[R.O. 2004 § 404.010; Ord. No.
106 § 1, 7-21-2008]
A.Â
For the purpose of this Chapter, words used in the present tense
include the future, the singular includes the plural and plural singular,
the word "lot" includes the word "plot," the word "used" includes
"designated" or "intended to be used," the word "building" includes
the word "structure" and the word "shall" is mandatory and not discretionary.
B.Â
ACCESSORY BUILDING AND USE
ACCESSORY BUILDING, ATTACHED
ACCESSORY BUILDING, DETACHED
ACCESSORY LIVING QUARTERS
ALLEY
APARTMENT HOTEL
BASEMENT
BED AND BREAKFAST
BILLBOARD
BOARDING HOUSE/LODGING HOUSE
BUFFER ZONE
BUILDING
BUILDING INSPECTOR
BUILDING LINE
BUILDING SETBACK LINE
BUILDING, DETACHED
BUILDING, HEIGHT OF
BUILDING, NON-CONFORMING
BUILDING, SEMIDETACHED
CARPORT
CELLAR
CEMETERY
CITY
COMMISSION
CURB LEVEL
DAY CARE CENTER
DAY CARE HOME — FAMILY
DAY CARE HOME — GROUP
DEPARTMENT OF NATURAL RESOURCES
DWELLING
DWELLING UNIT
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
EDUCATIONAL INSTITUTION
FAMILY
a.Â
b.Â
c.Â
d.Â
GARAGE, PARKING OR STORAGE
GARAGE, PRIVATE
GARAGE, PUBLIC OR REPAIR
GROUND FLOOR AREA
GROUP HOME
GROUP HOUSES
HOME OCCUPATION OR PROFESSION
HOSPITAL
HOTEL
JUNK YARD, INCLUDING AUTOMOBILE WRECKING
KENNEL
LIGHTING
a.Â
b.Â
c.Â
d.Â
e.Â
f.Â
g.Â
LOT
LOT DEPTH
LOT LINE, FRONT
LOT LINES
LOT OF RECORD
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, THROUGH
MOTEL
PARKING AREA, PUBLIC
PARKING SPACE (OFF-STREET)
PLACE OR COURT
PRIVATE DRIVE
PROFESSIONAL OFFICE
RESTAURANT
RIGHT-OF-WAY
ROOMING HOUSE
SETBACK LINE
SHORT-TERM RENTAL
SIGN
SINGLE HOUSEKEEPING UNIT
SITE PLAN
STABLE, PRIVATE
STABLE, PUBLIC
STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENT
STORY
STREET
a.Â
b.Â
c.Â
d.Â
STRUCTURAL ALTERATIONS
STRUCTURE
TOTAL FLOOR AREA
TOURIST HOME
TRADE OR BUSINESS SCHOOL
UNDEVELOPED LAND
USES, NON-CONFORMING
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The following terms, unless a contrary meaning is required by the
context is specifically prescribed, shall have the meanings indicated:
A subordinate building located on the same lot with the main
building or a subordinate use of land, either of which is customarily
incident to the main building or to the principal use of the land.
Where a substantial part of the wall of an accessory building is a
part of the wall of the main building or where an accessory building
is attached to the main building in a substantial manner, as by a
roof, such accessory building shall be counted as part of the main
building.
An accessory building sharing a common wall, continuous roofline,
and construction style and materials of the main dwelling unit.
[Ord. No. 348, 10-19-2017]
An accessory building not sharing a common wall, continuous
roofline, and construction style and materials of the main dwelling
unit.
[Ord. No. 348, 10-19-2017]
Living quarters with an accessory building, for the sole
use of persons employed on the premises, having kitchen facilities
and not rented or otherwise used as a separate dwelling.
A permanent public serviceway which affords only a secondary
means of access to abutting property.
A building or portion thereof used for or containing both
individual guest rooms or suites of rooms and dwelling units designated
for more or less temporary occupancy.
A story partly underground and having at least one-half (1/2)
of its height above the average level of the adjoining ground.
A family home occupied as a permanent dwelling by the proprietor,
in which lodging and meals are provided for time-limited duration
to not more than four (4) groups of patrons in a twenty-four-hour
period.
A structure primarily used as a flat surface upon which advertisements
are pasted, painted, electronic or otherwise affixed.
A building, other than a hotel, where lodging with or without
meals for five (5) or more persons is provided for compensation. A
boarding house may also include the dwelling unit occupied by the
owner or operator.
A strip of land separating two (2) zoning districts.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
any portion thereof is completely separated from every other person
thereof by a division wall without openings, then each such portion
shall be deemed a separate building.
An inspection official appointed by the City charged with
enforcement of Building Codes and such other ordinances as may be
assigned.
A building limit fixed at a specific distance from the front,
rear or side boundaries of a lot beyond which a structure cannot lawfully
extend.
The line nearest the street and across a lot establishing
the minimum open space to be provided between buildings and specified
structures and street lines.
A building having no party wall in common with another building.
The vertical distance measured from the adjoining curb grade
at a point opposite the center of the principal frontage of the building
to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the mean height
level between the eaves and ridge of a gable, hip or gambrel roof.
Where buildings are set back from the street line, the height of a
building may be measured from the average elevation of the finished
lot grade at the front of the building.
A legally existing building which fails to comply with the
regulations set forth in this Chapter applicable to the district in
which this building is located.
A building having one (1) party wall in common with an adjacent
building.
Anything constructed or erected that is more or less open
on three (3) sides and having a roof with the purpose of protecting
a vehicle from the weather and providing the occupants with protection
for entering or exiting the vehicle. A carport will be subject to
setback regulations of all existing zoning requirements and is considered
an accessory building.
A story having more than one-half (1/2) of its height below
the average level of the adjoining ground.
Land used for the burial of the dead and dedicated for cemetery
purposes, including mausoleums when operated in conjunction with and
within the boundary of such cemetery.
The City of Duquesne, Missouri.
Planning and Zoning Commission.
The level of the established curb in front of the building
measured at the center of such front. Where no curb has been established,
the Building Inspector shall establish such curb level or its equivalent
for the purpose of this Chapter.
A child care program conducted in a location other than the
provider's permanent residence or separate from the provider's living
quarters, where care is provided for children not related to the child
care provider for any part of the twenty-four-hour day. The number
of children allowed within a child day care center is to be regulated
by the licensing agency of the State of Missouri.
A child care program where care is given by a person licensed
as a family day care home provider for no more than ten (10) children
not related to the provider for any part of the twenty-four-hour day.
The child care program is within the provider's permanent residence.
A child care program where care is given by a person licensed
as a group day care home provider for eleven (11), but not more than
twenty (20), children not related to the child care provider for any
part of the twenty-four-hour day. A group day care home shall be in
a location other than the provider's permanent residence or separate
from the provider's living quarters.
The Missouri Department of Natural Resources (MoDNR).
A building or portion thereof used exclusively for residential
occupancy, including one-family, two-family and multifamily dwellings,
but not including hotels, motels, lodging or boarding houses or tourist
homes.
A building or portion thereof used by one (1) family for
cooking, living and sleeping purposes.
A building or portion thereof used for occupancy by three
(3) or more families living independently of each other and doing
their own cooking in said building, including apartments, group houses
and row houses.
A detached building used for residential occupancy by one
(1) family.
A detached or semidetached building used for residential
occupancy by two (2) families living independently of each other.
A grant by the property owner to a person, corporation or
the public of the right to the use of designated land area for specified
purposes.
Primary or grammar, public, parochial or private school,
high school, preparatory school or academy, public or founded or owned
or conducted by or under the sponsorship of a religious or charitable
organization; private preparatory school or academy furnishing courses
of instruction substantially equivalent to the courses offered by
public high schools for preparation of admission to college or universities
which award B.A. or B.S. degrees; junior college, college or university,
public or founded or conducted by or under the sponsorship of a religious
or charitable organization; or private when not conducted as a commercial
enterprise for the profit of individual owners or stockholders. This
definition shall not be deemed to include trade or business schools
as defined in this Section.
One (1) of the following:
[Ord. No. 413, 10-14-2019]
One or two individual persons plus their blood relatives and/or
offspring (also included are children of adoption, foster, and children
under guardianship) having a relationship which is functionally equivalent
to a family. The relationship must be of a permanent and distinct
character with a demonstrable and recognizable bond characteristic
of a cohesive unit. Functional family does not include any society,
club, fraternity, sorority, association, lodge, organization or group
of students or other individuals where the common living arrangement
or basis for the establishment of the housekeeping unit is temporary;
a functional family may include one additional unrelated person; or
A group of up to three (3) unrelated individuals living together
by joint agreement and occupying a single housekeeping unit with single
kitchen facilities on a non-profit, cost-sharing basis; or
Any home in which eight (8) or fewer unrelated mentally or physically
handicapped persons reside, and may include two (2) additional persons
acting as houseparents or guardians who need not be related to each
other or any mentally or physically handicapped persons residing in
the home; or
Any private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one or more,
but less than seven (7), children who are unrelated to either foster
parent by blood, marriage or adoption.
Any building, except one (1) herein defined as a private
garage, used exclusively for parking of self-propelled vehicles and
with not more than two (2) pumps for the incidental sale of gasoline.
A detached accessory building or portion of a main building
used for the storage of self-propelled vehicles where the capacity
does not exceed three (3) licensed vehicles or not more than one (1)
per family housed in the building to which such garage is accessory,
whichever is the greater, and not more than one (1) vehicle stored
in such garage shall be a commercial vehicle. Storage space for not
more than three (3) vehicles may be rented for vehicles of other occupants
of the building to which such garage is an accessory.
Any premises, except those described as a private or parking
garage, used for the storage or care of self-propelled vehicles or
where any such vehicles are equipped for operation, repaired or kept
for remuneration, hire or sale.
The square foot area of a building within its largest outside
dimensions, exclusive of open porches, breezeways, terraces, garages,
exterior stairways and secondary stairways.
Includes any home in which eight (8) or fewer unrelated mentally
or physically handicapped persons reside and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
A group of dwellings not more than two (2) rooms deep facing
upon a place as herein defined.
Any use customarily conducted entirely within a dwelling
and carried on by the occupants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof and in connection with which
there is no display, no stock-in-trade, no outside storage of equipment,
no commodity sold upon the premises and not more than two (2) persons
engaged in such occupation.
Includes "sanitarium," "sanitorium" or "clinic," provided
such institution is operated by or treatment given under direct supervision
of a physician licensed to practice by the State of Missouri.
A building or portion thereof used as the more or less temporary
abiding place of individuals who are lodged with or without meals
and in which there are more than twelve (12) sleeping rooms usually
occupied singly and in which provision for cooking is made preponderantly
in a central kitchen.
A lot or part thereof used for the storage, keeping or abandonment
of junk, including scrap metal or other vehicles or machinery or parts
thereof.
Any person who shall own, keep or harbor on his/her premises
more than three (3) dogs not including the litters of such dogs under
the age of six (6) months shall be deemed the owner of a kennel. Additionally,
any person who shall own, keep or harbor on his/her premises of more
than three (3) cats not including the litters of such cats under the
age of six (6) months shall be deemed the owner of a kennel.
The following terms shall be used in administering the requirements
of the lighting performance standards:
CANDLEPOWERThe amount of light that will illuminate a surface of one-foot distance from a light source to an intensity of one-foot candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminary.
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cut off) at a specific angle above the ground.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
CUTOFF-TYPE LUMINARYA luminary with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°).
FOOT-CANDLEA unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
GLAREThe brightness of a light source, which causes eye discomfort.
MAXIMUM PERMITTED ILLUMINATIONThe maximum illumination measured in foot-candles at the interior setback yard line at ground level.
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings and the accessory buildings or
uses customarily incident thereto, including such open spaces as required
under these regulations and having its principal frontage upon a public
street or approved place. A lot as used herein may consist of one
(1) or more platted lots or tract(s), as conveyed or parts thereof.
In determining lot area and boundary lines, no part thereof within
the limits of the street right-of-way shall be included.
The mean horizontal distance from the front street right-of-way
line to the rear property line.
The boundary between a lot and the street right-of-way on
which it fronts.
The lines bounding a lot as defined herein.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Deeds.
The distance parallel to the front of a building erected
or to be erected, measured between side lot lines at the building
line.
A lot at the junction of and fronting on two (2) or more
intersecting streets both of which are twenty (20) feet or more in
width.
A lot whose side lines do not abut on any street.
An interior lot having frontage on two (2) parallel or approximately
parallel streets.
A permanent building or group of buildings containing rooms
used, rented or hired out for the more or less temporary occupancy
of overnight guests.
An open area, other than a street, used for the temporary
parking of more than four (4) automobiles and available for public
use, whether free, for compensation or as an accommodation for clients
or customers.
A space on private land, accessible from a street or alley,
not less than nine (9) feet wide and twenty (20) feet long, exclusive
of passageways.
An open, unoccupied space on the same lot with a building
or group of buildings and bounded on three (3) or more sides by such
building or buildings.
A paved right-of-way within a planned residential development
or a manufactured home park that affords the principal means of vehicular
access to property abutting thereon, which right-of-way is owned,
controlled, maintained and posted as a private drive by persons other
than the public.
The office of a person engaged in any occupation, vocation
or calling, not purely commercial, mechanical or agricultural in which
a professed knowledge or skill in some department of science or learning
is used by its practical application to the affairs of others, either
advising or guiding them in serving their interest or welfare through
the practice of an act founded thereon.
A building wherein food is prepared and served in ready-to-eat
form to the public for human consumption. The term "restaurant" shall
include cafe, cafeteria, grill, pizza or chili parlor, diner, snack
shop, hamburger shop and steak house.
Land dedicated to a person, corporation or the public for
a right of passage or use for specified purposes.
A residential house of which most or some of the rooms are
rented out to paying customers by the owner of the residential house.
It is a place where individuals who are living in and rent in that
house share the bathroom and the kitchen. The occupant of a rooming
house is called a roomer.
[Ord. No. 413, 10-14-2019]
The line generally parallel to the front, side or rear lot
line establishing the minimum space to be provided as the front, side
or rear yard.
A residential unit in which lodging is provided for time-limited
durations for periods of time less than twenty-eight (28) consecutive
days and may or may not be occupied by the proprietor.
[Ord. No. 487, 8-8-2022]
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any building, structure or
surface. Signs placed or erected by governmental agencies or non-profit
civic associations for a public purpose in the public interest shall
not be included herein, nor shall this include signs which are a part
of the architectural design of a building.
Any household whose members are a non-transient interactive
group of persons jointly occupying a dwelling unit, including joint
access to and use of all common areas, including living, kitchen and
eating areas within the dwelling unit, and sharing household activities,
and responsibilities such as meals, chores, expenses and maintenance,
and whose makeup is determined by the members of the unit rather than
by the landlord, property manager, or other third party. This does
not include a boarding- or rooming house.
[Ord. No. 413, 10-14-2019]
A plan or plat submitted showing uses and structures proposed
for a parcel of land as required by these regulations for single-family,
two-family, multifamily, commercial and industrial proposals.
A stable with capacity for not more than two (2) horses;
provided, however, that the capacity of a private stable may be increased
if the premises whereon such stable is located contains an area of
not less than two thousand five hundred (2,500) square feet for each
horse accommodated.
A stable with a capacity for more than two (2) horses.
A public works document for the City of Duquesne.
That portion of a building 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 such floor and the ceiling
next above it.
A paved roadway that affords principal means of access to
abutting property. Streets can be classified based on their function
as follows:
HIGHWAYSA street or road of great continuity with either a single roadway or a dual roadway, which serves or is intended to serve major traffic flow. A roadway that is designated in the major street plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term to identify those streets compromising the basic street system.
STREET, COLLECTORA street which carries or is proposed to carry intermediate volumes of traffic from minor streets to thoroughfares and which may or may not be continued.
STREET, MINORA street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes. This includes culs-de-sac.
THOROUGHFARESA street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams or girders, interior/exterior
plumbing or electrical systems and exterior walls.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground.
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces and including garages, porches,
utility rooms, stairways, recreation rooms, storage rooms, but excluding
unroofed balconies and patios.
A building in which more than one (1) but not more than five
(5) guest rooms are used to provide or offer overnight accommodations
for transient guests for compensation.
Secretarial school or college or business school or college,
when not public and not owned or conducted by or under the sponsorship
of a religious or charitable organization; school conducted as commercial
enterprise for teaching industrial skills in which machinery is employed
as a means of instruction. This definition shall not be deemed to
include educational institutions as defined in this Section.
Land within the City limits that has not been platted or
developed.
An existing use of land or building which was legal prior
to the effective date hereof, but which fails to comply with the regulations
set forth in this Chapter applicable to the district in which such
use is located.
A variation from a specific requirement in this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground to the
sky, except as otherwise provided in this Chapter.
A yard extending across the full width of the lot, the depth
of which shall be the least distance between the front lot line and
the nearest point of the main building or of any open, unenclosed
porch or paved terrace.
A yard extending across the full width of the lot between
the rearmost main building and the rear lot line, the depth of which
shall be the least distance between the rear lot line and the rear
of such main building.
A yard between the main building and the side lot line, extending
from the front yard or front lot line where no front yard is required,
to the rear yard, the width of which shall be the least distance between
the side lot line and the nearest point of the main building.
[R.O. 2004 § 404.020; Ord. No.
106 § 1, 7-21-2008]
A.Â
In order to regulate and restrict the location of buildings and other
structures and of premises to be used for trade, industry, residence
or other specific uses; to regulate and limit the height and bulk
of buildings and other structures hereafter erected or altered; and
to regulate and determine setback building lines and the area of yards
and other spaces, the City of Duquesne is hereby divided into districts
of which there shall be four (4) known as:
B.Â
The City of Duquesne is hereby divided into the districts aforesaid.
The boundaries of such districts are shown upon the map on file in
the office of the City Clerk and made a part of this Chapter, being
designated as the "Zoning District Map" and said map and all the notations,
references and other information shown thereon shall be as much a
part of this Chapter as if the matters and information set forth by
said map were all fully described herein.
C.Â
Except as herein provided:
1.Â
No building shall be erected, converted, reconstructed or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
2.Â
No building shall be erected, converted, reconstructed or structurally
altered to exceed the height or bulk limit herein established for
the district in which such building is located.
3.Â
No building shall be erected, converted, reconstructed or structurally
altered so as to intrude upon the area required for the front, side
and rear yards as herein established; provided further that no yard
or open space on adjoining property shall be considered as providing
a yard or open space for a lot wherever a building is to be erected.
4.Â
No lot area shall be so reduced or diminished that the yards
or other open spaces shall be smaller than prescribed by this Chapter,
nor shall the density of population be increased in any manner except
in conformity with the area regulations as hereinafter provided.
5.Â
Every building hereafter erected shall be located on a lot as
herein defined and in no case shall there be more than one (1) building
on one (1) lot except as hereinafter provided.
6.Â
When construction occurs on a lot or parcel which is adjacent
to a residential district which has a zoning classification of a lesser
density, the owner of the lot or parcel with the higher density residential,
commercial or industrial use will be required to construct and maintain
an opaque buffer between the lots or parcel to screen the new construction
from view. The buffer may be:
a.Â
A fence of stockade or shadowbox construction no less than eight
(8) feet in height. All posts and supports on a stockade fence must
face to the interior of the lot or parcel considered the higher density.
b.Â
An evergreen vegetative screen which, at time of planting, must
provide a six-foot screen from the adjacent property.
c.Â
A combination of a six-foot fence of stockade or shadowbox construction
and evergreen vegetative buffer providing the proper screening.
[R.O. 2004 § 404.030; Ord. No.
106 § 1, 7-21-2008]
A.Â
Required Off-Street Parking. The following off-street parking spaces
shall be provided and satisfactorily maintained by the owner of the
property for each building which is hereafter erected, enlarged or
altered for use in any district for any of the following purposes:
1.Â
Class 1. Residential Units.
a.Â
For each dwelling unit there shall be one (1) permanently maintained
parking space on the same lot or parcel.
b.Â
For any hotel, apartment hotel or similar use or establishment
there shall be provided at least one (1) parking space for each three
(3) guest sleeping accommodations.
c.Â
For any motel, tourist home or similar use or establishment
there shall be provided one (1) parking space on the same parcel of
land for each individual sleeping or living unit in addition to such
unit.
2.Â
Class 2. Hospitals. For any hospital, sanitarium, convalescent
home or other similar use or establishment there shall be provided
not less than one (1) parking space for each five (5) beds or any
portion thereof.
3.Â
Class 3. Assembly And Entertainment Places.
a.Â
For any general auditorium, gymnasium, church, stadium, theater
or other similar place of assembly there shall be provided at least
one (1) parking space for each five (5) seats provided for its patrons,
based on the maximum seating capacity.
b.Â
For any meeting, exhibition or entertainment hall; labor temple;
lodge hall; or assembly hall without fixed seats there shall be provided
one (1) parking space for each two hundred fifty (250) square feet
of gross floor area.
c.Â
For any bowling alley there shall be provided four (4) parking
spaces for each bowling lane thereof.
4.Â
Class 4. Offices. For any bank, clinic, funeral home, business
or professional office, welfare institution or any similar use or
establishment there shall be provided not less than one (1) parking
space for each four hundred (400) square feet of gross floor area
or part thereof for the first four thousand (4,000) square feet of
building. Any building which has a gross floor area greater than four
thousand (4,000) square feet shall first provide ten (10) parking
spaces for the first four thousand (4,000) square feet and then provide
one (1) parking space for each additional five hundred (500) square
feet of gross floor area.
5.Â
Class 5. Food Serving Places. For any eating or drinking establishment
or any similar use there shall be provided not less than one (1) parking
space for each two hundred fifty (250) square feet of gross floor
area thereof.
6.Â
Class 6. Retail Sales Use.
a.Â
For any retail store, except a food market, there shall be provided
not less than one (1) parking space for each six hundred (600) square
feet of gross floor area thereof for the first eighteen thousand (18,000)
square feet or part thereof; any building in excess of eighteen thousand
(18,000) square feet shall comply with the requirement up to eighteen
thousand (18,000) square feet and then provide one (1) parking space
for each additional one thousand (1,000) square feet of gross floor
or part thereof.
b.Â
For any food market establishment or any similar use with a
gross floor area of less than seven thousand five hundred (7,500)
square feet there shall be provided not less than one (1) parking
space for each two hundred fifty (250) square feet of gross floor
area thereof. Each establishment having a gross floor area in excess
of seven thousand five hundred (7,500) square feet shall comply with
the requirement up to seven thousand five hundred (7,500) square feet
and then shall provide one (1) parking space for each additional one
hundred (100) square feet of gross floor area thereof.
7.Â
Class 7. Laundromats. For any laundromat, launderette, washerette,
washeteria or any similar use or establishment under a different name
there shall be provided one (1) parking space for each two hundred
fifty (250) square feet of gross floor area thereof.
8.Â
Class 8. Automotive Services.
a.Â
For any gasoline, oil or lubricating service station; motor
vehicle service and repair establishment; or any similar use there
shall be provided not less than one (1) parking space for each one
thousand (1,000) square feet of gross plot-plan area thereof.
b.Â
For any automobile washing or cleaning establishment or any
similar use there shall be provided not less than one (1) parking
space at the location of ingress and egress for each one hundred (100)
square feet of gross floor area thereof and in no case less than six
(6) spaces.
9.Â
Class 9. Production, Processing And Storage Uses. For any manufacturing,
processing, wholesaling or any other use or establishment, including
any printing or engraving establishment or any warehouse or storage
building, there shall be provided two (2) parking spaces plus one
(1) parking space for each eight hundred (800) square feet of floor
area above two thousand (2,000) square feet.
B.Â
Unlisted And Mixed Uses. In case of any use not listed herein, the
number of parking spaces required for such use shall be the same as
for a similar use which is listed. In the case of mixed uses in the
same building or structure, the total requirement for off-street parking
facilities shall be the sum of the requirements of the various uses
computed separately from the items set out in this Section and off-street
parking facilities shall be the sum of the requirements of the various
uses computed separately from the items set out in this Section and
off-street parking facilities for one (1) use shall not be considered
as providing required parking facilities for any other use except
as hereinafter specified for collective use.
C.Â
Collective Parking Facilities. Nothing in this Section shall be construed
to prevent collective provision of any off-street parking facility
for two (2) or more buildings or uses, providing however, that the
total number of off-street parking spaces shall not be less than the
sum of requirements for the various individual uses computed separately
in accordance with the items set out in this Section.
D.Â
General. All parking spaces provided pursuant to this Section shall
be on the same lot with the building or within three hundred (300)
feet thereof.
E.Â
Off-Street Loading. On the same premises with every building, structure
or part thereof hereafter erected, established or enlarged or occupied
in such a way as to involve the receipt or distribution by vehicles
of materials or merchandise in any district, there shall be provided
and maintained adequate space for standing, loading and unloading
in order to avoid undue interference with public use of the street
or alley. Such space, unless otherwise adequately provided for, shall
include a twelve (12) foot by thirty-five (35) foot loading space
with fourteen (14) foot height clearance for every twenty thousand
(20,000) square feet or fraction thereof in excess of three thousand
(3,000) square feet of floor and land area used for the above mentioned
purposes.
F.Â
Remodeling Or Construction. Nothing herein contained shall be construed
to apply to the remodeling or construction for the same use of an
existing structure.
G.Â
Parking Areas. Every parcel of land which, after November 1, 2015,
is changed to a public parking area, or changed to an automobile,
motor vehicle or trailer sales or storage area, or changed to an automobile
or motor vehicle service station or garage, shall be developed as
follows:
[Ord. No. 269 § 1, 10-12-2015]
1.Â
Such area, where subject to wheeled traffic, shall be paved
with portland cement concrete or asphaltic concrete and shall have
appropriate bumper guards where needed.
2.Â
Where such area adjoins a lot in a residential zone, a solid
wall, compact evergreen screen or uniformly painted board fence having
a height of not less than four (4) feet shall be erected and maintained
between such area and the property in residential zones.
3.Â
Any light used to illuminate said parking area shall be so arranged
so as to reflect the light away from the adjoining premises in a residential
zone.
4.Â
Public parking areas established prior to November 1, 2015, and driveways established or hereafter established for one-family and two-family dwellings, are exempt from the paving requirements set forth in this Subsection (G); provided, however, if the primary use of property upon which a public parking area established prior to November 1, 2015, exists, is hereafter substantially changed, such public parking area shall no longer be exempt from the paving requirements set forth in this Subsection (G).
5.Â
Provided, however, when the Board of Aldermen determines that
strict application of the paving requirement will constitute unnecessary
hardship on the property owner and will prevent the reasonable development
of the property which is in the best interests of the City of Duquesne,
and also determines that failure to strictly apply the paving requirement
will not adversely affect the rights of adjacent property owners and
will not adversely affect the public health, safety, quality of life,
order, convenience, prosperity or general welfare, then, with the
advice of the Planning and Zoning Commission, the Board of Aldermen
may issue an exemption from the paving requirement for a period not
to exceed five (5) years in duration.
H.Â
Permanency Of Spaces Provided. Any off-street parking or loading
space established prior to the effective date of this Chapter and
which is used or intended to be used in connection with any main building,
structure or use or any spaces designed and intended to comply with
the requirements of this Chapter for any such main building or structure
erected after such effective date shall hereafter be maintained so
long as said building or structure remains, unless the owner provides
and maintains in another location an equivalent number of required
spaces in conformance with the provisions of this Chapter.
[R.O. 2004 § 404.040; Ord. No.
106 § 1, 7-21-2008]
A.Â
"R-1" Single-Family District. In the "R-1" Single-Family Residential
District, no building, structure or land shall be used and no building
or structure shall be hereafter erected, converted or structurally
altered, unless otherwise provided for in this Chapter, except for
one (1) or more of the following uses:
1.Â
Single-family.
2.Â
Churches and other places of worship, but excluding overnight
shelters.
[Ord. No. 381, 9-10-2018]
3.Â
Public schools, elementary, high and other educational institutions
which curriculum are equivalent to a public elementary school or public
high school.
4.Â
Museums, libraries, parks, playgrounds or community centers
owned and operated by a public agency.
5.Â
Golf courses.
6.Â
Group homes, provided that the exterior appearance of the home
and property be in reasonable conformance with the general neighborhood
standards. Provided, further, that no group home shall be located
within two thousand five hundred (2,500) feet of any other group home.
8.Â
Attached accessory buildings, and detached accessory buildings within three hundred (300) feet of a road to the front or back of the property, including detached garages, private stables, permanent storage buildings, servant quarters occupied only by servants employed on the premises, or other subordinate structures, and including those permitted by Subsection (A)(9), below, shall only be erected (subject to Section 404.080, Height, Area And Yard Exceptions) if a dwelling unit is situated on the same lot or grounds and shall not involve the conduct of a business nor contain kitchen facilities. If no dwelling unit is present on the lot, detached accessory buildings may be erected with a three-hundred-foot setback from a road to the front of the property only if it also has a three-hundred-foot setback from a road to the back of the property, as well as other normal setback requirements [subject to the chart set forth in Section 404.080(A)(3)(a)]. Such accessory buildings may be erected and used for purposes which are clearly incidental to and customarily and commonly associated with the main permitted use of the premises, and shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof.
[Ord. No. 257 § 1, 3-9-2015; Ord. No. 348, 10-19-2017; Ord. No.
362 § 1, 5-14-2018]
9.Â
Uses customarily incident to any of the above uses and including
permitted home occupations as set forth below:
[Ord. No. 362 § 1, 5-14-2018]
a.Â
Permitted minor home occupations include, but are not necessarily
limited to, the following: artists and sculptors; authors and composers;
home crafts for sale off site; office facility of minister, rabbi
or priest; office facility of a salesperson, sales representative
or manufacturer's representative, provided that no transactions are
made in person on the premises; professional office facilities; individual
tutoring; preserving and home cooking for sale off site; individual
instrument instruction, provided that no instrument may be amplified;
telephone solicitation work; family day-care home not involving more
than three (3) children; and computer and bookkeeping services and
transcribing services.
b.Â
Permitted major home occupations shall include, but are not
necessarily limited to, the following: any use allowed as a minor
home occupation; single-chair beauty parlors and barbershops; photo
developing; organized classes with up to six (6) students at one (1)
time; television and other electrical repairs, excluding major appliances
such as refrigerators or storage; small engine repairs, excluding
major automobiles, motorcycles and snowmobiles; upholstering; dressmaking;
woodworking, excluding cabinet making; and day-care facilities caring
for more than three (3) children.
c.Â
Any of the above uses may be conducted in the main building,
provided such use shall not occupy a floor area greater than one-half
(1/2) the floor area of the first story of the building. There shall
be no commercial display visible from the street and no signs present
on the property except one (1) wall sign not to exceed one (1) square
foot indicating the address and the occupant's name.
d.Â
No home occupation shall be permitted that:
(1)Â
Changes the outside appearance of the dwelling or is visible
from the street.
(2)Â
Generates traffic, parking, sewerage or water use in excess
of what is normal in the residential neighborhood.
(3)Â
Creates a hazard to persons or property, results in electrical
interference or becomes a nuisance.
(4)Â
Results in outside storage or display of anything.
e.Â
The following are permitted home occupations:
(1)Â
Accountant.
(2)Â
Architect.
(3)Â
Chiropractor.
(4)Â
Clergyman.
(5)Â
Computer programming.
(6)Â
Contractor, limited to telephone and office use.
(7)Â
Day nursery, with a maximum of five (5) children at any one
time.
(8)Â
Dentist.
(9)Â
Engineer.
(10)Â
Home crafts and hobby activities such as model making, rug weaving,
lapidary work and pottery making.
(11)Â
Lawyer.
(12)Â
Masseur or masseuse.
(13)Â
Musician.
(14)Â
Osteopath.
(15)Â
Painting, sculpting or writing.
(16)Â
Physician.
(17)Â
Salesman.
(18)Â
Seamstress/dressmaking.
(19)Â
Teaching or instruction, provided that not more than three (3)
students are taught at any one (1) time, nor more than twelve (12)
students per day.
(20)Â
Telephone answering.
g.Â
The following additional conditions and restrictions shall apply
to such customary home occupations:
(1)Â
The primary use of the building or structure in which the occupation
is situated is clearly the dwelling used by the person as his/her
private residence.
(2)Â
No assistant or other than an immediate family member of the
family household is employed, and only one (1) non-illuminated window
display or sign of four (4) square feet or less in size may be used
to advertise the same.
h.Â
Any proposed home occupation that is not specifically permitted by this Section shall be considered a special use and be granted or denied by the Board of Aldermen upon consideration of those standards contained in Section 404.135 and properly applied for as required in Section 404.135 of this Code.
i.Â
Such additional uses as private swimming pools, tennis courts, gardens,
customary pets, television and radio receiving antennas not exceeding
sixty (60) feet in height, signs as permitted by ordinance, parking
areas, toolsheds and private greenhouses not exceeding one hundred
(100) square feet in area, play equipment, storage of one (1) tenant-owned
boat, camping trailer or pickup camper, the overnight parking of a
truck twelve thousand (12,000) gross vehicle weight rating or less
on the premises and other similar uses. Any accessory use which exceeds
ten (10) feet in height shall be located a distance inside the property
line at least equal to its height.
10.Â
Utility uses.
11.Â
Short-term rental.
[Ord. No. 487, 8-8-2022]
B.Â
"R-2" Two-Family Residential District. In the "R-2" Two-Family Residential
District, no building or land shall be used and no building shall
be hereafter erected, converted or structurally altered, unless otherwise
provided for in this Chapter, except for one (1) or more of the following
uses:
C.Â
"R-3" Multifamily Residential District. In the "R-3" Multifamily
Residential District, no building or land shall be used and no building
shall be hereafter erected, converted or structurally altered, unless
otherwise provided for in this Chapter, except for one (1) or more
of the following uses:
[Ord. No. 270 § 1, 10-12-2015]
D.Â
"R-4" Planned Unit Development District. This district is intended
to provide alternate residential housing, including residential neighborhood
units, clusters, condominiums and zero lot line developments. Short-term
rentals may also be included. All planned unit developments must be
approved by the City.
[Ord. No. 487, 8-8-2022]
E.Â
"C-1" Non-Retail Commercial District. This district is intended to
provide professional or service offices for the general population
of the City of Duquesne. In the "C-1" Non-Retail Commercial District,
no building or land shall be used and no building shall be hereafter
erected, converted or structurally altered, unless otherwise provided
for in this Chapter, except for one (1) or more of the following uses:
[Ord. No. 270 § 1, 10-12-2015]
1.Â
Office buildings to be used only for the administrative functions
of individuals, groups, companies, corporations, social or philanthropic
organizations or societies.
3.Â
In the "C-1" Commercial District, the following regulations
shall apply:
a.Â
No merchandise shall be displayed or handled except inside the
buildings. No equipment or vehicles other than that utilized daily
shall be stored on the premises.
b.Â
Nameplate and sign relating only to the occupations practiced
therein are allowed. No lighted or flashing signs shall be permitted.
Any nameplate or sign shall be permanently affixed to the structure
and shall not exceed three (3) feet by five (5) feet.
4.Â
Short-term rental.
[Ord. No. 487, 8-8-2022]
F.Â
"C-2" Retail Commercial District. This district is intended to provide
retail and service establishments serving the general community and
others. In the "C-2" Retail Commercial District, no building or land
shall be used and no building shall be hereafter erected, converted
or structurally altered, unless otherwise provided for in this Chapter,
except for one (1) or more of the following uses:
1.Â
Uses Permitted.
a.Â
Any use permitted in Districts "C-1."
[Ord. No. 270 § 1, 10-12-2015]
b.Â
Banks or other financial institutions.
c.Â
Bakeries.
d.Â
Cleaning, pressing and dyeing plants employing not more than
five (5) persons each; provided only non-explosive cleaning fluids
shall be used.
e.Â
Gasoline sales.
f.Â
Greenhouses.
g.Â
Food service establishments, including drive-in service.
h.Â
Beauty or barber shops.
i.Â
Publishing, including job printing.
j.Â
Hospitals and clinics, including veterinary hospitals and clinics.
k.Â
Mortuaries or funeral homes.
l.Â
General business offices and stores.
m.Â
Stores and shops for the sale of products at retail only.
n.Â
Studios or broadcasting facilities (no towers).
o.Â
Theaters or moving picture shows.
p.Â
Wholesale sales and storage.
q.Â
Shops for custom work or the manufacture of articles to be sold
at retail on the premises; provided that in such manufacture total
mechanical power shall not exceed five (5) horsepower for the operation
of any shop and provided that the space occupied by the manufacturing
use permitted herein shall not exceed fifty percent (50%) of the total
floor area of the entire building or the equivalent of the ground
floor area thereof and, provided further, that such manufacturing
use is not noxious or offensive by reason of vibrations, noise or
emission of odor, dust, smoke or gas.
r.Â
Such accessory retail, professional or service uses that are
necessary for convenience of citizens subject to review by the Commission
to insure conformity to the intent of the regulation.
s.Â
Short-term rental.
[Ord. No. 487, 8-8-2022]
G.Â
"M-1" Industrial District. This district is intended primarily for
the conduct of manufacturing, assembling and fabrication and for warehousing,
wholesales and service uses. These operations do not depend primarily
on frequent personal visits of customers or clients but may require
good accessibility to major rail, air or street transportation routes.
[Ord. No. 270 § 1, 10-12-2015]
1.Â
Uses Prohibited. Those uses are prohibited which may be obnoxious
or offensive because of emission of odor, dust, smoke, gas, glare,
noise or disposal of waste materials.
2.Â
Uses permitted.
a.Â
Any use permitted in District "C-2."
[Ord. No. 330 § 1, 6-12-2017]
b.Â
Building materials sales yard and lumberyard, including the
sale of rock, sand, gravel and the like as an incidental part of the
main business, including a concrete batch plant or mix plant.
c.Â
Contractor's equipment storage yard or plant or rental of equipment
commonly used by contractors.
d.Â
Freighting or trucking yard or terminal.
e.Â
Public utility service yard or electrical receiving or transforming
station.
3.Â
The following uses are permitted when conducted within a completely
enclosed building:
a.Â
The manufacture, compounding, processing, packaging or treatment
of such products as bakery goods, candies, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, soaps, toiletries and food products.
b.Â
The manufacture, compounding, assembling or treatment of articles
or merchandise from previously prepared materials.
c.Â
The manufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay and kilns fired only
by electricity or gas.
d.Â
The manufacture and maintenance of electric and neon signs,
commercial advertising structures, light sheet metal products, including
heating and ventilating ducts and equipment, metal buildings, wood
buildings and wood products.
e.Â
Manufacture of musical instruments, toys and novelties.
f.Â
Automobile assembling, painting, upholstering, rebuilding, reconditioning,
body and fender works, truck repairing and overhauling, tire retreading
or recapping and battery manufacturing.
g.Â
Blacksmith shop and machine shop, excluding punch presses over
twenty (20) tons rated capacity, drop hammers and automatic screw
machines.
h.Â
Foundry casting lightweight non-ferrous metal not causing noxious
fumes or odors.
i.Â
Assembly of electrical appliances, electronic instruments and
devices, radios and phonographs, including the manufacture of small
parts only, such as coils, capacitors, transformers, crystal holders
and the like.
j.Â
Wholesale storage or manufacture of alcoholic beverages or non-alcoholic
beverages.
4.Â
Also permitted are any buildings, structures and uses which
are customarily incidental to any of the above uses.
5.Â
The uses permitted under this Section shall be conducted in
such a manner that no noxious odor, noise, fumes or dust will be emitted
beyond the property line of the lot on which the use is located. No
use shall be permitted or so operated as to produce or emit:
a.Â
Smoke or particular matter of a No. 1 or darker on the Ringelmann
Chart.
b.Â
Dust, fly ash, radiation, gases, heat, glare or other effects,
which may be injurious to humans or property at the property line.
c.Â
Vibrations or perceptible concussion measured with instruments
at the property line.
d.Â
The noise level shall not exceed the following levels at any
point along the property line.
Octave Band
|
Maximum Level
|
---|---|
0 to 75 CPS
|
55 db
|
75 to 1,200 CPS
|
40 db
|
1,200 to 4,800 CPS
|
25 db
|
Above 4,800 CPS
|
22 db
|
e.Â
Industrial wastes shall be of a quantity and nature as not to
overburden the public sewage disposal facilities or cause odor and
unsanitary effects beyond the property line.
H.Â
"UD" Undeveloped Land District.
[Ord. No. 348, 10-19-2017]
1.Â
This district is intended to include land which for one reason or
another has not been developed or used for purposes other than agricultural.
2.Â
Removing land from this district and placing it in one of the other
districts requires approval of the Commission and Board.
3.Â
If no dwelling unit is present on the lot, detached accessory buildings may be erected with a three-hundred-foot setback from a road to the front of the property only if it also has a three-hundred-foot foot setback from a road to the back of the property, as well as other normal setback requirements [subject to the chart set forth in Section 404.080(A)(3)(a)].
[R.O. 2004 § 404.050; Ord. No.
106 § 1, 7-21-2008]
A.Â
The lawful use of land existing at the time of the passage of this
Chapter, although such use does not conform to the provisions hereof,
may be continued, but if such non-conforming use is discontinued for
a period of six (6) months, any future use of said land shall be in
conformity with the provisions of this Chapter.
B.Â
The lawful use of a building existing at the time of the passage
of this Chapter may be continued, although such use does not conform
with the provisions hereof and such use may be extended throughout
the building life, provided no structural alterations, except those
required by law or ordinance, are made therein. If such non-conforming
building is removed, every future use of land shall be in conformity
with the provisions of this Chapter.
C.Â
The foregoing provisions shall also apply to non-conforming uses
in districts hereafter changed.
D.Â
Nothing in this Section shall be deemed to prevent the restoration
of a building destroyed to the extent of not more than seventy-five
percent (75%) of its reasonable value by fire, explosion or other
casualty or the public enemy, nor the continued occupancy or use of
such building or part thereof which existed at the time of such partial
destruction.
E.Â
The lawful non-conforming use of land in the expedited debris removal area pursuant to Subsection (A) of this Section on May 22, 2011, other than the use of land upon which to place a mobile home, may be continued as a non-conforming use if such use is resumed within two (2) years of the May 22, 2011, tornado; thereafter, the future use of such land shall be governed by the provisions of Subsection (A) of this Section.
[Ord. No. 199 § 1, 8-13-2012]
F.Â
The lawful use of a non-conforming building within the expedited debris removal area pursuant to Subsection (B) of this Section on May 22, 2011, may be continued in a replacement building other than a mobile home if a building permit for the replacement building is issued within two (2) years, and construction completed within two (2) years plus six (6) months, of the May 22, 2011, tornado; thereafter, the future use of such building shall be governed by the provisions of Subsection (B) of this Section.
[Ord. No. 199 § 1, 8-13-2012]
[R.O. 2004 § 404.060]
A.Â
In the "R-1" and "R-2" Residential Districts, the height of buildings,
the minimum dimensions of yards and the minimum lot area per family
shall be as follows:
1.Â
Height. No building hereafter erected or structurally altered shall exceed forty-five (45) feet or three and one-half (3Â 1/2) stories, whichever is less, except as provided in Section 404.080.
2.Â
Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet, provided that for lots less than one hundred (100) feet in depth and of record at the time of passage of these zoning regulations, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot, except as provided in Section 404.080.
3.Â
Side Yard. Any building hereafter constructed shall provide
for a side yard on each side of the building measuring not less than
ten (10) feet. Buildings on corner lots shall provide a side yard
on the street side of not less than twenty-five (25) feet measured
from the side property line abutting the street right-of-way. Provided
this regulation shall not be so interpreted as to reduce the buildable
width of a corner lot in separate ownership at the time of the passage
of this Chapter.
4.Â
Front Yard. Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be at least twenty-five
(25) feet measured from the front property line abutting the street
right-of-way to the front line of the building for the first thirty-five
(35) feet of building height with one (1) additional foot of setback
for each additional two (2) feet of building height above thirty-five
(35) feet and not less than fifteen (15) feet to the front line of
an open porch or paved terrace.
5.Â
Lot Area Per Family.
a.Â
Every single-family dwelling hereafter erected, moved or altered
shall provide a lot area of not less than nine thousand (9,000) square
feet per family, provided that where a pre-existing lot has less area
than herein required and met pre-existing square footage regulations,
this regulation shall not prohibit the erection of a single-family
dwelling. In determining the lot area, no part thereof within the
limits of the street right-of-way shall be included.
[Ord. No. 323 § 1, 2-13-2017]
b.Â
Every two-family building shall provide a lot area of not less
than five thousand five hundred (5,500) square feet per family. In
determining the lot area, no part thereof within the limits of the
street right-of-way shall be included.
c.Â
The combined lot area of all attached accessory buildings may
not exceed the lot area of the dwelling unit.
[Ord. No. 348, 10-19-2017]
6.Â
Lot Width.
[Ord. No. 323 § 1, 2-13-2017; Ord. No. 351 § 1, 1-8-2018]
a.Â
The minimum width of an "R-1" lot shall be ninety (90) feet at the
front setback line, provided that where a pre-existing lot has less
width than herein required and met pre-existing width regulations,
this regulation shall not prohibit the erection of a single-family
dwelling.
b.Â
The minimum width of an "R-2" lot shall be one hundred ten (110)
feet at the front setback line, provided that where a pre-existing
lot had less width than herein required and met pre-existing width
regulations, this regulation shall not prohibit the erection of a
two-family dwelling.[1]
[1]
Editor's Note: Original Subsection (B), regarding special
lot usage regulations for accessory uses in the R-1 Residential District,
as added 3-9-2015 by Ord. No. 257, which immediately followed this
Subsection, was repealed 10-9-2017 by Ord. No. 348.
[R.O. 2004 § 404.065; Ord. No.
106 § 1, 7-21-2008]
A.Â
In the "R-3" Multifamily, Apartment House Residential District, the
height of buildings, the minimum dimension of yards and the minimum
lot area per family shall be as follows:
[Ord. No. 351 § 2, 1-8-2018]
1.Â
Height. No building hereafter erected or structurally altered
shall exceed forty-five (45) feet or three and one-half (3Â 1/2)
stories, whichever is less.
2.Â
Front Yard. Any building hereafter constructed shall have a
front yard with a depth of not less than twenty-five (25) feet measured
from the front property line abutting the street right-of-way to the
front line of the building for the first thirty-five (35) feet of
building height with one (1) additional foot of setback for each additional
two (2) feet of building height above thirty-five (35) feet and not
less than fifteen (15) feet to the front line of an open porch or
paved terrace.
3.Â
Rear Yard. There shall be a rear yard having a depth of not
less than twenty-five (25) feet for the first thirty-five (35) feet
of building height with one (1) additional foot of setback for every
two (2) feet of building height above thirty-five (35) feet.
4.Â
Side Yards. There shall be a side yard on each side of a building
having a width of not less than ten (10) feet for the first thirty-five
(35) feet of building height except that not less than twenty-five
(25) feet shall be provided on the street side of a corner lot. For
buildings with a height of more than thirty-five (35) feet, one (1)
additional foot of setback on each side shall be added for every two
(2) feet of building height above thirty-five (35) feet.
5.Â
Lot Area Per Family. Every "R-3" multifamily dwelling hereafter
erected, moved or altered shall provide a lot area of not less than
four thousand (4,000) square feet per family with a minimum lot area
of twelve thousand (12,000) square feet, provided that where a pre-existing
"R-3" lot has less area than herein required and met pre-existing
square footage regulations, this regulation shall not prohibit the
erection of a multifamily dwelling. In determining the lot area, no
part thereof within the limits of the street right-of-way shall be
included.
6.Â
Lot Width. The minimum width of an "R-3" lot shall be one hundred
twenty (120) feet plus thirty (30) feet for each story over two (2)
at the front setback line, provided that where a pre-existing lot
has less width than herein required and met pre-existing width regulations,
this regulation shall not prohibit the erection of a multifamily dwelling.
[R.O. 2004 § 404.066; Ord. No.
106 § 1, 7-21-2008]
A.Â
In the "R-4" Planned Unit Development District, the height of buildings,
the minimum dimensions of yards and the minimum lot area per family
shall be as follows:
1.Â
Height. No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet, except as provided in Section 404.080.
2.Â
Front Yard. Any building hereafter constructed shall have a
front yard with a depth of not less than twenty-five (25) feet to
the front line of the building for the first thirty-five (35) feet
of building height with one (1) additional foot of setback for each
additional two (2) feet of building height above thirty-five (35)
feet and not less than fifteen (15) feet to the front line of an open
porch or paved terrace. See provisions for "R-1."
3.Â
Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet; provided, however, that for lots less than one hundred (100) feet in depth and of record at the time of passage of this Section, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot, except as provided in Section 404.080.
4.Â
Side Yard. There shall be a side yard on each side of a building
having a width of not less than ten (10) feet for a one-story building
and fifteen (15) feet for a two-story building. The additional side
yard is necessary due to the size of buildings.
5.Â
Lot Size. The lot shall provide at least two thousand (2,000)
square feet per living unit.
6.Â
Lot Width. The minimum lot width for construction of a multifamily
dwelling shall be eighty (80) feet plus thirty (30) feet for each
story over two (2).
[R.O. 2004 § 404.070; Ord. No.
106 § 1, 7-21-2008]
A.Â
In the "C-1" Non-Retail Commercial District, the height of buildings,
the minimum dimensions of yards shall be as follows:
1.Â
Height. No building hereafter erected or structurally altered shall exceed forty-five (45) feet or three (3) stories, except as provided in Section 404.080.
2.Â
Front Yard. There shall be a front yard of not less than twenty-five (25) feet, except as provided in Section 404.080.
[R.O. 2004 § 404.071; Ord. No.
106 § 1, 7-21-2008]
A.Â
In the "C-2" Retail Commercial District, the height of buildings,
the minimum dimensions of yards and the minimum lot area shall be
as follows:
1.Â
Height. Buildings or structures shall not exceed three (3) stories
or forty-five (45) feet in height.
2.Â
Front Yard. Any building hereafter constructed shall provide
a front yard, the minimum depth of which shall be twenty-five (25)
feet.
3.Â
Rear Yard. There shall be a rear yard of not less than fifteen
(15) feet, except that when a rear lot line abuts a lot in a residential
district, a rear yard of not less than twenty (20) feet shall be provided.
4.Â
Side Yard. There shall be a side yard of not less than fifteen
(15) feet.
5.Â
Gasoline Sales. Any commercial operation selling gasoline shall
have a minimum of ten thousand (10,000) square feet of lot area to
increase safety.
[R.O. 2004 § 404.075; Ord. No.
106 § 1, 7-21-2008]
A.Â
In the "M-1" Industrial District, the height of buildings, the minimum
dimensions of yards shall be as follows:
1.Â
Height. Any building hereafter erected or structurally modified
shall not exceed fifty (50) feet in height. Structures, not buildings,
shall not exceed one hundred (100) feet in height and shall be set
back from all property lines a distance equal to its height.
2.Â
Yard. Any building hereafter erected or structurally altered
shall provide a front yard of not less than twenty-five (25) feet
and rear and side yards of not less than twenty-five (25) feet.
[R.O. 2004 § 404.080; Ord. No.
106 § 1, 7-21-2008]
A.Â
The regulations and requirements as to height of buildings and area
of lots that may be occupied by buildings, front yards, side yards,
rear yards and other regulations and requirements as stated in the
foregoing Sections shall be subject to the following exceptions and
additional regulations:
1.Â
Height. Public or semipublic buildings, hospitals, sanitariums
or schools may be erected to a height not exceeding seventy-five (75)
feet when each of its front, side and rear yards are increased an
additional foot for each foot such buildings exceed forty-five (45)
feet in height.
2.Â
Area.
a.Â
For the purpose of side yard regulations, a two-family dwelling
shall be considered as one (1) building occupying one (1) lot.
b.Â
In computing the depth or width of a yard for any building where
such yard abuts on an alley, one-half (1/2) of such alley may be assumed
to be a portion of the yard.
c.Â
In computing lot area, no part thereof within the limits of
the street right-of-way shall be included.
d.Â
A through lot having one (1) end abutting a limited access highway,
with no access permitted to that lot from said highway, shall be deemed
to front upon the street that gives access to that lot.
3.Â
Yard Exceptions — Pertaining To Accessory Buildings.
[Ord. No. 348, 10-19-2017]
a.Â
Maximum lot area for all combined detached accessory buildings
is as follows:
Lot Size
|
Maximum Combined Structure Size
|
---|---|
0 to 8,000 square feet
|
560 square feet
|
8,001 to 10,890 square feet
|
800 square feet
|
10,891 to 21,780 square feet
|
1,080 square feet
|
21,781 to 43,559 square feet (1/2 acre)
|
2,000 square feet
|
43,560 square feet (1 acre)
|
2,500 square feet per each acre
|
b.Â
No single detached accessory building within 300 feet of a road
to the front or back of the property shall have a square footage larger
than the square footage of the main dwelling unit.
c.Â
The combined square footage of all attached accessory buildings
shall be no larger than the square footage of the main dwelling unit.
d.Â
In any district, within 300 feet of a road to the front or back
of the property, the height restriction for a detached accessory building
shall not exceed the overall height of the main building.
e.Â
In any district, no single detached accessory building shall
be erected in any required or established front yard and shall not
occupy more than thirty percent (30%) of the required rear yard.
f.Â
A detached accessory building shall not be located within six
(6) feet of any rear property line, nor within ten (10) feet of any
side property line, nor within twenty five (25) feet of a side corner
lot line along any street property line, nor within two (2) feet of
an easement restriction.
4.Â
Other Yard Exceptions In Any District.
a.Â
Every part of a required yard shall be open from its lowest
point to the sky unobstructed, except for the ordinary projection
of sills, belt courses, cornices, buttresses, ornamental features
and eaves; provided, however, that none of these projections shall
extend into a court more than six (6) inches nor into a required yard
more than twenty-four (24) inches.
b.Â
Open or enclosed fire escapes, fireproof outside stairways and
balconies projecting into a minimum yard not more than three and one-half
(3Â 1/2) feet and the ordinary projections of chimneys and flues
may be permitted where same are so placed as not to obstruct the light
and ventilation.
B.Â
In the case of group houses or court apartments, buildings may rear
upon the required side yard, provided:
1.Â
For group houses the required side yard shall be increased by
one (1) foot for each building abutting thereon.
2.Â
For apartment houses the required side yard shall be increased
by one (1) foot for each stairway opening onto or served by such side
yard.
3.Â
The width of the place or court shall not be less than three
(3) times the width of the side yard as required in this provision,
provided that open unenclosed porches may project into a required
place or court not more than twenty percent (20%) of the width of
such place or court.
4.Â
Where a roadway is provided in the place or court, the width
allowed for such roadway shall be in addition to that required above.
5.Â
All other requirements, including front, side and rear yards
shall be complied with in accordance with the district in which such
group houses or court apartments are located.
[Ord. No. 487, 8-8-2022]
A.Â
Standards
for short-term rental uses, shall be as follows:
1.Â
Occupancy. Structures with three (3) bedrooms or fewer shall be limited
to no more than two (2) persons per bedroom. Structures with four
(4) bedrooms or more shall be limited to no more than one and one-half
persons (1 1/2) per bedroom. Where the total allowable occupancy calculation
results in a fraction, the allowable occupancy limit shall be rounded
up.
2.Â
License. Short-term rentals shall attain an annual business license.
3.Â
Display Of Materials. All short-term rental uses shall be required
to conspicuously post the following information within the rental:
a.Â
Name and contact information for the individual responsible for the
day-to-day operations of the rental.
b.Â
A copy of the Certificate of Occupancy.
c.Â
A copy of the approved business license.
d.Â
Refuse and recycling collection schedule.
e.Â
City of Joplin noise ordinance.
f.Â
A statement that no short-term rental shall be rented or used for
the sole purpose of receptions, parties, weddings, or other similar
event.
4.Â
Events. No short-term rental shall be rented or used for the sole
purpose of receptions, parties, weddings, or other similar event.
5.Â
Exterior. There shall be no alteration to the exterior of a structure
or site that changes the residential character of said structure or
site.
6.Â
Parking. Adequate off-street parking shall be provided at a rate
of one (1) space per bedroom.
7.Â
Residential Districts. In the "UD," "R-1," "R-2," "R-3," and "R-4"
Residential Districts, short-term rental uses shall be located no
closer than two hundred (200) feet to any other licensed short-term
rental use. Measurement shall be made from the nearest lot line of
lot in question to the nearest lot line of existing licensed short-term
rental uses.
8.Â
Non-Residential Districts. The "C-1" and "C-2" Non-Residential Districts
shall be limited to not more than two (2) short-term rentals on a
single property.
B.Â
Application
procedure for short-term rental permits shall be as follows:
1.Â
Applications for short-term rental uses shall be filed upon forms
prescribed by the City, setting forth the legal description of the
lot, tract, or parcel of land, together with a general description
of any building or structure thereon, including the approximate size,
square footage, number of bedrooms, and number of parking spaces;
location of the building and parking upon the lot, tract, or parcel;
and any other information deemed necessary by the City Clerk.
2.Â
Applications for short-term rental permits shall be submitted for
approval to the City Clerk.
3.Â
A fee of three hundred fifty dollars ($350.00) shall accompany each
short-term rental application. Said fee shall be deposited with the
City Clerk at the time said application is filed.
C.Â
Short-term
rental permits shall be issued as followed:
1.Â
Short-term rental permits shall be issued or refused by the City Clerk within thirty (30) days after receipt of an application or within such further period as may be agreed to by the applicant. No short-term rental permit shall be issued unless all requirements of the zoning and subdivision regulations are met. In the event of refusal to issue a short-term rental permit upon an application based upon non-compliance with the provisions of this Section, the applicant shall have the right to appeal to the Board of Adjustment as set forth in Section 404.100 of the City Code.
2.Â
The City Clerk shall provide written notice that a short-term rental
application has been received to owners of record of lands located
within at least one hundred eighty-five (185) feet of the property
indicated in said application. Notices shall include a statement that
a complete legal description is available for public inspection and
shall indicate where such information is available. When the notice
has been deposited in the mail, failure of a party to receive such
notice shall not invalidate any subsequent action taken by the City
Clerk. Such notice is sufficient to permit the City Clerk to issue
or refuse a permit.
3.Â
If a protest against such permit is filed in the office of City Clerk,
duly signed by the owners of thirty percent (30%) or more, within
an area determined by lines drawn parallel to and one hundred eighty-five
(185) feet distant from the boundaries of the property indicated in
said application, the application for a short-term rental permit shall
be refused by the City Clerk. Said protest shall be received by the
office of the City Clerk no later than fifteen (15) days after the
date of postmark on the written notice mailed to owners of record
of lands located within at least one hundred eighty-five (185) feet.
[R.O. 2004 § 404.085; Ord. No.
106 § 1, 7-21-2008]
A.Â
Fences Are Regulated In All Areas Of The City. A building permit
and a fence application form which shows a lot sketch, all easements
and the fence location are required and must be submitted to the City
Clerk prior to a fence being installed or rebuilt. An inspection fee
of twenty-five dollars ($25.00) is payable at the time of application.
Generally, fences up to six (6) feet in height are permitted for rear
yard privacy; low profile ornamental fences or walls are permitted
in the front yard. The determination of the eligibility of the proposed
location of the fence shall be made by the City Clerk and Building
Inspector whose decision may be appealed to the Board of Adjustment.
B.Â
The applicant agrees that if the fence application is to place a fence of any type on a dedicated easement, such application shall not waive the right of the City to enter upon said property unobstructed for the purpose of repair or maintenance of its utilities. Further, the applicant agrees that if the City finds it necessary for such access, any obstruction on an easement may be removed by the City as set forth in Section 520.050, Unlawful Obstructions And Deposits.
1.Â
Except as otherwise specifically provided in other codes and
regulations, the following regulations shall apply to the construction
of fences:
a.Â
Fencing for safety purposes shall be required wherever dwellings
or manufactured homes are built or installed on lots abutting major
streets as defined in these regulations or railroad right-of-way.
b.Â
No fence shall be constructed which will constitute a traffic
hazard.
c.Â
Except for property zoned for agricultural use or actually used
for agricultural use, no fence shall be constructed in such a manner
or be of such design as to be hazardous or dangerous to persons or
animals.
d.Â
No person shall erect or maintain any fence which will materially
and unreasonably damage the adjacent property by obstructing the view,
shutting out the sunlight or hindering ventilation or which fence
shall adversely affect the public health, safety and welfare.
e.Â
No fence, except fences erected upon public or parochial school
grounds or in public parks and in public playgrounds, shall be constructed
of a height greater than four (4) feet in the front or six (6) feet
elsewhere; provided, however, that the Commission may, as a special
use, authorize the construction of a fence higher than six (6) feet
if the Commission finds the public welfare is served.
2.Â
It shall be unlawful for any person to erect or maintain any
fence or other like structure except as follows:
a.Â
In "R-1," "R-2" and "R-3," a privacy fence may be erected on
the rear of a property and shall be no more than six (6) feet high.
However, a fence shall not be erected that would place it in front
of the dwelling on the adjoining property. Further, if the rear yard
to be fenced adjoins the property of a dwelling located on a cul-de-sac,
the fence shall not be located closer to the nearest portion of the
midpoint of the dwelling on the adjoining property. The determination
of the proper location of the fence according to the City Code shall
be made by the City Clerk or Building Inspector.
b.Â
Decorative fences may be erected on any lot, except as provided
above, and shall be no more than four (4) feet high and be of open
construction.
c.Â
Security fences may be erected on any business or industrial
lot to a height of not more than twelve (12) feet, except the top
four (4) feet must be open wire or woven wire or barbed wire construction.
d.Â
Open wire fences for the enclosure of private tennis courts
may be constructed to a height of not more than twelve (12) feet but
must be set back from all property lines at least six (6) feet.
3.Â
Materials allowed for construction of a privacy or a decorative
fence include wood, woven wire, chain link, wrought iron, concrete
material and plastic resin. Maximum board width is twelve (12) inches
for solid, staggered or "basket weave" fences. Solid panels such as
plywood, wafer board, etc., will not be allowed, except around construction
sites for public safety and must be removed upon issuance of a certificate
of occupancy.
4.Â
All framework of a wood fence, privacy or decorative, must be
on the inside portion of the fence and all posts of a wire fence must
be inside of the fabric. All posts (except metal "T" line posts) must
be set in concrete to a minimum depth of eighteen (18) inches and
a minimum of four (4) inches by four (4) inches. Metal "T" posts can
be driven.
5.Â
Dilapidated Fences. No person shall permit, cause, keep, maintain
or allow a fence within the corporate limits of the City of Duquesne
in a dilapidated or dangerous condition.
6.Â
Dangerous Fences. Except for property zoned for agricultural use or actually used for agricultural use, any person who shall place or permit to be placed or remain on or along any railroad or building front or any part of a building, fence or premises adjacent or contiguous to any right-of-way or public way or residence any spikes or sharp-pointed cresting or any barbed wire [except as permitted in Subsection (B)(2)(c), Security Fences, above] or electrified fence dangerous or liable to tear, snag, cut or injure anyone coming in contact therewith shall be deemed guilty of an ordinance violation.
7.Â
Declared Nuisance. All fences or other like structures erected
or maintained in violation of this Section are hereby deemed and declared
to be a nuisance and any owner or occupant of a lot or tract of land
upon which a nuisance exists shall be deemed guilty of an ordinance
violation. Each day on which such violation continues shall constitute
a separate offense.
[R.O. 2004 § 404.086; Ord. No.
106 § 1, 7-21-2008]
A.Â
All pools and auxiliary structure and equipment at private residences intended only for the use of the owners and their guests shall comply with the International Residential Code currently in effect pursuant to Section 500.110 of the City Code, a copy of which is on file in the office of the City Clerk.
B.Â
No swimming pool or appurtenances shall be constructed without first
submitting appropriate site plans as requested in the building permit
and before said building permit is approved by the City.
C.Â
Private swimming pools shall not encroach on any front or side yard
required by this Chapter. No wall of a swimming pool shall be located
less than six (6) feet from any rear property line; ten (10) feet
from any side property line; nor fifteen (15) feet from any street
property line. In no instance shall the deck area or other appurtenant
structures be nearer than five (5) feet to an adjoining lot line or,
in the event of an easement restriction, no closer than two (2) feet
from the easement.
D.Â
Private swimming pools, spas and hot tubs shall be enclosed in accordance
with 2000 International Residential Code Section AG 105 Barrier Requirements
or by other approved barriers. These enclosures shall be constructed
within thirty (30) days after the completion of the pool. All other
portable pools, seasonal pools, hot tubs or spas shall be constructed
at time of installation prior to use.
E.Â
This Section shall not be construed to relieve from or lessen the
responsibility or liability of any party owning, operating, controlling
or installing a swimming pool or family pool; nor shall the City or
any of its inspectors, agents or employees be held as assuming any
such liability by reason of the inspection authorized herein or permits
issued as herein provided.
F.Â
A portable spa with a safety cover which complies with ASTM F 1346-91
is exempt from the above guidelines. However, all swimming pools,
hot tubs and non-portable spas with safety covers are required to
have an approved barrier around them.
[Ord. No. 387 § 1, 11-12-2018]
A.Â
AMBIENT SOUND LEVEL
APPLICANT
APPLICATION
AXIS
BLADES
BRAKING
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
CUTOFF ANGLE
DOE
FALL ZONE
FEEDER LINE
GENERATOR NAMEPLATE CAPACITY or NAMEPLATE GENERATING CAPACITY
(INSTALLED)
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HEIGHT, WECS SYSTEM
HORIZONTAL AXIS WIND TURBINES (HAWTs)
INTERCONNECTION
MICRO WIND TURBINE (MWT)
MONOPOLE TOWER
OFF-GRID
PROPERTY LINE
RENEWABLE ENERGY SYSTEM
ROTOR
ROTOR DIAMETER
SHADOW FLICKER
SOLAR ENERGY COLLECTOR
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOUND PRESSURE LEVEL
SWEPT AREA
TOWER
WIND ENERGY CONVERSION SYSTEM (also referred to as a "WECS")
WIND ENERGY CONVERSION SYSTEM, CO-LOCATED
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL
WIND ENERGY CONVERSION SYSTEM, FREESTANDING
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL
WIND ENERGY CONVERSION SYSTEM, SMALL
WIND TURBINE
Definitions.
For purposes of this Section, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular
number and words in the singular number include the plural number.
All capitalized terms used in the definition of any other term shall
have their meaning as otherwise defined in this Section. The words
"shall" and "will" are mandatory and "may" is permissive. The terms
"standards," "regulations," and "requirements" indicate specific items
with which the applicant or property owner must comply. Compliance
with standards, regulations, and requirements is mandatory. Words
not defined shall be given their common and ordinary meaning.
For the purposes of WECS regulations, the sound pressure
level exceeded ninety percent (90%) of the time, or L90, at a given
location. Also, the amount of background noise at a given location
prior to the installation of a WECS, which may include, but is not
limited to, traffic, machinery, general human activity, and the interaction
of the wind with the landscape. Ambient sound level is measured on
the decibel dB(A) weighted scale as defined by the American National
Standards Institute (ANSI).
Any person that applies for a building permit.
The process by which an applicant submits a request and indicates
a desire to be granted a building permit under the provisions of this
Section. An application includes all written documentation, verbal
statements and representations, in whatever form or forum, made by
an applicant to the City concerning such a request.
For purposes of WECS regulations, the plane on which a rotor
or other wind-harnessing mechanism rotates. City regulations do not
differentiate between horizontal and vertical axis WECS.
The aerodynamic surface that catches the wind.
A method of overspeed control that utilizes a disc brake.
A solar energy system affixed to either a principal or accessory
structure on a lot.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source above from which no light is emitted.
The Federal Department of Energy.
For purposes of WECS regulations, the hypothetical area into
which a tower and wind turbine could collapse in the event of a structural
failure.
For purposes of WECS regulations, any power line that carries
electrical power from one (1) or more wind turbines or individual
transformers associated with an individual wind turbine to the point
of interconnection with the electric power grid. In the case of interconnection
with the high voltage transmission systems, the point of interconnection
shall be the substation servicing the WECS.
For purposes of WECS regulations, the maximum rated output
of a generator, prime mover, or other electric power production equipment
under specific conditions designated by the manufacturer. Installed
generator nameplate capacity is commonly expressed in kilowatts (kW)
or megawatts (MW) an in usually indicated on a nameplate physically
attached to the generator.
A solar energy system that is not attached to another structure
and is affixed to the ground.
The height above grade of the WECS, including the generating
unit and the highest vertical extension of any blades or rotors.
The type of wind turbine that has the main rotor shaft and
electrical generator at the top of the tower, and must be pointed
into the wind. The turbine is generally pointed upwind of the tower,
and the blades placed some distance in front of the tower.
For purposes of WECS regulations, sharing energy through
the local utility grid system. This requires an approved interconnection
agreement with the pertinent electric utility provider serving the
site, e.g., Liberty Utilities.
A wind energy conversion system (WECS) consisting of a wind
turbine, tower (unless roof-mounted), and associated control or conversion
electronics, which has a rated capacity of 10 kilowatts or less.
A small scale wind generation facility tower consisting of
a single freestanding pole or spire self-supported on a permanent
foundation constructed without guy wire, ground anchors, or other
supports.
For purposes of WECS regulations, an electrical system that
is not connected, or is not permitted to be connected, to any utility
distribution and transmission facility or to any building or structure
that is connected.
For purposes of WECS regulations, the boundary line of the
area over which the entity applying for WECS permit has legal control
for the purposes of installation of a WECS. This control may be attained
through fee title ownership, easement, or other appropriate contractual
relationship between landowners.
Equipment and appurtenances used in the production of energy
through the conversion of sun and wind energy, which includes solar
energy and wind energy systems.
For purposes of WECS regulations, an element of a WECS that
acts as a multi-bladed airfoil assembly, thereby directly extracting
through rotation the kinetic energy of wind.
For the purposes of WECS regulations, the diameter of the
circle described by the rotor blades. See also "swept area."
For purposes of WECS regulations, alternating changes in
light intensity caused by the moving blades of a wind energy conversion
system that casts moving shadows on the ground and stationary objects.
The component of a solar energy system containing the flat
plate or tube or other devices that absorb energy from the sun when
exposed to sunlight.
The solar energy collectors, electronics, disconnects, valves,
and other appurtenances associated with a solar energy system.
A complete design or assembly consisting of a solar energy
collector, and energy storage facility (where used), and components
of the distribution of transformed energy.
The sound measurement commonly reported in decibels [dB(A)].
For purposes of WECS regulations, the diameter of the least
circle encompassing all blades for a WECS. Also any and all portions
of overhanging blades, turbines, or attachments that oscillate, rotate
or otherwise move, which are not part of the fixed structural elements
of the wind energy conversion system, including those on vertical
axis WECS. See also the definition for "rotor diameter."
For purposes of WECS regulations, the vertical component
of a WECS that elevates and supports the wind turbine generator, rotor
blades, and other equipment above the ground.
The configuration of components including the base, tower,
generator, rotor blades and related equipment to covert the kinetic
energy of wind into electrical energy (e.g., windmill or wind turbine).
A wind energy conversion system which has a nameplate rated capacity
of up to one hundred (100) kilowatts and is incidental and subordinate
to a principal use on the same parcel.
A WECS that is mounted on a tower or pole structure which
serves another primary purpose such as a flagpole. Co-located systems
are permitted per the rules of this Chapter, so long as the principal
use or structure is located on the subject parcel.
A WECS that is intended to produce electricity for sale to
a rate-regulated or non-regulated utility or for use off site. For
the purpose of this Section, a commercial WECS has a total nameplate
generating capacity equal to or greater than one hundred (100) kW.
A WECS that is elevated by means of a monopole tower and
is not located on another supporting structure. Guyed, lattice, or
other non-monopole style towers shall not meet this definition.
A WECS of less than one hundred (100) kW in total nameplate
generating capacity that is not operated on a for-profit basis. A
WECS that is interconnected with the pertinent electric utility or
that receives credits or rebates for energy transmitted to the power
grid is not by that reason alone operated on a for-profit basis.
A WECS of less than ten (10) kW in total nameplate generating
capacity.
A piece of electrical generating equipment that aids in the
conversion of the kinetic energy of wind into electrical energy.
B.Â
Wind
Energy Conversion Systems (WECS).
1.Â
General Provisions. The City of Duquesne finds and declares that
wind energy is an abundant, renewable and non-polluting energy resource
of the City and that its conversion to electricity will reduce our
dependence on non-renewable energy sources and decreases the air and
water pollution that results from the use of conventional energy sources.
a.Â
The City of Duquesne further finds and declares that:
(1)Â
Wind turbines that convert wind energy to electricity are currently
available on a commercial basis from many manufacturers.
(2)Â
The generation of electricity from properly sited wind turbines
can be cost effective and, in many cases, exiting power distribution
systems can be used to transmit electricity from wind-generating stations
to utilities or other users.
(3)Â
Regulation of the location and installation of wind turbines
is necessary for the purpose of protecting the health and safety of
neighboring property owners and the general public.
b.Â
Windmills used for the production of electric current or wind energy
conversion systems (WECS) are permitted subject to the following general
conditions:
(1)Â
The primary purpose of the WECS device must be to provide power
for the principal use of the property on which it is located and shall
not be for the generation of power for commercial purposes. This provision
shall not be interpreted to prohibit the sale of excess power generated
from time to time.
(2)Â
The WECS and its location on the property involved shall be
designed in such a manner as to eliminate any nuisances to surrounding
properties and to limit any noise from said WECS from being heard
beyond the boundaries of the property where said WECS is located.
(3)Â
No variance shall be granted in connection with a proposed WECS
to permit a height greater than allowed in this Chapter for each district.
The height of the device shall be defined as the distance between
the base of the tower and the highest point of the wind energy conversion
system. For a horizontal axis wind turbine, the highest point shall
be the highest vertical point of the swept rotor arc. No device may
be located so close to a property line or building as to result in
any portion of the device at any time, whether erect or in the event
that the device should fall or be toppled, to overhang, cross or otherwise
extend beyond the property line.
(4)Â
The minimum distance between the ground and any rotor shall
be twenty (20) feet.
(5)Â
No WECS shall be located in any required front yard area.
(6)Â
No WECS device shall be permitted which causes interference
with the reception of television, radio or other communications signals
for adjoining properties.
(7)Â
An automatic braking, governing or feathering system shall be
required to prevent uncontrolled rotation.
(8)Â
All electrical wires associated with a wind energy system shall
be located underground except for those wires necessary to connect
the wind generator to the tower wiring, the tower wiring to the disconnect
junction box, and the grounding wires.
(9)Â
No television, radio, or other communication antenna may be
affixed or otherwise made a part of a WECS.
(10)Â
Only monopole non-commercial WECS are permitted.
2.Â
Specific Requirements.
a.Â
Permits. Only one (1) WECS is allowed per lot. A renewable energy permit application is required for all systems and shall be submitted to the City of Duquesne, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Duquesne in Section 500.060, Application And Fees. A renewable energy permit application, which will act as the building permit, upon approval from the City Building Inspector shall include the following information:
(1)Â
Name and address of applicant.
(2)Â
Evidence that the applicant is the owner of the premises involved
or that owner has granted permission on a renewable energy permit
application.
(3)Â
A plot plan and development plan drawn in sufficient detail
to clearly describe:
(a)Â
Property lines and physical dimensions of the site.
(b)Â
Location, approximate dimensions and types of major existing
structures and uses on site.
(c)Â
Location and elevation of the proposed WECS.
(d)Â
Location of all aboveground utility lines on site or within
one (1) radius of the total height of the WECS.
(e)Â
Location and size of structures and trees above thirty-five
(35) feet for all immediate and adjacent properties of the proposed
WECS. For purposes of this requirement, electrical transmission and
distribution lines, antennas and slender or open lattice towers are
not considered structures.
(f)Â
Show the zoning designation of immediate and adjacent sites.
(g)Â
Include make, model, picture and manufacturer's specifications,
including noise decibels.
(4)Â
No building permit shall be issued for a system until a copy
of the utility company's approval for interconnection of a customer-owned
generator has been provided. Off-grid systems shall not be permitted,
unless by special use permit approval.
b.Â
Installation And Operation. Installation of all wind energy conversion
systems shall comply with the following requirements:
(1)Â
Compliance with National Electrical Code, International Building
Code, and International Residential Code.
(a)Â
WECS applications shall be accompanied by a line drawing identifying
the electrical components of the wind system to be installed in sufficient
detail to allow for a determination that the manner of installation
conforms to the National Electrical Code, International Building Code,
and International Residential Code as currently adopted by the City.
The application shall include a statement from a registered professional
engineer or licensed electrician indicating that the electrical system
conforms with good engineering practices and complies with the National
Electrical Code. This certification would normally be supplied by
the manufacturers. All equipment and materials shall be used or installed
in accordance with such drawings and diagrams.
(b)Â
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a registered professional engineer
for compliance with the requirements of the National Electrical Code
and good engineering practices.
(2)Â
Rotor Safety. Each wind energy conversion system must be equipped
with both manual and automatic controls to limit the rotational speed
of the blade below the design limits of the rotor. The application
must include a statement by a registered professional engineer certifying
that the rotor and overspeed controls have been designed and fabricated
for the proposed use in accordance with good engineering practices.
The engineer should also certify the structural compatibility of possible
towers with available rotors. This certification would normally be
supplied by the manufacturer and include the distance and trajectory
of the thrown blade from an exploding turbine or propeller according
to the Loss of Blade Theory.
(3)Â
Tower Access. Towers should have either:
(a)Â
Tower-climbing apparatus located no closer than twelve (12)
feet from the ground;
(b)Â
A locked anti-climb device installed on the tower; or
(c)Â
The tower shall be completely enclosed by a locked, protective
fence at least six (6) feet high. A fence permit must be obtained
if constructing a new fence to meet this requirement.
(4)Â
Noise. The WECS shall meet the requirements of any existing
noise ordinance of the City of Duquesne.
(5)Â
Electromagnetic Interference. The wind energy conversion system
shall be operated in a manner such that no disruptive electromagnetic
interference is caused. If it has been demonstrated to a City Inspector
that a wind energy conversion system is causing harmful interference,
the operator shall promptly mitigate the harmful interference.
(6)Â
Signs. At least one (1) sign shall be posted at the base of
the tower warning of electrical shock or high voltage. Systems shall
not be used as signs or used to support signage. Exceptions include
appropriate warning signage and reasonable identification of the manufacturer,
installer, or operator.
(7)Â
Setbacks.
(a)Â
The WECS shall be set back from any property line, aboveground
utility line or other WECS a distance greater than two (2) times its
overall height, including blades, to property lines, and three (3)
times its overall height to any structures.
(b)Â
Contiguous property owners may construct a WECS for use in common,
provided that the required setback is maintained relative to the property
lines of non-participant owners.
(8)Â
Structural Integrity. The applicant must submit a written certification
from a Missouri-licensed structural engineer providing details of
the weight of the WECS, certifying that the supporting structure has
the structural integrity to carry the weight and wind loads of the
WECS.
(9)Â
Abatement. The City reserves the right to perform an inspection
periodically to verify the system is being maintained. If a wind energy
conversion system or systems are not maintained in operational condition
for a period of six (6) months and/or pose a potential nuisance or
safety hazard, the owner or operator shall take expeditious action
to remedy the situation. The City reserves the authority to abate
any hazardous situation and to pass the cost of such abatement on
to the owner or operator of the system. If the City determines that
the WECS has been abandoned and/or poses a nuisance or safety hazard,
the system shall be removed within forty-five (45) days of written
notice to the owner or operator of the system.
(10)Â
Lighting Of The Tower. Lighting of the tower for aircraft and
helicopter will conform with FAA standards for wattage and color.
(11)Â
Environmental Impact. The project must be viewed for visual
pollution and for a possible environmental impact statement. Systems
shall be a neutral, non-reflective color designed to blend with the
surrounding environment.
(12)Â
Shadow Flicker. No WECS shall be installed and operated in a
manner that causes shadow flicker to fall on or in any residential
dwelling existing at the time of application to install a WECS is
received by the City. The applicant has the burden of proving that
this effect does not have significant adverse impact on neighboring
or adjacent uses, either through siting or mitigation. Shadow flicker
expected to fall on an adjacent parcel or roadway may be acceptable
if the flicker does not exceed thirty (30) hours per calendar year.
If such flicker is likely, the applicant shall, at the applicant's
sole expense, furnish a flicker study for City review.
C.Â
Solar
Energy Systems.
1.Â
Purpose. The purpose of this Subsection is to balance the need for
clean, renewable energy resources and the necessity to protect the
public health, safety and welfare of the community. The City of Duquesne
finds these regulations are necessary to ensure that solar energy
systems are appropriately designed, sited, and installed.
2.Â
General Provisions. The provisions of this Section shall apply to
the construction and /or installation of all roof- and ground-mounted
solar panels:
a.Â
Solar energy panels are allowed in all zoning districts as an accessory
use to the principal use of the property.
b.Â
All accessory solar panel installations shall provide documentation
to the City of Duquesne verifying the compliance with the renewable
energy requirements.
c.Â
Solar energy systems shall be documented by the manufacturer as being
non-reflective pursuant to recognized engineering standards showing
reflectivity of less than 30 percent (30%) or shall be placed such
that concentrated sunlight or glare shall not be directed onto nearby
properties or streets.
d.Â
Solar energy equipment must comply with all setback and lot coverage
requirements for the zoning district in which the property is located.
e.Â
All power transmission lines from a structure- or ground-mounted
solar energy system to any building, structure, or utility pole/line
shall be located underground.
f.Â
A solar energy system shall not be used to display advertising, including
signage, streamers, pennants, reflectors, balloons, flags, banners
or similar materials. The manufacturer's information and equipment
information, warning, or indication of ownership shall be allowed
on any equipment of the solar energy system provided that the signage
is not for advertising purposes.
g.Â
All active solar systems shall meet approval of the City of Duquesne's
construction codes. Installation must conform to the National Electrical
Code, International Building Code, and International Residential Code
as currently adopted by the City.
h.Â
All exterior electrical or plumbing lines must be painted in a color
scheme that matches as closely as possible the color of the structure
and the materials adjacent to the lines when visible from the street.
i.Â
No solar energy system shall be installed until evidence has been
presented to the City of Duquesne that the owner has submitted notification
to the utility company of the customer's intent to install an interconnected
customer owned generator. Off-grid systems shall not be permitted,
unless by special use permit approval.
j.Â
Any other uses of solar energy systems not contained in this Section
must be approved through the process of a special use permit.
k.Â
Abatement. The City reserves the right to perform an inspection periodically
to verify the system is being maintained. If a renewable energy system
has been abandoned [meaning not having been in operation for a period
of six (6) months], is defective or is deemed to be unsafe by the
City Inspector, the renewable energy system shall be required to be
repaired by the owner to meet Federal, State and local safety standards,
or be removed by the property owner within forty-five (45) days of
written notice to the owner operator of the system. The City reserves
the authority to abate any hazardous situation and to pass the cost
of such abatement on to the owner or operator or the system.
3.Â
Specific Requirements.
a.Â
Permits. A renewable energy source system application is required for all systems and shall be submitted to the City of Duquesne, accompanied with the appropriate permit fee and inspection fees applicable set forth by the City of Duquesne in Section 500.060, Application And Fees. The renewable energy source permit application, which will act as the building permit, upon approval from the City Inspector, shall include the following information:
(1)Â
Name and address of applicant.
(2)Â
Evidence that the applicant is the owner of the premises involved
or that owner has granted permission on renewable energy source permit.
(3)Â
A plot plan and development plan drawn in sufficient detail
to clearly describe:
(a)Â
Property lines and physical dimensions of the site.
(b)Â
Location, approximate dimensions and types of major existing
structures and uses on site.
(c)Â
Location and elevation of the proposed solar energy system.
(d)Â
Roof-mounted systems require drawings indicating roof dimensions,
a North arrow and bar scale of drawing, and show all ridge line or
parapets for roof-mounted solar system. Identify all vents, chimneys,
or other apparatus, including vertical objects (i.e., trees), that
may affect the placement of the panel. Provide details of the overall
size of the panel array and the arrangement of the array.
(e)Â
Ground-mounted solar systems require drawings, including North
arrow and bar scale, lot dimensions, identify all streets adjacent
to lot, identify easements and setbacks, provide details of solar
unit's maximum height from grade and overall size of panel array,
and any screening details (vegetation, fencing, etc.), provide distances
from existing structures, trees, fences, and adjacent property lines.
(f)Â
Electrical, plumbing, and structural engineering information
and drawings.
(g)Â
Provide detailed drawings of support structures or footings
where applicable.
(h)Â
A picture showing the sample colors for the proposed solar energy
system and the structure's roof material.
(i)Â
A copy of the design approval letter from the utility company
shall be submitted for customers requesting to interconnect to the
utility company's electrical grid.
(j)Â
Include make, model, picture and manufacturer's specifications.
b.Â
Installation And Operation. Installation of all solar energy systems
shall comply with the following requirements:
(1)Â
Compliance with National Electrical Code, International Building
Code, and International Residential Code.
(a)Â
Renewable energy system applications shall be accompanied by
a line drawing identifying the electrical components of the solar
system to be installed in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code, International Building Code, and International Residential Code
as currently adopted by the City. The application shall include a
statement from a registered professional engineer or licensed electrician
indicating that the electrical system conforms with good engineering
practices and complies with the National Electrical Code. This certification
would normally be supplied by the manufacturer. All equipment and
materials shall be used or installed in accordance with such drawings
and diagrams.
(b)Â
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a registered professional engineer
for compliance with the requirements of the National Electrical Code
and good engineering practices.
(2)Â
Ground-Mounted Solar Energy Systems.
(a)Â
Ground-mounted solar energy systems shall only be located in
the side or rear yard of a property.
(b)Â
Ground-mounted solar energy systems and supporting structures
may not exceed a total height of eight (8) feet if property is one
(1) acre or less, fifteen (15) feet on property larger than one (1)
acre, as measured from the average grade at the base of the supporting
structure to the highest edge of the system.
(c)Â
Ground-mounted solar energy systems must be substantially screened
from public view (including adjacent properties and public rights-of-way)
by fencing, walls, plantings, or other architectural feature or any
combination thereof; provided, however, that the screening shall not
be required to be so dense, so tall, or so located as to render the
equipment essentially non-functional.
(d)Â
The area underneath the ground-mounted solar panels shall be
well maintained with the installation of mulch, landscaping rocks,
maintained grass, pavement, or other attractive materials.
(e)Â
If a ground-mounted solar energy system is removed, any earth
disturbance as a result of the removal of the ground-mounted solar
energy stem shall be graded and reseeded.
(3)Â
Roof-Mounted Solar Energy Systems.
(a)Â
Solar panels shall be permitted on any sloped roof if the panels
are mounted flush or parallel to the roof plane. Parallel mounting
shall be placed no more than eight (8) inches higher than the roof
surface.
(b)Â
When located on a sloped roof, solar panels shall be set back
at least two (2) feet from any outside edge, ridge, or valley of the
roof and shall not exceed the height of the roofline.
(c)Â
When located on a sloped roof, solar panels shall be positioned
in a symmetrical fashion and centered on the plane of the roof on
which they are located.
(d)Â
A solar panel shall be permitted to project away from a flat
roof if the solar panels are screened on all four (4) sides from all
adjacent streets or properties with a material that matches or complements
the architecture of the building.
(e)Â
The applicant must submit a written certification from a Missouri-licensed
structural engineer providing details of the weight of each panel
or array per square foot and certifying that the supporting structure
has the structural integrity to carry the weight and wind loads of
the solar energy system.
D.Â
Penalties
For Offenses. Any person who violates any provision of this Section
shall be subject to a fine not to exceed five hundred dollars ($500.00),
imprisonment not to exceed fifteen (15) days, or both such fine and
imprisonment.
[R.O. 2004 § 404.090; Ord. No.
106 § 1, 7-21-2008]
A.Â
The owner or owners of any tract of land comprising an area of not
less than one (1) acre may submit to the Board of Adjustment a plan
for the use and development of such tract of land for residential
purposes and if such development plan is approved after public notice
and hearing by the Board and after study and report by the City Planning
and Zoning Commission, the application of the use, height, yard and
lot regulations and other regulations established herein may be modified
by the Board of Adjustment in accordance with the development plan,
provided that under said development plan the appropriate use of property
adjacent to the area included in said plan is properly safeguarded
and that said plan is consistent with the intent and purposes of this
Chapter to promote public health, safety, morals and general welfare.
B.Â
If an adverse report is given by the City Planning and Zoning Commission
concerning the development plan or any portion thereof, then said
plan may only be approved by the Board of Adjustment by a four-fifths
(4/5) vote of the entire membership.
[R.O. 2004 § 404.100; Ord. No.
106 § 1, 7-21-2008]
A.Â
A Board of Adjustment is hereby established in accordance with the
provisions of Chapter 89, RSMo., regarding the zoning of cities.
B.Â
The Board of Adjustment shall consist of five (5) residents appointed
by the Mayor and approved by the Board of Aldermen. The term of the
office of the members of the Board of Adjustment shall be for five
(5) years, excepting that five (5) members first appointed shall serve
respectively for terms of one (1) year; two (2) years; three (3) years;
four (4) years; and five (5) years; thereafter members shall be appointed
for terms of five (5) years each. Three (3) alternate members may
be appointed to serve in the absence of or the disqualification of
the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant. The members shall elect their
own Chairman, Vice Chairman and Secretary who shall serve for one
(1) year. The Board of Adjustment shall adopt rules in accordance
with the provisions of any ordinance adopted pursuant to Sections
89.010 to 89.140, RSMo. Meetings of the Board of Adjustment shall
be held at the call of the Chairman and at such other times as the
Board of Adjustment may determine. Such Chairman, or in his/her absence
the Vice Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Adjustment shall be open
to the public. The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon question or, if absent or failing
to vote, indicating such fact and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the City Clerk and shall be a public record. All
testimony, objections thereto and rulings thereon shall be recorded
by a transcriptionist. The presence of three (3) members of the Board
of Adjustment shall constitute a quorum for the transaction of business;
however, the concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of any such City administrative official to decide in
favor of applicant.
C.Â
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this Chapter, the Board
of Adjustment may authorize a variation of the application of the
use, height and area regulations so that the spirit of this Chapter
shall be observed, public safety and welfare secured and substantial
justice done.
D.Â
The Board of Adjustment shall not have the power to change the classification
of property as shown on the Zoning District Map nor to make any changes
in the regulations of the Zoning Code but shall interpret the Zoning
Code and authorize variations.
E.Â
The Board of Adjustment shall have the following powers and it shall
be its duty:
1.Â
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by the City
administrative official in the enforcement of Sections 89.010 to 89.140,
RSMo.
a.Â
Appeals to the Board of Adjustment may be taken by the person
aggrieved, by any neighborhood organization as defined in Section
32.105, RSMo., representing such person, or by any officer, department
or bureau of the government affected by any decisions of the administrative
official. Such appeal shall be taken within a reasonable time, as
shall be prescribed by the Board of Adjustment by general rule, by
filing with the City Clerk and with the Secretary of the Board of
Adjustment notice of appeal specifying the grounds thereof. The administrative
official shall forthwith transmit to the Secretary of the Board of
Adjustment all papers constituting the record upon which the action
appealed from is taken. The concurring vote of four (4) members of
the Board of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of any such City administrative official
to decide in favor of applicant.
b.Â
An appeal stays all proceedings in furtherance of the action
appealed from, unless the administrative official certifies to the
Board of Adjustment, after the notice of appeal shall have been filed
with him/her, that by reason of facts stated in the certificate, a
stay would, in his/her opinion, cause immediate peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment
or by a court of record on application or notice to the administrative
official whom the appeal is taken and on due cause shown.
2.Â
Permit a temporary building for commerce or industry in a dwelling
district which is incidental to the residential developments, such
permit to be issued for a period of not more than one (1) year.
3.Â
To interpret the provisions of this Chapter in such a way as
to carry out the intent and purpose of the plan, as shown on the map
fixing the several districts accompanying and made a part of this
Chapter where the street layout actually on the ground varies from
the street layout as shown on the map aforesaid.
4.Â
To interpret and vary the application of the side, rear and
front yard regulations and parking requirements in specific cases
so as to carry out the intent and purpose of this Chapter.
5.Â
To authorize upon appeal in specific causes such variance from
the terms of this Chapter as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of this Chapter will result in unnecessary hardship, so that the spirit
of this Chapter shall be observed and substantial justice done.
a.Â
The applicant must show that his/her property was acquired in
good faith and where by reason of exceptional narrowness, shallowness
or shape of this specific piece of property at the time of the effective
date of the district zoning regulations or where by reason of exceptional
topographical conditions or other extraordinary or exceptional circumstances,
that the strict application of the terms of the zoning regulations
actually prohibits the use of his/her property in the manner similar
to that of other property in the zoning district where it is located.
b.Â
A request for a variance may be granted upon a finding of the
Board of Adjustment that all of the following conditions have been
met. The Board of Adjustment shall make a determination of each condition
and the finding shall be entered in the record.
(1)Â
The variance requested arises from such condition
which is unique to the property in question and which is not ordinarily
found in the same zone or district and is not created by an action
or actions of the property owner or applicant.
(2)Â
The granting of the permit for the variance will
not adversely affect the rights of adjacent property owners or residents.
(3)Â
The strict application of the provisions of the
zoning regulations of which the variance is requested will constitute
unnecessary hardship upon the property owner represented in the application.
(4)Â
The variance desired will not adversely affect
the public health, safety, quality of life order, convenience, prosperity
or general welfare.
(5)Â
The granting of the variance desired will not be
opposed to the general spirit and intent of the zoning regulations.
(6)Â
The variance requested is the minimum variance
that will make possible the reasonable use of the land or structure.
6.Â
Conditions Of Determination. In exercising the above-mentioned
powers such Board of Adjustment may, in conformity with the provisions
of Sections 89.010 to 89.140, RSMo., reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the
officer from whom the appeal is taken, may attach appropriate conditions
and may issue or direct the issuance of a permit. A majority of the
Board of Adjustment shall constitute a quorum for the transaction
of business and a concurring vote of four (4) members of the Board
of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official or to
decide in favor of the applicant on any matter upon which it is required
to pass under any such zoning ordinance or regulation or to effect
any variation in such zoning ordinance or regulation. Upon the hearing,
any party may appear in person or by agent or by attorney.
7.Â
Applications. The procedure for requesting a hearing before
the Board of Adjustment shall be as follows:
a.Â
All applications to the Board of Adjustment shall be in writing
on forms approved by the Board of Adjustment and provided by the City.
b.Â
The Board of Adjustment shall fix a reasonable time for the
hearing of an application and notice of the time, place and subject
of each hearing shall be published in the official newspaper (as designated
by the Board of Aldermen) at least fifteen (15) days prior to the
date fixed for the public hearing. The City Clerk shall send a copy
of the notice of public hearing to each party of interest and to the
Commission. In addition, the City Clerk will supervise the proper
posting of subject property by the applicant.
c.Â
An application shall be accompanied by a filing fee in the amount
of six hundred dollars ($600.00). In addition, the applicant shall
be responsible for the cost of any required transcript of any required
hearing. In addition to the above requirements, the City may require
additional information as deemed necessary.
[Ord. No. 363 § 1, 5-14-2018]
8.Â
Appeals.
a.Â
An application for an appeal shall be filed within sixty (60)
days after a ruling has been made by the administrative official.
b.Â
A copy of the order, requirement, decision or determination
of the administrative official which the appellant believes to be
in error.
c.Â
A clear and accurate written description of the proposed use,
work or action in which the appeal is involved and a statement justifying
the appellant's position.
d.Â
Where necessary, a plot plan, drawn to scale, shall be submitted
in duplicate showing existing and proposed plans for the area in question.
9.Â
Variances.
a.Â
The applicant shall submit a written statement justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested and outlining in detail the manner in which it is believed that this application will meet each of the six (6) conditions as set out in Section 404.100(E)(5)(b).
b.Â
The applicant shall submit a sketch, in duplicate, drawn to
scale and showing the lot or lots included in the application, the
structures existing thereon and the structures contemplated necessitating
the variance requested. All appropriate dimensions should be included
and any other information which would be helpful to the Board of Adjustment
in consideration of the application.
10.Â
Performance. In making any decision varying or modifying any
provisions of the zoning regulations or in granting an exception to
the district regulations, the Board of Adjustment shall impose such
restrictions, terms, time limitations, landscaping and other appropriate
safeguards to protect adjoining property.
a.Â
The Board of Adjustment may require a performance bond to guarantee
the installation of improvements such as parking lot surfacing, landscaping,
etc. The amount of the bond shall be based on a general estimate of
cost for the improvements as determined by the Board of Adjustment
and shall be enforceable by or payable to the Board of Aldermen in
the sum equal to the cost of constructing the required improvements.
b.Â
In lieu of the performance bond requirement, the Board of Adjustment
may specify a time limit for the completion of such required improvements
and, in the event the improvements are not completed within the specified
time, the Board of Adjustment may declare the granting of the application
null and void after reconsideration.
11.Â
Who May Appeal The Board Of Adjustment Decision. Any person
or persons jointly or severally aggrieved by any decision of the Board
of Adjustment, any neighborhood organization as defined in Section
32.105, RSMo., representing such person or persons or any officer,
department, board or bureau of the municipality may present the Circuit
Court of the County or City in which the property affected is located
a petition, duly verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the illegality and
asking for relief therefrom. Such petition shall be presented to the
court within thirty (30) days after filing of the decision in the
office of the Board.
12.Â
Decisions Subject To Review — Procedure. Upon the presentation
of such petition the court may allow a writ of certiorari directed
to the Board of Adjustment to review such decision of the Board of
Adjustment and shall prescribe therein the time within which a return
thereto must be made and served upon the relator's attorney, which
shall not be less than ten (10) days and may be extended by the court.
Costs shall not be allowed against the Board of Adjustment unless
it shall appear to the court that it acted with gross negligence or
in bad faith or with malice in making the decision appealed from.
All issues in any proceedings under Sections 89.080 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.
[R.O. 2004 § 404.110]
A.Â
Procedures. All requests for building permits required by this Section and Section 500.060 of this Code shall be filed upon forms prescribed by the City setting forth the legal description of the lot, tract or parcel of land together with a general explanation of the intended land use and description of any building or structure proposed to be constructed, erected, placed or altered thereon. Any building or structure proposed shall be accompanied by a plat or drawing showing the following: the location of the building or structure upon the lot, tract or parcel; accurate dimensions of the building and lot; the location of present and proposed utility easements, drainage easements, stormwater control plans; topographic elevations upon request; and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of the original copy of such applications and drawings shall be kept in the office of the City Clerk and a duplicate copy shall be kept at the building site at all times during construction.
B.Â
Period Of Validity For Building Permits. Building permits shall become
null and void six (6) months after the date on which each is issued
unless within such six-month period construction, moving, remodeling
or reconstruction of a structure is commenced.
C.Â
Plat Diagrams And Site Plan Review. All applications for building permits for single-family and two-family dwellings and buildings accessory to single-family and two-family dwellings must include a plat diagram; all other applications for building permits shall be subject to the site plan review process and regulations as set forth in Section 404.115.
D.Â
Revocation Of Building Permit. The permit may be revoked by the official
issuing the permit at any time prior to the completion of the use,
building, structure, placement or sign for which the same was issued,
when it appears to such official that one (1) or more of the following
conditions is present:
1.Â
There is departure from the plans, specifications or conditions
as required under the terms of the permit;
2.Â
That the permit was procured by false representation;
3.Â
That the permit was issued by mistake; or
4.Â
That any of the provisions of the Building Code or City codes are being violated. Written notice of such revocation from the City of Duquesne shall be served by a City Official upon the owner, the owner's agent or contractor or upon any person employed in the building or structure for which such permit was issued. In addition, a copy of the revocation notice shall be posted in a prominent location of the property. Where notice of revocation has been served and posted, no future construction or use of the property shall proceed. Any revocation of a permit may be appealed to the Board of Adjustment as provided in Section 404.100, Jurisdiction and Powers of Board of Adjustment, of this Chapter.
[R.O. 2004 § 404.114; Ord. No.
106 § 1, 7-21-2008]
A.Â
Intent. The City of Duquesne recognizes that commercial land development creates the potential for traffic congestion, adverse visual environmental impacts and health problems. The City seeks to ensure that commercial development has a working forum that creates a partnership to achieve the goal of promoting growth in Duquesne. The commercial property preliminary site plan review seeks to balance the needs of the City for providing safety, services and convenience to its residents with that of the needs of the commercial developer. The commercial property preliminary site plan review provides a forum where a developer can propose conceptual or preliminary commercial development and receive the feedback needed to move forward from the concept phase to the engineering and construction phases. Provided, however, neither feedback nor City approval of a preliminary site plan shall be construed to constitute a waiver of or substitute for the site plan review process set forth in Section 404.115 of this Code. The City seeks to ensure that any location that must accommodate intense urban uses shall be subject to the preliminary site plan review process by the City Clerk, Building Inspector, Planning and Zoning Commission and the Board of Aldermen.
B.Â
Applicability. All application for land use permits or building permits
for multifamily, commercial or industrial property on a lot in the
zoning districts "R-3," "R-4," "C-1," "C-2" and "M-1" shall be subject
to the preliminary site plan review.
C.Â
Authority. Land use permits or building permits shall not be issued
for any use of land or proposed construction on a lot in the zoning
districts in which preliminary site plan review is applicable, unless
site plan review approval has been granted.
D.Â
Submission Requirements. The preliminary site plan shall include
the following data, details and supporting plans which are found relevant
to the proposal. The number of pages submitted to the City Clerk will
depend on the proposal's size and complexity. Preliminary site plans
shall be prepared by a registered professional engineer, architect
or land surveyor registered in the State of Missouri; architect at
a scale of one (1) inch equals one hundred (100) feet for the project.
Items required for submission include:
1.Â
Name of project, address, boundaries, date, north arrow and
scale of the plan and legal description of the land.
2.Â
Name and address of the owner of record, developer and engineer,
architect or land surveyor.
3.Â
All existing lot lines, survey pin locations, include area in
acres or square feet.
4.Â
The location of all present and proposed structures within the
development. Include square feet of the building, setbacks from lot
lines and any conceptual drawings of the buildings.
5.Â
The location of all present and proposed parking areas, driveways
and sidewalks.
7.Â
Topography (unless specifically waived) with contour intervals
of not more than two (2) feet except where the ground is too flat
for contours, spot elevation shall be provided.
[R.O. 2004 § 404.115; Ord. No.
106 § 1, 7-21-2008]
A.Â
Intent.
1.Â
The City of Duquesne recognizes that the very nature of land
development creates the potential for traffic congestion, overcrowding,
adverse visual environmental impacts and health problems. Also, the
City strives to achieve the goal of promoting growth in Duquesne,
while stabilizing the established residential patterns of the area.
The City seeks to ensure that any location that must accommodate intense
urban uses shall be subject to site plan review by the City Clerk,
City Engineer, Commission and the Board of Aldermen. Site plan review
shall help ensure compliance with the meaning and intent of the zoning
regulations.
2.Â
The site plan review regulates the development of structures
and sites in a manner which considers the following concerns:
a.Â
The balancing of landowners' rights to use their land with the
rights of abutting and neighboring landowners to live without undue
disturbances (e.g., noise, smoke, fumes, dust, odors, glare, stormwater
runoff, etc.);
b.Â
The convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent areas or roads;
c.Â
The adequacy of waste disposal methods and protection from pollution
of surface or ground water;
d.Â
The protection of historic and natural environmental features
on site under review and in adjacent areas;
e.Â
The stability of the built environment — particularly
residential neighborhoods — by promoting urban development which
is compatible with clearly identified natural resources; and
f.Â
The development guidelines set out in the City Comprehensive
Plan.
B.Â
Applicability. All applications for land use permits or building
permits, other than for single-family and two-family dwellings and
buildings accessory to single-family or two-family dwellings, shall
be subject to site plan review.
C.Â
Authority. Land use permits or buildings permits shall not be issued
for any use of land or proposed construction on a lot in the zoning
districts in which site plan review is applicable, unless site plan
review approval has been granted.
D.Â
Submission Requirements.
1.Â
The site plan shall include the following data, details and
supporting plans which are found relevant to the proposal. The number
of pages submitted to the City Clerk will depend on the proposal's
size and complexity. The applicant shall make notations explaining
the reasons for any omissions.
2.Â
Site plans shall be prepared by a registered professional engineer,
architect or land surveyor registered in the State of Missouri; architect
at a scale of one (1) inch equals one hundred (100) feet for projects
one thousand two hundred (1,200) square feet or larger. Items required
for submission include:
a.Â
Name of project, address, boundaries, date, north arrow and
scale of the plan.
b.Â
Name and address of the owner of record, developer and seal
of the engineer, architect or land surveyor.
c.Â
Name and address of all owners of record of abutting parcels.
d.Â
All existing lot lines, survey pin locations, easements and
rights-of-way. Include area in acres or square feet, abutting land
uses and structures.
e.Â
The location and use of all existing and proposed structures
within the development. Include all dimension of heights and floor
area and show all exterior entrances and all anticipated future additions
or alterations.
f.Â
The location of all present and proposed public and private
ways, parking areas, driveways, sidewalks, ramps, curbs and fences.
Location, type and screening details for all waste disposal containers
shall be shown.
g.Â
The location, height, intensity and bulb type of all external
lighting fixtures. The direction of illumination methods to eliminate
glare onto adjoining property must also be shown.
h.Â
The location, height, size, materials and design of all proposed
signage in conformance with the Duquesne City Code.
i.Â
The landscape plan which shows all existing open space, trees,
forest cover, water sources and all proposed changes to these features.
In addition the size, type, location and number of plant materials
existing or proposed as well as a notation of all areas to be seeded
and sodded shall be shown.
k.Â
Plans to prevent the pollution of surface or ground water, erosion
of soil both during and after construction, excessive runoff, excessive
raising or lowering of the water table and flooding of other properties,
as applicable.
l.Â
Topography (unless specifically waived) with contour intervals
of not more than two (2) feet except that, where the ground is too
flat for contours, spot elevation shall be provided.
m.Â
Zoning district boundaries adjacent to the site's perimeter
shall be drawn and identified on the plan.
n.Â
Traffic flow patterns within the site, entrances and exits,
loading and unloading areas, curb cuts on the site and within one
hundred (100) feet of the site. For developments in heavy traffic
areas, the City Engineer may require a detailed traffic study.
o.Â
For new construction, alterations to any existing structure,
a table continuing the following information must be included:
(1)Â
Area of structure to be used for a particular use,
such as retail operation, office, storage, etc.;
(2)Â
Maximum number of employees;
(3)Â
Maximum seating capacity, where applicable;
(4)Â
Number of parking spaces existing and required
for the intended use; and
(5)Â
A landscape plan for improving large areas of paved
parking with appropriate landscaping may be required.
E.Â
Standards Of Review. The recommendations of the City Planning and
Zoning Commission to the Board of Aldermen shall be based on the following
standards:
1.Â
The extent to which the proposal conforms to the provisions
of these regulations.
2.Â
The extent to which the development would be compatible with
the surrounding area.
3.Â
The extent to which the proposal conforms to the provisions
of the City's subdivision regulations, Sign Code, Building Code, Fire
Code, Storm Water Management Code and all other applicable City codes
and ordinances.
4.Â
The extent to which the location of streets, walkways and driveways
are located so as to enhance safety and minimize any adverse traffic
impact on the surrounding area.
F.Â
Approval Of Site Plan. After consideration of the recommendations
of the City Planning and Zoning Commission, the Board of Aldermen
may approve or disapprove of the site plan. The Board of Aldermen
may also grant conditional approval of the site plan by stipulating
such conditions and restrictions upon the establishment, location,
construction, maintenance and operation of the proposed site as is
deemed necessary for the protection of the public interest and to
secure compliance with the standards and conditions contained herein.
[R.O. 2004 § 404.120; Ord. No.
106 § 1, 7-21-2008]
A.Â
No vacant land shall be occupied or used, except for agricultural
purposes, and no building hereafter erected or structurally altered
shall be occupied or used until a certificate of occupancy shall have
been issued by the Building Inspector.
B.Â
Certificate Of Occupancy For A Building.
1.Â
Certificate of occupancy for a new building or the alteration of an existing building as required by this Section and Section 500.050 of this Code shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the requests for same shall have been made in writing to the Building Inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Chapter and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
2.Â
Certificate of occupancy shall state that the building or proposed
use of a building or land complies with all the building and health
laws and ordinances and with the provisions of these regulations.
A record of all certificates shall be kept on file in the office of
the Building Inspector and copies shall be furnished on request to
any person having a proprietary or tenancy interest in the building
affected.
C.Â
No permit for excavation for any building shall be issued before
application has been made for a certificate of occupancy.
[R.O. 2004 § 404.130; Ord. No.
106 § 1, 7-21-2008]
A.Â
Where uncertainty exists with respect to the boundaries of the various
districts as shown on the map accompanying and made a part of this
Chapter, the following rules shall apply:
1.Â
The district boundaries are either streets or alleys unless
otherwise shown and where the districts designated on the map accompanying
and made a part of this Chapter are bounded approximately by street
or alley lines, said street or alley shall be construed to be the
boundary of such district.
2.Â
Where the district boundaries are not otherwise indicated and
where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be the lot
lines and where the districts designated on the map accompanying and
made a part of this Chapter are bounded approximately by lot lines,
said lot line shall be construed to be the boundary of such districts
unless said boundaries are otherwise indicated on the map.
3.Â
In non-subdivided property, the district boundary lines on the
maps accompanying and made a part of this Chapter shall be determined
by the use of the scale contained on such map.
[R.O. 2004 § 404.135; Ord. No.
106 § 1, 7-21-2008]
A.Â
Certain non-conforming uses may be located in Districts "R-1," "R-2,"
"R-3," "R-4," "C-1" and "C-2" by special written permission of the
Commission and approved by the Board of Aldermen after properly posting
the property, notifying landowners within one hundred eighty-five
(185) feet of the proposed use, followed by a public hearing; provided
that in their judgment such use will not seriously injure the appropriate
use of neighboring property and will conform to the general intent
and purpose of this Chapter and, further provided, that such uses
shall comply with the height, area and/or the regulations of the districts
in which they may be located, as well as any additional restrictions
as may be ordered.
1.Â
Special uses are those types of uses which, due to their nature,
are dissimilar to the normal uses permitted within a given zoning
district. Within the various zoning districts, specific uses may be
permitted only after additional requirements are complied with as
established with this Section.
2.Â
Submission Of Application. An application [an original and four
(4) copies] for special use permit shall be filed with the City Clerk
along with the application filing fee. The application shall include
the following:
a.Â
Plan showing existing and proposed building locations, parking
areas, location and type of outdoor lighting, interior drives and
landscaped buffer strips.
b.Â
Topography and existing utilities abutting the streets, alleys
or easements and the square footage of land within the plot.
c.Â
Name of owner of land to be utilized with legal description.
d.Â
Description of architecture and exterior materials to be utilized.
3.Â
Processing The Application.
a.Â
Hearing. Upon receipt of the formal application, all accompanying
material and filing fee, the City Clerk shall forward copies of the
special use permit application and accompanying information to affected
public or governmental agencies and the Planning and Zoning Commission.
In addition, the following regulations must be followed:
(1)Â
Applicant shall post a notice on the property in
the form of a sign provided by the City Clerk and placement of such
sign shall be in the center of the property in question, no more than
ten (10) feet from the yard right-of-way and sign must be visible
from the street;
(2)Â
A written notice is mailed by the City Clerk to
all landowners (names and addresses provided to the City Clerk by
the applicant) within one hundred eighty-five (185) feet of the proposed
use;
(3)Â
A notice concerning the special use request is
placed in a newspaper of general circulation by the City Clerk not
less than fifteen (15) days prior to the date set for the public hearings;
(4)Â
A public hearing is held before the Planning and
Zoning Commission with the applicant (or agent) in attendance; further,
the Planning and Zoning Commission shall submit its recommendation
to the Board of Aldermen prior to the date set for the Board's public
hearing which must be within thirty (30) days after the close of the
Commission's public hearing;
(5)Â
A public hearing is held before the Board of Aldermen
with the applicant (or agent) attending the public hearing.
b.Â
Findings. The Commission shall submit a report and determination
to the Board of Aldermen, which shall include a finding that the use
is or is not recommended, based on the following considerations:
(1)Â
The location and size of the proposed use in relation
to the site and to adjacent sites and uses of property and the nature
and intensity of operations proposed therein.
(2)Â
Accessibility of the property to Police, fire,
refuse collection and other municipal services; adequacy of ingress
and egress to and within the site; traffic flow and control; and the
adequacy of off-street parking and loading areas.
(3)Â
Utilities and services, including water, sewer,
drainage, gas and electricity, with particular reference to location,
availability, capacity and compatibility.
(4)Â
The location, nature and height of structures,
walls, fences and other improvements; their relation to adjacent property
and uses; and the need for buffering or screening.
(5)Â
The adequacy of required yard and open space requirements
and sign provisions.
(6)Â
The general compatibility with adjacent properties,
other properties in the district and the general safety, health, comfort
and general welfare of the community.
4.Â
Time Limit.
a.Â
Sunset. A special use permit shall expire upon public hearing,
unless a building permit is taken within twelve (12) months to effectuate
such special permitted use; or if no building permit is required,
evidence of use is filed with the Building Inspector.
b.Â
Abandonment. Once a special permitted use ceases or is abandoned
for a period of more than twelve (12) months, the special use permit
shall expire upon public hearing; except that the special use permit
for an auto salvage yard shall automatically expire if the State license
for operating the auto salvage yard lapses for a period of more than
six (6) months.
c.Â
Home Occupation. A special use permit for a home occupation
shall not be transferable to a new owner of the real estate.
d.Â
Expiration As A Condition Of The Permit. A special use permit
shall expire on the date specifically stated in the conditions listed
on each permit.
B.Â
Conditions And Guarantees. Prior to granting of any special use permit by the Board of Aldermen, the Planning and Zoning Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning and Zoning Commission may recommend or the Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being and will be fully complied with. If the Commission and Board stipulate a time limitation for the special use permit, said special use permit shall be considered for renewal through the application process under Section 404.135(A)(3).
[R.O. 2004 § 404.140; Ord. No.
106 § 1, 7-21-2008]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity or
general welfare. It is not intended by this Chapter to interfere with
or abrogate or annul any easements, covenants or other agreement between
parties; provided, however, that where this Chapter imposes a greater
restriction upon the use of buildings or premises or upon height of
buildings or requires larger open spaces than are imposed or required
by other ordinances, rules or regulations or by easements, covenants
or agreements, the provisions of this Chapter shall govern.
[R.O. 2004 § 404.150; Ord. No.
106 § 1, 7-21-2008]
The Board of Aldermen of Duquesne shall provide for the manner
in which such regulations and restrictions and the boundaries of such
districts shall be determined, established and enforced and from time
to time amended, supplemented or changed. However, no such regulation,
restriction or boundary shall become effective until after 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
an official paper or a paper of general circulation in the City.
[R.O. 2004 § 404.155; Ord. No.
106 § 1, 7-21-2008]
A.Â
Amendments To Change Zoning Regulations Or District Boundaries. The
City of Duquesne Board of Aldermen from time to time may supplement,
change or generally revise the boundaries or regulations contained
in zoning regulations by amendment. A proposal for such amendment
may be initiated by the Board of Aldermen or the City Planning and
Zoning Commission. If such proposed amendment is not a general revision
of the existing regulations and affects specific property, the amendment
may be initiated by application of the owner of property affected.
Applications for special use permits shall be considered by the same
procedure as zoning district amendments. Any such amendment, if in
accordance with the adopted Comprehensive Plan, shall be presumed
to be reasonable.
B.Â
Public Hearing. All such proposed amendments first shall be submitted
to the City Planning and Zoning Commission for recommendation. The
Commission shall hold a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be heard.
The public hearing shall be held at the next regular meeting of the
City Planning and Zoning Commission for which the application may
be scheduled. The City Planning and Zoning Commission shall cause
an accurate written summary to be made of the proceedings and shall
give notice of the hearing as provided in these regulations.
C.Â
Notice Of Hearing.
1.Â
At least fifteen (15) days' notice of the time and place of
such hearing shall be published in an official newspaper of the City.
Such notice shall fix the time and place for such hearing and contain
a statement regarding the proposed changes in regulations or restrictions
or in the boundary or classification of any zone or district. If such
proposed amendment is not a general revision of the existing regulations
and affects specific property, the property shall be designated by
legal description or a general description sufficient to identify
the property under consideration.
2.Â
In addition to such publication notice, written notice of such
proposed amendment shall be mailed before the hearing to owners of
record of lands located within at least one hundred eighty-five (185)
feet of the proposed to be altered. Notices shall include a statement
that a complete legal description is available for public inspection
and shall indicate where such information is available. When the notice
has been deposited in the mail, failure of a party to receive such
notice shall not invalidate any subsequent action taken by the City.
In addition to such publication notice, written notice of such proposed
amendment shall not invalidate any subsequent action taken by the
City Planning and Zoning Commission to recommend amendments to zoning
regulations which affect only a portion of the land described in the
notice.
3.Â
The applicant shall post a notice on the property in the form
of a sign provided by the City Planning and Zoning Commission. Placement
of such sign shall be in the center of the property in question, no
more than five (5) feet from the front yard right-of-way line. Placement
shall be made at least fifteen (15) days prior to the scheduled public
hearing and must remain until after the Board of Aldermen has received
and acted upon the recommendation of the City Planning and Zoning
Commission. The cost of said sign or signs shall be paid by the applicant.
D.Â
Adoption.
1.Â
The procedure for consideration of and adoption of a recommendation
to amend zoning district boundaries shall require a majority of the
full membership of the City Planning and Zoning Commission at the
hearing to recommend approval or denial of the amendment to the Board
of Aldermen. If the City Planning and Zoning Commission fails to make
a recommendation on a rezoning request, the City Planning and Zoning
Commission shall be deemed to have made a recommendation of denial.
2.Â
Upon the receipt of the recommendation of the Planning and Zoning
Commission and protest petitions that may have been submitted, the
Board of Aldermen shall consider the application and may approve the
recommendations of the City Planning and Zoning Commission or take
whatever action it deems necessary. If a proposed amendment is not
acted upon finally by the Board of Aldermen within one hundred twenty
(120) days after the recommendation of the City Planning and Zoning
Commission is submitted to it, such proposed amendment shall be deemed
to have been defeated and denied, unless the applicant for such amendment
shall have consented to an extension of such period of time. Whenever
a proposed amendment is defeated, either by vote of the Board of Aldermen
or by reason of the operation of this Section, such amendment shall
not thereafter be passed without a further public hearing and notice
thereof as provided in this Chapter.
3.Â
If the Board of Aldermen returns the City Planning and Zoning
Commission's recommendation, the City Planning and Zoning Commission,
after considering the same, may resubmit its original recommendation
giving the reasons therefor or submit a new and amended recommendation.
Upon the receipt of such recommendation, the Board of Aldermen may
adopt or may revise or amend and adopt such recommendation or it need
take no further action thereon. If the City Planning and Zoning Commission
fails to deliver its recommendation to the Board of Aldermen following
the City Planning and Zoning Commission's next regular meeting after
receipt of the Board of Aldermen's report, the Board of Aldermen may
consider such course of inaction on the part of the City Planning
and Zoning Commission as a resubmission of the original recommendation
and proceed accordingly.
E.Â
Applications. Any party desiring to amend a zoning district boundary
or regulation contained in this Chapter, as to any lot, tract or area
of land, shall file with the City Planning and Zoning Commission an
application for such amendment. All applications for an amendment
shall be accompanied by such data and information as prescribed in
these regulations.
F.Â
Application Fee. A fee in the amount of three hundred twenty-five dollars ($325.00) shall accompany each amendment application. This fee is intended to cover the cost of publication and other costs normally incident to the rezoning process, but not engineering costs as set forth in Subsection (I), below. Said fee shall be deposited with City Planning and Zoning Commission at the time said amendment application is filed.
[Ord. No. 364 § 1, 5-14-2018]
G.Â
Findings. In order to recommend, approve or disapprove a proposed
zoning district amendment, the City Planning and Zoning Commission
shall make findings to determine whether the application is found
to be compatible with the following:
1.Â
Character of the neighborhood.
2.Â
Consistency with the Comprehensive Plan and ordinances of the
City of Duquesne.
3.Â
Adequacy of public utilities and other needed public services.
4.Â
Suitability of the uses to which the property has been restricted
under its existing zoning.
5.Â
Compatibility of the proposed district classification with nearby
properties.
6.Â
The extent to which the zoning amendment may detrimentally affect
nearby property.
H.Â
Protest Of An Amendment By Petition Of Property Owners. Regardless
of whether or not the City Planning and Zoning Commission approves
or disapproves a zoning amendment, if a protest against such amendment
is filed after the conclusion of the public hearing in the office
of the City Clerk, duly signed by the owners of thirty percent (30%)
or more, either of the areas of the land (exclusive of streets and
alleys) included in such proposed change or within an area determined
by lines drawn parallel to and one hundred eighty-five (185) feet
distant from the boundaries of the district proposed to be changed,
such petition shall be presented to the Board of Aldermen at the time
the City Planning and Zoning Commission recommendation is acted upon;
and further, such amendment shall not become effective except by the
favorable vote of two-thirds (2/3) of all the members of the Board
of Aldermen.
I.Â
Reimbursement Of City's Actual Engineering Expenses. In addition
to all other fees set forth in this Section, the applicant shall be
responsible for reimbursing the City for any actual expenses, not
including the cost of publication and other costs normally incident
to the rezoning process, incurred by the City which are necessary
to the City's zoning amendment procedure. Such fees may include, but
are not limited to, engineering and other associated fees incurred
by the City in connection with the City's review of the application,
stormwater control issues and other necessary expenses reasonably
incurred by the City. The City Clerk shall provide notification in
writing to the applicant within ten (10) days of the City's receipt
of any such expense incurred by the City unless, for good cause, a
longer period for such notification is necessary. Such notification
shall be reasonably detailed. No zoning amendment shall be granted
until all such fees have either been paid or, alternatively, satisfactory
arrangements have been made for payment.
[Ord. No. 364 § 1, 5-14-2018]
J.Â
Applicant's Presence At Scheduled Public Hearings Required. Any person
desiring to amend a zoning district boundary or regulation contained
in this Chapter shall be present, either in person or by duly appointed
representative, at all public hearings required by this Chapter. Neither
the Planning and Zoning Commission nor the Board of Aldermen shall
act favorably upon any such amendment if such person or representative
fails to be present as herein required.
[Ord. No. 364 § 1, 5-14-2018]
[R.O. 2004 § 404.160; Ord. No.
106 § 1, 7-21-2008]
A.Â
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.Â
The owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part or assists in any such violation, or who maintains any
building or premises in which any such violation shall exist shall
be guilty of a misdemeanor punishable by a fine of not less than ten
dollars ($10.00) and not more than 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.Â
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).