City of Eldon, MO Zoning Regulations

The Zoning Ordinance is adopted to promote the health, safety, morals, comfort and general welfare; to secure economic and coordinated land use; and to facilitate the adequate provision of public improvements.

Section 400.030 Definitions.

[CC 1988 §22.020; Ord. No. 1765 §1, 5-25-1999; Ord. No. 2011-52 §1, 12-13-2011]

For the purpose of this Chapter, certain words and phrases are herein defined. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specified meaning. Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not permissive; the term "used for" includes the meaning "designed for" or "intended for". The following words and phrases are defined:

ACCESSORY STRUCTURE

Any structure, the use of which is incidental to the principal use of another structure on the same premises. Examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

[Ord. No. 09-2022, 3-8-2022[1]]

Structures To Be Excluded From The City Limits As Accessory Structures. Any structure defined as a cargo container, shipping container, trailer designed to be used as part of a semi-tractor trailer combination or tractor trailer box which are used to store materials are not allowed within the City of Eldon for the purpose of long-term storage. These types of containers will be allowed as temporary containers on sites of construction with permission of the Codes Department for a term not to exceed six (6) months without an extension granted by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

ACCESSORY USE

A use incidental and subordinate to the principal use of the premises.

AGRICULTURAL LAND

Land used for farming.

ALLEY

A minor way affording secondary access to properties which otherwise abut on a street.

APARTMENT

A room or suite of rooms within a building, provided with separate cooking facilities and intended as a single dwelling unit.

AUTOMOBILE (AUTOMOTIVE)

As used herein, the term includes passenger cars, motorcycles, vans, pickup trucks.

BASEMENT

A story having part but not more than one-half (½) of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

BOARDING HOUSE OR LODGING HOUSE

A building, other than a hotel, where lodging and/or meals are provided for three (3) to ten (10) persons for compensation, pursuant to previous arrangements, but not for the public or transients.

BUILDING

A structure that is affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof, and is designed or intended for use as a shelter.

BUILDING - HEIGHT OF

The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

CHILD CARE CENTER, DAY CARE CENTER, CHILD EDUCATION CENTER, CHILD EXPERIMENT STATIONS OR CHILD DEVELOPMENT INSTITUTIONS

A place for reception, care, training or instruction of five (5) or more children under the age of thirteen (13) years, not including children of a family residing on the premises, for compensation or otherwise, for any part of a twenty-four (24) hour day, providing that nothing herein contained shall be construed as applying to the regularly established public, private or parochial schools.

CLUB

A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public.

COMMISSION

The Planning Commission of the City of Eldon, Missouri.

COMMUNITY CENTER

A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational or educational needs of the community or neighborhood.

CONDITIONAL USE

A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission according to provisions of Section 400.250.

DISTRICT

A part of the City wherein regulations of this Chapter are uniform.

DWELLING

Any building or portion thereof used exclusively for human habitation, except hotels, motels or mobile homes.

DWELLING, MULTIPLE-FAMILY

A building or portion thereof designed for or occupied exclusively by three (3) or more families.

DWELLING, SINGLE-FAMILY

A building designed for and occupied by one (1) family.

A group home for the handicapped in which eight (8) or fewer unrelated mentally retarded or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons residing in the home.

DWELLING, SINGLE-FAMILY ATTACHED

Two (2) or more single-family dwellings sharing common wall areas, each on its own individual lot.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two (2) families.

DWELLING UNIT

A room or group of rooms located within a dwelling forming a habitable unit for one (1) family.

ELEMENTARY SCHOOL

A school for the first four to six grades and includes kindergarten.

[Ord. No. 15-2020, 5-12-2020]

FAMILY

An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen.

FARMING

Using or cultivating land for the production and harvest of horticultural crops; including trees, shrubs, vegetables, fruits or other plant products, provided however, "farming" shall not include a processor of farm products or a distributor of farming supplies, contracting to provide spraying, harvesting, or other farming services or the keeping, producing, raising, housing, storage or processing of livestock unless the same is conducted on a parcel of thirty (30) or more acres.

[Ord. No. 2015-22 §1, 7-14-2015]

FENCE

A hedge, bushes, trees or similar screening material of wood, steel or concrete serving a similar purpose in obstructing view, separating, enclosing or designating property lines.

FENCE, SIGHTPROOF

A solid or semi-solid screen constructed to prevent the passage of debris or light, comprised of either brick, stone, masonry units, wood or similar materials. Chain link fence may be used so long as slats are installed to prevent the passage of light through the unit. A sightproof fence may include supporting plant material.

GARAGE, PRIVATE

An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is an accessory.

GOVERNING BODY

The Board of Aldermen of the City of Eldon, Missouri.

GROUP HOME FOR THE HANDICAPPED

A residential facility for the developmentally disabled where meals, lodging, supervision and training are provided. A home with no more than eight (8) unrelated handicapped or mentally retarded residents and two (2) houseparents is a "single-family dwelling" for municipal zoning purposes.

HANDICAPPED

Any person who has a physical or mental impairment which substantially limits one (1) or more major life activities (functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working); has a record of such an impairment (has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities). Impairments include the following disabilities:

Aging. Those manifestations of the aging processes that significantly affect mobility, flexibility, coordination and perceptiveness but are not accounted for in the aforementioned categories.

Hearing. Deafness or hearing handicaps that might make an individual insecure in public areas because he/she is unable to communicate or hear warning signals.

Incoordination. Problematic coordination from brain, spinal or peripheral nerve injury.

Non-ambulatory. Impairments that cause individuals to use wheelchairs.

Semi-ambulatory. Impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, arthritics, and those with pulmonary and cardiac problems may be semi-ambulatory.

Sight. Total blindness or impairments affecting sight to the extent that the individual functioning in public areas is insecure or exposed to danger.

HOME-BASED WORK

Any lawful occupation performed by a resident within a residential home or accessory structure which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and does not change the residential character of the residential building or adversely affect the surrounding neighborhood.

[Ord. No. 23-2023,[2] 4-11-2023]

LOT

A parcel of land occupied or intended for occupancy for a use permitted in this Chapter, including one (1) main building together with its accessory building, open spaces and parking spaces required by this Chapter, and having its principal frontage upon a road or street.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersections.

LOT DEPTH

The main horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE OR THROUGH

A lot having a frontage on two (2) non-intersecting roads, as distinguished from a corner lot.

LOT, INTERIOR

A lot other than a corner lot.

LOT OF RECORD

A lot or parcel of land, the plat or deed of which has been recorded prior to the adoption of this Chapter.

LOT WIDTH

The width of a lot at the front setback line.

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility or to a medical marijuana-infused products manufacturing facility.

[Ord. No. 15-2020, 5-12-2020]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility- a medical marijuana testing facility or a medical marijuana-infused products manufacturing facility.

[Ord. No. 15-2020, 5-12-2020]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri to acquire, store, manufacture, transport and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

[Ord. No. 15-2020, 5-12-2020]

MEDICAL MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri to acquire, test, certify and transport marijuana.

[Ord. No. 15-2020, 5-12-2020]

MOBILE HOME

A dwelling unit designed and used for residential purposes; constructed or fabricated within a factory; designed to be transported as a single unit to a site; ready for occupancy, except for minor unpacking and assembling on the site; complete with integral electrical, mechanical and plumbing systems capable of being connected to utilities provided at the site; and bearing a seal issued by the Public Service Commission evidencing that the mobile home compiles with ANSI (American National Standards Institute) Standards A119.1.

MOBILE HOME PARK

Any site, parcel, lot or tract of land five (5) acres or larger; designed, developed, maintained or intended to be used for the placement of two (2) or more mobile homes and may include accessory uses thereof.

MOBILE HOME SPACE

A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

PORTABLE BUILDINGS

Any building less than four hundred (400) square feet manufactured for use as a storage building only. An owner or contractor, with prior approval of the Codes Enforcement Department of the plans and materials to be used may construct a portable building. A portable building does not require a foundation. A building manufactured for use as a portable building of one hundred twenty (120) square feet or less does not require a permit, unless the building contains electric or plumbing facilities. Any structure containing electrical and/or plumbing facilities must be anchored to the ground in an approved manner. All portable buildings must meet a side and rear yard set back at least ten (10) feet and a front yard set back equal to that established in the individual zoning regulations.

PUBLIC UTILITY FACILITIES

Facilities including electrical, telephone, natural gas, water, sewage, solid waste, radio, television and cable television, such as radio towers, electric or telephone substations, water well and treatment plants, sewage treatment facilities, and pipe line valves or substations.

RELIGIOUS INSTITUTION

A building used for religious activities, particularly for religious worship services.

[Ord. No. 15-2020, 5-12-2020]

SCREENING

Landscaping, fencing or walls or any combination thereof whether existing naturally or placed with the intent of obscuring view

SECONDARY SCHOOL

A school that is intermediate in level between elementary school and college and that usually offers general, technical, vocational, or college-preparatory curricula.

[Ord. No. 15-2020, 5-12-2020]

SIGHT DISTANCE TRIANGLE

The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

STRUCTURAL ALTERATION

Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.

TRAILER

See "Mobile Home".

YARD

An open area between the structure setback lines of a lot as established by the regulations of a particular zoning district and the property lines of the same lot.

YARD, FRONT

A yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimensions of the lot, except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.

YARD, REAR

A yard extending the full width of the lot between a principal building and the rear lot line.

YARD, SIDE

A yard between the main building and the side line of the lot and extending from the front yard to the rear yard line.

YARD WIDTH AND DEPTH

The shortest horizontal distance from a lot line to the main building.

[1]

Editor's Note: The definition of "accessory building," which immediately preceded this definition, was repealed 3-8-2022 by Ord. No. 09-2022.

[2]

Editor's Note: This ordinance also repealed the former definition of "home occupation."

Section 400.040 Establishment of Districts — Zoning Map.

[CC 1998 §22.030]

For the purpose of this Chapter, the City of Eldon, Missouri, is divided into the following districts:

	District Classification	Code Designation
	"A-1" General Agricultural	"A-1"
	"R-1" Residence	"R-1"
	"R-2" Residence	"R-2"
	"R-3" Residence	"R-3"
	"RMH" Residential Mobile Home Park	"RMH"
	"C-1" Neighborhood Commercial	"C-1"
	"C-2" Highway Commercial	"C-2"
	"C-3" Central Commercial	"C-3"
	"I-1" Industrial	"I-1"

The boundaries of these districts are hereby established as shown on the "Official Zoning Map" of the City of Eldon, Missouri, as adopted by Ordinance No.756 (1970), together with all subsequent amendments thereto. All district classifications, however, need not appear on the Zoning Map at one time. Official copies of said map shall be maintained in the Codes Department and the office of the City Clerk and shall be public records. All subsequent amendments to the Zoning Maps shall be designated on said official copies. The Planning Commission may, at its discretion, cause the "Official Zoning Map" and its official copies thereof to be photographed, microphotographed, photostated or reproduced on file, which maps when so reproduced shall be deemed to be an original record for all purposes.

[Ord. No. 57-2022, 9-27-2022]

Section 400.050 Interpretation and Extension of District Boundaries.

[CC 1988 §22.040]

The Board of Zoning Adjustment shall interpret the provisions of this Chapter in accordance with the City of Eldon Revised Ordinances, Section 400.300.

Any area which may hereafter be annexed to the City of Eldon, Missouri, shall be in the "A-1" General Agricultural District classification until changed by ordinance designating another district classification to such area.

Whenever any street, alley or other public way is vacated by official action, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

Where uncertainty exists as to the boundaries of the districts as shown on the Eldon Official Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the centerline of streets, highways, alleys or other public rights-of-way shall be construed to be said boundary.

Boundaries indicated as approximately following platted lot lines shall be construed to be said boundary.

Boundaries that divide a lot or parcel of property, location of any such boundary shall be determined by the use of the scale appearing on such map.

Section 400.055 Home-Based Work.

[Ord. No. 24-2023, 4-11-2023]

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

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

Prohibit service by appointment within the home or accessory structure;

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

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

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

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

The application of this Section does not supersede any deed restriction, covenant, or agreement restricting the use of land, not any mater deed, by law or other document applicable to a common interest ownership community.

Prohibited home-based work in R-1, R-2, R-3:

Groceries — retail.

Equipment rental.

Automobile and other motor vehicle repair.

Physicians.

Dentists.

Secondhand merchandise — retail.

Home-based work that creates an unsafe or violates the peace of the neighborhood or area.

Section 400.060 Regulations For Manufactured Homes. [1]

[Ord. No. 1717, 7-28-1998]

Purpose. The purpose of this Section is to set forth standards for the placement, construction and architectural appearance of manufactured homes within the City. The intent of this Section is to ensure that manufactured homes are compatible with other dwellings in residential neighborhoods and met a minimum construction, placement and architectural standard while providing an alternative means of affordable home ownership for the residents of the community.

Occupancy Restrictions. Manufactured homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.

These regulations apply to modular homes which shall be subject to the same zoning standards as site built houses.

Siting Requirements. Each manufactured home placed on an individual lot shall:

Be occupied only as a single-family dwelling and be permitted in the same districts as single-family dwellings, unless the manufactured or modular home is intended for a different purpose, in such a case the structure shall be evaluated for its intended purpose. All structures shall meet the footing requirements below.

Be placed in conformance with all zoning and setback requirements established for the district in which located.

Accessory structures, which are limited to a garage and a shed, shall be placed in conformance with the setback and dimensional requirements established for the district in which located.

Have a minimum width of not less that twenty-two (22) feet as measured at all points perpendicular to the length of the manufactured home. This standard is intended to restrict units to the type which are brought to the site in parts, typically two (2) halves.

Any replacement of a single-wide trailer in a trailer park and residential area must be no more than twenty (20) years old or newer from the year that we are in. The City Inspector must inspect the trailer or look over the floor plans and must meet all City of Eldon codes, including getting a recommended building permit.

[Ord. No. 42-2020, 9-22-2020]

Roof must be gable or hip roof of at least three (3) in twelve (12) or greater and covered with material that is residential in appearance including, but not limited to, approved wood, asphalt composition or fiberglass shingles but excluding corrugated aluminum, corrugated fiberglass or metal roofs. Except for permitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches.

Have the main entry door facing the street on which the manufactured home is located. A sidewalk shall be installed from the street, driveway or sidewalk adjoining neighboring lots to the front door. The unit must be oriented on the lot so that its front entry is parallel with the street.

Have exterior surface and window treatments that to the maximum extent possible are architecturally compatible with those of neighboring properties, excluding smooth and ribbed or corrugated metal.

Be placed on a parcel according to a pre-submitted and approved plot plan as described on the permit. In addition, an illustration of the finished appearance of the unit shall be provided.

10.

Units shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.

Pier pads are not permitted.

All footings shall have reinforced steel as dictated by appropriate Building Code.

Anchors shall be imbedded in the footing or foundation to HUD, PSC or manufacturer's specifications.

For illustration, three (3) sample footings are attached to this Chapter.

11.

A vapor barrier shall be in place in accordance with the Uniform Building Code.

12.

The exterior facade material shall consist of continuous concrete, block, brick, flagstone, natural rock, poured concrete or masonry suitable for the outer portion of a finished residence.

13.

Have the tongue and running gear, including axles, removed.

14.

Maintain a minimum of eighteen (18) inches of crawl space under the entire manufactured home. All facades and foundations shall have permanently installed venting in accordance with the manufacturer's requirements. Deletions or omissions of vents is not allowed and homes will not be approved for occupancy without appropriate venting.

15.

Have permanent steps set at all exits. All means of egress shall be built to existing Building Code.

16.

Be served by a water supply and sewage disposal system meeting the established City requirements.

17.

Underground public utilities shall be required, where available. All utility attachment shall be completed per Building Code.

18.

Property owner shall declare the manufactured home as real property and must so record with the Miller County Assessor.

Inspections. Each manufactured home approved for placement on a parcel shall be subject to the following inspections:

Siting to insure zoning requirements. A footing inspection prior to placement of the manufactured home shall be required to check for conformity with requirements, placement of vapor barrier, depth of crawl space, and proposed vent placement.

Foundation anchors and utility connections or landings.

Steps at all doors prior to occupancy. Permanent steps shall be placed within ninety (90) days of occupancy. "Permanent steps" shall be defined as a means of egress that is anchored or permanently attached to the ground in accordance with the Building Code.

A final inspection shall be conducted prior to permanent occupancy and prior to the expiration of the building permit. Final approval to occupy the dwelling shall not occur until the final inspection is complete. Failure to receive a final inspection is a per se violation of this Chapter subject to a fine and imprisonment.

The permittee shall give the Building Official notice when the premises are ready for inspection and shall not proceed further until approval has been given by the official pursuant to each inspection.

Non-Conformity. All legal existing occupied mobile and/or manufactured homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform with the requirements of this Chapter. Any such existing mobile and/or manufactured home shall be removed when unoccupied for a period in excess of six (6) months.

Violations. Violators of this Section shall be subject to the usual penalties for violation of the zoning ordinance specified in Section 400.330.

Mobile homes, any manufactured home not meeting the requirement set forth in Subsection (D)(4 — 6) of this Section, by definition shall be allowed in "RMH" zoning district only.

Appendix A Detail of Slab Footing

	Diagram 1

	Diagram 2

	Diagram 3

	Diagram 4

[1]

Cross Reference — As to slab footings and all diagrams attached thereto, see appendix A to §400.060.

Section 400.070 District Regulations.

[CC 1988 §22.100]

The use and development of land and structures within any zoning district are limited to those uses and developments set forth in those Sections of this Chapter applicable to such district.

Section 400.080 "A-1" General Agricultural District Regulations.

[CC 1988 §22.105]

Scope Of Provisions. This Section contains the district regulations of the "A-l" General Agricultural District. These regulations are supplemented and qualified by additional general regulation appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "A-1" General Agricultural District is designed to allow low density residential development in the rural fringe area where municipal or public services may be limited or lacking to serve normal urban development, demands or densities.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Single-family detached dwellings.

Schools, public or private kindergarten, elementary, secondary and preschools.

Public, private or country club golf courses, but not miniature golf courses or driving ranges.

Public parks, playgrounds, swimming pools, community centers, athletic fields and recreation buildings therein.

Churches or other places of worship.

Customary home occupations.

Greenhouses and nurseries.

Farming (as defined in these regulations).

Temporary roadside stands for the sale of farm products grown on the premises; provided however, that up to one-third (1/3) of the display area for produce may be used for the sale of products not grown on the premises. Such a temporary stand shall be required to set back from the edge of the roadway pavement at least twenty-five (25) feet to permit adequate ingress, egress and parking.

10.

Public stables or riding academies.

Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 400.250, Conditional Use Permits.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof, or

Placed underground, or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening the facilities shall be submitted to the Commission for review. No building permit or installation permit shall be issued until these plans have been approved by the Commission.

Private, not-for-profit clubs, private, not-for-profit recreational land uses and community centers.

Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded.

Public facilities when used by City, County, State or Federal Governments, except correctional or penal buildings and those buildings used principally for maintenance and storage purposes.

Cemeteries.

Kennels.

Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Customary accessory buildings including private garages, carports, pergolas, swimming pools, fireplaces, and other accessory buildings which are subordinate in use.

Off-street parking, as required by Section 400.190.

Satellite receiving dish.

Medical marijuana cultivation facilities subject to use provisions outlined in Code Section 400.400.

[Ord. No. 15-2020, 5-12-2020]

Height Limitations For Structures. The maximum height of structures in the "A-1" General Agricultural District shall be as set out below.

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less.

All other structures, other than a public utility tower authorized by a conditional use permit, shall not exceed forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 400.220, Air Navigation Space Regulations.

Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "A-1" General Agricultural District shall be as set out below.

Minimum lot area requirements.

Minimum lot area. Five (5) acres.

Minimum lot area per family. Five (5) acres,

Any lot or tract of record on the effective date of the Chapter, which contains less than five (5) acres but at least twenty thousand (20,000) square feet, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nevertheless be used for a single-family dwelling.

Minimum yard requirements — general.

Front yard. No structure shall be allowed within eighty (80) feet measured from the centerline of the traveled street or road.

Side yard. No structure shall be allowed within twenty (20) feet of any side property line.

Rear yard. No structure shall be allowed within thirty (30) feet of any rear property line.

Specific yard requirements and exceptions.

Corner lot or double frontage lots shall provide the setback for both streets.

Notwithstanding any other provisions of this Chapter, on corner lots no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Commission. Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in any "R" Residence District, and the light shall not spill directly onto abutting properties or upon the adjacent street right-of-way.

Chimneys, sills, cornices and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.

Fire escapes and balconies may project into a required yard a distance not to exceed three and one-half (3½) feet.

Porches and stoops which are not enclosed may project into a required yard a distance not to exceed five (5) feet.

A detached accessory building may not be erected within ten (10) feet of a rear lot line and must be located at least eighty (80) feet from the centerline of the traveled street or road.

[Ord. No. 2016-19 §§ 2 — 3, 7-12-2016]

Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.190, Off- Street Parking and Loading Requirements.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.090 "R-1" Residence District Regulations.

[CC 1988 §22.110; Ord. No. 1680 §1, 10-28-1997; Ord. No. 1716 §1, 7-28-1998]

Scope Of Provisions. This Section contains the district regulations of the "R-1" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "R-1" Single-Family Dwelling District is designed to allow low density residential development in an urban setting where all municipal or public services are provided. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population, limit traffic generation, and to provide adequate open space around buildings in the district to accomplish these purposes.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Single-family detached dwellings.

Schools, public or private kindergarten, elementary, secondary and preschools.

Public, private or country club golf courses, but not miniature golf courses or driving ranges.

Public parks, playgrounds, swimming pools, community centers, athletic fields and recreation buildings therein.

Churches or other places of worship.

Customary home occupations.

Agricultural uses, including nurseries and truck gardening, provided that no offensive odors or dust are created, and provided further that no retail sales shall be permitted on the premises nor the raising of livestock.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Commission for review. No building permit or installation permit shall be issued until these plans have been approved by the Commission.

Private, not-for-profit clubs, private, not-for-profit recreational land uses and community centers.

Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded.

Public facilities when used by City, County, State or Federal Governments, except correctional or penal buildings and those buildings used principally for maintenance and storage purposes.

Cemeteries

Child care center

Bed and breakfast, subject to the following:

Definition. A dwelling or portion thereof that contains guest rooms where short-term lodging, with or without meals, is provided for compensation.

Purpose. The purpose of these requirements is to minimize any possible adverse effects of a bed and breakfast on the surrounding neighborhood while providing opportunities to make better use of existing housing, particularly larger, older houses located on major streets.

Approval standards. All applications for a conditional use permit for bed and breakfast shall comply with the following requirements:

(1)

The use shall front on a primary arterial street if the property is zoned "R-1" (single-family), or on a collector street if the property is zoned another zoning district, or a street with a higher functional classification as designated by the major thoroughfare plan.

(2)

There shall be a maximum of ten (10) guest rooms in the bed and breakfast.

(3)

The bed and breakfast shall be located in an existing structure, i.e., additions shall not be built to provide bed and breakfast rooms nor shall a new structure be built expressly for a bed and breakfast. "New structure" meaning a residence constructed and completed within the last five (5) years.

(4)

No exterior alterations that would change the single-family character of the bed and breakfast, other than those necessary to ensure the safety of the structure, shall be made.

(5)

No residential structure shall be removed for parking or to expand the bed and breakfast.

(6)

Maximum two (2) weeks lodging shall be permitted, no monthly rentals.

(7)

There shall be no individual cooking facilities.

(8)

The facilities shall not be rented for receptions, parties or similar activities unless potential negative impacts, including, but not limited to, traffic, parking and noise, have been addressed and the activity is specifically permitted in the use permit. The operator may not operate a restaurant, tavern, deli or similar use but may periodically prepare food for resident guests, guest of resident guests, guests of parties, receptions and similar activities.

(9)

One (1) additional off-street paved parking space per guest room shall be provided on the premises.

(10)

The operator shall live in the bed and breakfast.

(11)

Only one (1) non-illuminated sign no larger than nine (9) square feet shall be permitted.

(12)

A business license shall be obtained annually and the owner shall verify that the conditions of the conditional use permit are still being met.

(13)

No bed and breakfast shall be located within six hundred (600) feet of another bed and breakfast as measured along continuous public street right-of-way from all streets abutting the bed and breakfast property, nor shall a bed and breakfast be located on property that abuts property on which another bed and breakfast is located.

(14)

No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

(15)

The applicant shall provide a floor plan showing the specific location of the area to be used for the bed and breakfast establishment.

(16)

Outside help may be hired.

(17)

A guest register shall be maintained and made available for inspection by the City at anytime requested during normal business hours.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Customary accessory buildings including private garages, carports, pergolas, swimming pools, fireplaces, and other accessory buildings which are subordinate in use.

Off-street parking, as required by Section 400.190.

Satellite receiving antenna.

Height Limitations For Structures. The maximum height of structures in the "R-1" Residence District shall be as set out below.

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less.

Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-1" Residence District shall be as set out below.

Minimum lot area requirements.

Minimum Lot Area. Seventy-five hundred (7,500) square feet.

[Ord. No. 2016-32 §§ 1 — 2, 9-13-2016]

Minimum Lot Area Per Family. Seventy-five hundred (7,500) square feet.

[Ord. No. 2016-32 §§ 1 — 2, 9-13-2016]

Minimum Lot Width. Seventy-five (75) feet.

Minimum Lot Depth. One hundred (100) feet.

[Ord. No. 2016-32 §§ 1 — 2, 9-13-2016]

Any lot or tract of record on the effective date of this ordinance, which contains five thousand (5,000) square feet in area or which has fifty (50) feet of width and street frontage may nevertheless be used for the dwelling described in this Chapter. The minimum square footage of the dwelling shall be seven hundred and fifty (750) square feet.

[Ord. No. 2015-31 §§1 — 2, 9-22-2015]

Minimum yard requirements — general.

Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

[Ord. No. 25-2018, 9-4-2018]

Side yard. No structure shall be allowed within ten (10) feet of any side property line.

Rear yard. No structure shall be allowed within twenty-five (25) feet of any rear property line.

[Ord. No. 25-2018, 9-4-2018]

Specific yard requirements and exceptions.

On corner lots a side yard of twenty (20) feet shall be provided on the side street.

Where lots comprising forty percent (40%) or more of the frontage of a block on the same side of the street are developed with buildings, the average of the existing front yards shall be the established minimum front yard depth for the entire frontage.

Notwithstanding any other provision of this Chapter, on corner lots no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

Chimneys, sills, cornices and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.

Fire escapes and balconies may project into a required yard a distance not to exceed three and one-half (3½) feet.

Porches and stoops which are not enclosed may project into a required yard a distance not to exceed five (5) feet.

A detached accessory building may not be erected within ten (10) feet of a rear lot line and must be located at least sixty (60) feet from the front street line.

[Ord. No. 2016-19 §§ 2 — 3, 7-12-2016]

Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section, 400.190. Off- Street Parking and Loading Requirements.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.100 "R-2" Residence District Regulations.

[CC 1988 §22.115; Ord. No. 1680 §1, 10-28-1997; Ord. No. 1716 §1, 7-28-1998; Ord. No. 2010-14 §1, 4-13-2010]

Scope Of Provisions. This Section contains the district regulations of the "R-2" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "R-2" Multiple-Family Dwelling District is designed to allow medium density residential development with the commingling of compatible single-family and multiple-family dwellings, home occupations, certain community facilities and special uses, yet retaining the basic residential qualities of a quiet living environment and limited vehicular traffic.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Two-family dwellings.

Single-family detached dwellings.

Schools, public or private kindergarten, elementary, secondary and preschools.

Public, private or country club golf courses, but not miniature golf courses or driving ranges.

Public parks, playgrounds, swimming pools, community centers, athletic fields and recreation buildings therein.

Churches or other places of worship.

Customary home occupations

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Private, not-for-profit clubs, private, not-for-profit recreational land uses and community centers.

Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded.

Public facilities when used by City, County, State or Federal Governments, except correctional or penal buildings and those buildings used principally for maintenance and storage purposes.

Cemeteries

Child care center

Bed and breakfast, subject to the following:

Definition. A dwelling or portion thereof that contains guest rooms where short-term lodging, with or without meals, is provided for compensation.

Approval standards: All applications for a conditional use permit for bed and breakfast shall comply with the following requirements:

(1)

The use shall front on a primary arterial street if the property is zoned "R-2" (two-family), or on a collector street if the property is zoned another zoning district, or a street with a higher functional classification as designated by the major thoroughfare plan.

(2)

There shall be a maximum of ten (10) guest rooms in the bed and breakfast.

(3)

(4)

No exterior alterations that would change the single-family character of the bed and breakfast, other than those necessary to ensure the safety of the structure, shall be made.

(5)

No residential structure shall be removed for parking or to expand the bed and breakfast.

(6)

Maximum two (2) weeks lodging shall be permitted, no monthly rentals.

(7)

There shall be no individual cooking facilities.

(8)

(9)

One (1) additional off-street paved parking space per guest room shall be provided on the premises.

(10)

The operator shall live in the bed and breakfast.

(11)

Only one (1) non-illuminated sign no larger than nine (9) square feet shall be permitted.

(12)

A business license shall be obtained annually and the owner shall verify that the conditions of the conditional use permit are still being met.

(13)

No bed and breakfast shall be located within two hundred fifty (250) feet of another bed and breakfast as measured along continuous public street right-of-way from all streets abutting the bed and breakfast property, nor shall a bed and breakfast be located on property that abuts property on which another bed and breakfast is located.

(14)

No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

(15)

The applicant shall provide a floor plan showing the specific location of the area to be used for the bed and breakfast establishment.

(16)

Outside help may be hired.

(17)

A guest register shall be maintained and made available for inspection by the City at any time requested during normal business hours.

Real estate offices.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Customary accessory buildings including private garages, carports, pergolas, swimming pools, fireplaces and similar accessory uses.

Off-street parking, as required by Section 400.190.

Satellite receiving antenna.

Height Limitations For Structures. The maximum height of structures in the "R-2" Residence District shall be as set out below.

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less.

Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-2" Residence District shall be as set out below.

Minimum lot area requirements.

Minimum lot area. Seven thousand five hundred (7,500) square feet.

Minimum lot area per family. Three thousand seven hundred fifty (3,750) square feet.

Minimum lot width. Seventy-five (75) feet.

Minimum lot depth. One hundred (100) feet.

[Ord. No. 2015-31 §§1 — 2, 9-22-2015]

Minimum yard requirements — general.

Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

Side yard. No structure shall be allowed within seven (7) feet of any side property line.

Rear yard. No structure shall be allowed within twenty-five (25) feet of any rear property line.

Specific yard requirements and exceptions.

On corner lots a side yard of twenty (20) feet shall be provided on the side street.

Notwithstanding any other provision of this Chapter, on corner lots no structure or plant material exceeding three (3) feet in height above the elevation of the street pavements is allowed within the sight distance triangle.

Chimneys, sills, cornices and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.

Fire escapes and balconies may project into a required yard a distance not to exceed three and one-half (3½) feet.

Porches and stoops which are not enclosed may project into a required yard a distance not to exceed five (5) feet.

A detached accessory building may not be erected within ten (10) feet of a rear lot line and must be located at least sixty (60) feet from the front street line.

[Ord. No. 2016-19 §§ 2 — 3, 7-12-2016]

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.110 "R-3" Residence District Regulations.

[CC 1988 §22.120; Ord. No. 1680 §1, 10-28-1997; Ord. No. 1716 §1, 7-28-1998]

Scope Of Provisions. This Section contains the district regulations of the "R-3" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "R-3" Apartment Dwelling District is designed to allow high density residential development with compatible community facilities and special uses yet retain a quality living environment.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Multiple-family dwellings.

Nursing homes and group homes for the handicapped.

Boarding and lodging houses.

Rented rooms in single-family dwellings.

Two-family dwellings.

Single-family dwellings.

Schools, public or private kindergarten, elementary, secondary and preschools.

Public, private or country club golf courses, but not miniature golf courses or driving ranges.

Public parks, playgrounds, swimming pools, community centers, athletic fields and recreation buildings therein.

10.

Churches or other places of worship.

11.

Customary home occupations

12.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof, or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Private not-for-profit clubs, private, not-for-profit recreational land uses and community centers.

Golf courses which are illuminated and practice driving tees. Miniature golf courses are excluded.

Public facilities when used by City, County, State or Federal Governments, except correctional or penal buildings and those buildings used principally for maintenance and storage purposes.

Cemeteries

Hospitals

Bed and breakfast, subject to the following:

Definition. A dwelling or portion thereof that contains guest rooms where short-term lodging, with or without meals, is provided for compensation.

Approval standards. All applications for a conditional use permit for bed and breakfast shall comply with the following requirements:

(1)

The use shall front on a primary arterial street if the property is zoned "R-3" (multiple-family), or on a collector street if the property is zoned another zoning district, or a street with a higher functional classification as designated by the major thoroughfare plan.

(2)

There shall be a maximum of ten (10) guest rooms in the bed and breakfast.

(3)

(4)

No exterior alterations that would change the single-family character of the bed and breakfast, other than those necessary to ensure the safety of the structure, shall be made.

(5)

No residential structure shall be removed for parking or to expand the bed and breakfast.

(6)

Maximum two (2) weeks lodging shall be permitted, no monthly rentals.

(7)

There shall be no individual cooking facilities.

(8)

(9)

One (1) additional off-street paved parking space per guest room shall be provided on the premises.

(10)

The operator shall live in the bed and breakfast.

(11)

Only one (1) non-illuminated sign no larger than nine (9) square feet shall be permitted.

(12)

A business license shall be obtained annually and the owner shall verify that the conditions of the conditional use permit are still being met.

(13)

(14)

No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

(15)

The applicant shall provide a floor plan showing the specific location of the area to be used for the bed and breakfast establishment.

(16)

Outside help may be hired.

(17)

A guest register shall be maintained and made available for inspection by the City at any time requested during normal business hours.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Customary accessory buildings including private garages, carports, pergolas, swimming pools, fireplaces and similar accessory uses.

Off-street parking, as required by Section 400.190.

Satellite receiving antenna.

Height Limitations For Structures. The maximum height of structures in the "R-3" Residence District shall be as set out below.

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three and one-half (3½) stories or forty-five (45) feet in height, whichever is less.

All other structures, other than a public utility tower authorized by a conditional use permit, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 400.220, Air Navigation Space Regulations.

Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-3" Residence District shall be as set out below.

Minimum lot area requirements.

Minimum lot area. Seven thousand five hundred (7,500) square feet.

Minimum lot area per family. Two thousand five hundred (2,500) square feet.

Minimum lot width. Seventy-five (75) feet.

Minimum lot depth. One hundred (100) feet.

[Ord. No. 2015-31 §§1 — 2, 9-22-2015]

Minimum yard requirements — general.

Front yard. No structure shall be allowed within twenty-five (25) feet of any roadway right-of-way line.

Side yard. No structure shall be allowed within seven (7) feet of any side property line.

Rear yard. No structure shall be allowed within twenty-five (25) feet of any rear property line.

Specific yard requirements and exceptions.

On corner lots a side yard of twenty (20) feet shall be provided on the side street.

Chimneys, sills, cornices and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.

Fire escapes and balconies may project into a required yard a distance not to exceed three and one-half (3½) feet.

Porches and stoops which are not enclosed may project into a required yard a distance not to exceed five (5) feet.

A detached accessory building may not be erected within ten (10) feet of a rear lot line and must be located at least sixty (60) feet from the front street line.

[Ord. No. 2016-19 §§ 2 — 3, 7-12-2016]

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.120 "RMH" Residential Mobile Home Park District.

[CC 1988 §22.125]

Scope Of Provisions. This Section contains the district regulations of the "RMH" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. It is the purpose of this Section to establish standards for the development and operation of residential mobile home parks to provide their occupants with a suitable living environment. It is based upon the premise that the use of mobile homes for residential purposes constitutes essentially a residential use of property and is adopted to promote the general health, safety and welfare of occupants of mobile homes.

Establishment.

A "RMH" District may be established on a tract of land provided that (a) the preliminary development plan and the application for change of zoning are approved by the Board of Aldermen; (b) a final development plan is approved by the Planning Commission; and (c) that the schedule of construction is complied with in accordance with the requirements of this Section.

A "RMH" District may be established by ordinance of the City of Eldon Board of Aldermen in the same manner that other mapped districts are established where the Board of Aldermen determines that any particular tracts or areas should be developed for residential use, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the other "R" Residence Districts.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Mobile homes for residential purposes only.

Single-family dwelling for owner and single-family dwelling for an operator, subject to lot area, yard and density requirements of "R-2" Residence District.

Two-family dwelling for owner and operator, subject to lot area, yard and density requirements of "R-2" Residence District.

Recreational uses for exclusive use of occupants.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Buildings housing such facilities as laundromats, clubs and day care centers, only when such facilities are intended for the use of persons residing within the zoning district.

Off-street parking, as required by Section 400.190.

Satellite receiving antenna.

Storage structures for the exclusive use of mobile home, when located on same lot, and which cover an area of no more than one hundred (100) square feet.

Mobile home park maintenance buildings.

Height Limitations For Structures. The maximum height of structures in the "RMH" Residence District shall be as set out below.

No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less.

Design Standards.

Area.

Minimum area, including street rights-of-way, shall be five (5) acres for all new parks developed on or after the date of adoption of the "RMH" Residential Mobile Home Park District regulations. Any expansion of mobile home parks in existence on the effective date of this Chapter shall comply with the provisions of this Section.

Maximum area shall be twenty-five (25) acres if public roadways are not present through the park.

Density and spacing.

Lot area. Each lot within the mobile home court shall have a minimum area of four thousand fifty (4,050) square feet.

Width of lot. Each lot within the mobile home court shall have a minimum width of forty-five (45) feet exclusive of common driveways.

No mobile homes or other structure within a mobile home park shall be closer to each other than twenty (20) feet, except that storage structures for the exclusive use of the mobile home may be closer to the using mobile home than twenty (20) feet.

No mobile home shall be located closer than thirty (30) feet to the exterior boundary of the park or to a bounding street right-of-way. Buildings used for laundry or recreation purposes shall be located no closer than forty (40) feet to the exterior boundary or the right-of-way of a bounding street.

No mobile home or other structure shall be located closer than fifteen (15) feet to an interior street.

No mobile home shall be located closer to the rear lot line than fifteen (15) feet.

Water, sanitary sewer, public safety.

The mobile home park district and all occupied units located in it must be connected to the municipal water and sewerage systems at such time as the systems are installed and reasonably available.

Each mobile home unit shall have separate service for each utility.

The required width of any interior street shall be open and maintained as a fire lane at all times.

Fire hydrants. In every mobile home park fire hydrants shall be located in accordance with the current specifications of the National Board of Fire Underwriters. In no case shall any mobile home be located further than six hundred (600) feet from a fire hydrant.

Open space and recreation.

Buffer. A densely planted buffer strip, consisting of trees, shrubs and other plantings at least five (5) feet in height, shall be provided along all rear and side property lines of the park. A five (5) foot solid fence may be substituted.

Recreation area. There shall be provided within each mobile home park an adequate site or sites for recreation for the use of park occupants. Such recreation site or sites shall have a minimum area of five thousand (5,000) square feet and in aggregate a total of two hundred (200) square feet shall be provided for each mobile home located in the park.

Notwithstanding any other provision of this Chapter, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavements is allowed within the sight distance triangle.

Access and circulation.

A Residential Mobile Home District shall abut and have access to a public highway or street.

All private streets entering a public road must enter at a right angle and be perpendicular to the public road for a minimum distance of fifty (50) feet without intersection of private streets. The intersecting private street right-of-way with the public street right-of-way shall be rounded with a radii of not less than thirty (30) feet.

In the event that any mobile home park or travel trailer park or parts thereof shall be so located as to block the extension of any public arterial street or streets or public collector street or streets, the applicant shall show the extension of said streets through said park on the preliminary and final development plan for each successive stage of construction and shall provide for the extension of all said arterial or collector streets through said park in such manner as to provide access to, from and through said park to contiguous areas, all in compliance with all ordinances and policies of City relating to the development and construction of public streets. The final development plan of such parks approved by the Board of Aldermen shall dedicate to public use such extension of said public arterial or collector streets.

Each mobile home space shall abut an interior street within the park. Said streets shall be graded and surfaced with not less than four (4) inches of crushed stone and two (2) inches of asphaltic concrete or equivalent material on a well compacted subbase to a continuous width of twenty-six (26) feet, exclusive of required parking spaces.

Off-street parking.

Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.190, Off-Street Parking and Loading Requirements.

Two parking spaces with not less than four (4) inches of crushed stone and two (2) inches of asphaltic concrete or equivalent material on a well compacted sub-base shall be provided for each mobile home space. Required parking spaces may be included within the four thousand fifty (4,050) square feet required for each mobile home space when located on the lot.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Procedure For Establishment Of District Or Approval Of Site Plan In Existing "RMH". In order to establish a "RMH" District through a change of zoning, or to obtain approval of a site development plan for a "RHM" park in order to utilize land in an established "RMH" District, the procedure shall be as follows:

[Ord. No. 57-2022, 9-27-2022]

Application. The owner or owners under contract of a lot or tract of land, or his/her authorized representative, shall petition the Board of Aldermen on forms prescribed for this purpose by the Planning Commission. These forms shall be submitted to the Codes Department accompanied by the following:

Filing fee per requirements of Section 400.290.

Legal description of the property.

Outboundary plat of the property.

A map showing the development of adjacent properties within two hundred (200) feet including the location and type of buildings or structures thereon.

Preliminary development plan drawn to scale and depicting, but not limited to, the following:

(1)

The boundaries of the proposed park.

(2)

The existing topography with contour intervals no greater than five (5) feet (available from the U.S. Geological Survey or the City of Eldon).

(3)

The proposed size, location, arrangements and number of mobile home spaces, open space, recreation area(s), parking area(s), service buildings and other structures or areas to be included.

(4)

Approximate location of major utility easements.

(5)

Proposed ingress and egress to the park, including adjacent streets, and their relationship to existing and proposed streets, alleys and other public ways or public properties.

(6)

Preliminary plan for sanitation and drainage facilities.

Public hearing. A public hearing on the petition shall be held by the Planning Commission in accordance with the provisions of Section 400.320, Procedures for Amending the Zoning Ordinance, provided however, that a public hearing shall be set within thirty (30) days of acceptance of the petition, fee and related plans and documents by the Codes Department.

Planning Commission recommendation to the Board of Aldermen. Upon review of the application, the Planning Commission may recommend approval subject to appropriate conditions or denial. Conditions may relate to, but need not be limited to, the following:

Conditions relative to the type and extent of improvements and landscaping.

Conditions governing maintenance of facilities and open space.

Conditions relative to sign regulations.

Time limitations for commencement of construction.

Final development plans.

After passage by the Board of Aldermen of an ordinance authorizing the establishment of a "RMH" District and requiring submission of a final development plan, said plan shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.

Plans shall be submitted to the Planning Commission for review and approval. Said plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the "RMH" District and, further, shall comply with provisions of applicable City ordinances.

It shall be the responsibility of the Commission to determine that the final "RMH" plan conforms to the intent of the preliminary "RMH" plan and the minimum requirements of the specific ordinance governing the establishment of the "RMH" District. If the Commission does not approve a final development plan, their specific reasons for disapproval shall be stated in writing and made part of the public record, as well as presented to the developer. The developer shall have the right of appeal provided by Subsection (M).

Procedure For Amendment Of Conditions Or Plans. If the Commission determines that the proposed amendment to the final development plan is not in conflict with the approved final development plan and meets all conditions of the "RMH" District ordinance, the Commission may approve said amended plan. Said plan shall be retained on file by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Guarantee Of Improvements. No mobile home shall be placed in a new mobile home park until the streets and other physical improvements shown on the mobile home park plan have been installed. The owner of the mobile home park may submit a phase development and use plan for approval to the Board of Aldermen. The owner of the mobile home park may complete the construction of one (1) section of the mobile home park and place mobile homes in this completed section, provided that the construction is in accordance with the design standards and the approved phase development plan.

Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the "RMH" District, unless such time period is extended by the Planning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the district or extensions authorized therein, the Planning Commission may initiate a resolution of intent for the purpose of a new public hearing to revert the property to its prior zoning classification in accord with the proceedings specified in Section 400.320, Procedure for Amending the Zoning Ordinance. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the Board of Aldermen on the proceedings to rezone the property in accord with the provisions of the above noted Subsection.

Appeal Procedure. The developer shall have the right to appeal a decision of the Planning and Zoning Commission as set forth in Section 400.270, Appeal and Protest Procedures.

Section 400.130 "C-1" Neighborhood Commercial District.

[CC 1988 §22.130; Ord. No. 1758 §1, 4-27-1999]

Scope Of Provisions. This Section contains the district regulations of the "C-1" Neighborhood Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The Neighborhood Commercial District is designed to allow small retail for convenience shopping of neighborhood residents and office and service commercial uses which are not objectionable, because of traffic generated, volumes of customers, excessive signing, numbers of employees, type of development or services rendered, to exist adjacent to high density residential areas. Businesses which require large floor areas, large lot areas, large number of employees, or are for comparative and selective shopping are not compatible to a residential service area and are omitted from the "C-1" District.

Permitted Land Uses And Developments.

Bakery shop (five (5) employees or less).

Barbershops.

Beauty shops.

Bicycle shops.

Book and stationery stores.

Child care centers, nursery schools and day nurseries.

Churches and similar places of worship.

Drug stores.

Financial institutions.

10.

Fix it shops (radio, TV, small appliances).

11.

Florist shops.

12.

Gasoline service stations (minor repairs).

13.

Gift and hobby shops.

14.

Grocery store, supermarkets.

15.

Ice cream and candy stores.

16.

Laundry and dry cleaning establishments (not employing more than five (5) persons).

17.

Library.

18.

Liquor stores.

19.

Medical and dental offices or clinics.

20.

Miscellaneous trades and businesses such as plumbing and heating, upholstering, sign paint shops, provided that all materials and supplies are stored within an enclosed building.

21.

Mortuaries and funeral homes.

22.

Offices for business, professional, commercial, religious and instructional purposes provided storage not occupy over thirty percent (30%) of the floor area.

23.

Parking lots.

24.

Restaurants and taverns but excluding drive-in eating and fast-food establishments.

25.

Self-service laundries.

26.

Shoe repair shops.

27.

Studios for artist or photography.

28.

Any other use which is determined by the Commission to be consistent with the intent of this Section and which is determined to be of the same general character as the above permitted uses.

29.

Residential structures, provided that at no time the structure is determined to be substandard, due to any means within the owner's control, by the proper administrative official of the City of Eldon under any applicable code. If the residential structure is determined to be substandard, it may not be rebuilt as a residential structure. Residential structures must conform with all applicable residential standards, particularly Section 400.060.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with the complement the character of the surrounding area.

Public facilities when used by City, County, State or Federal Governments, except correctional or penal buildings and those buildings used principally for maintenance and storage purposes.

Multiple-family dwellings.

Hospitals and hospices.

Nursing homes.

Land and building uses which are first permitted in the "C-2" and "C-3" Districts.

Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonable necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

Associated work and storage areas required by a business, firm or service to carry on business operations, provided that all materials and supplies are stored within an enclosed building.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Satellite receiving dish.

Medical marijuana dispensary facilities subject to the use provisions outlined in Code Section 400.400.

[Ord. No. 15-2020, 5-12-2020]

Height Limitations For Structures. The maximum height of structures in this district shall be as follows:

Unless otherwise restricted by application of regulations in Section 400.220, Air Navigation Space Regulations, the total height of equipment attached to such structure shall not exceed three and one-half (3½) stories or forty-five (45) feet in height, whichever is less, above the average finished ground elevation at the perimeter of such structure.

Lot Area And Lot Dimension. The minimum lot area requirements for land uses and developments in the "C-1" District shall be as set out below.

Minimum lot area requirements. Every lot or tract of land shall have an area comprising not less that six thousand (6,000) square feet.

Minimum lot dimension requirements. Every lot or tract of land shall have dimensions sufficient to meet other requirements of this Section.

Minimum Yard Requirements.

Front yard-general. There shall be a front yard having a depth of not less that twenty-five (25) feet.

Front yard-specific regulations and exceptions

When the minimum front yard setback of one (1) or more "R" Residence District zoned properties adjoining either side of a lot in this district is greater than twenty-five (25) feet, the required minimum front yard setback shall be the same as the most restrictive adjoining "R" Residence District.

Corner lots shall provide the setback for both streets.

Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum yard setback.

Light standards for parking lot lighting, filling station pumps, signs are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

Light standards at points of ingress or egress are allowed within the minimum front yard setback when approved by the Commission.

Awnings and canopies are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

Side and rear yards — general.

Side yards. There shall be side yards of not less than seven (7) feet. The Codes Department may waive this requirements for buildings when a common fire wall is provided.

[Ord. No. 57-2022, 9-27-2022]

Rear yards. There shall be a rear yard having a depth of not less than twenty-five (25) feet.

Side and rear yards — specific regulations and exceptions.

No structure is allowed within twenty (20) feet of a property line adjoining property in any "R" Residence District.

Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in any "R" Residence District.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a "R" Residence District or upon the street right-of-way.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.140 "C-2" Highway Commercial District.

[CC 1988 §22.135; Ord. No. 1660 §1, 1-28-1997; Ord. No. 2011-08 §1, 2-8-2011]

Scope Of Provisions. This Section contains the district regulations of the "C-2" Highway Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "C-2" Highway Commercial District is designed for those business and commercial uses which draw their customers from highway motorists, or are automobile orientated, or for whom a location on a highway or arterial street is especially useful.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Agricultural supply stores.

Agricultural implement sales and service.

Ambulance services.

Animal hospitals, provided that all kennels, pens and other facilities for the care and treatment of animals shall be located within a completely enclosed structure.

Automobile accessory stores.

Car and truck washing facilities.

Automobile, motorcycle and truck sales and rental.

Bakeries whose products are sold at retail on the premises.

Bait stores.

10.

Bars, cocktail lounges or taverns, provided they comply with other ordinances regulating the same.

11.

Billiard or pool halls.

12.

Boat sales, rental and service.

13.

Bowling and recreational centers.

14.

Bus terminal facilities.

15.

Candy stores.

16.

Cleaners, cleaning, dyeing or dry cleaning, self-service laundry.

17.

Dance halls.

18.

Restaurants and cafes.

19.

Fast-food and drive-in eating establishments.

20.

Financial institutions.

21.

Garden stores and nurseries.

22.

Gasoline, oil, diesel and liquified petroleum service stations.

Indoor theaters.

Hotels and motels.

(Reserved)

Monument sales, retail dealers (outside display permitted).

27.

Mortuaries and funeral homes.

28.

Package liquor stores, provided they comply with other ordinances regulating same.

29.

Pest control services.

30.

Produce market, retail.

31.

Photography, commercial.

32.

Lumberyards, including builders supplies, and including incidental millwork.

33.

Radio and television sales and service.

34.

Refrigeration sales and service.

35.

Schools, commercial.

36.

Secondhand goods store (no outside storage).

37.

Skating rinks.

38.

Signs, as permitted by Section 400.210.

39.

Tire repair shops.

40.

Rental stores.

41.

Auto repair and body shop, providing that all work is done within an enclosed building and that no inoperable autos or material are held or stored on the site unless within an enclosed building.

42.

Parking areas, including garages, but not including the outdoor storage of wrecked or otherwise damaged or immobilized vehicles for a period in excess of seventy-two (72) hours.

43.

Private clubs and lodges.

44.

Miscellaneous trades and businesses such as plumbing and heating, upholstering, sign paint shops, provided that all materials and supplies are stored within an enclosed building.

45.

Any other use which is determined by the Commission to be consistent with the intent of this Section and which is determined to be of the same general character as the above permitted uses.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

All plans for screening these facilities shall be submitted to the Commission for review, No building permit or installation permit shall be issued until these plans have been approved by the Commission.

Public facilities when used by City, County, State or Federal Governments, except correctional or penal buildings and those buildings used principally for maintenance and storage purposes.

Amusement parks, permanent carnivals, kiddie parks, miniature golf, pitch and putt courts, driving tees and ranges, drive-in theaters and other similar outdoor amusement establishments.

Land and building uses which are first permitted in the "I-1" District.

Contractor's yards and related establishments but excluding asphalt and concrete batch plants, provided that any installation shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof, or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Camping areas (for recreational vehicles and tents).

Pawn shops.

Associated work and storage areas required by a business, firm or service to carry on business operations.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210.

Satellite receiving dish.

Height Limitations For Structures. The maximum height of structures in this district shall be as follows.

A public utility tower authorized by conditional use permit may be erected to any height not in conflict with the application of regulations in Section 400.220, Air Navigation Space Regulations.

Lot Area And Lot Dimension. The lot area dimension requirements for land uses and developments in this District shall be as follows.

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet other requirements of this Section.

Minimum lot dimension requirements. Every lot or tract of land shall have dimensions sufficient to meet other requirements of this Section.

Minimum Yard Requirements.

Front yard — general. No structure is allowed within thirty (30) feet of any roadway right-of-way line. Corner lots shall provide the setback for both streets.

Front yard — specific regulations and exceptions.

Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.

Light standards for parking lot lighting, filling station pumps are allowed no closer than twenty-five (25) feet from any roadway right-of-way line.

Awnings and canopies are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

Light standards at points of ingress or egress are allowed within the minimum front yard setback when approved by the Commission.

Motor vehicles, mobile homes, trailers, equipment and boats stored or displayed in the open shall be located not less than five (5) feet from the roadway right-of-way.

Side and rear yards — general.

There shall be side yards of not less than five (5) feet. The Codes Department may waive this requirement for buildings when a common fire wall is provided.

[Ord. No. 57-2022, 9-27-2022]

No structure or any storage or display of merchandise, equipment or vehicles is allowed within twenty (20) feet of a property line adjoining property in any "R" Residence District.

Side and rear yards — specific regulations and exceptions.

Any area used for outdoor storage or display of merchandise, equipment or vehicles which is abutting property in any "R" Residence District shall be effectively screened by a five (5) foot high sightproof fence the use of landscaping or walls in lieu of fencing.

Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in any "R" Residence District.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district or upon the street right-of-way.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.150 "C-3" Central Commercial District.

[CC 1988 §22.140]

Scope Of Provisions. This Section contains the district regulations of the "C-3" Central Commercial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "C-3" Central Commercial District is designed to allow a broad range of retail merchandising and service businesses for comparative and selective shopping. Principal uses include department stores, variety stores, general retail, service, financial and office businesses which have a sizable customer trade but do not require excessive storage, warehousing or loading areas either enclosed or in the open.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Antique shops and stores, providing all merchandise is displayed and sold inside a building.

Apartments on floors other than the ground floor.

Apparel and accessory stores.

Appliance sales and service.

Art and art supply stores.

Auto supply stores.

Bakery and pastry shops (retail only).

Financial institutions.

Barber and beauty shops.

10.

Bicycle shops.

11.

Books and stationery stores.

12.

Business and technical schools and schools for photography, music and dancing.

13.

Carpet and floor covering stores.

14.

Cigar and tobacco stores.

15.

Clothing and costume rental.

16.

Custom dressmaking, furrier, millinery and tailor shops.

17.

Delicatessens and catering establishments.

18.

Department stores.

19.

Drug stores and prescription shops.

20.

Dry goods and notion stores.

21.

Electric repair shops (household appliances).

22.

Fix-it shops (radio, TV and small appliances repair).

23.

Florist and gift shops.

24.

Furniture and home furnishing stores.

25.

Grocery stores (including retail meat markets and produce stores).

26.

Hardware stores.

27.

Hobby, stamp and coin shops.

28.

Hotels and motels.

29.

Interior decorator's shops.

30.

Jewelry and metal craft stores.

31.

Leather goods and luggage stores.

32.

Library.

33.

Lock and key shops.

34.

Mail order catalogue stores.

35.

Medical, dental and health clinics.

36.

Medical and orthopedic appliance stores.

37.

Mortuary.

38.

Messenger or telegraph service stations.

39.

Music instrument sales and repair shops.

40.

Music studios, radio and television stores.

41.

Newsstands.

42.

Offices and office buildings.

43.

Office supply and office equipment stores.

44.

Optician and optometrists' shops.

45.

Package liquor stores.

46.

Paint and wallpaper stores.

47.

Parking lots and garages (commercial, public and private).

48.

Parks and recreation areas.

49.

Pawnshops.

50.

Pet shops.

51.

Photographic equipment and supply stores.

52.

Photographic studios.

53.

Picture frame shops.

54.

Printing and publishing houses (including newspapers).

55.

Private clubs, fraternities, sororities and lodges.

56.

Public buildings.

57.

Radio and television studios.

58.

Restaurants and tea rooms (including drive-ins).

59.

Service stations.

60.

Self-service laundries.

61.

Sewing machine stores.

62.

Shoe stores.

63.

Shoe repair and shoe shine shops.

64.

Sporting and athletic goods stores.

Tailor shops.

Taverns.

Theaters.

Toy stores.

Travel bureaus.

Variety stores and shops.

71.

Watch repair shops.

72.

Video arcades and similar indoor amusement centers.

Any other use which is determined by the Commission to be consistent with the intent of this Section and which is determined to be of the same general character as the above permitted uses but not including any use which is first permitted in the "C-2" District or the "I-1" District.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Auditorium and similar places of public assembly.

Bowling centers and recreation buildings.

Panting, publishing and related trades.

Associated work and storage areas required by a business, firm or service to carry on business operations.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Signs, as permitted by Section 400.210 Sign Regulations.

Satellite receiving dish.

Height Limitations For Structures. The maximum height of structures in this district shall be as follows.

A public utility tower authorized by conditional use permit may be erected to any height not in conflict with the application of regulations in Section 400.220, Air Navigation Space Regulations.

Lot Area And Lot Dimension. The lot area dimension requirements for land uses and developments in this district shall be as follows.

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet other requirements of this Section.

Minimum yard requirements — general.

Front yard. No front yard is required, provided that any such building shall not extend beyond the building line of any other existing building in that block nor beyond any existing sidewalk. However, where a portion of a District "C-3" lies within the same block and fronts upon the same street with a portion of a District "R-1" to "C-2" inclusive, and no lot within said District "C-3" is occupied in that portion of "R-1" to "C-2" inclusive adjoining, then in such case, the front yard requirements of such adjoining "R-1" to "C-2" inclusive shall likewise be applicable to such portion of District "C-3". Requirements of this paragraph may be waived by the Planning Commission upon individual review.

Side yards. No side yard required except where the side line of a lot borders upon a street or alley, then such building shall not extend beyond the building line of any other existing building in that block nor beyond any existing sidewalk or alley.

Rear yards. No rear yard required except in the case of through lots, then such building shall not extend beyond the building line of any other existing building in that block nor beyond any existing sidewalk or alley.

Specific yard requirements and exceptions.

Light standards for parking lot lighting, filling station pumps are allowed no closer than ten (10) feet from any roadway right-of-way line.

Awnings and canopies are allowed no closer than ten (10) feet from any roadway right-of-way line, except where a building fronts upon the public right-of-way, such awning or canopy may extend over the public right-of-way a maximum of six (6) feet.

Light standards at points of ingress or egress are allowed within the street right-of-way when approved by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in any "R" Residence District and shall be shaded so that no direct light is cast upon any property located in a residence district.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.160 "I-1" Industrial District.

[CC 1988 §22.145]

Scope Of Provisions. This Section contains the district regulations of the "I-1" Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The "I-1" Industrial District is designed to allow industrial uses which do not create obnoxious noises, dust, feathers, smoke or odor nor endanger the safety of adjacent uses. Industries which are likely to have extensive impacts upon the environment or the surrounding land uses may be allowed in cases where the industry is able to minimize and/or compensate for any objectionable characteristics.

Permitted Land Uses And Developments. The following land uses and developments are permitted in this district.

Animal hospitals and clinics.

Auto repair and body shop, providing that all work is done within an enclosed building and that no inoperable autos or materials are held or stored outside a six (6) foot high sightproof fence.

Building material sales (except for ready-mix concrete or similar uses which emit dust, odor or smoke).

Carpenter and cabinet shops.

Dog kennels.

Dry cleaning and/or laundry plants.

Filling stations, including emergency towing and repair services.

Frozen food lockers and ice plants.

Grain elevators.

10.

Greenhouses and nurseries, retail and wholesale.

11.

Incinerators.

12.

Lumberyards.

13.

Manufacturing, fabrication, assembly, processing or packaging of any commodity except:

Facilities producing or processing explosives or flammable gases or liquids;

Facilities for animal slaughtering, meat packing or rendering;

Sulphur plants, rubber reclamation plants or cement plants.

14.

Monument sales.

15.

Offices or office buildings.

16.

Parking areas, including garages.

17.

Printing, publishing and related trades.

18.

Railroads.

19.

Research laboratories and facilities.

20.

Sales and renting of equipment and vehicles used by business, industry and agriculture, excluding retail automobile sales.

21.

Terminals for trucks, buses and rail.

22.

Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days and involving no salvage of automobile parts. A six (6) foot high sightproof fence shall be provided along all limits of the property.

23.

Upholstery shops.

24.

Vehicle and equipment repair, service and body shop, providing that all work is done within an enclosed building and that no inoperable vehicles or equipment or materials are held or stored outside a six (6) foot high sightproof fence.

25.

Wholesaling or warehousing of manufactured commodities except live animals, explosives or flammable gases.

26.

Yards for storage of contractors' equipment, materials and supplies, excluding junk yards and salvage yards, provided that all material and equipment is within a six (6) foot high sightproof fence.

27.

Any other use which is determined by the Commission to be consistent with the intent of this Section and which is determined to be of the same general character as the above permitted uses.

Local public utility facilities, provided that any installation, other than poles and towers and equipment attached to the poles and towers, shall be:

Adequately screened with landscaping, fencing or walls or any combination thereof; or

Placed underground; or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Public facilities when used by City, County, State or Federal Governments.

Manufacturing or processing explosives or flammable gases or liquids.

Facilities for animal slaughtering, meat packing or rendering.

Sulphur plants, rubber reclamation plants, ready-mix concrete or cement plants.

Warehousing, storage or wholesaling of live animals, explosives or flammable gases and liquids.

Recycling and salvage industries, including auto wrecking yards, provided that any installation shall be:

Screened with a ten (10) foot high sightproof fence along all limits of the property, or

Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

Land and building uses which are permitted in the "C-2" District.

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

Dwelling or lodging units, only for watchmen, caretakers or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.

Individual sewage treatment facilities serving an individual building or use, as approved by the appropriate regulatory agency.

Signs, as permitted by Section 400.210.

Satellite antennas.

Medical marijuana cultivation facilities subject to the use provisions outlined in Code Section 400.400.

[Ord. No. 15-2020, 5-12-2020]

Medical marijuana-infused products manufacturing facilities subject to the use provisions outlined in Code Section 400.400.

[Ord. No. 15-2020, 5-12-2020]

Medical marijuana testing facilities subject to the use provisions outlined in Code Section 400.400.

[Ord. No. 15-2020, 5-12-2020]

Height Limitations For Structures. Radio, television, public utility and communication towers authorized by conditional use permit may be erected to any height not in conflict with the application of the limits in Section 400.220, Air Navigation Space Regulations. Unless otherwise restricted by application of regulations in Section 400.220, Air Navigation Space Regulations of this Chapter, the total height of any other structure, not including rooftop mechanical equipment attached to such structures, shall not exceed forty-five (45) feet above the average finished ground elevation at the perimeter of such structure.

Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "I-1" Industrial District shall be as set out below:

Minimum lot area requirements. No minimum lot area is established for uses in this District, but lot dimensions shall be sufficient to meet other requirements set forth in this Section.

Front yard — general. No structure is allowed within twenty-five (25) feet of any roadway right-of-way line.

Front yard — specific regulations and exceptions.

Boundary walls or fences, six (6) feet in height or less, are allowed within the minimum front yard setback.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any roadway right-of-way line.

Light standards for street lighting or at points of ingress and egress are allowed within the minimum front yard setback when approved by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Required fencing for towed vehicle storage yards, salvage yards and contractors' yards is allowed no closer than twenty-five (25) feet from any roadway right-of-way line.

Any area used for the outdoor storage or display of merchandise, equipment or vehicles which is located opposite and visible from property in any "R" Residence District shall be effectively screened by a six (6) foot high sightproof fence if determined necessary and required by the Codes Department on review of a site plan for such use. The Codes Department may approve the use of topographic features, landscaping or walls in lieu of fencing where such alternates are determined to be appropriate.

[Ord. No. 57-2022, 9-27-2022]

Side yards and rear yards — general. No structure or any storage or display of materials, equipment or vehicles is allowed within ten (10) feet of any side or rear property line.

Side yards and rear yards — specific regulations and exceptions.

No structure or any storage or display of merchandise, equipment or vehicles is allowed within twenty-five (25) feet of a property line adjoining property in any "R" Residence District.

Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear yard line which adjoins property in any "R" Residence District.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district or upon the street right-of-way.

Sightproof Fence.

[Ord. No. 57-2022, 9-27-2022]

Permit required. Developments requiring sightproof fencing shall obtain building permits for such fencing prior to the placement, construction or erection of fencing.

Applications for the erection of sight-proof fencing shall be filed in the office of the Codes Department and shall be accompanied by the following:

Building permit fee.

Plans, drawings, specifications, photographs or other documentation so as to fully advise and inform the Code Department of the composition, construction and location of the fencing, including the type and use of any plant material.

Landscaping requirements. Landscaping shall be provided in the areas between the property line and the required fencing. Landscaping shall consist of a variety of hardy evergreen planted material consisting of trees, low, medium and high profile shrubs, together with suitable ground cover, such as native grasses, bark rockeries or a combination thereof, and shall be designed, placed and maintained in such a manner as not to impair vehicle visibility at corner intersections or adjacent to points of ingress or egress in accord with the definition of sight distance triangle in Section 400.030 of the zoning ordinance.

Off-Street Parking And Loading Requirements. Off-street parking and loading requirements, and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.190, Off-Street Parking and Loading Requirements.

Sign Regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Section 400.170 Limited Historical Use Overlay District.

[Ord. No. 1823, 11-14-2000]

Establishment Of Limited Historical Use Overlay District. There is hereby established the Limited Historical Use Overlay District, a district subject to the regulations of this zoning ordinance.

Intent. This district is intended to protect and promote the health, safety and general welfare of the public; to enhance the visual appearance of the district; to protect and promote the character and vistas and prevent unnecessary clutter and congestion along the district and the surrounding neighborhoods.

District boundaries. The Limited Historical Use Overlay District boundaries shall be as described in the Zoning Map approved by ordinance.

Overlay district. The Limited Historical Use Overlay District is hereby established. It shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land lying in the Limited Historical Use Overlay District shall also lie within one (1) or more of the other zoning districts provided by this Chapter. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlying district and the Limited Historical Use Overlay District.

Standards to apply. Where the standards of the Limited Historical Use Overlay District and the underlying districts differ, the more restrictive standard shall apply except as specifically provided herein.

Exemption to standards. Except as specifically noted, single-family, two-family residential uses and planned unit developments shall not be subject to the standards of the Limited Historical Use Overlay District. However, at any time that a single-family, two-family residential use, planned unit development or mobile home use is to be converted to another use, it will be subject to the standards of the Limited Historical Use Overlay District. Town house developments and residential condominium developments will be subject to the standards of the Limited Historical Use Overlay District.

Uses permitted. The following uses are permitted in the Limited Historical Use Overlay District:

Uses permitted by right. The uses permitted in the Limited Historical Use Overlay District shall be the same uses permitted in the applicable underlying zoning districts and the following: antiques stores, bed and breakfast, book or stationery stores, gift shops, and tea rooms.

Permitted accessory uses. The accessory uses permitted in the Limited Historical Use Overlay District shall be the same as the accessory uses permitted in the applicable underlying zoning districts.

Uses permitted by conditional use permit. The conditional uses permitted in the Limited Historical Use Overlay District shall be the same as the conditional uses permitted under the applicable underlying zoning districts.

Location of off-street parking facilities. To ensure adequate space, no paving or off-street parking facilities shall be located within twenty-five (25) feet of any residential district.

Screening of loading, storage and utility areas. All loading areas, outside storage areas, refuse storage areas and utility (electrical, mechanical, heating, air-conditioning, ventilation equipment) areas must be wholly screened from view of all public streets and residential districts. Screening shall consist of either board fence, masonry wall, dense evergreen plant materials or other such materials as may provide equivalent screening.

Exterior lighting. Exterior lighting shall be controlled so that no direct illumination will occur beyond any property line.

10.

Industrial, commercial and multi-family districts adjacent to single-family and two-family residential districts. In all instances where an industrial, commercial or a multi-family residential district is adjacent to a single-family residential district, two-family residential district or a limited access highway, there shall be required a sixty-five (65) foot setback within the industrial, commercial or multi-family residential district.

11.

Front setback. The front building setback and parking setback shall be forty (40) feet.

12.

Utilities. All utilities shall be located underground unless proven that it is economically infeasible.

13.

Architectural treatment. No portion of a building constructed of unadorned cinder block, corrugated metal or sheet metal shall be visible from any adjoining single-family or two-family residential district or public right-of-way. Buildings shall be designed to utilize to the greatest extent feasible building materials which are compatible with surrounding neighborhood development.

14.

No residential structure shall be removed for parking or to expand the commercial use.

15.

Only non-illuminated signs no larger than nine (9) square feet shall be permitted. All signs shall be of such a nature as to not detract from the character of the neighborhood.

16.

Off-street parking and loading requirements.

Any commercial use within this district shall demonstrate sufficient parking to limit the impact on the surrounding neighborhood.

Notwithstanding any requirements to the contrary, no additional off-street parking shall be required if the owner can show:

(1)

The need for the additional parking occurs only on an irregular basis or at a time that is consistent with low parking requirements within the neighborhood; or

(2)

Alternative suitable parking can be provided within a reasonable distance from the facility.

Section 400.180 General Regulations.

[CC 1988 §22.150]

The regulations hereafter established shall apply within all districts established by this Chapter or by amendment thereto. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Section 400.190 Off-Street Parking and Loading Requirements.

[CC 1988 §22.155]

Scope Of Provisions. The regulations contained in this Section and the following Sections shall govern the size, number, location and design of all off-street parking and loading facilities in the City of Eldon.

Statement Of Intent. Automobile parking has become an important land use consideration in todays cities. When adequate parking is not provided for various land uses, streets become congested, traffic flow is hindered, and the public way becomes dangerous for both the driver and pedestrian. It is intended that in all districts sufficient off-street parking spaces be provided to accomplish the principles set forth in this Chapter and to meet the parking demands generated by residents, employees, company officials, company vehicles and customers.

Minimum Off-Street Parking Dimensions. The regulations of this Subsection shall govern the dimensions of off-street parking spaces, including those provided in developments approved in planned districts or by special procedure prior to the enactment hereof, anything in such planned district or special procedure approval to the contrary notwithstanding.

Except as otherwise provided for in this Subsection, the requirements for off-street parking of the City of Eldon Zoning Ordinance shall be implemented with regard to the minimum dimensions in the following table:

PARKING TABLE
A	B	C	D	E	F	G
45°	9.0'	19.7'	12.5'	12.7'	51.9'	45.6'
60°	9.0'	21.0'	17.5'	10.5'	59.5'	55.0'
90°	9.0'	19.0'	22.0'	9.0'	60.0'

	A — Parking Angle
	B — Stall Width
	C — 19 feet Minimum Stall to Curb
	D — Aisle Width
	E — Curb Length per Car
	F — Curb to Curb
	G — Center to Center Width of Double Row with Aisle Between
	*Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

In the event that the desired parking angle is not specified by the above table, the City of Eldon Codes Department may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.

[Ord. No. 57-2022, 9-27-2022]

A stall dimension of eight and one-half (8½) feet by eighteen (18) feet or equivalent may be utilized for off-street parking stalls provided in excess of the minimum requirements as set forth in this Section when designated for compact car use.

On-site parallel parking stalls shall be nine (9) feet by twenty-two (22) feet adjacent to a twenty-two (22) foot two-way lane or fifteen (15) foot one-way lane.

Minimum Off-Street Parking Requirements. Except as provided herein, uses in all zoning districts shall comply with the following minimum requirements.

Single-family, two-family, multiple dwellings and mobile homes. Two (2) parking spaces per dwelling unit plus such spaces as are required for classic or antique vehicles, recreational vehicles, campers, boats, trailers and similar equipment owned by the occupants of the dwelling units.

Elderly housing apartments. One (1) space for each apartment unit. An area of sufficient size shall be designated on the site plan to accommodate additional parking, should conversion to conventional housing occur in the future.

Home occupation. Two (2) parking spaces in addition to residential requirements.

Philanthropic or charitable institutions, other than penal or correctional; private clubs, or fraternal orders, other than those whose chief activity is a service customarily carried on as a business. One (1) parking space for each four hundred (400) square feet of floor area.

Hospital, sanitarium, institutional home, nursing home or group home for the handicapped or rooming and boarding or lodging houses. One (1) parking space for each employee, staff member and physician plus one (1) parking space for each two (2) beds.

Golf courses, except miniature golf courses and driving ranges. Fifty (50) parking spaces for each nine (9) holes.

Churches, theaters, auditoriums, stadiums and other similar places of public assembly. One (1) parking space for every four (4) seats (one (1) seat equals two (2) feet of bench).

Swimming pools, skating rinks, miniature golf courses, golf driving ranges, dance halls, beer gardens, shooting galleries and all other similar recreational activities and buildings. One (1) parking space for each one hundred (100) square feet.

School. One parking space for each ultimate teacher or employee station plus the stated additional spaces for the following:

Elementary and nursery schools. One (1) for each classroom.

Junior high. One (1) for each fifteen (15) seats in an appurtenant stadium or gymnasium, whichever has greater capacity.

Senior high. One (1) parking space for each five (5) seats in an appurtenant stadium or gymnasium, whichever has the greater capacity.

All other schools. One (1) parking space for each five (5) students.

10.

Office buildings, medical office buildings and clinics. One (1) parking space for each two hundred (200) square feet.

11.

Community center, library, museum or similar public or semi-public building. One (1) parking space for each three hundred (300) square feet of floor area in the building.

12.

Mortuary or funeral home. One (1) space for each five (5) seats in the chapel(s) with a minimum of ten (10) spaces.

13.

Food, beverage, refreshment establishments. At least one (1) parking space for each three (3) persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the designed capacity, provided that drive-in restaurants shall have a minimum of ten (10) parking spaces.

14.

Service stations. Two (2) parking spaces for each gas pump and three (3) spaces for each service bay.

15.

Auto sales and garages. One (1) parking space for each employee and four (4) spaces for each service bay.

16.

Hotel or motel. Five (5) parking spaces plus one (1) space for each sleeping room or suite.

17.

Manufacturing and industrial plant, warehouse, fabricating plant, research or testing laboratory, creamery, bottling plant, lumberyard, storage or other similar establishment. Two (2) parking spaces for every three (3) employees on the maximum shift plus space to accommodate all trucks and other vehicles used in connection therewith.

18.

All non-residential buildings except those above specified. One (1) space for each three hundred (300) square feet of floor area, except in the "C-3" District where one (1) space shall be provided for each six hundred (600) square feet of floor area for retail commercial uses and one (1) space per one thousand (1,000) square feet of floor area for offices and it being understood that more than one (1) type of use can exist within one (1) structure.

19.

Medical marijuana dispensary facility. One (1) space for each three hundred fifty (350) square feet of total building floor area, plus one (1) space for each employee on maximum shift.

[Ord. No. 15-2020, 5-12-2020]

20.

Any new home built after January 1, 2021, in a residential area must have a concrete or asphalt driveway connected to a City street unless the driveway exits into an alleyway.

[Ord. No. 41-2020, 9-22-2020]

Rules For Computing Parking Spaces. In computing the number of required off-street parking spaces, the following rules shall apply:

"Floor area" shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking as herein defined.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Where fractional spaces result, the parking spaces required shall be the nearest whole number.

Areas normally used for drive-in customer service such as drive-in windows and gas pump service areas shall not be counted as required parking spaces.

Whenever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of twenty percent (20%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

Up to forty percent (40%) of the parking spaces required for (1) theaters, public buildings, bowling centers, dance halls, nightclubs or cafes and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by (2) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (1); provided however, that written agreement thereto is properly executed and filed as specified in Subsection (H)(4) below.

When located in the "C-1" or "C-2" Shopping Districts, the minimum parking requirements for shopping centers occupied by five (5) or more commercial entities and having a gross floor area of one hundred twenty-five thousand (125,000) square feet or more may be reduced by fifteen percent (15%) when authorized by the Codes Department and where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

[Ord. No. 57-2022, 9-27-2022]

Required Parking Spaces For The Handicapped.

Minimum number. Three percent (3%) of the required number of parking spaces on all lots hereinafter constructed shall be parking spaces for the handicapped, provided however, a minimum of one (1) handicapped space shall be provided on all parking lots containing less than fifty (50) spaces.

Location. Parking spaces for disabled people and accessible passenger loading zones that serve a particular building shall be located on the shortest possible accessible circulation route to an accessible entrance of the building. In separate parking structures or lots that do not serve a particular building, parking spaces for disabled people shall be located on the shortest possible circulation route to an accessible pedestrian entrance of the parking facility.

Parking spaces. Parking spaces for disabled people shall be at least ninety-six (96) inches wide and shall have an adjacent access aisle sixty (60) inches wide minimum (see Figure in Subsection (C)(1) of this Section). Parking access aisles shall be part of the accessible route to the building or facility entrance. Two (2) accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route.

Signage. Accessible parking spaces shall be designated as reserved for the disabled by a sign and/or pavement markings.

Location Of Required Parking Spaces. All parking spaces required shall be located as follows:

Parking areas are to be located five (5) feet inside the property line to prevent vehicular encroachment into street rights-of-way or adjacent property.

No off-street parking shall be permitted in the required side yard or required front yard or any "R" zoning district, except upon a driveway providing access to a garage, carport or parking area for a dwelling.

Off-street parking space may be located within the required front yard of any "C" or "I" zoning district.

The parking spaces required for residential buildings or uses shall be located on the same lot with the building or use served. The parking spaces required for any other building or use may be located on an area within three hundred (300) feet of said building and two (2) or more owners of buildings may join together in providing the required parking spaces, provided however, that written agreement thereto is properly executed and filed as specified in Subsection (H)(4) below.

Utilization.

Required accessory off-street parking facilities provided for uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition of patrons, occupants or employees of such uses.

Automobile vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

No motor vehicle repair work or service, other than those of an emergency nature or at home maintenance such as oil and spark plug changes, shall be permitted in association with any off-street parking facilities.

In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, the usage of the lot or tract upon which said parking spaces are provided shall be restricted by an instrument of record describing the premises for which said parking is provided and assuring the retention of such parking so long as required by this Chapter. The instrument shall be properly drawn and executed by the parties concerned and shall be approved as to form by the City Attorney.

Loading Requirements.

Loading and unloading spaces shall be provided off-street and on the premises for such uses involving receipt or distribution of materials or merchandise by tractor trailer or large trucks that are eighty (80) inches or more in overall width.

All loading and unloading operations shall be so located to avoid undue interference with public use of streets, alleys and walkways. Such loading space shall include a twelve (12) foot by fifty (50) foot area for loading and unloading operations and shall have a minimum height clearance of fourteen (14) feet. The number of spaces shall be provided as follows:

	Number of Spaces	Gross Floor Area (sq. ft.)
	1	3,000 — 20,000
	2	20,000 — 40,00
	3	40,000 — 60,000
	4	60,000 — 80,000
	5	80,000 — 100,000
	6	100,000 — 150,000

One (1) additional space shall be provided for each fifty thousand (50,000) square feet above one hundred fifty thousand (150,000) square feet.

Minimum Improvements And Maintenance Standards.

Parking and loading areas and their driveways shall conform with the following improvements and maintenance standards.

Parking lots or areas with more than five (5) parking spaces and their entrance and exit driveways shall be surfaced either with concrete not less than five (5) inches in thickness or with bituminous surface of not less than three (3) inches in depth on top of a compacted crushed stone base not less than four (4) inches in depth or compacted granular surface to be equal or superior to either of these types. A six (6) inch curb or wheel stop shall be provided to prevent vehicular encroachment into required yards.

Parking lots or areas with five (5) or fewer parking spaces need only be improved with compacted granular aggregate.

Private driveway approaches, when located on public right-of-way, shall be designed and constructed in accordance with the design and construction standards of the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Driveways serving single-family and two-family dwellings shall have a minimum width of twelve (12) feet.

The location and width of entrances and exits to and from parking lots shall be as determined by the Codes Department, except as provided in Subsection (J)(5) below.

[Ord. No. 57-2022, 9-27-2022]

Driveway and curb cut locations shall be determined by the Codes Department in conjunction with the Zoning Inspector. Should the applicant disagree with the decision of the City, he/she may request that the Commission consider the request.

[Ord. No. 57-2022, 9-27-2022]

The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surfacing where required by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Wherever parking lots are to be used during darkness, a system of floodlighting shall be installed to provide an adequate standard of illumination over the entire parking lot. All floodlights shall be shielded so that no direct light is cast upon adjacent property or upon the street right-of-way and shall meet requirements of the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.

All areas for off-street parking and loading in the "C-1", "C-2", "C-3" and "I-1" Districts shall be so arranged that vehicles at no time shall be required to back into any street or roadway to gain access thereto.

10.

Screening.

All open off-street parking areas containing more than six (6) parking spaces shall be screened on each side that adjoins any property situated in a residential district by six (6) foot high, sightproof screening.

Screening may consist of hedges or other plant materials; of ornamental fences and walls in combination with plant materials; of earth berms and earth sculpture, properly stabilized, in combination with plant materials; or of a combination of any of these methods.

Screening, where required, shall be so designed that at least eighty percent (80%) opacity is achieved, viewed horizontally, in the space between one (1) foot and five (5) feet above grade at the screen line at the time of installation; provided however, that where plant materials are used for screening, these shall be selected and placed to achieve the same objective within three (3) full growing seasons following planting.

Parking areas shall be arranged and designed so as to prevent damage to or intrusion into such fence, screen or berm.

Screening shall be placed within the setbacks required under Subsection (G)(1) above.

11.

Landscaping. Interior landscape planting, exclusive of perimeter landscape screening, shall be required within or adjacent to all parking areas of more than sixty (60) spaces; when required, not less than five percent (5%) of the interior of the parking area shall be landscaped, within curbed islands or similar spaces designed for this purpose, using suitable plant material for the location.

For interior plantings, the use of trees as well as shrubbery is encouraged; the use of ground covers alone shall not be deemed satisfactory in meeting this requirement.

Interior plantings shall be distributed as uniformly as practicable throughout the parking area.

Earth sculpture, decorative low walls and similar ornamental devices may be used in combination with plant materials.

12.

Maintenance. All parking and loading areas and screening materials and plantings and interior landscaping shall be continuously maintained in good condition to the above standards after installation.

Approval Required.

[Ord. No. 57-2022, 9-27-2022]

Plans for off-street parking shall be prepared and submitted to the Codes Department for review and approval prior to issuance of a building permit.

Each application shall include plans for at least the minimum number of parking spaces as herein required. Plans shall include information as to location and dimensions of off-street parking spaces and the means of access to the spaces. The Codes Department shall not approve any application until it determines that the requirements of this Section are met in the plans.

Section 400.200 Miscellaneous Regulations.

[CC 1988 §22.160; Ord. No. 1389, 3-27-1990]

Scope Of Provisions. This Section contains miscellaneous regulations generally applicable to various Sections of this Chapter.

Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a planned unit development requiring submission to the Planning Commission of any type of site development plan for review and approval.

No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.

In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.

Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this Chapter. However, if through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision ordinance is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.

Where a line has been established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street line. Required yard space shall be measured from private roadway easement boundaries or from road maintenance or other road-related easements where such easements abut public road rights-of-way.

Each corner lot shall have a rear yard and a side yard with minimum setback requirements of the applicable zoning district. The side and rear yards shall be identified by the owner of the corner lot when plans are submitted for the first (1st) building on the property.

All illumination structures, except for approved street lights, shall be so arranged as not to cast light directly from any source of illumination on any public right-of-way or on adjacent properties in any "R" residence district.

Deed restrictions shall not have the effect of overruling any provision of the zoning ordinance; it is not the intent of the ordinance to supersede any deed restrictions that are more stringent.

Every part of a required yard shall be open to the sky, unobstructed except as follows:

Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twenty-four (24) inches.

Ordinary projecting of chimneys and flues, not to exceed twenty-four (24) inches in width, projecting not to exceed twenty-four (24) inches.

Roof overhangs projecting not to exceed twenty-four (24) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear yard but no closer than sixty (60) inches to a property line.

Slab type porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard, except that the projection into the front yard shall not exceed ten (10) feet.

In all "R" residence districts air-conditioning units extending into side or rear yards a maximum of twenty-four (24) inches, with air-conditioning units including mounting pedestals not to exceed forty-eight (48) inches in height above ground elevation, within said side or rear yards but no closer than sixty (60) inches to a property line.

Driveways, ramps, sidewalks and parking lots as otherwise permitted by this Chapter.

Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period.

Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within eleven (11) months from date of permit for their erection. Temporary buildings or trailers must also be removed from said tract within thirty (30) days of project completion, or after revocation of building permits, or on order by the Codes Department upon a finding by same that said temporary structure is deemed hazardous to the public health and welfare. Permits for temporary structures may be renewed by the Codes Department for a period not to exceed thirty (30) days.

[Ord. No. 57-2022, 9-27-2022]

Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract: (a) within thirty (30) days after all lots or dwelling units have been sold, rented or leased; or (b) after the passage of thirty (30) days from the date of the last transaction after ninety percent (90%) of the development has been sold, rented or leased.

No temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.

Any other provisions of the law notwithstanding, a building permit shall not be required for buildings or trailers permitted in paragraph (1) of this Subsection.

In each instance in which approval of use or development of property is made subject to conditions by the Board of Aldermen or Planning Commission in the approval of a conditional use permit, residential mobile home park or planned unit development, a copy of the approved ordinance, resolution, order or permit shall be furnished by the property owner or owners of petitioner to the operator, owner and manager, including successor operators, owners, and managers. Each successor shall forward to the Zoning Enforcement Officer an acknowledgement that he/she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.

Litter — Etc.

In this Subsection, the word "litter" means and includes garbage, trash, refuse, junk, brush, inoperative machinery or other waste material, the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this Chapter or any other ordinance.

Except as provided in this Subsection:

No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.

The owner or person in control of any private property shall at all times maintain the premises free of litter.

It shall be lawful:

To accumulate or store non-putrescible litter in a sightproof structure or container.

To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of-way.

To operate an otherwise lawful, sanitary landfill, building demolition material site, vehicle or machinery repair facility, construction material stockpile, sewage treatment facility, salvage yard or junk yard.

To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use.

Temporary Uses.

[Ord. No. 57-2022, 9-27-2022]

Amusement devices. Upon approval by the Board of Aldermen, the Codes Department is authorized to issue a permit for the installation of amusement devices on a temporary basis within any zoning district, provided that said permit shall not be valid for more than fourteen (14) consecutive calendar days and, further provided, that no permit shall be valid without a license to operate said amusement devices as required by Chapter 605, Licenses and Permits. The Director may, in regard to any given site, designate the hours and days of the week of operation and the specific location of the amusement devices on the property. For the purpose of this paragraph, "amusement device" includes those devices enumerated in Section 400.140 (D)(3) and any similar device.

Amusement activities. The Codes Department is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Codes Department may request a report be submitted by the City Marshall with respect to any traffic or public safety aspect of the proposal, if appropriate. For the purpose of this paragraph, "amusement activity" includes a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specific period of time not exceeding fourteen (14) days. The permit shall contain such conditions as are necessary for protection of public health, safety and traffic, and the Codes Department may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit or license required by law for any proposed activity or facility. These provisions applicable to the period of time shall not apply to turkey shoots conducted on all Saturdays and Sundays falling within the months of October, November and December of each year.

Not-for-profit organization — yard sales. The Codes Department is authorized to issue a permit to any church, school or other not-for-profit organization for the establishment or conducting, on a temporary basis within any zoning district, a yard sale for the sale of items for charitable purposes. The Codes Department may request a report be submitted by the City Marshall with respect to any traffic or public safety aspect of the proposal, if appropriate. For the purpose of this paragraph, "sale of items" includes such items as plants, pumpkins, barbecue, fish fry and bake sale. The permit shall be issued for a specific period of time not exceeding fourteen (14) consecutive calendar days. The permit shall contain such conditions as are necessary for protection of public health, safety and traffic, and the Codes Department may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances.

Not-for-profit organization — Christmas tree sales lot. The Codes Department is authorized to issue a permit to any not-for-profit organization for the installation of a Christmas tree sales lot on a temporary basis within any zoning district, provided that said permit shall be valid for no more than thirty-five (35) days prior to Christmas day and five (5) days after Christmas day. The permit shall contain such conditions as are necessary for protection of public health, safety and traffic, and the Codes Department may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. The permit may include the installation of one (1) temporary or portable sign not to exceed thirty (30) square feet in outline area. The location of the sign shall be as approved by the Codes Department.

Harboring Animals. Not withstanding any other provision of this Chapter, it shall be unlawful for any person to harbor any animal, domesticated or non-domesticated, in a residentially zoned area for longer than twelve (12) hours, with the exception of those animals normally kept as pets, in an area of less than one and one-half (1½) acres for the first (1st) such animal and an additional one-half (½) acre for each animal above one (1). Any shelter or structure utilized by said animals shall be a minimum of one hundred fifty (150) feet from the nearest property line. This Section shall not apply to publicly held property.

Section 400.210 Sign Regulations.

[CC 1988 §22.165]

Scope Of Provisions. This Section and the following Sections contain the regulations governing the size, number, location, height and width of signs permitted in the various zoning districts. These regulations are supplemented and qualified by the regulations of the particular zoning district in which a sign may be located and by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. Todays streets and roadways are becoming more and more cluttered with signs which interfere with the beauty of our community and countryside. The purpose of signing to convey a message is lost in the multitude of messages resulting in visual clutter. To improve community appearance and the clarity of sign messages, this regulation proposes:

To restrict private signs and lights which overload the public's capacity to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.

To encourage signing, lighting and other private communications which aid orientation, identify activities, express local history and character, or serve other educational purposes.

To reduce conflict among private signs and lighting and between the private and public environmental information systems.

Administration.

Unless excepted by these regulations or the City of Eldon Building Code, no sign shall be erected, constructed, reconstructed, structurally altered or relocated until a permit has been issued by the Codes Department. Before any permit is issued, an application provided by the Codes Department shall be filed, together with photographs, drawings and specifications as may be necessary to fully advise and acquaint the Codes Department with the location, construction, materials, manner of illuminating, and securing or fastening, and the wording or delineation to be carried on the sign. All signs that are to be illuminated by one (1) or more sources of artificial light shall require an electrical inspection.

[Ord. No. 57-2022, 9-27-2022]

Structural and safety features and electrical systems shall be in accordance with the requirements of the City of Eldon Building Code. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this Chapter and applicable technical codes. Signs found to be in violation of the requirements of this Chapter and/or applicable technical codes and which are determined to be a danger to public health and safety may, after fifteen (15) days of an inspection determining said violation and after notification to the property owner, be dismantled and removed by the City of Eldon. The expense for such action shall be charged to the owner of the property on which the sign is erected.

Fees for sign permits shall be as contained in Section 400.290, Fees.

Non-conforming signs shall not be allowed to be replaced.

Abandoned signs shall be removed from the premises within thirty (30) days of the date the sign no longer applies to a business, lessor, owner, event, product or activity. Signs in violation of this paragraph may, after notification to the property owner, be dismantled and removed by the City of Eldon. The expense for such action shall be charged to the owner of the property on which the sign is erected.

Determination Of Sign Area. The following regulations shall govern the determination of sign area: (see Figure 1 for illustration)

	FIGURE 1. MEASURING SIGN AREAS

Outline area of sign.

Freestanding signs. The outline area of a freestanding sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, representation, logo, or any figure or similar character, together with the outer extremities of any frame, or other material or color forming an integral part of the display which is used as a background for the sign. The area of a freestanding sign of individually cut out writing, representation, logo, or any figure or similar character which is not enclosed by framing, and which projects from a sign support or main body of a sign, is the sum of the areas of all of the triangles or parallelograms necessary to enclose each writing, representation, logo, or any figure or similar character, including the space between individual letters comprising a word but not including the space between individual words. The outline area of a freestanding sign shall not include the necessary supports for the sign when such supports do not extend above the sign and are not a part of the overall design of a sign. The outline area of a freestanding sign shall also not include the area between separate cabinets or modules of such sign or any pole covers, lighting fixtures or landscaping, provided they contain no writing, representation, logo, or any figure or similar character.

Attached signs. The outline area of an attached sign shall include the area within a continuous perimeter of a plane enclosing the limits of writing, representation, logo, or any figure or similar character, together with the outer extremities of any frame, or other material or color forming an integral part of the display which is used as a background for the sign. The area of an attached sign of individually cut out writing, representation, logo, or any figure or similar character which is not enclosed by framing, and which projects from a sign support or main body of a sign, is the sum of the areas of all of the triangle or parallelograms necessary to enclose each writing, representation, logo, or any figure or similar character, including the space between individual letters comprising a word but not including the space between individual words if the words are part of a single message. However, any painted area that is part of the common background area of such attached sign shall be included in the outline area of the sign. The outline area of an attached sign shall not include the necessary supports for a rooftop sign when such supports do not extend above the sign and are not a part of the overall design of a sign. The outline area of an attached sign shall also not include any building, boundary wall or fence to which a sign is attached, the area between separate cabinets or modules of such sign, when such cabinets or modules contain parts of the same sign message or any lighting fixtures or landscaping, provided they contain no writing, representation, logo, or any figure or similar character.

Double-faced signs. Only one (1) side of a double-faced sign shall be included in the sign area. If the two (2) faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger face.

Signs with more than two (2) sides. The area of any sign with more than two (2) sides shall be equal to the combined areas of those sign faces which are visible from any one (1) point on the public right-of-way. If the faces of such signs are of unequal height, the height of the tallest face shall be used to compute the area of the sign.

Exclusions. The provisions of this Section and the following Sections shall not apply to the following structures. However, setback and height requirements for all structures, where applicable, shall be in accordance with the regulations of the particular zoning district in which the structure is located.

	FIGURE 2. DEFINING THE SIGNABLE AREA

Official traffic or government signs, including memorial plaques and signs of historical interest.

Flags of any nation, government or non-commercial organization.

Scoreboards on athletic fields.

Show window signs in a window display of merchandise when incorporated and related in content to such display and not attached to the window.

Gravestones.

Signs of less than ten (10) square feet in outline area indicating the name of building, date of erection, monumental citation, commemorative tablet and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.

Small signs attached to a wall or building, not exceeding two (2) square feet in outline area, stationary and not illuminated, announcing only the name, occupation and/or address of building occupant, including nameplates.

Barber poles that are not more than six (6) inches in diameter or more than two (2) feet in overall height.

Traffic control and guidance signs in conformance with public traffic sign standards but located on private property and orientational signs up to two (2) square feet in area displayed for purposes of direction or convenience, including signs identifying rest rooms, freight entrances, public telephones, parking lot entrances and exits and similar signs.

10.

Holiday decorations which are primarily of a decorative nature and clearly associated with any national, State, local or religious holiday.

11.

Interior signs located within a building interior, an enclosed lobby or building courtyard; or signs located on the interior of a parcel that are not normally viewed from public right-of-ways (such as stadium signs), provided they meet the structural, electrical and material specifications in this Code.

12.

No trespassing or no dumping signs which do not exceed two (2) square feet in area and do not number more than two (2) per lot or parcel.

Number Of Signs. Except as provided herein, each land use or development may have two (2) signs oriented to each public right-of-way or roadway on which the premises have frontage. One (1) sign may be a freestanding sign.

Permitted Signs.

Attached signs. May be installed and displayed on any building elevation fronting a public right-of-way or roadway frontage in accordance with the "Table of Sign Standards" and other requirements or provisions listed herein. The maximum proportion of a facade which may be covered by an attached sign shall be determined by calculating the "signable area" and applying the percentages contained in the "Table of Sign Standards" for such signs. (See Figure 2, Defining the Signable Area)

Freestanding signs. May be installed and displayed on any public right-of-way or roadway frontage in accordance with the "Table of Sign Standards" and other requirements or provisions listed herein. Freestanding signs may be monument signs or pole signs.

The table of sign standards shall govern setback, height and area restrictions for signs in each zoning district.

Special Signs. In addition to the sign(s) permitted in Subsection (G) above, the following signs are allowed under certain conditions:

Any development or land use may have a sign displaying time and temperature not to exceed twenty-four (24) square feet in outline area per facing. Such sign may be attached to the same structure of, but below, any permitted freestanding sign on the lot or lots on which the use may be located or may be a flat sign permanently affixed to the face of a building.

Any development or land use with a drive-up, drive-through or walk-up facility may have either one (1) wall sign not to exceed thirty-two (32) square feet in area associated with the facility. No freestanding sign for such a facility shall exceed eight (8) feet in height or width.

Any land use or development with a canopy may have a maximum of two (2) signs attached on each side of the vertical face of the canopy, excluding canopy supports. The combined outline or total area of such sign(s) shall not exceed twenty (20) square feet per vertical face. Each sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below the vertical face of the canopy. No projection shall be permitted from any side of the vertical face of the canopy.

Building directories, up to twenty (20) square feet in area if attached to the exterior facade of the building.

Street banners. Street banners may be installed and displayed within the "C" Commercial Districts and other locations approved by the Board of Aldermen. Street banners shall extend no lower than twenty (20) feet above the roadway elevation. Street banners shall pertain to drives or events and may be posted not more than fifteen (15) days before the drive or event begins and shall be removed not more than seven (7) days after the drive or event ends. Permits to install street banners at specific locations shall be granted by the Codes Department on a first come, first served basis during the calendar year.

[Ord. No. 57-2022, 9-27-2022]

Temporary signs. The following signs are allowed without a permit as outlined:

Construction signs. One (1) construction sign per construction project may be installed and displayed on each street frontage. The sign shall not exceed twenty (20) square feet in area. Such signs shall be installed and displayed after issuance of a valid building permit and shall be removed thirty (30) days after completion of construction and/or prior to occupancy.

Real estate signs. One (1) unlighted sign of up to twenty (20) square feet pertaining to the sale, rental or lease of the premises on which the sign is displayed to be removed within fourteen (14) days after sale, rental or lease.

Event signs. Unlighted signs of up to twenty (20) square feet displayed on private property and limited to one (1) per each premise, announcing a campaign, drive, sale, fair or event of a political, civic, philanthropic, educational or religious organization to be removed within fourteen (14) days after the event.

Temporary, portable signs. One (1) temporary portable sign may be displayed at any one (1) time in connection with a land use or development. Such sign shall not exceed twenty (20) square feet in outline area per facing; shall not exceed six (6) feet in width; and shall not exceed six (6) feet in height. Such sign shall not be placed in any public right-of-way. Permitted portable or temporary signs shall not include signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying such sign. This prohibition shall not apply to signs or lettering on buses, trucks or other vehicles while in use in the normal course of a business. Temporary portable signs may be displayed for a period limited to fifteen (15) days on any one (1) premise. The use of such signs shall be limited to six (6) such periods in a calendar year.

Location Of Signs.

No sign shall be erected, placed, reconstructed or maintained which extends into the public right-of-way, except as specifically permitted by these regulations.

Buildings in the "C-3" District which encroach upon the public right-of-way may erect signs attached to the facades of buildings, provided such signs extend into the public right-of-way no more than twelve (12) inches.

Attached facade signs greater than six (6) inches in depth shall extend no lower than seven (7) feet above the elevation of the adjacent sidewalk.

Foundations for freestanding signs shall be located not less than the setback specified in the "Table of Sign Standards".

Illumination.

Signs shall be illuminated only by shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises.

All permanent outdoor lights, such as those used for area lighting or building floodlighting, shall be shielded sources directed so as to avoid causing glare for motorists, pedestrians or neighboring premises. The marginal increase in light, as measured at any property line other than street line, shall not exceed one (1) foot-candle.

Prohibited Devices.

Colored lights and illuminated signs employing colors in use in traffic signal lights are prohibited within view of any signalized intersection.

Any imitation of official traffic signs or signals and the use of such words as "stop", "look", "danger", "go slow", "caution" or "warning" are prohibited.

Supplementary Regulations.

Except as may be specifically noted in these regulations, setbacks for all signs shall be governed by the minimum yard requirements in each particular zoning district.

Freestanding signs shall not exceed the maximum allowed height above ground elevation. The ground elevation of freestanding signs shall be measured at the elevation of the adjacent street or elevation of the average finished ground elevation along the side of the building on the property facing the street, whichever is higher.

The height of all signs on corner lots shall not exceed three (3) feet above the elevation of the street pavement when located within the sight distance triangle.

Permitted attached signs may be flat signs affixed to a boundary wall or fence. However, other than a horizontal projection of not more than six (6) inches, such sign shall not project beyond the surface of the boundary wall or fence.

All signs shall be located as not to impair the visibility of any official highway sign or marker and no sign shall be so placed as to unnecessarily obstruct the visibility of any other sign.

Signs identifying a business, project or complex contained in whole or part on the premises may be placed on any window in addition to other permitted signs. However, the outline area of the signs shall occupy no more than ten percent (10%) of the outline area of any window on the ground or first (1st) floor level of the building and no more than twenty percent (20%) of any window on any other level of the building. A sign permit shall not be required for window signs which are not greater than ten (10) square feet in outline area.

Unique Areas.

There may exist special ares in the City where general sign regulations cannot adequately govern sign installation and display. The Board of Aldermen, upon recommendation by the Planning and Zoning Commission, may designate special areas and establish specific sign regulations for such areas. The designation and specific sign regulations shall be considered an amendment to this Chapter and shall be adopted in accordance with the procedures outlined in Section 400.320, Amending the Zoning Ordinance.

All special areas and specific sign regulations adopted by the Board of Aldermen shall be listed in the Table of Sign Standards and not limited to areas with unique architecture, historic areas, scenic areas, the downtown, commercial strips and plazas.

Specific sign regulations for special areas may be less restrictive or more restrictive than the general regulations in this Code and the Table of Sign Standards.

Regulations for any signs may be made more restrictive in the conditions of the ordinance governing a particular planned unit development or development conditioned by a conditional use permit.

Definitions. When used in this Section, the words and phrases listed below shall have the following meanings:

ABANDONED SIGN

A sign that no longer applies to a business, lessor, owner, event, product or activity.

ATTACHED SIGN

A sign attached to the wall of a building with the exposed sign face parallel to the plane of the wall.

AWNING

A shelter composed of rigid or non-rigid materials but supported by a rigid framework attached to a building wall.

BANNER

A sign composed of non-rigid material secured or mounted to a building wall or structure.

CANOPY

A permanent roofed, open-sided structure independently supported and detached from other structures.

CONSTRUCTION SIGN

A temporary sign identifying individuals and firms participating in the construction project and the future use of the parcel.

FLASHING LIGHT

An intermittent light source or the illusion of an intermittent light source, either internally or externally mounted. This definition excludes time and temperature and message signs.

FREESTANDING SIGN

Any sign supported upon the ground and independent of support from any building.

FRONT FOOTAGE

The distance of that portion of a parcel that is adjacent to and parallels a public street.

MESSAGE SIGN

A sign on which letters or pictorial panels may be changed in the field either manually or electronically.

MONUMENT SIGN

A sign entirely supported by a sign structure with a separate foundation which is less than six (6) feet in height (see Figure 1).

NAMEPLATE

A sign displaying the name, address or symbol of a building, business or establishment.

POLE SIGN

A sign entirely supported by a sign structure with a separate foundation and which is greater than ten (10) feet in height (see Figure 2).

PROJECTING SIGN

A sign supported from a building and that projects more than one (1) foot from the building wall.

PROPRIETOR

The operator of a business which owns, leases or rents building space.

PUBLIC RIGHT-OF-WAY

Publicly owned property used for streets and sidewalks including any medians, parking areas and parkways.

SETBACK

The distance between the public right-of-way edge and the nearest portion of a sign or its structure.

SIDEWALK

A paved area set aside for pedestrian traffic.

SIGN

Any surface, fabric, device or display designed to visually convey information to the general public. The term "sign" includes its structural support and component parts. In cases where more than one (1) display surface or device is attached to one (1) structural support, the entire structure shall be considered as one (1) sign.

SIGN STRUCTURE

Any connections or supports upon which a sign is attached.

SIGNABLE AREA

The largest rectangle that encompasses a building facade (see Figure 2).

TEMPORARY PORTABLE SIGN

A moveable reusable sign structure generally made of durable materials, mounted on wheels and towed or on a rigid frame and trucked which is regularly and periodically moved from parcel to parcel.

TEMPORARY SIGN

A sign that applies to a specific sale, drive or event which generally is made of non-durable materials.

TIME AND TEMPERATURE SIGN

A sign displaying only the time and/or the temperature.

WALL

All window and wall area of a building in one (1) plane or elevation.

Table Of Sign Standards.

The Table of Sign Standards is included as an attachment to this Chapter.

Section 400.220 Air Navigation Space Regulations.

[CC 1988 §22.166]

Scope Of Provisions. This Section contains the Air Navigation Space Regulations for Eldon. These regulations shall apply to Eldon, Missouri.

Statement Of Intent. The Air Navigation Space Regulations shall establish height limitations for structures and trees within proximity to aircraft landing approach areas and major airport maneuvering areas.

Definitions. For the purpose of this Section, the following words and phrases shall have the meanings given herein.

AIRPORT

An area of land that is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any.

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet from sea level.

APPROACH SURFACE

A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

HORIZONTAL SURFACE

A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

NON-PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

OBJECT

A structure, including a mobile structure, constructed or installed by man or a product of nature including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, trees, overhead transmission lines and utility poles.

PERSON

An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

TRANSITIONAL SURFACES

These surfaces extend outward at ninety degree (90°) angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety degree (90°) angles to the extended runway centerline.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

Airport zones are hereby created and established in and shall comprise all of the land lying beneath airport approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces. Except as otherwise provided in this Section, no object shall be erected, altered, maintained, planted, or be allowed to grow in any zone created by this Chapter to a height in excess of the applicable height limitations herein established for such zone. A tract of land located in more than one (1) of the following zones shall be deemed to be in the zone with the more restrictive height limitation. Other regulations appearing in this Chapter that are inconsistent herewith are superseded to the extent of such inconsistency.

The various zones and their height limitations are hereby established and defined as follows:

Utility runway visual approach zone. Shall have a width at its inner edge coinciding with the width of the runway's primary surface, as defined in Subsection (C), and expanding outwardly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitations shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (C), and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.

Utility runway non-precision instrument approach zone. Shall have a width at its inner edge of five hundred (500) feet and expanding outwardly from the primary surface to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. The centerline of the approach zone shall be the continuation of the centerline of the runway. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward, commencing at the end of and at the same elevation as the primary surface, as specified in Subsection (C), and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.

Transitional zones. Areas beneath the transitional surfaces. The height limitations shall be established by an imaginary plane sloping seven (7) feet outward for each foot upward, commencing at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation as specified in Subsection (C). In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of five thousand (5,000) feet measured at ninety degree (90°) angles to the extended runway centerline.

Horizontal zone. Established by swinging arcs of five thousand (5,000) feet (for all runways designated utility or visual) or ten thousand (10,000) feet (for all other types of runways) radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The height limitation shall be established by an imaginary plane lying one hundred fifty (150) feet above the airport elevation as designated in Subsection (C).

Conical zone. Established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The height limitation shall be established by an imaginary plane sloping twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation, as designated in Subsection (C), and extending to a height of three hundred fifty (350) feet above the said airport elevation.

Nothing in these regulations shall be construed to prohibit the emplacement, construction, maintenance or growth of any object not exceeding a height of thirty-five (35) feet above the airport elevation at the base of such object as specified in Subsection (E)(3) above.

Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport create bird strike hazard, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

The regulations prescribed by this Section shall not be construed to require the removal, lowering or other change or alteration of any object not conforming to the regulations as of the effective date of this Chapter or otherwise interfere with the continuance of the non-conforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any object, the construction or alteration of which was begun prior to the effective date of this Chapter and is diligently prosecuted. Notwithstanding the preceding provision of this paragraph, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Codes Department to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport to be protected thereby.

[Ord. No. 57-2022, 9-27-2022]

Section 400.225 Enhanced Enterprise Zone.

[Ord. No. 2048, 8-22-2006]

The following industries, when locating or expanding within the enhanced enterprise zone to be known as the Eldon/Miller County Zone as designated by the State of Missouri, will be considered eligible for a reduction in ad valorem taxes per criteria stated below and pursuant to Chapter 135, RSMo., and subsequent amendments:

Qualifying Industries by NAICS Code:

	11	Ag, forestry fishing and hunting
	21	Mining
	22	Utilities
	23	Construction
	31 — 33	Manufacturing
	42	Wholesale
	48 — 49	Transportation and warehousing
	51	Information
	52	Finance and insurance
	53	Real estate, rental and leasing
	54	Professional, scientific and technical services
	55	Management of companies and enterprises
	56	Administrative and support and waste management and remediation services
	61	Educational services
	62	Health care and social assistance
	71	Arts, entertainment and recreation, excluding gaming operations
	72	Accommodation and food service
	81	Other services except public administration
	92	Public administration

By Section 348.015 (14) of the RSMo.:

Value-Added agricultural products

This Section allows that any business enterprise within the above-itemized NAICS codes located within the proposed zone and meeting requirements of Chapter 135, RSMo., as amended, will receive fifty percent (50%) real ad valorem tax abatement on new improvements for ten (10) years.

Section 400.230 Non-Conforming Uses, Lands and Structures.

[CC 1988 §22.170; Ord. No. 2014 §1, 1-10-2006; Ord. No. 2039 §§1 — 2, 6-13-2006; Ord. No. 56-2022, 9-27-2022]

Scope Of Provisions. The provisions of this Section shall apply to all non- conforming uses, lands and structures. A non-conforming land use or structure is one which existed lawfully, whether by variance or otherwise, on the date this zoning ordinance or any amendment thereto became effective, and which fails to conform to one (1) or more of the applicable regulations of the zoning ordinance or such amendment thereto. Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

Statement Of Intent. It is the intent of this Section to permit non-conformities to continue until they are removed (except as otherwise here provided) but not to encourage their survival. Such non-conformities are declared by this Chapter to be incompatible with the permitted structures and uses of land and structures in the districts involved. It is further the intent of this Section that such non-conformities shall not be enlarged upon, expanded or extended, except as provided for herein, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

General Provisions.

An existing non-conforming land use or structure shall not cause further departures from the zoning ordinance. An existing non-conformity may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.

A non-conformity shall not be deemed to have existed on the date this zoning ordinance or any amendment thereto became effective, unless:

It was in being on a continuous basis and to its fullest extent on such date.

If such non-conformity is a use, such use had not been abandoned as hereinafter defined.

Provided however, that nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun in good faith prior to such date, if such construction diligently prosecuted to completion within two (2) years following such date. "Actual construction" is hereby defined to include the placing of construction materials so that they are in a permanent position and fastened to the earth in a permanent manner.

A non-conforming use of land shall not be enlarged, extended or altered and a structure or part thereof devoted to a non-conforming use shall not be enlarged, extended, constructed, reconstructed or structurally altered, except:

As may be required by law.

In changing the use to one which is permitted in the district in which such use is situated.

To the extent hereinafter permitted.

To provide off-street parking or loading space.

A non-conforming use of land shall not be moved to another part of a lot or outside the lot, and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became non-conforming, but no such use shall be extended to occupy land outside of such building or structure.

Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.

Where any change is proposed to be made to a use that is permitted in the district only by a conditional use permit, such change may be made only through a conditional use permit granted pursuant to the procedure delineated by Section 400.250 of this Chapter.

The number of dwelling units in a non-conforming residential structure shall not be increased over the number of dwelling units in the structure at the time of the structure becoming a non-conforming structure.

Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed or damaged by any means out of the control of the owner, further such restoration shall be allowed, provided the restoration of such structure and its use in no way increases any former non-conformity or exceeds lot setbacks and; provided, further, that restoration of such structure is begun within six (6) months of such destruction or damage and diligently prosecuted to completion within two (2) years following such destruction or damage. When a structure is determined to be substandard by the proper administrative official of the City of Eldon under any applicable ordinance of the City, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use.

Abandonment Of Non-Conforming Uses.

Any non-conforming use which has been abandoned shall not thereafter be re-established. Any structure or land, or structure and land in combination, which was formerly devoted to a non-conforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is situated.

The term "abandonment," as used herein, shall mean the voluntary discontinuance of a use when accompanied by an intent not to re-establish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon:

Any positive act indicating such intent; or

Any conscious failure to take all necessary steps to resume the non-conforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease; or

In the case of a structure or of a structure and land in combination, discontinuance of the non-conforming use for six (6) consecutive months; or

In the case of land only, discontinuance of the non-conforming use for ninety (90) consecutive days or for a total of six (6) months during any one (1) year period.

Any non-conforming use will terminate at the time a lot, parcel, structure or structures or lot or parcel containing a structure or structures is sold, deeded or otherwise transferred, and the lot, parcel, structure or structures or lot or parcel containing a structure or structures will revert to the conforming use of the zoning area in which it is located.

Section 400.240 Site Plan Review Procedure.

[CC 1988 §22.175]

The requirements of this Section shall apply to the view of plans where one (1) or more buildings are to be erected on a single lot, excepting the following:

Developments conditioned by planned unit development, residential mobile home park or conditional use permit.

Single-family residential detached dwellings, including associated garages.

Site plans shall be reviewed and approved by the Codes Department in accord with the following:

[Ord. No. 57-2022, 9-27-2022]

Compliance of the site plan with zoning ordinance requirements shall be established by the Zoning Enforcement Officer of the City of Eldon.

The Codes Department shall review and approve the right-of-way, curb cuts and other design features of abutting public streets or private or new streets. Additional streets may be required for the public health, safety and welfare when determined necessary by the Codes Department. On such streets the Codes Department shall determine the requirements for rights-of-way, street width, width of curb cuts, sidewalks, and any other improvements in adjacent right-of-way where not covered by Chapter 405, the Subdivision Ordinance of the City of Eldon. At such times as a development is proposed adjacent to a street that is accepted and maintained by the City of Eldon, the dedication of half of the right-of-way adjacent to the proposed development shall be included in the overall development improvements.

The Codes Department shall review and approve the internal traffic and pedestrian circulation system, landscaping, parking areas, and additional characteristics of site design as deemed appropriate. Landscaping may include recontouring, building of earth berms, vegetative covering, screening or other material alteration of the site as deemed appropriate to enhance areas outside the public right-of-way or to preserve the integrity of adjacent properties. Internal circulation shall include the location, nature, extent, construction and design of internal driveway lanes, parking lots, driveways to or through parking lots, and any other facilities that provide vehicular access to buildings, structures and improvements upon a given lot or tract.

The Codes Department shall review and approve the plans for conceptual compliance with the various codes and ordinances relating to sanitary sewers and other applicable requirements of the Building and Plumbing Codes.

For a site plan to be accepted for review, the following information shall be either placed on the site plan or on a separate sheet accompanying the plan:

Location map, north arrow and plan scale.

Zoning district, subdivision name, lot number, dimensions and area, and zoning of adjacent parcels where different than site.

Name, address and telephone number of the person or firm submitting the plan and the person or firm who desires the review comments forwarded to them.

Proposed use of the building and its construction type and distance from adjacent property lines.

Off-street parking spaces, required and proposed, including the number, size and location of those designated for the handicapped.

Type of sanitary sewage treatment and stormwater drainage facilities.

Dimensions of existing and proposed roadway pavement and right-of-way width for streets abutting the site.

Existing and proposed landscaping, fencing and screening, including name and size of plant material, type and size of fencing, and composition or construction type of other screening material,

Existing and proposed contour lines or elevations based on mean sea level datum when requested by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

10.

Location and size of existing and proposed signs

11.

Location and identification of all easements (existing and proposed).

12.

Location and height of all light poles.

13.

Overall dimensions of all buildings and the gross floor area of each building.

14.

Approximate location of any sink holes and springs, ponds and other watercourses.

Additional information to be placed on the site plan beyond the requirements listed above may be requested based on a joint review of the plans by authorized departmental representatives of the City of Eldon.

Upon verification of compliance with the site plan requirements stated in Subsection (C), the plan shall be reviewed within seven (7) days at a time agreed upon by the agencies and departments concerned. Within five (5) calendar days of the meeting date, a letter shall be forwarded to the person or firm submitting the plan stating the comments of the reviewing departments. Thirty (30) days from the date on the comment letter, revised plans addressing the listed comments shall be submitted for further review. If revised plans are not submitted within the specified time limit, review of the site plan will be terminated.

Section 400.250 Conditional Use Permit Procedure (CUP).

[CC 1988 §22.185; Ord. No. 2020 §1, 2-28-2006]

Scope Of Provisions. This Section contains the regulations of the conditional use permit procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety and general welfare. Such land uses and developments are identified in each particular zoning district under conditional land use and development permits issued by the Commission.

Height Limitation For Structures. Unless otherwise restricted by application of regulations in Section 400.220, Air Navigation Space Regulations, the total height of any structure shall be limited by the conditions governing the particular development or use authorized by conditional use permit. However, the total height of any structure authorized by conditional use permit shall not exceed the least restrictive regulations of the particular zoning district in which the conditional development or use is located.

Lot Area, Lot Dimension, Development Limitation And Yard Requirements. Any development or use authorized by conditional use permit shall abide by the lot area, lot dimension, development limitation and yard requirements of the particular zoning district in which the conditional development or use is located. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.

Off-Street Parking And Loading Requirements. The minimum off-street parking and loading requirements, including required setbacks for parking areas, loading spaces and internal drives for any development or use authorized by conditional use permit, shall not be reduced below the minimum requirements as set forth in Section 400.190, Off-Street Parking and Loading Requirements. However, these requirements may be made more restrictive in the conditions governing the particular development or use authorized by conditional use permit.

Sign Regulations. Specific sign regulations shall be established in the conditions governing the particular development or use authorized by conditional use permit in accord with the provisions of Section 400.210, Sign Regulations. However, in no instance shall they be less restrictive than the sign regulations of the particular zoning district in which the conditional development or use is located.

Procedures. The granting of a conditional use permit may be initiated by a verified application of one (1) or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives, or by a resolution of intention by the Planning Commission or the Board of Aldermen. Procedures for application, review and approval of a conditional use permit shall be as follows:

Application. Application for a conditional use permit for a specific tract of land shall be addressed to the City of Eldon Planning Commission and filed in the office of the Codes Department. The application shall be filed on forms prescribed for that purpose by the Planning Commission and be accompanied by the following:

[Ord. No. 57-2022, 9-27-2022]

Filing fee per requirements of Section 400.290, Fees.

Legal description of the property.

Outboundary plat of the property.

Preliminary development plan including, but not limited to, the following:

(1)

Proposed uses. Approximate location and designated uses of buildings and other structures as well as parking and open ares shall be indicated.

(2)

Proposed ingress and egress to the site, including adjacent streets.

(3)

Preliminary plan for provision of utilities.

(4)

Proposed landscaping and screening.

Public hearing. A public hearing on the application shall be held by the Planning Commission in accordance with the provisions of Section 400.320, Procedure for Amending the zoning ordinance, except that the posted public notice signs shall indicate that the public hearing is for a conditional use permit. The public hearing shall be held within thirty (30) days of verification by the Codes Department that the petition meets the minimum application requirements. The public hearing requirements shall be the same if a petition for a conditional use permit is initiated by resolution of intention by the Planning Commission or the Board of Aldermen.

[Ord. No. 57-2022, 9-27-2022]

Approval or denial of application. Subsequent to review of application the Planning Commission shall file a report with the Board of Aldermen in which the Commission shall grant or deny each application for a conditional use permit and state the reasons therefore. The Planning Commission may permit those developments and uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of Eldon. In approving such conditional uses, the Planning Commission shall impose such conditions as it determines necessary. Said conditions shall include, but not be limited to, the following:

Permitted uses.

Height limitation.

Minimum yard requirements.

Off-street parking and loading requirements.

Sign regulations.

Minimum requirements for site development plans.

Time limitations for commencement of construction.

Permit effective — when. Unless a duly filed protest is received by the City Clerk, a conditional use permit or an amendment thereto shall become effective after fifteen (15) days of an affirmative vote by the Board of Aldermen. In the event that a conditional use permit is filed in conjunction with a required change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

Effect of denial. Upon denial by the Planning Commission of an application for a conditional use permit, the Commission shall notify the applicant of the denial. If no appeal is filed from the denial, no subsequent application for a permit with reference to the same property or part thereof shall be filed by any applicant until the expiration of twelve (12) months after the denial. No provision herein shall be construed to prevent the Planning Commission or the Board of Aldermen from initiating the procedure provided in this Section by a resolution of intention at any time.

Appeal Or Protest Of Planning Commission Decision.

Appeal by petitioner from decision of denial. The petitioner may file an appeal to the Board of Aldermen of a Planning Commission denial of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 400.270, Appeal and Protest Process for Special Procedures.

Protest by specified nearby property owners to decision of approval. Specified nearby property owners may file a protest with the Board of Aldermen against the Planning Commission's approval of an application for a conditional use permit or an amendment thereto in accord with the provisions of Section 400.270, Appeal and Protest Process for Special Procedures.

Site Development Plans. Subsequent to the effective date of the conditional use permit, a site development plan shall be submitted for review and approval to the Planning Commission or the Codes Department as specified in the conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the conditional use permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit procedure shall be issued prior to approval of such plan. The approved plan shall be retained on file by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Procedure To Amend The Conditions Of Conditional Use Permit Or Site Development Plan. In order to amend the conditions of an existing conditional use permit or to amend the site development plan approved for a conditional use permit, the procedure shall be as follows:

To amend conditions of a conditional use permit:

The property owner or authorized representative shall submit a written request to amend conditions to the Codes Department for review. The department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally presented.

[Ord. No. 57-2022, 9-27-2022]

The department shall then forward the request and its report to the Planning Commission. The Planning Commission shall review the proposed condition amendments and file a report with the Board of Aldermen in which the Commission shall grant, deny or modify the requested condition amendments.

To amend the site development plan:

[Ord. No. 57-2022, 9-27-2022]

The property owner or authorized representative shall submit an amended site development plan to the Codes Department for review. The department shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally presented.

If the Codes Department determines that the proposed amendment to the site development plan is not in conflict with the original proposal and the preliminary development plan and meets all conditions of the conditional use permit, the department may approve said amended plan. The approved plan shall be retained on file by the Codes Department.

If the Codes Department determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally presented or with the preliminary development plan, the department shall so report to the applicant and the Planning Commission. The Planning Commission shall review the proposed site plan amendment and make a final determination.

Appeal To Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal to the Planning Commission a decision by the Codes Department in cases where the Codes Department is authorized to review development plans. The petitioner shall have a fifteen (15) day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the department. The Commission shall make the final determination of the matter. No exceptions may be granted that are in violation of the particular permit governing the development plan.

[Ord. No. 57-2022, 9-27-2022]

Time Limit Of Conditional Use Permits. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Planning Commission which may extend it for an unlimited period or for a specified additional period of years.

Failure To Commence Construction. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work or construction shall commence with two (2) years of the effective date of the permit, unless such time period is extended through appeal to and approval by the Planning Commission. If no extension of time is received or granted within six (6) months subsequent to the two (2) year period following the effective date of the conditional use permit, the permit shall terminate.

Development Of Conditional Uses And Permitted Land Uses On Same Tract Of Land. Nothing shall prevent the establishment of land uses or developments authorized by conditional use permit on the same tract of land with one (1) or more permitted land uses and developments specified in the regulations of the governing zoning district. However, the development or use authorized by conditional use permit shall abide by the conditions of the permit and the permitted land use and development shall adhere to the regulations of the governing zoning district. A permitted land use or development existing at the time of submittal of a site development plan for a development or use authorized by conditional use permit shall be shown on the plan. No permitted use or development shall at any time cause the violation of any condition imposed by a conditional use permit.

Section 400.260 Planned Unit Development (PUD).

[CC 1988 §22.190]

Scope Of Provisions. This Section contains the district regulations of the district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.

Statement Of Intent. The intent of this Section is to provide a voluntary and alternate zoning procedure in the "R-1", "R-2", "R-3" Residence District in order to provide for integrated developments having harmony of design and variety of function. It is not intended to permit a greater density of uses than those set forth in the regulations of the district or districts in which the development is located, but rather to provide for a greater flexibility in the design of building, yards and circulation than would otherwise be possible through the strict application of district regulations and to produce:

A maximum choice in the type of environment and living units available to the public.

Open space and recreation areas.

A pattern of development which reserves trees, outstanding natural topography and geologic features.

An efficient use of land resulting in smaller networks of utilities and streets.

An environment of stable character in harmony with surrounding development.

Superior development, and more desirable environment than would be possible for the PUD parcel, through the strict application of other Sections of the ordinances.

Permitted Land Uses And Developments. A PUD may be permitted only in Districts "R-1", "R-2", "R-3" and combinations thereof and in no other districts. The planned unit development may authorize any following development types and standards:

Any residential use of detached, semi-detached, attached, multiple-unit, groups of attached or multiple-unit structures, or any combination thereof; earth sheltered housing and supporting community facilities.

Any non-commercial use permitted in the zoning district within which the planned unit development lies. The area and yard requirements for non-dwelling uses shall not be diminished unless authorized by the ordinance authorizing the planned unit development.

Local public utility facilities.

The following commercial uses which are designed or intended to serve the residents of the PUD and which are essentially justifiable by the PUD itself may also be authorized if shown to be in the public interest:

Barber or beauty shops.

Child care centers.

Self-service laundries or dry cleaning facilities.

Convenience food or drug stores.

The above non-residential uses shall not occupy more than five percent (5%) of the total gross floor area of all residential buildings within the development, excluding garages. Primary access to these uses shall be from roads and walkways within the development and the uses shall be oriented to and coordinated with the total development. No freestanding signs shall be allowed for the non-residential uses. Attached business signs may be authorized, but no one (1) sign shall exceed forty (40) square feet in area. No more than one (1) sign shall be allowed per building where such use(s) is located. Such uses shall be located in a separate structure or within a multiple-family residence building. Application for a sign permit shall be filed in accordance with Section 400.210, Sign Regulations.

Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 400.220, Air Navigation Space Regulations, height limitations for structures may be modified by the Planning Commission with respect to any structure proposed in an application for a planned unit development, provided that any residential structure exceeding three and one-half (3½) stories in height or forty-five (45) feet shall be set back from all planned unit development lines at least one (1) additional foot for each foot of height above forty-five (45) feet above the average finished ground elevation at the perimeter of such structure.

Design Standards. Planned unit developments (PUDs) shall be planned as integral units and be designed to be compatible with adjacent areas. Conventional zoning and subdivision design standards shall be applicable except as provided herein, unless specifically requested by the developer, waived by the Board of Aldermen, and noted on the approved PUD plan; however, in no case shall a PUD violate the intent or density of the zoning district in which it is located.

Area, lot area, residential density and yard requirements.

Project size. No minimum project size in acreage or dwelling units. Sufficient size or yield to provide:

(1)

Adequate supporting population for commonly held facilities.

(2)

Project identity and design integrity.

Density calculations.

(1)

The maximum permitted number of dwelling units within a PUD shall be determined by dividing the minimum lot size of each zone within which the project is located into the total number of square feet in that zone contained in the PUD, excluding the area in street right-of-way.

(2)

If the PUD is within two (2) or more residential zoning districts, the permitted density shall be the sum of permitted dwelling units computed separately for the area within each district.

Yard, setback, lot size and frontage requirements may be waived for the PUD, provided that the spirit and intent of the zoning district are compiled within the total development plan as determined by the Planning Commission.

Building spacing. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise. High-rise buildings shall be located within a PUD in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

Perimeter requirements. In all residential districts, no portion of a building or structure shall be closer than thirty (30) feet to a perimeter property line or thirty (30) feet to a street right-of-way, except that where development or redevelopment is planned in an area where the buildings or structures on adjoining lots have been erected closer to the lot lines than these standards permit, the Planning and Zoning Commission may recommend and the Board of Aldermen may allow the placement of structures closer to perimeter lot lines, provided that in no instance shall the setback requirements be less than those required for the abutting land uses.

Community services. PUD approvals shall not be granted unless such facilities as water lines, sanitary sewer lines and major streets exist in sufficient quantity to serve the PUD without overloading or creating traffic along local streets in residential neighborhoods, or unless the developer is willing to install them at his/her own expense. All public facilities shall be installed in accordance with existing ordinances of the City of Eldon.

Open space, environmental design.

Common open space shall comprise at least twenty-five percent (25%) of the gross area of the PUD to be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development but shall not include public or private streets, driveways, buildings, parking lots, loading areas or private open space.

Accessory buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are approved for common open space and must conserve and enhance the amenities of the common space having regard to its topography and natural condition.

Common open space requirements may be reduced to fifteen percent (15%) of the gross area of the PUD when the open spaces are fully developed. Developed pedestrian malls, landscape buffer screens, and preserved historic sites and buildings may be included as open space.

Existing trees, groves, waterways, scenic points, historic spots, and other natural assets and landmarks shall be preserved whenever possible. The location of trees must be considered when designing open spaces and planning the location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels. Excessive site clearing of topsoil, trees and natural features will be discouraged.

Notwithstanding any other provision of this Chapter, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

Access and traffic circulation.

The PUD site itself must be accessible from and abut public roads which are adequate to carry the traffic generated by the proposed development. The streets, driveways and pedestrian ways within the proposed development must be adequate to serve the residents, visitors or occupants of the PUD. Access to each dwelling unit shall be provided by a public right-of-way or by a private vehicular or pedestrian way owned by the individual unit owner in fee or held in common ownership by the residents of the PUD.

Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within PUDs shall not be connected to local streets outside the development in such a way as to encourage their use by through traffic.

The pedestrian circulation system and its related walkways shall be insulated as reasonable as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the Planning Commission, pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic.

Standards of design and construction for roadway within PUDs may be modified as is deemed appropriate by the Planning Commission. Right-of-way width and street pavement widths may be reduced as deemed appropriate by the Planning Commission, especially where it is found that the plan for the PUD provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.

Ownership and project management.

Ownership. The parcel proposed for the PUD shall be under single ownership or unified control under a joint venture or similar single organization structure. Holdings must be contiguous and project management centralized.

Homes association. Unless the parcel is retained under single ownership, a homes association or other suitable permanent organization shall be created for purposes of improving, operating and maintaining private common facilities, including streets, drives, service and parking areas, and recreation areas, sufficient to secure these ends whenever the PUD plan provides for such facilities and creates the need for continuing responsibility for their upkeep.

Development staging.

(1)

Unless the PUD is to be constructed in one (1) phase, the plan shall provide for staged development of the project.

(2)

The schedule or staging of development shall not be such that a staged implementation of the PUD would result in land use conditions which would establish a precedent for the use of adjoining undeveloped property for purposes other than those shown on the approved PUD plan and/or the Eldon Comprehensive Plan.

Off-street parking and loading requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 400.190, Off-Street Parking and Loading Requirements. The off-street parking requirements may be complied with by providing one (1) or more permanent, common, off-street facilities for combined uses within the development, provided that the facility contains the requisite number of spaces for each use and that the spaces provided for residents are both clearly designated and conveniently located. Off-street parking requirements applicable in any district shall in no event be diminished by the Planning Commission. The Planning Commission may require that open parking spaces be depressed below the grade of the remainder of the property or screened by walls, fences or plant material or by both methods in order to preserve and complement the general character of any existing developments on adjacent properties.

Sign regulations. Sign regulations are set forth in Section 400.210, Sign Regulations.

Administration.

Coordination with subdivision ordinance. It is the intent of this Chapter that subdivision review be carried out simultaneously with the review of PUD under this Section of the zoning ordinance.

The plans required under this Chapter must be submitted in a form which will satisfy the requirements of the subdivision ordinance for the final plats required under those regulations.

In any PUD for which the provisions of the two (2) ordinances are in conflict, the provisions of this Section shall prevail and exceptions to the subdivision ordinance may be granted.

No building permit shall be issued for any construction in this PUD until the final PUD plan has been approved and all other applicable ordinances and other requirements are met; provided however, that building permits may be issued for attached structures prior to final subdivision plat approval if, in the judgment of the Codes Department, such issuance will facilitate more accurate property division for eventual conveying purposes. In no event may such structures be served by utility connections, nor may such properties be conveyed, until the final subdivision plat has been approved.

[Ord. No. 57-2022, 9-27-2022]

Approval of the preliminary PUD plan by the Board of Aldermen shall be deemed to satisfy the requirements for a sketch plat of a subdivision.

Approval of the final PUD plan shall be deemed to satisfy the requirements for a preliminary plat of a subdivision.

Approval of a preliminary development plan shall not qualify a plat of the planned development for recording.

Rezoning petitions. It is the intent of this Chapter that the developer's request for rezoning, if necessary to carry out the proposed PUD plan, be considered simultaneously with the review of the PUD plan under this Section of the zoning ordinance.

The administration of a PUD involves the interaction and negotiation of three (3) principal interests:

Developer. The land owner(s) or the representative of the land owner(s) which is authorized to file a PUD application in their name(s) and represent their interests in negotiating the terms of the PUD.

Planning team. A review committee chaired by the City Administrator and composed of a Planning, Zoning and Code Enforcement Officer, City Engineer, Public Works Director, Recreation Director, Fire Chief, Police Chief and other professional or administrative personnel as requested by the Planning Commission. The planning team's function is to provide an administrative review of the proposed PUD and make recommendations to maintain high quality planning standards to achieve a desirable urban environment.

Planning Commission. The Eldon Planning and Zoning Commission has many and varied functions to perform in PUD projects. They determine whether the PUD conforms with the adopted City Plan and land regulations, conduct public hearings to receive citizen input, and recommend the conditions for acceptance of the PUD to the Board of Aldermen.

Procedures. Procedures for filing, review and approval of the planned unit development shall be as follows:

Pre-application conference.

It is intended that the filing, review, negotiation, deliberation and approval process for a PUD avoids confusion or undue hardships on either the developer, planning team or Planning Commission. The pre-conference is a joint informational meeting(s) of the developer and planning team for their general review and understanding of the proposed PUD and the development policies of the City.

The developer shall submit a request for a pre-conference. The request shall be addressed to the Codes Department and submitted to the Codes Department upon such forms prescribed for such purpose by the Planning and Zoning Commission. The request shall be accompanied by a sketch plan which shall contain not less than the information required on a sketch plan in accord with Section 405.190 of the City of Eldon subdivision ordinance and shall also include the following:

[Ord. No. 57-2022, 9-27-2022]

(1)

Boundary survey showing measurements and acreage of tract in the PUD.

(2)

Physical conditions on the tract such as watercourses, marshes, wooded areas, sink areas, and existing structures to be retained.

(3)

Physical conditions on adjacent land, including ground elevations whenever needed for drainage purposes, location of structures, railroad rights-of-way, utility lines, community facilities, traffic arteries, shopping centers, schools and parks.

(4)

Proposed developments.

(5)

A statement describing existing and proposed facilities and utilities and existing and proposed protective or restrictive covenants.

(6)

Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum available from the U.S. Geological Survey or the City of Eldon. Floodplain and flood hazard areas shall be delineated.

(7)

Existing and proposed zoning.

The Codes Department shall arrange a joint meeting of the developer and the planning team for consideration and advice as to the relation of the proposed PUD to general development and policies of the City. The general outlines of the proposed PUD are to be presented, reviewed and discussed with opinions, suggestions and general recommendations given to inform and assist the developer. It should be made clear the suggestions made during the pre-conference are not legally binding but merely informed reaction to development proposals which should guide the developer in preparing preliminary plans. The pre-application conference shall be held within fifteen (15) days following receipt of the developer's request and accompanying plans, maps, sketches and basic site information.

[Ord. No. 57-2022, 9-27-2022]

The Codes Department shall, at their next regularly scheduled meetings or within thirty (30) days, whichever is less, file reports with the Board of Aldermen and the Planning and Zoning Commission containing information regarding the developer's interest in establishing a planned unit development.

[Ord. No. 57-2022, 9-27-2022]

Application — preliminary PUD plan. Application for a planned unit development for a specific tract of land shall be initiated by the filing of a verified application by the owner or owners of record, or owners under contract of a lot or tract of land, or their authorized representatives. Application shall be addressed to the Eldon Planning and Zoning commission and submitted to the Codes Department upon forms prescribed for such purpose by the Planning Commission and accompanied by the following:

[Ord. No. 57-2022, 9-27-2022]

Filing fee per requirements of Section 400.290, Fees.

Written documents:

(1)

Name of the PUD.

(2)

Name and address of the developer.

(3)

Name and address of land planner, engineer, architect, landscape architect or others preparing the plans.

(4)

A legal description of the total site proposed for development.

(5)

An explanation of the character of the PUD (describing land areas and uses, dwelling unit types and mix) and statements of the applicant's intentions with regard to the future selling, leasing or renting of all or portions of the PUD, and present and proposed zoning.

(6)

Quantitative data for the following: total number and type of dwelling units, parcel size, proposed lot coverage of buildings and structures, approximate gross and net residential densities, total amount of open space (including a separate figure for useable open space), total amount of non-residential construction (including a separate figure for commercial or institutional facilities), and other studies as required by the planning team.

(7)

Suitable documentation to show economic or other justification, primarily within the PUD itself, for any proposed non-residential use.

(8)

A copy of the proposed covenants, easements, homeowners' association devices and other provisions or restrictions proposed in the PUD.

(9)

A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

Site plan and supporting maps. A site plan, drawn to a scale of no more than fifty (50) feet to the inch, and any maps necessary to show the major details of the proposed PUD shall contain the following information:

(1)

Boundary survey showing measurements and acreage of tract in the PUD.

(2)

The existing site conditions including contours at two (2) to five (5) foot intervals (available from the City of Eldon or the U.S. Geological Survey), watercourses, marshes, wooded areas, sink areas, floodplains, flood hazard areas, structures, and other significant natural or manmade features.

(3)

Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.

(4)

Proposed lot lines and plot designs.

(5)

The location and floor area size of all existing and proposed buildings, structures and other improvements including maximum heights, types of dwelling units, density per type and non-residential structures.

(6)

The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses.

(7)

The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (including major points of ingress and egress to the development).

(8)

The existing and proposed pedestrian circulation system, including its inter-relationship with the vehicular circulation system, indicating proposed treatments of points of conflict.

(9)

The existing and proposed utility systems including sanitary sewers, storm sewers and water, electric, gas and telephone lines showing size, depth and location.

(10)

The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls.

(11)

Any additional information as required by the planning team necessary to evaluate the character and impact of the proposed PUD.

Planning team. After it has been verified to the Codes Department that the application meets the minimum application requirements, the planning team has sixty (60) days to review the PUD in detail, then convey their findings and recommendations in writing to the Planning Commission.

[Ord. No. 57-2022, 9-27-2022]

The Planning Commission shall take the following actions:

Determine if the proposed PUD is in conformance with the intent of the zoning district and the purposes of the plat and subdivision regulations.

Conduct a public hearing, then take the matter under advisement.

Consider the concerns the local citizens have expressed relating the proposed PUD.

Review the recommendations of the planning team and negotiate or arbitrate the differences between the developer and planning team.

Determine if the PUD is in conformance with the adopted City Plan (if not, should the City Plan be revised).

After weighing all the evidence, the Planning Commission shall either approve the PUD as presented, approve the PUD subject to certain specified modifications, or disapprove the PUD.

Transmit written findings and recommendations (whether approval, approval subject to conditions, or denial) to the Board of Aldermen.

Copies of the findings and recommendations of the Commission shall be made available to any other interested persons.

The Board of Aldermen shall take or cause to be taken the following actions:

Hold a public hearing.

Review the findings and recommendations of the Planning and Zoning Commission.

Consider the concerns local citizens have expressed in relation to the proposed PUD.

Restrictions and conditions. The Board of Aldermen may alter the preliminary development plan and impose such restrictions and conditions on the planned development as it may deem necessary to ensure that the development will be in harmony with the general purpose and intent of this Chapter and with the Eldon Comprehensive Plan. When the Board of Aldermen alters the preliminary development plan or imposes any restrictions or conditions on such plan, the developer shall have fifteen (15) days within which to file an acceptance of such alteration, restriction or condition with the Board of Aldermen. When an acceptance is required by this Section, no ordinance approving a preliminary development plan and establishing a planned development district shall be adopted until such acceptance has been filed with the Planning Commission.

Approve or disapprove the preliminary development plan within thirty (30) days after it receives the findings and recommendations of the Planning Commission thereon.

Form of ordinance. If approved, the Board of Aldermen shall, after receiving from the developer any acceptance required by Subsection (G)(5)(d) above, adopt an ordinance approving the preliminary development plan and establishing a planned development district for the parcel or tract of land included in the preliminary development plan. An ordinance approving a planned development and establishing a planned development district shall specify the zoning regulations and restrictions that will, pursuant to the development plan, apply in the planned development district or set such boundaries out on a map that is incorporated and published as a part of such ordinance. Such ordinance shall also specify the conditions and restrictions that have been imposed by the Board of Aldermen on the planned development and the extent to which the otherwise applicable district regulations have been varied or modified. When the Planning Commission has designated staged developments, the ordinance shall authorized the Planning Commission to modify the schedule of development to the extent set out in Subsection (E), Design Standards, and Subsection (H), Construction Timing.

Notification and changes of official maps. Within seven (7) days after the adoption of an ordinance approving a preliminary development plan and establishing a planned development district, such ordinance shall be certified by the Eldon City Clerk and shall be filed in the office of the Codes Department. A certified copy shall be mailed to the developer. Where approval of a preliminary plan has been granted, the same shall be noted on the Zoning Map maintained in the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Disapproved plan. If the preliminary development plan is disapproved, the developer shall be furnished with a written statement of the reasons for disapproval of the plan within seven (7) days after disapproval.

Final development plans.

After passage by the Board of Aldermen of an ordinance authorizing the establishment of a PUD and requiring submission of a final development plan, said plans shall be submitted in accord with the following provisions. No building permits or authorization for improvement or development for any use requested under provisions of this Chapter shall be issued prior to approval of such plans.

Plans shall be submitted to the Planning Commission for review and approval. Said plans shall contain the minimum requirements established in the conditions of the specific ordinance governing the PUD, shall comply with provisions of applicable City ordinances and shall include:

(1)

Details as to the location of uses and street arrangement.

(2)

Location and capacity of parking areas and overall parking schedule.

(3)

Plans showing location of all utilities, sizes, depth and easements including storm drainage easements.

(4)

Any other information normally shown on a preliminary plat of a subdivision, including appropriate certifications.

(5)

Final vehicular and pedestrian circulation plan and updated or refined proposals for any special landscaping, special site grading or non-residential uses given consideration in the preliminary PUD plan, including detailed feasibility or market studies for proposed commercial uses.

(6)

The dwelling unit density of each residential segment, the gross density of the project, and the area in square feet of all non-residential buildings by type of use.

(7)

Provisions for the ownership and maintenance of the common open spaces as will reasonably insure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be effective without the consent and acceptance by the Board of Aldermen.

(8)

Such declarations, covenants, bylaws and other instruments as may be necessary to establish and govern any homeowners' or other association charged with continuing maintenance and operational responsibility under the PUD plan.

Filing time limit. If the developer fails to apply for final approval within one (1) year following the approval of the preliminary development plan, the approval shall be deemed to be null and void. At its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing of the final development plan.

Final review. The final development plan shall be filed with the Codes Department and sent to the planning team for review. The planning team shall determine that the final development plan does not vary substantially from the previously approved preliminary development plan and that all new information provided is in compliance with the ordinance requirements. A written report outlining the findings and recommendations of the planning team shall be filed with the Planning and Zoning Commission. A development plan submitted for final approval shall be deemed to be in substantial compliance with the preliminary plan as approved, provided any modification by the developer of the preliminary plan, as approved, does not: (1) vary the proposed gross residential density or intensity of use by more than five percent (5%); or (2) involve a reduction of the area set aside for common open space; nor (3) increase by more than five percent (5%) the floor area proposed for non-residential use.

[Ord. No. 57-2022, 9-27-2022]

Commission action. The final development plan shall then be sent to the Planning Commission for final approval. It shall be the responsibility of the Commission to determine that the final PUD plan conforms to the intent of the preliminary PUD plan. If the Commission does not approve a final development plan, their specific reasons for disapproval shall be stated in writing and made part of the public record as well as presented to the developer. The developer shall have the right of appeal provided by Subsection (J).

Amendments.

(1)

If the final PUD plan fails to conform to the intent of the approved preliminary PUD plan, any amendment to the plan and the applications for such amendment shall be handled in the same manner as the original application with public hearings before the Planning and Zoning Commission and the Board of Aldermen following due public notice as required by law.

(2)

On request of the PUD developer the Planning and Zoning Commission may review plans and may authorized minor changes to the final PUD plan so long as substantial compliance with the original PUD plan and its terms and conditions are assured.

(3)

Changes which would represent a significant departure from the final PUD plan may only be approved under a revised application for a preliminary PUD plan, reviewed in the same manner and under the same procedure as the originally submitted plan. The determination of whether a proposed change would represent a significant departure from the approved final PUD plan shall be made by the Planning and Zoning Commission.

(4)

Modifications in the location and design of streets or facilities for water and for disposal of stormwater and sanitary sewerage shall not be construed as being significant departures from the final PUD plan; furthermore, a public hearing shall not be required in order to consider such modifications.

Acceptance and recording. After Commission approval, the PUD shall be sent with a recommendation to the Board of Aldermen for acceptance of streets, easements, public ways, public areas and official recording in the Miller County Recorder's Office. A performance bond shall be required by the Board of Aldermen for the construction of all public improvements including streets, utilities and public areas. A final development plan or any unit thereof that has been approved by the Planning Commission and accepted by the Board of Aldermen shall be so certified without delay by the Eldon City Clerk and shall be filed or recorded in the Codes Department before any development shall take place in accordance therewith.

[Ord. No. 57-2022, 9-27-2022]

All documents submitted under Subsection (G)(6)(b)(7 — 8) above must be approved by the City Attorney as to form and sufficiency.

Construction Timing. The construction of the PUD shall be started within.eighteen (18) months of the effective date of approval of the final plan by the Planning Commission. Failure to begin substantial development of the plan within eighteen (18) months shall automatically void the development plan. If cause is shown prior to its expiration, the Board of Aldermen may extend this period for such additional time as it may deem appropriate to the circumstances.

Abandonment Of Plan.

In the event that a development plan is given preliminary approval and thereafter, but prior to approval of a final development plan, the developer shall: (1) choose to abandon said plan and shall so notify the Planning Commission in writing; or (2) shall fail to file an application or applications for approval of a final plan within the required time period, then the preliminary plan is revoked, all that portion of the preliminary plan for which final approval has not been given shall be subject to provisions of the zoning ordinance and other ordinances that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended from time to time. The Board of Aldermen shall forthwith adopt an ordinance repealing the Planned Development District for that portion of the development that has not received final approval and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. When a preliminary development plan is revoked, such revocation shall be noted on the Zoning Map in the office of the Codes Department and in the records of the Eldon City Clerk.

[Ord. No. 57-2022, 9-27-2022]

In the event that a final development plan or unit thereof is approved and thereafter the developer shall:

Abandon part or all of said development plan and shall so notify the Planning Commission in writing; or

Shall fail to complete the planned development or unit thereof within a reasonable period of time after final approval has been granted, then no development or further development shall take place on the property included in the development plan until after the said property has been reclassified by enactment of an amendment to this Chapter in the manner prescribed for such amendments.

Appeal And Protest Procedure.

Appeal. The developer shall have the right to appeal a decision of the Planning and Zoning Commission, as set forth in Section 400.270, Appeal and Protest Procedures.

Protest. Property owners within one hundred eighty-five (185) feet of a proposed planned unit development may present a formal protest in the same fashion as provided by law for rezoning as set forth in Section 400.270, Appeal and Protest Procedures.

Section 400.270 Appeal and Protest Process For Special Procedures.

[CC 1988 §22.195]

Scope Of Provisions. This Section contains the regulations governing the filing and review of an appeal or protest from a Planning Commission decision or recommendation regarding a special procedure authorized under Sections 400.250, Conditional Use Permits; and Section 400.260, Planned Unit Development; and an appeal from a Planning Commission decision or recommendation regarding a Residential Mobile Home District authorized under Section 400.120.

Statement Of Intent. The purpose of this Section is to provide a formal method by which a petitioner may request further consideration by the Board of Aldermen of a Planning Commission denial or recommendation of denial of certain special procedures as specified herein; and to provide a formal method by which the owners of property located within a specified proximity to a petitioned tract of land may present to the Board of Aldermen a petition and statement of their opposition to a Planning Commission decision or recommendation of approval of certain special procedures as specified herein.

Filing Of Appeal Or Protest. The following regulations shall govern the filing of an appeal or protest:

Appeal by petitioner/developer to decision or recommendation of denial. Upon the denial or recommendation of denial by the Planning Commission of an application for a special procedure as specified herein, the applicant may file an appeal with the Board of Aldermen requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the Planning Commission's report is received by the Board of Aldermen at a regular meeting. Notice of appeal to the Board of Aldermen shall be in writing and shall be filed with the City Clerk, accompanied by an administrative fee not to exceed fifty dollars ($50.00). The applicant shall have an additional thirty (30) days to filed the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in the regulations of the special procedure in question.

Protest by nearby property owners to recommendation of approval. A protest may be filed against such change, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the legislative body of such municipality. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments. A notice of protest shall be filed within ten (10) days after the Planning Commission's report is received by the Board of Aldermen at a regular meeting. Notice of protest shall be in writing and shall be filed with the City Clerk, accompanied by the signatures of property owners in opposition. The notice of protest shall include notarized verification from the person(s) collecting protestants' signatures that all signatures are correct and real. The protestants shall have an additional thirty (30) days to file the actual protest. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in the regulations of the special procedure in question.

Review Of Appeal Or Protest. The following regulations shall govern the review of an appeal or protest:

Referral of appeal or protest to Planning Commission. Upon receipt of an appeal or a protest, the Board of Aldermen shall refer it to the Planning Commission. The Planning Commission shall respond thereon to the Board of Aldermen disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements specified in this Section.

Public hearing by the Board of Aldermen. Before acting on any appeal or protest the Board of Aldermen shall set the matter for hearing. The Board of Aldermen shall give written notice of such hearing to the applicant and all other persons who appeared and spoke in opposition to the application at the public hearing before the Planning Commission or to the protestants in the case of a protest. The applicant and the protestants in the case of a protest shall be heard at the hearing. In addition, any other person or persons who, in the discretion of the Board of Aldermen, will be aggrieved by any decision or action with respect to an appeal or protest may also be heard at the hearing.

Board of Aldermen decision. Following the hearing by the Board of Aldermen on an appealed or protested application, the Board of Aldermen may affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. In the case, however, of a negative recommendation from the Planning Commission or a valid protest against the application (as described in Subsection (C)(2) above), such application shall not be approved except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.

Section 400.280 Administration, Enforcement and Permits.

[CC 1988 §22.200]

Scope Of Provision. This Section contains the regulations pertaining to administration and enforcement of the provisions of this Chapter, issuance of permits, inspection of property, and issuance of stop work and stop use orders.

Administration. This Chapter shall be administered and enforced by the Codes Department who shall have the following duties with respect to this Chapter:

[Ord. No. 57-2022, 9-27-2022]

Shall appoint a Zoning Enforcement Officer who, by authority of the Codes Department, shall enforce the provision of this Chapter by means of the duties delineated herein. In addition, the Zoning Enforcement Officer shall, by authority of the Codes Department, enforce all regulations and conditions governing development of planned unit developments and conditional use permits in accordance with plans approved by the Planning Commission and the Codes Department pursuant to this Chapter.

May designate one (1) or more additional members of the department, as well as members of other City departments who have a particular skill or competence, to act for the Codes Department or the Zoning Enforcement Officer, and the term "Codes Department" or "Zoning Enforcement Officer" as used elsewhere in this Chapter shall be deemed to include such deputies.

May determine the actual location of a boundary line between zoning districts where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Zoning Adjustment in accordance with the City of Eldon Revised Ordinance, Section 400.300.

Shall approve building permits. Such approval shall be by approval of the plot plan required by the City of Eldon Building Code, except as otherwise provided by this Chapter.

May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chanter by issuing a stop work or stop use order.

May refer any violation of the zoning ordinance to the City Prosecutor for prosecution or other appropriate action when deemed necessary.

May adopt such administrative policies as he/she deems necessary to the carrying out of his/her enforcement responsibilities, which policies shall have general applicability to cases of similar character.

Permits And Orders.

Building permits. No building permit shall be issued for the erection, reconstruction or alteration of any structure or part thereof, nor shall any such work be started until approved by the Codes Department or its authorized representative. No building permit shall be issued for any building unless such building is in conformity with the provisions of this Chapter.

[Ord. No. 57-2022, 9-27-2022]

Stop work orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter may be effected by posting a stop work or stop use notice on the premises or by notice in writing to the owner of the property involved or to his/her agents or to the person doing the work, in the case of a stop work order, stating the nature of the violation.

Entry And Inspection Of Land And Buildings.

[Ord. No. 57-2022, 9-27-2022]

The Planning Commission or its authorized representatives and the authorized personnel of the Codes Department are hereby empowered in the performances of their functions to enter upon any land in the City of Eldon for the purpose of making inspections, examinations and surveys or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of this Chapter. The above authorized persons shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Section.

The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and report to the Codes Department any suggested stoppage of work.

Police Assistance In Posting Stop Work And Stop Use Orders. The Department of Police shall aid in enforcing the zoning ordinance by posting stop work or stop use notices when requested by the Codes Department.

[Ord. No. 57-2022, 9-27-2022]

Section 400.290 Fees.

[CC 1988 §22.210; Ord. No. 2013-07 §1, 2-12-2013]

In the administration of the provisions of this Chapter, the Planning and Zoning Director shall collect fees, at the time of the filing of a petition or an application, for the various procedures as stated in this Section.

The filing fees for a petition for change of zoning district boundaries or district classification shall be three hundred dollars ($300.00).

The application fee for a conditional use permit shall be three hundred dollars ($300.00).

The application fee for a planned unit development shall be three hundred dollars ($300.00) plus any fee assessed for a rezoning petition, if applicable.

The application fee for a Residential Mobile Home District shall be three hundred dollars ($300.00) plus the fee assessed for a rezoning petition.

The application fee for variance shall be three hundred dollars ($300.00).

The application fee for lot split shall be three hundred dollars ($300.00).

The application fee for lot combination shall be three hundred dollars ($300.00).

The application fee for alley vacation shall be three hundred dollars ($300.00).

This list is non-exclusive.

Refund of filing fee(s). The fees to be charged for the application procedures in this Chapter are not refundable, except where a petition or application is withdrawn prior to advertising or posting of public hearing notices for the petition, and then only by order of the Board of Aldermen. Final plat approval may be withheld pending payment of these items.

Section 400.300 Board of Adjustment.

[CC 1988 §22.220]

Creation, Membership And Organization.

Creation and membership. A Zoning Board of Adjustment is hereby established as set out in Section 89.080, RSMo. Such Board shall consist of five (5) members who shall be residents of Eldon. One (1) member shall be appointed from the Planning Commission. Members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be appointed by the Mayor with the approval of the Board of Aldermen. All members and alternates shall serve without compensation and each member shall be removable for cause by the Mayor with the Board of Aldermen approval upon written charges having been filed with the Board of Aldermen and after a public hearing has been held regarding these charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally, or by certified mail, or by having the same at his/her usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment of the Mayor with the approval of the Board of Aldermen and shall be for the unexpired term. Alternate members shall be appointed annually to serve for a period of one (1) year.

The Board shall organize and adopt rules in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman and at such time as the Board may determine. The Chairman, or in his/her absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record. All testimony, objections thereto and rulings thereon and minutes shall be taken and maintained by a member of the Board of Adjustment.

[Ord. No. 39-2022, 7-26-2022]

Four (4) regular and/or alternate members constitute a quorum. The Board shall act by resolution; and the concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass. When only four (4) regular and/or alternate members are present, the applicant may request his/her appeal or application be continued so as to be heard by five (5) members and/or alternate members of the Board. When the Board lacks sufficient members for a quorum, the business before the Board shall be continued to the Board's next regular meeting or at a date established by the Chairman.

Powers And Duties. The Board of Adjustment has the primary function of serving the public interest. The Board of Adjustment shall have all of the powers and duties prescribed by law of the State of Missouri and by this Chapter which are more particularly specified as follows:

To interpret the Chapter, being:

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning and Code Enforcement Officer or other administrative official in the enforcement of this Chapter.

To determine the exact location of any district boundary if application of the rules for interpretation provided in this Chapter do not provide a solution to such uncertainty.

To permit variances when conditions of practical difficulty or unnecessary hardship exist. The strict application of the requirements of this Chapter may be varied or adapted in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions whereby such strict application would deprive the owner of the reasonable use of the land or building involved. In order to grant a variance, the Board of Adjustment must find that all of the following criteria are met:

Special circumstances exist which are peculiar to the applicant's land, structure or building and do not generally apply to the neighboring lands, structures or buildings in the same district or vicinity.

Strict application of the provisions of this Chapter would deprive the applicant of reasonable use of the land, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures or buildings in the same district.

The special circumstances are not the result of action of the applicant taken subsequent to the adoption of this Chapter.

Relief, if approved, will not cause substantial detriment to the public welfare or impair the purposes and intent of this Chapter.

The following rules will be considered by the Board of Adjustment when approving or denying a variance:

Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning. The applicant may not cite expenses incurred in violating this Chapter as a reason for granting relief from its terms.

Unless otherwise specified at the time the variance is granted, the variance applied to the subject property and not to the individual who applied. Consequently, the variance is transferable to any further owner of subject property but cannot be transferred by the applicant to a different site.

A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be canceled by the administrative officer and written notices shall be given to the property owner.

In granting a variance, the Board of Adjustment may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this Chapter.

A variance that is granted must be in harmony with the general purpose and intent of the ordinance and preserve its spirit:

(1)

The Board of Adjustment does not possess the power to grant a "use" variance (authorizing a use of land or building that is not permitted as a principal use or structure, accessory use or structure in the district involved).

(2)

The Board of Adjustment may not grant a variance authorizing the enlargement of a non-conforming use or in any way make it more permanent.

(3)

When the applicant demonstrates there would be "practical difficulties or unnecessary hardship" in carrying out the strict letter of the ordinance, the Board of Adjustment may grant variance in lot area, yard size, building height or other dimensional requirements.

(4)

"Practical difficulties or unnecessary hardship" means that the owner of the property must be able to show, if he/she complies with the provisions of the ordinance, that he/she cannot make any reasonable use of his/her property.

Procedure.

Appeals. Appeals from action taken by an administrative officer shall be taken in the following manner:

Appeals to the Board of Adjustment may be taken by any person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality affected by any decision of the Zoning Inspector.

All appeals shall be taken within sixty (60) days of the date of the action which is appealed.

Appeals from the enforcement and interpretation of this Chapter shall be addressed to the Board of Adjustment and filed with the Codes Department on forms prescribed for such use, together with the following:

[Ord. No. 39-2022, 7-26-2022]

(1)

Filing fee, as specified in Section 400.290, Fees.

(2)

The decision being appealed and the date of the decision.

(3)

Legal descriptions, maps, plans and/or other information so as to completely describe the decisions or interpretation being appealed.

(4)

The reason for the appeal.

(5)

The date the appeal was filed with the Codes Department.

An appeal stays all proceedings in furtherance of the action appealed from unless the administrative Officer certifies to the Board of Adjustment that by reason of facts in the record a stay would, in his/her opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a court order.

Variance applications.

Any person, firm or corporation owning in fee simple real property within the City may file an application with the Board requesting a hearing, variance, or an interpretation of this Chapter or of the Zoning Map.

Applications for variances to this Chapter shall be addressed to the Board of Adjustment and filed with the Codes Department on forms prescribed for such use. The application must be signed by all owners of the property and shall include:

[Ord. No. 39-2022, 7-26-2022]

(1)

Filing fee, as specified in Section 400.290, Fees.

(2)

The correct legal description of the property.

(3)

The current zoning of the property.

(4)

The name, address and phone number of at least one (1) property owner.

(5)

A clear description of the request.

(6)

In all instances where new construction is involved or where yard or parking variances are requested, a site plan, drawn to scale, showing existing and proposed buildings with their distances from property lines shall be attached to the application.

(7)

The date the application was filed with the Codes Department.

Review Of The Application And Actions Of The Board Of Adjustment. The Board of Adjustment shall approve or deny appeals and variances in the following manner:

The Codes Department shall transmit to the Board of Adjustment the appeal and all papers constituting the record upon which the action appealed from was taken. In the case of a variance application, the application and supporting information shall be transmitted to the Board of Adjustment.

[Ord. No. 39-2022, 7-26-2022]

The Board of Adjustment shall fix a time for the hearing of the application or the appeal within thirty (30) days following receipt of same, give public notice thereof by publication one (1) time in a local newspaper of general circulation in Eldon not less than five (5) nor more than fifteen (15) days prior to the date of said hearing. The Board of Adjustment shall post notice on the property involved for a period of one (1) week prior to the hearing. The Board of Adjustment shall give ten (10) days' notice to the parties in interest.

Upon the hearing, any party may appear in person or by attorney.

The Board of Adjustment shall render a decision on the matter within a reasonable time after the hearing is held. Every decision of the Board of Adjustment shall be by resolution, each of which shall contain a full record of the findings of the Board of Adjustment in the particular case. Such records shall show that the Board of Adjustment considered in each case:

The evidence received;

The findings of fact that it makes and upon which it bases its decision;

Its decision.

The Board of Adjustment shall forward a copy of its findings and its resolution in each case to the Board of Aldermen and to the Planning and Zoning Commission.

Limitation On The Powers Of The Board Of Adjustment. The powers of the Board of Adjustment shall be limited to those conferred by this Chapter and by the laws of the State of Missouri, and the Board of Adjustment shall have no jurisdiction or authority to hear or decide on or recommend in response to applications or petitions, or its own motion, to amend, alter, change or repeal the whole or any part of the Comprehensive Plan or any ordinance of the City.

Appeal From Decisions Of The Board Of Adjustment. Appeals from rulings of the Board of Adjustment may be taken in the manner provided by Statute.

Section 400.310 Planning and Zoning Commission.

[CC 1988 §22.250]

Composition — Terms — Vacancy — Removal. There is hereby established within and for the City a Planning and Zoning Commission which shall consist of seven (7) members and one (1) alternate; a member of the Board of Aldermen selected by the Board, if the Board chooses to have a member serve on the Commission. All citizen members shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first (1st) appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.

[Ord. No. 24-2018, 9-4-2018]

Qualifications. All citizens members shall be qualified voters and taxpayers.

Reports. The Planning and Zoning Commission shall make reports to the Board of Aldermen covering its investigations and transactions and recommendations relative thereto as it may deem proper or as required by the Board of Aldermen.

Section 400.320 Procedure For Amending The Zoning Ordinance.

[CC 1988 §22.300]

Scope Of Provisions. This Section contains procedures for amending this Chapter, zoning district boundaries or classification of property. Included are regulations for the filing of petitions, required public hearing notices, and powers of the Planning Commission and the Board of Aldermen in reviewing requested changes.

Whenever the public necessity, convenience, general welfare and good zoning practice require, the Board of Aldermen may, after a public hearing and recommendation thereon by the Planning Commission and subject to the procedure provided in this Section, amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established by this Chapter. The Planning Commission may hold a public hearing on a petition for a change of zoning to a "R" Residence District and a petition for a planned unit development permit at the same public hearing and on the same parcel of land and make recommendations thereon. The Planning Commission may hold a public hearing on a petition for a change of zoning and a petition for a conditional use permit at the same public hearing and on the same parcel of land and make recommendations thereon. Amendment, supplement, reclassification or change may be initiated by a resolution of intention by the Planning Commission or the Board of Aldermen or by a verified application of one (1) or more of the owners or authorized representatives of the owners of property within the area proposed to be changed. From the date of the receipt and filing by the Board of Aldermen of the Planning Commission's report on an application for the amendment, supplement or change of any property, no subsequent application requesting the same classification or conditional use permit of or with reference to the same property or part thereof shall be filed with the Codes Department within twelve (12) months from said receipt and filing date. If a bill granting or denying the application is not introduced in the Board of Aldermen within sixty (60) days after a report thereon by the Planning Commission is received by the Board of Aldermen at a regular meeting, it shall be deemed denied unless extended by resolution of the Board of Aldermen during the sixty (60) day period. No ordinance relating to zoning or conditional use permit which is contrary to a recommendation of a majority of the members of the Planning Commission shall be adopted by the Board of Aldermen, except by an affirmative vote of two-thirds (2/3) of the members of the Board of Aldermen. No provision herein shall be construed to prevent the Board of Aldermen from initiating the procedure provided in this Section by a resolution of intention at any time.

[Ord. No. 57-2022, 9-27-2022]

Petition For Change Of Zoning.

Petitions for any change of zoning district boundaries or any reclassification of districts, as shown on the Zoning District Maps, shall be addressed to the Board of Aldermen and filed with the Planning and Zoning Commission upon forms prescribed for that purpose at the office of the Codes Department. Such petitions, except those initiated by the Planning and Zoning Commission or the Board of Aldermen, shall be accompanied by the following:

[Ord. No. 57-2022, 9-27-2022]

Filing fee, as set forth in Section 400.290.

The correct legal description of the real estate to be rezoned.

The appropriate official street number and name for such property.

The present zoning of the property.

The desired zoning of the property or amendment, supplement, change, modification or repeal of the article.

The signatures of all owners and/or their attorney and/or their designated representatives.

The typewritten names, addresses and phone numbers of all owners and/or their attorney and/or their designated representative.

Designated representative or representatives shall present proper power of attorney signed by all owners and notarized showing authorization to act on behalf of all owners.

A plat showing the real estate to be rezoned. The plat shall be drawn to scale and shall show the dimensions of the property along with sufficient neighborhood information to readily identify the property.

The reason for the requested change.

Each such petition, other than those initiated by the Planning Commission or the Board of Aldermen, shall be verified by at least one (1) of the owners or authorized representatives of the owners of property within the area proposed to be changed, attesting to the truth and correctness of all facts and information presented therein.

Immediately upon receipt of such application, the Codes Department shall note thereon the date of filing and make a permanent record thereof.

[Ord. No. 57-2022, 9-27-2022]

The Codes Department shall, within fifteen (15) calendar days of receipt of any petition for rezoning or special procedure permit accompanied by the appropriate filing fees, notify in writing all parties of interest as named in the petition, either that the petition is certified as meeting all pertinent requirements and will be scheduled for hearing by a specified date or specifically in what manner the petition does not comply with minimum petition submission requirements. If the department does not respond in writing within fifteen (15) days, the petition shall be deemed accepted and shall be scheduled for public hearing within the period established by the applicable provisions of this Chapter. The Codes Department shall file one (1) copy of the accepted application with the City Clerk. If the petition has been determined not to comply with minimum petition requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within fifteen (15) days from receipt of the department's letter. If the deficiencies are not corrected within the fifteen (15) day period, the department shall return the petition to the petitioner and recommend to the Board of Aldermen that the filing fees be refunded.

[Ord. No. 57-2022, 9-27-2022]

Hearing Date — Notice — Posting Of Signs. Upon filing with the Codes Department a petition to amend, supplement or change the regulations, zoning district boundaries or classification of property now or hereafter established, or upon initiation of a resolution of intention by the Planning Commission or the Board of Aldermen, a public hearing shall be set before the Planning Commission within thirty (30) days. The Codes Department shall:

[Ord. No. 57-2022, 9-27-2022]

Cause public notice of hearing to be given as follows: publication at least once in a newspaper of general circulation in the City of Eldon. Publication shall commence not less than fifteen (15) days before the hearing date. Notice shall contain the legal description of the parcel of land; the approximate street location or address, when possible; the name of the person seeking the zoning change; the present zoning district classification and the zoning district classification sought; and a map showing location of the area proposed to be rezoned. The notice shall include the time and place of such hearing.

Cause a sign or signs to be placed on each parcel of land on which an application for a zoning district change has been filed with the Planning Commission. Said sign or signs shall be placed on such land at least fifteen (15) days prior to the public hearing to be held by the Planning Commission and shall be posted in a conspicuous place upon said land at a point nearest to the right-of-way of any street or roadway abutting such land and so as to be clearly visible to the traveled portion of such street or roadway. The Codes Department shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Chapter. Any such sign shall bear thereon the following: "PUBLIC HEARING" and "ZONING CHANGE OR SPECIAL USE PERMIT" and "APPLICATION FOR ZONING LED WITH THE CITY OF ELDON PLANNING COMMISSION. PUBLIC HEARING WILL BE HELD ON (insert date and time) IN THE (insert name of building and street address), ELDON, MISSOURI 65026". The Codes Department may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a zoning change pending before the Planning Commission.

Penalty For Removal Or Defacement Of Signs. Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a violation of this Chapter and upon conviction shall be punished as provided for in Section 400.330 of this Chapter.

Notice Required. Amendments to the zoning ordinance that are of a general nature, and not pertaining to a specific property as in the case of a change in the boundaries of a zoning district, shall require publication of notice at least once in a newspaper of general circulation in the City of Eldon. The notice shall include the time and place of such hearing. Publication shall commence not less than fifteen (15) days before the hearing date. Public notice for such general amendments shall not require posting of any signs. It shall not be necessary to publish notice or hold public hearing on amendments to this Chapter pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and departments in carrying out the regulations of this Chapter.

Written Report. The Codes Department shall submit a written report to the Planning Commission prior to the public hearing before the Planning Commission. In the case of amendments to procedures and to the duties and powers of officials, boards, commissions and departments, such report shall be submitted to the Planning Commission prior to the forwarding of a decision or recommendation by the Planning Commission to the Board of Aldermen.

[Ord. No. 57-2022, 9-27-2022]

Approval Of Rezoning Portion Of Property. The Planning Commission may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Board of Aldermen may enact by ordinance such a partial granting of a petition for a charge in zoning district classification.

Approval Of Different Classification. The Planning Commission may recommend and the Board of Aldermen may enact by ordinance a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner.

Transmittal Of Finding. The Commission shall transmit their recommendations to the Board of Aldermen in writing.

Protest Against Amendment. If a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk no later than ten (10) days after the public hearing, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by two-thirds (2/3) vote of the Board of Aldermen.

Publication. Before acting upon any application for amendment, the Board of Aldermen shall set a time and place for a hearing thereon and at least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Eldon.

Section 400.325 Recreation Vehicles Prohibited.

[Ord. No. 27-2022, 5-24-2022]

Use For Living Or Sleeping Prohibited On Private Property. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated mobile home park, travel trailer park, campground, or safe parking facility. This shall include tents or man-made structures that do not meeting the minimum requirements for residential housing as described in Section 400.060, 400.090, 400.100, 400.110, 400.120, 400.130 of the Eldon Municipal Code. An overnight tenting experience for a child or family will be permitted by this Section.

Overnight Camping Prohibited On Specified Public Properties. Within City streets, areas of the public right-of-way, and City-owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcement.

Exception—Recreational Vehicle As Temporary Dwelling. A recreational vehicle may be parked in a residential parking space or driveway for periods not to exceed seven (7) days in any one-month period for the purpose of housing guests of on-site residents only. Such recreational vehicle shall not be parked to prevent residents of any other dwellings on the site from using their assigned parking spaces, nor shall it discharge waste or sewage into the City’s sewage system. If the property owner allows the connection to the electric and water system that is allowed during this 7-day period. At no time will it be allowed for the RV to be connected to the Eldon Missouri sewer or waste system.

Section 400.330 Violations — Penalties.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.

The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

Section 400.340 through Section 400.390.

Section 400.400 Medical Marijuana Facilities.

[Ord. No. 15-2020, 5-12-2020]

Purpose. The medical marijuana facilities regulations are established to promote the health, safety, morals and general welfare of the citizens, visitors, and businesses of the City. This Section is intended to govern and provide locations within the City of Eldon where medical marijuana facilities can successfully provide their intended services to the citizens and visitors of Eldon while maintaining the standard of life to which they have become accustomed.

Medical Marijuana Dispensary Facility. This use will only be permitted in the C-2 and I-1 zoning districts after meeting the following minimum requirements:

No medical marijuana dispensary facility shall be permitted within two hundred (200) feet, measured from property line to property line, of any religious institution, elementary or secondary school, or child day-care facility.

Properties proposed to contain a medical marijuana dispensary facility must be located in one of the previously established zones and also meet one of the following:

Be located within one thousand (1,000) feet from the State Highway Business Highway 54.

Medical Marijuana Cultivation Facility. This use will only be permitted in the A-1 and I-1 zoning districts after meeting the following minimum requirements:

Properties proposed to contain a medical marijuana cultivation facility must be located in one of the previously established zones and also meet the following:

The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day-care facility.

The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned residential that contain a previously established residential use and properties zoned A-1 and C-2 that have been approved for a special use permit for a residential use in a commercial zone.

Medical Marijuana-Infused Products Manufacturing Facility. This use will only be permitted in the I-1 zoning district after meeting the following minimum requirements:

Properties proposed to contain a medical marijuana-infused products facility must be located in the previously established zone and also meet the following:

The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned A-1 that contain a previously established residential use and properties zoned C-2 that have been approved for a special use permit for a residential use in a commercial zone.

Medical Marijuana Testing Facility. This use will only be permitted in the I-1 and C-2 zoning district after meeting the following minimum requirements:

Properties proposed to contain a medical marijuana testing facility must be located in the previously established zone and also meet the following:

The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned C-2 that contain a previously established residential use and properties zoned I-1 that have been approved for a special use permit for a residential use in a commercial zone.

Parking For Medical Marijuana Facilities. Parking for medical marijuana facilities will be governed by the provisions of Code Section 400.190, Off Street Parking and Loading Requirements.

Signage For Medical Marijuana Facilities. Signage for medical marijuana facilities will be governed by the provisions of Code Section 400.210.

Medical marijuana facilities shall not negatively affect adjacent and surrounding properties by means of being noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.

Medical marijuana facilities that propose having more than one type of facility on the same property or within the same building will be required to follow the regulations for the more-restricted facility. (For example, as adopted in 2020, a facility containing both a dispensary and cultivation would be required to locate in the I-1 zone with the distance requirements for a cultivation facility.)

All other applicable regulations not specifically addressed in this Section will be governed by the provisions of the zoning district in which the facility is proposed to be located.