[R.O. 2006 §400.200; CC 1986 §42.520]
A. 
Generally. Additional regulations for additional height, area and yard regulations, as hereinafter set forth in this Section, shall qualify and/or supplement, as the case may be, the district regulations appearing elsewhere in the Chapter.
B. 
Additional Height Regulations.
1. 
Single-family dwellings and two-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements for the district in which they are located by not less than ten (10) feet each, but they shall not exceed three (3) stories in height.
2. 
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or future ordinances of the City.
C. 
Additional Area Regulations.
1. 
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.
2. 
More than one (1) industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use requirements.
3. 
The minimum distances between main buildings, where more than one (1) multiple dwelling building is erected upon a single lot, shall be as follows:
a. 
Front to front, seventy (70) feet; front to rear, sixty (60) feet.
b. 
Side to side, one-half (½) the height of the taller building but not less than twenty (20) feet.
c. 
Front to side or rear to side, the height of the taller building but not less than thirty (30) feet.
d. 
Rear to rear, fifty (50) feet.
4. 
Where an open space is more than fifty percent (50%) surrounded by buildings, the minimum width of the open space shall be thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and fifty (50) feet for three-story buildings.
D. 
Additional Yard Regulations.
1. 
In computing the depth of a rear yard, where such yard opens into an alley, one-half (½) of the alley width may be included as a portion of the rear yard.
2. 
Accessory buildings which are not a part of the main building may be built in a rear yard within five (5) feet of the rear lot building line. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard.
3. 
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings, in a rear yard and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches. This requirement shall not prevent the construction of fences not exceeding eight (8) feet in height, except on that portion of lots within thirty (30) feet of the intersection of two (2) or more streets.
4. 
Open or lattice-enclosed fire escape, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five (5) feet and the ordinary projections of chimneys and flues may be permitted by the Building and Zoning Officer.
5. 
For the purposes of side yard requirements, a two-family dwelling shall be considered as one (1) building occupying a single lot.
6. 
An open unenclosed porch not more than one (1) story in height or paved terrace may project into the required front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four (4) feet.
7. 
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the first (1st) (ground) story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
8. 
When forty percent (40%) of a frontage is developed with two (2) or more buildings, then the depth of the front yards heretofore established shall be adjusted in the following manner:
a. 
When the building furthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the average depth of the front yard for such frontage shall be the minimum depth of front yard for new buildings in such block.
b. 
When the above is not the case and the lot is within one hundred (100) feet of an existing building on each side excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is determined by a line drawn from the closest front corners of these two (2) adjacent buildings.
c. 
When neither Subsection (a) or (b) is the case and the lot is within one hundred (100) feet of an existing building on one (1) side only, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is the same as that of the existing adjacent building.
9. 
In all districts a triangular space must be maintained at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three (3) and twelve (12) feet above the established street grade. The street grade shall be measured at the intersection of the centerlines of the intersecting street pavements and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the intersection of the property lines or the property lines extended on the corner of the lot using each of the street right-of-way lines.
10. 
In single-family dwelling districts "R-l" and "R-2", when eighty percent (80%) of the frontage of a block on both sides of the street between two (2) intersecting streets or between an intersecting street and a cul-de-sac has been developed with main buildings and accessory buildings with side yards less than that required by the dwelling district in which said property is situated, then the side yard requirement for any main buildings or accessory buildings in said block shall be the average yard of all parcels of property in said block rather than the side yard set forth in the dwelling district in which said parcel of property is situated. In determining the existing side yard of any developed parcel in order to compute the average herein, the side yard of the main building on any developed parcel shall be used except that when an accessory building exists with a smaller side yard than the main building has, the side yard shall be taken as being the average between the side yard of the main building and the side yard of the accessory building.
[R.O. 2006 §400.210; CC 1986 §42.530]
A. 
General provisions for off-street parking and loading requirements shall be set out in this Section.
B. 
Procedure. An application for a building permit for a new or enlarged building, structure or use shall include therewith a plot plan drawn to scale and fully dimensioned showing any off-street parking or loading facilities to be provided in compliance with the requirements of this Chapter.
C. 
Extent Of Control. The off-street parking and loading requirements of this Chapter shall apply as follows:
1. 
All buildings and structures erected and all land uses shall provide accessory off-street parking or loading facilities as required hereinafter for the use thereof.
2. 
When a building or structure erected or enlarged prior to or after the effective date of this Chapter shall undergo a decrease in number of dwelling units, gross floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when said decrease would result in a requirement for fewer total off-street parking or loading spaces through application of the provisions of this Chapter, off-street parking and loading facilities may be reduced accordingly, provided that existing off-street parking and loading facilities are so decreased only when the facilities remaining would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.
3. 
When a building or structure undergoes any increase in number of dwelling units, gross floor area, seating capacity or other unit of measurement specified hereinafter for required off-street parking or loading facilities and, further, when said increase would result in a requirement for additional total off-street parking or loading spaces through application of the provisions of this Chapter, parking and loading facilities shall be increased so that the facilities would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this Chapter to the entire building or structure as modified.
D. 
Existing Off-Street Parking And Loading Spaces. Accessory off-street parking and loading spaces in existence on the effective date of this Zoning Code shall not be reduced in number unless already exceeding the requirements of this Section for equivalent new construction, in which event said spaces shall not be reduced below the number required herein for such equivalent new construction.
E. 
Schedule Of Requirements. A schedule of requirements shall be as follows:
1. 
Requirements governing the number and location of off-street parking, off-street loading facilities in relation to the use of property are established hereinafter in Subsections of this Section. The off-street parking and loading requirements for any use not specified therein shall be the same as for similar specified use as hereinafter set forth.
2. 
"Floor area" in this Section means the gross floor area of a building or structure used for or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment used for display or any sale of merchandise.
"Floor area", for the purposes of this Section, shall not include any floor space used for storage accessory to the principal use of a building; incidental repairs; stairways and elevators; show windows; rest rooms; utilities; and dressing, fitting or alteration rooms.
F. 
Additional Regulations — Parking. Additional parking regulations shall be as follows:
1. 
Use of off-street parking facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this Section shall be used solely for the parking of passenger automobiles or commercial vehicles of not more than five (5) tons GVW owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants.
2. 
Joint parking facilities. Off-street parking facilities for different buildings, structures or uses or for mixed uses may be provided collectively in any zoning district in which separate off-street parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together is not less than the sum of the separate requirements for each use and not more than three hundred (300) feet from the lot on which the main building is located. In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, a written agreement thereto assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit.
3. 
Not more than fifty percent (50%) of the parking spaces required for (1) theaters and places of amusement and up to one hundred percent (100%) of the parking spaces required for a church or school may be provided and used jointly by (2) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (2) of this Subdivision.
Provided however, that written agreement, assuring the retention of such purpose shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit.
4. 
Control of off-site facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, they shall be in the same possession either by deed or long-term lease as the property occupied by such principal use and the owner shall be bound by covenants filed on record in the office of the Recorder of Deeds and the City Clerk requiring the owner and his/her heirs and assigns to maintain the required number of off-street parking spaces during the existence of the principal use.
5. 
Permitted districts for accessory parking. Accessory parking facilities provided elsewhere than on the same zoning lot with the principal use served in accordance with the requirements below may be located in any zoning district except as follows:
a. 
No parking facilities accessory to a business or manufacturing use shall be located in a residential district except where authorized by the Board of Aldermen as prescribed hereinafter.
6. 
Non-residential parking in residential districts. Accessory off-street parking facilities serving non-residential uses of property may be permitted in any "R" district, when authorized by the Board of Aldermen after review and study by the Planning Commission, subject to the following requirements in addition to all other relevant requirements:
a. 
The parking lot shall be accessory to and for use in connection with one (1) or more non-residential establishments located in adjoining districts or in connection with one (1) or more existing professional or institutional office buildings or institutions, if the parking lot proposed is within three hundred (300) feet of the non-residential use which it is to serve.
b. 
The parking lot shall be used solely for the parking of passenger automobiles.
c. 
No commercial repair work or service of any kind shall be conducted on the parking lot.
d. 
No sign of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on the parking lot and shall not exceed twenty (20) square feet in area.
e. 
Each entrance to and exit from the parking lot shall be at least twenty (20) feet distant from any adjacent property located in any residential district, except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.
f. 
In addition to the foregoing requirements, such parking lots shall conform to any further requirements and conditions as may be prescribed by the Board of Aldermen for the protection of properties adjacent to and in the vicinity of the proposed parking lots.
7. 
Design and maintenance. Design and maintenance of parking spaces shall be as follows:
a. 
Parking space — description. A required off-street parking space shall be an area of not less than one hundred eighty (180) square feet not less than nine (9) feet wide by twenty (20) feet long measured perpendicularly to the sides of the parking space exclusive of access drives or aisles, ramps, columns or office and work areas, accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (1½) ton capacity. Aisles between vehicular parking spaces shall be not less than twelve (12) feet in width when serving automobiles parked at a forty-five degree (45°) angle in one (1) direction nor less than twenty-five (25) feet in width when serving automobiles parked perpendicularly.
b. 
Measurement of space. When determination of the number of required off-street parking spaces results in a requirement of a fractional space, any fraction up to and including one-half (½) shall be disregarded and fractions over one-half (½) shall be interpreted as one (1) parking space.
c. 
Access. Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic and so designed as to permit adequate maneuvering area for vehicles to turn around where only one (1) entry or exit is provided in order that no backing of vehicles into the street is required. No driveway or curb cut in any district shall exceed twenty-five (25) feet in width.
d. 
Signs. No signs shall be displayed in any parking area within any residential district, except such as may be necessary for the orderly use of the parking facilities.
e. 
Striping. All parking spaces shall be properly marked by durable paint in stripes a minimum of four (4) inches wide and extending the length of the parking space.
f. 
Required setback. No parking space nor portion thereof established on the same zoning lot with a building shall be located within a required front yard. No parking spaces nor portion thereof established on a zoning lot without a building shall be located closer to any street line than the established building line on adjacent properties nor closer than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence or hedge developed around any parking area shall be subject to the front yard setback requirements of this Chapter in the same manner as a building or structure.
g. 
Surfacing. All open off-street parking areas, except those accessory to single-family dwellings, shall be improved with a compacted base, not less than four (4) inches thick, surfaced with not less than one and one-half (1½) inches of asphaltic concrete or some other comparable all-weather, dustless material.
h. 
Lighting. Any lighting used to illuminate an off-street parking area shall be arranged so as to reflect the light away from all adjoining properties.
i. 
Stormwater. Adequate stormwater drainage facilities shall be installed in order to insure that stormwater does not flow onto abutting property or abutting sidewalks in such a way or quantity that pedestrians using the sidewalk would be detrimentally affected or inconvenienced. The City Engineer shall approve all such facilities.
G. 
Parking areas shall be located as follows:
1. 
Extent of control. Off-street automobile parking facilities shall be located as hereinafter specified where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking area to the nearest entrance of the building that the parking area is required to serve.
a. 
For one-family and two-family dwellings — on the same lot with the building they are required to serve.
b. 
For three-family and four-family dwellings not over two (2) stories in height, row dwellings not over one and one-half (1½) stories in height on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a group of such uses constructed and maintained under a single ownership or management shall be assumed to be on a single lot or parcel of land.
c. 
For clubs, hospitals, sanitariums orphanages, homes for the aged, convalescent homes and for other similar uses, the off-street parking facilities required shall be on the same lot or parcel of land as the main building or buildings being served or upon properties contiguous to the zoning lot upon which is located the building or buildings they are intended to serve.
d. 
For uses other than those specified above, off-street parking facilities shall be provided on the same lot or parcel of land as the main buildings being served or on a separate lot or parcel of land not over one thousand (1,000) feet from any entrance of the main buildings measured from the nearest point of the parking area, provided the separate lot or parcel of land intended for the parking facilities is located in the same district as the principal permitted use or in a less restricted district.
H. 
Schedule of off-street parking requirements shall be as follows:
1. 
One-family and two-family dwellings. One (1) parking space for each family dwelling unit behind the building line.
2. 
Three- or more family dwellings. One and one-half (1½) parking spaces for each family dwelling unit.
3. 
Bowling alleys, recreation centers, swimming pools, skating rinks and other recreation and amusement facilities. One (1) parking space for every five (5) customers computed on the basis of maximum servicing capacity at any one time plus one (1) additional space for every (2) persons regularly employed on the premises.
4. 
Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and similar organizations. One (1) parking space for every fifty (50) square feet of aggregate floor area in the auditorium, assembly hall and dining room of such building plus one (1) additional space for every two (2) persons regularly employed on the premises.
5. 
Funeral homes and undertaking establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for every two (2) persons regularly employed on the premises and one (1) space for every four (4) seats in the auditorium or chapel of such establishment.
6. 
Hospitals. One (1) parking space for each bed intended for patients, excluding bassinets, plus one (1) per doctor plus one (1) per three (3) employees plus one (1) per hospital vehicle.
7. 
House trailers. One (1) parking space for each trailer used for dwelling or sleeping purposes.
8. 
Indoor retail businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus three (3) parking spaces for the first one thousand (1,000) square feet of total area and one (1) additional space for every additional two hundred (200) square feet of floor area.
9. 
Industrial plants and facilities. Parking or storage space for all vehicles used directly in the conduct of such industrial use plus one (1) parking space for every two (2) employees on the premises at maximum employment on a single shift.
10. 
Junior and senior high schools. One (1) parking space for every eight (8) seats available at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space shall be provided for each person regularly employed at such school plus two (2) additional spaces for each classroom.
11. 
Libraries, museums, post offices and similar establishments. Parking or storage space for all vehicles used directly in the operation of such establishments plus three (3) parking spaces for the first one thousand (1,000) square feet of total floor area and one (1) additional space for every additional two hundred (200) square feet of floor area.
12. 
Medical and dental clinics. Three (3) spaces for each doctor plus one (1) additional space for every two (2) regularly employed.
13. 
Motels and hotels. One and one-half (1½) parking spaces for each sleeping room offered for tourist accommodation plus one (1) space for each dwelling unit on the premises.
14. 
Nursing homes. One (1) parking space for every two (2) beds occupied at maximum capacity plus one (1) space for every two (2) regular employees. This requirement is in addition to the parking space requirements for hospitals set forth in Subparagraph (6) of this Subsection.
15. 
Offices. One (1) parking space for every three hundred (300) square feet of office space.
16. 
Outdoor retail businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment and such additional space as may be required by the Planning Commission based on the nature of the business and other relevant factors.
17. 
Public and private elementary schools. One (1) parking space for each person regularly employed at such school plus one (1) additional space for each classroom.
18. 
Public garages. Indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business plus three (3) parking spaces for each person regularly employed on the premises.
19. 
Repair shops, plumbing shops, electrical shops, roofing shops and other service establishments. Parking or storage space for all vehicles used directly in the conduct of the business plus two (2) parking spaces for each person regularly employed on the premises.
20. 
Restaurants and other eating and drinking establishments. One (1) parking space for every two hundred (200) feet of total floor space.
21. 
Self-service laundries. One (1) space for every two (2) washing machines.
22. 
Service stations. Parking or storage space for all vehicles used directly in the conduct of the business plus one (1) parking space for each gas pump, three (3) spaces for each grease rack or similar facility and (1) space for every two (2) persons employed on the premises at maximum employment on a single shift.
23. 
Theaters, auditoriums, churches, stadiums, civic centers and other places of public assembly. One (1) parking space for every six (6) seats available at maximum capacity.
24. 
Transportation terminals. One (1) parking space for every one hundred (100) square feet of waiting room space.
25. 
Universities, colleges, junior colleges, technical schools and academies and similar institutions of higher learning. One (1) parking space for every six (6) seats occupied at maximum capacity in the assembly hall, auditorium, stadium or gymnasium of greatest capacity on the campus; if the institution has no assembly hall, auditorium, stadium or gymnasium, one (1) parking space shall be provided for each person regularly employed at such institution plus five (5) additional spaces for each classroom.
26. 
Warehouses, freight terminals and trucking terminals. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person regularly employed on the premises.
27. 
Wholesale businesses. Parking or storage space for all vehicles used directly in the conduct of such business plus two (2) parking spaces for each person employed on the premises based on maximum seasonal employment.
I. 
Design and schedule of off-street loading and unloading space shall be as follows:
1. 
Loading berth — description. An off-street loading berth shall be a hard-surfaced area of land, open or enclosed, other than a street or public way, used principally for the standing, loading or unloading of motor trucks, tractors, so as to avoid undue interference with the public use of streets and alleys.
2. 
Location. No permitted or required loading berth shall be closer than fifty (50) feet to any property in a residential district unless completely enclosed by building walls or a uniformly painted solid fence or wall or any combination thereof not less than six (6) feet in height. No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets. Loading berths open to the sky may be located in any required yards.
3. 
Measurement of berth. When determination of the number of required off-street loading berths results in a requirement of a fractional berth, any fraction up to and including one-half (½) shall be disregarded and fractions over one-half (½) shall be interpreted as one (1) loading berth.
4. 
Surfacing. All open off-street loading berths shall be improved with a compacted base, not less than seven (7) inches thick, surfaced with not less than two (2) inches of asphaltic concrete or some comparable all-weather dustless material.
5. 
Every building or structure used for business, trade or industry shall provide adequate space for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designated, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. At least the following off-street loading and unloading space requirements for specific uses shall be provided as follows:
a. 
Retail businesses and service establishments. One (1) off-street loading and unloading space at least twelve (12) feet by thirty-five (35) feet for every three thousand (3,000) square feet of total floor area.
b. 
Industrial plants. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every ten thousand (10,000) square feet of total floor area.
c. 
Warehouses and wholesale storage facilities. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every seventy-five hundred (7,500) square feet of total floor area.
d. 
Freight terminals and trucking terminals. One (1) off-street loading and unloading space at least twelve (12) feet by fifty (50) feet for every five thousand (5,000) square feet of total floor area.
J. 
Parking of travel trailers, campers, recreational vehicles shall be as follows:
[Ord. No. 1546, 9-19-2019]
1. 
It shall be unlawful for any reason to park any travel trailer, camper or recreational vehicle on any street, alley or highway, or other public place or way, or on any tract of land owned or occupied by a person, except within an approved designated mobile home park or recreational vehicle park, within the City of Willow Springs, except that any person owning any such travel trailer, camper or recreational vehicle shall have the right to park said vehicle upon a premises owned or occupied by the vehicle owner at the owner's place of residence as provided in this Section.
2. 
No person shall occupy any travel trailer, camper or recreational vehicle for living, sleeping, housekeeping, or other dwelling purposes, on any lot or property within the City of Willow Springs, except while temporarily visiting the owner or occupant of such premises and for no greater period of time than set forth herein. In no event shall any travel trailer, camper or recreational vehicle remain upon the property of any resident of the City of Willow Springs for any dwelling purposes of a temporary visitor for a period of time in excess of a total of fifteen (15) days during any continuous sixty (60) day period, except on authority of a special written permit as issued by the City Administrator acting under the authority of the Board of Aldermen.
3. 
Any violation of the provisions set forth herein shall be punishable by a fine not to exceed five hundred dollars ($500.00) nor less than fifty dollars ($50.00) for the first offense, a fine not less than one hundred dollar ($100.00) for the second offense, and a fine not less than two hundred fifty dollars ($250.00) for each subsequent offense. Each day of violation shall constitute a separate offense, punishable under the terms hereof.
[Ord. No. 1430 §I, 4-20-2009; Ord. No. 1482 §I, 6-17-2013]
A. 
This Section contains the minimum regulations for the erection or alteration of fences in the City of Willow Springs.
1. 
General provisions.
a. 
All fences erected or altered in the City shall require a permit and shall be subject to existing and future laws, ordinances and regulations. A fee is required for said permit. Routine maintenance or replacement of an existing fence in the same location does not require a permit.
b. 
All requests for fences shall be reviewed by the Code Official. Applicants shall supply said Code Official with a locator map and other documentation as the Code Official deems necessary. Applications for fence permits may be obtained at City Hall.
c. 
Fence materials must be chain link, plastic or wood and approved by the City Code Official. A fence may not obstruct access to any utility meter, and any meter that requires relocation must be done so at the property owner's expense and with the consent of the City. Existing fences that obstruct access to utilities may be removed at any time as needed for repair or maintenance of utilities. Removal, repair and replacement of any existing fence removed to repair or maintain utilities shall be at the expense of the property owner. The City shall have no obligation to repair or replace any fence so removed.
d. 
No person shall erect or cause to be erected, maintain or cause to be maintained, any fence or enclosure any part of which is charged with or designed to be charged with electrical current except in the Non-Urban District in conjunction with an agricultural use.
e. 
No provision of these fence requirements shall be construed as the right of the property owner to erect a fence on a public easement for any purpose. It shall be the responsibility of the property owners to insure that a fence does not block or obstruct the flow of stormwater.
f. 
All fences erected prior to enactment of this Section shall be considered non-conforming and as such shall be allowed to remain in place.
2. 
Fence regulations for "R" residential districts.
a. 
The use of barbed-wire or single-strand wire fences shall not be permitted in residential districts.
b. 
The owners of residential properties shall be responsible for maintaining fences on their property, and to remove any fence if it becomes unsightly or a menace to public safety, health or welfare.
c. 
Fences shall not extend beyond the front building line.
d. 
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.
e. 
Fences shall be erected around swimming pools according to the adopted building codes of the City.
f. 
The finished side of a fence must be facing outside toward the neighbor's property.
3. 
Fence regulations for all "C" commercial and industrial districts.
a. 
Fences shall be limited to six (6) feet. However, fences to a maximum of eight (8) feet in height may be permitted for security purposes by the Planning and Zoning Administrator. A request stating the reason must be made in writing by the property owner. Also, barbed wire shall be permitted only if the lowest strand is at least seven (7) feet above grade and when used for security purposes in addition to a regular fence.
[R.O. 2006 §400.220; CC 1986 §42.540]
A. 
Community unit plan shall be provided as follows:
1. 
The owner or owners of any tract of land in any district zoned for residential purposes comprising an area of not less than four (4) acres may submit to the Board of Aldermen a plan for the use and development of all such tract of land or residential purpose. Such development plan shall be referred to the Planning Commission for study and report and for public hearing.
2. 
If the Planning Commission approves the development plan, it may then be approved by the Board of Aldermen after public hearing and fifteen (15) days' notice giving time and place and purpose in a newspaper circulated in the City and zoning certificates, building permits and certificates of occupancy issued therefor even though the use of land and the use and location of structures do not conform to all the regulations contained in other Sections of this Chapter. Such development plan shall not be approved except under the following conditions:
a. 
Under the development plan, the property adjacent to the area included in the plan be properly safeguarded.
b. 
The plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
c. 
The buildings shall be used only for residential purposes and the usual accessory uses, such as garages, storage space and community activities, including churches.
d. 
The average lot area per family contained in the size, exclusive of the area occupied by streets, shall not be less than the lot area per family of the zoning district in which the development is located.
e. 
At least two hundred fifty (250) square feet of area per family unit be set aside and maintained for playground recreational area.
f. 
Assurance shall be required from the developer that the project will be used for the specified purposes and the Board of Aldermen may require an agreement restricting the area to such uses, which agreement may be recorded in the Deed Records of Howell County, Missouri.
[R.O. 2006 §400.145; Ord. No. 1331 §2, 10-13-2003; Ord. No. 1398 §2, 1-16-2007]
A. 
Adult businesses are permitted in only districts zoned "I-1" and by special use permit subject to the following conditions and in no other areas:
1. 
Special conditions.
a. 
No adult business shall be permitted within one thousand (1,000) feet of any religious institution, school, public park or any property zoned for residential use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school, public park or the property zoned for residential use.
b. 
No adult business shall be allowed to locate or expand within three hundred (300) feet of any other adult business or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult business. The distance between any two (2) adult businesses or between an adult business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.
c. 
Direct access to and from the adult business shall not be provided from a residential street.
d. 
The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.
e. 
The facility on which the use is located and the parking for such facility shall have a front yard setback of twenty (20) feet, a side yard setback of ten (10) feet and a rear yard setback of ten (10) feet.
f. 
All off-street parking shall conform to the Code. Off-street parking shall be provided at a ratio equal to that required for other comparable commercial businesses.
g. 
All landscaping and screening requirements of the Code shall be observed.
h. 
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult business.
i. 
The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length not to exceed a total of fifty (50) feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting, which leaves the impression of motion or movement, shall be permitted.
j. 
Lighting in the parking area must provide a minimum light level of one-quarter (0.25) foot-candles over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line.
k. 
An application for an adult business license shall be submitted simultaneously with the application for special use permit.
2. 
Site plan required. Each application for a special use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
a. 
The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.
b. 
The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties.
c. 
The site plan shall delineate existing rights-of-way and easements.
d. 
The site plan shall delineate the general location and width of all proposed streets and public rights-of-way such as alleys, pedestrian ways and easements.
e. 
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Subsection (1)(e) of this Section.
f. 
The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.
g. 
The site plan shall delineate the location, number of parking spaces and the proposed parking and loading ratio and its location and requirements in accordance with Subsection (1) of this Section.
h. 
The site plan shall delineate all points of access and egress in accordance with Subsection (1)(c) of this Section.
i. 
The site plan shall present in tabular form the proposed net density of the use providing the number of seats, employees or other applicable units of measure.
j. 
The site plan shall delineate the gross floor area of the building or structure.
k. 
The site plan shall detail the proposed states of construction for all land in development and improvements within the proposed district.
l. 
The site plan shall describe the landscaping to be provided.
m. 
The site plan shall delineate the proposed exterior lighting in accordance with Subsection (1)(j) of this Section.
n. 
The site plan shall delineate the proposed architectural details of the facility in accordance with Subsection (1)(h) of this Section.
o. 
The site plan shall indicate the signage in accordance with Subsection (1)(i) of this Section.
p. 
The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
q. 
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Section.
3. 
Definitions. For the purposes of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:
ADULT BUSINESS
Any business:
a. 
That has as a significant purpose the sale, barter or rental of merchandise or media that is intended for use in connection with specified sexual activities or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or
b. 
That has as one (1) of its business purposes:
(1) 
The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
(2) 
The providing of services that are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas or allow participation in specified sexual activities.
c. 
The definition of "adult business" also includes, but is not limited to:
(1) 
Businesses that provide entertainment including, but not limited to:
(a) 
ADULT ENTERTAINMENT BUSINESSAny business to which the public, patrons or members are invited or admitted, and where "adult entertainment" is provided.
(b) 
The definition of "adult entertainment business" includes, but is not limited to, an establishment with a screen or projection areas, where a significant portion of its business is the exhibition to patrons of films, videotapes or motion pictures, where materials are displayed or live performances occur, which are intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and establishments where a significant portion of the business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
(2) 
Businesses that provide services including, but not limited to:
(a) 
BATHHOUSEMeaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
(b) 
ADULT MOTELMeaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six (6) hours at a time.
ADULT ENTERTAINMENT
Any exhibition, performance, display or dance of any type including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing or any service offered for amusement on a premises:
a. 
Where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or
b. 
If the entertainment involves a person who is nude or in such attire, costume or clothing as to expose specified anatomical areas to view, even if completely and opaquely covered.
CONTAGIOUS AND COMMUNICABLE DISEASES
Those diseases which are set out in the Missouri Statutes and regulations.
EMPLOYEE
Any and all persons, including, but not limited to, managers, entertainers, servers and independent contractors, who work in or at or render any services related to the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity at any adult business.
MINOR
Any person less than eighteen (18) years of age.
OPERATE
To own, conduct or maintain the affairs of an adult business.
PATRON
Any person who enters an adult business without regard to whether a purchase is made from the adult business or compensation is paid to the adult business or any employee of the adult business for merchandise, entertainment or service.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity or other entity or group of persons, however organized.
SERVER
Any person, other than an entertainer, who serves food or drink at an adult business.
SIGNIFICANT PORTION OR SIGNIFICANT PURPOSE
a. 
Twenty-five percent (25%) or more of the sales or gross receipts, measured in dollars over any consecutive ninety (90) day period, derived from such items or use;
b. 
Twenty-five percent (25%) or more of the number of sales transactions, measured over any consecutive ninety (90) day period, of such items or use;
c. 
Twenty-five percent (25%) or more of the dollar value of all merchandise displayed at any time attributable to such items;
d. 
Twenty-five percent (25%) or more of all inventory consists of such items at any time;
e. 
Ten percent (10%) or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) devoted to such use or items at any time.
SPECIFIED ANATOMICAL AREAS
a. 
Uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple or any combination of the foregoing; or
b. 
Human male genitals exposed or in a discernibly erect state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, including actual or simulated acts of human masturbation; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires; or any sadomasochistic abuse or acts involving animals or any latent objects or artificial device or inanimate objects in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires.
4. 
Licensing and fees. Licensing and fees shall be located under Title VI Business and Occupation, Section 605.120: Adult Business Licensing and Fees.