[Ord. No. 4238 §2(401.0), 10-3-1988; Ord. No. 4274 §4, 6-5-1989; Ord.
No. 4313 §1, 3-5-1990; Ord. No. 4363 §1, 9-17-1990; Ord. No. 4521 §§1 —
2, 11-15-1993; Ord. No.
4822 §2, 6-17-2002; Ord. No. 4890 §1, 3-1-2004; Ord. No. 5018 §1, 4-16-2007]
A.
Access. Every structure hereafter erected or moved shall
be on a lot adjacent to a public street, or with access to an approved
private street, and all structures shall be so located as to provide
safe and convenient access for servicing, fire protection and required
off-street parking and loading.
1.
Access to business districts. No land which is located
in a residential district shall be used for a major access route to
any land which is located in any business or industrial district;
provided however, that this Section shall not prohibit pedestrian
walks and driveway connections between residential districts and neighborhood
shops when incorporated as part of a planned district development.
2.
Through lots. A through lot having one (1) end abutting
a limited access highway, with no access permitted to that lot from
said highway, shall be deemed to front upon the street which gives
access to that lot.
B.
Bulk And Area Exceptions.
1.
Structural projections. Chimneys, cooling towers,
elevator headhouses, church steeples, radio, television and microwave
transmission towers, or necessary mechanical appurtenances usually
required to be placed above the roof level and not intended for human
occupancy, are not subject to the height limitations contained in
the district regulations, except that such structural projections
shall not exceed the height regulations of the district in which the
structure is situated by more than fifteen percent (15%), except as
indicated below.
a.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed and reviewed in accordance with Article X of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
b.
Radio, television and microwave transmission towers shall only be
permitted upon sites located within the "C-2" and "PD" zoning districts.
c.
Mechanical equipment or other utility hardware on the roof of or
ground surrounding buildings shall be screened from public view with
materials complementary to the building, or it shall be located so
as not to be visible from any public way.
3.
Every part of the required yard shall be open to the sky and unobstructed
except for accessory buildings in the rear yard, terraces, lawn sculpture,
cornices and ornamental features, and fences. However, no fence may
be erected in any required front yard, as herein defined, except that
the Building Commissioner may grant a permit for the erection of a
front yard fence on a corner lot subject to all the following provisions:
a.
Fences located within any required front yard shall not exceed forty-eight
(48) inches in height, as measured from the topmost point thereof
to the ground adjacent to the fence.
b.
At least forty percent (40%) of the area of said fence shall be open
as viewed on any line perpendicular to the vertical plane of the fence.
c.
No front yard fence shall be erected within ten (10) feet of the
front property line.
Exception: A front yard fence with at least
seventy percent (70%) of said fence open as viewed on any line perpendicular
to the vertical plane of the fence shall not be erected within five
(5) feet of a front property line.
d.
No wire or steel mesh wire fencing or chain link fencing may be used
in any manner as part of the fence in the required front yard.
e.
No fence exceeding forty-eight (48) inches in height shall be erected
on any part of a lot in front of the front line of the main building
or in either front yard of lots having a double frontage.
f.
Within thirty (30) feet of an intersection of two (2) or more streets,
fences, hedges or other vegetation which do not exceed two (2) feet
in height may be built or planted, provided they do not, in the opinion
of the Traffic Committee, obstruct vision of the operators of vehicles
or pedestrians.
g.
All fences shall be erected and continuously maintained in accordance
with the provisions of the Building Code and this Code.
h.
In residential areas having through lots facing streets to both front and rear and where seventy-five percent (75%) or more of the existing dwellings have observed a uniform building orientation, fences may be erected on their rear property lines in accordance with Section 505.150 of this Code, provided that no such fence shall be allowed to obstruct clear vision of vehicular traffic at intersections regardless of boundary line location and may not exceed six (6) feet in height in any case.
i.
In commercial areas having through lots facing streets to both front and rear and where seventy-five percent (75%) or more of the existing buildings have observed a uniform building orientation, fences may be erected on their rear property lines in accordance with Section 505.150 of this Code, provide that no such fence shall be allowed to obstruct clear vision of vehicular traffic at intersections regardless of boundary line location and may not exceed eight (8) feet in height in any case.
4.
Open or lattice-enclosed fire escapes, fireproof outside stairways,
unenclosed porches, marquees, 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
Commissioner when placed so as not to obstruct light and ventilation.
5.
An open unenclosed porch may project from the main building into
a front yard for a distance not exceeding ten (10) feet.
6.
A mechanical air condensing unit may be placed in a required side
yard provided the unit size is of six (6) tons or less and the unit
discharges the air to the top. The unit shall be screened from the
view of the public right-of-way.
7.
Any exterior mounted satellite dish-type antenna used to receive
or transmit television, radio or other electronic signals shall be
subject to the following requirements and shall be permitted only
upon compliance with them:
a.
Definition. As used herein, the term "satellite
dish-type antenna" shall mean any device incorporating a
reflective surface that is solid, open mesh, or bar configured and
is in the shape of a shallow dish, cone, horn, cornucopia or flat
plate, which is used or may be used to receive or transmit television
signals, radio or electromagnetic waves between terrestrially and/or
orbitally based units. This definition is meant to include, but not
be limited to, what are commonly referred to as satellite earth stations,
satellite receivers, satellite discs, satellite dishes, direct broadcast
systems (DBSs), television reception only systems (TVROs), and satellite
microwave antennas.
b.
Building permit requirements. A building permit
shall be required for any satellite dish-type antenna, and such permit
shall conform to the following standards and criteria:
(1)
No such antenna may be erected or maintained which is larger
than six (6) feet in any linear dimension or which has any part more
than eight (8) feet in height above ground level.
(2)
No more than one (1) such antenna may be located upon any building
lot, except for commercial and industrial lots in the "C-1", "C-2",
"PD-MxD" and "PD-C" Districts.
(3)
In any residential zones, the antenna installation shall be
groundmounted and shall be located only in the buildable area of a
rear yard of a lot and not in the required setback areas of the lot,
and in no case closer than eight (8) feet from any property line.
In the case of the "R-5" Multi-Family District, one (1) master receiving
antenna may be permitted to service the entire development at any
location subject to the approval of the City Council. Roof-mounting
of antennas shall be permitted upon commercial and industrial buildings
within the "C-1" Neighborhood Business District, "C-2" General Business
District, and the "PD" Planned Development District, provided that
such antennas are placed in such a fashion as not to be visible from
surrounding properties or the street, and that they are not to be
mounted upon appurtenances such as chimneys, towers, trees, poles
or spires.
(4)
No solid surface shall be allowed for an antenna located in
a residential zone; all satellite dish-type antennas in such zones
shall be made of open-mesh material.
(5)
All satellite dish-type antennas shall be a neutral color. For
purposes of this Subsection, black and grey shall be considered neutral
colors; and other colors may be considered neutral colors if they
blend with surrounding dominant colors so as to help camouflage the
antenna and are neither bright nor metallic.
(6)
All satellite dish-type antennas shall be screened from view
from the public and private streets or otherwise located on the building
lot area in such a manner as to eliminate their visibility from the
public and private streets. Screening materials may consist of such
items as walls, fences, buildings, mature plant materials or earth
berms, if and to the extent such items are otherwise permitted under
this Chapter. Screening shall not be required to the extent it would
block incoming reception or outgoing transmission signals from the
antenna in question.
(7)
No advertising in any form shall be permitted on any part of
the satellite dish-type antenna, except for a six (6) inch square
displaying the manufacturer's or distributor's company name; such
square are may not be on the concave side nor on the upper fifty percent
(50%) of the convex side of the antenna.
c.
Construction requirements. All satellite dish-type
antennas shall be constructed in accordance with the following requirements:
(1)
All structural supports shall be of galvanized metal.
(2)
Wiring between the antenna and a receiver shall be placed at
least four (4) inches beneath the surface of the ground within rigid
conduit.
(3)
All antennas shall be designed to withstand a wind force of
eighty-five (85) miles per hour without the use of any supporting
guy wires.
(4)
Any driving motor shall be limited to one hundred ten (110)
volts maximum power design and shall be encased in protective guards.
(5)
All antennas shall be bonded to a ground rod.
d.
Application requirements. The application for a
building permit and satellite dish approval pursuant hereto shall
include a dimensioned site plan depicting the proposed location, adjacent
properties, screening provisions, and the manufacturer's and installer's
installation requirements and product specifications; a drawing or
picture of the proposed antenna with all its pertinent dimensions;
and a drawing of the proposed method of installation, including footings
and base supports. The building permit official for the City may require
any additional information from the applicant which would assist in
determining visual intrusion, signal reception or transmission requirements
and structural safety.
e.
Additional requirements. In addition to the aforementioned
construction performance standards, the construction and installation
of each satellite dish-type antenna shall conform to all requirements
of the City of Richmond Heights's adopted Building and Electrical
Codes.
f.
Variances for signal requirements. Applicants may
request variances from the requirements of this Chapter where and
to the extent necessary to obtain reasonable satellite signal transmission
or reception. Said request for variances shall be heard by an administrative
review board consisting of the Building Commissioner, Zoning Administrator
and City Manager. Applicants shall submit any information required
by the administrative review board to substantiate the need for a
variance.
C.
Visibility At Intersections. On a corner lot in any district,
development shall conform to the requirements of the sight triangle
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to materially impede vision between a height of
two (2) feet and eight (8) feet above the grades at the back of the
curb of the intersecting streets, within the triangular area formed
by the right-of-way lines and a line connecting them at points thirty
(30) feet from their point of intersection or at equivalent points
on private streets, except that the sight triangle shall be increased
for certain uses when deemed necessary for traffic safety by the City
Council.
D.
General Bulk Regulations.
1.
Continued conformity. No legally required yards,
courts, other open space or minimum lot area allocated to any structure
shall, by virtue of change of ownership or for any other reason, be
used to satisfy yards, courts, legally required parking areas, other
open spaces or minimum lot area requirements for any other structure,
and there shall be no permitted obstructions in required yards except
as otherwise set forth herein.
2.
Division of real property.
a.
No lot unimproved or improved with a structure or structures shall
hereafter be subdivided into two (2) or more lots and no portion of
any lot which is unimproved or improved with a structure or structures
shall be sold unless all lots resulting from each such subdivision
meet one (1) of the two (2) following criteria:
b.
All subdivided lots shall be appropriately recorded plats as required
by St. Louis County.
3.
Required yards for existing structures. No yards
now or hereafter provided for a structure existing on the effective
date of this Chapter (October 3, 1988) shall subsequently be reduced
below the minimum yard requirements of this Chapter for equivalent
new construction. If already less than such yard requirements, it
shall not be further reduced.
4.
Commercial/industrial rear yards. No rear yard shall
be required in "C-1" zoning district or any lot used for business
or industrial purposes, the rear line of which adjoins a railway right-of-way
or which has a rear railway track connection.
E.
Fire Protection Requirements. Each permitted use shall have
a hydrant located within three hundred (300) feet of the lot line
sufficient to deliver water for fire protection.
F.
(Reserved)
[Ord. No. 4238 §2(402.0), 10-3-1988; Ord. No. 4274 §5, 6-5-1989; Ord.
No. 4335 §1, 6-4-1990; Ord. No. 4363 §2, 9-17-1990; Ord. No. 4458 §§1 —
2, 9-21-1992]
A.
Authorization. Accessory uses are permitted in any zoning
district in connection with a principal permitted use.
B.
Permitted Accessory Uses. A permitted accessory use is any use or structure which complies with the definition in Article II, including but not limited to the following typical uses:
1.
Private garages or carport.
2.
Off-street parking and loading spaces as required by Article VI and any additional off-street parking or loading spaces which are devoted exclusively to the principal use or activity, unless specifically prohibited under Subsection (C) of this Section, except that no residentially zoned property without a residence shall be used for parking.
a.
Parking in residential zones will be allowed only on non-permeable
pavement.
[Ord. No. 5297 §1, 8-3-2015]
b.
As parking is an accessory use, subordinate to the principal structure
on the property, the total area allotted to parking shall be less
in area than the area provided for the principal structure.
3.
A structure for storage incidental to a permitted use (limited to
a floor area equivalent to ten percent (10%) of the floor area of
the use to which it is necessary).
4.
A child's playhouse.
5.
Greenhouses.
6.
Swimming pool.
7.
Tennis court.
C.
Specifically Prohibited Uses.
1.
It shall be unlawful for any person, firm or corporation to occupy
or use any land, building or part thereof for any accessory use which
is specifically prohibited herein.
2.
The following are specifically prohibited accessory uses:
a.
Repair or service of any motor vehicle in any residential zoning
district unless the activities are confined within a completely enclosed
building or unless the repairs are limited to those defined herein
as motor vehicle maintenance and are fully completed within a period
of twenty-four (24) hours or less; provided that all such repairs
shall be limited to the vehicles of the resident or residents living
within the principal building.
b.
Open storage of major recreational equipment, which must be stored
behind the building line, shall be limited to no more than a total
of two (2) such pieces of equipment, provided neither shall be longer
than twenty (20) feet, as reflected on the State registration of such
equipment. If one (1) such piece of equipment is longer than twenty
(20) feet, open storage of only one (1) such piece of equipment shall
be allowed, but in no event shall any such piece of equipment exceed
thirty-two (32) feet in length.
c.
An accessory use shall not be used for living, sleeping or housekeeping
purposes.
D.
Bulk Regulations.
1.
Accessory structures and uses shall be set back at least five (5)
feet from the rear lot line.
2.
Accessory structures and uses shall maintain the same side yard as
is required for the principal structure located on the zoning lot,
except that off-street parking, fences and walls may be located in
required side yards.
3.
Existing detached garages, on lots having a width of fifty (50) feet
or less, which are non-conforming for failure to meet the bulk regulations
for an accessory use in the applicable residential zoning district
regulations, may be repaired, structurally renovated or replaced,
provided no increased encroachment takes place. A detached garage
and/or storage building may encroach into the legal side yard, provided
the point of said garage and/or storage building nearest to the closest
dwelling unit on an adjacent lot maintains the distance required in
the following table and provided that no part of the proposed garage
and/or storage building shall encroach on an existing utility easement:
|
|
All "R-1" Districts
|
24 feet
|
|
All "R-2" Districts
|
16 feet
| |
|
"R-3" and "R-4"
|
12 feet
| |
|
"R-5"
|
20 feet
|
4.
Accessory structures and uses shall otherwise comply with the bulk
regulations applicable to the district in which they are located.
5.
Except for garages and swimming pools, no accessory building or structure
shall be larger in total area than ten percent (10%) of the total
rear yard area.
6.
In no event shall the total square footage of accessory structures,
including detached garages, exceed twenty-five percent (25%) of the
total rear yard area.
7.
Accessory buildings or structures may not exceed one (1) story or
twelve (12) feet in height in all dwelling districts. The height shall
be determined by measuring from the grade level to the bottom of a
flat roof or to the bottom of the rafters of a pitched roof.
8.
Swimming pools may be of any size but shall not encroach into any
side yard.
9.
At least fifty-five percent (55%) of the required front yard
area and twenty-five percent (25%) of the required rear yard shall
be permeable and landscaped, which landscaping shall consist of living
trees, shrubbery, grass, flowers and/or ground cover. Property with
a front entry garage and paved driveway leading to it may have additional
non-permeable surface, provided that at least forty percent (40%)
of the required front yard is permeable and landscaped.
[Ord. No. 5297 §1, 8-3-2015]
E.
Use Limitations. All accessory structures and uses shall
comply with the use limitations applicable to the zoning district
in which they are located and with the following additional use limitations:
1.
No accessory structure shall be occupied prior to the time of the
completion of the construction of the principal structure to which
it is accessory except as a temporary construction facility during
construction of the principal building.
2.
No accessory structure shall be permitted in a front yard in any
residential district.
[Ord. No. 4238 §2(403.0), 10-3-1988]
A.
Authorization. Any home occupation which is customarily
incidental to the principal use of a building as a dwelling shall
be permitted in any dwelling unit; provided that any necessary permit
has been issued.
B.
Use Limitations. In addition to all use limitations applicable
to the district in which it is located, no home occupation shall be
permitted unless it complies with all the following provisions:
1.
The business shall not employ persons other than members of the family
residing on the premises.
2.
No more than twenty-five percent (25%) of the total enclosed floor
area, excluding accessory uses, may be used for such business including
basement, garage or attic spaces of a dwelling unit.
3.
No alteration of a principal residential structure shall be made
to accommodate a home occupation which changes the character thereof
as a dwelling.
4.
No mechanical equipment or process shall be used which creates noise,
vibration, glare, fumes, odors or electrical interference detectable
to the normal senses outside the residential structure.
5.
There shall be no warehousing or exterior storage of equipment.
6.
No signs shall be allowed for permitted home occupations.
7.
Home occupations shall be permitted for the individual occupying
a dwelling as his/her residence.
C.
Permitted Home Occupations. Customary home occupations include, but are not limited to, the following list of occupations, provided however, that each listed occupation shall be subject to the limitations of Section 405.370.
1.
Dressmakers, seamstresses, tailors.
2.
Teachers, provided that instructions shall be limited to one (1)
pupil at a time.
3.
Artists, sculptors, authors or composers.
4.
Office facilities for architects, engineers, lawyers, realtors, insurance
agents, brokers and members of similar professions.
5.
Office or study of ministers, rabbis or priests.
6.
Office facilities for salesmen, sales representatives, manufacturers'
representatives, when no retail or wholesale sales are made or transacted
on the premises.
7.
Home crafts, such as model making, rug weaving, lapidary work, cabinet
making, etc., provided that no machinery or equipment be used or employed
other than that which would customarily be found in a home. Machinery
or equipment which would customarily be found in the home shall include
machinery or equipment which would customarily be employed in connection
with a hobby or a vocation not conducted for gain or profit.
8.
Nursery schools and day care centers with four (4) children or less.
9.
Office facilities for independent contractors subject to no outside
storage of supplies or equipment.
