[Ord. No. 1212 §1, 9-6-1995]
The following minimum lot areas and lot widths must be provided in the districts indicated:
District
Lot Width in Feet
Lot Area in Square Feet
"R-1"
75
9,000
"R-2"
60
7,200
"R-3"
60
7,200
"C-1"
NONE
NONE
"C-2"
NONE
NONE
"I-1"
NONE
NONE
"I-2"
NONE
NONE
Lot Area Per Family in Square Feet
District
Single-Family
Dwelling
Two-Family
Dwelling
Multiple-Family
Dwelling
"R-1"
9,000
Not Permitted
Not Permitted
"R-2"
7,200
3,600
Not Permitted
"R-3"
7,200
3,600
2,400
[Ord. No. 1212 §1, 9-6-1995]
Where a lot of record at the time of the initial effective date of this Chapter, September 6, 1995; has less area or width than herein required in the district in which it is located, said lot may nevertheless be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1286 §1, 6-22-1998; Ord. No. 2236, 5-24-2021]
A. 
For any platted lot of record before July 1, 1998, the following minimum yards measured in feet shall be provided within the districts indicated below:
District
Front Yard
Side Yard
Rear Yard
"R-1"
15
6
15*
"R-2"
10
6
10
"R-3"
10
6
6
"C-1"
NONE
NONE
NONE
"C-2"
NONE
NONE
NONE
"I-1"
NONE
NONE
NONE
"I-2"
NONE
NONE
NONE
*
Unless the affected lot adjoins an alley, in which event the rear yard requirement shall be five (5) feet.
B. 
For any lot first platted and of record on or after July 1, 1998, the following minimum yards measured in feet shall be provided within the districts indicated below:
District
Front Yard
Side Yard
Rear Yard
"R-1"
25
6
25*
"R-2"
20
6
20
"R-3"
20
6
6
"C-1"
NONE*
NONE*
NONE*
"C-2"
NONE*
NONE*
NONE*
"I-1"
NONE*
NONE*
NONE*
"I-2"
NONE*
NONE*
NONE*
*Unless the affected lot adjoins an "R-1" or "R-2" Residential District, in which event the side yard and rear yard requirements shall be seven (7) feet.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1371 §1, 2-11-2002]
A. 
Chimneys, sills, cornices, overhangs, and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.
B. 
Fire escapes and balconies may project into a yard a distance not to exceed three and one-half (3½) feet.
C. 
Filling station pumps may occupy required yards provided that they are not less than fifteen (15) feet from all lot lines.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (D), regarding detached accessory buildings, was repealed 5-24-2021 by Ord. No. 2235.
E. 
If on the date of initial adoption of this Chapter, September 6, 1995, less than forty percent (40%) of the frontage of a block is as required by this Chapter, the minimum front yard may, at the property owner's discretion, be the average of the existing front yards.
F. 
If any applicable provision of the National Electrical Safety Code or other nationally recognized safety code governing or establishing safety standards for the installation, replacement, operation, or maintenance of public utility lines or piping requires a structure-free zone above, below, or contiguous to an existing utility line or pipe or above, below, or contiguous to the center of an easement for any such public utility, the yard requirement shall be deemed to be the greater of the distances prescribed in the preceding Section 420.620 or as prescribed in such applicable safety code.
[Ord. No. 1212 §1, 9-6-1995]
A. 
Maximum height limits established for buildings and structures are as follows:
1. 
Thirty-five (35) feet in the "R-1" and "R-2" Districts.
2. 
Forty-five (45) feet in the "R-3," "C-1," "C-2," "I-1," "I-2," and "U-1" Districts.
[Ord. No. 1212 §1, 9-6-1995]
A. 
Television, radio and cellular antenna structures may be authorized to a greater height, provided:
[Ord. No. 1919 §1, 1-13-2014]
1. 
The height of the antenna structure does not exceed two hundred (200) feet.
2. 
The setback for the central vertical position of the antenna structure shall be a minimum of thirty (30) feet from all property lines. All rigid radiation elements of the antenna structure shall be set back a minimum of ten (10) feet from all property lines. Guy wires and anchors may be located within such required yards.
3. 
The construction shall be of such a type as may be required by the Zoning Inspector to form a safe and durable structure. Antenna structures shall conform to all other applicable Federal, State and local codes and ordinances.
4. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
ANTENNA STRUCTURE
The rigid portion of the assembly which receives or transmits radio energy, and the mast or tower upon which said assembly is mounted, excluding non-rigid items such as wire, cable transmission lines, guy wires or guy wire anchors.
5. 
If an antenna structure is to be erected such that if the structure were to fall it would fall upon any surrounding property, the written approval of the owner or owners of the adjoining property upon which the structure could fall must be obtained before proceeding with construction; provided, however, that such approval shall not be required if the City’s Building Inspector is provided a statement certified by a duly licensed engineer confirming that the tower shall be designed and constructed to break away or fall upon itself or upon the immediate area, with no impact upon the surrounding properties.
B. 
Church spires, belfries, monuments, water towers, chimneys, stacks and flagpoles may be erected to such height as may be authorized by the Commission.
C. 
Buildings in the “R-3," “C-1," “C-2," “I-1” and “I-2” Districts may be increased in height, provided that each yard is increased by one (1) foot for each foot of height which exceeds the height requirement for the particular district.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §5, 2-23-1999; Ord. No. 1682 §1, 6-11-2007]
The following applies to all properties located in the Historic District or designated as a landmark: No satellite, television or radio antenna may be placed in the front yard of any lot. A satellite television antenna may be placed on a lot only in the rear yard, provided however, that if a television signal cannot be obtained from a rear yard location, the Landmarks Commission shall permit the antenna to be located in the side yard. If such a signal cannot be obtained in either the rear yard or the side yard, the Landmarks Commission shall permit the antenna to be located on the rear side of the roof of any main or accessory building on the lot.
[Ord. No. 1212 §1, 9-6-1995]
A. 
Except as stated in Subsection (B) of this Section, the indicated number of off-street parking spaces shall be provided for each of the following types of uses:
[Ord. No. 1954 §4, 12-8-2014]
Use
Number of Spaces
Dwelling
One (1) space for each dwelling unit
Office and commercial building
One (1) space for each two hundred (200) square feet of floor area devoted to office use or commercial business
Hotel, motel, dormitory, home for convalescent or aged, bed and breakfast home, bed and breakfast inn
One (1) space for each sleeping room or suite
Church, assembly hall, auditorium, theater, cafe, restaurant, mortuary, tavern, night club
One (1) space for each five (5) permanent seats
Wholesale sales office, frozen food locker, furniture store, automobile service garage, machinery and automobile sales facility, public building
One (1) space for each eight hundred (800) square feet of floor space
Bowling alley
Three (3) spaces for each alley
Light and heavy manufacturing plant, commercial bakery, creamery, bottling plant, warehouse, lumber yard, research and testing laboratory
Two (2) spaces for every three (3) employees on the premises on the maximum work shift.
B. 
Exception. There shall be no off-street parking requirements in the "C-1" General Commercial District located within the boundaries of an "HO" Historic Overland District.
[Ord. No. 1954 §4, 12-8-2014]
C. 
Handicapped Parking. In every off-street parking lot having ten (10) or more spaces required by this Section, not fewer than one (1) of such spaces shall be marked clearly as limited to use by handicapped persons only; and in such lots having fifty (50) or more spaces, four percent (4%) of such spaces shall be marked clearly as limited to use by handicapped persons only.
[Ord. No. 1212 §1, 9-6-1995]
A. 
It shall be unlawful to park or store an unlicensed or inoperable vehicle, or any part or component thereof, or any other type of machinery, equipment, junk, or debris of any type in a front or side yard of any lot or tract in Zoning Districts "R-1," "R-2," or "R-3."
B. 
It shall be unlawful to park or store in excess of one (1) unlicensed (if a type required to be licensed by the Missouri Department of Revenue) or inoperable vehicle, or any part or component thereof, on any lot or tract in Zoning Districts "R-1," "R-2," or "R-3," except within a fully-enclosed structure.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1455 §4, 12-13-2004]
At street intersections a triangular area measured twenty (20) feet from the corner along each curb line shall be maintained free and clear of fences, hedges, shrubbery, plantings or signs which would obstruct a driver's vision.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §6, 2-23-1999]
A. 
Home Occupations, When Permitted Without Special Use Permit. A home occupation is permitted without a special use permit if the place where it is carried on and the specific activity conducted therein meet each of the following requirements:
1. 
Not more than a total of eight (8) vehicles per day will stop, in connection with the home business, at the place of business in any one (1) twenty-four (24) hour period. A "stop" of a vehicle shall include parking, stopping to load or unload anything, and stopping to pick up or drop off passengers. Not more than three (3) vehicles shall be parked on the street adjacent to the premises at any one time. Not more than one (1) vehicle licensed for more than twenty-eight thousand (28,000) pounds will stop, in connection with the home business, at the place of business in any one (1) fourteen (14) day period.
2. 
There is no outside storage of anything connected with the business, except one (1) vehicle used in connection with the business. Such vehicle may be no larger than a passenger van or pickup truck.
3. 
No equipment shall be used in connection with the business which creates offensive noise, vibration, smoke, dust, odor, heat or glare.
4. 
The business is conducted indoors or in a back yard or side yard that has privacy from a fence, hedge, or other obstruction to vision which is not otherwise unlawful under this Chapter or this Code.
5. 
The business is operated by a person residing in the dwelling.
6. 
There are not more than two (2) other persons regularly employed at the premises in connection with the business.
7. 
No structural alterations or constructions involving features not customarily found in dwellings are required.
B. 
Examples. Examples of customary home occupations that are typically permitted in accordance with Subsection (A) of this Section without a special use permit include but are not limited to the professional office or studio of an architect, artisan, dentist, physician, engineer, lawyer, accountant, planner, scientist, teacher, musician, beautician, barber or occupations such as handicraft, woodworking, dressmaking, millinery, laundry, preserving home cooking, child care (provided that the business hours do not begin before 6:00 A.M. or continue after 9:00 P.M., the number of children on the premises at any one time, exclusive of resident children of the occupant/ proprietor, do not exceed four (4), and the business is not required to be licensed pursuant to Sections 210.201 — 210.245, RSMo.), and pet grooming (provided that animals shall not be boarded on the premises). This list is not intended to limit the kinds of home occupations that can comply with said Subsection (A) of this Section.
C. 
Special Use Permit, When Required; Standards. Unless a home occupation complies with each of the requirements of Subsection (A) of this Section, no person shall operate a home occupation without first obtaining a special use permit. An application for a special use permit shall be made to the City Clerk upon forms provided by the City Clerk. The Board of Aldermen shall hold a public hearing on such application at its next regularly scheduled meeting, providing that adequate notice thereof may be given as required by law. A special use permit shall be granted by the Board of Aldermen if the following conditions exist:
1. 
The proposed home occupation will not interfere with permitted uses in the neighborhood or make the premises unsuitable for such permitted uses.
2. 
The proposed home occupation will not disturb the peace of the neighborhood.
3. 
The proposed use will not cause any substantial traffic problems.
D. 
Occasional Use. Nothing in this Chapter shall be construed to limit, prohibit or regulate the occasional part-time use of a residence for the purpose of entertaining in connection with business, for the purpose of studying or working on papers brought home from work, or for the purpose of making telephone calls or using a computer in connection with work.
E. 
Exemptions. Nothing in this Chapter shall be interpreted as regulating or prohibiting any of the following:
1. 
Holding a meeting at home for religious purposes;
2. 
Holding a meeting in a home for political purposes; or
3. 
Having a meeting for social purposes.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1268 §1, 12-29-1997; Ord. No. 1495 §1, 4-25-2005; Ord. No. 1676 §1, 5-14-2007]
A. 
Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a building for which the building footings are in place at the time of the initial adoption of this Chapter, provided that the building is substantially completed and occupied within two (2) years after such date of adoption.
1. 
Continued and discontinued use. The lawful use of land or of a building existing at the time of the adoption of this Chapter may be continued, although such use does not conform to the provisions hereof and such use may be extended throughout such portions of buildings as are arranged or designed for such use, provided no structural alterations are made therein. A non-conforming use may be changed to another non-conforming use of a more restricted zoning classification; but a non-conforming use may not be changed to another non-conforming use of the same or less restricted zoning classification. When a non-conforming use has been discontinued for six (6) months or more, it shall not be re-established. When the non-conforming use of a sign or an open storage lot has been discontinued for sixty (60) days or more, such non-conforming use shall not be re-established. When a mobile home or mobile home space located either inside a mobile home court not conforming to the requirements of this Chapter or any other zone except "RP-M" has remained unoccupied for one hundred eighty (180) days or more, such non-conforming use shall not be re-established. (See Section 420.040: General Provisions for mobile home replacement options and requirements.) If changed to a conforming use or more restricted non-conforming use, a non-conforming use may not thereafter be changed back to the former non-conforming use or to another non-conforming use of the same or less restricted zoning classification. If by amendment to this Chapter any property is hereafter transferred to a more restricted district by a change in the district boundaries or the regulations and restrictions in a district are made more restrictive, the provisions of this Chapter relating to the non-conforming use of buildings or premises existing before the initial effective date of this Chapter shall apply to buildings or premises occupied or used at the time of the passage of such amendment.
a. 
Notwithstanding any other provision of this Chapter, any building which, at the time of the adoption of this Chapter, was used, designed, constructed, or altered to provide living accommodations for multiple families as permitted generally within the "R-3" District, although such use does not conform to the provisions applicable to the district in which such building is located, may continue to be held or used for such non-conforming use even though such non-conforming use may be discontinued for six (6) months or more. However, if any such building is thereafter altered to prevent or make impractical the use thereof for multiple-family housing, such building may not later be altered again to re-establish such non-conforming use.
2. 
Repairs and restoration. Repairs and improvements may be made to a non-conforming building or structure, provided that no alterations shall be made, except those required by law or ordinance, unless the building or structure is changed to a conforming or more restricted use; provided that the Board of Aldermen, upon recommendation by the Commission, in case of evident hardship, may permit an enlargement of a non-conforming use not exceeding fifty percent (50%) of the ground floor area or the building. Nothing in this Chapter shall be taken to prevent the restoration, within six (6) months, of a non-conforming building destroyed to the extent of not more than one hundred percent (100%) of its reasonable value by fire, explosion, act of God, or the public enemy, provided that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the six (6) months allowed for reconstruction. Alterations may be made to residences and customary accessory buildings located in a commercial zone even though they may represent non-conforming uses. Enlargement may not exceed fifty percent (50%) of the existing square foot area.
[Ord. No. 1268 §6, 12-29-1997; Ord. No. 1299 §2, 2-23-1999; Ord. No. 1699 §3, 8-27-2007; Ord. No. 1861 §1, 12-12-2011; Ord. No. 1874 §1, 6-20-2012; Ord. No. 1954 §5 12-8-2014; Ord. No. 2012 §2, 6-13-2016]
A. 
The Board of Aldermen may, subject to such protective restrictions as it deems necessary, authorize conditional use permits for any of the uses listed in each district as a conditional use.
B. 
An application for a conditional use permit ("application") may be filed by the owner of the parcel for which the conditional use permit is sought or by any party who is the owner's agent or who has the right to occupy and use the parcel. The application shall be submitted in writing upon a form to be provided by the Zoning Inspector. The application shall describe briefly the proposed use to which the subject property is to be put and shall give such additional information as may be required by the Zoning Inspector for an intelligent understanding of the proposed use.
The application shall be reviewed by the Planning and Zoning Commission (the "Commission") based on the criteria set forth below in Section 420.730(B). All applications shall be considered by the Commission not later than thirty (30) days from the date of filing the same. The Commission shall recommend approval or disapproval of the application and submit a report of its recommendation to the Board of Aldermen. The Commission may also recommend such restrictions upon the grant of the conditional use as may be reasonable under the particular circumstances, provided that the final determination shall be made by the Board of Aldermen. The minutes of the Commission's meeting, which shall include the Commission's findings and recommendations, shall be submitted to the City Clerk no later than thirty (30) days after the meeting of the Commission where the application was considered.
Upon the City Clerk's receipt of the Commission's report and recommendations, or upon the Commission's failure to provide such report and recommendations within thirty (30) days of the date of the Commission meeting where the application was considered, the Board of Aldermen shall proceed to hold a public hearing in relation thereto.
The City Clerk shall give at least fifteen (15) days' notice of the time and place of the Commission meeting. Said notice shall also advise of the time and place of the subsequent public hearing before the Board of Aldermen.
The Board of Aldermen shall render a decision upon the application for a conditional use permit within fifteen (15) days after the conclusion of its public hearing. If the Board of Aldermen finds that the special requirements contained in this Section are or will be satisfied, it will make an order directing the Zoning Inspector to issue, in the name of the Board of Aldermen, a written permit to the applicant therefor setting forth all of the conditions imposed by the Board in its decision.
C. 
Before authorizing the issuance of a conditional use permit, the Board of Aldermen may impose such conditions as will, in the Board's judgment, ensure that:
1. 
The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health or safety;
2. 
The conditional use will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted;
3. 
Adequate utilities, access roads, drainage and other necessary facilities will be provided;
4. 
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
5. 
Adequate measure will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
6. 
The requirements for public services, such as police and fire protection, will not be substantially in excess of the individual demands of adjacent land uses, and the proposed use will not result in a substantial increase in potential or real fire hazards within the neighborhood relative to other adjacent uses;
7. 
The conditional use shall in all other respects conform to the application regulations of the district in which it is located; and
8. 
If the building property is located within a residential district, then in addition to the foregoing conditions:
a. 
There will not be any substantial added ambient noise created by activities associated with the proposed use;
b. 
There will not be any substantial added night lighting, in terms of intensity, duration and frequency of use, in the neighborhood; and
c. 
The general appearance of the neighborhood will not be substantially affected adversely by the proposed use.
D. 
The Board may issue a conditional use permit for such period of time as it finds to be in the public interest. For good cause shown, after a public hearing before said Board upon notice as provided in Subsection A of this Section, the Board of Aldermen may authorize the Zoning Inspector to extend any permit granted hereunder for an additional period as it then finds to be in the public interest, upon the imposition of such original or additional conditions as the Board may find necessary for the protection of the public interest and welfare.
E. 
Prior to the issuance of a conditional use permit for a bed and breakfast inn or guest house in the "R-2" or "R-3" Zoning Districts, the permit required by Code Section 420.050(A) shall be provided.
[Ord. No. 2181, 2-10-2020[1]]
[1]
Editor's Note: Former Subsection (E), which immediately follows, was relettered to (F) upon inclusion of this Subsection (E).
F. 
An application for a conditional permit must be accompanied by a fee of three hundred dollars ($300.00), which sum shall be deposited in the City's General Revenue Fund and shall not be refundable.
[Ord. No. 1699 §4, 8-27-2007]
Any request for the City to vacate any street, alley, easement or public right-of-way or any other property shall be accompanied by a fee of one hundred dollars ($100.00) which shall be paid into the General Revenue Fund of the City and which shall not be refundable.
[Ord. No. 2239, 6-14-2021]
A. 
Purpose. The purpose of this Chapter is to regulate the use of cargo containers to protect the public health, safety, welfare and promote aesthetics in the City.
B. 
Definition Of Cargo Containers.
The term “cargo containers,” for purposes of this Section, includes:
1. 
Railroad cars, shipping containers, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials; and
2. 
Standardized reusable vessels that are:
a. 
Originally designed for or used in the parking, shipping, movement or transportation of freight, articles, goods or commodities; and/or
b. 
Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers” having a similar appearance to and similar characteristics of cargo containers.
C. 
Residential And Commercial Use Properties.
1. 
Cargo containers are not permitted in the "R-1," "R-2" or "R-3" Zoning Districts.
2. 
Cargo containers are not permitted in the "C-1" or "C-2" Zoning Districts unless a permit has been issued by the Board of Aldermen. The following procedures shall govern the application for, and issuance of, all permits.
a. 
All applications for cargo container permits shall be submitted to the Zoning Inspector or his/her designee. An application for construction, creation, installation or placement of a cargo container shall be accompanied by detailed plans, drawings and pictures to show dimensions, design, structure, size and the proposed location for the cargo container. One (1) application and permit may include multiple cargo containers on the same lot.
b. 
The cargo container application shall be reviewed by the Board of Aldermen within thirty (30) days. The Board of Aldermen may place restrictions and conditions on the issuance of the cargo container permit as it considers appropriate, in its discretion.
c. 
The Zoning Inspector shall cause an inspection of the lot for which each permit for a cargo container is issued. The Zoning Inspector shall give the owner or applicant notice of any deficiencies or conditions which do not comply with the permit and shall allow thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse.
d. 
Cargo container permits shall have a maximum term of three (3) years. It is the responsibility of the owner of the property on which the cargo container is placed to apply for a renewal of the cargo container permit.
3. 
Notwithstanding any contrary provisions set forth herein, the temporary placement of cargo containers on residential or commercial zoned properties, or on properties the primary use of which is residential or commercial, for the limited purposes of loading and unloading household contents or the processing of deer shall be permitted for a period of time not exceeding one hundred twenty (120) days in any one (1) calendar year.
4. 
Notwithstanding any contrary provisions set forth herein, contractors may use cargo containers for equipment and/or materials storage during construction which is taking place on the property where the cargo container is located.
5. 
Cargo containers are not allowed on streets, alleys or any other City property or right-of-ways.
6. 
Materials stored within cargo containers are subject to review by the Fire Chief. He/she shall conduct such investigations or inspections and make such recommendations that he/she considers necessary.
D. 
Cargo Containers – Permitted Locations.
1. 
Except as may be provided above, the use of a cargo container as an accessory storage container is limited to the following zoning districts:
a. 
Light Industrial ("I-1").
b. 
Heavy Industrial ("I-2").
c. 
Agricultural ("AG").
2. 
A permit is required prior to placement of any cargo container. The application shall show that the proposed cargo container is accessory to the permitted use of the property and meets the placement criteria for the zone.
3. 
The use of a cargo container in the above-identified zones is permitted only if the property upon which the cargo container is proposed to be located is not primarily for residential or commercial purposes.
4. 
Cargo containers shall not be stacked, except when placed in the Light Industrial District or Heavy Industrial District.
5. 
Cargo containers shall not be used for advertising.
6. 
Cargo containers shall be properly maintained.
7. 
Cargo containers shall meet all setback requirements.
E. 
Current Violations – Time To Comply. All owners of property within the City shall have one hundred twenty (120) days from the effective date of this ordinance (6-14-2021) codified in this Chapter to bring the properties, which currently contain cargo containers that are in violation of the terms of this Chapter, into full compliance with the provisions of this Chapter.
F. 
Conflicts. If any conflict exists between the provisions of this Chapter and other currently existing provisions of the Hermann Municipal Code or other ordinances of the City, the terms and provisions of this Chapter shall take precedence and, to the extent of any such conflict, the terms and conditions of any existing provisions of the Hermann Municipal Code or other ordinances of the City shall be and hereby are amended as necessary to conform to the provisions of this Chapter.
G. 
Violations – Penalties. Violation of this Chapter is a misdemeanor.