City of Harrisonville, MO Supplementary Regulations

Are limited to the sale of lawful goods and services;

May involve having more than one (1) client on the property at one (1) time;

Do not cause a substantial increase in traffic through the residential area;

Do not violate any parking regulations established by the political subdivision;

Occur inside the residential dwelling or in the yard of the residential dwelling;

Are not visible from the street; and

(7)

Do not violate any narrowly tailored regulation established under Subsection (A)(4) of this Section.

A political subdivision may establish reasonable regulations on a home-based business if the regulations are narrowly tailored for the purpose of:

Protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control; or

Ensuring that the business activity is compliant with State and Federal law and paying applicable taxes.

No political subdivision shall require a person, as a condition of operating a home- based business, to:

Rezone the property for commercial use;

Obtain a home-based business license; or

Install or equip fire sprinklers in a single-family detached residential dwelling or any residential dwelling with no more than two (2) dwelling units.

Whether a regulation complies with this Section is a judicial question. Section 89.500, RSMo., Home-based work — limitation on zoning restrictions.

As used in this Section, the term "home-based work" means any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

A zoning ordinance or regulation adopted pursuant to this Chapter that regulates home-based work shall not:

Prohibit mail order or telephone sales for home-based work;

Prohibit service by appointment within the home or accessory structure;

Prohibit or require structural modifications to the home or accessory structure;

Restrict the hours of operation for home-based work; or

Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure.

A zoning ordinance or regulation adopted pursuant to this Chapter that regulates home-based work shall not contain provisions that explicitly restrict or prohibit a particular occupation.

10.

The application of this Section does not supersede any deed restriction, covenant, or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.

11.

The following conditions and restrictions apply to such home occupations:

Traffic And Parking. If parking for a home occupation occurs in a manner or frequency which causes disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best operated in a commercial district rather than as a home occupation and will no longer be permitted as an accessory use.

Changes To Exterior. The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a business operation.

Nuisance Controls. A home occupation shall not create noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting which would be in excess of that created by a single residential dwelling. The production, dumping or storage of combustible or toxic substances shall not be permitted on-site. Additionally, a home occupation shall not create interference with, or fluctuations of, radio or television transmission or reception.

Signage. No signage or other forms of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the yard of a residence, except as permitted by Chapter 435, Sign Regulations.

Other Regulations. Home occupations shall comply with all other local, State or Federal regulations pertinent to the activity pursued, and the imposition of requirements under this Chapter shall not be construed as an exemption from such regulations.

For the purpose of defining the occupancy limit for the residential dwelling, herein referenced in the applicable State Statues, the occupancy limit shall be as stated in the City of Harrisonville's adopted Building Code, the ICC International Building Code, one (1) occupant per two hundred (200) square feet, of owner or tenant controlled, occupiable building or space, not including common areas of rented or leased spaces, as per IBC, Chapter 10, Table 1004.5.

Sales of lawful goods and services by home-based businesses shall be by appointment only and within the home or accessory structure only. Any modifications or alterations to structures which would normally require a building permit shall require the home-based business owner to apply for a building permit before commencing with any such work.

No home-based business activity may be undertaken which is visible from the street or public way. No equipment or materials used in a home-based business or occupation may be stored outside of the residence or accessory buildings.

All home-based businesses shall be prohibited from any business activity which compromises the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control.

All home-based businesses shall be required to comply with all State and Federal laws and pay all applicable taxes and fees. Any home-based business which chooses to apply for a City of Harrisonville business license, for any reason, shall comply with Chapter 605 of the Harrisonville Municipal Code.

Types of businesses specifically prohibited from home-based business status include, but are not limited to, manufacturing, providing, or selling of any intoxicating liquor, cigarettes or any tobacco products, amusements, pawn brokers or small loan establishments, massage services, health care services, adult businesses, and tattooing or body piercing or body branding.

Any home-based businesses which cause any substantial increase, at any time, in traffic through a residential area, or causes any violations of any City of Harrisonville parking regulations, is prohibited.

Any home-based businesses which cause any violations of Harrisonville Municipal Code, including, but not limited to, Chapters: 200, 205, 208, 210, 215, 220, 225, 230, 240, 245, 250, 255, and 260, is prohibited.

No home-based business which sells goods or services to clients by appointment shall operate this aspect of the business outside of normally accepted business hours of 8:00 A.M. to 6:00 P.M., Monday through Saturday and 12:00 P.M. to 6:00 P.M., Sunday. In person client transactions outside of these hours will be determined to change the residential character of the residential building and adversely affect the character of the surrounding neighborhood and will be prohibited.

Detached Accessory Building(s).

For any "R-1," "R-1B," "R-1M," "R-2," or "R-2B" zoned lot, two (2) detached accessory building(s) may be permitted, one (1) of the two (2) may be an accessory dwelling unit for any "R-1" or "R-1B." Except that properties zoned "R-1" of one and one-half (1.5) acre or larger in size may have one (1) additional detached accessory structure, provided all setbacks are met and the lot coverage requirement is not exceeded. For any "R-3" or "R-4" zoned lot, one (1) or more detached accessory buildings may be permitted. Accessory structures are permitted as long as said structure complies with the standards outlined within the Zoning Code of Ordinances for the City of Harrisonville ("Code"), as enacted from time to time. A detached accessory building shall be located not less than eight (8) feet from any side or rear lot line and no closer to the front of the building than eight (8) feet. Accessory buildings required to be supported by a concrete foundation shall not be located within a dedicated easement of any kind. The accessory building shall be complementary with construction type, style and color of the primary structure. In the case of corner lots, accessory buildings shall be set back not less than the distance required for residences from side streets. Lot coverage for the house and any accessory structure shall not exceed thirty-five percent (35%). All accessory structures are to be approved by the Director of Community Development. Any appeals shall be directed to the Board of Aldermen and that action shall be final.

[Ord. No. 3669, 10-16-2023]

For any "C-1," "CBD-1," "C-2," and "CBD-2" zoned lot, one (1) detached accessory building not to exceed two hundred (200) square feet may be permitted in the side or rear yard providing it is set back not less than eight (8) feet from any side or rear lot line and no closer to the front of the building than eight (8) feet. Any existing or future accessory building, whether for storage or for sale, on any property of which any portion of the property is in the flood zone, will require a building permit and must also be anchored to grade to resist the effects of buoyancy, dislocation, or movement causing damage to property or public facilities; elevation of flood waters; or create a hazardous condition to any person or property.

In any residential district, on-site temporary storage units may not be located on any lot for more than forty-five (45) days within any twelve-month period. Said units must be located on paved off-street surfaces. No such unit shall block any sidewalk, easement, right-of-way, or be located within any sight triangle as defined in Section 410.160 of the Municipal Code. Doors must always be secured except during times of loading and unloading. No such unit shall be located on any undeveloped lot.

Intermodal Containers. This Section clarifies the allowable uses for intermodal containers, also known as "connex, mobile, and shipping containers." The following regulations shall apply to proposed and existing containers being used in the City of Harrisonville prior to the adoption of this Section.

[Ord. No. 3677, 12-4-2023]

Use.

Prohibited. Containers are prohibited in all residential districts.

Temporary. Containers may be used temporarily when tied to an active building permit.

Conditional. Industrially or commercially zoned properties that utilize containers shall do so for storage purposes only. The following conditions and restrictions shall apply:

Appearance. Said container(s) shall be painted to be compatible with the building being served.

Maximum Number. The maximum number of containers conditionally allowed shall not exceed two (2).

Screening. Containers shall be screened from view from any public right-of-way, which is not located at a significantly higher elevation, such that no more than twenty percent (20%) of the structure shall be visible from any adjacent right-of-way.

Permit Required. Such structures shall not be considered legal unless they have an approved permit.

Codes. All other City codes shall be followed, including, but not limited to, lot coverage and setbacks.

Special Use Permit. A special use permit shall be required for any commercial business to utilize containers for seasonal sales events.

Location Drawing Required. A drawing shall be submitted using aerial imagery to depict where on the property the containers will be located. The drawing shall be provided to the Community Development Department for the purposes of reviewing with other departments to determine adequate life safety measures. Location approval is determined by the City Fire Marshal in conjunction with the Community Development Department.

Containers shall not be stacked.

Placement. Said units may not be placed directly on soil or in grassy areas and shall not be placed within any easement on the property. Containers shall be located no closer than fifty (50) feet from any public right-of-way.

Screening is not required for containers tied to an active building permit.

Proximity to right-of-way exceptions will be granted by the Community Development Department when containers are tied to an active building permit.

Containers tied to an active building permit may not be placed in grassy areas and shall not be placed within any easement on the property. No such unit shall block any sidewalk, right-of-way, or be located within any sight triangle as defined in Section 410.160 of the Municipal Code. Doors must always be secured except during times of loading and unloading.

City Fire Marshal approval is required for storage of certain items. The property owner shall also provide a method of labeling the containers in accordance with the adopted Fire Code and its referenced standards to the materials being stored. City Fire Marshal is to approve the labeling prior to installation.

Doors must always be secured except during times of loading and unloading.

Any existing or future containers on any property of which any portion of the property is in the flood zone will require a building permit and must also be anchored to grade to resist the effects of buoyancy, dislocation, or movement causing damage to property or public facilities; elevation of floodwaters; or create a hazardous condition to any person or property.

Fence Regulations.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

DECORATIVE FENCE

A decorative fence shall be of open construction of at least fifty percent (50%). Materials allowed for construction of a decorative fence are brick or stone walls, split rail, wood rail, wrought iron, vinyl, square tubing and/or metal pipe.

FENCE HEIGHT

The vertical distance measured from the top of the fence to ground level adjacent to the exterior of the fence.

OPEN WIRE FENCE

Materials allowed for construction of an open wire fence are chain link and metal posts.

PRIVACY FENCE

An enclosure presenting a solid appearance used as a boundary, means of protection, privacy screening or confinement. Walls and fences shall be constructed of high-quality materials, such as decorative blocks, brick, stone, treated wood, vinyl and ornamental metal. Other materials will be considered on a case-by-case basis. Maximum board width for wood is twelve (12) inches.

SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Permit Required. It is unlawful to erect any fence in the City of Harrisonville without first obtaining an approved building permit from the Community Development Department. A building permit is required to construct or replace a fence when:

A new fence is being constructed.

An existing fence is being extended.

An existing fence is being replaced with a new fence that is a different size, at a different location, or of a different material.

More than fifty percent (50%) of the linear length of an existing fence section (side or rear yard) or more than fifty percent (50%) of the entire fence is being replaced.

Permit Fee. The fee for submitting a building permit application shall be in accordance with Municipal Ordinance Section 500.030.

General Construction Regulations.

All fences shall be constructed in a workmanship-like manner with a finished surface facing outward from the property, all horizontal and vertical support is to remain inside the fenced area.

A maximum fence height of six (6) feet shall be permitted in the side and rear yards only.

Only decorative fencing material is permitted in the front yard setback with a maximum height of forty-two (42) inches.

Screening material of any type shall not be woven through or attached to a chain link fence in any residential zoning district. Barbed wire shall only be permitted in non-residentially zoned areas atop security fences that measure at least six feet in height.

In areas zoned for agricultural use that do not abut a residentially zoned area, electrically charged fences and barbed wire fences are permitted at any height.

All exposed metal, except galvanized metal, shall have a colored finish coat.

No more than two (2) different types of fencing material are permitted for construction.

Fence location. Fencing, screening, and the like shall only be erected per the following:

No fence shall be constructed within the required sight triangle.

Fences are permitted within a platted easement if there are no plat restrictions prohibiting fences in an easement and the property owner removes the fence, or portion thereof, necessary for the City or utility company to gain access to the easement for maintenance purposes. Should the property owner fail to remove the fence sections located within the easement, the City or utility company may do so.

No fence shall be installed or maintained within any drainage way, detention facility, or engineered swale which will create ponding on adjacent property, divert water onto the adjoining property, or impede drainage.

On corner lots, a privacy fence, chain link fence, decorative fence, wall, or hedge may be constructed or planted to a maximum height of six (6) feet abutting the front yard setback line in the rear yard of the home. For the purposes of this Section, the rear yard is defined as the side of the house opposite the front door. (See figure 1.)

If all the following conditions apply to a corner lot, then the privacy fence, chain link fence, decorative fence, wall or hedge may be installed to a height of six (6) feet abutting the property line in the rear yard of the structure. (See figure 2.)

If the rear yard of a corner lot is adjacent to the rear yard of another corner lot.

The front of each home on each lot faces in opposite directions.

There is no driveway to either home from the street adjacent to the side yard of both lots.

On double-frontage lots whose rear yard abuts an arterial, collector or local street, a privacy fence, chain link fence, decorative fence, wall or hedge may be constructed or planted to a maximum height of six (6) feet abutting the rear property line, provided the fence, wall or hedge does not encroach into a platted landscape buffer, sight triangle, right-of-way or easement and there is no direct access to the arterial or collector road.

In the front yard setback, fences shall not be placed any closer than six (6) feet to the street right-of-way.

Fence Maintenance.

All fences shall be maintained in their original upright condition.

Fences with a painted or similar surface finish shall be maintained in their original condition.

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

Nonconforming. Any fence legally erected prior to the date of adoption of this Section, and not in compliance with the provisions of this Section, shall be considered a non-conforming structure. Repairs to a non-conforming structure are permitted, however where fifty percent (50%) or more of the linear length of an entire fence or fence section is being reconstructed or replaced, such fence or fence section shall comply with current adopted Municipal Code.

Sight Triangle.

No sign, fence, wall, shrub or other obstruction with a height between two (2) feet and eight (8) feet shall be located in a sight triangle.

Sight triangles must be provided at all street intersections and the intersection of a vehicular access way or driveway and a street.

The sight triangle includes the area created by the street right-of-way lines extending thirty (30) feet from their intersection. Where a street right-of-way intersects a vehicular access way or driveway, the sight triangle includes the area created by the street right-of-way line and the edge of the drive extending thirty (30) feet from their intersection.

When an arterial street intersects another arterial street or railway, the sight triangle is increased to fifty (50) feet from the intersection of the right-of-way lines.

The City of Harrisonville is authorized to trim, remove or order removal of structures, signs, landscaping, or other materials that violate this Section.

Additional Uses. A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, provided that the articles produced or constructed are not sold on the premises. Such additional uses as private swimming pools, gardens, home composting, customary pets, television and radio antennae not exceeding sixty (60) feet in height, signs as permitted by ordinance, parking areas, play equipment, and other similar uses shall be allowed. Any accessory use which exceeds ten (10) feet in height shall be located a distance inside the property line at least equal to one-third (1/3) its height.

[Ord. No. 3677, 12-4-2023]

Storage Of Equipment, Vehicles, Or Recreational Vehicles.

In any zoning district, parking or storage of vehicles is permitted only:

On a driveway; or inside a completely enclosed structure; or

On a paved or impervious surface; or

In the rear of the building.

The vehicle does not have to be upon a paved or impervious surface if it is shielded from public view.

No vehicle may be parked or stored on the grass in the front yard area.

No vehicle may be parked or stored in rights-of-way, unless parking is allowed, and rights-of-way areas are paved or approved gravel surfaces.

No vehicle may be parked or stored in any public easement.

Recreational vehicles may not be occupied within the City limits for living, sleeping, or cooking purposes for more than fourteen (14) days in a calendar year, unless approved by a special use permit.

Off-street parking areas must be used solely for the parking of operable motor vehicles for patrons, occupants, or employees of the use to which the parking area serves.

Stored vehicles or equipment shall not protrude into public property or obstruct sidewalks.

No vehicle shall be parked or stored on an undeveloped lot.

Exceptions may be granted with prior approval from the Code Enforcement Officer or Building Official.

Commercial Vehicle Parking In Residential Zones.

It shall be unlawful to park or store any commercial vehicle which is licensed for over twelve thousand (12,000) pounds on any street or highway or public or private property in any residentially zoned district within the City of Harrisonville, Missouri. In no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted in a residential zoned district. Other vehicles specifically prohibited from parking on any street or highway or public or private property in any residentially zoned district are: Flatbed trucks, dump trucks, utility wreckers, boom trucks, bucket trucks, tandem axle trucks, cab and chassis trucks. This does not preclude the parking of standard pickups. Exception: Limited parking is permissible during loading and unloading or during the time necessary to carry out a service upon property in the block the vehicle is parked, and the parking of construction vehicles on an active construction site is also permitted. A "commercial vehicle" is any motor vehicle used in or by a business in furtherance of the business or any vehicle licensed as a commercial vehicle.

The operation or use of a motor vehicle in violation of the provisions of this Section shall be prima facie evidence that said motor vehicle was at the time of such violation controlled, operated and used by the owner thereof.

If any vehicle is found in violation of any provision in this Section, the owner or person in whose name said vehicle is registered in the records of any City, County, or State shall be held prima facie responsible for such violation, if the driver thereof is not present.

Districts "R-3" And "R-4." In the "R-3" and "R-4" Districts, permitted accessory uses are as follows: parking areas, signs as permitted by ordinance, recreation areas, including tenant-used swimming pools and minor recreation buildings, trash collection enclosures, power generators, vending machines for tenant use and other similar uses.

Districts "C-O" And "C-I." In the "C-O" and "C-1" Districts, accessory uses are as follows: parking areas, signs as permitted by ordinance, vending machines, private garages for motor vehicles, apartment for maintenance personnel, low-level exterior lighting, radio, television or microwave antennae not exceeding sixty (60) feet in height, flagpoles, cooling towers and other similar use.

Districts "CBD-1," "CBD-2" And "C-2." In the "CBD-1," "CBD-2" and "C-2" Districts, permitted accessory uses are as follows: parking areas, signs as permitted by ordinance, flood lighting and other similar uses. In "C-2," washing and other passenger car cleaning shall be permitted as an accessory use in service stations.

Districts "M-1" And "M-2." In the "M-1" and "M-2" Districts, permitted accessory uses are as follows: parking and loading areas, signs as permitted by ordinance, security and screen fencing, radio and microwave towers to heights as set out in this Chapter, gate house, loading equipment, employee recreation and other similar uses.

Motor Hotels. The following are accessory uses within a motor hotel: a restaurant, banquet rooms, liquor, notions and magazine counters, vending machines, beauty and barber shops, flower and gift shops, provided all are within the main building and designed to serve primarily the occupants and patrons of the motor hotel.

Hospitals. The following are accessory uses in connection with a hospital: Residential quarters for staff and employees, nursing or convalescent quarters, storage and utility buildings, food service and vending machines, laundry and other similar services for hospital personnel, visitors and patients.

Utility Buildings. Outside storage of materials and equipment is an accessory use in connection with utility buildings, provided all outside storage is screened from view from off the premises. Any of the accessory uses listed in this Section may be specifically prohibited or further controlled by restrictions written into the special use permit prior to its being approved.

Accessory Utility Facilities. Accessory utility facilities shall be allowed in all districts only pursuant to the provisions of Section 405.551 of the City Code.

Electric Vehicle Charging Stations.

Commercial electric vehicle charging stations, defined as an installation for the retail sales of electric vehicle charging services, and pursuant with Section 386.020(15)(c), RSMo., shall be permitted in any "R-4" Zoning District apartment complex, any "C" Zoning District or any "M" Zoning District.

Individual privately owned or leased electric vehicle charging stations, defined as an installation for the sole use of the electric vehicle owner or lessee, shall be permitted in any zoning district.

Commercial electrical vehicle charging stations shall be required, as any other retail sales business, to have a current City business license, pursuant to Chapter 605, Licenses, of the Municipal Code, and shall apply for a City commercial occupancy permit upon changes in ownership.

Initial electric vehicle charging station installations, both commercial electric vehicle charging stations and individual electric vehicle charging stations, shall apply for a building permit for installation and construction, inspection, and final approval, and shall obtain approval for electric utility service from the City of Harrisonville Electric Department.

Section 405.551 Accessory Public Utility Uses and Facilities — All Districts.

[Ord. No. 3038 §2, 6-2-2008]

Every public utility, cable company, video services provider providing services by use of facilities within the City shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below ground facilities, that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas. Unless otherwise required by law, accessory utility facilities shall not include fire hydrants, street lighting facilities, traffic signals, mail depositories or other approved facilities owned by the City, State or Federal Government. Except where limited by other provisions of City ordinance, accessory utility facilities shall be subject to the following supplementary regulations:

Approval — design — location — application — notice. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Section and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all property owners within one hundred eighty-five (185) feet of the location of the proposed construction, excavation or other work. Such notice shall include a detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration of the proposed work. Notice shall be given at least five (5) business days prior to the commencement of any such work. In considering individual applications or multiple location applications, the City shall review the request to ensure the proposed accessory utility facilities do not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood, taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, accessory utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.1(3), RSMo., the time, method, manner and location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

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

All such facilities shall be placed underground, except as otherwise provided in Subsections (3) and (4) herein or as approved by special use permit.

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

Abandoned facilities shall be removed within thirty (30) days thereafter at the cost of the utility. All facilities for which use has commenced shall be deemed abandoned after six (6) continuous months of non-use. Land from which abandoned facilities are removed, whether private or public property, shall be restored within thirty (30) days of removal by the facility owner or have costs of such remedies charged to the facility owner. The facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.

Unless otherwise restricted, utility poles for authorized above ground lines or facilities may be permitted up to thirty-five (35) feet in height, except for arterial roads where such poles may be authorized on one (1) side of such roads at up to sixty (60) feet in height, where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.

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

Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be remedied by the facility owner within thirty (30) days of such damage; provided that nothing herein shall apply to landscaping or improvements installed or maintained without authorization of the City or in violation of any easement rights of the facility owner.

No facility may be located so as to interfere or be likely to interfere with any public facilities or use of public property or contrary to any site distance regulation of the City.

All such facilities proposed to be located within a historic district or upon a historic landmark shall be required to obtain a certificate of appropriateness in accordance with the provisions set forth in Article XVI of this Chapter 405 of the City Code.

All utility facilities not authorized by this Subsection or specifically addressed elsewhere in this Code shall be authorized only by a special use permit pursuant to Section 405.525 of the City Code.

Residential districts. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than three and one-half (3.5) feet in height and covering less than eight (8) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Non-residential districts. In non-residential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger facility shall be installed underground or authorized to be installed above ground only by special use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities taller than three (3) feet in height or covering in excess of four (4) square feet in area. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, repair, maintenance or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from:

Any public property, and

More than two (2) residential dwelling units.

Any required screening shall be completed within the timeframe set forth in the permit required under this Section or not less than thirty (30) days from issuance of the permit, if not otherwise stated. Where the ground facility serves exclusively one (1) or more homes directly adjacent to the facility and is not a common facility, the City may waive the landscaping requirement.

Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law or to the extent City Officer charged with enforcement reasonably determines that public safety would be negatively impacted by any specific application.

Section 405.555 Prohibited Uses.

[Ord. No. 1825, 5-13-1991; Ord. No. 3632, 2-21-2023]

No lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any of the following uses: abattoirs; composting, fertilizer manufacture; dumping, reduction or incineration of garbage, offal or refuse; storage, curing or tanning of raw hides or skins; refining of petroleum or coal oil; salt works, stockyards or slaughter of animals or fowl; creosote manufacture or treatment; distillation of bones, fat rendering, glue manufacture.

Section 405.560 Height and Area Exceptions.

[Ord. No. 1825, 5-13-1991]

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

Height.

In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding one hundred (100) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Parapet walls and false mansards may extend not more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, finials, tanks, grain elevators, stacks, storage towers, radio transmitter towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and other necessary mechanical appurtenances may be erected as to height in accordance with other local regulations and in conformance with air space regulations relative to any affected airport.

Yard Exceptions.

Residential districts. In Districts "E", "R-1", "R-2", "R-3" and "R-4", where lots comprising forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets (excluding reverse corner lots) are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage, provided that the Board of Adjustment may establish a reasonable setback in case of hardship or where the configuration of the ground and buildings is such as to make conformity with the front yard requirements impractical.

"C-O" To "M-2" Districts. In Districts "C-O" to "M-2" inclusive, where buildings located in the same block on the same side of a street have provided front yards of greater or less depth than herein required, the Board of Adjustment may establish setbacks for buildings or structures constructed hereafter.

Official Line For Future Widening Or Opening Of Street. Where an official line has been established by the Board of Aldermen or State Highway Commission for future widening or opening of a street upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.

Required Yard Or Court To Be Open — Exceptions. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into a minimum yard more than twenty-four (24) inches; and provided further that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard and existing open porches extending into the required yard shall not be enclosed.

Fire Escapes And Stairways. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard. A below grade exterior stairway shall have a rail not less than three (3) feet in height surrounding the below grade area.

Rear Yards In "C-1" To "M-2" Districts. No rear yard shall be required in Districts "C-1" to "M-2", inclusive, on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.

Through Lot With One End Abutting A Limited Access Highway. A through lot having one (1) end abutting a limited access highway, or thoroughfare with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

Dwellings On Small Lots.

A single-family dwelling and customary accessory structure may be erected on any single lot of record at the effective date of this Zoning Ordinance, notwithstanding the limitations imposed by other provisions of the Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

Under this provision for small lots, the minimum lot area may be reduced up to thirty percent (30%) with the approval of the Planning and Zoning Commission.

All front, rear and side yard requirements shall be met unless varied by the Board of Adjustment.

Section 405.565 Design Standards.

[Ord. No. 1825, 5-13-1991; Ord. No. 3107 §§10 — 11, 10-19-2009; Ord. No. 3452, 11-5-2018; Ord. No. 3669, 10-16-2023]

Applicability. The following regulations are applicable to the construction and exterior appearance of all commercial, office, industrial and multi-family developments hereafter erected, constructed, altered or repaired.

Purpose. The purpose of the following regulations is to:

Protect property values, enhance community appearance, and preserve neighborhood character.

Encourage developers to create more attractive, efficient, and pedestrian-friendly living, shopping, and working environments.

Increase beauty and quality of community life by improving the character of building exteriors and surroundings.

Increase beauty and quality of employees' working and leisure-time experiences by improving the pedestrian environment and exterior building character in office, commercial, and industrial districts.

Site And Building Design.

The form and proportion of buildings should be consistent with the scale, form, and proportion of other development within the immediate surrounding area.

The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate to the rhythms established by adjacent buildings.

Care should be exercised to coordinate final grades and site arrangement with those of adjoining properties and streets.

Buildings shall incorporate four (4) sided architecture. Horizontal and vertical elements shall extend completely around the building and utilize the same, compatible, or complimentary materials on all building facades.

Consistent architectural design, including building materials and colors, should be carried throughout larger developments. Designs should provide visual interest and variety yet be consistent with the architectural character of the area.

A facade consisting of a single undifferentiated plane with a single texture or color, excluding windows, doors or overhead doors, is prohibited.

Building Materials.

Materials requiring low maintenance are recommended over high maintenance materials. For instance, materials with integral color are generally recommended over materials that require painting.

High-quality materials that are durable, economically maintained, and will retain their appearance over time include, but are not limited to: brick, glass, stucco, natural and fabricated stone, treated wood, integrally colored, textured or glazed concrete masonry units (CMUs), prestressed concrete systems, water-managed Exterior Insulated Finish Systems (E.I.F.S.), or similar durable and visually pleasing materials.

Allowed building materials shall include:

Masonry. Brick, stone, concrete masonry units (CMUs) with split-face, fluted, scored or other rough texture finish (specifically excluding smooth finish CMU or concrete brick, i.e., "Cherokee block," with the color and texture of clay brick).

Concrete. Precast, exposed aggregate, cast in place, or tilt up panels provided a rough texture is present or to be added.

Stucco. Including E.I.F.S., Dryvit, but excluding premanufactured panels.

Structural Clay Tile. Excluding glazed surface finish.

Glass. Glass curtain walls, glass block, excluding mirror glass which reflects more than forty percent (40%) of incident visible light.

Metal. Used only in an incidental role, i.e., trim, architectural features, standing seam metal roofing or other architectural metal siding or roofing.

Exterior building materials shall be continued down to within nine (9) inches of finished grade on any elevation. Exterior masonry materials shall be continued to the top of grade.

If E.I.F.S. or wood is the primary material utilized on a building, the bottom three (3) feet of the building shall be constructed of brick, stone or other similar material.

The use of metal siding is permitted only in industrial districts and only for side and rear facades. The materials used on the front facade shall be incorporated into any facade visible from a public street to break up the monotony of those facades.

The use of corrugated metal panels, with a depth of less than three-quarter (3/4) inch or a thickness of less than the U.S. Standard twenty-six-gauge, shall be prohibited.

The use of unpainted panels, excluding panels made from copper, weathered steel, or stainless steel, shall be prohibited. The color finish of metal panels and exposed fasteners shall have extended durability with high resistance to fade and chalk.

Corrugated metal facades shall be complemented with masonry, whether brick, stone, stucco or split-face block. Architectural metal panels may be an acceptable substitute for masonry.

Parking. Shall be required for all structures erected. For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered except in District "CBD-1," off-street parking in the form of garages or open areas made available exclusively for that purpose shall be provided. Such parking spaces shall be located entirely on private property with no portion except the necessary drives extending into any street or other public way. Where an existing building or use has insufficient parking at the time of passage of this Section or any amendment thereto, said building may be enlarged or use intensified only if adequate parking is provided for the entire building and all uses on the property in accordance with the requirements of this Section. Parking shall be provided as specified below:

Minimum Parking Required by Use
Use Category/Specific Use	Minimum Parking Spaces Required
Residential
Assisted-living facility	1/dwelling unit (DU)
Efficiency or studio unit	1/dwelling unit (DU)
Elderly/disabled	1/dwelling unit (DU)
Loft dwelling	1/dwelling unit (DU)
Manufactured home park	2/manufactured home
Multi-family dwelling	1.5/dwelling unit (DU)
Single-family dwelling	2/dwelling unit (DU)
Two-family or duplex dwelling	2/dwelling unit (DU)
Institutional
Auditorium/public assembly	1 for 4 seats allowed under maximum occupancy
Church, synagogue, place of worship	1 for 3 seats, or 1 per 12 feet of pew, or 1/30 sq. ft. in the largest assembly room
Civic clubs, fraternal lodges	4/1,000 sq. ft. of GFA
Community center	2.5/1,000 sq. ft. of GFA
Hospital	1 per 3 beds + 1 per 2 staff or visiting doctors
Library, museum, cultural exhibit	2.5/1,000 sq. ft. of GFA
Post office	1/1,000 sq. ft. of GFA
Public safety services (fire, police, ambulance)	1/1,000 sq. ft. of GFA
School — elementary, junior high and equivalent parochial	2/classroom
School — high schools, colleges and other educational institutions for students of driving age	12/classroom + 1 for each 2 employees
Commercial
Adult business	2.5/1,000 sq. ft. of GFA
Amusement center, recreational attraction, roller skating, or ice skating rink	6/1,000 sq. ft. of GFA
Animal services (boarding, grooming, and veterinary)	2.5/1,000 sq. ft., not including animal pen areas
Athletic fields/stadiums	1 for 4 seats
Automobile, truck, recreational vehicle, manufactured home sales/rental/service	2/1,000 sq. ft. of indoor sales area + 1/2,500 sq. ft. of outdoor display + 3/service bay
Automotive supplies	3/1,000 sq. ft. of GFA
Bar	1/employee on maximum shift + 1 for each 4 seats or building capacity as determined by Building Code
Barber/beauty shop or salon	3/employee on maximum shift
Boarding/rooming house	1 per guest room + 1/employee on maximum shift
Body shop	10/1,000 sq. ft. of GFA in the building, exclusive of basement storage areas, + 1 for each employee
Bowling alley	5 for each lane
Car wash	1/employee on maximum shift
Contractor's supplies and equipment, sales and service	2.5/1,000 sq. ft. of indoor sales area
Convenience store/gas station	1/bay + 1/pump island, minimum 6 spaces
Crematorium	1 per 4 employees
Day care center	2.5/1,000 sq. ft. of GFA
Driving range, golf course	1/tee; 4/green
Drugstore	2/1,000 sq. ft. of GFA
Financial institution	4/1,000 sq. ft. of GFA
Funeral home	1 per 3 seats + 1/30 sq. ft. of assembly area with no fixed seats
Furniture or carpet store	1.5/1,000 sq. ft. of GFA
Greenhouse, nursery	1/employee on maximum shift + 4/1,000 sq. ft. of floor area accessible to the general public + 4/1,000 sq. ft. of general office space
Grocery store/specialty market (not a supermarket)	4/1,000 sq. ft. of GFA
Group boarding home	1.5/employee on maximum shift
Hardware/paint store	1/1,000 sq. ft. of GFA
Health club or fitness center	4/1,000 sq. ft. of GFA
Home improvement superstore	3/1,000 sq. ft. of GFA
Hotel/motel with restaurant or lounge open to the public	1.5/room
Hotel/motel with no restaurant or lounge; or with a restaurant or lounge provided for guests only	1/room
Laundry/dry cleaning	1/employee on maximum shift + 4/1,000 sq. ft. of floor area accessible to the general public + 4/1,000 sq. ft. of general office space
Liquor store	2/1,000 sq. ft. of GFA
Miniature golf	15 for each 9 holes
Motor vehicle repair	1/bay + 1/pump island, minimum of 6 spaces
Nursing home	1 per 3 beds + 4/1,000 sq. ft. of office space
Office, general and professional	3/1,000 sq. ft. of GFA
Office, medical/dental	4/1,000 sq. ft. of GFA
Restaurant	10/1,000 sq. ft. of GFA
Retail establishments not otherwise listed	3/1,000 sq. ft. of GFA
Shopping centers (excluding pad sites): 25,000 sq. ft. to 399,999 sq. ft.	5/1,000 sq. ft. of GFA
Shopping centers (excluding pad sites): 400,000 sq. ft. to 399,999 sq. ft.	4.5/1,000 sq. ft. of GFA
Shopping centers (excluding pad sites): 600,000+ sq. ft.	4/1,000 sq. ft. of GFA
Supermarket	5/1,000 sq. ft. of GFA
Swimming pool	1/30 sq. ft. of gross pool area
Theater	1 for each 4 seats + 1 for each employee on maximum shift
Industrial
Freight terminal	1/1,000 sq. ft. of GFA
Frozen food lockers	1/100 sq. ft. of service floor area
Manufacturing/warehouse	1/1,000 sq. ft. of GFA + 4/1,000 sq. ft. of office space
Mini-warehouse/self-storage facility	1/employee + a minimum of 4 customer spaces
Salvage yard	1/10,000 sq. ft. of storage area + 1/employee
Vehicle storage/towing	1 per employee

Rules For Computing Parking Requirements.

Multiple Uses. When a building or development contains multiple uses, the off-street parking requirement shall be calculated for each individual use and the total parking requirement shall be the sum of the individual parking requirements unless the uses operate at different hours and are able to utilize shared parking.

Uses Not Listed. Any use not included in the parking requirements in this Chapter, the Director of Community Development shall establish the parking requirements either based upon a listed use deemed most similar to the proposed use or based upon industry standards. The Director may require the applicant to submit a parking study or other evidence to help determine the most appropriate parking standard for the proposed use.

Dimensions Of Parking And Other Paved Areas. Parking stall dimensions shall be not less than nine (9) feet by twenty (20) feet plus the necessary space for maneuvering into and out of the space. For parking lots the minimum cross dimensions shall be as follows:

90° pattern	Single-loaded aisle — 42 feet wheel stop to opposite curb
90° pattern	Double-loaded aisle — 60 feet wheel stop to wheel stop
60° pattern	Single-loaded aisle — 40 feet wheel stop to opposite curb
60° pattern	Double-loaded aisle — 56 feet wheel stop to wheel stop
45° pattern	Single-loaded aisle — 34 feet wheel stop to opposite curb
45° pattern	Double-loaded aisle — 47 feet wheel stop to wheel stop
Parallel spaces	9 feet by 23 feet each space

Drives to parking areas, service areas, loading docks and other on-site facilities served by or serving motor vehicles shall not exceed thirty-five (35) feet in width measured at a point where drive curbs are generally parallel. Head-in parking, where vehicles use a part of a public street right-of-way for entering or backing from a parking space or where any part of the parked vehicle occupies street right-of-way, shall not be permitted.

Improvement Of Parking Areas.

All parking areas and drives, except as specifically provided for in this Subsection (E)(3)(a), shall be ready for use upon occupying a building and shall be surfaced with a minimum of two (2) inches of hot-mix asphaltic concrete on a minimum four (4) inch compacted stone base or Portland cement concrete paving of equal strength (the "hard surface requirement"). All such drives and off-street areas used by vehicles, except those serving single- and two-family dwellings, shall have curbs. The Director of Codes Administration may grant an extension by issuing a temporary certificate of occupancy when weather conditions are not satisfactory for placing paving materials. Exceptions to the hard surface requirement are specified in Subsections (E)(3)(a)(1), (2), (3), and (4), below. None of these exceptions herein shall relieve the owner, occupant or developer from the requirements of the Americans with Disabilities Act[1] regulations, including hard surfaced parking areas for those with disabilities.

Required Driveway Connection Condition For Any Exception To Apply. Gravel may be used in lieu of the hard surface requirement for the exceptions described in Subsections (E)(3)(a)(2), (3), and (4) of this Subsection(E)(3)(a), providing that any driveway connection from the parking lot to the street is constructed to the standard of the hard surface requirement for at least ten (10) feet in depth from the street for the width of the driveway. Driveways shall also mean drives to parking areas.

Exceptions For Non-Residential Uses. Except as required in Subsection (E)(3)(a)(1), above, existing gravel parking lots with a non-residential use may remain as gravel until a new principal use structure is constructed on the property at which time all parking areas shall meet the hard surface requirement. This exception shall include a property with a previously approved special use permit condition(s), provided the requirements in Subsection(E)(3)(a)(1) are met.

Exceptions For Residential Uses — Single-Family. Except as required in Subsection (E)(3)(a)(1), above, driveways may be gravel for single-family residences that extend more than one hundred (100) feet from the street to the house or accessory structure. This exception shall not apply to zoning districts described in Subsection (E)(3)(a)(4), below.

Exceptions For Residential Uses "R-1B." and "R-2B." Except as required in Subsection (E)(3)(a)(1), above, the following exceptions apply to zoning districts for the Single-Family "R-1B" Near Downtown Single-Family Neighborhood District and "R-2B" Near Downtown Two-Family Neighborhood District:

Existing gravel driveways are not required to be improved when a single-family home is removed and replaced with a new single-family home; and

Single-family residences may have one (1) gravel parking space in the side or rear yard.

[1]

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

No parking spaces shall be located within three (3) feet of an adjoining lot in a District "E" to "R-4" inclusive. Any lights used to illuminate the parking area shall be so arranged as to direct light away from any adjacent premises in a residential district. In addition, the following regulations shall apply:

In Districts "E" to "R-4" inclusive, no parking shall be permitted in the required front yard or within ten (10) feet of a public street, except that parking of motor passenger cars shall be permitted in customary driveways of single- and two-family dwellings.

In District "C-O," no parking area in a front yard shall extend closer than ten (10) feet to the right-of-way and no parking area in a side yard of a corner lot shall extend closer than four (4) feet to a street. In Districts "C-1" to "M-2," no parking area shall extend closer than four (4) feet to a right-of-way measured to the back of the curb of the parking area.

All parking lots and drives leading thereto, except those serving single-family and two-family dwelling, shall have curbs and drainage facilities approved by the City Administrator. Where greater setback requirements do not prevail, the back of the curb of a paved parking area shall not be closer than four (4) feet to a property line, except that in a planned zoning district, the Planning and Zoning Commission and the Board of Aldermen may permit a lesser setback where similar development on an adjoining lot will produce a satisfactory relationship.

The floor area designed and used exclusively for grain storage shall not be included in the parking calculation. Such parking spaces shall be on the premises or on other property within two hundred (200) feet of an employee entrance to the building being served. Each establishment shall also provide adequate loading space within a building or on the premises in such a way that all storage, standing and maneuvering of trucks and other service vehicles shall be off the public right-of-way.

A portion of the parking area required by this Chapter may remain unimproved until such time as the Board of Aldermen deems it must be improved to adequately serve current parking demand. A permit for construction of such delayed improvement may be issued only after the Planning and Zoning Commission and the Board of Aldermen are satisfied that the initial occupancy of the premises will be adequately served by the lesser number of spaces and only after approval by both bodies of a final development plan indicating clearly the location, pattern and circulation to and from the initial and the delayed parking spaces. The land area so delineated for future parking shall be brought to finished grade, be landscaped and shall not be used for building, storage, loading or other purposes.

Screening And Landscaping. All open automobile parking areas containing more than four (4) parking spaces shall be effectively screened on each side adjoining or fronting on any residential or institutional property by a wall or fence not less than five (5) feet high or more than six (6) feet high or a densely planted compact hedge not less than five (5) feet in height.

Landscaping And Screening.

When Required. All plans submitted in support of a building permit application, except for single-family and two-family dwellings and excluding buildings in District "CBD-1," shall hereafter include a landscape plan and include screening where appropriate. All development plans shall include a landscaping plan.

Contents Of Landscaping Plan. All landscaping plans shall include the following information:

North arrow and scale not to exceed one (1) inch equals fifty (50) feet;

Topographic information and final grading adequate to identify and properly specify planting areas needing slope protection;

The location and size of all utilities on the site;

The location of all existing and proposed parking areas, sidewalks, and other paved surfaces;

The location of all existing and proposed buildings and structures;

The location of hose connections and other watering sources;

The boundaries of each required buffer or landscape strip;

The location and mature size of all landscape materials to meet the requirements of this Section, drawn to scale, and a planting schedule indicating plant names (common and scientific), quantities and size at planting;

The location, size, and type of all above-ground and underground utilities and structures with proper notation, where appropriate, so as to identify any safety hazards to avoid during installation of landscaping;

The location, size and common name of all existing plant materials to be retained; and

The location and construction details, including a profile section, of each structure proposed to meet buffering requirements.

Minimum Landscaping Requirements. Landscaping shall be provided for the development or redevelopment of all commercial, industrial, multi-family, and institutional property as provided herein.

General Requirements.

Planting Seasons. Landscaping planted in fulfillment of these regulations shall only be planted during the spring (March 15 through June 15) or fall (September 15 through December 1). Planting at other times of the year may occur after receiving approval from the Community Development Director.

Minimum Plant Sizes. The following are the required minimum plant sizes:

Deciduous trees shall be two-inch caliper as measured at a point six (6) inches above the ground or top of the root ball, at planting.

Evergreen trees shall be five (5) feet in height at planting.

Ornamental trees shall be one-inch caliper as measured at a point six (6) inches above the ground or top of root ball, at planting.

Medium shrubs shall be eighteen- to twenty-four-inch balled and burlapped or two-gallon container.

Large shrubs shall be twenty-four- to thirty-inch balled and burlapped or five-gallon container.

The preservation of existing plant material, when it meets the above minimum requirements and especially trees that are considered significant, is strongly encouraged. Significant trees may be given multiple credits.

The use of native plant materials is strongly encouraged, especially in areas where drainage is a concern and in and around detention or retention areas.

The American Standard For Nursery Stock, published by the American Association for Nurserymen, shall be the standard reference for the determination of plant standards. Publications of the University Extension, University of Missouri System, the Missouri Department of Conservation, and other authorities acceptable to the Director may also be used.

All portions of the site not covered with paving or building shall be landscaped. Open areas not covered with other materials shall be covered with sod. Ground cover shall be utilized on all slopes in excess of 3:1 slope.

(7)

Shade trees shall be planted on all projects and shall include such species as ash, sycamore, maple, oak or comparable trees suitable to the growing environment which prevails.

(8)

No tree shall be planted within the sight triangle of a street or drive intersection or within ten (10) feet of a fire hydrant.

(9)

Only trees ornamental trees [twenty (20) feet or less in height at maturity] may be planted under or within fifteen (15) lateral feet of any overhead utility wire.

(10)

Riparian Protection Buffer. The riparian protection buffer is intended to protect the habitat, wetland, slopes, stream integrity, and features in the immediate vicinity of the riparian area. These areas are typically ecologically rich but sensitive habitats that also serve as critical buffers to sedimentation. The minimum total width of the riparian protection buffer shall be the width of the mapped floodplain, or where the floodplain is not mapped or is narrower than one hundred (100) feet, shall be one hundred (100) feet from the annual high water line (AHWL) on both sides. On residential properties, the minimum width of the riparian protection buffer may be reduced to fifty (50) feet in some locations where the floodplain in that area is less than fifty (50) feet wide, and if an average setback of one hundred (100) feet is maintained across the property as a whole.

(11)

Prohibited Trees. The following trees are prohibited an cannot be used to satisfy the landscaping requirements: Box Elder Maple (Acer Negundo), Catalpa (Catalpa Series), Cottonwood (Populus Deltoids), American Elm (Ulmus Americana), Chinese Elm (Ulmus Parvifolia), Siberian Elm (Ulmus Pumila), Ginko (female only, Ginkgo Biloba), Honey Locust (except thornless varieties, Gleditsia Triancanthos), Silver Maple (Acer Saccharinum), Mimosa (Albexia Julibrissin), Red Mulberry (female only, Morus Ruba), Russian Olive (Elaeagnus Angustifolia), Bolleana Poplar (Populus Alba "Pyramdalis"), Lombardy Poplar (Populus Nigra "Italica"), Silver Poplar (Populus Alba "Nivea"), Osage-Orange (except thornless and seedless varieties, Mulcura Pomifera), Tree of Heaven (Alanthus Altissima).

Interior Landscaping. This includes all landscaping that is interior to the site, such as plantings around the building foundation and parking islands and other open spaces.

Foundational Landscaping. A landscaped area a minimum of five (5) feet wide shall be provided along the foundation of all commercial and institutional buildings, excluding building entrances and loading areas. This landscaped area may count toward the required landscape area for the lot.

Parking Islands. Landscape islands, strips or other planting areas shall be located within the parking lot and shall consist of at least five percent (5%) of the entire area devoted to parking spaces. aisles, and driveways. Every four (4) rows of parking shall include a landscape island of at least ten (10) feet in width. Industrially zoned properties shall be exempt from this requirement. A landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway. The island shall be no less than eight (8) feet wide for at least one-half (1/2) the length of the adjacent parking space. The island shall be planted in trees, shrubs, grass or ground cover, except those areas that are mulched. Tree planting areas shall be no less than ten (10) feet in width. No tree shall be located less than four (4) feet from the back of curb.

Perimeter Landscaping. This includes all landscaping that is located within thirty (30) feet of the property lines, whether street trees or screening between adjacent uses.

Street Trees. Street trees shall be required at a rate of one (1) tree per forty (40) linear foot along any property line that abuts a street or alley, excluding driveways.

Screening Of Adjacent Uses/Districts. Screening shall consist of screening fences, natural screening (earthen berms, shrubs. trees, bushes, etc.) or a combination of screening methods. The screening shall be constructed in such a manner that will protect the visual integrity, sound integrity and overall quality of the adjoining residential areas. The following table establishes which type of screen is required between adjacent uses/districts. To identify the type required, first identify the zoning of the subject lot (the new or expanded use). Then, identify the zoning of each adjacent lot. Types of screens are labeled L, M, and H (low, medium, and high). The types of screens are further described below.

Zoning of Proposed Use or Expansion/Adjoining District	A	E	R-1	R-1B	R-1M	R-2	R-2B	R-3	R-4	C-O	C-1	CBD-1	CBD-2	C-2	M-1	M-2
Agriculture (A)	N/A	N/A	N/A	N/A	N/A	L	L	M	M	M	M	M	M	H	H	H
Estate (E)	N/A	N/A	N/A	N/A	N/A	L	L	M	M	M	M	M	M	H	H	H
Single-Family Residential (R-1)	N/A	N/A	N/A	N/A	N/A	L	L	M	M	M	M	M	M	H	H	H
Near Downtown Single-Family Neighborhood (R-1B)	N/A	N/A	N/A	N/A	N/A	L	L	M	M	M	M	M	M	H	H	H
Manufactured Home Park (R-1M)	N/A	N/A	N/A	N/A	N/A	L	L	M	M	M	M	M	M	H	H	H
Two-Family Residential (R-2)	L	L	L	L	L	N/A	M	M	M	M	M	M	M	H	H	H
Near Downtown Two-Family Neighborhood (R-2B)	L	L	L	L	L	N/A	M	M	M	M	M	M	M	H	H	H
Cluster or Garden Type Residential (R-3)	M	M	L	L	L	L	L	N/A	M	M	M	M	M	H	H	H
Medium Density Apartment (R-4)	M	M	H	H	H	M	M	M	N/A	M	M	M	M	H	H	H
Non-Retail Business (C-O)	M	M	M	M	M	M	M	M	M	N/A	M	L	L	H	H	H
Local Business (C-1)	M	M	M	M	M	M	M	M	M	L	N/A	L	L	L	M	M
Downtown Core Business (CBD-1)	M	M	M	M	M	M	M	M	M	L	L	N/A	L	L	M	H
Downtown Fringe Business (CBD-2)	M	M	M	M	M	M	M	M	M	L	L	L	N/A	L	M	H
Service Business (C-2)	H	H	H	H	H	H	H	H	H	H	M	L	L	N/A	M	M
Limited Industrial (M-1)	H	H	H	H	H	H	H	H	H	H	M	M	M	M	N/A	L
General Industrial (M-2)	H	H	H	H	H	H	H	H	H	H	M	H	H	M	L	N/A

Low-Impact Screen. An open screen between similar land uses. Open screens shall provide an attractive separation between land uses. A low-impact landscape screen shall consist of one (1) of the following options:

Screening Option	Required Quantity
A
Shade trees	1/500 sq. ft.
Ornamental trees	1/750 sq. ft.
Evergreen trees	1/500 sq. ft.
Shrubs	1/500 sq. ft.
B
Shade trees	1/1,000 sq. ft.
Ornamental trees	1/500 sq. ft.
Evergreen trees	1/500 sq. ft.
Shrubs	1/500 sq. ft.
C
Shade trees	1/750 sq. ft.
Ornamental trees	1/750 sq. ft.
Evergreen trees	1/750 sq. ft.
Shrubs	1/200 sq. ft.

Medium-Impact Screen. A landscape screen consisting of seventy percent (70%) semi-opaque screening between land uses which are dissimilar in character. Semi-opaque screening should partially block views from adjoining land uses and create a separation between the adjoining land uses. For medium-impact screens, either a landscape screen or fencing is required. A medium-impact screen shall meet one (1) of the following options:

Screening Option	Required Quantity
A
Shade trees	1/500 sq. ft.
Ornamental trees	1/750 sq. ft.
Evergreen trees	1/300 sq. ft.
Shrubs	1/200 sq. ft.
B
Shade trees	1/1,000 sq. ft.
Ornamental trees	1/500 sq. ft.
Evergreen trees	1/300 sq. ft.
Shrubs	1/200 sq. ft.
C
Shade trees	1/750 sq. ft.
Ornamental trees	0 sq. ft.
Evergreen trees	1/200 sq. ft.
Shrubs	1/200 sq. ft.

High-Impact Screen. A landscape screen consisting of one hundred percent (100%) opaque screening between land uses, which are dissimilar in character. When the proposed plan is considered to have a high impact on surrounding properties or the adjacent property is considered to have an adverse impact, both of the following shall be installed within the thirty-foot landscape area: (1) a six-foot high masonry wall or opaque vinyl fence; and (2) low-impact screening shall be planted on both sides of the wall or fence.

Additional Screening.

Trash Enclosures.

All, new or substantially remodeled, multi-family residential projects, defined as any dwelling unit building with more than two (2) dwelling units, and non-residential projects, shall include, on a landscape plan, a detailed drawing of enclosure and screening methods to be used in connection with all garbage/trash receptacles, garbage collection areas, grease collectors, and trash compactors. For the purpose of this Subsection, "substantially remodeled" shall be defined as any project remodeling in which the valuation of the work involved is equal to or more than thirty percent (30%) of the current year's market value of the building per the County Assessor's office listing. For all remodeled projects which do not meet the threshold of thirty percent (30%) per the above, these properties shall be required to comply with the requirements of Section 240.050(G)(2) of the Municipal Code regarding installation of enclosures.

All garbage/trash receptacles, garbage collection areas, grease collectors, and trash compactors for all residential dwelling unit properties except for single-family and duplex properties and all non-residential uses must be permanently screened from view on all sides by a fence of one hundred percent (100%) opacity and a minimum height of six (6) feet.

Where commercial trash receptacles are used, such receptacles must be screened as follows: All screens for trash receptacles that are part of new construction projects must match the primary color and material of the structure served.

Doors accessing storage areas must remain closed at all times when not being accessed.

Existing trash receptacles of any size, visible from a public thoroughfare must be screened from view of the public way or thoroughfare in compliance with Municipal Code Section 240.050. The screen is to be a wall, solid fence, or natural barrier of a minimum of six (6) feet in height, on any side of the collection area which may be visible from a public way or thoroughfare adjacent to the collection area.

Chain-link and slat screening is only allowed in "M-1" and "M-2" zoning. The screen must be opaque.

No trash receptacle may be located in a front or side yard unless located in an existing enclosure or if the existing developed site does not afford any other option; in such a case, the trash receptacle should be located in the side yard if possible and must comply with the screening requirements of this Section.

The City Administrator, based on the Community Development Department's site inspection and recommendation, will have the authority to grant an administrative variance where it is demonstrated that screening is impossible, or impractical, or would not serve the intent of this Section. After a request, in writing, for such relief, the City Administrator and the Community Development Department will notify the applicant of the determination, in writing, within thirty (30) days.

The wall, fence, or natural barrier shall be maintained in a neat, clean, sanitary, and proper mechanical condition at all times. Such maintenance, shall include, but is not limited to: replacing or repairing any missing or damaged boards, posts, concrete blocks or hinges, painted or stained wooden, metal, or concrete, and screening shall be maintained in a well-painted and stained condition, and removing and replacing any dead or diseased portions of a natural barrier.

The City may require specific maintenance if necessary to eliminate an unsightly or dangerous condition.

Temporary trash receptacles for special events, construction sites, parcel demolition or clean up, and similar, at the discretion of the Building Official or Code Enforcement Officer, are not required to comply with this Section.

Loading Areas. All loading areas abutting a residential district shall be permanently screened from view along the abutting property line(s) by a high impact screen, as defined herein.

Mechanical Equipment. Mechanical equipment may be either roof-mounted or ground-mounted and shall be screened as follows:

Roof-Mounted. All roof-mounted mechanical equipment shall be screened entirely from view by using parapet walls at the same height as the mechanical units; or a solid screen around the equipment that is as tall as the tallest part of the equipment, with the screen an integral part of the building's architectural design; or the equipment setback from the roof's edge so that it is not visible from the public right-of-way.

Ground-Mounted. All ground-mounted mechanical equipment shall be screened entirely from view of the public right-of-way by a masonry wall, solid fence, or natural barrier (landscaping) up to a height of the units to be screened. All screens shall match the primary color and material of the primary structure.

Installation. The Building Inspector shall inspect all landscaping and no final certificate of occupancy shall be issued unless the landscaping is completely installed in compliance with the approved landscape plan.

All landscaping shall be installed according to current accepted planting procedures.

All plant materials shall be free from disease and installed in a fashion that ensures availability of sufficient soil and water to sustain health growth.

All trees shall be staked and include at least two (2) inches of organic mulch over the planting area.

Landscape plant material suitable for planting shall be balled and burlapped or container grown. In all cases, a planting area that is at least twice the diameter of the root system or the container shall be prepared.

Maintenance.

All landscaping materials shall be in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. This shall include, but not be limited to, mowing [of grass of twelve (12) inches or higher], edging, pruning, fertilizing, watering, weeding, and other activities common to the maintenance of landscaping.

All landscaping shall be periodically trimmed so that it does not obstruct any public right-of-way.

Diseased and dead landscape material and damaged non-living materials shall be replaced within sixty (60) days of receipt of notice from the City by materials of equal size, density and appearance as originally required at the time of site plan approval.

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. Lack of such maintenance and replacement shall be deemed a violation of plans approved pursuant to this Chapter.

Lighting.

Existing Outdoor Lighting Fixtures. Outdoor lighting fixtures lawfully existing prior to October 17, 2023, that do not conform to these provisions shall be deemed to be a lawful non-conforming use and may remain. A non-conforming lighting fixture that is changed to or replaced by a conforming lighting fixture shall no longer be deemed non-conforming, and thereafter such lighting fixture shall be maintained in accordance with these regulations.

When Plan Required. A photometric (lighting) plan shall be required for all new development, redevelopment, parking lot development or expansion where outdoor lighting is proposed or when otherwise required by the Director.

Plan Contents. The photometric plan shall be prepared by a lighting professional that is certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a State-licensed professional engineer, architect, landscape architect or land surveyor and shall contain the following information:

Location and limits of the canopy or outdoor display area at a scale of not less than one (1) inch equals fifty (50) feet.

Location And Height Of:

All underside canopy lighting for service stations and service station convenience stores; and

All pole- and building-mounted light fixtures for outdoor display areas; and

All pole lights fixtures for parking lots.

A photometric diagram showing predicted maintained lighting levels produced by the proposed lighting fixtures.

The photometric plan shall indicate foot-candle levels on a ten-foot by ten-foot grid. When the scale of the plan, as determined by the Director, makes a ten-foot by ten-foot grid plot illegible, larger grid spacing may be permitted.

All photometric plans shall provide a breakdown indicating the maximum foot-candle, minimum foot-candle, and maximum average foot-candles.

All photometric plans shall include all structure(s), parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting. The plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The plan shall include all other exterior lighting (e.g., architectural, building entrance, landscape, flag, accent, etc.).

For projects abutting or adjacent to residential properties, a photometric plan providing the as-constructed lighting levels shall be provided to the Director prior to the issuance of a final certificate of occupancy. The as-constructed photometric plan shall indicate the foot-candle levels on a ten-foot by ten-foot grid.

Minimum Lighting Requirements.

Parking Lot Lighting.

Fixtures. Parking lot lighting shall utilize flat lens fixtures with full cut-offs and be mounted to the parking lot light pole at ninety degrees (90°) (horizontal to the ground) and shall be non-adjustable.

Maximum Base Height. Concrete pedestals/bases shall not exceed three (3) feet in height and shall be included in the maximum overall height.

Maximum Height. The maximum overall fixture height, measured to the top of the fixture from grade, shall be thirty (30) feet.

Maximum Foot-candles At Property Lines. The maximum maintained vertical foot-candles at all property lines shall be five-tenths (0.5) foot-candles, measured at three (3) feet above the grade. Exceptions may only be allowed when the abutting property is not residential. Fixtures that project light or glare towards a street right-of-way shall not be permitted.

Maximum Average. The maximum average maintained foot-candles for all parking lots shall be three (3) foot-candles.

Wall-Mounted Lighting.

Fixtures. All building-mounted lighting, excluding accent lighting, canopy lighting or emergency lighting, shall utilize a flat lens with full cut-offs.

Maximum Wattage. Wall-mounted fixtures shall be metal halide or LED and shall not exceed one hundred fifty (150) watts.

Mounting Height. Wall-mounted fixtures shall be attached only to walls, and the top of the fixture shall not exceed the height of the parapet or roof, whichever is greater. For structures within one hundred (100) feet of a residential use and/or district, the mounting height of these fixtures shall not exceed fifteen (15) feet measured from the top of the fixture to grade.

Accent Lighting.

Definition. Accent lighting is defined as any lighting used to accent architectural features, fascia, landscaping, flags, art or other objects for architectural or landscape purposes.

Fixtures. Fixtures used for accent lighting shall be full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated to minimize glare, sky glow and light trespass. All lights shall terminate on opaque surfaces within the property.

Fixture Type Allowed. The following fixture types may be used as accent lighting:

Neon and fluorescent tube lighting when recessed or contained in a cap or architectural reveal. A diffusing or refracting lens that covers the recess, cap or reveal shall be provided.

Floodlights;

Wall sconces or lanterns;

Recessed can lights; or

Any other fixture type that, in the opinion of the Director or designee, meets the intent of this Section.

Maximum Wattage. Fixture wattage shall not exceed one hundred (100) watts for incandescent, twenty-six (26) watts for compact fluorescent, or forty (40) watts for other lighting sources.

Canopy and Drive-Through Lighting.

Canopy and drive-through lighting shall be adequate to facilitate the activities taking place in such locations and shall not be used to attract attention to the business.

Any facility utilizing a canopy or drive-through area such as banks, service stations, convenience stores, car washes, etc., shall comply with the following requirements:

Canopy light fixtures shall be recessed so that the lens cover is flush with he bottom surface (i.e., ceiling) of the canopy.

Indirect lighting may be used where light is beamed upward lighting the underside of the canopy. Such fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy. The underside of the canopy shall be finished with a surface treatment that minimizes the potential of glare.

Lights shall not be mounted on the top or sides (fascias) of the canopy, and the canopy sides or fascias shall not be illuminated except when approved as part of a preliminary development plan or separate sign permit.

Areas under the service station canopy shall be illuminated so that the minimum lighting level is at least ten (10) foot-candles and no more than thirty (30) foot-candles.

Automatic teller machines (ATMs). The lighting around freestanding ATMs shall be a minimum of five (5) foot-candles and not to exceed sixteen (16) foot-candles, measured within a ten-foot radius from the ATM or four (4) foot-candles within a thirty-foot radius.

Outdoor Recreation Lighting.

Lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, special event or show areas, shall meet the conditions in this Section.

Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be mounted, aimed and shielded so that their beams fall within the primary playing area and immediate surroundings.

The main lighting of the facility shall be turned off no more than sixty (60) minutes after the end of an activity or event. A low-level lighting system shall be installed to facilitate patrons leaving the facility, cleanup, nighttime maintenance, etc.

The maximum mounted heights for recreational lighting shall be in accordance with the following:

Football fields: seventy (70) feet;

Soccer fields: seventy (70) feet;

Baseball/softball fields [two hundred fifty (250) feet or greater]: seventy (70) feet;

Baseball/softball fields [less than two hundred fifty (250) feet]: sixty (60) feet;

Little League fields: sixty (60) feet;

(f)

Basketball courts: twenty (20) feet;

(g)

Tennis courts: thirty (30) feet;

(h)

Swimming pools: twenty (20) feet;

(i)

Tracks: twenty (20) feet;

(j)

Horseshoe courts: thirty (30) feet;

(k)

Skate parks: thirty (30) feet;

(l)

Volleyball courts: thirty (30) feet;

(m)

Other recreational activities shall be determined on a case-by-case basis by the Director after consultation with the City's Parks and Recreation Department and/or industry standards. In no circumstances shall heights exceed thirty (30) feet.

The average maintained lighting levels for recreational uses, other than professional sports teams, shall not exceed the following:

Eighty (80) foot-candles in the infield and fifty (50) footcandles in the outfield for baseball/softball/Little League fields. The maximum lighting level to average lighting level ratio shall not exceed 2.0:1.

Eighty (80) footcandles for football/soccer/tennis courts. The maximum lighting level to average lighting level ratio shall not exceed 2.0:1.

Fifty (50) footcandles for basketball courts/tracks. The maximum lighting level to average lighting level ratio shall not exceed 2.0:1.

Twenty (20) footcandles for swimming pools. The maximum lighting level to average lighting level ratio shall not exceed 2.0:1.

Other lighting levels shall be in accordance with IESNA, Illuminating Engineering Society of North America standards.