City of New Melle, MO Supplementary District Regulations

Article VI Supplementary District Regulations

[Ord. No. 224 §§1 — 2(20.01), 10-19-2005]

Unless otherwise stated, the regulations hereinafter established shall apply within all districts established by this Chapter. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Section 405.305 Height Exceptions.

[Ord. No. 224 §§1 — 2(20.02), 10-19-2005]

Public And Semi-Public Buildings. In any district, public or semi-public buildings, such as hospitals, churches, sanitariums or schools, either public or private, where permitted, may erect to a height not exceeding thirty-five (35) feet, provided that such buildings shall have yards which shall increase one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established in the regulations of the district in which such buildings are situated.

Structural Projections. Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, communication, radio and television towers or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy are not subject to the height limitations contained in the district regulations, except that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%), except as indicated below.

Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article V of this Chapter, except in no event shall a communication tower, radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.

Section 405.310 Yard and Setback Exceptions.

[Ord. No. 224 §§1 — 2(20.03), 10-19-2005]

Commercial/Industrial Front Yards. In the "C-1", "C-2" and "I-1" Districts inclusive where buildings located in the same block on the same side of the street have provided front yards of greater depth than herein required, the Board of Aldermen may require a similar setback for buildings or structures constructed thereafter.

Determination Of Setbacks. In measuring a yard, the minimum horizontal distance between the proposed required setback line shall be measured from the proposed right-of-way line which shall be determine by the transportation plan. If a new or existing street is not defined by the adopted transportation plan, the required width of said street in question shall be determined by the Board of Aldermen.

Contractor's Office. Contractor office and equipment shed shall (containing no sleeping or eating quarters) be kept on location only during the duration of the project. Such use need not comply with yard setback requirements of this Chapter.

Structural Projections. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves, provided that none of the above projection extend into a minimum yard more than thirty (30) inches; and provided further that balconies, canopies or open porches having an area not exceeding sixty (60) square feet may project a minimum of six (6) feet into the required front or rear yard and existing open porches extending into the required yard shall not be enclosed. Mechanical units are specifically excluded from this exception, whether attached or detached.

Fire Escapes/Balconies. An open fire escape may project into a required side yard not more than half the width of such yard but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into the required rear yard.

Accessory Building And Structures. See Section 405.325.

Sight Triangle. On a corner lot in any district, development shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points twenty-five (25) feet from their point of intersection or at equivalent points on private streets, except that the sight triangle shall be increased for safety by the Board of Aldermen.

Commercial/Industrial Rear Yards. No rear yard shall be required in Districts "C-1" to "I-1" inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway right-of-way or which has a rear railway track connection.

Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

Sycamore Creek. Residential lots in Sycamore Creek shall have a front yard setback thirty-five (35) feet or greater from the right-of-way line, without special approval from the Board of Aldermen.

[Ord. No. 363, 6-9-2014]

Section 405.315 Area Regulations.

[Ord. No. 224 §§1 — 2(20.04), 10-19-2005]

Maximum Lot Coverage Calculation. In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings as measured along the outside wall at ground level or above as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first three (3) feet of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in maximum lot coverage requirements.

Business And Dwelling Joint Use. For any building used jointly for business and dwelling purposes, the number of dwelling units permitted (by the lot area requirements per dwelling unit) shall be reduced in the same proportion as the floor area devoted to business bears to the entire floor area of the building, provided that floor area below the first (1st) floor of such building shall not be included in any calculation under this provision.

Hotel And Apartment Joint Use. For any building providing jointly for hotel and apartment house uses, the number of dwelling units permitted in apartments by the lot area requirements per dwelling unit shall be reduced in the same proportion as the total floor area devoted to hotel or non-housekeeping rooms bears to the total area devoted to both uses.

Section 405.320 Access Regulations.

[Ord. No. 224 §§1 — 2(20.05), 10-19-2005]

Access To Business And Industrial Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district; provided however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a planned district development.

Street Access. All lots shall abut a street other than an alley for a width of at least thirty-five (35) feet. Access along Highway Z, Highway D and Highway F, a maximum entrance of one (1) egress shall be allowed every six hundred (600) feet. Access is through commercial property easements along that six hundred (600) foot stretch.

Section 405.325 Accessory Buildings and Structures.

[Ord. No. 224 §§1 — 2(20.06), 10-19-2005]

An accessory building or structure:

[Ord. No. 404, 10-10-2017]

May be erected without a principal building in "AG" (Agricultural) Districts on property of ten (10) acres or more but may not be occupied as a dwelling.

Shall not be erected or used prior to the principal building in "AG" (Agricultural) Districts on property of less than ten (10) acres nor in any other district ("R-1A," "R-lB," "R-lC," "R-lD," "R-2," "R-3," "R-M," "C-0," "C-1," "C-2," "C-3," "I-1," "I-2" and "P-R"), except as a construction facility of the principal building when a permit has been issued for the principal building.

Accessory buildings, except garages, must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings (except garages) and recreational vehicle pads must be located in the rear yard of a lot on the interior side.

Attached accessory buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this Chapter pertaining thereto.

Detached accessory buildings and structures.

Height. In any district, a detached accessory building or structure shall not exceed twenty-four (24) feet or two (2) stories in height and shall not be higher than the main building.

Yard and area requirements. No detached accessory building or structure, except garages, shall be erected in any required front or side yard. Detached accessory building may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area. No detached building or structure may be erected closer than ten (10) feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district. In no case shall any accessory structure be located in a required transition strip.

Building size. For residential lots of one (1) acre or less, one (1) accessory building up to ten (10) feet by ten (10) feet by eight (8) feet high is allowed (non-metal) with no building permit required. For residential lots over one (1) acre, a metal structure will be allowed and is not to exceed seventy-five percent (75%) of the dwelling square footage.

Section 405.330 Home Occupations.

[Ord. No. 224 §§1 — 2(20.07), 10-19-2005]

An occupation carried on within a dwelling or accessory building by members of the family occupying the dwelling, provided the residence character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance or manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.

Restrictions And Limitations. Home occupations shall be permitted as an accessory use to a residential use in any district subject to the requirements of this Section.

Home occupations shall be operated entirely from an enclosed structure and shall not occupy more than fifteen percent (15%) of the total floor area of the main residential building, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.

No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence or other visible evidence of conduct of the home occupation.

No outdoor storage of materials or equipment used in the home occupation shall be permitted.

There shall be no visible evidence of the home occupation except the owner may provide a home occupation sign which is in conformance with the sign standards of the City of New Melle.

No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.

No equipment shall be utilized that creates a nuisance due to odor, vibration, noise, electrical interference or fluctuations in line voltage beyond the property line of the lot upon which the home occupation is conducted.

Parking generated by the conduct of a home occupation shall be provided off-street and other than in a required front yard.

No commodities shall be displayed or sold outside of the main residential building.

A home occupation permit shall be issued only to the individual occupying a dwelling as his/her residence. As such, home occupation permits shall not be transferable and shall terminate upon sale or transfer of the property to a new owner.

Permitted Home Occupations. Permitted home occupations are limited to the following list of occupations and may be considered a conditional use subject to review and recommendation by the Planning and Zoning Commission and approval by the Board of Aldermen.

Dressmakers, seamstress, tailors

Instruction services for not more than two (2) pupils at a time. No group instruction shall be permitted.

Artists, sculptors, authors, composers, home crafts and other forms of home product sales where orders are taken and deliveries of the product are made at the home or business of the patron.

Home office of a salesman, sales representative or manufacturer's representative, but only when no retail or wholesale sales are made or transacted on the premises, except by telephone, and when no products or materials are displayed, warehoused or stored upon the premises.

Home office of an accountant, broker, architect, engineer, insurance agent, land surveyor, professional consultant, lawyer, real estate agent or computer programmer. Not more than two (2) clients on the premises at a time shall be permitted.

Ministers, rabbis, priests.

Babysitting of not more than six (6) children including the children of the resident household.

Section 405.335 Temporary Uses.

[Ord. No. 224 §§1 — 2(20.08), 10-19-2005]

Temporary Use Permit. The Mayor and the Board of Aldermen are authorized to issue a permit for a temporary use within any zoning district provided it meets the requirements of this Section. The permit shall be issued for a specified period of time and shall contain health, safety and traffic. The Mayor and Board of Aldermen may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances. In addition, proof of liability insurance covering the business must be submitted.

Temporary Uses Permitted.

Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the applicable yard setback requirements, provided that no display will encroach within the required yard setback for any district by more than fifty percent (50%) and no display or equipment shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in this Chapter.

Contractors' office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of construction for such project. Such use need not comply with yard and setback requirements of this Chapter.

Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development may continue only until the sale or lease of all dwelling units in the development. Such offices need not comply with the yard setback requirements of these regulations, provided that a plan showing the proposed sales office location and parking layout is approved by the Mayor and the Board of Aldermen.

Seasonal sales. Seasonal sale of farm produce grown on the premises in an "AG" District. Structures incidental to such sale need not comply with the applicable front yard requirements, provided that no such structure shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in this Chapter. All such structures shall be removed or moved back of the street setback line at the end of the season during which they are used.

Carnivals and circuses. A carnival or circus, but only in a "C-1", "C-2", "C-3", "I-1" or "I-2" District and then only for a period that does not exceed fourteen (14) consecutive days. Such use need not comply with the applicable yard setback requirements, provided that no structures or equipment shall encroach within the required yard setback for the district in which it is located by more than fifty percent (50%) and no structure or equipment shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in this Chapter.

Disasters. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood as determined by the Board of Aldermen of the City of New Melle, provided that the mobile home is located on a three (3) acre site and is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Planning and Zoning Commission may extend the period six (6) additional months upon showing of good cause by the owner.

Temporary Dwelling Structures. No cabin, garage, cellar, basement or other temporary structure whether of a fixed or moveable nature may be erected, altered or moved upon and used in whole or in part for any dwelling purpose whatsoever for any length of time whatsoever.

Section 405.340 Number of Buildings Permitted per Lot.

[Ord. No. 224 §§1 — 2(20.09), 10-19-2005]

Not more than one (1) principal detached single-family dwelling unit shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure, except as permitted under Article V ("PUD") of this Chapter.

Section 405.345 Condominiums.

[Ord. No. 224 §§1 — 2(20.10), 10-19-2005]

The declaration and all details of covenants, bylaws and administrative provisions pertinent to the maintenance of buildings, structures, land and other physical facilities for condominiums shall be reviewed and approved by the Board of Aldermen prior to issuance of a building permit.

Section 405.350 Fencing.

[Ord. No. 224 §§1 — 2(20.11), 10-19-2005]

Fencing in a residential district shall not be built forward of the rear corner of the main body of house and may be built on or within the property lines of the side and rear yards, except on corner lots where on the street side the required setback shall be the same as for structures. Fencing will be a maximum height of seventy-two (72) inches and fencing for pools must meet City Building Code ordinance standards. All fencing will have the finished side facing outward. Any variance from these requirements may be granted by a variance by the Board of Adjustment, provided the circumstance stay within the public welfare.

NOTE: A survey should be made of the property lines for proper and legal location of the fence.

Section 405.355 Development Standards for Automobile Repair Facilities and Gasoline Service Stations.

[Ord. No. 224 §§1 — 2(20.12), 10-19-2005]

The following specific development standard shall be met before a conditional use permit may be issued for an automobile repair facilities and gasoline service stations so as to control the mode of development, method of operation and to ensure that the location does not adversely affect the health, safety and welfare of the community especially from the traffic point of view.

Standards for automobile repair facilities.

Site size. No minimum lot acreage shall be stipulated.

Setbacks. Shall be determined by the zoning district for the proposed automobile repair facility.

Service bays. Where adjacent to a residential district ("A", "B", "C", "AR", "D", "R-2", "R-3" or "R-M"), no more than three (3) service bays shall be permitted. Service bay doors shall not face residentially zoned property.

Parking and access. In addition to providing parking in accordance with Section 405.595(F), there should be adequate space on site for automobiles to be parked waiting for repairs in an enclosed repair bay.

Fencing. The site shall be fenced with a six (6) foot brick or stone masonry wall or solid fence of wood or other material deemed appropriate by the Planning and Zoning Commission along each property line which abuts property zoned to any residential classification ("A", "B", "C", "D", "R-2", "R-3", "AR" or "R-M").

Trash disposal and storage. All used tires and parts, trash and similar objects, shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site.

No automobile repair shall be performed outside a designated repair bay.

Landscaping and buffering. Landscaping shall be provided in accordance with a landscape plan approved by the Planning and Zoning Commission and meeting the minimum requirements of Article X "Landscaping and Screening" of this Chapter.

Curb cuts and corner radius. On corner sites a twenty (20) foot curb radius shall be provided and no curb entrance shall be located within less than fifty (50) feet from the end of such curve. At intersections where a primary flow of right turn traffic is anticipated, a thirty-five (35) foot corner curb radius of curvature shall be provided, again with a fifty (50) foot curb cut setback from the end of the curve.

Sight lines. Landscaping provided along the street frontage in accordance with Article X "Landscaping and Screening" of this Chapter should preserve sight line for entering and exiting traffic. This does not preclude careful placement of street trees with high foliage or low growing shrubbery (below thirty (30) inches).

Signs. See Article XVII "Sign Ordinance" of this Chapter.

Standards for gasoline service stations.

Site size. No minimum lot acreage shall be stipulated.

Setbacks. Shall be determined by the zoning district for the proposed automobile service station.

Retail sales. Sales shall be restricted for the gasoline service station to fuel, food, beverages, personal care and other convenience items or car washing services as part of the conditional use.

Gasoline deliveries. No delivery tanker shall park on public right-of-way during gasoline delivery, nor shall any hose be permitted on the public right-of-way.

Parking and access. In addition to providing parking in accordance with Section 405.595(F), there should be adequate space on site for automobiles to be parked waiting for each dispenser.

Signs. See Article XVII "Sign Ordinance" of this Chapter.

Section 405.360 Lighting.

[Ord. No. 224 §§1 — 2(20.13), 10-19-2005]

The following standards shall apply to all exterior light fixtures within the City of New Melle, Missouri:

The light from any luminaries (the light source and its enclosure including any reflectors or other devices for the control of light but excluding bracket arms or posts for support or mounting) shall be shaded, shielded or directed to prevent direct light from being cast upon an adjacent property and to prevent glare or the objectionable problems to surrounding areas.

Except for street traffic lights, lighting fixtures shall not exceed sixteen (16) feet in height, unless specifically permitted by site development plan approval in accordance with Section 405.695.

No luminaries shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color, nor will any beacon lights be permitted.

Neither the direct nor reflected light from any luminaries shall create a disabling glare causing traffic hazards to motor vehicle operators on public thoroughfares.

Major outdoor recreation facilities. Lighting systems and standards for major outdoor recreation facilities as determined by the Planning and Zoning Commission, such as athletic fields or stadiums, shall require approval of conditional use permit.

Section 405.365 Building Type.

[Ord. No. 224 §§1 — 2(20.14), 10-19-2005]

No pole barn type of building. However, a pre-engineered metal building can be used only if sides facing streets have a decorative finish or a low maintenance type material which must be approved by the Planning and Zoning Commission.