[R.O. 2004 § 405.440; Ord. No. 2.56 § 2(Art. 5 § 1), 1-9-2001; Ord. No. 2.100 § 2, 7-27-2004; Ord. No. 2.102 § 1, 1-25-2005; Ord. No. 2.110 § 1, 1-10-2006; Ord. No. 2.135 § 2, 4-22-2008]
A.
The Use Table of this Section provides a tabular summary of the land use types allowed within each base zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations of this Article and the zoning district regulations of Article II, the text of the zoning district regulations shall prevail.
1.
Permitted (By Right). Uses identified
in a zoning district column of the Use Table with a "P" are "permitted
by right" and shall be permitted in such zoning district, subject
to such conditional use regulations as may be indicated in the "conditions"
column and all other requirements of this zoning ordinance.
2.
Conditional Uses. Uses identified in a zoning district column of the Use Table with a "C" are "conditional uses" and shall be permitted in such zoning district if reviewed and approved in accordance with the standards of Article IX. Conditional uses shall be subject to such conditional use regulations as may be indicated in the "use standards" column and all other requirements of this zoning ordinance.
3.
Not Permitted. Uses not identified
in a zoning district column of the Use Table as permitted by right
or by conditional use are not allowed in such zoning district unless
otherwise expressly permitted by other regulations of this zoning
ordinance.
[1]
Editor's Note: The Use Table is included as
an attachment to this Chapter.
[R.O. 2004 § 405.450; Ord. No. 2.56 § 2(Art. 5 § 2), 1-9-2001; Ord. No. 2.77 § 1(2 — 7), 2-11-2003; Ord. No. 2.100 § 2, 7-27-2004; Ord. No. 2.104 § 1, 6-28-2005; Ord. No. 2.110 § 1, 1-10-2006; Ord. No. 2.114 § 1, 2-28-2006; Ord. No. 2.135 § 3, 4-22-2008; Ord. No. 2.143 § 1, 4-27-2010; Ord. No. 2.146 § 1, 9-28-2010; Ord. No. 2.147 § 1, 9-28-2010; Ord. No. 2.148 § 1, 3-22-2011; Ord. No. 2.149 § 2, 4-24-2012]
B.
Accessory Uses. Permitted uses and approved
conditional uses shall be deemed to include accessory uses and activities
that are necessarily and customarily associated with and appropriate,
incidental and subordinate to the principal uses allowed in zoning
districts. Accessory uses and activities shall be subject to the same
regulations as apply to principal uses in each district, unless otherwise
stated in this zoning ordinance.
1.
Residential Accessory Uses. Residential
uses shall include, but not be limited to, the following accessory
uses, activities and structures:
a.
Fences and walls.
b.
Garages, carports and off-street
parking and loading areas, provided that a detached garage or carport
shall not cover more than ten percent (10%) of the total lot area.
c.
Gardens, provided that they meet
the required setbacks of the district in which they are located.
d.
Gates and guard houses.
e.
Guest house or guest rooms, neither
of which may include kitchen facilities, provided such facilities
are used for the occasional housing of guests of the occupants of
the principal building and not as rental units for permanent occupancy
as housekeeping units.
g.
Playhouses, patios, cabanas, porches,
gazebos and incidental household storage buildings, provided that
such buildings shall not cover more than ten percent (10%) of the
total lot area.
h.
Radio and television receiving antennas
and support structures.
i.
Recreational and play facilities
for residents.
j.
Storage of recreational equipment
such as boats, boat trailers, camping trailers, converted buses or
trucks, house trailers, provided that storage shall be limited to
private garages, side or rear yards of private homes and in the driveways
of private homes. Stored vehicles or equipment shall not protrude
onto public property or obstruct any sidewalks. Recreational vehicles
or equipment shall not be stored within required off-street parking
spaces. No recreational vehicle shall be used for living or sleeping
purposes while stored on the premises for a period exceeding fourteen
(14) days in a calendar year.
k.
Swimming pools that use the pool
structure for safety barrier shall be at least forty-eight (48) inches
tall from grade. Where the pool structure is used for a barrier, the
ladder must be removed and/or secured when left unattended. If barrier
is used around the ladder, it would be required to be forty-eight
(48) inches tall and not allow a four-inch sphere to pass through.
If these requirements are not met, a forty-eight-inch barrier is required
consisting of wood, chain link, or masonry around the pool for a minimum
of forty-eight (48) inches from the structure. The barrier is required
to be at least forty-eight (48) inches from any edge of an in-ground
pool and not allow a four-inch sphere to pass through the barrier.
[Ord. No. 2.195, 7-23-2019]
l.
Storm shelters and fallout shelters.
m.
Other necessary and customary uses
determined by the Zoning Administrator to be appropriate, incidental
and subordinate to the principal use on the lot, subject to compliance
with any development and performance standards imposed by the Zoning
Administrator to ensure land use compatibility.
2.
Non-Residential Accessory Uses. Non-residential
uses shall include, but not be limited to, the following accessory
uses, activities and structures:
a.
Cafeterias, dining halls and similar
food services when operated primarily for the convenience of employees,
residents, clients or visitors to the principal use;
b.
Dwelling units, other than manufactured
homes, when used or intended to be used for security or maintenance
personnel;
c.
Dwelling units located within a commercial
structure in any business or industrial district so long as the dwelling
units comply with the IBC mixed use occupancy regulations last adopted
by the Board of Aldermen, subject to any limitations in Section 67.281,
RSMo.;
d.
Fences and walls;
e.
Gates and guard houses;
f.
Offices for allowed business and
industrial uses when the office is located on the same site as the
principal use;
g.
Parking garages and off-street parking
areas;
h.
Radio and television receiving antennas
and support structures;
i.
Restaurants, newsstands, gift shops,
swimming pools, tennis courts, clubs and lounges when in a permitted
hotel, motel or office building;
j.
Sales of goods produced as a part
of allowed industrial activities when on the same site as the principal
industrial use;
l.
The storage of merchandise when located
within the same building as the principal business; and
m.
Other necessary and customary uses
determined by the Zoning Administrator to be appropriate, incidental
and subordinate to the principal use on the lot, subject to compliance
with any development and performance standard imposed by the Zoning
Administrator to ensure land use compatibility.
3.
Accessory Use Development And Operational
Standards. The following standards shall apply to all accessory uses
and structures unless otherwise specifically provided.
a.
Exterior Setback. No accessory structure
shall be located within a required exterior setback.
b.
Interior (Rear) Setback. Accessory
structures shall not be required to comply with the interior (rear)
setback standard that applies to principal uses. Permanent, non-movable
structures shall be set back at least eight (8) feet from real lot
lines and shall not be closer to the side lot line than the applicable
minimum interior (side) setback. Movable structures shall be set back
as least three (3) feet from the interior (rear) lot line.
[Ord. No. 2.202, 6-22-2021]
c.
Interior (Side) Setback. No permanent,
non-movable accessory structure shall be located within a required
interior (side) setback. Movable accessory structures shall be set
back three (3) feet from the interior (side) lot line.
[Ord. No. 2.184 § 1, 11-22-2016; Ord.
No. 2.202, 6-22-2021]
d.
Setbacks From Easements. No accessory
structure shall be located within any platted or recorded easement
or over any known utility.
e.
Height. No accessory structure shall
exceed the maximum height standards of the underlying district unless
specifically authorized.
f.
Building Separation. Unless attached
to the principal structure, accessory structures shall be located
at least five (5) feet from any other structure. Moveable accessory
structures may be located within five (5) feet of another structure.
[Ord. No. 2.184 § 2, 11-22-2016]
g.
Building Coverage. No detached accessory
structure shall cover more than ten percent (10%) of the total lot
area. Accessory buildings and structures shall be included in the
calculation of total building coverage.
h.
Fences that include barbed wire or
electrification shall require a special use permit.
C.
Concentrated Feeding Operation Standards.
The site plan review procedures should be used to assure compliance
with all MDNR requirements to protect against water contamination
from feedlots. All proposed concentrated feeding operations that are
designed to accommodate Class I and Class II concentrations of animal
units should be subject to site plan review. The site plan submittal
should demonstrate how the following conditions are met:
1.
All wastes from a concentrated animal
feeding operation should be controlled so that there is no discharge
of waste (including stormwater runoff that comes in contact with animal
waste) from the property and no discharge of wastes, directly or indirectly,
to surface or subsurface waters, including sinkholes, dry stream beds,
flowing streams, wet weather tributaries and drainage ditches.
2.
The no-discharge requirements of
the MDNR, Division of Environmental Quality, under the Missouri Clean
Water Law should be met.
3.
A copy of the MDNR "Letter of Approval,"
if required, should be submitted with the site plan review.
4.
Separation requirements of the MDNR
for concentrated feeding operations should be met.
|
Such reviews should be placed as
an item on the regular meeting schedule of the Planning and Zoning
Commission. A notice of the meeting should be sent to landowners in
the notification area as prescribed by the MDNR rules.
|
D.
Adult Entertainment Establishment.
1.
Separation From Other Uses. No adult
entertainment establishment shall be permitted within one thousand
two hundred (1,200) feet of any "R-1," "R-2," "R-3" or "MP" zoned
lot or within one thousand two hundred (1,200) feet of any religious
assembly, school or park and recreation use. This separation distance
shall be measured as a straight line, without regard to intervening
properties, from the nearest exterior wall of the adult entertainment
establishment to the nearest lot line of the lot that is zoned "R-1,"
"R-2," "R-3" or "MP" or that contains a religious assembly, school
or park and recreation use.
2.
Separation From Other Adult Entertainment
Establishments. No adult entertainment establishment shall be allowed
to locate or expand within one thousand (1,000) feet of any other
adult entertainment use or within one thousand (1,000) feet of any
bar or tavern.
3.
Access. All access to and from the
adult entertainment establishment shall be provided from a thoroughfare
street.
4.
Frontage. The lot on which such use
is located shall have at least one hundred (100) feet of street frontage.
5.
Screening. The lot on which the use
is located shall be screened by solid masonry wall at least six (6)
feet in height along all interior lot lines.
6.
Building And Parking Area Setbacks.
The building in which the establishment is located and the off-street
parking serving the establishment shall be set back at least twenty
(20) feet from the front lot line and at least ten (10) feet from
all side and rear lot lines.
7.
Windows And Doors. The building in
which the adult entertainment establishment is located shall be designed
in such a fashion that all openings, entries and windows prevent views
into such establishments from any sidewalk, walkway, street or other
public area. Further, no merchandise or pictures of products or entertainment
on the premises shall be displayed in window areas or any area where
such merchandise or pictures can be viewed from the sidewalk in front
of the building. No adult entertainment activity shall take place
outside the building containing the adult entertainment establishment.
8.
Signs. Adult entertainment establishments
shall be limited to one (1) wall-mounted sign no greater than one
(1) square foot of sign per linear foot of wall length, not to exceed
a total of fifty (50) square feet. The sign shall not flash, blink
or move by mechanical means and shall not extend above the roof line
of the building. No flashing lights or lighting that gives the impression
of motion or movement shall be permitted.
9.
Parking Area Lighting. Lighting of
parking areas that serve an adult entertainment establishment shall
provide a minimum light level of twenty-five hundredths (0.25) footcandles
over the entire parking area, but in no point shall the light level
exceed three (3) footcandles, nor shall any increase in light levels
or visible glare be permitted at the lot line.
E.
Bed-And-Breakfast. Bed-and-Breakfast establishments
shall be conditionally permitted in the following Zoning Districts:
"A-R," "R-1," "R-2," "R-3," "MP," "B-2" and "B-3." The following requirements
shall apply to all bed-and-breakfast establishments.
1.
Owners/operators shall possess a
current license or approval from Lawrence County and provide a copy
of the most recent inspection report done by the Lawrence County Health
Department or Missouri Department of Health and Senior Services.
2.
Off-street parking shall be provided pursuant to Article IV, Off-Street Parking and Loading Regulations, and Article V, Landscaping, Screening, and Buffering Regulations, as follows:
a.
Two (2) off-street parking spaces
with one (1) additional off-street parking space per lodging room
shall be provided for overnight guest, residents, and/or employees
of bed-and-breakfast establishment.
b.
Off-street parking spaces shall comply with the following provisions of Section 405.330:
(1)
Area. A required off-street
parking space shall be at least eight (8) feet six (6) inches in width
and at least nineteen (19) feet in length, exclusive of access driveways
or aisles, ramps and columns.
(2)
Access. Each required
off-street parking space shall open directly upon an aisle or driveway
of such width and design as to provide safe and efficient means of
vehicular access to such parking space.
(3)
Design. Off-street parking
spaces shall comply with the design standards relating to curb length,
stall depth, island width, barriers and ingress and egress.
(4)
Surfacing. All open
off-street parking, loading areas and driveways be graded and improved
with all-weather material such as gravel, chip and seal, asphalt or
concrete.
(5)
Lighting. Any lighting
used to illuminate off-street parking and loading areas shall be directed
away from residential properties in such a way as not to interfere
with adjacent residential uses.
c.
A transition buffer will be required and specifically addressed in the conditional use permit. See Section 405.410.
d.
Signage. One (1) business sign of
twelve (12) square feet is allowed, and it may be illuminated so long
as illumination doses not interfere with adjacent residence. Signage
is limited to one (1) detached sign or one (1) wall sign only. Comer
lots are limited to one (1) sign of either type.
F.
Cemeteries, Crematories And Mausoleums.
The following standards shall apply to cemeteries, crematories and
mausoleums.
1.
Entrances. All cemeteries, crematories
and mausoleums shall provide entrances on an arterial or collector
street with ingress and egress so designed as to minimize traffic
congestion.
G.
Convalescent Care. At least seventy (70)
square feet of usable open space shall be provided for each patient
bed. This required open space may be designed to provide outdoor space
for recreational activities or landscaped outdoor sitting areas.
H.
Day Care (Limited, General And Commercial).
All day cares are subject to licensing as listed below for each category.
See definitions for number of children allowed in each category.
1.
Day Care, Limited. Limited day care uses shall be conducted in a single-family or two-family dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and shall be subject to the home occupation provisions of Subsection (K) of this Section.
2.
Day Care, General.
a.
State Licensing. General day care
uses shall be licensed by the State of Missouri and shall meet all
City, County and State Health Department requirements pertaining to
facilities, equipment and other features.
b.
Residential Districts. In the "A-R,"
"R-1," "R-2," "R-3" and "M-P" residential districts, general day care
uses shall be conducted in a single-family or two-family dwelling
unit that is occupied as a permanent residence by the licensed day
care provider, except that an assistant may provide care during necessary
absences of the regular day care provider.
3.
Day Care, Commercial.
a.
State Licensing. Commercial day care
uses shall be licensed by the State of Missouri and shall meet all
City, County and State Health Department requirements pertaining to
facilities, equipment and other features.
b.
Vehicle Dropoff Area. An off-street
loading zone capable of holding one (1) car per ten (10) individuals
cared for shall be provided, in addition to the required parking area,
in order to provide for easy pickup and discharge of passengers.
I.
Golf Courses.
1.
Location Of Restaurants. Facilities
such as restaurants and bars shall be allowed when an integral part
of a principal clubhouse building, provided there is no exterior display
or advertising for the restaurant or bar.
2.
Location Of Recreational Facilities.
Buildings, swimming pools, tennis courts and similar recreational
facilities shall be set back at least twenty-five (25) feet the property
line of any "R-1" or "R-2" zoning district.
J.
Group Home (Limited Or General). Group
homes shall be subject to the following standards only when located
in a "R-1," "R-2," "R-3" or "M-P" District.
1.
Spacing. A group home to be located
within a residential zoning district shall not be located within five
hundred (500) feet of another group home, measured as the shortest
distance between any portion of the structure in which persons reside.
2.
Exterior Appearance. There shall
be no alteration of the exterior of the group home that shall change
the character thereof as a single-family residence. There shall be
no alteration of the property on which the group home is located that
will change the character thereof as property within a single-family
dwelling district.
3.
Neighborhood Character. A group home
constructed in a "R-1" or "R-2" District shall be constructed to be
compatible with the architectural character of the neighborhood in
which it is located.
K.
Home Occupations. Home occupations shall
be permitted in all districts permitting dwellings.
1.
Restrictions And Limitations.
a.
If located within the principal residence,
the home occupation shall be incidental and subordinate to the residential
use of the premises and not occupy more than twenty-five percent (25%)
of the floor area of any one (1) floor of a dwelling unit. If located
within an attached garage or other similar area, the area occupied
shall be limited to fifty percent (50%) of the living area of the
principal residence. If located within a detached accessory structure,
it shall be limited to only that one (1) accessory structure which
shall not exceed ten percent (10%) of the total lot area.
b.
All materials or equipment used in
the home occupation shall be stored within an enclosed structure.
c.
No alteration of the exterior of
the principal residential structure shall be made which changes the
character thereof as a dwelling.
d.
No sign shall exceed twelve (12)
square feet, shall not be illuminated and shall be placed flat against
the main wall of the principal residential structure or as a detached
sign located no closer to the street than one-half (1/2) the distance
from the building to the front property line.
e.
No person shall be engaged in such
home occupation other than a person occupying such dwelling unit as
his/her residence and not more than one (1) full-time equivalent,
non-resident employee.
f.
No equipment shall be utilized that
creates a nuisance due to noise, odor, emissions or electrical interference.
g.
No traffic shall be generated by
the activity of the home occupation that is abnormal to a residential
neighborhood.
2.
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, certain occupations that do not depend upon on-site commerce and include the following list of occupations; provided, however, that each listed occupation is subject to the requirements of Subsection (K)(1)(a) through (g):
a.
Art, dancing and music schools provided
that instruction is limited to five (5) pupils at one time.
b.
Barber shops and beauty parlors but
not more than two (2) chairs per residence.
c.
Ministers, rabbis, priests and other
religious leaders.
d.
Professional offices for architects,
engineers, planners, lawyers, accountants, bookkeepers and similar
professions.
e.
Offices for realtors, insurance agents,
brokers, sales representatives and manufacturing representatives when
no exchange of tangible goods is made on the premises.
f.
Watch, clock and jewelry repair services.
g.
Radio, television, phonograph, recorder
and small appliance repair services.
h.
Music teachers provided that instruction
shall be limited to five (5) pupils at a time.
i.
General day care uses and limited day care uses subject to the provisions of Subsection (H) of this Section.
j.
Home crafts and hobbies such as model
making, rug weaving, lapidary work, cabinet making, etc.
k.
Tailoring, alterations and seamstresses.
l.
Tool sharpening and filing.
m.
Services not dependent on client
visits to the site such as computer-assisted services and graphic
design.
3.
Particular Home Occupations Prohibited.
Permitted home occupations shall not in any event include the following:
a.
Antiques — retail.
b.
Funeral services.
c.
Groceries — retail.
d.
Secondhand merchandise — retail.
e.
Equipment rental.
f.
Automobile and other motor vehicle
repair services.
g.
Physicians.
h.
Dentists.
i.
Chiropractors.
j.
Restaurants.
k.
Stables or kennels.
l.
Tourist home.
m.
Renting of trailers or equipment.
4.
Garage Sales And Yard Sales.
[Ord. No. 2.200, 10-27-2020]
a.
Definitions. A garage sale or a yard sale is the sale of antiques,
dry goods, goods, wares, merchandise or articles of personal property
offered to the public at a single-family, two-family, multi-family
residence.
b.
Duration And Hours. It shall be unlawful to conduct a garage sale
or yard sale of longer than three (3) days duration. Sales shall be
held within the hours of 7:00 a.m. to 7:00 p.m.
c.
Maximum Number Of Sales. It shall be unlawful for an individual or
members of one residence to conduct more than six (6) garage or yard
sales per year.
d.
Advertising Signs. Any sign erected or placed advertising such garage
sale or yard sale shall be placed no more than one (1) day before
the sale and shall be removed on or before the last day of the sale.
The person(s) conducting the sale shall be liable for violations of
this Subsection.
e.
Display. No goods offered for sale shall be displayed for sale on
any public street right-of-way.
L.
Hospitals. Hospitals and charitable institutions
shall provide entrances on arterial or collector streets only with
ingress and egress so designed as to minimize traffic congestion.
M.
Kennel. A kennel shall be located no closer
than fifty (50) feet to another dwelling, including outside runs,
and shall contain at least one (1) fully enclosed shelter for each
animal or animals and provide an exercise area.
N.
Landfills And Mining And Quarrying. Landfills
and mining and quarrying uses shall be subject to the following standards.
1.
Minimum Site Area. A minimum site
area of thirty-five (35) acres shall be required.
2.
Entrances. There shall be no more
than one (1) entranceway from a public street for each six hundred
sixty (660) feet of street frontage. A traffic study shall be required.
3.
Hours Of Operation. Uses shall not
operate before sunrise or after sunset if located within one thousand
(1,000) feet of a "R-1," "R-2," "R-3" or "MP" zoned property.
4.
Separation From Residential. No digging
or excavating shall occur within one hundred (100) feet of any lot
line or within three hundred (300) feet of the lot line of a "R-1,"
"R-2," "R-3" or "MP" zoned property.
5.
Paving. All roads, driveways, parking
lots and loading and unloading areas within five hundred (500) feet
of any lot line shall be graded and paved with an approved concrete
or asphalt/concrete surface as to limit adjoining lots and public
roads the nuisance caused by wind-borne dust.
6.
Slopes. The slope of material in
any excavation shall not exceed the normal angle of repose of fifty-five
degrees (55°), whichever is less.
7.
Buffers And Fences. When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30°), there shall be erected a fence of not less than six (6) feet in height, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences. A buffer shall be provided around the site pursuant to Article V.
8.
Stormwater Management. A stormwater
management plan shall be required.
9.
Site Restoration. The following restoration
requirements shall apply to all excavation uses, provided that landfills
shall, instead, be subject to State and Federal requirements.
a.
Restoration Plan. Before approval
of a conditional use permit for an excavation use, the operation shall
submit to the Zoning Administrator a detailed plan for restoration
of the site, including information on the anticipated future use of
the restored land, existing and proposed final contours with an interval
of no more than five (5) feet. The plan shall include type and number
per acre of trees or shrubs to be planted and the location of future
roads, drives, drainage courses or other improvements contemplated.
b.
The restoration plans shall be filed
with and approved by the Planning and Zoning Commission before quarrying
or removal operations begin. The plans shall be prepared by a soil
or geological engineer.
c.
Bonds. Before the issuance of any
conditional use permit, the owner shall execute a bond sufficient
to ensure restoration of the site in accordance with the approved
restoration plan. Such bonds shall also be approved by the Board of
Aldermen as to form, sufficiency and manner of execution and shall
run for the same term as the term of the conditional use permit and
any renewals.
d.
Water Quality. In restoration, no
filling operations shall be permitted which will likely result in
contamination of ground or surface water or soils, through seepage
of liquid or solid waste or which will likely result in the seepage
of gases into surface or subsurface water or into the atmosphere.
e.
Appearance. The restoration plan
shall provide that all areas within any single development be rehabilitated
progressively as they are worked out or abandoned to a condition of
being entirely lacking in hazards, inconspicuous and blended with
the general surrounding ground form so as to appear reasonably natural
or they shall be restored pursuant to an approved restoration plan.
f.
Top Soil And Fills. Where topsoil
is removed, sufficient arable soil shall be set aside for reclamation
of the premises and shall be respread over the premises after the
operation. The area shall be brought to final grade by a layer of
earth of two (2) feet or original thickness, whichever is less, capable
of supporting vegetation. The area shall be seeded or sodded in a
manner approved by the Planning and Zoning Commission. Fill shall
be of a suitable material approved by the Planning and Zoning Commission.
10.
City, County, State And Federal Standards.
All operations shall be licensed if required, have proper permits
from the Missouri Department of Natural Resources and shall meet all
City, County and Federal Health Department requirements pertaining
to facilities, equipment and other features.
O.
Manufactured Home Residential Design. The
following standards shall apply to all manufactured home residential
design dwellings.
1.
The manufactured home shall have
minimum dimensions of twenty-two (22) feet in width and forty (40)
feet in length;
2.
The pitch of the roof of the manufactured
home shall have a minimum vertical rise of four (4) feet for each
twelve (12) feet of horizontal run and the roof finished with a type
of shingle that is commonly used in standard residential construction
in the City;
3.
All roof structures shall provide
an eave projection of no less than twelve (12) inches, exclusive of
any guttering;
4.
The exterior siding shall consist
of vinyl or metal horizontal lap siding (whose reflectivity does not
exceed that of low luster white paint), wood or hardboard comparable
in composition, appearance and durability to the exterior siding commonly
used in standard residential construction in the City;
5.
The manufactured home shall be set
up in accordance with the recommended installation procedures of the
manufacturer and the standards set by the National Conference of States
on Building Codes and Standards and published in "Manufactured Home
Installations, 1987" (NCS BCS A225.1) and a continuous, permanent
masonry foundation or masonry curtain wall or poured concrete wall,
unpierced except for required ventilation and access, is installed
under the perimeter of the residential design manufactured home;
6.
Stairs, porches, entrance platforms,
ramps and other means of entrance and exit to and from the home shall
be installed or constructed in accordance with the standards set by
the building code and attached firmly to the primary structure and
anchored securely to the ground; and
7.
A residential design manufactured
home, when installed, shall have substantially the same appearance
of an on-site, conventionally built, single-family dwelling.
P.
Manufactured Homes. All manufactured homes
in the "MP" District shall be anchored in conformance with the regulations
of the Missouri Public Service Commission.
Q.
Multifamily. Multifamily land uses are
allowed in the "B-2" District provided they are located on the second
floor of a commercial building. All other multifamily development
shall be subject to the following design guidelines and standards:
1.
Site Plan Review. Multifamily development shall be subject to site plan review requirements and procedures of Article X.
2.
Natural Features And Environment.
Each site should be designed to preserve natural features and environmental
resources such as:
3.
Cut And Fill. Excessive cut and fill
are unacceptable. The site plan should preserve the natural topography
of the site.
4.
Pedestrian Circulation. Pedestrian
circulation systems (sidewalks, walkways and paths) shall be located
and designed to provide physical separation from vehicles along all
public and private streets and within any parking area.
5.
Building Separation. All buildings
shall be separated by a minimum distance of fifteen (15) feet.
6.
Lot Coverage. Each site plan should
be designed to reflect unique site characteristics and strong neighborhood
environments without overcrowding the site.
7.
Access. All multifamily residential
developments must have direct vehicular access to collector, arterial
or higher classification streets. Multifamily residential development
shall not take access to local streets.
8.
Open Space. Open space should be
provided to meet active and passive use requirements of the neighborhood.
a.
At least ten percent (10%) of the
total site area shall be set aside as common open space. The common
open space areas shall be suitable for active or passive recreational
use. Common open space areas should be centrally placed within the
neighborhood. Common open space may include pools, tennis courts and
tot lots. Common open space may not be counted toward nor located
in required zoning district setbacks.
b.
A minimum of sixty (60) square feet
of private open space shall be provided for each ground-level dwelling
unit and each dwelling unit that is accessible from a walkout basement.
Private areas should allow only limited access and be enclosed to
ensure privacy. Private areas typically include yards, balconies and
patios.
9.
Building Clustering. Unusable and
unassigned open space surrounding buildings should be reduced by clustering
buildings. Buildings should be clustered around a central common area
and not have the primary orientation directed toward the parking area.
10.
Building Orientation.
11.
Vehicular Circulation And Parking.
a.
Street Layout. The layout of streets
should provide for safe operation of vehicles within the neighborhood.
Excessively straight and wide streets encourage high speed traffic
and should be avoided. Curvilinear designs, reduced street widths
and culs-de-sac create stronger neighborhood environments.
b.
Parking Area Layout. Double-loaded
parking areas along private streets or drives are generally not acceptable.
Parking areas should be clustered and separated from the street.
c.
Parking Enclosures. Parking enclosures
should be designed and sited so as to compliment the primary structures
and to provide visual relief from extensive pavement area.
12.
Pedestrian Circulation.
a.
Pedestrian Linkages. Pedestrian access
should be designed to provide reasonable linkages of dwelling units
to neighborhood facilities such as recreation, services, mail and
parking.
b.
Landscaping Details. Pedestrian systems
should incorporate landscaping details to increase the visual interest
and character of the neighborhood.
c.
Landscaping. Landscaping should be
designed in sufficient form, quantity and location to reduce, to the
greatest extent possible, negative impacts affecting the site and
adjacent properties and to increase the sense of neighborhood scale,
character and identify.
d.
Architectural Design. The architecture
of multifamily housing is a key element in determining the character
of a neighborhood. The architecture should create a strong feeling
of identity through design principles of scale, harmony, rhythm and
balance.
e.
Elongated sites with rectangular,
double-loaded building footprints should be avoided. These design
typically lack interest and fail to create a strong sense of neighborhood.
f.
The architectural design of each
unit or building should impart a feeling of neighborhood scale. Units
should be designed with vertical and horizontal offsets to break up
roof lines, define private outdoor areas, allow greater views and
admit light and air to unit interiors. Large, blank wall surfaces
should be avoided. Windows and projecting wall surfaces should be
used to break up larger wall surfaces and establish visual interest.
g.
The same level of architectural design
and quality of materials should be applied to all sides of the building.
The side and rear elevations, garages, carports and all accessory
structures should maintain the same level of design, aesthetic quality
and architectural compatibility.
h.
Screening from the street of all
outdoor refuse areas, ground-mounted mechanical equipment, utilities
and banks of meters shall be provided. The screening of these items
is to be architecturally compatible with the major building components
and may include landscaping.
R.
Recreation And Entertainment, Outdoor.
Outdoor recreation and entertainment uses shall be located on arterials
or collectors. Public activity areas shall be located at least two
hundred (200) feet from any adjacent "R-1," "R-2," "R-3" or "MP" zoning
district.
S.
Recreational Vehicle Parks. Recreational
vehicle parks shall be permitted subject to the following conditions:
1.
The site selected for recreational
vehicle parks shall be well drained and primarily designed to provide
space for short-term occupancy to the traveling public. Location of
the site may not necessarily front on a major roadway or thoroughfare,
but it shall be directly accessible to the major roadway by means
of a private road or public road that it has frontage on. Short-term
occupancy shall not exceed thirty (30) days, except as approved by
the Zoning Administrator.
2.
Minimum tract size shall be two (2)
acres and shall be in one (1) ownership.
3.
The maximum number of recreational
vehicle spaces allowed within the permitted districts shall not be
more than twenty (20) per acre. Consideration shall be given to whether
the recreational vehicle park and the density level are designed accordingly.
The densities of overnight use may be higher than destination type
since it primarily serves as a short stopping point while the destination
type recreational vehicle park located at or near a scenic historical
or outdoor recreational area provides for longer and extended stays
of several days or weeks.
4.
Minimum width of a recreational vehicle
space shall be twenty-five (25) feet. The space shall be so designed
to provide space for parking both a travel trailer and towing vehicle
off the roadway. No travel trailer unit shall be closer than ten (10)
feet to any other adjacent unit, structure or roadway and all spaces
shall have direct access to the roadway. No unit shall be placed closer
than thirty (30) feet to any of the development property lines and
the ten (10) feet nearest the property line shall be permanently maintained
as a sodded and/or landscaped area.
5.
A central office or convenience establishment
with an attendant shall be provided within the recreational vehicle
park to register guests and provide service and supervision to the
camp for camps in excess of five (5) acres.
6.
The applicant for a recreational
vehicle park shall submit a development plan to the Planning and Zoning
Commission for approval. Such plan shall contain the information as
required below and any other information the Board reasonably shall
deem necessary to fully evaluate the proposed development. The applicant
shall submit the information on a sheet size not to exceed twenty-four
by thirty-six (24 x 36) inch dimensions as a proposed development
plan showing:
a.
General layout of development with
dimensions, depths, number of spaces and related sanitation accommodations.
b.
Parking area location, sizes and
capacity.
c.
Ingress and egress points for the
project.
d.
Use of structures.
e.
General layout of typical recreational
vehicle space showing size of space and proposed improvements.
f.
Layout of roadway within the camp.
g.
Net density of proposed project,
expressed in terms of units per acre.
h.
General landscaping plan indicating
all new and retained plant material to be incorporated within the
new development and layout of outdoor lighting system.
i.
Plan and method of sewage disposal
and water supply.
j.
Location plan and number of proposed
sanitary conveniences, including proposed toilets, washrooms, laundries
and utility areas.
k.
The development shall provide a general
refuse storage area or areas that shall be provided with a paved concrete
surface and shall be enclosed to screen it from view.
7.
The recreational vehicle parks shall
be planned and constructed in accordance with the minimum standards
as established in this Section and as outlined below:
8.
All parking areas and roadways shall
be constructed and paved with a hard surface bituminous or concrete
material.
T.
Auditorium Or Stadium. Any parking area
used for the overnight parking of buses and vehicles shall be located
at least one hundred (100) feet from the lot line of a lot zoned "R-1,"
"R-2," "R-3" or "MP." Any such parking area shall be screened from
view of adjacent "R-1" or "R-2" Districts by a landscape buffer as
approved by the Planning and Zoning Commission.
U.
Salvage Yards. The following standards
shall apply to salvage yards, scrap and waste material storage yards,
auto wrecking and junk yards.
1.
Separation From Residential. No salvage
yard shall be located within three hundred (300) feet of a "R-1,"
"R-2," "R-3" or "MP" zoning district.
2.
Screening. The operation shall be
conducted wholly within a non-combustible building or within an area
surrounded on all sides by a fence or wall at least six (6) feet in
height. The fence or wall shall be of uniform height, uniform texture
and color and shall be so maintained by the proprietor as to insure
maximum safety to the public, obscure the junk from normal view of
the public and preserve the general welfare of the neighborhood. The
fence or wall shall be installed in a way that retains all scrap,
junk or other materials within the yard. Scrap, junk or other salvaged
materials shall be piled or stored so that they are not visible from
outside the fenced in area and do not exceed the height of the enclosing
fence or wall.
3.
Loading/unloading. No junk shall
be loaded, unloaded or otherwise placed either temporarily or permanently
outside the enclosed building, fence or wall or within the public
right-of-way.
V.
Single-Family Detached Residences — Minimum
Size. Single-family detached development shall be subject to the standards
of the underlying zoning district, as modified by the following standards.
1.
Minimum Structure Size. Each single-family
detached dwelling unit shall contain no less than the following square
footage:
a.
"R-1" District. One thousand forty
(1,040) square feet.
b.
"R-2" District. One thousand forty
(1,040) square feet.
c.
"R-3" District. One thousand forty
(1,040) square feet.
d.
The minimum square footage of single-family
detached residences on non-conforming lots in subdivisions platted
before 1970 shall be determined during and as a part of the site plan
review.
[Ord. No. 2.168 § 1, 6-24-2014]
W.
Solid Waste Collection/Processing Facilities.
The following standards shall apply to solid waste collection/processing
facilities.
1.
Screening. The operation shall be
conducted wholly within a non-combustible building or within an area
surrounded on all sides by a fence or wall at least eight (8) feet
in height. The fence or wall shall be of uniform height, uniform texture
and color and shall be so maintained by the proprietor as to insurance
maximum safety to the public, obscure the junk from normal view of
the public and preserve the general welfare of the neighborhood. The
fence or wall shall be installed in a way that retains all scrap,
junk or other materials within the yard. No scrap, junk or other salvaged
materials may be piled so to exceed the height of this enclosing fence
or wall.
2.
Traffic Circulation. The operation
shall provide entrances on arterial or collector streets only with
ingress and egress so designed as to minimize traffic congestion.
There shall be enough room on-site to accommodate peak traffic volume
and company vehicles. A traffic analysis shall be required.
a.
Storage Bins. Storage bins or trailers
will be allowed to be stored on-site as an ancillary use, providing
they are durable, covered and meet the same setbacks required for
the structure on the site. The bins shall be screened as part of the
operation.
b.
Loading/unloading. No solid waste
or junk shall be loaded, unloaded or otherwise placed either temporarily
or permanently outside an enclosed building, fence or screened area
or within the public right-of-way, except the use of storage bins
placed on the outside an enclosed building for recycling. The operation
shall be attended on days of operation to maintain the property in
a clean, litter free condition.
c.
Separation For Residential. No structures
shall be located within three hundred (300) feet a "R-1," "R-2," "R-3"
or "MP" zoned property.
d.
Hours Of Operation. Uses shall not
operate before sunrise or after sunset if located within one thousand
(1,000) feet of a "R-1," "R-2," "R-3" or "MP" zoned property.
e.
Paving. All roads, driveways, parking
lots and loading/unloading areas within five hundred (500) feet of
any lot line shall be graded and paved with an approved concrete or
asphalt/concrete surface.
f.
Stormwater Management. A stormwater
management plan may be required at the discretion of the City Engineer.
g.
Other Regulations. All operations
shall be licensed if required, have proper permits from the Missouri
Department of Natural Resources and shall meet all City, County, State
and Federal Health Department requirements pertaining to facilities,
equipment and other features.
h.
Time Limit And Renewal Of Conditional
Use Permit. The conditional use permit shall be effective for one
(1) year, at which time it may be renewed in accordance with procedures
applicable to the original approval. If renewed, a new time limit
on the conditional use permit shall be established at the public hearing.
The conditional use permit shall be revoked by the Zoning Administrator
if it is determined by the Zoning Administrator that the use is creating
a nuisance for nearby residents or businesses or is failing to comply
with the conditions imposed on the operation.
X.
Temporary Uses. Activities, sales and/or
services conducted outside of the principal building or use area on
a zoning lot, subject to restrictions contained herein:
1.
Typically allowed temporary uses
requiring a permit:
a.
Food sales (food preparation facilities
will be subject to Lawrence County Health Department rules);
b.
Arts and crafts;
c.
Sales of dry goods;
d.
Exhibits, displays or demonstrations
of services, materials or equipment not designated as prohibited by
this Section or any other provision of the City Code.
e.
Events such as Walk for Life, Pet Walk, Celebrate Recovery and
events at the Mount Vernon Arts and Recreation Center (MARC) where
vendors are allowed to have booths.
[Ord. No. 2.191, 7-10-2018]
3.
Restrictions concerning permitted
uses:
[Ord. No. 2.191, 7-10-2018]
a.
Temporary use permit must be applied
for and approved by the Zoning Administrator. Permit fee amount is
as prescribed in the current schedule of fees kept on record in the
City Clerk's office.
b.
Permits are valid for the following
time frames:
(1)
One-day permit (excluding Apple Butter Makin' Days);
(2)
Three-day permit (excluding Apple Butter Makin' Days);
(3)
One-hundred-eighty-day permit. Permit is good for one (1) year
and is renewable one (1) year from the date of issuance. The one hundred
eighty (180) days need not be consecutive. (Includes Apple Butter
Makin' Days.)
(4)
For food vendors, a six-month permit that may be renewed at
the end of the six-month period.
c.
Permit must be conspicuously displayed
on site.
d.
The equipment or structures incorporated
in the temporary use must be readily movable. Tent-type collapsible
structures are allowed.
e.
Placement of equipment and allowed
structures must be on the permit application and shall be located
in such a manner as will maintain unobstructed traffic flow and emergency
vehicles access along with sight triangle clearances near intersections
of streets and driveways.
f.
A completed permission statement
signed by the landowner will be required at the time of permit application.
g.
A copy of a valid Missouri retail
license as well as valid Lawrence County merchant's license will be
required from vendor at the time of permit application.
h.
Safety equipment such as fire extinguishers
or other may be required based on the type of activity.
4.
Exemptions from permit:
a.
Vendors registered with the Mount
Vernon Chamber of Commerce to participate in Apple Butter Makin' Days.
Said vendors will be subject to Lawrence County Health Department
rules and other provisions of the City Code as required.
b.
Accessory structures for seasonal/temporary
uses by permanent business(es) located on a zoning lot.
c.
Other activities approved by the
City prior to adoption of these regulations.
d.
Temporary uses by not-for-profit
organizations primarily for fund-raising where third-party vendors
are not present.
[Ord. No. 2.191, 7-10-2018]
e.
Exempt activities still subject to
site requirements for traffic safety and emergency vehicle access.
5.
Temporary uses involving street closure:
[Ord. No. 2.188, 5-9-2017]
a.
Any person or business desiring to hold a gathering or activity and
requesting a City street be temporarily closed shall submit an application
to the Code Enforcement Officer. In considering the application the
Code Enforcement Officer shall consider the time of the event, duration,
anticipated attendance, location, disruption to the orderly flow of
traffic, and response of emergency vehicles to the area. If the street
to be closed has residences fronting it on that block, the applicant
must submit signatures of two-thirds (2/3) of the occupied residences
with the application, and the failure to have such signatures is a
basis for denial of the application.
b.
For-profit activities:
(1)
The applicant shall provide proof the applicant has obtained
a State sales tax license or number.
(2)
The applicant shall provide proof of insurance coverage in the
name of the individual, business or group with a minimum coverage
for bodily injury of one hundred thousand dollars ($100,000.00) per
person and/or two hundred thousand dollars ($200,000.00) per occurrence.
(3)
The Code Enforcement Officer shall determine whether the applicant
must provide security for the activity.
(4)
Activities associated with the street closing must cease by
10:00 P.M.
c.
Social gatherings and not-for-profit activities:
(1)
Street closures for that are intended for a social activity,
such as a block party, or as a fund-raising activity for a not-for-profit
organization, are allowed on residential streets. In evaluating an
application, the Code Enforcement Officer may take into consideration
prior street closings for this purpose, the effects on other residents
of the block, and the number of residents affected by the street closing.
(2)
Activities associated with the street closing must cease by
10:00 P.M. except activities on the 4th of July, which may be allowed
until 12:00 Midnight.
d.
The applicant shall be responsible for cleanup of all paper or debris
caused by the applicant's use of the area, and the applicant shall
provide the City with assurances, which may include a bond or cash,
that the area will be cleaned up after the activities have concluded.
If such cleanup is not undertaken promptly, the City reserves the
right to do the cleaning itself, and to charge the applicant for the
actual time and expense incurred in cleaning. This charge shall be
a private debt of the applicant.
e.
No street may be closed longer than six (6) hours.
f.
Applicants that are granted an application will be responsible for
installing barricades and/or signage to reflect the street closure
in a manner acceptable to the Code Enforcement Officer or his/her
designee. Access to the closed street by emergency personnel and apparatus
must be allowed. Access to the closed street must be provided for
businesses or residences on the street. Applicants that are denied
an application may appeal the denial to the Board of Aldermen.
g.
During the time for which an application has been granted and the
street is closed, open containers of alcoholic beverages are allowed
on the closed street and adjoining sidewalks and consumption of alcohol
is permitted.
h.
Business and residents in the surrounding area have the right to
enjoy peace and quiet at their property. Any disruptions will be evaluated
by the Mount Vernon Police Department to determine an appropriate
remedy which could include revocation of the street closure.
Y.
Transitional Living Facility. Transitional
living centers shall be subject to the following standards.
1.
Size. No more than ten (10) persons,
including staff, shall reside in the center at one time.
2.
Separation. No transitional living
center shall be located within one thousand five hundred (1,500) feet
of any other transitional living center or substance abuse treatment
facility, nor shall a transitional living center be located within
three hundred (300) feet of any religious assembly, school, "R-1,"
"R-2," "MP" zoned property.
Z.
Vehicle/Equipment Sales, Vehicle/Equipment
Storage Yards And Vehicle Repair (Limited And General). All vehicle
and equipment storage areas and parking areas must be hard surfaced
and dust free.
AA.
Minimum Floor Area For Duplexes And
Twin-Home Structures. One thousand (1,000) square feet for each dwelling
unit exclusive of decks, porches and attached garages.
BB.
Accessory detached storage buildings
two hundred (200) square feet to four hundred (400) square feet require
a building permit and shall be anchored to the ground to prevent wind
uplift (i.e., mobile home screw anchors). Structures greater than
four hundred (400) square feet shall be located on concrete or masonry
piers or footing/foundation that are twenty-four (24) inches deep
extending below the frost line. A maximum of four (4) accessory structures
are allowed per lot. If there is more than one (1) accessory structure
on the lot, they must be placed at least two (2) feet from each other.
[Ord. No. 2.202, 6-22-2021]
CC.
Apartment, Efficiency. Efficiency apartments shall be allowed only in "R-3" Multifamily Dwelling Districts when conditionally permitted under Section 405.150 for intensity of use, and at least two thousand five hundred (2,500) square feet of lot area per housekeeping unit. Use standards set forth in Subsection (Q) of this Section shall apply for new construction of such buildings or the alteration/reutilization of existing buildings for such use. Use standard:
1.
A single unit occupied by two (2)
or less individuals shall have no less than two hundred twenty (220)
square feet of open area, exclusive of closets, bathrooms, and areas
within thirty (30) inches of the working side of kitchen appliances.
2.
A single unit occupied by the allowed maximum of three (3) individuals shall have no less than three hundred twenty (320) square feet of open area, as defined in Subsection (CC)(1) above.
3.
Each unit shall be provided with
a separate garment or storage closet.
4.
Each unit shall be provided with
a separate bathroom containing a water closet, lavatory, and a tub
or shower.
5.
Each unit shall be provided with
a kitchen sink, a cooking appliance and refrigeration facilities.
DD.
Backyard Cottage. An accessory building
for residential use is permitted in "R-2" and "R-3" Residential Districts
and conditionally permitted in "R-1."
[Ord. No. 2.151 § 3, 11-27-2012]
1.
Minimum square footage of four hundred
(400) square feet and maximum square footage of eight hundred (800)
square feet, and all other minimum square footage requirements provided
in this Code are waived.
2.
No more than forty percent (40%)
of lot area can be covered with structures, except in "R-3" Districts
which allows fifty percent (50%) of the lot to be covered.
4.
Conditionally permitted as a rental
unit in "R-1" only if the owner of the property resides in one of
the residential structures located on the property. Conditional use
permit does not transfer with the change of ownership.
5.
Off-street parking of one additional
parking space separate from the requirement of primary residence.
6.
When located in "R-2" or "R-3" Residential
Districts, the primary residence and the backyard cottage located
on the same lot may be rented as separate rental units.
7.
Only one backyard cottage is permitted
on any residential lot in any residential district and cannot be located
on the front of the lot.
8.
Each backyard cottage shall contain
a bathroom containing a water closet, lavatory, and tub or shower.
EE.
Cottage Business. Business based
in a residential-type structure which sells directly to the public
either merchandise or services, including but not limited to the following
business types: antique store, art gallery or studio, bed-and-breakfast,
bookstore, cake-cupcake-cookie store, candy store, coffee shop, home
decor shop, ice cream parlor, restaurants, secondhand store, sewing-alterations
fabric shop, tea room, travel store.
[Ord. No. 2.160 § 3, 11-23-2012]
FF.
Cottage Industry. A small-scale industry
where the creation of products and services are generally located
in a residence. Products and services created by cottage industries
are unique, distinctive and not usually mass-produced such as several
neighbors who quilt and offer their quilts for sale. Cottage industry
includes but is not limited to the following business types: bakery,
fishing lure/hunting call manufacturing, fudge-making shops, furniture
shop (custom and repair), home decor manufacturing, photography shop,
picture framing, print shop, limited blacksmith shop, shoe repair
shop, quilting shop.
[Ord. No. 2.160 § 4, 11-23-2012]
GG.
Medical Marijuana Facilities. No medical marijuana facility
shall be sited, at the time of application for license or zoning approval,
whichever is earlier, within three hundred (300) feet of any then-existing
elementary or secondary school, day care or church.
[Ord. No. 2.194, 7-9-2019]
1.
Methods Of Measuring Distance.
a.
In the case of a freestanding facility, the distance between the
facility and the school, day care, or church shall be measured from
the property line of the school, day care, or church to the facility's
entrance or exit closest in proximity to the school, day care or church.
b.
In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the school, day care, or church shall be measured from the property
line of the school, day care, or church to the facility's entrance
or exit closest in proximity to the school, day care or church.
c.
Measurements shall be made along the shortest path between the demarcation
points that can be travelled by foot.
