City of Ironton, MO
Iron County
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Table of Contents
Table of Contents

Section 402.010 Short Title.

[R.O. 2008 §400.010; Ord. No. 380 §1, 11-9-1987]
This Chapter shall be known and may be cited and referred to as the "Zoning Ordinance of the City of Ironton, Missouri."

Section 402.020 Definitions.

[R.O. 2008 §400.020; Ord. No. 380 §2, 11-9-1987; Ord. No. 395 §1, 2-12-1990; Ord. No. 488 §1, 2-8-1999]
For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory.
ACCESSORY BUILDINGS
A subordinate building which is incidental to the principal building or use and which is located on the same lot with such principal building or use.
ACCESSORY USE
A use incidental to the principal use of a building located on the same lot with the principal building or use.
ALLEY
A public or private thoroughfare which affords only a secondary means of access to abutting property.
BASEMENT
A story having a part, but not more than one-half (1/2) of its height, below grade. A "basement" is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes.
BOARDING HOME
A building other than a hotel, where for compensation and by arrangement for definite periods, meals, or lodging and meals, are provided for five (5) or more persons, but not exceeding twenty (20) persons.
BUILDING
Any structure having a roof supported by columns or walls built for the support, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels), nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip or gambrel roofs.
BUILDABLE WIDTH
The width of the lot left to be built upon after the side yards are provided.
CELLAR
A story having more than one-half (1/2) of its height below grade.
CHILD or CHILDREN
"Child" means and includes an individual who is under the age of seventeen (17), and the word "children" means and includes more than one (1) such individual.
COMMERCIAL USE
Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public; provided, however, that child day-care or babysitting services provided by an adult within their own home shall not be considered a commercial use unless more than ten (10) children, not related to the day-care provider, are cared for in said home for any part of the twenty-four-hour day.
COMPREHENSIVE PLAN
An official document adopted by the City setting forth a plan for the physical development of the community, including studies of land use, traffic volume and flow, schools, parks, and other public buildings.
DAY CARE
The care of a child away from his own home for any part of the twenty-four-hour day, for compensation or otherwise. "Day care" supplements the parents' responsibility for the child's protection, development, and supervision. "Day care" may be given in a family home or a day-care center as herein otherwise provided.
DAY-CARE CENTER
A group program providing care for more than ten (10) children in a home, occupied by the day-care provider, or more than four (4) children in a facility other than a family home, for any part of the twenty-four-hour day.
DAY-CARE HOME
A family home occupied by the day-care provider, in which care is given to not less than five (5) nor more than ten (10) children, not members of the immediate family, i.e., sons or daughters of the day-care provider, for any part of the twenty-four-hour day.
DISTRICT
A section or sections of the City of Ironton for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of the use are uniform.
DWELLING
Any building or portions thereof which is designed and used exclusively for residential purposes.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1) family which shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home; and shall include any private residence licensed by the division of family services or department of mental health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2) families.
DWELLING, MULTIPLE
A building designed for or occupied exclusively by more than two (2) families.
DWELLING UNIT
One (1) or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.
FAMILY
One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit and maintaining a common household, whether or not related by blood, marriage or adoption.
FARM
An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operation of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten (10) acres in one (1) parcel under common ownership or operation, and provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.
FILLING STATION
Any building or premises used for the sale at retail of motor vehicle fuels, oil, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.
FLOOR AREA
The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
FOUNDATION
A permanent foundation to a modular home unit or other structure shall have a poured concrete footing. The footing should be suitable for the weight of the structure and soil-bearing capacity. The footing thickness should be equal to the foundation wall thickness and the footing width equal to twice the wall thickness. Foundation walls should be centered along the footing. If the soil load-bearing capacity is poor, the size of the footing should be increased and reinforced with more rebar steel. The foundation wall should be of poured concrete, masonry block or laid brick around the entire outside perimeter of structure, capable of supporting load weight of structure so as to be indistinguishable in appearance from conventionally built structures. Simple underpinning and concrete piers alone will not be considered a foundation.
FRONTAGE
All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead-end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
GARAGE, COMMERCIAL
Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.
GARAGE, PRIVATE
A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.
GRADE
The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
HOME OCCUPATION
Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a name plate or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic household purposes; provided, however, the City of Ironton recognizes that family day care is an activity in keeping with the nature and purpose of families and homes within residential areas; "home occupations" shall include day care provided in a family home in which care is given to not less than five (5) nor more than ten (10) children. Day care provided for more than ten (10) children shall not be considered a home occupation but rather a commercial use limited to commercial use areas only.
INDUSTRY
The term "industry," as used in this Chapter, is restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses, and other businesses that are primarily commercial in nature.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit establishment for public use.
LICENSED DAY-CARE FACILITY
A day-care home or day-care center in which care is provided to five (5) or more children and which is licensed and authorized to provide such care by the Division of Family Services for the State of Missouri pursuant to Sections 210.201 through 210.245, RSMo., and the Rules and Regulations of the Division of Family Services at 13 CSR 40-61.010 et seq. of the Code of State Regulations.
LOADING SPACE
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
LOT
A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, open spaces, and parking spaces required by this Chapter, and having its principal frontage upon a street.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and the rear lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT OF RECORD
A lot which is a part of a subdivision, the map or plat of which has been recorded in the office of the County Recorder of Iron County, Missouri; or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Iron County, Missouri, prior to the adoption of this Chapter.
MANUFACTURER
An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.
MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURT
Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.
MOBILE OR MANUFACTURED HOME
A factory-built structure or structures more than eight (8) body feet in width and thirty-two (32) feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.
MOBILE HOME PARK
An area or plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.
MODULAR HOME UNIT
A factory-fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes that is indistinguishable in appearance from conventionally built structures. For the purposes of this Chapter, "modular home units" are considered as permissible single-family dwellings in appropriate districts.
NON-CONFORMING USE
Any building or land lawfully occupied by a use at the time of passage of this Chapter (11-9-1987) or amendment thereto which does not conform after passage of this Chapter (11-9-1987) or amendment thereto with the use regulations of the district in which it is situated.
NURSING HOME
A home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions.
PARKING SPACE, OFF-STREET
An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile.
PLAT
A map, plan, or layout of a city, township, section or subdivision indicating the location and boundaries of individual properties.
PREMISES
A lot, together with all buildings and structures thereon.
SIGN
An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.
STORY
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A "half story" may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
STREET
A public way which affords the principal means of access to abutting property.
STREET LINE
A dividing line between a lot, tract, or parcel of land and a contiguous street.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
STRUCTURAL ALTERATION
Any change, except those required by law or ordinance, that 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.
TRAILER OR MOBILE HOME PARK
An area or plot of ground upon which two (2) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.
USE
The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
YARD
An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter.
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.
YARD, REAR
A yard extending the full width of the lot between a main 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 line to the rear yard line.
ZONING ADMINISTRATOR
That person appointed by the Mayor with the approval of the Board of Aldermen to enforce the provisions of this Chapter.

Section 402.030 District Boundaries and General Regulations.

[R.O. 2008 §400.030; Ord. No. 380 §3, 11-9-1987; Ord. No. 488 §2, 2-8-1999]
A. 
In order to classify, regulate and restrict the locations of trades, industries and residences, and the location of buildings designed for specific uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City of Ironton is hereby divided into districts, of which there shall be nine (9) in number, known as:
1. 
A Agricultural District.
2. 
R-1 Single-Family Residential District.
3. 
R-2 General Residential District.
4. 
MH Mobile Home Park District.
5. 
C-1 General Commercial District.
6. 
C-2 Central Commercial District.
7. 
C-3 Planned Commercial District.
8. 
I-1 Light Industrial District.
9. 
I-2 Heavy Industrial District.
B. 
The boundaries of these districts are shown upon the Zoning District Map for the City of Ironton, Missouri, which is made a part of this Chapter and which is on file in the office of the City Clerk. Said Map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original Zoning District Map is properly attested and is on file with the City Clerk of the City of Ironton, Missouri.
C. 
All territory which may hereafter be annexed to the City of Ironton shall be classified in the R-1 Single-Family Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 402.200 of this Chapter.
D. 
Whenever any street or other public way is vacated by official action of the City of Ironton, the zoning district adjoining each side of such street 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.
E. 
Where uncertainty exists with respect to the boundaries of the various districts shown on the Zoning District Map, the following rules shall apply:
1. 
Where a boundary line is given a position within a street, alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.
2. 
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
3. 
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.
4. 
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
5. 
In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale shown on the Zoning District Map.
F. 
Except as hereinafter provided:
1. 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.
2. 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area, parking and other regulations prescribed herein for the district in which the building is located.
3. 
The minimum yards and other open spaces, including lot areas per family required by this Chapter, shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure whether existing on November 9, 1987, or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for other building or structure.
4. 
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.
5. 
A permanent foundation, as defined above, shall be installed prior to the final installation of a modular home unit within the City of Ironton, Missouri. Each applicant of a building permit seeking to install a modular home unit within the City of Ironton, Missouri, shall first sign an acknowledgement notifying said applicant of the definition of a "foundation" and the requirement that all modular home units have such a foundation prior to the installation of the modular home unit. Further, each such applicant shall acknowledge and agree that his or her building permit shall be conditioned upon the final approval of the Zoning Administrator as to the foundation. The Zoning Administrator shall inspect the foundation after it has been installed and prior to the installation of the modular home unit. Only after the Zoning Administrator approves the foundation may the applicant actually install the modular home unit onto the foundation. The Zoning Administrator shall have the right to instruct the applicant to modify or correct the foundation; and if the applicant fails or refuses to modify or correct the foundation, then the building permit issued for the installation of a modular home unit may be withdrawn at the discretion of the Zoning Administrator. Thereafter, the applicant shall not be permitted to install said modular home unit upon said foundation. A copy of the acknowledgement to be signed by each applicant is on file in the City offices, marked "Exhibit A" and incorporated herein by reference.[1],[2]
[1]
Editor's Note: Said exhibit is on file in the City offices.
[2]
Cross Reference — As to further duties of the applicant and Zoning Administrator, see also Section 402.180(C).

Section 402.040 A Agricultural District Regulations.

[R.O. 2008 §400.040; Ord. No. 380 §4, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the A Agricultural District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Farms, truck gardens, and nurseries, including the sale and distribution of agricultural products and products other than machinery, that are to be used for agricultural purposes; provided, however, that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish, or offal.
b. 
Single-family dwellings.
c. 
Customary home occupations, provided that a special use permit is granted under Section 402.170.
d. 
Airports and landing fields having prior approval of the Federal Aviation Administration.
e. 
Publicly owned or operated properties.
f. 
Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members and not for gain.
g. 
Railroad rights-of-way.
h. 
Public schools and institutions of higher education, public libraries, municipal buildings.
i. 
Churches and other places of worship, Sunday school buildings and parish houses.
j. 
Cemeteries, including mausoleums with special use permit only; provided that mausoleums shall be distant at least two hundred (200) feet from every street line and adjoining lot lines and, provided further, that any new cemetery shall contain an area of twenty (20) acres or more.
k. 
Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.
l. 
Roadside stands, offering for sale only farm products which are produced upon the premises.
m. 
Riding stables, veterinary hospitals or the keeping of small animals; provided that any building or enclosure housing animals shall be located at least one hundred (100) feet from all property lines.
n. 
Grain elevators or similar storage structures, including buildings for seasonal or temporary storage of grain.
o. 
Hospitals and institutions of an educational, religious, charitable, or philanthropic nature, with special use permit only; provided, however, that such buildings shall not be located upon sites containing an area of less than five (5) acres, may occupy not over ten percent (10%) of the total area of the lot, and that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.
p. 
Accessory building or use customarily incidental to any of the above uses.
q. 
Church bulletin board or a temporary sign not exceeding twenty (20) square feet in area, appertaining only to the lease, hire or sale of a building or premises, or the sale of products grown and sold on the premises; provided, however, that not more than one (1) sign of the above character shall be permitted on any lot or tract.
r. 
Public utilities including water treatment plants, sewage treatment plants and electrical distribution plants.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160.
3. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.

Section 402.050 R-1 Single-Family Residential District Regulations.

[R.O. 2008 §400.050; Ord. No. 380 §5, 11-9-1987; Ord. No. 395 §II, 2-12-1990; Ord. No. 568 §1 10-13-2008]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the R-1 Single-Family Residential District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Farming.
b. 
Single-family dwellings: Said use as a single-family dwelling shall include and authorize the use of the premises for the care of less than five (5) children away from their home for any part of the twenty-four-hour day, for compensation or otherwise, by a day-care provider, who is also an occupant of the home.
c. 
Two-family dwellings, with special use permit, as provided for in Section 402.170.
d. 
Attached single-family dwellings, subject to the provisions for site plan review provided for in Section 402.170.
e. 
Churches.
f. 
Public buildings, parks, playgrounds and community centers.
g. 
Public schools, elementary and high, and private educational institutions having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.
h. 
Customary home occupations, with a special use permit, provided that there shall be no external evidence of such occupations, except a small announcement or professional sign not over two (2) square feet in area and attached to the building, and further provided, that a day-care home in which care is given to not less than five (5) nor more than ten (10) children, not members of the immediate family, i.e., sons or daughters of the day-care provider, shall be deemed a customary home occupation subject to the requirements of a special use permit as hereinafter provided. Day-care centers for more than ten (10) unrelated children are not customary home occupations and shall be limited to commercial use areas only. A special use permit shall not be necessary for homes in which less than five (5) children, not related to the day-care provider, are cared for in any part of the twenty-four-hour day.
i. 
Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations.
j. 
Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed, upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
k. 
Temporary signs pertaining to the lease, hire or sale of a building or premises on which such sign is located.
l. 
Accessory buildings and uses including, but not limited to, accessory private garages, servants' quarters, guest houses, swimming pools, home barbecue grills, customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area for permitted public and semipublic uses, accessory storage and accessory off-street parking and loading spaces. Provided further, that attached signs in excess of thirty (30) square feet in area may be permitted if granted by special use permit therefor. The maximum size of any signs permitted by a special use permit in an R-1 Residential District shall be ninety-six (96) square feet. Further, dependent upon the signage prepared and posted and the requested signage, the Board of Aldermen may grant a special use permit for additional signage on said property so long as said signage is consistent with this Zoning Ordinance and limited to the identification of the name of the business establishment on the premises, the type of business conducted on the premises, or commodities, services or products sold or offered on the premises.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160.
3. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.

Section 402.060 R-2 General Residential District Regulations.

[R.O. 2008 §400.060; Ord. No. 380 §6, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the R-2 General Residential District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any use permitted in the R-1 Single-Family Residential District.
b. 
Two-family dwellings.
c. 
Multiple-family dwellings.
d. 
Attached single-family dwellings, subject to the provisions for site plan review as provided for in Section 402.170.
e. 
Medical clinic or office, with special use permit only.
f. 
Rooming house, boarding house, tourist home when located on an officially designated state highway.
g. 
Religious, educational, eleemosynary institution of a philanthropic nature, but not a penal or mental institution.
h. 
Hospital or sanitarium except a criminal, mental or animal hospital, with special use permit only.
i. 
Nursing, rest, or convalescent home.
j. 
Private club, fraternity, sorority or lodge, except one of which the chief activity is a service customarily carried on as a business.
k. 
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple-family dwelling, rooming or boarding house, hospital or institution.
l. 
Name plate not exceeding five (5) square feet in area attached to the wall at the entrance to be lighted with only indirect, non-intermittent light.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160.
3. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.

Section 402.070 MH Mobile Home Park District Regulations.

[R.O. 2008 §400.070; Ord. No. 380 §7, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the district regulations in the MH Mobile Home Park District.
1. 
Use Regulations. Premises shall be used only for the following purposes:
a. 
Mobile homes in approved mobile home parks providing designated spaces for two (2) or more mobile homes.
b. 
Accessory buildings incidental and subordinate to the use of mobile homes. Buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within the district.
c. 
Any R-2 use if a special use permit therefor is granted under Section 402.170, Special Use Regulations.
d. 
All mobile home parks shall comply with the Mobile Home Park Regulations of the City of Ironton.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160 of this Chapter and the Mobile Home Park Regulations of the City of Ironton.
3. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 of this Chapter, and in the Mobile Home Park Regulations of the City of Ironton, shall be observed.

Section 402.080 C-1 General Commercial District Regulations.

[R.O. 2008 §400.080; Ord. No. 380 §8, 11-9-1987; Ord. No. 395 §III, 2-12-1990; Ord. No. 500 §1, 12-11-2000 Ord. No. 568 §2, 10-13-2008; Ord. No. 568-1 §2, 12-08-2014]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the C-1 General Commercial District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any use permitted in the R Residential Districts.
b. 
Automobile parking lots, automobile or trailer display or storage lot and sales room.
c. 
Bowling alleys, dance halls, or skating rinks.
d. 
Dressmaking, tailoring, shoe repairing, repair of household appliances, dry cleaning and pressing, and bakery with sale of bakery products on the premises and other uses of a similar character.
e. 
Farm machinery and equipment sales and repair.
f. 
Funeral homes or mortuaries.
g. 
Hotels and motels.
h. 
Offices and office buildings.
i. 
Commercial garages and automobile repair shops.
j. 
Automobile service and filling stations, provided that storage tanks are underground.
k. 
Automobile washing, including the use of mechanical conveyors, blowers, and steam cleaning.
l. 
Bicycle and motorcycle repair, sales, and rental.
m. 
Furniture, clothing, retail food, drug, hardware, household appliance, gift and book, sporting goods, photo supply, variety, and similar retail stores.
n. 
Banks, savings and loan, and similar financial institutions.
o. 
Personal service uses, including barber shops, beauty parlors, photographic or artist studios, taxicabs, newspaper or telegraphic service stations, dry-cleaning receiving stations, self-service laundries, and other personal service uses of a similar character.
p. 
Feed and seed stores, florist shops, and greenhouses.
q. 
Restaurants and cafes.
r. 
Theaters, drive-in theaters, assembly halls, and drive-in restaurants, with special use permit.
s. 
Building material yards wholly within an enclosed structure and with no millwork done out of doors.
t. 
Bus passenger terminals.
u. 
Tire sales and service.
v. 
Veterinarian or animal hospital, with special use permit.
w. 
Liquor stores, package goods only.
x. 
General service and repair establishments including dyeing or cleaning works or laundry, plumbing and heating, air conditioning, printing, upholstering, or tinsmithing.
y. 
Any other type of retail store not specifically permitted herein when authorized by the Board of Aldermen after receipt of review and recommendations from the Planning and Zoning Commission.
z. 
Uses customarily incidental to any of the above uses and accessory buildings when located on the same premises.
aa. 
Outdoor advertising structure or non-flashing sign pertaining only to use conducted within the building, and any sign or display in excess of thirty (30) feet in area shall be attached flat against a wall of the building and in no case shall any sign or display project above the roof line.
bb. 
A licensed day-care center, with special use permit in which care is provided to five (5) or more children and which is licensed and authorized to provide such care by the Division of Family Services for the State of Missouri; provided, however, that said facility complies with all State Statutes, rules and regulations covering such day-care homes or centers, and further complies with all such rules, regulations, conditions, precedents and the like imposed upon same by the City of Ironton's Board of Aldermen or Planning and Zoning Commission with the approval of the Board of Aldermen during the acquisition of its special use permit as more fully set forth in Section 402.170 of this Chapter.
cc. 
Signs shall contain only the name of business establishments on the premises, the principal business conducted on the premises or commodities, services or products sold or offered on the premises.
dd. 
Attached signs in excess of thirty (30) square feet in area shall be painted on a vertical surface of the building or attached flat against a wall of the building. An attached sign shall not project more than twelve (12) inches from the building if mounted parallel to the wall and shall not project above the principal roof of a building. Provided further, that attached signs in excess of thirty (30) square feet in area may be permitted if granted by special use permit therefor. The maximum size of any signs permitted by a special use permit in a C-1 Commercial District shall be ninety-six (96) square feet. Further, dependent upon the signage prepared and posted and the requested signage, the Board of Aldermen may grant a special use permit for additional signage on said property so long as said signage is consistent with this Chapter and limited to the identification of the name of the business establishment on the premises, the type of business conducted on the premises, or commodities, services or products sold or offered on the premises.
ee. 
Detached, freestanding non-flashing ground signs or structures located along Highway 21 and Front Street containing not more than one hundred twenty-eight (128) square feet in sign face area [if double-faced, the area of the sign shall be the area of one (1) face of the sign]; provided that any such signs shall not be located within ten (10) feet of any residential district, and not more than one (1) such sign shall be permitted on any lot or tract. Provided further, that such signs exceeding either eight (8) feet in the vertical dimension and/or sixteen (16) feet in the horizontal dimension shall require a special use permit therefor. Any detached sign with the base of the sign face less than ten (10) feet above any adjacent street grade shall be located at least five (5) feet from the property line. Lighting for such signs shall not be arranged so as to create a hazardous condition for passing motorists.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160.
3. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.

Section 402.090 C-2 Central Commercial District Regulations.

[R.O. 2008 §400.090; Ord. No. 380 §9, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the district regulations of the C-2 Central Commercial District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any use permitted in the C-1 General Commercial District, to include restrictions imposed on said district.
b. 
Multiple-family residences.
c. 
Boarding and lodging houses.
d. 
Printing, publishing and engraving.
e. 
Private clubs and lodges.
f. 
Dry-cleaning and pressing establishments, but only if non-flammable solvents, approved by the Fire Department, are used.
g. 
Wholesale merchandising or storage warehouses.
h. 
Laboratories, research, experimental, or testing.
i. 
Theaters and assembly halls, indoor.
j. 
Outdoor advertising sign or structure.
k. 
Accessory buildings and uses.
l. 
Other similar uses when approved by the Board of Aldermen after receipt of review and recommendations from the Planning Commission.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 402.160; however, in this District, parking may be provided on a separate lot if it is within three hundred (300) feet of the business use. Two (2) or more owners may join together in the provision of this parking space.
3. 
Height And Area Regulations. The height and area regulations set forth in Section 402.140 and 402.150 shall be observed.

Section 402.100 C-3 Planned Commercial District Regulations.

[R.O. 2008 §400.100; Ord. No. 380 §10, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the C-3 Planned Commercial District.
B. 
In order to provide for modern retail shopping facilities of integrated design in appropriate locations to serve residential neighborhoods, the C-3 Planned Commercial District is hereby established. Such district shall be laid out and developed as a unit according to an approved plan as provided below so as to accomplish such purpose.
C. 
The owner or owners of any tract of land may submit to the Board of Aldermen a plan for the use and development of all or part of such tract for the purpose of and meeting the requirements set forth in this Section. The plan shall be referred to the Planning and Zoning Commission for study and report. The Planning and Zoning Commission shall then submit its report and recommendations to the Board of Aldermen for its consideration and action. The Planning and Zoning Commission's recommendations shall be accompanied by a report stating the reasons for such recommendations and that the application meets the requirements of the C-3 Planned Commercial District as set forth in this Section. If no report is transmitted by the Planning and Zoning Commission within ninety (90) days of notification, the Board of Aldermen may take action without further awaiting such report, subject to the provisions for public hearings requirement for all ordinance amendments, Section 402.200.
D. 
In order that the purpose of this District may be realized, the land and buildings and appurtenant facilities shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to supervisory lease or ownership control as may be necessary to carry out the provisions of this Section.
E. 
Use Regulations.
1. 
A building or premises shall be used only for the following purposes:
a. 
Retail merchandising establishments.
b. 
Dry-cleaning and pressing establishments, but only if nonflammable solvents, approved by the Fire Department, are used.
c. 
Indoor theaters.
d. 
Parking areas.
e. 
Outdoor advertising sign or structure.
f. 
Other similar uses generally considered as shopping center uses when approved by the Board of Aldermen after receipt of review and recommendations from the Planning and Zoning Commission.
2. 
Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways, and building setbacks and height limitations may be imposed by the Board of Aldermen for the protection of adjoining residential property.
3. 
If required by the Board of Aldermen, the applicant shall file a surety bond to ensure the construction of the shopping center within the period specified by the Board of Aldermen, such period not to exceed three (3) years. No such bond shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to the estimated cost of constructing the shopping center and in a form with surety and conditions approved by the City Attorney. In the event that the shopping center is not constructed, it shall revert to the same zoning classification existing prior to the change to the C-3 District, and the district regulations in force prior to the change to the C-3 District shall thereupon be in full force and effect.
F. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 402.160. Two (2) or more owners may join together in the provision of the parking space.
G. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.

Section 402.110 I-1 Light Industrial District Regulations.

[R.O. 2008 §400.110; Ord. No. 380 §11, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the I-1 Industrial District.
1. 
Use Regulations. A light industrial use is one which creates a minimum amount of nuisance outside the plant; is conducted entirely within enclosed buildings; does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings; provides for enclosed loading and unloading berths; is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises, or vibrations beyond the confines of the building; including, but not limited to the following:
a. 
Any non-residential use permitted in a C Commercial District.
b. 
Any residential use permitted in the R-2 General Residential District, with special use permit only.
c. 
Wholesale merchandising or storage warehouses.
d. 
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
e. 
Storage firms.
f. 
Manufacture or assembly of medical and dental equipment; drafting, optical or musical instruments; watches; clocks; toys; games; and electrical or electronic apparatus.
g. 
Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packing, and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.
h. 
Ice plants.
i. 
Dairies.
j. 
Research and development organizations.
k. 
Sheet metal, welding, and machine shops.
l. 
Cabinetmaking establishments and carpenter shops which use no motors larger than ten (10) horsepower.
m. 
Manufacture or assembly of clothing, shoes, or other wearing apparel.
n. 
Packing establishments.
o. 
Contractor's equipment storage yard or plant.
p. 
Motor freight transportation and warehousing.
q. 
Accessory buildings and uses including accessory signs, advertising structures related to the activity conducted on the premises, but with total sign area not to exceed one hundred (100) square feet.
r. 
Generally those light manufacturing uses similar to those items listed above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, fumes, odors, heat, or glare than that which is generally associated with light industries of the type specifically permitted.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160.
3. 
Height, Area And Bulk Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.
4. 
Buffer Areas. Where industrial uses abut a residential district, an adequate buffer or screen shall be provided to visually screen the industrial use from the residential area. The buffer shall consist of a planting screen of suitable shrubbery maintained at a minimum height of eight (8) feet and being a minimum of eight (8) feet wide, or suitable fencing a minimum of eight (8) feet in height.

Section 402.120 I-2 Heavy Industrial District Regulations.

[R.O. 2008 §400.120; Ord. No. 380 §12, 11-9-1987]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the I-2 Heavy Industrial District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any non-residential use permitted in the I-1 Light Industrial District, excluding uses allowed in the C Commercial Districts.
b. 
Automobile wrecking, cars and parts, storage and sale with a special use permit only.
c. 
Central mixing plants for concrete, mortar, plaster or paving materials.
d. 
Manufacture of clay, stone, and glass products.
e. 
Grain processing.
f. 
Junk and salvage (metal, paper, rags, waste or glass) storage, treatment and bailing with a special use permit only.
g. 
Manufacture or assembly of boats, bolts, nuts, screws, electrical appliances, tools, dies, machinery and hardware products, sheet-metal products and vitreous enameled metal products.
h. 
Office and office buildings incidental to a use allowed in the I-2 District and located within the same district.
i. 
Farming and associated agricultural uses, provided that a special use permit is granted.
j. 
Public buildings and public service facilities.
k. 
Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of a similar nature.
l. 
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and printing and finishing of textiles and fibers into fabric goods.
m. 
Other Uses.
(1) 
Any other use not in conflict with the enacted laws of the State of Missouri or the City of Ironton regulating nuisances, provided that no use emitting or likely to emit substantial amounts of dust, odor, gas, smoke, or noise, and none of the following specific uses, shall be permitted unless approved by the Board of Aldermen after a review and report of the Planning and Zoning Commission subject to such requirements as it may deem necessary to protect adjacent property and prevent objectionable or offensive conditions:
(a) 
Acid manufacture.
(b) 
Distillation of bones.
(c) 
Explosives manufacture or storage.
(d) 
Fat rendering.
(e) 
Fertilizer manufacture.
(f) 
Garbage, offal or dead animal reduction or dumping.
(g) 
Glue manufacture.
(h) 
Stockyards or slaughter of animals.
(i) 
Wholesale storage of gasoline.
(j) 
Any similar use that would be hazardous to the public health, safety or welfare.
(2) 
In authorizing any of the uses in this Subsection (A)(1)(m), there may be imposed such reasonable requirements as to landscaping, screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable or hazardous conditions.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 402.160.
3. 
Height And Area Regulations. The height and area regulations set forth in Sections 402.140 and 402.150 shall be observed.
4. 
Buffer Areas. Where industrial uses abut a residential district, an adequate buffer or screen shall be provided to visually screen the industrial use from the residential area. The buffer shall consist of a planting screen of suitable shrubbery maintained at a minimum height of eight (8) feet and being a minimum of eight (8) feet wide, or suitable fencing a minimum of eight (8) feet in height.

Section 402.130 Non-Conforming Uses.

[R.O. 2008 §400.130; Ord. No. 380 §13, 11-9-1987]
A. 
The lawful use of a building existing on or before November 9, 1987, may be continued even though such use does not conform with the provisions hereof, except that non-conforming use buildings may be enlarged up to fifty percent (50%) of their building area existing November 9, 1987, or at the effective date of any subsequent amendments or changes as a result of which a building becomes non-conforming.
B. 
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 more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts as may be hereafter changed. Whenever a non-conforming use of a building 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.
C. 
When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five percent (65%) of its fair market value, it may only be restored upon the issuance of a permit by the Board of Adjustment as provided in Section 402.190 of this Chapter.
D. 
In the event that a non-conforming use of any building or premises is discontinued, or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
E. 
A non-conforming use occupying only a portion of a building may be extended throughout the building, if the same has been lawfully acquired and actually devoted to such use previous to November 9, 1987, or to any affecting amendments thereof.
F. 
Whenever the use of a building becomes non-conforming through a change in zoning requirements or district boundaries, such use may be continued, and if no structural alterations are made, it may be changed to another non-conforming use of the same or a more restricted classification.

Section 402.140 Height and Area Regulations.

[R.O. 2008 §400.140; Ord. No. 380 §14, 11-9-1987]
The following height and area regulations shall apply to the various districts enumerated.[1]
[1]
Editor's Note: The height and area regulations are included as an attachment to this chapter.

Section 402.150 Height and Area Exceptions and Modifications.

[R.O. 2008 §400.150; Ord. No. 380 §15, 11-9-1987]
A. 
The District Regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the District Regulations appearing elsewhere in this Chapter.
1. 
General Area Exceptions And Modifications.
a. 
Minimum lot area and lot width requirements shall not apply to lots of record as of November 9, 1987. See definition of "lot of record" in Section 402.020 of this Chapter.
b. 
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
c. 
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
d. 
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple-dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided, however, that the open spaces between buildings that are parallel, or within forty-five degrees (45°) of being parallel, shall have a minimum width at the narrowest space of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- and four-story buildings.
e. 
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- and four-story buildings.
f. 
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt courses, cornices, and ornaments and features which are not to exceed twelve (12) inches. The twelve-inch limitation shall apply to commercial and industrial property only.
2. 
Front Yard Exceptions And Modifications.
a. 
Where lots have double frontage, the required front yard shall be provided on both streets.
b. 
An open, unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
c. 
The front yards hereto established shall be adjusted in the following cases:
(1) 
Where fifty percent (50%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have [with a variation of five (5) feet or less] a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.
(2) 
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
(a) 
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
(b) 
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
3. 
Side Yard Exceptions And Modifications.
a. 
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.
b. 
For the purpose of the side yard regulations, a two-family dwelling, or a multiple-family dwelling, shall be considered as one (1) building occupying one (1) lot.
c. 
No side yards are required where dwelling units are erected above commercial or industrial structures.
d. 
Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
e. 
Whenever a lot of record as of November 9, 1987, has a width less than that required for the district in which it is located, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
4. 
Rear Yard Exceptions And Modifications. Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half (3 1/2) feet and where the same are so placed as not to obstruct light and ventilation.
5. 
Accessory Building Exceptions And Modifications.
a. 
No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
b. 
Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than five (5) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
6. 
Height Exceptions And Modifications.
a. 
Public, semipublic, or public-service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
b. 
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.

Section 402.160 Off-Street Parking Regulations.

[R.O. 2008 §400.160; Ord. No. 380 §16, 11-9-1987]
A. 
No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%), or changed in use unless there is provided on the lot space for the parking of automobiles or trucks in accordance with the following requirements:
1. 
Bowling alley: five (5) parking spaces for each alley.
2. 
Business, professional or public office building, studio, bank, medical or dental clinic: three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000) square feet.
3. 
Church: one (1) parking space for each eight (8) seats in the main auditorium.
4. 
College or school: one (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
5. 
Community center, library, museum or art gallery: ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
6. 
Dwellings: one (1) parking space for each dwelling unit.
7. 
Hospital, sanitarium, home for the aged, or similar institution: one (1) parking space for each four (4) beds.
8. 
Hotels and motels: one (1) parking space for each rental unit plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.
9. 
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment: one (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
10. 
Mortuary or funeral home: one (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.
11. 
Private club or lodge: one (1) parking space for every ten (10) members.
12. 
Restaurant, night club, cafe, or similar recreation or amusement establishment: one (1) parking space for each one hundred (100) square feet of floor area.
13. 
Retail store or personal service establishment: one (1) parking space for each two hundred (200) square feet of floor area.
14. 
Rooming or lodging house: one (1) parking space for each two (2) sleeping rooms.
15. 
Sports arena, stadium or gymnasium (except school): one (1) parking space for each five (5) seats or seating spaces.
16. 
Theater or auditorium (except school): one (1) parking space for each five (5) seats or bench seating spaces.
17. 
Planned Commercial District: six (6) parking spaces for each one thousand (1,000) square feet of floor area in the buildings in the project.

Section 402.170 Special Use Regulations.

[R.O. 2008 §400.170; Ord. No. 380 §17, 11-9-1987; Ord. No. 395 §IV, 2-12-1990]
A. 
Subject to the provisions of this Section, the Board of Aldermen of the City of Ironton may, after public hearing before the Board of Aldermen, and after study and report by the City Planning and Zoning Commission, authorize special uses in any district as herein qualified from which the uses are otherwise prohibited based on whether such building or use will:
1. 
Substantially increase traffic hazards or congestion.
2. 
Adversely affect the character of the neighborhood.
3. 
Substantially increase fire hazards.
4. 
Adversely affect the general welfare of the community.
5. 
Overtax public utilities.
6. 
Be in conflict with the Comprehensive City Plan.
B. 
If the Board's finding should be negative to the above, then the application may be granted; if affirmative as to any subject, then such permit shall be denied. In the granting of a special use permit, the Board of Aldermen may impose, and the City Planning and Zoning Commission may recommend, appropriate conditions and safeguards as may be deemed necessary to ensure compliance with the requirements of this Chapter and to protect adjacent property and conserve property values. The Board of Aldermen may also limit the duration of the special use permit and state that it shall be terminated on a certain day unless otherwise renewed. In the event the applicant or person receiving the special use permit fails to fully comply with the conditions and safeguards imposed to ensure compliance with requirements of this Chapter and to protect adjacent property and conserve property values as set forth by the City in the granting of its special use permit, then said special use permit shall be subject to immediate termination by the City.
C. 
The City of Ironton recognizes that family day care is an activity in keeping with the nature and purpose of families and homes within residential areas. A special use permit to operate a day-care home within a residential district or a day-care center within a commercial district shall, therefore, be granted if the applicant complies with the condition precedents and continuing duties as herein set forth.
D. 
Applicants for a special use permit to operate a day-care home of not less than five (5) nor more than ten (10) children in a home within a residential district or an applicant for a special use permit to operate a day-care center for more than five (5) children within a commercial district, shall, as conditions precedent to receiving the special use permit, first comply with each of the following:
1. 
Obtain and maintain a license for same from the Division of Family Services, according to Sections 210.210 to 210.245, RSMo., and 13 CSR 40-61.020 et. seq. of the Missouri Code of State Regulations. The applicant shall provide the City with a copy of said license and shall immediately notify the City in the event said license is suspended, lapses or is terminated. In the event said license is terminated, lapses, is suspended or the applicant fails to comply with State law concerning said day-care home or day-care center, then the applicant's special use permit, if already issued, shall be subject to immediate termination by the City.
2. 
Any and all special conditions or requirements imposed by the Board of Aldermen or the Planning and Zoning Commission with the approval of the Board of Aldermen, including, but not limited to, the following:
a. 
Conformity with any and all plans or drawings which may be submitted by the applicant;
b. 
All special yard, open space, buffer strips, walls, fences, hedges, landscaping, parking or the like which the Board of Aldermen or Planning and Zoning Commission may recommend;
c. 
Take whatever reasonable action may be necessary and recommended by the Board of Aldermen or Planning and Zoning Commission for the limitation of noise; and
d. 
Comply with all the aforesaid condition precedents within a stated period which shall be stated by the Board of Aldermen at the time the special use permit application is submitted and discussed or said application shall otherwise lapse.
E. 
Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments to Section 402.200.
F. 
The following special uses are authorized, providing they comply with all the regulations set forth in this Chapter for the district in which such use is located, except that the Board of Aldermen may permit hospitals and institutions to exceed the height limitations of such district:
1. 
Customary home occupations in A Agricultural or R Residential Districts, including a day-care home.
2. 
Greenhouse or nursery.
3. 
Airports or landing field or strip for aircraft.
4. 
Any R-2 District use in an MH District.
5. 
Two-family dwellings in an R-1 District.
6. 
Replacement of a mobile home that is occupied by the owner and that constitutes a non-conforming use with a newer or improved model mobile home, or placement of a single mobile home in any district for emergency or temporary use only.
7. 
Any C-1 District use in an R-2 District.
8. 
Private educational institutions.
9. 
Drive-in restaurant or theater in C Districts.
10. 
Filling stations in an A, R-1 or R-2 District.
11. 
Commercial, recreational, or amusement development for temporary or seasonal periods.
12. 
Commercial radio tower or broadcasting station.
13. 
Riding stables.
14. 
Sanitary fill for the disposal of garbage or trash.
15. 
Hospitals and institutions of an educational, religious, charitable, or philanthropic nature, and criminal, mental or animal hospitals.
16. 
Cemetery or mausoleum.
17. 
Removal of gravel, topsoil or similar natural materials, with safeguards for the protection of adjoining property and the community as a whole.
18. 
Certain heavy industrial uses as required in Section 402.120.
19. 
Buildings in excess of the height and story requirements set forth in Section 402.140.
20. 
Parking lots on land in R Districts, within three hundred (300) feet from the boundary of any C or I District, provided the following standards are met:
a. 
Ingress and egress to such lot shall be from a street directly serving the commercial, business or industrial district.
b. 
No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas.
c. 
No structures shall be erected on the parking area except as provided for under Subsection (F)(20)(g) hereof.
d. 
No sign shall be erected on the parking area except as approved by the Board of Aldermen.
e. 
Parking areas shall be used for parking patrons, private passenger vehicles only, and no charge shall be made for parking within such premises.
f. 
The parking shall be set back in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard of ten (10) feet.
g. 
The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris.
21. 
All uses for which special use permits are required by other Sections of this Chapter.
G. 
Site Plan Review. The purpose of site plan review is to ensure that the design and layout of certain developments permitted will constitute suitable development and will not result in a detriment to the neighborhood or the environment. All proposals for attached single-family dwelling units are subject to the provisions of this Section, and no attached single-family dwelling units shall be erected or externally enlarged except in conformity with a site plan bearing an endorsement of approval from the Board of Aldermen.
H. 
All applications for site plan review shall be made and processed in the same manner as provided for zoning amendments in Section 402.200. An applicant for site plan review shall file a copy of an application form and a site plan with the Board of Aldermen. Unless this requirement is waived by the Board of Aldermen, the site plan shall be prepared by a registered professional engineer, architect, or landscape architect. The site plan shall include and be accompanied by the following items and information:
1. 
The site plan shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, and landscape features such as fences, walls, planting areas, walks and lighting, both existing and proposed. The site plan shall also show the relation of the above features to adjacent ways and properties. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.
2. 
The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors.

Section 402.180 Enforcement, Applications and Permits.

[R.O. 2008 §400.180; Ord. No. 380 §18, 11-9-1987; Ord. No. 488 §3, 2-8-1999]
A. 
It shall be the duty of the person designated by the Mayor as Zoning Administrator, as defined in Section 402.020, to administer and enforce the regulations contained herein.
B. 
It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure, or any portion thereof, without first having applied in writing to the Zoning Administrator for a building permit to do so and a building permit has been granted therefor.
C. 
Every application for a building permit with respect to the installation of a modular home unit shall have attached thereto an acknowledgement executed by the applicant in accordance with Section 402.030(F)(5) and Exhibit A on file in the City offices. Each building permit issued for the installation of a modular home unit shall be a conditional building permit in that the final installation of the modular home unit shall not be permitted until the applicant's foundation has first been reviewed and approved by the Zoning Administrator after said foundation has, in fact, been installed. Once the foundation has been approved by the Zoning Administrator, the applicant shall be authorized to complete the installation of the modular home unit.
D. 
Blank forms shall be provided by the Zoning Administrator for the use of those applying for permits as provided for in this Chapter. Any permits issued by the Zoning Administrator shall be on standard forms for such purpose and furnished by the City.
E. 
A careful record of all such applications, plans, and permits shall be kept in the office of the Zoning Administrator. The fees to be charged for building permits will be established by the Board of Aldermen.
F. 
Any building permit under which no construction work has been commenced within six (6) months after the date of issue of said permit, or under which the proposed construction has not been completed within two (2) years of the date of issue, shall expire by limitation; and no work or operation shall take place under such permit after such expiration. A building permit may be once extended for a period not exceeding six (6) months by the Zoning Administrator.
G. 
No building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the City of Ironton unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of the Major Street Plan of the City of Ironton, as provided in Sections 89.460 and 89.470, RSMo.

Section 402.190 Zoning Board of Adjustment.

[R.O. 2008 §400.190; Ord. No. 380 §19, 11-9-1987]
A. 
A Board of Adjustment is hereby created. The Board shall consist of five (5) members who shall be residents of the City, appointed by the Mayor and approved by the Board of Aldermen, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year. Members shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B. 
The Board shall elect its own Chairman who shall serve for one (1) year. The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Each session of the Board of Adjustment at which an appeal is to be heard shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City, at least one (1) time seven (7) days prior to the meeting.
C. 
An appeal may be taken to the Board of Adjustment by any person, group or organization, public or private, affected by a decision of the Zoning Administrator. Such appeal shall be taken within such time as prescribed by the Board by general rule, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
D. 
The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Chapter, and may affirm or reverse, in whole or part, said decisions of the Zoning Administrator.
2. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the construction or alteration of buildings or structures or the use of land so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under this Chapter. The Board of Adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property.
3. 
To hold public hearings on and decide the following exceptions to or variations of this Chapter:
a. 
To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership on or before November 9, 1987.
b. 
Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map, where the street layout on the ground varies from the street layout as shown on this Map.
c. 
Permit reconstruction of a non-conforming building otherwise prohibited by Section 402.130 where such action would not constitute continuation of a monopoly.
d. 
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
e. 
Vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the City.
E. 
Decisions of the Board in respect to the above shall be subject to appeal to the Circuit Court of Iron County within thirty (30) days after the filing of the decision in the office of the Board.

Section 402.200 Amendments.

[R.O. 2008 §400.200; Ord. No. 380 §20, 11-9-1987]
A. 
The Board of Aldermen may by ordinance on its own motion or application amend, supplement, charge, modify or repeal the boundaries or zoning designation of districts herein established, under the procedures herein provided.
B. 
Applications for district changes shall be filed in writing with the City Clerk, who shall place the application before the Board of Aldermen after determining that it is in proper form as provided herein. A copy of the application shall remain on file with the City Clerk for public inspection until final action thereon.
C. 
The Board of Aldermen or the City Planning and Zoning Commission may provide forms for applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The Board and the Planning and Zoning Commission may request the opinions and recommendations of other City Boards and Officers upon application.
D. 
Upon receipt of an application in proper form, the Board of Aldermen shall refer it to the Planning and Zoning Commission. The Board of Aldermen may by resolution delegate the duty of such receipt and referral to the City Clerk or similar official. The Planning and Zoning Commission shall return the application to the Board of Aldermen with its recommendations relating thereto and showing the number of votes for and against its action, and may include a summary of the reasons expressed for and in opposition thereto. The Board of Aldermen may set a date by which the recommendation shall be returned, no less than twenty (20) days from the date of such setting, and the Board of Aldermen may proceed without receipt of such recommendations in the absence of receipt by such date.
E. 
The Board of Aldermen may reject an application without referring it to the Planning and Zoning Commission and without publishing a notice of hearing if the application is made within two (2) years of the Board's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract.
F. 
If the Planning and Zoning Commission recommends approval of an application in whole or in part, the Board of Aldermen shall set a public hearing as provided in this Section. If the Planning and Zoning Commission recommends rejection of an application in full, the Board of Aldermen may set a public hearing as provided in this Section upon its own motion; or the Board of Aldermen may by motion file such recommendation of rejection, and the application shall thereupon be deemed rejected unless, within ten (10) days from such filing, the applicant files a written request with the City Clerk for a public hearing under this Section, or makes an oral request therefor at a regular or special meeting of the Board of Aldermen, whereupon the Board of Aldermen shall set such a public hearing. If the Board of Aldermen fails to approve an application in whole or in part within thirty-five (35) days after the public hearing, such application shall be deemed to have been rejected in full, unless the Board of Aldermen shall have expressly extended such time period prior to the expiration thereof.
G. 
The Board of Aldermen may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established, following referral thereof to the Planning and Zoning Commission as provided in this Section.
H. 
No amendment, supplement, or change of the regulations or restrictions or boundaries of districts shall become effective until after the Board of Aldermen has held a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. 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 Ironton. The Board of Aldermen may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings.
I. 
In case of an adverse report by the City Planning and Zoning Commission or if a protest against such proposed amendment, supplement, change, modification, or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
J. 
In its action upon an application for change in district boundaries, the Board of Aldermen may grant a special use permit under Section 402.170 rather than the requested change in district boundaries, or may grant a change to a district which is intermediate in restrictiveness between the existing district and the requested district.

Section 402.210 Violations and Penalties.

A. 
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 City, 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.
B. 
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 an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, 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. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) 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.
C. 
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 and fifty dollars ($250.00).