional use, if approved by the City Council following recommendation by the Planning and Zoning Commission:
1. 
The performance of live music in restaurants, cafes or cafeterias.
D. 
Special Building And Occupancy Permit.
1. 
No person shall be permitted to build, erect, construct, alter, destroy or remove buildings or structures, or in any way change the outward appearance of any building or structure in the South Main Preservation District without having obtained a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board.
2. 
Evidence of such required approval shall be a certificate of appropriateness issued by the Historic Landmarks Preservation and Architectural Review Board. Such certificate shall be a statement signed by the Chairperson of the Board, stating that the exterior architectural features of the proposed construction, reconstruction, alteration, removal or restoration for which application for approval by the Board has been made as approved by the Board.
3. 
No building permit or certificate of occupancy shall be issued for any building or structure within the South Main Preservation District, unless such applicant shall furnish with his application for such permit a copy of certificate of appropriateness.
E. 
Signs. Signs and billboards shall be permitted as required in Section 400.1830. All signs shall be reviewed and approved by the Historic Landmarks Preservation and Architectural Review Board in accordance with the standards and purposes of the South Main Preservation District.
F. 
Lighting. All outdoor, temporary, decorative lighting must obtain a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board prior to installation, except from November fifteenth (15th) through January fifteenth (15th), at which time only white non-twinkling, non-chasing miniature lights will be allowed.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.340 "EHP" Extended Historic Preservation District. [1]

[R.O. 2009 §156.067; CC 1981 §30-39(g); Ord. No. 77-31, 7-5-1977; Ord. No. 93-291, 12-22-1993; Ord. No. 96-4, 1-16-1996; Ord. No. 97-52, 1-31-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 01-176, 8-3-2001; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purposes. The purposes of the "EHP" Extended Historic Preservation District are to preserve historic buildings which contribute or will contribute to the heritage of the City or the State and to preserve existing neighborhood architecture by protecting the buildings and their surroundings from obviously incongruous development or uses of land.
B. 
Certificate Of Demolition Or Removal. No person shall be permitted to remove or demolish any building in the Extended Historic Preservation District without the issuance of a certificate of demolition or removal by the Historic Landmarks Preservation and Architectural Review Board (HLPARB). The HLPARB shall base its decision upon the review criteria set forth in Section 400.1280; further, the HLPARB shall process all requests for certificates of demolition and removal in accordance with the procedures set forth in the aforesaid Sections of the Code. This provision shall not apply to accessory buildings which have less than five hundred (500) square feet nor to properties less than fifty (50) years old, unless the Director of Community Development determines that the building may have historical significance and refers the question to the HLPARB.
C. 
Architectural Review For Properties Constructed During Or Prior To 1945. No person shall alter the exterior appearance of any building without first obtaining a Certificate of Appropriateness from the Historic Landmarks Preservation and Architectural Review Board (HLPARB). In reviewing applications for a Certificate of Appropriateness, guidelines established in Section 400.1270 shall be used.
D. 
Architectural Review For Properties Constructed After 1945. Every application for a building permit for construction of, additions to, and exterior alterations of, any building in the district shall be submitted to the HLPARB for review and approval. In reviewing applications for a Certificate of Appropriateness, guidelines established in Section 400.1270 shall be used.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.350 "HDD" Historic Downtown District. [1]

[R.O. 2009 §156.068; CC 1981 §30-39(h); Ord. No. 77-31, 7-5-1977; Ord. No. 80-47, 4-9-1980; Ord. No. 82-29, 4-21-1982; Ord. No. 83-2, 1-5-1983; Ord. No. 83-17, 3-2-1983; Ord. No. 87-35, 2-13-1987; Ord. No. 91-3, 1-16-1991; Ord. No. 92-321, 12-23-1992; Ord. No. 93-291, 12-22-1993; Ord. No. 98-209, 5-15-1998; Ord. No. 02-54, 3-6-2002; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "HDD" Historic Downtown District is to protect the district from alterations, additions or demolitions which would be detrimental to property values and its character as a pedestrian-oriented, historic commercial area.
B. 
Permitted Uses. Any use, accessory use or conditional use permitted in the zoning district in which the premises are situated and upon which the Historic Downtown District is superimposed including single-family dwellings.
C. 
Building, Sign And Occupancy Permits.
1. 
No person shall be permitted to build, erect, construct, alter, destroy or remove buildings or structures, including signs, or in any way change the outward appearance of any building or structure in the Historic Downtown District overlay without having obtained a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board (HLPARB). The painting of buildings does not require a Certificate of Appropriateness when colors listed on the approved color chart are utilized.
2. 
No building permit, sign permit or certificate of occupancy shall be issued for any building or structure within the Historic Downtown District unless the applicant shall furnish with an application for such permit a copy of any necessary certificate of appropriateness.
D. 
Lighting. All outdoor, temporary, decorative lighting must obtain a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board prior to installation, except from November fifteenth (15th) through January fifteenth (15th), at which time only white non-twinkling, non-chasing miniature lights will be allowed.
[1]
Cross Reference—As to penalty, §400.1890.

Section 400.360 "FPD" Frenchtown Preservation District.

[R.O. 2009 §156.069; Ord. No. 97-50, 1-31-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 03-216, 9-3-2003; Ord. No. 03-279, 10-23-2003; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purposes of the "FPD" Frenchtown Preservation District are to preserve buildings, structures and sites valued for cultural and historic reasons; preserve properties which provide a strong sense of place and community; maintain an aesthetically pleasing area by limiting incongruous alterations; and retain unique community assets for economic expansion.
B. 
Determination Of Historically Contributing Properties. Using the following criteria, the Department of Community Development staff shall determine which properties within the "FPD" are either contributing or non-contributing. The Department of Community Development shall maintain a map for public review which clearly indicates which properties are contributing and non-contributing.
1. 
Contributing properties. A building, structure or permanently fixed object which meets either of the following criteria:
a. 
Is eligible for listing on the National Register of Historic Places, either individually or as part of a collection; or
b. 
Was present during the period of significance (1830—1940), relates to the documented significance of the district and either possesses historic integrity or is capable of yielding important information about the period.
2. 
Non-contributing properties. Properties other than contributing properties and vacant land.
3. 
Vacant land. For purposes of new construction, vacant land shall be subject to the architectural review process of contributing properties.
C. 
Architectural Review For Contributing Properties.
1. 
No person shall alter the exterior appearance of any building without first obtaining a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board (HLPARB). In reviewing applications for a certificate of appropriateness, design guidelines adopted for the district by City Council shall be used.
2. 
Every application for a building permit for construction of, additions to and exterior alterations of any contributing building or structure and for every new structure shall be submitted to the HLPARB for issuance of a certificate of appropriateness. The painting of buildings does not require a Certificate of Appropriateness when colors listed on the approved color chart are utilized.
D. 
Architectural Review For Non-Contributing Properties. For non-contributing properties as provided by Section 400.340(C), Construction Permits within the Extended Historic Preservation District, every application for a building permit for construction of, additions to and exterior alterations of any building in the district shall be submitted to the HLPARB for review and approval.
E. 
Outdoor Display Of Merchandise. Merchandise may be displayed outside an allowed, licensed business within a commercial zoning district provided the following conditions are met:
1. 
There shall be a continuous, unobstructed four (4) foot wide path from the back of the curb or street if no curb exists; and
2. 
The display of merchandise shall not extend beyond the width of the storefront; and
3. 
Any business that is located on a corner, merchandise may only be displayed in the area along the main entrance; and
4. 
The following items shall be prohibited from outdoor display:
a. 
Household appliances including, but not limited to, items such as:
(1) 
Refrigerators,
(2) 
Washing machines,
(3) 
Dryers,
(4) 
Stoves, etc.
b. 
Household fixtures including, but not limited to, items such as:
(1) 
Sinks,
(2) 
Commodes, etc.
c. 
Automotive parts.
d. 
Lawn equipment including, but not limited to, items such as:
(1) 
Lawn mowers,
(2) 
Trimmers,
(3) 
Tractors,
(4) 
Chain saws, etc.
e. 
Pre-packaged items including, but not limited to, items such as:
(1) 
Food,
(2) 
Paper goods, etc.
f. 
Construction equipment including, but not limited to, items such as:
(1) 
Power or powered tools,
(2) 
Hauling trailers,
(3) 
Earth-moving equipment, etc.
5. 
Merchandise for sale shall not be attached to or hanging from the structure; and
6. 
Merchandise may only be displayed during the business hours of operation.
F. 
A certificate of appropriateness is required for any paint color change on any building or sign that fronts on Second Street within the Frenchtown Preservation District. The HLPARB will consider the selection of colors and how color is applied in color schemes. In general, the HLPARB seeks the use of colors that replicate those used historically. Colors shall be equivalent to or like the colors from one (1) of the following:
1. 
Sherwin Williams Arts and Crafts;
2. 
Sherwin Williams Victorian;
3. 
Benjamin Moore Historical Color Collection; and
4. 
Benjamin Moore Exterior Palettes.
For this purpose, the HLPARB maintains a chart of approved colors.

Section 400.370 "CPD" Commons Preservation District.

[R.O. 2009 §156.070; Ord. No. 97-348, 10-14-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-449, 10-22-1998; Ord. No. 01-175, 8-3-2001; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purposes of the "CPD" Commons Preservation District are to preserve buildings, structures and sites valued for cultural and historic reasons; preserve properties which provide a strong sense of place and community; maintain an aesthetically pleasing area by limiting incongruous alterations; and retain unique community assets for economic expansion.
B. 
Determination Of Historically Contributing Properties. Using the following criteria, the Department of Community Development staff shall determine which properties within the "FPD" are either contributing or non-contributing. The Department of Community Development shall maintain a map for public review which clearly indicates which properties are contributing and non-contributing.
1. 
Contributing properties. A building, structure or permanently fixed object which meets either of the following criteria:
a. 
Is eligible for listing on the National Register of Historic Places, either individually or as part of a collection, or
b. 
Was present during the period of significance (1860—1920), relates to the documented significance of the district and either possesses historic integrity or is capable of yielding important information about the period.
2. 
Non-contributing properties. Properties other than contributing properties and vacant land.
3. 
Vacant land. For purposes of new construction, vacant land shall be subject to the architectural review process for contributing properties.
C. 
Architectural Review For Contributing Properties.
1. 
No person shall alter the exterior appearance of any building without first obtaining a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board (HLPARB). The painting of buildings does not require a Certificate of Appropriateness when colors listed on the approved color chart are utilized. In reviewing applications for a certificate of appropriateness, design guidelines adopted for the district by the HLPARB and City Council shall be used.
2. 
Every application for a building permit for construction of, additions to and exterior alterations of any contributing building or structure and for every new structure shall be submitted to the HLPARB for issuance of a certificate of appropriateness.
D. 
Architectural Review For Non-Contributing Properties. For non-contributing properties as provided by Section 400.340(C), Construction Permits within the "EHP" Extended Historic Preservation District, every application for a building permit for construction of, additions to and exterior alterations of any building in the district shall be submitted to the Historic Landmarks Preservation and Architectural Review Board (HLPARB) for review and approval.
E. 
Design Guidelines. "Design Guidelines for the St. Charles Commons Neighborhood" prepared by the St. Charles Commons Neighborhood Association and dated October 30, 1996, hereby adopted by reference and incorporated as if fully set out herein, are adopted as the design guidelines for the Commons Preservation ("CP") District.

Section 400.380 "LMPD" Landmark Preservation District.

[R.O. 2009 §156.071; Ord. No. 99-261, 7-23-1999; Ord. No. 10-244 §1, 11-18-2010]
A. 
Purpose. The purpose of the "LMPD" Landmark Preservation District is to promote the educational, cultural, economic and general welfare of the community by:
1. 
Preserving the distinctive historic, archaeological and architectural characteristics of St. Charles which represent elements of the City's cultural, social, economic, political and architectural history;
2. 
Fostering civic pride in the beauty and accomplishments of the past as represented in St. Charles landmarks;
3. 
Conserving and improving the value of property designated as landmarks; and
4. 
Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors and shoppers and thereby supporting and promoting business and providing economic benefit to the City.
B. 
Permitted Uses. Any use, accessory use or conditional use permitted in the zoning district in which the premises are situated and upon which the Landmark Preservation District is superimposed.
C. 
Building, Sign And Occupancy Permits.
1. 
No person shall build, erect, construct or alter buildings or structures on the designated property, other than routine maintenance or repairs, without first having obtained a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board. In reviewing applications for certificates of appropriateness, design guidelines approved by the City Council for the property shall be used. Furthermore, no person shall demolish or remove structures, in whole or in part, without first having obtained a certificate of demolition or removal from the Historic Landmarks Preservation and Architectural Review Board. In reviewing applications for a certificate of demolition or removal, criteria provided in Section 400.1280 shall be used. The painting of buildings does not require a Certificate of Appropriateness when colors listed on the approved color chart are utilized.
2. 
No building permit, sign permit, certificate of occupancy or demolition permit shall be issued for any building or structure within a Landmark Preservation District unless the applicant shall furnish with an application for such permit a copy of any necessary certificate of appropriateness or certificate of demolition or removal.

Section 400.390 "FSC/HD" Fifth Street Corridor/Hospital District.

[Ord. No. 12-86 §1, 5-24-2012]
A. 
Purpose. The purpose of the "FSC/HD" Fifth Street Corridor/Hospital District is to promote and facilitate redevelopment, reinvestment and rejuvenation in the Fifth Street Corridor and in the neighborhood surrounding the SSM St. Joseph Medical Center and to achieve the goals and objectives of the master plan for these areas, Sustainable Gateways to the Heart of St. Charles.
B. 
District Boundary. The boundary of the "FSC/HD" Fifth Street Corridor/Hospital District shall be defined as follows:
Beginning at the centerline of Boone's Lick Road and the extension of the Eastern property line of the parcel currently known as 1050 S Fifth Street; thence Northwesterly along the Eastern property line of parcel currently known as 1050 S Fifth Street to the Eastern property line of parcel currently known as 1020 S Fifth Street; thence meandering Easterly and Northerly along the Eastern property line of 1020 S Fifth Street to the Eastern property line of parcel currently known as 1016 S Fifth Street; thence Northeasterly along the Eastern property line of parcel currently known as 1016 S Fifth Street to the extension of the centerline of the alleyway between S Fifth Street and S Fourth Street; thence Northeasterly along the centerline of the alleyway between S Fifth Street and S Fourth Street and its extension to centerline of McDonough Street; thence Northeasterly from the centerline of McDonough Street and the extension of the Eastern property line of 418 McDonough Street to the South Eastern property corner of 418 McDonough Street; thence continuing from the property corner and along the property line of parcel currently known as 418 McDonough Street to the Northern property line of 418 McDonough Street; thence Northwesterly along the Northern property line of parcel currently known as 418 McDonough Street to the extension of the Western boundary of the alleyway between South Fifth Street and South Fourth Street; thence Northwesterly along the alleyway and its extension between South Fifth Street and South Fourth Street to the Southern property line of the parcel currently known as 500 South Fifth Street; thence Easterly along the Southern, Eastern and Northern property line of 500 South Fifth Street to the extension of the Eastern property line of the parcel currently known as 424 Tompkins; thence Northerly and Westerly along the Eastern and Northern property line of the property currently known as 424 Tompkins to the extension of the Eastern property line of the parcel currently known as 423 Jackson Street; thence Northerly along the Eastern boundary line and its extensions to the Southern property line of parcel currently known as 423 First Capitol Drive; thence Easterly and Northerly along the Southern and Eastern property line of parcel currently known as 423 First Capitol Drive to the Southwestern property corner of parcel known as 405 First Capitol Drive; thence Easterly and Northerly along the Southern and Eastern property line of the parcel known as 423 First Capitol Drive to the extension of the Southern property line of the parcel currently known as 6-009D-B087-00-7; thence easterly along the extension and the Southern property line to the Southern parcel line of property currently known as 315 First Capitol Drive; thence Easterly along the property line of parcel currently known as 315 First Capitol Drive to its intersection of the Western property line of the parcel currently known as 301 First Capitol Drive; thence Southerly and Easterly along the Western and Southern parcel line and its extension to the Western boundary line of parcel currently known as 324 S Third Street; thence Southerly, Easterly and Northerly along the Western, Southern and Eastern property lines of parcel currently known as 324 S Third Street to the extension of the southern parcel line of property currently known as 300 South Second Street; thence Easterly along the Southern property line of parcel currently known as 300 S Second Street to the Western boundary line of the alleyway between South Second Street and South Main Street; thence Northerly along the Western boundary line of the alleyway between South Second Street and South Main Street to the Northeastern property corner of parcel currently known as 128 South Second Street; thence Westerly to the Eastern property line of parcel currently known as 131 Jefferson Street; thence Northerly along the Eastern property line of parcel currently known as 131 Jefferson Street to the Southern right-of-way line of Jefferson Street; thence Westerly along the Southern right-of-way line of Jefferson Street to the extension of the Eastern property line of 302 Jefferson Street; thence Northeasterly along the Eastern extension and the Eastern property line of the parcel currently known as 302 Jefferson Street to the Southern alleyway line between Jefferson Street and Washington Street; thence Northwesterly along the Southern alleyway line between Jefferson Street and Washington Street and extending to the Eastern property line of 404 Jefferson Street; thence Northeasterly along the Eastern property line of 404 Jefferson Street to the Southern alleyway boundary line between Jefferson Street and Washington Street; thence Westerly along the Southern alleyway boundary line between Jefferson Street and Washington Street to the Northwestern corner of the parcel currently known as 424 Jefferson Street; thence Southerly along the Western property line of parcel currently known as 424 Jefferson Street and its extension to the Northwestern property corner of the parcel currently known as 112 South Fifth Street; thence from the Northwestern property corner of parcel currently know as 112 South Fifth Street extending across South Fifth Street to the Northern property line of the parcel currently known as 505 Jefferson Street; thence Westerly along the Northern property line of 505 Jefferson Street to the Eastern property corner of parcel currently known as 515 Jefferson Street; thence Westerly and Southerly along the Northern and Western property line of parcel currently known as 515 Jefferson Street and extending across the alley between Jefferson Street and Madison Street to the Northern property line of parcel currently known as 512 Madison Street; thence Westerly along to the Northern property line of parcel currently known as 512 Madison Street to the Northeastern property corner of parcel currently known as 520 Madison Street; thence Westerly and Southerly along the Northern and Eastern property lines of 520 Madison Street and its extension to the Northern property line of parcel currently known as 524 First Capitol Drive; thence Westerly along the Northern property line of 524 First Capitol Drive to the Northeastern property corner of parcel currently known as 546 First Capitol Drive; thence meandering Westerly and Southerly along the Northern and Western property line of parcel currently known as 546 First Capitol Drive to the Northeastern property corner of parcel currently known as 566 First Capitol Drive; thence Westerly and Southerly along the Northern and Western property line of parcel currently known as 566 First Capitol Drive and its extension across First Capitol Drive to the Northwestern property corner of parcel currently known as 571 First Capitol Drive; thence Southerly along the Western property line of parcel currently known as 571 First Capitol Drive to the Northwestern property corner of parcel currently known as 6-009D-B188-00-4; thence Southerly and Easterly along the Western and Southern property line of parcel currently known as 6-009D-B 188-00-4 to the Western property line of parcel currently known as 559 First Capitol Drive; thence Southerly and Easterly along the Western and Southern property line of parcel currently known as 559 First Capitol Drive to the Southwestern corner of property currently known as 555 First Capitol Drive; thence Easterly along the Southern property line of parcels currently known as 555, 547, and 545 First Capitol Drive and extending across South Benton Avenue to the Southern property line of parcel currently known as 529 First Capitol Drive; thence Easterly along the Southern property line of parcels currently know as 529, 527 and 519 First Capitol Drive to the Northeastern property corner of 519 First Capitol Drive; thence extending across alleyway between First Capitol Drive and Jackson Street to the Northern property line of parcel currently known as 531 Jackson Street; thence meandering Westerly, Southerly and Easterly along the Northern, Southern and Eastern property lines of parcel currently known as 531 Jackson Street and extending across Tompkins Street to the Eastern alleyway right-of-way line of alley between South Fifth Street and South Benton Avenue; thence Southerly along the Eastern alleyway right-of-way line between South Fifth Street and South Benton Avenue and extending across McDonough Street to the Northeastern property line of the parcel currently known as 922 South Benton Avenue; thence Southerly along the Eastern property line of parcel currently known as 922 South Benton Avenue to the Northeastern property corner of parcel currently known as 924 South Benton Avenue; thence Southerly and Westerly along the Eastern and Southern property line of parcel currently known as 924 South Benton Avenue to its Southwestern property corner also known as the Eastern right-of-way line of South Benton Avenue; thence Southerly along the Eastern right-of-way line of South Benton Avenue to the Northwestern property corner of parcel currently known as 1100 South Benton Avenue; thence Easterly and Southerly along the Northern and Eastern property line of parcel currently known as 1100 South Benton Avenue to the Southeastern property corner of 1100 South Benton Avenue; thence in a Southerly direction along the Eastern property lines of properties currently known as 1104, 1108, 1112, 1120, 1144, 1148 South Benton Avenue to the Northeastern property corner of the parcel currently known as 6-014A-4309-00-25; thence meandering Westerly and Southerly along the Eastern and Southern property lines of parcel currently known as 6-014A-4309-00-25 to the Eastern right-of-way line of South Benton Street; thence Southerly along the Eastern right-of-way line of South Benton Street and its extension to the centerline of Boone's Lick Road; thence Easterly along the centerline of Boone's Lick Road and back to the point of beginning.
C. 
District Regulations. The regulations governing development and land use within the "FSC/HD" Fifth Street Corridor/Hospital District shall be the St. Charles Gateways Smartcode dated April 9, 2012 which is on file in the City offices as Exhibit A and is incorporated herein by reference.
D. 
Amendments. As the governing code for the "FSC/HD" Fifth Street Corridor/Hospital District, the St. Charles Gateways Smartcode shall be subject to the amendment and modification procedures defined in Article XII: Amendments and Modifications, Sections 400.1010 through 400.1050 inclusive.