City of New Haven, MO
Franklin County
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Table of Contents
Table of Contents
[Ord. No. 918 §2, 5-1-2008]
A. 
All accessory structures shall be permitted with the following provisions and requirements:
1. 
Any attached building or structure shall be considered as a part of the principal or main building and conform to all regulations applicable to said principal building.
2. 
In residential zoning districts, accessory buildings or structures shall include, but not be limited to, the following: greenhouses, swimming pools, garages (attached-unattached) and similar uses.
3. 
The minimum distance of an accessory building or structure from any side or rear property line shall be six (6) feet. No accessory building or structure is permitted within the front building setback area.
4. 
No principal building or structure or accessory building or structure shall be located within or partially within a designated utility easement.
5. 
An accessory building or structure in a residential district shall not exceed one-half (½) of the ground floor area of the principal building.
6. 
All accessory buildings shall be ancillary to the main building and use on the subject property; and no accessory building may be used for a separate business or use.
7. 
No accessory building shall be constructed upon a lot until the main building has actually became commenced.
8. 
No accessory building shall be used unless the main building on a lot is completed and in use.
[Ord. No. 918 §2, 5-1-2008]
A. 
Adult-oriented businesses, including businesses limited to twenty-five percent (25%) of the general sales area, shall be limited to the following:
1. 
Such businesses shall not be located within one thousand (1,000) feet of a residential use, churches, schools or another adult-orientated business.
2. 
Such businesses shall be subject to occasional inspections to ensure compliance with ordinance standards.
[Ord. No. 918 §2, 5-1-2008]
A. 
In all residential zoning districts, domestic pets (cats, dogs) may be kept by the occupant of a dwelling unit. These animals may not be used or kept for commercial or resale purposes or so as to cause a public nuisance.
B. 
Animals (horses, chickens, cattle, ducks) may be kept in conjunction with an agricultural operation or riding stable. No stable or shed providing shelter for said animals shall be closer than fifty (50) feet to any property line. In no case shall a horse or pony be kept on a lot of less than one (1) acre.
C. 
No person shall keep any wild or vicious animal for personal use, display or exhibition purposes, whether gratuitously or for a fee. This shall not be construed to apply to zoological parks, performing exhibitions or circuses. No person shall keep or permit to be kept any wild animal as a pet.
D. 
Bees may be kept in any zoning district under the following conditions:
1. 
A minimum lot size of one (1) acre.
2. 
The maximum number of colonies will be limited to three (3) hives.
E. 
Other domestic animals, as defined by the City Code and including, but not limited to, ferrets, hedgehogs and rodents, shall be permitted as pets in residential zoning districts in accordance with the City Code.
[Ord. No. 918 §2, 5-1-2008]
A. 
All new territories which may hereafter be annexed to the City shall be reclassified to a zoning classification according to the following procedure(s).
B. 
A property owner desiring a voluntary annexation into the City shall complete an annexation petition on forms provided by the City. The petitioner for annexation shall provide the completed form to the City with their signature duly notarized and the legal description attached to the petition for annexation.
C. 
Within sixty (60) days following the date of annexation, the Planning and Zoning Commission shall recommend a zoning classification for all new territories to the Board of Aldermen. The Board, within one hundred twenty (120) days following the date of annexation, shall establish zoning for all newly annexed territories. All property owners within the territories in question will be contacted by the City and be given a reasonable opportunity to request a specific zoning classification. In any case, the Board of Aldermen shall be the final party regarding the determination of all zoning classifications and may consider, but not be limited to, the following criteria.
1. 
The City's Comprehensive Plan.
2. 
The property owner's zoning request or plans for the property in question.
3. 
The existing land use of adjacent territories in the respective zoning classifications.
D. 
Prior to the date on which the Board of Aldermen votes to annex territory requested to be voluntary annexed by its owner, the Planning and Zoning Commission may consider a zoning reclassification of the specified territory and may hold a public hearing thereon in order to make a zoning reclassification recommendation to the Board of Aldermen. Such public hearing shall be held according to the laws and ordinances governing rezoning of property. If the Board of Aldermen receives the Planning and Zoning Commission's recommendation at least thirty (30) days prior to when the Board is scheduled to vote on the annexation, the Board of Aldermen may cause at least fifteen (15) days' notice of a public hearing on the zoning reclassification, to be held immediately after the Board of Aldermen votes to approve the annexation. After such public hearing, the Board may, by ordinance, enact the zoning classification or classifications for such territory.
E. 
No building or structure may be erected on the newly annexed territory until it has been zoned, nor shall any different or new use be permitted, except that any use established prior to annexation shall be permitted. If the established use falls under the definition of a "grandfathered use", that use may be continued by the owner of the territory at the time of annexation but such use may not be expanded, changed or assigned.
F. 
No contractual zoning shall be permitted. "Contractual zoning" is defined as when an individual landowner agrees to voluntarily annex or consent to annexation in return for a specified zoning classification.
G. 
Deannexation of property from the corporate limits of the City of New Haven is permitted at the discretion of the Governing Body and as provided for under Chapter 71, RSMo., and any other applicable provisions.
[Ord. No. 918 §2, 5-1-2008]
Every building hereafter erected, moved or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on any lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings in an appropriate zoning district. The development plan for a school campus, cluster housing, shopping center or industrial park shall be approved by the Planning and Zoning Commission before the building permit(s) are issued.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 1051 §3, 3-11-2013]
A. 
No temporary structure (including trailers, mobile or manufactured) shall be occupied for any residential, commercial or industrial use except as specifically permitted or required by this Chapter. However, the City Board of Aldermen may allow a temporary office or shelter incidental to new development. Occupancy of structures for emergency conditions such as fire, explosion or disaster shall be allowed until conditions are abated.
B. 
"Temporary", for the purpose of this Section, shall refer to a period not to exceed one (1) year. The City Board of Aldermen may extend the period where a need can be demonstrated.
C. 
Temporary Mobile Concession. For purposes of this Section, a "mobile concession unit" is defined as a fully enclosed, self-contained mobile concession unit or mobile food service facility, either motorized or on a pull-behind trailer, used for purposes of individual food, beverage and retail sales. A hand-propelled mobile pushcart or vending cart shall be considered a mobile concession facility.
1. 
Permit required. No mobile concession facility shall be located in any zoning district for more than three (3) consecutive days without the operator first having obtained a zoning permit from the City of New Haven, except as hereinafter provided. The Planning Commission shall be responsible for the review of all permit applications under this Section. The permit application must conform to the zoning permit guidelines as provided for elsewhere in this Chapter. The fee shall be as provided for by ordinance.
2. 
Permit exemptions.
a. 
A zoning permit shall not be required for a mobile concession unit located on private property in "C" and "I" Districts for no more than three (3) consecutive days.
b. 
A zoning permit shall not be required for a mobile concession unit that is operated by a not-for-profit organization.
c. 
Pursuant to Section 71.630, RSMo., no permit or license fee shall be required for any farmer, or producer or producers, for the sale of produce raised by him, her or them, when sold from his, her or their wagon, cart or vehicle, or from any person or persons in the employ of such farmer or producer.
3. 
Public property. No mobile concession unit shall be permitted on public rights-of-way or on property owned by the City of New Haven. This provision shall not apply to not-for-profit organizations operating a mobile concession as part of a permitted fair, festival or similar community event.
4. 
Provisions applying to all mobile concession units. Any mobile concession unit or farm produce wagon, cart, vehicle or produce stand permitted by this Section shall be set back at least fifteen (15) feet from the public rights-of-way to permit adequate ingress, egress and parking.
a. 
Signage. All signage shall be confined and/or attached to the mobile concession unit.
b. 
No mobile food concession may be located fifty (50) feet of a permanent food service operation, without written permission of the permanent food service operator.
c. 
Nothing in this Section shall be construed as waiving or substituting for the operator's responsibility to comply with all applicable food or business licensing requirements or regulations as provided for by local, County, State or Federal authorities and law.
d. 
Notwithstanding other provisions of this Section, the City may require such safeguards and conditions as necessary to protect the safety of the occupants and the public.
[Ord. No. 918 §2, 5-1-2008]
Any organization or person planning to offer day care for five (5) or more children, except those coming under the exception of the law, shall apply for a license and meet the licensing rules before accepting more than four (4) unrelated children for care.
[Ord. No. 918 §2, 5-1-2008]
A. 
Communication towers, except towers owned or operated by the City of New Haven, shall not be permitted unless approved by a special use permit.
B. 
No two (2) towers, except towers owned or operated by the City of New Haven, shall be located within a one thousand (1,000) foot radius. The distance shall be calculated from the center of the base of the tower.
C. 
The design of the tower compound shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and the built environment.
D. 
Landscaping and/or sightproof fencing shall be required around the base of the communication tower and around ancillary structures as approved by the Planning and Zoning Commission on a sketch plan. Landscaping shall be required to effectively screen ancillary structures from adjacent development and roadways as deemed necessary by the Planning and Zoning Commission.
E. 
Antennas on the structures, including signage, shall be as approved by the Planning and Zoning Commission. Height requirements and aesthetic treatments may be imposed by the Planning and Zoning Commission.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 961 §6, 3-8-2010]
On a corner in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three (3) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of intersection.
[Ord. No. 918 §2, 5-1-2008]
A. 
Every modular home installed or located within the City of after the effective date of this Chapter shall comply with the following standards and requirements:
1. 
The modular home modules must be partially or entirely manufactured in a factory.
2. 
The finished home dimensions must be not less than twenty-four (24) feet in width and thirty-six (36) feet in length, excluding porches.
3. 
The modular home must be set on an excavated, backfilled, engineered foundation or basement enclosed at the perimeter so that the top of the perimeter wall sits no more than twelve (12) inches above the finished grade. The foundation shall be similar in appearance and durability to a masonry foundation of a site-built dwelling.
4. 
The finished home must have brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of the wall section) downward to the top of the exposed perimeter foundation. The exterior siding of the finished home must have the same appearance as materials commonly used on residential dwellings.
5. 
The finished home must have a pitched roof with a pitch of at least a four in twelve (4:12). The roof must be covered with shingles, shakes or tile. Eaves of the roof must extend at least ten (10) inches from the intersection of the roof and the exterior walls.
6. 
The finished home must have color-coordinated body and trim. Colors of both the factory components and the site-built components shall be the same.
7. 
The main entrance to the finished home must face or be oriented toward an adjacent street.
8. 
Any transportation mechanisms must be removed.
9. 
No finished home shall be occupied for dwelling purposes unless it is properly placed and connected to water, wastewater, electric and gas utilities as appropriate.
10. 
Mobile and manufactured homes (see definitions) are not modular homes. Mobile and manufactured homes are only allowed in permitted mobile home parks or as provided for elsewhere in this Chapter.
[Ord. No. 918 §2, 5-1-2008]
A. 
Trash containers shall be enclosed and screened per the requirements of each zoning district. Where a trash enclosure is required, the following conditions shall apply:
1. 
All exterior waste containers shall be located on a paved surface. If a floor drain is installed outside the waste container to serve the waste container, the pad shall not exceed three (3) feet on any side of the actual dumpster. The pad shall be sloped towards the floor drain which shall be directed to the sanitary sewer system through the grease interceptor structure. Drainage beyond the waste container area shall be directed towards the storm sewer system.
2. 
Reinforced concrete approaches shall be provided in front of the access doors to the screened area; the approaches shall be a minimum of twenty (20) feet in length and at least as wide as the screened area.
3. 
Unless otherwise specified in the specific zoning district requirements, all screening of waste containers shall be a masonry, vinyl or wood fence material.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §4, 1-11-2010; Ord. No. 1051 §4, 3-11-2013]
A. 
The following general fence provisions shall apply to all zoning districts:
1. 
A permit shall be required for the erection, installation or alteration of any fence within the City of New Haven. The fee shall be as established by ordinance. An application for a permit shall be filed on forms supplied by the City and shall include a description of the type and size of fence proposed and its proposed location on the lot.
2. 
No fence, wall, shrub or hedge shall be constructed or altered to exceed six (6) feet in height except as indicated in the specific district regulations as follows.
3. 
It shall be unlawful for any person to paste, stick or put upon any fence or wall within the City any indecent, obscene, immoral or grossly written words or painted advertisement, poster or circular.
4. 
No person shall erect or cause to be erected, maintain or cause to be maintained any fence or enclosure of which any part is charged with or designed to be charged with the electrical current except as specified in the "A-1" General Agricultural District or for a low-voltage pet containment system.
5. 
In the case of fences constructed over dedicated utility easements, the City shall not be responsible for the replacement of said fence due to its removal. It is required that the property owner contact the City Engineer or developer for location of above mentioned easements.
6. 
In no case shall a fence be erected so as to enclose or block a stormwater catch basin, culvert or other stormwater structure in any development. It shall be the responsibility of the Building Inspector to inspect such violations and make a written report to the City.
7. 
All fences erected prior to enactment of this Chapter shall be considered non-conforming and as such shall be allowed to remain in place. However, at such time when the parcel or lot in question is sold, transferred or leased to another party, the fence will be either brought into conformity or removed.
8. 
All fencing must be maintained in good condition at all times. "Good condition" is hereby defined to include, but shall not be limited to, replacement of damaged boards, staining or painting of surfaces and removal of rust.
9. 
Fence completion shall occur within six (6) months from the start of construction.
10. 
When a fence is facing a public street, the improved side of the fence shall be oriented to the street.
B. 
Fence Regulations For "A-1" General Agricultural District. Electrified and barbed wire fences shall be permitted in the "A-1" General Agricultural District when used in connection with an approved agricultural operation.
C. 
Fence Regulations For "R" (Residential) Districts.
1. 
The use of barbed wire, hardware cloth or any other similar material shall not be permitted as fencing in residential zoning districts.
2. 
Residential fences shall not exceed six (6) feet in height.
3. 
The owners of residential properties shall be responsible for maintaining said fences and to remove any fence which becomes unsightly or a menace to public safety, health or welfare.
4. 
On a corner lot, a fence shall not extend beyond the front building line, as platted, which is parallel to the front of the house. Along other front building lines as platted on a corner lot, the fence shall be set back a minimum of ten (10) feet from the property line and shall not extend into the sight distance area as defined in this Chapter.
5. 
On a through lot, a fence is permitted to extend to and along the property line opposite the front of the structure. No fence shall be permitted to extend beyond the building line at the front of the structure or any property line.
6. 
On any interior lot other than a through lot, a fence shall not extend beyond the front building line nor shall any fence extend beyond the side and rear property lines.
7. 
In no case shall any front yard be enclosed by a fence other than as provided for on a through lot.
8. 
No fence shall be erected within six (6) feet of an existing dwelling on an adjacent lot.
9. 
Temporary fences may be erected in conjunction with "display homes" in subdivisions so long as the fences are removed within thirty (30) days following the sale or transfer of ownership of the display.
10. 
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.
11. 
Fences shall be erected around swimming pools according to the adopted Building Codes of the City of New Haven.
12. 
There shall be no fences consisting of one (1) or more strand wires constructed in residential zoning districts.
13. 
Fence materials.
[Ord. No. 1214, 9-11-2017]
a. 
Fences which are five (5) feet or less in height may be constructed of wood, masonry, vinyl or chain-link materials.
b. 
Fences which are greater than five (5) feet in height shall be constructed of wood, masonry or vinyl materials.
Decorative fences and other fences of an ornamental purpose, such as picket fences, wrought iron fences, split rail fences and the like, provided that such fences do not exceed thirty-six (36) inches in height, shall not be considered a fence.
14. 
Chainlink may be used if approved by the Planning and Zoning Commission after substantial evidence has been provided indicating that other materials are not practical and that such fencing will not create an aesthetic problem.
D. 
Fence Regulations For All "C" (Commercial) And "I" (Industrial) Districts.
1. 
Fences higher than six (6) feet may be permitted for security and/or screening purposes. Also, barbed wire or razor 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.
2. 
Fences are permitted on any lot or paved area so long as they do not extend beyond the front building line unless otherwise approved by the Planning and Zoning Commission.
3. 
Where a fence is constructed to comply with a screening requirement, all fencing regulations regarding maintenance, materials and height shall apply.
4. 
Fences erected to screen waste receptacles shall adhere to the regulations of the applicable zoning district.
5. 
All fences installed in commercial zoning districts and industrial zoning districts that abut residential properties and are used for the purpose of screening between districts shall be masonry, vinyl or wood.
6. 
Fences constructed of chainlink that are located within industrial zoning districts shall be coated with vinyl.
7. 
All other general provisions previously stated shall apply.
E. 
Fence Permit In All "R-3", "C" (Commercial) And "I" (Industrial) Districts.
1. 
For all fences installed within an "R-3" Multi-Family Residential District, "C" or "I" District, shall be approved by the Administrative Officer prior to installation of the fence.
F. 
Fence Height.
1. 
In "R-1a", "R-1b", "R-1c" "R-2" and "R-3" zoning districts, solid fences not in excess of six (6) feet in height may be built on the boundaries of that portion of any lot which comprises the "rear yard" of such lot as defined by this Chapter, provided no such fence may be erected within six (6) feet of an existing dwelling on an adjoining lot.
[Ord. No. 918 §2, 5-1-2008]
The City of New Haven City Code, Chapter 415: Floodplain Management ordinance contains provisions related to floodplain areas. The ordinance may be amended as necessary to comply with applicable State and Federal rules and regulations.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 933 §1, 11-10-2008; Ord. No. 1020 §1, 12-12-2011]
A. 
Definition. A "home occupation" is any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within a main building by a member of a family residing on the premises, in connection with which there is no advertising and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or accessory building; and in connection with which no person outside the family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare.
B. 
Purpose Of Regulation. The purpose of these regulations is to:
1. 
Ensure compatibility of home occupations with all uses permitted in "R" Districts.
2. 
Promote the health, safety and general welfare of residential neighborhoods by preventing excessive noise, traffic, nuisances, fire hazards and other adverse effects of unregulated home occupations.
3. 
Establish standards for home occupations in residential units.
C. 
Use Requirements And Limitations. A home occupation that conforms to the requirements of this Section shall be a permitted use in all zoning districts. This authorization shall not be construed as exemption from the business license requirements of Chapter 605 of the Municipal Code of the City of New Haven, from the residential occupancy requirements of Article XI of this Chapter, or as exemption or waiver of any other applicable requirement of the Municipal Code.
No home occupation shall be allowed where a likelihood exists that it will negatively impact, interfere or conflict with the character, peace, good order and safety of the neighborhood in which it is located. In addition to any other use limitations applicable to the district in which the home occupation is located, no home occupation shall be permitted unless it complies with the following provisions:
1. 
Only one (1) home occupation shall be permitted per residence.
2. 
Home occupations shall comply with all local, County, State and Federal regulations and the requirements of this Section shall not be construed as an exemption from such regulations.
3. 
A home occupation shall be conducted only by persons lawfully residing within the residence.
4. 
The home occupation shall be clearly incidental and secondary to the principal use of the residence.
5. 
In no way shall the appearance of the structure be altered or the occupation within the residence be constructed in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
6. 
No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
7. 
The conduct of any home occupation, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for off-street parking required in the district in which it is located.
8. 
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling unit or which creates noise not normally associated with residential uses shall be prohibited.
9. 
No commercial vehicle, as defined by this Chapter, shall be used in connection with a home occupation, or parked on the property.
10. 
No home occupation shall cause an increase in the use of any one (1) or more utilities (water, sewer, electricity) so that the combined use for the residence and the occupation exceeds the average for residences in the neighborhood.
11. 
No home occupation shall be conducted in any accessory building (garage or shed).
12. 
No more than twenty-five percent (25%) of the total combined enclosed floor area of a dwelling unit, including finished or unfinished basement or attic spaces, may be used for home occupations.
13. 
There shall be no goods, materials or commodities sold from inventory on the premises or displayed for sale on the premises.
14. 
There shall be no regular or steady visitation or concentrated coming and going of clients to or from the premises.
15. 
There shall be no regular deliveries or shipping to and from the premises which exceeds that which is normal for the surrounding district.
16. 
The mechanical equipment used for the home occupation is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office.
17. 
Yard sales, garage sales, and home shopping parties may be considered a home occupation if no more than one (1) event is held during a month at a given residence.
18. 
Babysitting of no more than four (4) unrelated children may be considered a home occupation.
D. 
Prohibited Home Occupations. Permitted home occupations shall not in any event be deemed to include:
1. 
Auto repair (other than personal).
2. 
Bed and breakfast homes, vacation homes and rooming houses.
3. 
Carpentry work.
4. 
Painting of vehicles or large household appliances.
5. 
Furniture stripping and similar uses.
6. 
Junk, salvage, scrap metal and similar uses.
7. 
Private investigation, firearms and/or ammunition sales or services.
8. 
Dancing schools.
9. 
Funeral homes.
10. 
Nursery schools, child or adult day care centers. (A "child care center" is any activity that provides care to five (5) or more unrelated children.)
11. 
Restaurants or other food services.
12. 
Stables, kennels or animal hospitals.
13. 
Medical or dental offices or clinics involving the treatment or counseling of patients, including chiropractors, veterinarians, podiatrists, etc.
14. 
Real estate offices.
E. 
Non-Compliance Of Home Occupations. Any home occupation not in compliance with the restrictions and criteria herein specified shall either be discontinued, relocated to an appropriate district, or shall be subject to the special use permit requirements as set out in the City of New Haven Zoning Code. Any home occupation which continues in violation of this Section shall be subject to the penalties as provided for in the Zoning Code.
[Ord. No. 918 §2, 5-1-2008]
A. 
Residential Districts. It shall be at the discretion of the individual property owners to landscape their lots; however, at any given time the following provisions shall apply:
1. 
No tree or ground cover shall be planted of a type of species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewer or other public improvements. It is suggested that the property owner contact the City prior to landscaping within any street right-of-way or utility easement.
2. 
Vines of climbing plants growing over street signs, fire hydrants, gas meters or other public property shall be removed by the property owner.
3. 
On a corner lot, no planting or other obstruction to vision extending to a height in excess of twenty-four (24) inches above the established street grade shall be erected, planted or maintained within the sight distance as an established area extending thirty (30) feet from the point of intersection of the two (2) streets adjacent to the corner lot.
4. 
All landscaping shall be properly maintained according to City ordinances presently in effect. The individual property owner shall be responsible for such maintenance.
5. 
For all multi-family zoning districts, "R-3", a landscape plan shall accompany or be a part of each site plan and no site plan shall be approved without the Planning and Zoning Commission's review and approval of said landscape plan. The landscape plan shall contain size, type and location of plantings. All "R-2" Two-Family Residential zoning districts shall be required to have a landscape plan to be forwarded to the Planning and Zoning Commission for its review and approval. Landscaping is to be completed prior to issuance of a certificate of occupancy by the Building Inspector.
6. 
In all residential zoning districts, above ground fuel storage tanks shall not be permitted.
B. 
Non-Residential Districts (Commercial/Industrial). In "C" (Commercial) and "I" (Industrial) Districts, the landscaping/screening requirements are as follows:
1. 
Screening requirements.
a. 
All screening and buffering requirements previously set forth in the individual districts shall be the responsibility of the lot owner or developer to install and maintain.
b. 
When off-street parking areas for six (6) or more vehicles are located within or adjacent to a residential district and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with minimum height of six (6) feet shall be provided between the parking area and the said lot or residential district. Such screen shall consist of a solid fence or masonry wall; a compact evergreen hedge or foliage screening may be approved as an alternative by the Planning and Zoning Commission.
c. 
Protective screening. When off-street loading areas are located within or adjacent to a residential district and where such loading areas are not entirely screened visually by an intervening building or structure, a continuous visual screen with a minimum height of eight (8) feet shall be provided between the loading area and the said lot or residential district. Such screen shall consist of a solid fence or a masonry wall; a compact evergreen hedge or foliage screening may be approved as an alternative by the Planning and Zoning Commission.
2. 
Landscaping requirements.
a. 
A landscape plan shall accompany or be a part of each site plan and no site plan shall be approved without the Planning and Zoning Commission's approval of said landscape plan. This landscape plan shall include size, type and location of plantings and shall include parking lot planting islands, perimeter plantings and similar landscape features. The majority of evergreen trees shall be a minimum of six (6) feet in height.
b. 
Where off-street parking spaces are provided, a minimum of ten (10) square feet of landscaping shall be provided for each space within the parking area or lot or as approved by the Planning and Zoning Commission. While no specific tree species or plantings are given in this Chapter, the developer or owner shall be expected to provide sufficient landscaping details on the plans at the time of submittal. The use of earthen berms or sculpting shall be encouraged provided these are designed in an area of enough size so as to cause no erosion, drainage or maintenance problems.
C. 
Screening And Landscaping. All off-street parking facilities, with the exception of a single-family detached dwelling or a two-family dwelling, shall be screened and landscaped in accordance with the following design standards.
1. 
Planting strip along property lines.
a. 
Along each property line of the zoning lot, a planting strip of four (4) feet minimum width shall be provided between said property line and the off-street parking facilities. Where parking facilities for non-residential uses abut a residential district, a sightproof fence or hedge of not less than six (6) feet in height shall be provided along the perimeter of the off-street parking facility within the planting strip herein described.
b. 
In the case of a common/shared driveway entrance/exit, the requirement for a four (4) foot minimum width planting strip will be waived. However, the remainder of the site shall contain sufficient additional landscaped areas to compensate for the loss of the planting strip or a portion thereof.
2. 
All off-street parking facilities shall be appropriately broken by linear planting strips or variable shaped islands in the interior of the facility. Such planting strips or islands shall be satisfactorily landscaped with trees or other suitable vegetation and shall constitute no less than five percent (5%) of the total area of the off-street parking facility excluding the four (4) foot planting strip previously mentioned.
3. 
The selection of trees, hedges and other planting materials shall be approved by the Planning and Zoning Commission.
4. 
All screening and landscaping shall be installed in conformance with the "corner visibility" restrictions of this Chapter or having the highest visibility.
5. 
The selection of trees, hedges and other planting materials shall be as approved on the landscape plan. All modifications shall be reviewed and approved by the Planning and Zoning Commission.
D. 
All landscaping indicated on the approved site development plan shall be installed prior to issuance of a certificate of occupancy by the Building Inspector. If installation of landscape materials cannot be accomplished due to weather conditions or other factors, an escrow shall be established to guarantee purchase and installation of all landscape materials. The escrow shall be submitted for approval by the Planning and Zoning Commission and shall otherwise be submitted in compliance with the process established herein. Upon installation of the landscape materials, the escrow shall be released by the City.
[Ord. No. 918 §2, 5-1-2008]
A. 
When the recorded owner of two (2) or more contiguous lots desires to consolidate lots, the owner shall indicate the proposed consolidation in writing to the Administrative Officer and pay the applicable fee upon filing. No amended record plats are needed as long as the external boundary in question shall be used as one (1) lot. However, an exhibit including the following information shall be provided:
1. 
Outboundary of the affected lots.
2. 
The recorded name of the subdivision and book and page of the original record plat.
3. 
Lot numbers for each lot as established on the record plat.
4. 
The street(s) abutting the affected lots.
5. 
Other items as deemed necessary by the Administrative Officer.
B. 
The letter requesting consolidation and the exhibit shall be approved by the City of New Haven and recorded with the Franklin County Recorder of Deeds. A recorded copy of the letter and exhibit shall be returned to the City.
[Ord. No. 918 §2, 5-1-2008]
For any through lot, both frontages shall comply with the front yard requirement of the district in which it is located. Swimming pools, decks and open-air porches shall comply with the setback requirements of the underlying zoning district. In addition, fences shall comply with provisions contained elsewhere in this Chapter pertaining to fencing.
[Ord. No. 918 §2, 5-1-2008]
Where a lot of record as of June 13, 1977 has less area or width than herein required in the district in which it is located, the owner of such lot does not own any other parcel adjacent thereto, said lot may nevertheless by used for a single-family dwelling provided that residential uses are a permitted use in the district.
[Ord. No. 918 §2, 5-1-2008]
A. 
Amount Of Land/Recreational Facilities To Be Provided. Prior to the issuance of any building permit, the developer of any residential, commercial or industrial areas shall comply with the City's current Comprehensive Plan and future land use map in providing open space, playgrounds, bike trails or recreational-related facilities reasonably related to the development. During the site plan review process, the developer will provide reasonable measures to retain existing trees and vegetation and is encouraged to participate in the City's park development program. The developer of a residential project shall be required to set aside open space for the use and benefit of the residential property owners. Such open space shall be a location(s) reasonably accessible to the property owners and in an amount of at least five percent (5%) of the total project area (exclusive of stormwater facilities) as determined by the Planning and Zoning Commission.
B. 
Application. The provisions of this Chapter shall apply to all residential, commercial or industrial developments within the corporate limits of New Haven, Missouri. In submitting a preliminary plat or site plan, the developer shall ensure that said plat or site plan contains sufficient detail so as to distinguish open space, playground, bike trails or recreational-related facilities. The developer shall also indicate on said preliminary plat or site plan the land and/or facilities which are to be dedicated as park, bike trail or open space to the City or dedicated to the private or common ownership for park purposes. All plats and plans shall be reviewed by the City for conformity with the City's then current Comprehensive Plan and future land use map.
[Ord. No. 918 §2, 5-1-2008]
(See "Chapter 410: Land Subdivision Regulations".)
[Ord. No. 918 §2, 5-1-2008]
A. 
The intent of this provision is to provide pedestrians with safe and convenient access to schools, recreational, retail areas and places of employment. In general, sidewalks should be located in the public right-of-way parallel to the street pavement. However, when a sidewalk can be integrated into a linear park system, consideration should be given to combination pedestrian/bicycle paths. In any event, the purpose of sidewalks shall be to connect people with specific destinations within the City. The following specifications shall apply:
1. 
Arterial streets (right-of-way — eighty (80) feet or ninety (90) feet).
a. 
Sidewalks required on both sides of street.
b. 
Minimum width of sidewalk shall be five (5) feet in residential and commercial districts unless otherwise specified by the Planning and Zoning Commission.
2. 
Collector streets (right-of-way — fifty (50) or sixty (60) feet).
a. 
Sidewalks shall be required on both sides of all collector streets.
b. 
Minimum width of sidewalks shall be four (4) feet in residential and commercially zoned areas unless otherwise specified by the Planning and Zoning Commission.
3. 
Minor (local), dead-end and cul-de-sac streets (right-of-way — fifty (50) feet).
a. 
A sidewalk shall be required on one (1) side of all primary subdivision roadways. A "primary subdivision roadway" shall be defined as any entrance/exit roadway or connection thereto to its termination or connection with any secondary entrance/exit of the subdivision.
b. 
A minimum of a four (4) foot wide sidewalk with appropriate easement shall be provided to facilitate access and connection to community facilities, adjacent subdivisions and to the bicycle path network within the community.
4. 
Sidewalks for pedestrian/bikeway movement shall be a minimum of six (6) feet in width. Property easements for such purpose shall be a minimum of ten (10) feet. The Planning and Zoning Commission shall require additional easements where necessary.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §5, 1-11-2010; Ord. No. 1051 §5, 3-11-2013]
A. 
In planning and developing a lot or tract, the developer shall comply with the general principles of design and minimum requirements for the layout of a site concerning required improvements and in every case shall pursue the following procedures.
B. 
Pre-Application Proceedings. Not less than forty-five (45) days prior to the preparation of the site plan, the developer shall consult with the designated City representative in order to become familiar with the standards established in these regulations and the provisions of the Comprehensive Plan affecting the land proposed to be developed and present a concept plan for consideration.
C. 
Process Of Submission Site Plan.
1. 
The developer, after the advisory meeting, may then initiate a request for formal review of the site plan. The developer shall submit said plan and pay the applicable fee in accordance with the established scheduled meeting of the Planning and Zoning Commission at which action is desired. After review of plan by Administrative Officer and subsequent notification of deficiencies/problems, developer/owner shall resubmit corrected plan not less than seven (7) working days prior to the Planning and Zoning Commission meeting. Resubmitted plans containing more than six (6) deficiencies shall not be submitted to the Planning and Zoning Commission for review.
2. 
All site plans shall be prepared and sealed by a qualified and registered professional engineer or registered land surveyor.
3. 
The applicant shall submit a sufficient number of prints as required by the Administrative Officer for all staff reviews and Planning and Zoning Commission and Board of Aldermen reviews. The prints shall be black or blue line with all copies in the format desired by the City.
4. 
Site plans submitted for the initial review without substantial information or submitted for the final formal review that omit more than six (6) items as required under herein shall be required to resubmit the plan with the appropriate fee.
5. 
All plans shall be acted on by the Planning and Zoning Commission within sixty (60) days of plan submittal to the City. The Planning and Zoning Commission shall make a recommendation on the site plan. The Board of Aldermen shall be the final approving authority.
6. 
A traffic impact study may be required by the City Engineer if deemed necessary for the analysis of a development project by the Planning and Zoning Commission.
D. 
Information Required On A Site Plan.
1. 
The site plan shall be drawn to scale of not greater than one hundred (100) feet to the inch and shall contain the following information:
a. 
Vicinity map (not to scale).
(1) 
Show nearby existing streets and highways.
(2) 
Identify by name abutting subdivisions or development.
b. 
North arrow and scale and property address from the applicable fire protection district.
c. 
Title block.
(1) 
The proposed name of the development.
(2) 
Names and addresses of property owners including phone number.
(3) 
Names and addresses of architect and planner, engineer, designer or land surveyor.
(4) 
Date prepared.
(5) 
Tract designation.
d. 
Boundary line showing bearings and distances.
e. 
Adjacent properties information existing and proposed. Ownership and use of land, zoning classifications.
f. 
Utilities and easements.
(1) 
Indicate name and phone number of the company or jurisdiction providing the following services: water, sanitary sewer, electric, telephone, gas, cablevision.
(2) 
Identify size and location of existing water lines, sewer lines, electric service and other existing utilities. Show the location of future water and sewer lines and electric service.
(3) 
Indicate existing easements on plan including perimeter utility easement.
g. 
Lot dimensions.
(1) 
Square footage and lot width.
(a) 
Indicate approximate square footage of the lot. Provide notes reflecting minimum side, rear and front dimensions exclusive of public right-of-way.
(b) 
Indicate minimum lot width at the building line on irregular shaped lots or lots having a measurement less than the required lot width at the building line.
(2) 
Indicate gross acreage for each lot to be reviewed exclusive of public right-of-way.
(3) 
Indicate building dimensions and square footage of the same.
(4) 
Indicate building lines and dimension of the building to the property lines.
h. 
Public and private streets and curb cuts.
(1) 
Show all proposed streets and improvements to existing sheets. Indicate whether public or private, width of pavement, width of right-of-way and name of streets.
(2) 
Dimension curb cuts on all non-residential development.
(3) 
Show adjacent or connecting streets and their names.
(4) 
Show all street lighting.
(5) 
Comply with segment of regulations which specifies information to be supplied at the time of filing of the development plan as it relates to stormwater management planning.
(6) 
Indicate basic soil erosion control plan to be utilized during site development.
(7) 
Other information as may be required by the Planning and Zoning Commission.
i. 
Physical characteristics and stormwater management.
(1) 
On-site plans provide existing contours at two (2) foot intervals and one (1) foot intervals for proposed.
(2) 
Indicate natural features to be left undisturbed including natural watercourses. The development shall leave as much of the natural topography and tree growth as reasonably possible to facilitate erosion control and aesthetic considerations.
j. 
Parks/open space, recreational areas and common ground.
(1) 
Parks and open space land shall be shown on the plan.
(2) 
Recreational area, if proposed, shall delineate type of facilities and who will be responsible for operation and maintenance of same.
(3) 
All common ground areas shall be shown with an appropriate note provided regarding administration of same.
k. 
Setback and yards. Setback and appropriate yards shall be at least those specified for the applicable district.
l. 
Sidewalks — where required (refer to sidewalk regulations). Show side(s) of street(s) where sidewalk is to be located and length of same.
m. 
Additional information required for non-residential site plan development. Refer to specific zoning district for details.
(1) 
Protective screening for properties abutting residential zoning districts.
(2) 
Trash containers. Show location and indicate that screening shall be six (6) feet in height and compatible with the building style.
(3) 
Street lighting. Show location.
(4) 
Landscape plan. No site plan shall be approved without an acceptable landscape plan. Information on location of plantings, species, numbers and size is appropriate.
(5) 
Building outline and floor area. Dimension floor area and identify building usage. If multiple use, provide appropriate floor area breakdown. Provide other information including building entrances as required by the Planning and Zoning Commission.
(6) 
Parking and off-street loading.
(a) 
All parking shall be based upon building use(s) in accordance with parking requirements provided in these regulations. Handicapped spaces shall be provided. Appropriate dimensions shall be given for all parking spaces and access aisles. Handicapped parking space signs and ramps shall be indicated where applicable. Off-street loading shall be provided as specified in these regulations and shall be appropriately dimensioned.
(b) 
Indicate curb and gutter on all parking lots.
(7) 
In order to insure architectural compatibility within non-residential and certain residential zoned areas of the City, the Commission shall require architectural drawings and profiles to accompany site plans.
n. 
Where deed or subdivision documents contain covenants, architectural standards and/or other restrictions and conditions, a copy of such documents shall be included with the site plan submission. The Administrative Officer shall serve written notice of the application for site plan review to the respective property owner(s), subdivision association or other similar party having interest in the property.
2. 
Upon approval of the site plan, five (5) copies of the revised plan incorporating appropriate contingencies shall be submitted to the City of New Haven prior to issuance of a building permit, but in no case later than one hundred twenty (120) days following approval. Digital media shall also be provided. Failure to provide said revised plans will render the plan null and void.
3. 
If the site work approved through the site plan approval process has not been substantially begun within twelve (12) months after site plan approval, the site plans shall become null and void. An applicant must refile the appropriate information and applicable fee when said site plan has been voided.
E. 
Architectural Review For Structures In All Zoning Districts Except "R-1a", "R-1b" And "R-1c" Single-Family Residential District And "R-2" Two-Family Residential District.
1. 
Purpose. The intent of this Subsection is to assure the mutual compatibility and appearance of buildings and their surroundings in the City of New Haven.
2. 
Application review responsibility.
a. 
The criteria shall apply to all new building construction excluding single-family and two-family residential dwellings. The Commission, prior to issuance of a building permit by the City, shall have the responsibility to review renderings, except as provided for hereinafter. Where building additions or alterations are considered, the Planning and Zoning Commission shall review renderings for consistency with original renderings. At the time of occupancy and/or use change, the Planning and Zoning Commission may require modifications to the building exterior to improve the appearance of the building. For substantial remodeling or renovation of a building, a revised rendering or elevation drawing shall be submitted to the Planning and Zoning Commission for review.
b. 
For all attached housing units including, but not limited to, villas and multiple-family buildings, the following architectural requirements will apply:
(1) 
All buildings shall include a majority of masonry materials, but may include other maintenance-free materials such as vinyl siding.
(2) 
The Administrative Officer shall be given the authority to approve renderings or colored photos but cannot reject the same. Any renderings of multiple-family units not approved by the staff shall be brought to the Planning and Zoning Commission. The Planning and Zoning Commission shall review those renderings and shall approve or deny the renderings no later than the second (2nd) regular meeting of the Planning and Zoning Commission. If the Planning and Zoning Commission denies said renderings, the Chairman shall set forth in writing the reasons for denial by the Commission.
3. 
Submission guidelines/requirements.
a. 
A perspective colored rendering detailing the building's profiles must be submitted for Commission review along with the site plan. The rendering shall be drawn on a twenty-four (24) inch by thirty (30) inch (minimum size) sheet of paper at a scale no smaller than twenty (20) feet to the inch. The Commission may, at its discretion, accept colored photos if they are of reasonable quality. Where multiple buildings are proposed and they will differ architecturally, the site plan applicant is expected to supply all appropriate renderings. Materials to be used and colors proposed for the exterior are to be shown/listed on the rendering.
b. 
A file ready (approximately eight and one-half (8½) inches by eleven (11) inches size) copy of photo of the rendering must also be submitted to the Planning and Zoning Commission by the final submittal date of the site plans. Said copy of photo is to be kept for record and will not be returned to applicant and/or developer. Plans submitted for review with a building permit application shall essentially be in accord with the renderings or the permit will be denied.
c. 
Where deed or subdivision documents contain architectural standards, applicant shall supply a copy of same to the Administrative Officer.
4. 
Criteria.
a. 
Architecture.
(1) 
All buildings shall be architecturally treated on all sides of the building to create a consistent and attractive building appearance. All new buildings shall be designed so as to match or complement existing buildings in the vicinity.
(2) 
Architectural materials shall be as approved on the architectural renderings. All new buildings shall consist predominantly of masonry/brick, wood, architectural panels or glass. EFIS or stucco type material shall be considered as accent material. The Planning and Zoning Commission may approve other materials that provide similar or equal architectural treatments.
b. 
Roof top utilities such as, but not limited to, cooling towers and heating and cooling equipment installed in conjunction with any buildings or installed on any building heretofore erected shall be screened/enclosed with walls of brick, wood or other similar architectural material extending to the height of the highest projection of such equipment from all sides.
c. 
Exterior walls of buildings exposed as the result of demolition or removal of an adjacent building, unless such walls are in good condition and architecturally compatible with other walls and surrounding buildings, shall be renovated or improved, as required by the Planning and Zoning Commission, to provide such compatibility.
d. 
Retaining walls and similar walls shall be of a decorative treatment as approved by the Planning and Zoning Commission. Exemption from this requirement shall be as approved by the Planning and Zoning Commission.
F. 
Public Improvements Installed Or Guaranteed In All Zoning Districts Except "R-1a", "R-1b" And "R-1c" Single-Family Residence District. Site plan public improvements shall be installed or guaranteed as herein provided:
1. 
Before the City issues a site development permit as required, the developer/contractor must have submitted and obtained approval of improvement plans for all public improvements planned for each site and have established a satisfactory escrow agreement, lender's agreement or land subdivision bond insuring or guaranteeing the construction in accordance with the approved plans of all improvements to be dedicated to the City and restoration of the site in case of project abandonment or project completion in the case of failure to complete the project.
Guarantee Agreements:
a. 
Agreements shall be prepared on forms furnished by the City of New Haven. Four (4) originals shall be provided to the City.
b. 
Agreements shall be approved by the City Attorney.
c. 
Agreements shall guarantee the improvements set forth in the approved improvement plans by providing for deposit (cash, certified check or cashier's check) with the City of New Haven or an institution whose deposits are Federally insured by the United States Government of that sum of lawful monies of the United States of America or a lender's agreement in the amount which the City Engineer shall reasonably estimate as the cost of said improvements. The developer/contractor shall submit a listing of improvement quantities along with the estimated unit cost to facilitate the City Engineer completing the estimate.
d. 
If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit by the City Engineer and/or Board of Aldermen of the City of New Haven, Missouri.
e. 
If there is a lender's agreement, it shall be subject to audit by the City Engineer and/or the Board of Aldermen of the City of New Haven.
f. 
Bonds shall be with a surety approved by the City and in a form approved by the City.
2. 
The estimated sum shall be held by the escrow holder or the lender as provided for in the agreement. Authorization shall be written and addressed or copied to the escrow holder or the lender authorizing release. The City Engineer may authorize release for disbursement by the escrow holder or lender for the payment of labor and materials used in the construction and installation of the improvements guaranteed, as the work progresses and when such work is approved by the City Engineer.
3. 
For improvements which are to be dedicated to the City for maintenance, twenty percent (20%) of the total monies estimated for said improvements shall be retained for a period of two (2) years from the date of acceptance of the instrument of dedication by the Board of Aldermen to guarantee proper construction of said improvements. In the event that during this two (2) year period any of the improvements escrowed for deemed by the City Engineer to fail the construction guarantee, the ten percent (10%) retention shall be used for reconstruction, repair or modification of the improvements as may be required. After the period of two (2) years after the date of acceptance of the instrument of dedication and correction of any deficiencies, all monies remaining in the escrow account shall be released. If deemed in the City's best interest not to perform remedial work within the aforementioned one (1) year period and the developer/contractor agrees to extend the escrow agreement, release of all monies can be delayed until a mutually agreed upon date has been reached. No authorization for release shall be made until inspections have been made certifying that the improvements have been constructed in accordance with the approved plans and meet all requirements of the City of New Haven.
4. 
In the event that the improvements which are to be dedicated to the City are not satisfactorily installed and dedicated within two (2) years after the approval of the improvement plans, the City of New Haven has the right to remove said monies to complete the guaranteed improvements, complete the site improvements and/or restore the site unless an extension in time is granted by the Planning and Zoning Commission.
G. 
A site plan review shall be required for developments in all Commercial "C", Industrial "I" and Multi-Family "R-3" Zoning Districts and for non-residential developments in "R" Zoning Districts.
1. 
Site Plan review, "I" Zoning Districts. The Planning and Zoning Commission may modify, amend or waive the following requirements of this Chapter for developments in all "I" zoning districts:
[Ord. No. 1161 § 3, 8-8-2016]
a. 
Construction standards for off-street parking.
b. 
Sidewalk requirements.
c. 
Architectural review requirements.
d. 
Open space, screening and landscaping requirements.
e. 
Exterior waste container enclosure requirements.
[Ord. No. 918 §2, 5-1-2008]
Before a street name can be assigned or used, the City must provide written approval of the street name. The developer must submit said written approval prior to the Planning and Zoning Commission's review of the site plan and/or preliminary plat.
[Ord. No. 918 §2, 5-1-2008]
A. 
In order to change a street name, person(s) must follow the procedure below:
1. 
Person(s) requesting a street name change must appear before the Planning and Zoning Commission at their regular meeting. In order to appear before the Commission, person(s) requesting said street name change(s) shall submit a letter detailing the change(s) to the City not less than ten (10) working days prior to the Commission's next meeting date. The City Clerk shall inform the Commission of the requested change(s) and place said change(s) on the appropriate agenda.
2. 
A copy of the Commission's recommendations will be provided to the Board of Aldermen. The Board of Aldermen may act on the Commission's recommendation.
3. 
Upon the Board of Aldermen's approval, the City Clerk will provide the County Recorder's and Assessor's office with copies of the affidavit approving said street name change(s). The City Clerk will inform the appropriate fire protection district and post office of the name change and make the necessary corrections to the official maps of the City of New Haven.
[Ord. No. 918 §2, 5-1-2008]
A. 
To vacate a street right-of-way, person (s) must follow the procedures outlined below:
1. 
Persons requesting to vacate a street right-of-way must make a formal written request to the City. Such request(s) must be considered by both the Planning and Zoning Commission and the Board of Aldermen. In addition, the request must be accompanied by the following:
a. 
Legal description of property to be vacated.
b. 
Location map (not to scale) showing property to be vacated and identified by words "To Be Vacated" so that it can be determined without reading the legal description. Location map to be three (3) by three (3) inches on mylar material.
c. 
Documentation from utility companies that they release their claims to easements insuring there are no utility lines or interests within easement area(s).
2. 
Any street vacation request must be reviewed by the Planning and Zoning Commission. To appear on the Commission's agenda, said requests must be received by the City no later than ten (10) working days prior to the Commission's next regularly scheduled meeting. Although no formal public hearing is required, an advertisement will be published in a newspaper of general circulation notifying the public of the proposed vacation. The fee for the advertisement will be paid by the person(s) requesting said street vacation.
3. 
Upon recommendation by the Commission, the Board of Aldermen may act on said vacation request(s). If the Board approves of the vacation, an appropriate ordinance will be prepared.
4. 
Following approval of the aforementioned ordinance, the City Clerk will provide the Franklin County Recorder's and Assessor's office with the appropriate document.
[Ord. No. 918 §2, 5-1-2008]
In the event of destruction of an existing single-family residence by an act of God, it shall be permitted to have a mobile and/or manufactured home and still permit safe reconstruction of the single-family dwelling. Such a mobile and/or manufactured home shall not be required to conform to the site, placement, width, setback or "consistency with neighborhood appearance" requirements of this Article, but shall be permitted only so long as good faith efforts are underway to complete reconstruction of the original dwelling, not to exceed twelve (12) months, at which time the mobile and/or manufactured home shall be removed.
[Ord. No. 918 §2, 5-1-2008]
Automobile vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any property other than in completely enclosed buildings, except on the lots of properly licensed public garages, filling stations or service stations.
[Ord. No. 918 §2, 5-1-2008]
A. 
No person shall make major repairs to any vehicle or dismantle any vehicle upon a public street or upon private property in any residentially or commercially zoned district unless said repairs or dismantling is conducted in an enclosed area, the interior of which cannot be viewed from any surrounding residential property.
B. 
Any repairs or dismantling as authorized in Subsection (A) shall only be lawful if the owner of or person controlling the residential property is performing said repairs or dismantling a vehicle owned by a member of the household.
C. 
Nothing herein shall prohibit minor repairs be performed on a vehicle owned by a member of the household. Such minor repairs can be conducted in an enclosed area or if performed outside must be completed within a six (6) hour period.
D. 
The repair of a vehicle under this Section shall not create a nuisance by excessive noise, early or late work or debris accumulation.
[Ord. No. 918 §2, 5-1-2008]
A. 
General. A part of any building or structure shall not extend into side courts, inner courts or yards required for light and ventilation of habitable and occupiable rooms or by the zoning law or other Statutes controlling building construction, except as hereinafter provided; but the encroachment shall not exceed twenty percent (20%) of the legal area of yard or court required for light and ventilation purposes.
B. 
Steps, Architectural Features And Roof Eaves. Steps, window sills, belt courses and similar architectural features and rain leaders, chimneys and roof eaves shall project not more than two (2) feet beyond any building line.
C. 
Exterior Stairways And Fire Escapes. Outside stairways, smokeproof tower balconies, fire escapes or other required elements of a means of egress shall not project more than four (4) feet beyond the face of the wall.
[Ord. No. 1286, 7-8-2019]
A. 
The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
1. 
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance per Section 210.670(1)(e) of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2. 
No more than a total of three (3) Medical Marijuana Dispensary Facilities will be allowed within the City Limits.
3. 
Each Medical Marijuana Cultivation Facility, Medical Marijuana-Infused Products Manufacturing Facility or Medical Marijuana Dispensary Facility shall be located on properties that meet the following distance requirements:
a. 
No marijuana related uses shall be operated or maintained within one thousand (1,000) feet of any school, child day-care center or church.
b. 
No marijuana related uses shall be operated or maintained within one thousand (1,000) feet of another marijuana related use except when marijuana sales represents less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
c. 
The distances described in this Section shall be computed by measurement from the front door of any building on land used for the above purposes to the front door portion of the building housing the Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana-Infused Products Manufacturing Facility or Medical Marijuana Dispensary Facility, using a walking path that goes on paved City streets or City sidewalks.
4. 
No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.
5. 
Paraphernalia as defined in Section 215.610, excluding (1)f of the Revised Statutes of Missouri, as may be amended, may be lawfully sold at a Medical Marijuana Dispensary Facility. Such items may not be publicly displayed and may be sold, displayed and provided only to patients or primary caregivers of patients.
6. 
The sale or consumption of alcohol within a facility is prohibited.
7. 
No person under the age of eighteen (18) shall be allowed in any portion of a Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility or Medical Marijuana-Infused Products Manufacturing Facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
8. 
Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
9. 
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
10. 
No Medical Marijuana Cultivation Facility, Medical Marijuana Dispensary Facility, Medical Marijuana-Infused Products Manufacturing Facility, or Medical Marijuana Testing Facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
11. 
Application Review Process:
a. 
Site Review Permit. This preliminary permit reviews the proposed marijuana related use for compliance with the City's zoning and location standards prior to issuance of State license. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof. Site review and approval shall be conducted administratively.
b. 
Business License. Once State licensing has been received, the business license shall include all relevant State approvals and approved operating plans and security plans.