[Ord. No. 14.545[1] (Bill No. 2772), 10-15-2020]
This Chapter shall be known and maybe cited as the "Arnold Zoning
Ordinance."
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
This
Zoning Ordinance is adopted for the following purposes:
1.Â
To promote the public health, safety, comfort, morals, convenience
and general public welfare;
2.Â
To protect the character and the stability of the residential, commercial,
and industrial areas within the City of Arnold and to promote the
orderly and beneficial development of such areas;
3.Â
To provide adequate light, air, privacy and convenience of access
to property;
4.Â
To regulate the intensity of use of land and lot areas and to determine
the area of open spaces surrounding buildings necessary to provide
adequate light and air and to protect the public health;
5.Â
To lessen or avoid congestion in the public streets;
6.Â
To provide for the needs of industry, business, and residents in
future growth;
7.Â
To promote healthful surroundings for family life in residential
areas;
8.Â
To fix reasonable standards to which buildings or structures shall
conform;
9.Â
To prohibit uses, buildings or structures which are incompatible
with the character of development or the uses allowed within specified
zoning districts;
10.Â
To prevent such additions to, or alteration or remodeling of, existing
buildings or structures in such a way as to avoid the restrictions
and limitations imposed hereunder;
11.Â
To protect against fire, explosion, noxious fumes and other hazards
in the interest of the public health, safety, comfort and general
welfare;
12.Â
To prevent the overcrowding of land and undue concentration of structures,
so far as is possible and appropriate in each district, by regulating
the use and bulk of buildings in relation to the land surrounding
them;
13.Â
To conserve the value of land and buildings throughout the City of
Arnold;
14.Â
To provide for the gradual elimination of non-conforming uses of
land, buildings and structures which are adversely affecting the value
of desirable development in each district;
15.Â
And to define and limit the powers and duties of the administrative
officers and bodies as provided herein.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
For
the purpose of this Chapter certain words and phrases are herein defined.
Words and phrases defined herein shall be given the defined meaning.
Words and phrases which are not defined shall be given their usual
meaning except where the context clearly indicates a different or
specific meaning. Where words and phrases utilized in this Chapter
are associated with the right to legal access of marijuana, definitions
contained in Article XIV of the Missouri Constitutions may be applicable,
as determined by the City.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
B.Â
Rules.
1.Â
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural number, and the
plural, the singular.
2.Â
The word "shall" is mandatory and not discretionary.
3.Â
The word "may" is permissive.
4.Â
The word "lot" shall include the words "plot," "piece,"
"parcel," and "tract;" the word "building" includes
all other structures of every kind regardless of similarity to buildings;
and the phrase "used for" shall include the phrases
"arranged for," "designed for," "intended for," "maintained for" and
"occupied for."
5.Â
The word "dwelling" includes the word "residence."
C.Â
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT BUSINESS
AIRPORT
AMBIENT NOISE LEVEL
AMUSEMENT CENTER/ARCADE
ANIMAL (VETERINARY) HOSPITAL AND CLINIC
ANIMAL SLAUGHTERING, MEAT PACKING or RENDERING
APARTMENT
ATHLETIC FIELDS
AUDITORIUM
AUTOMATIC VENDING MACHINES
A-WEIGHTED SOUND PRESSURE LEVEL
BAR/COCKTAIL LOUNGE
BARBER OR BEAUTY SHOP
BASEMENT
BOAT DOCKS
BOATING
BUILDING
CAMPING
CAR SALES
CEMETERY
CHILDREN'S AMUSEMENT PARK
CHURCH
CIGAR OR NEWSPAPER STAND
CLINIC
CLUB
COMMERCIAL AND INDUSTRIAL DOCK FACILITIES
COMMERCIAL SITE PLAN
COMMUNITY CENTER
COMPREHENSIVE (MARIJUANA) FACILITY
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
CONSTRUCTION ACTIVITY
CONSTRUCTION DEVICE
CONSUMER INSTALLMENT LOANS
DAIRY FARMS
DAY CARE
DEVELOPMENT
DISTRICT
DORMITORY
DRIVING RANGE
DWELLING
DWELLING, FOUR-FAMILY
DWELLING, MULTI-FAMILY OR MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, THREE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EMERGENCY SIGNAL DEVICE
EMERGENCY WORK
EXPLOSIVES or FLAMMABLE GASES AND LIQUIDS
EXTENDED STAY LODGING ESTABLISHMENT
FAMILY
FARM
FILLING STATION
FINANCIAL INSTITUTION
FIRE STATIONS
FIREWORKS STAND
FISH HATCHERIES
FISHING
FLOODPLAIN
FLOOR SPACE
FOOD AND DRUG STORE
FORESTS
FOSTER HOME FOR HANDICAPPED CHILDREN
FOUNDRY
FRONTAGE
FROZEN TREAT STAND, SEASONAL
GARAGE
GOLF COURSE
GOLF, MINIATURE
GREENHOUSES
GROUP HOUSING (GROUP-HOUSE ARRANGEMENT)
GROUP LIVING FACILITY (DORMITORY)
GUEST ROOM
GYMNASIUM
HEAVY VEHICLE RENTAL ESTABLISHMENT
HIKING
HISTORIC SITES
HOME OCCUPATION
HOSPITAL
HOTEL
HOTEL, MOTOR (MOTEL)
INCINERATORS
INDOOR SALES OF MOTOR VEHICLES
INFLATABLE DEVICE
IN-HOME DAY CARE
JUNKYARD
KENNEL
LAUNDRY OR DRY CLEANING PICKUP STATION or SELF-SERVICE LAUNDRY
or DRY CLEANING FACILITY
LIBRARY
LODGING
LODGING ESTABLISHMENT
LODGING (BOARDING) HOUSE
LONGER-TERM GUEST
LOT
LOT (PARCEL) OF RECORD
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANUFACTURED HOME SPACE
MANUFACTURING OR FABRICATION OF ANY COMMODITY
MARIJUANA FACILITY
MARIJUANA MICROBUSINESS FACILITY
MARIJUANA or MARIHUANA
MARIJUANA TESTING FACILITY
MARIJUANA-INFUSED PRODUCTS
MARKETS
MAUSOLEUMS
MEDICAL (MARIJUANA) FACILITY
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA CULTIVATION FACILITY, INDOOR
MEDICAL MARIJUANA CULTIVATION FACILITY, OUTDOOR
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MEDICAL MARIJUANA-RELATED ENTITIES
MICROBUSINESS DISPENSARY FACILITY
MICROBUSINESS WHOLESALE FACILITY
MINI-STORAGE
MOBILE FOOD VEHICLE
MODULAR HOME
MORTUARIES
MOTOR VEHICLE-ORIENTED ESTABLISHMENT (MVOE)
MOTOR VEHICLE RENTAL ESTABLISHMENT
MUNICIPAL AND GOVERNMENTAL BUILDINGS
NATURAL AREA
NON-CONFORMING LAND USE OR STRUCTURE
NURSERY SCHOOL AND DAY NURSERIES
NURSING HOME
OFFICE
OPEN STORAGE
OUTDOOR
OUTDOOR ACTIVITY AREA (DINING OR ENTERTAINMENT)
OUTDOOR ENTERTAINMENT FACILITY
OUTLINE AREA
OUTPATIENT FACILITY
PAD
PARCEL (TRACT) OF LAND
PARK
PARKING AREA
PARKING SPACE
PARKWAY
PAVE (DRIVEWAY)
PAVE (PAVEMENT)
PAVEMENT (PARKING)
PAY DAY LOANS
PERIOD OF MEASUREMENT
PICNIC GROUND
PLANT NURSERY
PLAT
PLAYGROUNDS
POLE BUILDING
POLICE STATION
POSTAL STATION
PROPERTY LINE
PUBLIC OR PRIVATE KINDERGARTEN, ELEMENTARY, SECONDARY AND COLLEGIATE
SCHOOLS
PUBLIC UTILITY FACILITY, LOCAL
RADIO, TELEVISION, AND TELECOMMUNICATION TRANSMISSION OR RELAY
TOWERS AND FACILITIES
RAILROAD SWITCHING YARDS
REPAIR SHOPS
RESEARCH LABORATORIES
RESIDENCE
RESIDENTIAL FACILITIES
RESTAURANT
RETREAT
RIDING STABLE
RIFLE RANGE
ROW HOUSE
SALESROOM
SALVAGE YARD
SANITARY LANDFILL
SCENIC AREA
SEMI-FINISHED MATERIAL
SERVICE FACILITIES
SETBACK
SEWAGE TREATMENT FACILITIES
SHELTER WORKSHOP
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, DIRECTIONAL
SIGN, INFORMATION
SITE PLAN (DEVELOPMENT PLAN)
SKEET SHOOTING CLUB
SMALL LOANS
SMELTERS
SOUND LEVEL METER
SPECIAL EVENT
1.Â
2.Â
3.Â
SPECIAL EVENT SIGN
1.Â
2.Â
SPECIALIZED PRIVATE SCHOOLS
STABLE, PRIVATE
STACKING SPACE
STEEL MILLS
STORY
STREET
STRUCTURE
SULPHUR, CEMENT OR RUBBER RECLAMATION PLANT
SWIMMING POOLS
TEMPORARY STRUCTURE
TERMINAL
TITLE LOANS
TOBACCO, NICOTINE, AND OTHER LEGAL SUBSTANCE ESTABLISHMENT
TOURIST HOME
TRAILER
TRANSIENT
TRUCK, BUS, RAIL AND WATERCRAFT TERMINALS
USE
USED CAR SALES
VETERINARY CLINIC
WAREHOUSE
WAREHOUSING, STORAGE OR WHOLESALING OF LIVE ANIMALS (CONCENTRATED
ANIMAL FEEDING OPERATIONS (CAFO))
YARD
Definitions. Unless
the context otherwise requires, the following definitions shall be
used in the interpretation of this Chapter:
Any building, the use of which is incidental to the principal
use of another.
Any structure, the use of which is incidental to the principal
use of another structure on the same premises.
A use incidental and subordinate to the principal use of
the premises.
Any business enterprise as defined in Chapter 635 of the Municipal Code.
An area of land or water that is used or intended to be used
for landing and takeoff of aircraft and including its buildings and
facilities if any.
The A-weighted sound pressure level of all the encompassing
noise associated with a given environment, being usually a composite
of sounds from many sources.
A place of business within a building or outdoor structure
or any part of a building having more than twenty (20) amusement vending
devices, whether operated mechanically, electronically or by any other
means, which are used for the purpose of public entertainment through
the operation, use, or play of any table game or other device or system,
including any electronic game which is operated by placing therein
any coin, plate, card, disc, slug, key, or token of value by payment
of a fee.
[Ord. No. 14.560 (2834), 8-4-2022]
A facility for the diagnosis and treatment of diseases and
injuries of animals.
A facility used for the killing, processing and packaging
of animals.
A room or suite or rooms within a building provided with
separate cooking facilities and intended as a single dwelling unit.
An unenclosed area used for the purpose of game areas, i.e.
baseball, football, soccer, etc.
A building or a portion of a building used for public meetings
or artistic performances.
Machines used for the sale of commodities.
A weighted sound pressure level as measured with the A-weighting
network of a sound level meter. The unit of measurement is dB(A).
An establishment licensed as a bar under the liquor laws
of the State that draws seventy percent (70%) of its total revenue
from the sale of liquor.
A facility for the business of cutting, treatment and styling
of hair.
A floored and walled substructure of a building at least
fifty percent (50%) below the average finished grade of the building.
A water based facility to receive boats for loading, unloading,
and repairs.
The riding in a boat for pleasure.
A structure that is permanently affixed to the land, has
one (1) or more floors and a roof, and is designed or intended for
use as a shelter.
The temporary lodging in a tent or recreational vehicle.
The retail or wholesale of new or used cars, trucks, motorcycles,
recreational vehicles, boat, utility trailers, other motor vehicles,
and/or construction equipment as the primary activity on the property.
Accessory uses to car sales may include repair services and selling
of replacement parts and accessories.
A place for burial of the dead, including crematory facilities
as an accessory use.
A commercially operated enterprise that offers rides, games
and other forms of children's entertainment.
A permanent building primarily and regularly used as a place
of religious worship.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A small temporary facility with the principal purpose of
selling cigars and newspapers.
A facility operated by one (1) or more physicians, dentists,
psychiatrists, psychologists, mental health counselors, optometrists,
ophthalmologists, chiropractors, rehabilitation therapists, or other
licensed practitioners of the healing arts for the examination and
treatment of persons solely on an outpatient basis, including but
not limited to diagnostic services, blood donation stations, infusion
centers, surgery centers, and urgent care facilities.
A building or a portion of a building intended to be used
as a center of informal association for a selective membership not
open to the general public.
A facility used for the receiving, distribution and sending
of commodities via various modes of transportation.
See "SITE PLAN (DEVELOPMENT PLAN)."
A facility maintained by a public agency or by a not-for-profit
community or neighborhood association primarily for social, recreational,
or educational needs of the community or neighborhood.
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
product manufacturing facility, as provided for in the Missouri State
Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on site or off site. transport
to or from, and sell medical and nonmedical marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as "clones") to a medical
facility, comprehensive facility, or marijuana testing facility, as
provided for in the Missouri State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store on site or off site, sell, transport to or
from, and deliver medical and non-medical marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as "clones"), marijuana-infused
products and drug paraphernalia used to administer marijuana, as provided
for in the Missouri State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a medical
facility, comprehensive facility, or marijuana testing facility, and
sell marijuana-infused products to marijuana dispensary facilities,
marijuana testing facilities, or other marijuana-infused products
manufacturing facilities, as provided for in the Missouri State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Any or all activity necessary or incidental to the erection,
demolition, assembling, repairing, altering, installing or equipment
of public or private buildings, private or public parks, premises,
utility lines, and private or public highways, roads or streets, including
land clearing, grading, excavating and filling.
Any device used in construction including, but not limited
to, any air compressor, pile driver, manual tool, bulldozer, pneumatic
hammer, steam shovel, derrick, crane, steam or electric hoist.
Secured or unsecured loans of any amount and payable in not
less than four (4) substantially equal installments over a period
of not less than one hundred twenty (120) days. Licensed under Chapter
408, RSMo., by the Missouri Division of Finance and subject to the
rules and regulations of the State of Missouri for consumer installment
loans.
A farm for producing milk and milk products.
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
The act of changing and the state of a tract of land after
its function has been purposefully changed by man including, but not
limited to, structures on the land and alterations to the land.
Zoning district boundaries and established regulations governing
the development and use of land therein.
A building with many rooms providing sleeping and living
accommodations for a number of usually unrelated persons; usually
associated with an educational institution.
An open area or an enclosed facility for the purpose of practicing
golf shots.
Any building, or portion thereof, used primarily for human
habitation, except lodging establishments.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
A building designed for or occupied by four (4) families.
A building or portion thereof designed for or occupied exclusively
by more than four (4) families.
A building designed for or occupied exclusively by one (1)
family.
A building designed for or occupied exclusively by three
(3) families.
A building designed for or occupied exclusively by two (2)
families.
A room or group of rooms located within a dwelling forming
a habitable unit for one (1) family.
Any gong, siren, whistle or any air horn or similar device
when used on any vehicle designated as an emergency vehicle by ordinance
or by Missouri Statute, or used in connection with an emergency warning
system intended to produce a sound signal upon unauthorized entrance
by a person into a building or motor vehicle.
Work necessary to restore property to a safe condition following
a public calamity, or work required to protect person or property
from an exposure to danger.
A substance either of a gas or liquid substance which has
volatile characteristics.
A Lodging Establishment where any of the guest rooms are
rented to Longer-Term Guests. It is the intent of this ordinance that
Extended Stay Lodging Establishments shall only be permitted uses
or permitted uses with conditional use permits in those districts
where this Chapter specifically lists "Extended Stay Lodging Establishment"
as a permitted use or permitted use with a conditional use permit.
In those districts where this Chapter only states that "Lodging Establishments"
are permitted uses or permitted uses with a conditional use permit,
Extended Stay Lodging Establishments are not permitted.
An individual or two (2) or more persons related by blood
or marriage or a group of not more than three (3) persons who need
not be related by blood or marriage living together and subsisting
in common as a single non-profit housekeeping unit utilizing only
one (1) kitchen.
A parcel of land used for growing or raising of agricultural
products including related structures thereon.
Any structure or premises used for dispensing or sale, at
retail, of automotive vehicle fuels or lubricants, including lubrication
of motor vehicles and replacement or installation of minor parts and
accessories, but not including major repair work such as motor replacement,
body and fender repair or spray painting.
A State or Federally chartered bank, savings association,
credit union, or industrial land company located in a building or
portion thereof which provides for the custody, loan, exchange, or
issue of money, the extension of credit, or facilitating the transmission
of funds, and which may include accessory drive-up units on the same
premise. This does not include small loan businesses.
A building for fire equipment and firefighters.
The term "fireworks stand" shall refer to any building, stand, tent, whether temporary or permanent, from which fireworks, as defined herein, are displayed and/or sold for retail purposes as governed by Sections 215.2210 through 215.2350 of this Code.
[Ord. No. 14.551 (2791), 5-20-2021]
A facility for the propagation of fish.
The act of trying to catch a fish.
A geographic area susceptible to periodic inundation from
overflow of natural waterways and determination as to extent in the
City of Arnold Flood Elevation Study made by the Planning Commission.
The total living floor area of a residence excluding basements
and garages.
A commercial facility with its principal sales in food and
drugs.
A dense growth of trees, together with other plants, covering
a large area.
An institution providing sleeping and living accommodations
for the full-time care, training, recreation, and convalescent needs
of three (3) or more physically or mentally handicapped minors.
An establishment in which the melting of metal is poured
into a mold.
That edge of a lot bordering a street.
A facility that primarily sells, dispenses, or serves frozen
treats such as snow cone refreshments, ice cream, etc., and may include
the accessory sale of beverages and bagged ice that may operate between
March 1 and September 30 each year, and does not exceed one hundred
twenty (120) square feet in gross floor area.
[Ord. No. 14.550 (2790), 5-20-2021]
A building for the storage of motor vehicles.
An area or course for playing golf consisting of at least
nine (9) holes, except miniature golf, within which the playing area
is not artificially illuminated.
A commercial recreation facility, resembling golf, containing
short "holes," the majority of which are under three hundred (300)
feet in length, and primarily utilizing putting irons.
A usually glass, plastic or plexiglas-enclosed structure
used for cultivating plants that require controlled temperature and
humidity.
Any combination of dwelling units comprised of two (2) or
more residential buildings designed as a functional unit on and with
the specific parcel of land on which they are to be erected.
A dwelling containing sleeping rooms without separate cooking
facilities for a number of persons customarily unrelated but associated
with an educational, religious, charitable or service institution.
Any room or unit in a Lodging Establishment where sleeping
accommodations are regularly furnished to the public.
A building or portion thereof used for athletic training
or sports activities, including accessory seating for spectating.
Any establishment which, by type of operation or nature of
business, has as one (1) of its functions the provision of vehicles
for rent on a regular basis, including recreational vehicles, heavy-duty
trucks and heavy equipment for a specific period of time. This use
is inclusive of on-site storage and incidental parking of vehicles
for rent and facilities for the repair and service of the vehicles.
[Ord. No. 14.560 (2834), 8-4-2022]
Extended walking for pleasure or exercise.
A building(s) or area having considerable importance or influence
in history.
A domestic activity carried on by no more than two (2) members
of a family residing on the premises, but excluding beauty shops,
barbershops, music schools, convalescent or nursing homes, tourist
homes, massage or other establishment offering services to the general
public, and providing that there are no signs nor any display that
will indicate from the exterior of the building that it is being utilized,
in whole or part, for any purpose other than that of a dwelling; providing,
also, that there is no stock in trade or commodity sold upon the premises,
no person is employed other than a member of the family residing on
the premises, and no mechanical equipment is used except such as is
customary for purely domestic or household purposes. The keeping of
not more than two (2) roomers or boarders shall be considered a permitted
home occupation.
An institution providing medical and surgical care for humans
only, for both in and out patients, including medical service, training,
research facilities.
A building in which lodging is provided to the public usually
on a transient basis.
A roadside hotel for motorists.[1]
A furnace or other apparatus for burning waste.
A commercial facility which includes an enclosed motor vehicle
sales area.
Objects or mechanisms used to attract attention, advertise,
promote, market, or display goods and/or services, which are inflated
with air or gas, or equipped with a portable blower motor that provides
a constant flow of air into the device in the likeness of an animate
or inanimate object or cartoon figure, including but not limited to
tethered balloons, blimps, dirigibles, or similar lighter-than-air
objects and recreational devices such as inflatable slides and bounce
houses.
[Ord. No. 14.551 (2791), 5-20-2021]
A private dwelling unit or other place conducted or maintained
by any person who advertises or holds himself/herself out as providing
care for no more than four (4) unrelated children during the daytime,
for compensation or otherwise.
A parcel of land on which waste material or inoperative vehicles
and other machinery is collected, stored, salvaged or sold.
The use of land or buildings for the purpose of selling,
breeding, or boarding of dogs or cats or both, or the keeping of four
(4) or more dogs over four (4) months of age, or keeping six (6) or
more cats over four (4) months of age, or the keeping of more than
five (5) dogs and cats. The word "selling" as herein used shall not
be construed to include the sale of animals four (4) months of age
or younger which are the natural increase of animals kept by persons
not operating a kennel as herein defined; nor shall selling be determined
to include isolated sales of animals over four (4) months old by persons
not operating a kennel as herein defined.
A commercial facility where clothes and linens are washed
and/or dry cleaned.
A place in which literary and artistic materials, such as
books, periodicals, newspapers, pamphlets, and printings, are kept
for reading or reference.
To provide for quarters temporarily for sleeping.
Any building, group of buildings, structure, facility, place,
or places of business where five (5) or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire
and which can be construed to be a hotel, motel, motor hotel, inn,
tourist court, resort, tourist home, bunkhouse, dormitory, or other
similar place by whatever name called, and includes all such accommodations
operated for hire as Lodging Establishments.
A building with not more than five (5) guest rooms where
lodging is provided for compensation pursuant to previous arrangement,
but not open to overnight guests and which is actually occupied by
the proprietor of such establishment as his/her residence, exclusive
of nursing homes, dormitories or group living facilities licensed
or regulated by agencies of the State.
Any person occupying a guest room or combination of guest
rooms in a lodging establishment under any concession, permit, right
of access, license, rental or other agreement for living and sleeping
purposes for a period: (a) in excess of: (i) twenty-eight (28) consecutive
days; or (ii) twenty-eight (28) non-consecutive days within any ninety-day
period; and (b) not exceeding one hundred eighty-three (183) days
or six (6) months, whichever is less. For the purposes of this definition,
if there are multiple individuals in a party occupying a guest room
in a lodging establishment for the periods stated above, each member
of the party shall be considered a longer-term guest regardless of
which member or members of the party are registered as renting the
guest room(s).
A platted parcel of land intended to be separately owned,
developed, and otherwise used as a unit.
A lot which is part of a subdivision, the plat of which has
been legally approved and recorded in the office of the Recorder of
Deeds of Jefferson County or a parcel of land which was legally approved
and the deed recorded in the office of the Recorder of Deeds.
A structure, transportable in one (1) or more sections, that
in the traveling mode is eight (8) body feet (2,438 body mm) or more
in width or forty (40) body feet (12,192 body mm) or more in length,
or, where erected on site, is three hundred twenty (320) square feet
(30 m2) or more, and that is built on a
permanent chassis and designed to be used as a dwelling with or without
a permanent foundation where connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein; except that such term shall include any
structure that meets all the requirements of this paragraph except
the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the Secretary (HUD) and complies
with the standards established under this Title. For mobile homes
built prior to June 15, 1976, a label certifying compliance to the
Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture
is required. For the purpose of these provisions, a mobile home shall
be considered to be a manufactured home.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
An area of land under unified ownership and control on which
two (2) or more occupied manufactured homes are harbored, either free
of charge or for revenue purposes, and shall include any building,
structure, tent, vehicle or enclosed use or intended use as part of
the equipment of such manufactured home park.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
Any portion of a manufactured home park designed for the
use or occupancy by one (1) manufactured home.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
A factory which makes or processes raw materials into a finished
product.
A comprehensive facility, as defined in this Chapter, as
provided for in the Missouri State Constitution, a marijuana testing
facility, a microbusiness wholesale facility, microbusiness dispensary
facility, or any other type of marijuana-related facility or business
licensed or certified by the State of Missouri pursuant to the Missouri
State Constitution, but shall not include a medical (marijuana) facility,
as defined in this Chapter.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri as a microbusiness
dispensary facility or microbusiness wholesale facility, as defined
in this Chapter.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Cannabis Indica, Cannabis Saliva, and Cannabis Ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the marijuana plant and marijuana-infused
products. Marijuana does not include industrial hemp, as defined by
Missouri Statute, or commodities or products manufactured from industrial
hemp.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana, including those originally
licensed as a medical marijuana testing facility.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Any product that is infused, dipped, coated, sprayed, or
mixed with marijuana or an extract thereof, including, but not limited
to, products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
pre-rolls, as provided for by the Missouri State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A public gathering place held for buying and selling merchandise.
A building housing tombs.
Any medical marijuana cultivation facility, medical marijuana
dispensary facility, or medical marijuana-infused products manufacturing
facility, as defined in this Chapter and, as provided for by the Missouri
State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Any facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on site or off site, transport
to or from, and sell marijuana, marijuana seeds, and marijuana vegetative
cuttings (also known as "clones") to a medical dispensary facility,
medical marijuana testing facility, medical marijuana cultivation
facility, or to a medical marijuana-infused product manufacturing
facility. A medical marijuana cultivation facility's authority to
process marijuana shall include the production and sale of pre-rolls,
but shall not include the manufacture of marijuana-infused products.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Any medical marijuana cultivation facility, as defined herein,
where the cultivation of marijuana occurs within an enclosed structure.
Any medical marijuana cultivation facility, as defined herein,
where the cultivation of marijuana occurs outside of an enclosed structure.
A facility licensed by the State of Missouri to acquire,
process, package, store on site or off site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones") marijuana-infused products and drug
paraphernalia used to administer marijuana as provided for in this
Chapter to a qualifying patient, a primary caregiver, anywhere on
the licensed property or to any address as directed by the patient
or primary caregiver, so long as the address is a location allowing
for the legal possession of marijuana, another medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or a medical marijuana-infused projects manufacturing facility.
Dispensary facilities may receive transaction orders at the dispensary
in person, by phone, or via the Internet, including from a third party.
A medical marijuana dispensary facility's authority to process marijuana
shall include the production and sale of pre-rolls, as defined in
the State of Missouri Constitution, but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri, to acquire,
process, package, store on site or off site, manufacture, transport
to or from, and sell marijuana-infused products to a medical marijuana
dispensary facility, a marijuana test facility, or to another medical
marijuana-infused products manufacturing facility.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Any establishment operating or transacting business as a
medical marijuana dispensary facility, medical marijuana cultivation
facility, medical (marijuana) facility, medical marijuana-infused
product manufacturing facility, marijuana testing facility, or other
medical marijuana-related entity, as provided for by the Missouri
State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store on site or off site, sell, transport to or
from, and deliver medical and non-medical marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as "clones"), marijuana-infused
products, and drug paraphernalia used to administer marijuana, as
provided for by the Missouri State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on site or off site, manufacture,
transport to or from, deliver, and sell medical and non-marijuana,
marijuana seeds, marijuana vegetative cuttings (also known as "clones"),
and marijuana-infused products to a microbusiness dispensary facility,
other microbusiness wholesale facility, or marijuana testing facility,
as provided for by the Missouri State Constitution.
[Ord. No. 14.563 (Bill No. 2849), 1-19-2023]
Buildings and open area used for the storage of personal
property excluding materials and/or vehicles defined as junk or abandon
vehicles in the municipal codes.
As used in the Arnold Zoning Ordinance, "Mobile Food Vehicle"
shall have the meaning set forth in the Sections 605.400, Mobile Food
Services, et seq., of this Code.[2]
[Ord. No. 14.550 (2790), 5-20-2021; Ord. No. 14.551 (2791), 5-20-2021]
A single-family dwelling constructed in a factory and shall
be constructed and installed in accordance with applicable provisions
of the International Building Code, the International Residential
Code, or other applicable building codes, and shall bear the appropriate
insignia indicating compliance with those codes. This definition includes "prefabricated," "panelized," and "factory built" units.
A funeral home where dead bodies are kept prior to burial
or cremation.
Any establishment which, by design, type of operation, or
nature of business, has as one (1) of its functions, the provision
of services to a number of motor vehicles or its occupants in a short
time span, or the provision of services to the occupants of motor
vehicles while they remain in a vehicle. Businesses included in this
category shall have one (1) or more of the following facilities: One
(1) or more pump islands for retail sale of gasoline; or, one (1)
or more drive-through lanes or service windows for distribution of
products or other transactions; or more than four (4) parking spaces
designated for the distribution of products or other transactions;
or, include an automated car wash facility.
Any establishment which, by type of operation or nature of
business, has as one (1) of its functions the provision of vehicles
for rent on a regular basis by the general public, including passenger
automobiles, light-duty trucks, medium-duty trucks which do not require
a CDL license to operate, box trucks, light trailers, vans, and motorcycles
for a specific period of time.
[Ord. No. 14.560 (2834), 8-4-2022]
Building used for the operation of local, County, State or
Federal agencies.
An area that is substantially undisturbed by development.
A land use or structure which existed lawfully on the date
that this zoning ordinance or any amendment thereto became effective
and which fails to conform to one (1) or more of the applicable regulations
in the zoning ordinance or amendment thereto.
A program operated by a person or organization with the primary
function of providing an educational program for preschool-age children
for no more than four (4) hours per child per day.
A building intended for use as a medical care facility for
persons who need care and medical service, but do not require intensive
hospital care.
A building or portion of a building wherein services are
performed involving predominately administrative, professional, or
clerical operations. This does not include financial institutions
or small loan businesses.
Storage of material or goods on the ground outside of a building.
Any open-air space including any space which may have a temporary
or fixed cover (e.g., awning or roof) and at least fifty percent (50%)
of the square footage of its sides open for airflow such that open
sides are not adjacent to each other.
[Ord. No. 14.550 (2790), 5-20-2021]
A porch, patio, deck, walkway, or other area of land, which
is not within the interior building walls of the principle use, provided
for the use of patrons either: (1) to consume purchased food or beverages
(i.e., dining); or (2) for purposes of outdoor play or entertainment
(e.g., playgrounds, horseshoes, bocce, volleyball, performance, etc.).
Outdoor entertainment locations, including, but not limited
to, zoos, outdoor gardens, outdoor aquariums, outdoor theaters, outdoor
stadiums, outdoor event spaces, outdoor arenas, amphitheaters, outdoor
concert halls and other outdoor locations where entertainment activities
open to the public occur. Such facilities may include structures and
buildings accessory to the principal purpose of the use including
but not limited to stages, commissaries, canteens, restrooms, storage,
etc.
[Ord. No. 14.550 (2790), 5-20-2021]
The area enclosed by the perimeter of the face of a sign
structure not including structure supports.
A facility where a patient receives treatment without being
hospitalized.
The portion of a manufactured home site, designated, designed
and prepared for the support of a manufactured home consisting of
a poured-in-place, rectilinear, concrete slab, as approved by the
Building Commissioner, and specifically excluding runner or ribbon
foundations.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
A separately designated area of land delineated by identifiable
legally recorded boundary lines.
An area open to the general public and reserved for recreational,
educational or scenic purposes.
An area of land used or intended for off-street parking facilities
for motor vehicles.
A durable, dust-proof, surface, properly graded for drainage,
usable and accessible space, enclosed in a main building, in an accessory
building or unenclosed, containing not less than three hundred (300)
square fee of area, including necessary driveways and space between
vehicles, unless clearly specified otherwise in other provisions of
this Chapter.
A road or roadway intended to be used primarily for passenger
vehicles and developed with a park-like or scenic character with recreational
uses.
Concrete, asphaltic concrete or oil and chip.
The act or result of applying a hard, water-tight material
to any ground surface in such a manner as to present a uniform surface
over large areas.
Six (6) inches Portland cement concrete, four (4) inches
Class X asphaltic concrete base course with two (2) inches Class C
asphaltic concrete surface course, six (6) inches crushed stone with
two (2) inches Class C asphaltic concrete surface course or equal
as approved by City Engineer.
Lenders, other than banks, trust companies, credit unions,
savings banks and savings and loan companies, in the business of making
unsecured or by a post-dated check or pay check and licensed under
Chapter 408, RSMo., by the Missouri Division of Finance and subject
to the rules and regulations of the State of Missouri for consumer
installment loans.
Any continuous sixty-minute period during which observations
of stationary noise sources are made and measurements of noise levels
are taken.
An outdoor area used for eating meals.
A farm, garden, or other cultivated land, together with accessory
structures designed and intended to be used only for the cultivation
and sale of live vegetation.
A subdivision of land legally approved and recorded.
An outdoor area set aside for recreation and play.
A structure utilizing wooden or metal poles and trusses for
support and most often used for agricultural, industrial, or residential
storage. This definition, shall include, but is not limited to, "pole
barn," "metal-clad building," "barndominium," "barn home," and "post-frame."
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
The headquarters of a unit of a police force where those
under arrest are first charged.
A post office or mail service.
The legally recorded boundary of a lot, tract, or other parcel
of land.
An institution consisting of teachers and pupils gathered
together for instruction in any branch of learning.
A public utility facility serving a local area only, such
as an electric substation or a water or gas pumping or regulating
station or a telephone switching center.
A tower and associated facilities used in the transmission
of radio, television and telecommunication signals.
An area consisting of railroad track used for storage, sorting
and staging of railcars and locomotives.
A commercial facility where finish products are restored
to a sound condition after it had been damaged.
A commercial facility used in the scholarly or scientific
investigation or inquiry.
Any building, or portion thereof, which is designed or used
primarily for residential purposes, except lodging establishments.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
A facility limited to residences.
A place where meals are served to the public. An establishment,
open to the public, where food and drink are prepared, served, and
then consumed on- or off-premise.
A building or group of buildings with designated open areas
utilized and maintained for educational and religious conclaves, seminars,
and similar activities by particular educational, religious, fraternal
and other groups.
A building and designated site intended or used as a shelter
for horses or ponies, which provides for commercial cording, hire,
sale, or training of such animals.
An indoor or outdoor facility used for rifle shooting practice.
Three (3) or more attached single-family dwellings, each
on its own plot of ground, but not necessarily on individual lots.
An area within a building used for the display and purchase
of commodities.
An area for the dismantling, storage, and sale of inoperative,
obsolete or wrecked motor vehicles, trailers, and their parts.
A type of operation in which refuse and earth or other suitable
cover material is deposited in alternate layers of specified depth
in accordance with a definite plan on a specified portion of open
land, with each layer being compacted by force applied by mechanical
equipment.
A designated area containing outstanding or matchless beauty
which requires special management to preserve these qualities.
Material which has gone through one (1) or more stages of
processing.
A facility specializing in the installation, maintenance
or repairs of commodities.
The required minimum distance from a roadway right-of-way
line or line that establishes the area within which a structure can
be erected or placed, except as may be permitted elsewhere in this
Chapter.
A facility which processes and treats sanitary waste.
A facility for the purpose of providing protection and training
to handicapped individuals.
A structure or device designed or intended to convey information
to the public in written or pictorial form.
A sign, intended to attract general public interest, concerning
a commercial enterprise, product, service, industry, or other activity.
A sign which gives only basic information concerning the
existence of a commercial enterprise, service, or other activity conducted,
sold, or offered on the premises upon which the sign is erected.
A sign identifying entrances, exits, aisles, ramps, and similar
traffic-related information.
A sign which identifies a residence, a non-commercial activity,
including historic markers, or a sign conveying cautionary and similar
information.
A map or graphics prepared to scale depicting the development
of a tract of land, including elements such as, but not limited to
the location and relationship of existing and proposed structures,
streets, curb-cuts, driveways, parking areas, landscaping. natural
features, utilities, and other potentially sensitive design issues,
all as further delineated in this Chapter. Such plans may be preliminary,
final, and other types.
An outdoor facility used for skeet shooting practice.
Shall also mean consumer credit loans licensed by the Missouri
Division of Finance subject to Chapter 367, RSMo., and the rules and
regulations of the State of Missouri:
An apparatus used in the melting and separation of metallic
constituents.
Any instrument including a microphone, an amplifier, an output
meter, and frequency weighting networks for the measurement of sound
pressure levels in a specified manner which complies with Type 2 or
better standards established in the A.N.S.I. S1.4-1971 "Specification
for Sound Level Meters."
Activities defined herein as either a "civic event," a "sales
and promotional event," or a "private event," as follows:
[Ord. No. 14.551 (2791), 5-20-2021]
CIVIC EVENTA special event consisting of an outdoor activity sponsored by a non-profit organization, elementary or secondary school, college, or public agency, including, but not limited to, carnivals, festivals, community breakfasts/lunches/dinners, concerts, charity runs/walks, parades, neighborhood fairs, and collection drives involving such activities as bake, craft, or rummage sales and bazaars, car washes, and seasonal tree, pumpkin, or plant sales.
SALES AND PROMOTIONAL EVENTA special event consisting of an outdoor activity conducted by a commercial, for-profit user in connection with an established use, on the lot occupied by such use, that is limited to the display and sale of merchandise, but may also include accessory activities, such as product demonstrations or giveaways, raffles, games, and the provision or sale of food by a mobile food vehicle (as defined in Chapter 685 of the Code).
PRIVATE EVENTA special event consisting of any outdoor activity conducted by any organization where said event is not open to the public, such as, but not limited to, corporate, employee, or member picnics, health fairs, and other similar events, which are in connection with an established use, on the lot occupied by such use.
A temporary sign authorized to be posted when a special event
permit has been granted, defined herein as either a banner sign or
freestanding sign, as follows:
[Ord. No. 14.551 (2791), 5-20-2021]
BANNER SIGNA special event sign constructed of cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to or pinned on or from a building wall, retaining wall, or fence.
FREESTANDING SIGNA special event sign supported by one (1) or more uprights, posts, or braces affixed in the ground and not attached to any part of a building. Such signs may be double-faced (i.e., parallel opposing). Banners may qualify as freestanding signs, provided that they are braced by a frame or similar support structure as determined by the Zoning Officer.
An institution made up of handicapped students and teachers
gathered together for the instruction in any branch of learning.
A detached building accessory to a residential use for the
keeping of horses owned by the occupants of the premises and which
shall not be used for any commercial purpose including boarding, hire,
sale, or training of horses.
A space consisting of twenty-two (22) feet of pavement length
specifically designated as a waiting area for vehicles patronizing
a "Motor Vehicle-Oriented Establishment" (as defined herein).
A plant where steel is made.
The horizontal segment of a building between the floor surface
and the ceiling next above it, and wholly above grade.
A paved public or private right-of-way which provides access
to abutting properties from the front.
Any assembly of material forming a construction for occupancy
or use, excepting, however, utility poles and appurtenances thereto,
underground distribution or collection pipes or cables and underground
or ground level appurtenances thereto.
A facility used for the recycling of sulphur, cement or rubber.
A pool constructed for swimming.
Drop-off metal boxes, bins, tents, membrane structures, and
other structures constructed or erected, which require location on
the ground, or attached to something having location on the ground,
and used on a transient basis.
A depot building or area specifically designated for the
storage or transfer of persons or material, or temporary storage and
service of operable vehicles used in the transport of persons, goods
or materials.
Loans secured by titled personal property, primarily motor
vehicle title, excluding property qualified to be a personal dwelling
the ownership of which is evidenced by a certificate of title and
licensed under Sections 367.500 through 367.533, RSMo., by the Missouri
Division of Finance and subject to the rules and regulations of the
State of Missouri for title loans.
A specialty retail establishment that has, as a substantial or significant portion of its stock in trade, smoking products, such as cigars, cigarettes, loose leaf tobacco or other substances intended to be smoked, and/or smoking- and/or vapor inhalation-related products, such as pipes, pipe cleaners, lighters, butane, flints, cigar nippers, hookahs, waterpipes, shishas, or narghiles, electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "ecigarettes," "e-cigars," "e- cigarillos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems," and other similar devices, as well as such cartridges, substances and additives used to experience the sensation of smoking vapors, tobacco and non-tobacco substances, exclusive of items identified as controlled substances or drug paraphernalia in Chapter 215, Article XI of the Municipal Code. Lounges or public rooms where customers or members of the public may inhale vapor, smoke, or otherwise consume such products as identified herein, may only be as allowed when specifically authorized in an approved conditional use permit. This definition shall not apply to medical marijuana-related entities (as defined in this Chapter) nor shall it apply to any establishments selling or distributing marijuana or marijuana-infused products (as defined in this Chapter).
A building with not more than five (5) guest rooms where
lodging is provided for compensation pursuant to previous arrangement,
and which is actually occupied by the proprietor of such establishment
as his/her residence.
Any vehicle without motive power designed for carrying property
or passengers on its own structure and for being drawn by a self-propelled
vehicle, except those running exclusively on tracks, including a semitrailer
or vehicle of the trailer type so designed and used in conjunction
with a self-propelled vehicle that a considerable part of its own
weight rests upon and is carried by the towing vehicle, which does
not meet Building Code requirements. A permanent foundation shall
not change the character of a trailer unless the entire structure
is erected in accordance with the City Building Code. The term "trailer"
shall not include cotton trailers as defined in Subsection (8) of
Section 301.010, RSMo., and shall not include manufactured homes as
defined in Section 700.010, RSMo.
Unless otherwise defined, any person who exercises occupancy
or is entitled to occupancy, for any reason, for a period of twenty-eight
(28) consecutive calendar days or less, counting portions of calendar
days as full days. Any such person shall be considered to be a transient
until the twenty-eight-day period has expired unless there is an agreement
in writing between the operator and the occupant providing for a longer
period of occupancy.
A station at which truck, bus, rail or watercraft are located
for transportation needs.
As utilized in this Chapter, use is any functional, social,
or technological activity which is imposed or applied to land or to
structures on the land.
The retail or wholesale of used cars, trucks, recreational
vehicles and/or construction equipment as the primary activity on
the property.
A facility for the practice of veterinary medicine.
A structure for use as a storage place for goods, material
or merchandise.
A large animal production farm identified and regulated by
the Department of Natural Resources.
An open area between the building lines and the lot lines
of the lot on which it is located.
[1]
Editor's Note: The former definitions of "house trailer" and
"house trailer park," which immediately followed this definition,
were repealed 1-19-2023 by Ord. No. 14.562 (Bill No. 2848).
[2]
Editor's Note: The former definition of "mobile home," which
immediately followed this definition, was repealed 1-19-2023 by Ord.
No. 14.562 (Bill No. 2848).
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
In
order to carry out the purposes and provisions of this Chapter, the
City of Arnold, Missouri, is hereby divided into the following districts:
Residential Districts
|
---|
"R-1" Residence District
|
"R-2" Residence District
|
"R-3" Residence District
|
"R-4" Residence District
|
"R-5" Residence District
|
"R-6" Residence District
|
Commercial Districts
|
---|
"C-1" Commercial District
|
"C-2" Commercial District
|
"C-3" Commercial District
|
Industrial Districts
|
---|
"M-1" Industrial District
|
"M-2" Industrial District
|
Special Districts
|
---|
"FP" Floodplain District
|
"PS" Park and Scenic District
|
"MHD" Manufactured Home District
|
"C-4" Planned Commercial District
|
"M-3" Planned Industrial District
|
B.Â
Official
Zoning Map. The City is hereby divided into zones or districts as
shown on the Official Zoning Map which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
part of this Chapter.
C.Â
Annexed
Land. All territory which may hereafter be annexed to the City shall
be considered to be in the "R-1" District until otherwise classified,
except that territory already classified by municipal or County jurisdiction
shall retain that classification until otherwise reclassified.
D.Â
Rules
For Interpretation Of District Boundaries.
1.Â
Where uncertainty exists as to the boundaries of districts shown
on the Official Zoning Map, the following rules shall apply:
a.Â
Boundaries indicated as approximately following the centerlines
of streets, highways, or alleys shall be construed to follow such
centerlines;
b.Â
Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines;
c.Â
Boundaries indicated as approximately following City limits
shall be construed as following such City limits;
d.Â
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks;
e.Â
Boundaries indicated as approximately following the centerlines
of streams, rivers, canals, lakes, or other bodies of water shall
be construed to follow such centerlines;
h.Â
Where a district boundary line divides a lot which was in single
ownership at the time of passage of this Chapter, the Board of Adjustment
may permit, as a special exception, the extension of the regulations
for either portion of the lot not to exceed fifty (50) feet beyond
the district line into the remaining portion of the lot.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
Application
Of District Regulations. The regulations set by this Chapter within
each district shall be minimum regulations and shall apply uniformly
to each class or kind of structure or land, and particularly, except
as hereinafter provided:
1.Â
No building, structure, or land shall hereafter be used or
occupied and no building or structure or part thereof shall hereafter
be erected, constructed, reconstructed, moved or structurally altered
except in conformity with all of the regulations herein specified
for the district in which it is located.
2.Â
Non-residential buildings, structures and/or land (not addressed elsewhere in these regulations) must receive site plan approval from the Planning Commission before they are constructed, reconstructed, moved, erected, enlarged or land altered. (See Section 405.190, Site Plan Review).
3.Â
No building or other structure shall hereafter be erected or
altered:
a.Â
To exceed the height or bulk;
b.Â
To accommodate or house a greater number of families;
c.Â
To occupy a greater percentage of lot area;
d.Â
To have narrower or smaller rear yards, front yards, side yards,
or other open spaces than herein required; or in any other manner
contrary to the provisions of this Chapter.
4.Â
No part of a yard, or other open space, or off-street parking
or loading space required about or in connection with any building
for the purpose of complying with this Chapter shall be included as
part of a yard, open space, or off-street parking or loading space
similarly required for any other building.
5.Â
No yard or lot existing at the time of passage of this Chapter
shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this Chapter shall meet at least the minimum requirements established
by this Chapter.
6.Â
Unlisted Uses. Any use not shown as a use permitted by right, or
a conditional use in a zoning district is specifically prohibited
in that district. Uses not listed have been determined either not
to be appropriate in any district, incompatible with certain existing
uses, or sufficiently rare or unexpected as to be incapable of being
listed at the time of adoption of these Regulations. Such uses may
be authorized in planned districts solely at the discretion of the
City Council. Any use not shown as a use permitted by right, a conditional
use in any zoning district, but constituting a use that is required
to be permitted by law, shall be authorized in the "M-1" or "M-2"
or "M-3" Industrial Districts subject to the following conditions:
a.Â
The use shall be permitted only to the extent required by law to
be permitted;
b.Â
The use shall be approved only as a conditional use, except if by
law it is required to be permitted by right;
c.Â
The use shall be located no closer than one thousand (1,000) feet
from any residence, residential property, park, school, or church,
except as may be modified by the City Council through a Planned District
procedure;
d.Â
The use shall maintain a distance of at least one thousand (1,000)
feet from any other such use having the same description.
7.Â
Motor Vehicle-Oriented Establishments (MVOE). Otherwise permitted uses meeting the definition of an MVOE, as defined in Section 405.030, are deemed conditional uses and shall be subject to procedures governing such uses contained in Section 405.080, Conditional Uses and provisions contained in Section 405.150, Use and Zoning Performance Standards.
B.Â
General
Height Regulations.
1.Â
Except as specifically authorized and/or prohibited in each
particular Subsection of the Schedule of District Regulations, no
structure or building shall exceed the following heights:
a.Â
Residence. No residence shall exceed two and one-half (2Â 1/2)
stories or thirty-five (35) feet in height except that a multiple-family
dwelling with a density greater than four (4) family units per building
shall not exceed four (4) stories or fifty (50) feet in height.
b.Â
Non-Residence Building Or Structures. No non-residence building
or structure shall exceed two and one-half (2Â 1/2) stories or
thirty-five (35) feet in height except as allowed by a conditional
use permit. In any event, no structure or building, other than authorized
utility towers and antennas, shall exceed four (4) stories or fifty
(50) feet in height. Notwithstanding other provisions of this Code
to the contrary, non-residential structures or buildings excluding
signs in a "C-3" Commercial District shall not exceed one hundred
(100) feet in height.
2.Â
Exceptions To Height Regulations. The height limitations contained
in this Subsection and the Schedule of District Regulations do not
apply to spires, belfries, cupolas, antennas, water tanks, ventilators,
chimneys, or other appurtenances usually required to be placed above
the roof level and not intended for human occupancy.
C.Â
Supplementary
District Regulations.
1.Â
Accessory Buildings. No accessory building shall be erected
in any required yard, and no separate accessory building shall be
erected within five (5) feet of any other building.
3.Â
No residence may be constructed with less square footage floor
space than contained in the following table for the appropriate category:
Residences may be constructed with additional floor space but no dwelling
shall be constructed with less area than required for the one (1)
bedroom unit.
[Ord. No. 7.49 (2830), 7-21-2022]
1 or more BR
| ||||
Single-Family
|
1,250
| |||
1 BR
|
2 BR
|
3 BR
|
4 BR
| |
Two-Family, Three-Family, Four-Family, Multi-Family
|
650
|
800
|
1,000
|
1,250
|
4.Â
Structures To Have Access. Every building hereafter erected
or moved shall be on a lot adjacent to a public street, or with access
to an approved private street, and all structures shall be so located
on lots as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
5.Â
In each instance in which approval of use or development of
property is made subject to conditions by the Council or Planning
Commission in the approval of a conditional use permit, special procedure,
or planned development area, a copy of the approved ordinance, resolution,
order or permit shall be:
a.Â
Recorded by the property owner or owners prior to commencement
of development or use, and
b.Â
Furnished by the property owner or owner or petitioner to the
operator, owner, and manager, including successor operators, owners,
and managers, each of whom shall forward to the Zoning Enforcement
Officer an acknowledgment that he/she has read and understood each
of the conditions relating to the use and development of the property
affected by the ordinance, resolution, order or permit and agrees
to comply therewith.
6.Â
Dwelling units shall have at least two (2) bathrooms for every
three (3) bedrooms.
[Ord. No. 7.49 (2830), 7-21-2022]
8.Â
Parking space required by this Chapter for residential use
shall be provided on the same parcel of land that the residential
use is located. Parking space required by this Chapter for non-residential
use in a residential district shall be provided on the same lot as
the principal use of on a contiguous lot. Parking space required by
this Chapter for the "C" Shopping Districts and the "M" Industrial
Districts shall be provided on the same parcel of land as the principal
use or on a contiguous lot.
9.Â
Two (2) or more uses may combine to provide the required parking
space jointly; however, the parking space so provided shall equal
the total space required if each were to provide parking space separately.
10.Â
No private stable shall be located within one hundred fifty
(150) feet of any structure.
11.Â
Deleted.
12.Â
Deleted.
13.Â
Utility sheds, one hundred twenty (120) square feet or less
in floor area shall be exempt from the side and rear yard requirements
in "R-1," "R-2," "R-3," "R-4," "R-5," and "R-6" Residence Districts.
14.Â
Parking requirements for multiple-family residential development
shall conform to the following standards:
a.Â
Bay type parking shall be allowed on privately owned streets
only, and those streets will not be taken over by the City.
b.Â
Bay type parking will be restricted to areas in which average
daily traffic volumes are one thousand five hundred (1,500) vehicles
or less.
c.Â
Bay type parking will not be allowed on a "thru" street, restricted
to the apartment development.
d.Â
Streets shall be a minimum of twenty-six (26) feet wide for
areas utilizing bay type parking.
e.Â
Access and parking area grades shall not be less than one percent
(1%) or greater than ten percent (10%).
f.Â
Minimum sight distance shall not be less than two hundred (200)
feet.
g.Â
Speed limit shall not exceed fifteen (15) mph.
h.Â
Parking space dimensions shall not be less than a ten (10)
feet width and nineteen (19) feet depth.
i.Â
All parking areas shall be constructed to approved City specifications.
j.Â
Sidewalks shall be constructed to approved City specifications.
k.Â
Parking areas shall provide night lighting with a minimum one
(1) to two (2) foot-candle power/square feet and shall be screened
from any adjoining residential areas.
l.Â
Landscaping within the parking area shall be required at a
minimum of ten percent (10%) of the total parking area, landscaped
area totaling over ten percent (10%) of the parking area, a proportional
reduction of parking spaces will be considered.
15.Â
Setback Requirements From Arterial And Collector Streets.
a.Â
Residential zoned property fronting on arterial or collector
streets shall have a front building line thirty-five (35) feet from
the right-of-way line.
b.Â
Industrial zoned property fronting on arterial or collector
streets shall have a front building line fifty (50) feet from the
right-of-way line.
16.Â
Exceptions To Setback And Yard Requirements. Except as may otherwise
be regulated by the adopted building codes, every required setback
and yard shall remain unobstructed for its required area and full
height, except for the following permitted projections. Further, in
no instance shall the allowable encroachments exceed twenty percent
(20%) of the required area or height.
a.Â
Roof Eaves. Roof eaves, gutters, cantilevered decks or balconies
shall not project more than three (3) feet beyond the face of the
wall.
b.Â
Steps And Architectural Features. Steps, window sills, belt
courses, quoins, keystones, entablatures, rain leaders, cantilevered
chimneys, and similar architectural features shall not project more
than two (2) feet beyond the face of the wall, cantilevered bay windows
shall not be included.
c.Â
Exterior Stairways And Fire Escapes. Outside stairways, smoke-proof
towers, balconies, fire escapes or other required elements of a means
of egress, ramps not exceeding thirty (30) inches above finish grade,
exclusive of required guards, that are a component of the required
handicap accessible route shall not project more than four (4) feet
beyond the face of the wall.
17.Â
Any rezoning, planned development permit and/or conditional
use permit request for property along an existing street shall provide
additional right-of-way and overall street improvements as necessary
to meet the width requirements set forth in the subdivision ordinance.
When the property is located on only one (1) side of an existing street
or road, one-half (1/2) of the required right-of-way width and street
improvements shall be provided, measured from the centerline of the
right-of-way as originally established.
18.Â
Temporary Structures.
a.Â
Temporary structures constructed and placed on an individual
parcel for thirty-one (31) or more days, whether cumulative or consecutively,
per twelve-month period shall require a conditional use permit.
b.Â
Temporary structures may not be constructed or placed on an
individual parcel for more than one hundred eighty (180) days, whether
cumulative or consecutively, per calendar year.
c.Â
All temporary structures, regardless of duration, shall comply
with the respective zone district regulation in which it is placed.
d.Â
Exception. Recycle bins and clothing drop boxes, construction
office trailers, and portable toilets subject to conditions contained
herein.
e.Â
Construction office trailers are governed by the following restrictions:
(1)Â
Shall meet applicable district structure setbacks.
(2)Â
Exterior shall be maintained with no rusting, dents,
broken windows, etc.
(3)Â
The area around the construction trailer shall
be maintained by cutting grass and keeping free from litter.
(4)Â
The construction trailer shall be removed before
an occupancy permit (temporary or permanent) is issued.
f.Â
Portable toilets are governed by the following restrictions:
(1)Â
Portable toilets shall be provided when adequate
toilet facilities are not provided on a site associated with a building
or demolition permit or City-authorized special event.
(2)Â
Portable toilets shall be located on the site and
not on public property unless expressly authorized by the City when
associated with a special event.
(3)Â
Portable toilets shall be located a minimum of
fifteen (15) feet from all curblines, ten (10) feet from side property
lines, and at such locations so as to limit public view. The doors
to portable toilets shall not face any street or adjacent property
line.
(4)Â
Portable toilets shall be serviced at regular intervals
to maintain sanitary conditions and minimize odors.
(5)Â
Portable toilets shall be locked and secured from
tipping over when no construction, demolition, or special event activity
is present.
g.Â
Recycle bins and clothing drop boxes are governed by the following
restrictions:
(1)Â
Shall be prohibited on unimproved properties and
on developed properties which are unoccupied.
(2)Â
Shall be located on a paved surface.
(3)Â
Maximum height shall not exceed eight (8) feet.
(4)Â
Maximum floor area shall not exceed thirty-six
(36) square feet.
(6)Â
Shall be prohibited from being located in required
parking spaces, public or private right-of-way, driving aisles, fire
lanes, required landscaped areas, pedestrian areas, sight distance
triangles, or within five (5) feet of a fire hydrant.
(7)Â
Shall be set back a minimum of twenty-five (25)
feet from residential districts or properties with residential uses,
twenty-five (25) feet from public or private rights-of-way, and five
(5) feet from all other property lines.
(8)Â
Shall only be permitted upon properties within
non-residential zoning districts and upon properties with any zoning
classification that are primarily used by not-for-profit organizations.
(9)Â
Signage on bins and boxes shall be limited to five
(5) square feet per side.
(10)Â
Ownership information, to include address and
telephone number, shall be displayed upon all bins and boxes.
(11)Â
Shall utilize a mailbox or safety chute and locked
access door to prevent unauthorized entry.
(12)Â
Outdoor display or storage of materials shall
be prohibited.
(13)Â
The collection or storage of perishable items
shall be prohibited.
(14)Â
The property owner, the entity which granted permission
for placement, and the bin/box owner shall be individually and jointly
responsible for abating and removing all garbage, trash, debris and
other refuse material in the area surrounding any donation bin within
seventy-two (72) hours' written or oral notice by the City.
(15)Â
Responsibility And Liability. The owner of the
donation bin/box, the entity which granted permission for placement,
and the owner of any private property upon which a violation of these
regulations occur may be held individually and severally responsible
and liable for such violation.
19.Â
Fencing Standards.
a.Â
Purpose. The purpose of these regulations is to regulate the
materials, location, height, and maintenance of fencing and decorative
posts in order to prevent the creation of nuisances and to promote
the general welfare of the public.
b.Â
Applicability. The requirements of this Subsection apply to
all fencing and decorative posts equal to, or exceeding, thirty-six
(36) inches in height for all land uses and activities. Fencing and
decorative posts exceeding thirty-six (36) inches in height, in addition
to the provisions contained within this Subsection, are subject to
the provisions of the Zoning Code pertaining to sight triangles and
setbacks. As used in this Subsection, "decorative posts" are defined as ornamental poles or stakes with attached chains,
wood or other materials, which serve only aesthetic purposes.
(1)Â
All fences require a permit from the Community Development Department.
The following information must be provided for review prior to the
issuance of a permit.
c.Â
Standards.
(1)Â
Materials.
(a)Â
Residential Districts ("R-1," "R-2," "R-3," "R-4,"
"R-5," And "R-6"). Acceptable materials for fencing and decorative
posts include masonry, rigid synthetic materials, wood, wrought iron,
and chain link. Barbed wire, razor wire, hardware cloth, electric,
and wire mesh fencing is strictly prohibited.
(b)Â
Non-Residential Districts ("C-1," "C-2," And "C-3").
Acceptable materials for fencing and decorative posts include masonry,
rigid synthetic materials, wood and wrought iron. Barbed wire, razor
wire, hardware cloth, wire mesh, chain link and electric fencing is
strictly prohibited except that chain link and barbed wire fencing
is permitted for and on security fences at heights equal to or greater
than six (6) feet subject to review and approval by the Planning Commission.
(c)Â
Non-Residential Districts ("M-1," "M-2," "FP,"
And "PS"). Acceptable materials for fencing and decorative posts include
masonry, rigid synthetic materials, wood, wrought iron and chain link.
Barbed wire fencing is permitted on security fences at heights equal
to or greater than six (6) feet. Razor wire, hardware cloth, electric
and wire mesh fencing is strictly prohibited.
(d)Â
For the purpose of this Subsection, "temporary
fencing" is defined as a fence constructed of something other
then masonry, synthetic materials, wood, wrought iron, and chain link,
or barbed wire, such as cloth mesh or hardware cloth. Temporary fencing
is only allowed for the purpose of protecting excavation and construction
sites and the protection of plants during grading and construction.
(2)Â
Location.
(a)Â
Residential Districts ("R-1," "R-2," "R-3," "R-4,"
"R-5," And "R-6").
(i)Â
Decorative posts may be located no closer than
two (2) feet to the front yard or street yard property line.
(ii)Â
Fences in the required front yard setback are prohibited except that on lots with more than one (1) street frontage, fences may project up to ten (10) feet into required street yards other than the required front yard. (See Subsection (C)(19)(c)(3) below.)
(iii)Â
Fences may be located on any property line abutting
a side or rear yard that is not a street yard.
(b)Â
Non-Residential Districts ("C-1," "C-2," "C-3,"
"M-1," "M-2," "FP," And "PS").
(i)Â
Decorative posts may be located no closer than
two (2) feet to the front yard or street yard property line.
(ii)Â
Fences are prohibited in the required front yard setback except that on lots with more than one (1) street frontage, fences may project up to ten (10) feet into required street yards other than the required front yard. (See Subsection (C)(19)(c)(3) below.)
(iii)Â
Fences may be located on any property line abutting
a side or rear yard that is not a street yard.
(c)Â
All Districts. The City shall not be responsible
for the replacement of any fence that is constructed over an easement.
However, fences shall not obstruct any manhole or inlet covers nor
impede the natural flow of storm water.
(3)Â
Maximum Height For All Fences. The maximum height
of any fence or decorative post shall be six (6) feet six (6) inches
within permitted locations and subject to the following exceptions:
(a)Â
A maximum four (4) foot high fence may be permitted
within a required front or street yard beyond the above limitations
subject to approval by the Planning Commission.
(b)Â
Continuous, minimum, four (4) foot high fencing
shall be required to enclose all swimming pools (including above ground
pools) and shall also meet the requirements of the current building
codes adopted by the City.
[Ord. No. 14.561 (Bill No. 2839), 11-3-2022
(4)Â
Orientation. Any and all fences or decorative posts
shall be erected so as to locate visible supports and other structural
components toward the subject property. Swimming pool fencing shall
also meet the requirements of the current building codes adopted by
the City.
(5)Â
Access. Fences which enclose a property or a portion
of a property shall provide a minimum three-foot wide opening or gate
to any street side of such enclosure for emergency access.
(6)Â
Maintenance. The owner shall repair, paint, remove
or otherwise attend to any fence if it becomes deteriorated, in disrepair
or a menace to public safety, health or welfare. The Community Development
Department of the City is hereby empowered to issue notices to lot
owners to comply with this Subsection and other provisions of this
Chapter. Lot owners will be given a reasonable time to comply with
this Subsection, but not to exceed fifteen (15) days except that a
longer period may be given at the discretion of the Community Development
Department if such compliance would cause an undue hardship.
(7)Â
Non-Conforming Fencing. All legal fences existing prior to the effective date of this Subsection shall be subject to the non-conforming provisions of the Zoning Code except as noted in Subsection (C)(19)(c)(8) below and/or when a property changes ownership and/or tenants. At such time, the fence loses all protection of the Zoning Code and must be brought into compliance or be removed.
(8)Â
Temporary fencing not used for protecting excavation
and construction sites and the protection of plants during grading
and construction must be removed within fifteen (15) days from adoption
of these provisions.
20.Â
Use Of Vehicle Or Trailers For Storage Prohibited. Neither vehicles
(whether operable or inoperable) nor trailers (whether on or off axles)
may be used as storage buildings. This shall apply to all vehicles
and trailers, including commercial vehicles, recreational vehicles,
panel vans, semi-trailers, railroad boxcars, intermodal shipping containers,
CONEX boxes, ISO containers, etc., except as follows:
a.Â
Tractor and semi-trailer combinations (i.e. "tractor-trailers") may be used for temporary storage [e.g., up to three (3) months], for businesses located on the same property, where the property is zoned "M-1," "M-2," or "M-3," or as explicitly authorized in property zoned "C-4," subject to conditions contained in Section 405.050(C)(20)(b)(2), (3), (4), (5), (6), (7), (8) and (9), below.
(1)Â
The Community Development Director may grant a
one-time extension upon written request for a period not to exceed
three (3) months. The City Council, after review and recommendation
of the Planning Commission, may grant an additional one-time, non-renewable
additional extension of up to six (6) months, upon written request.
b.Â
Trailers, as referenced herein, may be utilized for seasonal
storage on property zoned "C-2" or "C-3," or as explicitly authorized
in property zoned "C-4," between November 1 and January 31, subject
to the following:
(1)Â
A permit must be submitted for review and approval
by staff, prior to the placement of seasonal storage trailers, to
include an application and support documentation delineating the location
on the property where the trailers shall be located, all buildings
and structures, drive lanes, parking areas, points of ingress/egress,
and all information necessary to demonstrate compliance with this
Subsection, as directed by staff.
(2)Â
Trailers shall not be located in rights-of-way,
easements, internal drive aisles or roads, required yard setbacks,
required parking spaces, fire lanes, in prominent view from rights-of-way
or access lanes (i.e., the public viewshed), or so positioned to block
access to utilities or public services (e.g., manholes, meters, fire
hydrants, fire lanes, etc.).
(3)Â
The exterior of the trailers must be maintained
with no rusting, dents or peeling paint.
(4)Â
Trailers shall be located on a hardened surface
(e.g., concrete, asphalt).
(5)Â
Trailers shall be located directly on the ground
(i.e., stacking of trailers shall not be permitted).
(6)Â
Trailers shall be prohibited from connecting to
utility services, from tapping into the services of the primary facility
(i.e., using extension cords to provide electricity, garden hoses
to provide water, etc.), or from connecting to peripheral devices
such as, but not limited to, air compressors, refrigeration/heating
units, generators, etc.
(7)Â
Trailers shall be prohibited from storing perishable
goods.
(8)Â
Trailers shall be prohibited from storing hazardous
or dangerous materials (e.g., chemicals, solvents, propane, explosives,
etc.), except when the applicant provides documentation from the appropriate
governing authorities (e.g., Building Department, Fire, Police, EPA,
MoDNR, etc.) that all required safety and security requirements have
been met.
(9)Â
Failure to satisfy any of the requirements of this
Subsection shall be considered a separate misdemeanor offense for
each trailer where such offense has occurred and is punishable by
a fine of two hundred dollars ($200.00) per offense without further
warnings or notices being issued. Each day that the offense(s) shall
continue shall be considered a separate violation. For purposes of
clarification, each trailer on a property which is in violation of
this Subsection shall be a separate violation, and each day that such
trailer remains in violation of this Subsection shall be a separate
violation, such that the fine of two hundred dollars ($200.00) shall
apply per trailer per day.
21.Â
Special Events.
[Ord. No. 14.551 (2791), 5-20-2021]
a.Â
Scope. No person or entity shall occupy any portion of public or
private property for a special event, as defined herein, without a
current, valid City permit for the special event.
b.Â
Exceptions.
(1)Â
Otherwise permitted indoor activities within permanent, non-mobile
structures on private property, do not require a special event permit;
however, other City ordinances may apply.
(2)Â
Any event on City Parks when authorized by the Parks Director
or City Administrator.
(3)Â
Fireworks stands, as defined herein, shall not be regulated
by this Chapter.
c.Â
Conditions And Limitations. The following conditions and limitations
must be adhered to for each permitted category of special event.
(1)Â
Special Events.
(a)Â
Civic Events, Conditions And Limitations.
(i)Â
Civic events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.
(ii)Â
Civic events shall be permitted within any "C"
or "M" Zoning District or on any lot occupied by a church, school,
or non-profit organization. Notwithstanding the foregoing, charity
runs/walks and parades may occur on public rights-of-way and private
streets, so long as permission is granted from the owner of the right-of-way
or private street.
(iii)Â
The length of each civic event shall not exceed
three (3) consecutive days, except for seasonal tree, pumpkin, or
plant sales, which may occur within a single period not exceeding
forty-five (45) consecutive days, and carnivals and circuses, which
may occur within a single period not exceeding fourteen (14) days.
(iv)Â
Civic events shall occur no more than three (3)
times per calendar year; however, seasonal tree, pumpkin, and plant
sales, and carnivals and circuses shall not count towards the number
of allowable civic events.
(b)Â
Sales And Promotional Events, Conditions And Limitations.
(i)Â
Sales and promotional events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.
(ii)Â
Sales and promotional events shall be permitted
within any "C" or "M" Zoning District.
(iii)Â
The length of each sales and promotional event
shall not exceed three (3) consecutive days, except for a grand opening,
which may occur within a single period not exceeding fourteen (14)
consecutive days.
(iv)Â
Sales and promotional events shall occur no more
than three (3) times per calendar year, except a grand opening sales
and promotional event shall not count towards the number of allowable
sales and promotional events, provided that such grand opening is
associated with a new business license and occupancy permit being
issued for such business.
(c)Â
Private Events, Conditions And Limitations.
(i)Â
Private events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.
(ii)Â
Private events shall be permitted within any non-residential
zoning district or on any lot occupied by a church, school, non-profit
organization, home owners association or similar entity.
(iii)Â
Duration. Shall not exceed one (1) day in length
exclusive of set-up and removal of tents, canopies, signs, inflatable
devices, etc.
(iv)Â
Shall be kept clean and orderly, consistent with
the most currently adopted codes and ordinances.
(d)Â
General Conditions And Limitations For All Special Events.
(i)Â
As a condition to the grant of a special event
permit, the applicant shall provide written evidence establishing
that permission of the property owner has been granted to conduct
the special event as proposed.
(ii)Â
The special event shall be conducted at least
thirty (30) feet from any dwelling on adjacent properties. However,
carnivals shall be conducted at least one hundred (100) feet from
any dwelling located in a residentially zoned district.
(iii)Â
Special events may utilize tents and other temporary
structures; however, such structures with floor areas in excess of
two hundred (200) square feet shall require a building permit and
are subject to fees therefore.
(iv)Â
Special events may utilize inflatable devices,
provided that the applicant for a special event permit has submitted
manufacturer documentation and/or calculations demonstrating the anchoring
system to be utilized to demonstrate safety of said device; and that
such device does not wave, flutter or move back and forth or up and
down.
(v)Â
Special events may utilize temporary signage as
permitted herein.
(vi)Â
Tents or other temporary structures, inflatable
devices, and special event signage shall not be located within the
thirty-foot sight triangle of a driveway or street or within ten (10)
feet of a side property line.
(vii)Â
No tent or other temporary structure, inflatable
device, or sign shall exceed the height allowed, as measured from
the ground, for structures for the zoning district in which it is
located.
(viii)Â
Tents or other temporary structures, inflatable
devices, and signs shall pose no unusual fire or other hazard and
shall have received all safety and other inspections and approvals
required by State or local law in order to be operated or utilized.
(ix)Â
Outdoor activities, other than the continued placement
of signs, tents or other temporary structures, and inflatable devices
(as authorized herein), shall not be conducted earlier than 9:00 A.M.
nor later than 11:00 P.M.
(x)Â
No outdoor activities shall block traffic movement
on any street unless explicit permission has been granted by the City
of Arnold and any other applicable jurisdiction.
(xi)Â
The use of any sound system shall be controlled
so as not to become a nuisance to adjacent properties.
(xii)Â
Any light source shall be shielded or directed
downwards so that the lighting element is not visible at or beyond
the property lines of the parcel or lot on which the special event
is located.
(xiii)Â
Flashing and moving lights shall not be utilized,
except that carnivals may employ up to two (2) arc-light devices.
(xiv)Â
Adequate parking facilities shall be provided
in an amount to be determined by the Community Development Director,
or designee, based on the intensity of the primary use of the property
and that of the special event. Special event parking shall be on a
hardened surface, to include such materials as asphalt, concrete,
paver brick, compacted sand, compacted gravel, clay, or other material
as approved by the City Engineer.
(xv)Â
Available sanitation facilities shall be adequate
to meet the requirements of the expected attendance of the special
event; and any temporary restroom facilities shall be approved for
use by the Jefferson County Health Department.
(xvi)Â
Mobile food vehicles shall be permitted in conjunction with a special event permit issued pursuant to this Section, provided that such permit specifically authorizes the operation of mobile food vehicles, and such mobile food vehicles have been granted a permit per the requirements of Chapter 605 of this Code.
(xvii)Â
Such other conditions as the Community Development
Director, City Engineer, Chief of Police or the Fire District finds
necessary to protect the general welfare of the community.
(xviii)Â
Special event signage permitted:
A)Â
During a special event, one (1) freestanding special
event sign may be posted per street frontage of the lot where the
special event is occurring, provided that such signs:
1)
|
Have a maximum single sign-face area of twenty-four (24) square
feet.
|
2)
|
Do not exceed ten (10) feet in height as measured from the ground
to include its structure.
|
B)Â
During a special event, one (1) building-mounted
banner special event sign may be posted, provided that such signs:
1)
|
Have a maximum sign-face area of thirty-two (32) square feet.
|
2)
|
Are only mounted on building walls, parapet walls, retaining
walls, or fences, except on properties or buildings with multiple
businesses, such as but not limited to shopping centers, where such
signs shall only be located on the portion of the building face where
the business or use is located.
|
(xix)Â
Special event signage, not specifically permitted,
is prohibited. Prohibited signs, include, but are not limited to,
the following:
A)Â
Signs that by electronic, mechanical, environmental
activation or other means, flap, flash, flutter, glitter, move, revolve,
rotate, sparkle, spin, swing, scroll text across any portion of a
sign, or display video content on any portion of a sign.
B)Â
Signs whose color, location or design resembles
and/or conflicts with traffic control signs or devices.
C)Â
Signs that are painted on or attached to trees,
shrubs, lampposts, hydrants, guardrails, bridge supports, traffic
signs, stairways, benches, refuse containers, rocks, other natural
features, telephone poles, utility poles or similar structures.
D)Â
Signs that are affixed or attached to any vehicle,
including trucks, cars, motorbikes, and bicycles, or to any trailer,
wheeled cart, wagon platform, or any device designed to be towed behind
a vehicle.
E)Â
Signs that emit amplified sound or noise of any
kind.
F)Â
Signs that are internally or externally lit.
G)Â
Human or living signs (i.e., a sign that is held
by or attached to a human being who stands or walks on the ground,
including a person dressed in a costume for the purposes of advertising
or attracting the attention of passersby), captive or tethered balloons,
blimps, dirigibles, beacons or flashing lights (except as authorized
herein), flags, fringe, pennants, pinwheels, handbills, or paper posters.
d.Â
Fees. Applications for special event permits require no fee, however,
applicable building permit and business license fees may be required
as governed by this Code.
e.Â
Issuance Of Special Event Permits.
(1)Â
An application for a permit for conducting a special event may
be filed with the Community Development Department on forms provided
by that official and accompanied by plans, data and other material
as may be necessary to fully describe the nature, location and timing
of the special event. Such applications shall be filed at least fourteen
(14) calendar days before the event to allow for its review. If the
Community Development Director, or their assigns, finds that the conditions
contained in this Section, as applicable, will be adhered to, he or
she shall authorize the issuance of a permit for such special event.
However, the Community Development Director, or their assigns may
reject such applications for cause, including, but not limited to,
the advice of the Chief of Police, the Fire District, or the City
Engineer.
f.Â
Appeal Of The Permit Decision.
(1)Â
An applicant may appeal a staff decision denying a special event
permit to the City Administrator, whose decision shall be final. The
applicant must initiate the appeal process within five (5) business
days of the date of the challenged decision. The applicant must include
at least the following information in order for the City Administrator
to consider the appeal:
(2)Â
The City Administrator will issue a decision in a timely manner.
g.Â
Revocation Of Special Event Permits.
(1)Â
The Community Development Director may revoke a permit granted
under this Section under the following conditions:
(a)Â
The permit was obtained by fraud or misrepresentation; or
(b)Â
Authorized signs, tents or other temporary structures and inflatable
devices are not being maintained in good condition and repair; or
(c)Â
When the safety or general welfare of the community is determined
to be at risk by the Chief of Police, City Engineer, Building Commissioner,
or Fire District.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
Intent.
1.Â
Within the districts established by this Chapter or amendments
that may later be adopted there exist:
2.Â
It is the intent of this Chapter to permit these non-conformities
to continue, except as delineated herein, until they are removed,
cease operation, or damaged beyond fifty percent (50%), but not to
encourage their survival. It is further the intent of this Chapter
that non-conformities shall not be enlarged upon, expanded, or extended,
nor be used as grounds for additions, expansions of operations of
the use, and/or adding other structures or uses prohibited elsewhere
in the same district.
3.Â
Non-conforming uses are declared by this Chapter to be incompatible
with permitted or, in some situations, conditional uses in the districts
involved. A non-conforming use of a structure, a non-conforming use
of land, or a non-conforming use of structure and land in combination
shall not be enlarged upon, expanded, or extended, nor be used as
grounds for additions, expansions of operations of the use, and/or
adding other structures or uses prohibited elsewhere in the same district
after passage of this Chapter by attachment on a building or lands
of additional signs intended to be seen from off the lands, or by
the addition of other uses, of a nature which would be prohibited
generally in the district involved.
4.Â
To avoid undue hardship, nothing in this Chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this Chapter and
upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include the planning of
construction materials in permanent position and fastened in a permanent
manner.
5.Â
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for other property.
B.Â
Non-Conforming Lots Of Record. For purposes of this Chapter, the
terms "single ownership" and "same ownership" shall be interchangeable,
and shall refer to contiguous lots or parcels owned by single or multiple
individuals, trusts, corporations, partnerships, or other parties
of interest, and shall include contiguous lots or parcels owned by
any combination of husband and/or wife, or other legal spousal relationships
pursuant to State Statute.
1.Â
In any district in which single-family dwellings are permitted,
a single-family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption
or amendment of this Chapter, notwithstanding limitations imposed
by other provisions of this Chapter. Such lot must be in separate
ownership and not of contiguous frontage with other lots in the same
ownership; provided, however, that if the said lot is of record in
a subdivision of record as of the passage of this Chapter and if said
subdivision of record has constructed residences upon seventy percent
(70%) or more of its platted lots of record, then single-family residences
may be constructed on each of said platted lots as non-conforming
lots of record. This provision shall apply even though such lot fails
to meet the requirement for area or width, or both, that are generally
applicable in the district, provided that yard and dimensions and
requirements other than these applying to area or width, or both,
of lot shall conform to the regulations for the district in which
such lot is located. Variance of yard requirements shall be obtained
only through action of the Board of Adjustment.
2.Â
If two (2) or more lots or combination of lots and portions
of lots with contiguous frontage in single ownership are of record
at the time of passage or amendment of this Chapter, and if all or
part of the lots do not meet the requirements established for lot
width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of this Chapter, and no portion of said parcel
shall be used or sold in a manner which diminishes compliance with
lot width and area requirements established by this Chapter, nor shall
any division of any parcel be made which created a lot with width
or area below the requirements stated in this Chapter; provided, however,
that if the said lots or combinations of lots and portions of lots
with contiguous frontage in single ownership are of record in a subdivision
of record as of the passage of this Chapter and if said subdivision
of record has constructed residences upon seventy percent (70%) or
more of its platted lots of record, then platted lots in said subdivision
shall be one (1) lot and not an undivided parcel.
C.Â
Non-Conforming Structures. Where a lawful structure exists at the
effective date of adoption or amendment of this Chapter that could
not be built under the terms of this Chapter by reason of restrictions
on area, lot coverage, height, yard, its location on the lot, or other
requirements concerning the structure, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
1.Â
No such non-conforming structure may be enlarged or altered
in a way which increases its non-conformity, but any structure or
portion thereof may be altered to decrease its non-conformity.
2.Â
Should such non-conforming structure or non-conforming portion
of structure be destroyed by any means to an extent of more than fifty
percent (50%) of its replacement cost at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this Chapter.
3.Â
Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulation for the district
in which it is located after it is moved.
4.Â
Pre-existing Single-Family, Two-Family, Three-Family, Four-Family, and Multi-Family Dwelling structures that do not meet the regulations contained in this Chapter, including but not limited to Section 405.160, Building and Site Design Standards, shall be non-conforming structures, and subject to Section 405.070(C)(1-3) and the following provisions:
[Ord. No. 7.49 (2830), 7-21-2022]
a.Â
Any non-conforming single-family detached residence that is destroyed
by an act of God or other non-negligent unintentional cause may be
rebuilt as it existed prior to its destruction subject to the adopted
Building Code and Federal and State requirements.
b.Â
The expansion of any non-conforming Single-Family, Two-Family, Three-Family,
Four-Family, or Multi-Family residence shall require approval by the
Board of Adjustment, except that the addition of non-living spaces
such as open porches, screened porches, porticos, decks, and balconies,
shall be permitted subject to the respective district's yard setback
requirements.
D.Â
Non-Conforming Uses Of Structures, Land, Or Structures And Lands
In Combination. If lawful use involving individual structures with
a replacement cost of ten thousand dollars ($10,000.00) or more, or
of structure and lands in combination, exists at the effective date
of adoption or amendment of this Chapter, that would not be allowed
in the district under the terms of this Chapter, the lawful use may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
1.Â
No such non-conforming use shall be enlarged, expanded or increased
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this Chapter.
2.Â
No such non-conforming use shall be moved in whole or in part
to any portion of the lot or parcel other than that occupied by such
use at the effective date of adoption or amendment of this Chapter.
3.Â
If any such non-conforming use of a structure, land or structure
and land in combination ceases for any reason for a period of more
than sixty (60) days (except when government action impeded access
to the lands), any subsequent use of such structure, land or structure
and land in combination shall conform to the regulations specified
by this Chapter for the district in which such structure, land or
structure and land in combination is located.
4.Â
No additional structure or structures shall be erected in connection
with such non-conforming use of land.
5.Â
No existing structure devoted to a use not permitted by this
Chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located.
6.Â
If no structural alterations are made, any non-conforming use
of a structure, land or structure and lands may as a special exception
be changed to another non-conforming use, provided that the Board
of Adjustment, either by general rule or by making findings in the
specific case, shall find that the proposed use is equally appropriate
or more appropriate to the district than the existing non-conforming
use. In permitting such change, the Board of Adjustment may require
appropriate conditions and safeguards in accordance with the provisions
of this Chapter.
7.Â
Any structure, land or structure and land in combination, in
or on which a non-conforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the district, and
the non-conforming use may not thereafter be resumed.
8.Â
Where non-conforming use status applies to a structure, land
or structure and land in combination, removal or destruction of the
structure shall eliminate the non-conforming status of the land. "Destruction," for the purpose of this Subsection, is defined
as damage to an extent of more than fifty percent (50%) of the replacement
cost at time of destruction.
E.Â
Repairs And Maintenance.
1.Â
On any non-conforming structure or portion of a structure containing
a non-conforming use, work may be done in any period of twelve (12)
consecutive months on ordinary repairs, or on repair or replacement
of non-bearing walls, fixtures, wiring, or plumbing, to an extent
not exceeding ten percent (10%) of the current replacement cost of
the non-conforming structure or non-conforming portion of the structure,
as the case may be, provided that the cubic content existing when
it became non-conforming shall not be increased.
2.Â
If a non-conforming structure or portion of a structure containing
a non-conforming use becomes physically unsafe or unlawful due to
lack of repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired, or rebuilt except in
conforming with the regulations of the district in which it is located.
3.Â
Nothing in this Chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
F.Â
Non-Conforming Uses Which Otherwise Require A Conditional Use Permit. Any use which is permitted with a conditional use permit in a district under the terms of this Chapter (other than a change through Board of Adjustment action from a non-conforming use to another use not generally permitted in the district) shall be deemed a non-conforming use in such district, and will be permitted to continue under the terms for non-conforming uses or until such time as a conditional use permit has been granted by the City under the terms contained in Section 405.080, Conditional Uses.
G.Â
Non-Conforming Manufactured Home Parks And Non-Conforming Manufactured
Homes. All non-conforming manufactured home parks and other non-conforming
manufactured homes lawfully existing at the effective date of the
adoption of this Chapter that would not be allowed in the zoning district
or under the terms of this Chapter may be continued so long as they
remain otherwise lawful, subject to the following special provisions:
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
1.Â
Non-Conforming Manufactured Home Parks Within "MHD" Manufactured
Home Districts. Manufactured home parks located in "MHD" Manufactured
Home Districts that are non-conforming due to lot size, setback, or
other such characteristics shall be subject to the following special
provisions:
a.Â
Shall not be expanded or modified except in conformance with
the guidelines of the "MHD" Manufactured Home District.
b.Â
Non-conforming manufactured home parks or parts thereof that
are made to conform with the regulations of the "MHD" Manufactured
Home District shall thereafter be required to conform and shall not
be altered to create a non-conforming use.
c.Â
Any non-conforming manufactured home park destroyed by any means
to an extent of more than fifty percent (50%) of its reconstruction
cost at the time of destruction, including streets, pads and utilities,
shall not be reconstructed except in conformance with the provisions
of the "MHD" Manufactured Home District.
d.Â
Notwithstanding other provisions of the "MHD" Manufactured Home
District regulations to the contrary, manufactured home parks that
are located within "MHD" Manufactured Home Districts that existed
at the time of adoption of this Chapter shall meet the following minimum
requirements:
(1)Â
Manufactured homes shall not be located closer
than ten (10) feet to any street right-of-way, road easement, or street
that is located within the boundaries of the manufactured home park.
No manufactured home shall be located closer than twenty (20) feet
to any street right-of-way or road easement that is located outside
the boundaries of the manufactured home park.
(2)Â
Manufactured home pads may not be expanded, and
larger manufactured homes may not be placed in the manufactured home
park.
(3)Â
Manufactured homes shall be located so that there
is a clear space of not less than fifteen (15) feet between it and
any other manufactured home, building, or structure of any kind, except
storage sheds not exceeding ten (10) feet by ten (10) feet in dimension
or any required fencing. Any deck, carport, patio cover, or other
appurtenance that is constructed of combustible material shall be
considered to be a part of the manufactured home and shall not be
located closer than fifteen (15) feet to any other manufactured home,
building, or structure of any kind.
(4)Â
For the purposes of this Chapter, the above setback
provisions shall be applied without regard to any internal side or
rear property lines for lots that are platted within the manufactured
home park.
e.Â
Any non-conforming manufactured home park within an "MHD" Manufactured
Home District that ceases operation for a period of sixty (60) days,
for any reason (except when government action impeded access to the
lands), any subsequent reopening of the manufactured home park shall
only be permitted when such operation is in full conformance with
the regulations for "MHD" Manufactured Home Districts; provided, that
in addition to its normal usage and meaning and for the purposes of
this Chapter, a manufactured home park is deemed to be not operating
if any required City license or renewed license is not obtained or
in effect within sixty (60) days after the licensee is notified, in
writing, by the City to obtain or renew the license. Failing the reopening
of the park in full conformance with the regulations for "MHD" Manufactured
Home Districts, all manufactured homes shall be removed from the premises
in their entirety, to include the removal of all appurtenances and
accessory structures, including, but not limited to, pads, utility
service lines, sheds, drives, parking areas, etc.
2.Â
Non-Conforming Manufactured Home Parks Not Located In A "MHD"
Manufactured Home District. All manufactured home parks that are not
located within "MHD" Manufactured Home Districts are considered as
non-conforming uses and as such are subject to the following special
provisions:
a.Â
All manufactured home parks or parts of manufactured home parks
that are not located within "MHD" Manufactured Home Districts are
prohibited from expanding upon the non-conforming use by adding additional
pads, lots, or other facilities to enable the placement of additional
manufactured homes.
b.Â
Notwithstanding other provisions of this Chapter to the contrary,
manufactured home parks that are not located within "MHD" Manufactured
Home Districts that existed at the time of adoption of this Chapter
shall meet the following minimum requirements:
(1)Â
Manufactured homes shall not be located closer
than ten (10) feet to any street right-of-way, road easement, or road
that is located within the boundaries of the manufactured home park.
No manufactured home shall be located closer than twenty (20) feet
to any street right-of-way or road easement that is located outside
the boundaries of the manufactured home park.
(2)Â
Manufactured home pads may not be expanded, and
larger manufactured homes may not be placed in the manufactured home
park.
(3)Â
Manufactured homes shall be located so that there
is a clear space of not less than fifteen (15) feet between it and
any other manufactured home, building, or structure of any kind, except
storage sheds not exceeding ten (10) feet by ten (10) feet in dimension
or any required fencing. Any deck, carport, patio cover, or other
appurtenance that is constructed of combustible material shall be
considered as a part of the manufactured home and shall not be located
closer than fifteen (15) feet to any other manufactured home, building,
or structure of any kind.
(4)Â
For the purposes of this Chapter, the above setback
provisions shall be applied without regard to any internal side or
rear property lines for lots that are platted within the manufactured
home park.
c.Â
A non-conforming manufactured home park destroyed by any means
to an extent of more than fifty percent (50%) of its reconstruction
cost at the time of its destruction, to include streets, pads, and
utilities, shall not be reconstructed.
d.Â
Any non-conforming manufactured home park not located in an
"MHD" Manufactured Home District that ceases legal operation for sixty
(60) days, for any reason (except when government action impeded access
to the lands), shall be deemed abandoned; provided, that in addition
to its normal usage and meaning and for the purposes of this Chapter,
a manufactured home park is deemed to be not operating if any required
City license or renewed license is not obtained or in effect within
sixty (60) days after the licensee is notified, in writing, by the
City to obtain or renew the license; and shall not be used thereafter
as a manufactured home park; and all manufactured homes, appurtenances,
including, but not limited to, pads, utility service lines, sheds,
etc., shall be removed.
3.Â
Non-Conforming Manufactured Homes Not Located Within Manufactured
Home Parks. All manufactured homes lawfully existing at the date of
the adoption and approval of this Chapter that are not located within
manufactured home parks or "MHD" Manufactured Home Districts are considered
as non-conforming uses and as such are subject to the following special
provisions:
a.Â
Manufactured homes which are not located in a manufactured home
park existing on the effective date of this Chapter may not be replaced
with another manufactured home; and
b.Â
Manufactured homes which are not located in a manufactured home park existing on the effective date of this Chapter may only be repaired or renovated as permitted in Section 405.070(E), Repairs and Maintenance.
c.Â
Manufactured homes, which are not located in a manufactured home
park existing on the effective date of this Chapter, shall not be
moved for any reason for any distance whatsoever except for their
removal.
d.Â
Manufactured homes, which are not located in a manufactured home
park existing on the effective date of this Chapter that cease to
be legally occupied for sixty (60) days, for any reason, shall be
deemed abandoned; and shall be removed from the premises in their
entirety, to include the removal of all appurtenances and accessory
structures, including, but not limited to, pads, utility service lines,
sheds, drives, parking areas, etc.
H.Â
Termination And Removal Of Non-Conforming Use.
1.Â
The period of time during which the following non-conforming
uses of buildings, structures or land may continue or remain shall
be limited to two (2) years from the effective date of the original
ordinance, or for two (2) years from any amendment thereto which causes
the use to be non-conforming. Every such non-conforming use shall
be completely removed from the premises at the expiration of the two-year
period. Those uses to which the above applies are as follows:
a.Â
Any non-conforming building or structure having a fair cash
market value not in excess of one thousand dollars ($1,000.00) on
the effective date of this Chapter.
b.Â
Any of the following non-conforming structures, vehicles or
other outdoor equipment, which are not attached to a building and
existed lawfully on the effective date of this Chapter:
(1)Â
Non-conforming signs;
(2)Â
Billboards;
(3)Â
Outdoor advertising structures; and
(4)Â
Commercial vehicles, recreational vehicles, panel
vans, semi-trailer, railroad boxcars, intermodal shipping containers,
CONEX boxes, ISO containers, etc., being utilized for the purpose
of storage or as storage buildings, except as expressly allowed in
the Zoning Ordinance.
c.Â
Any non-conforming use of land where no enclosed building is
involved, or where the only buildings employed are accessory or incidental
to such use, or where such use is maintained in connection with a
conforming building other than automobile wrecking yards and junk
yards. However, public or private off-street parking lots lawfully
established prior to the effective date of this Chapter shall not
be affected by this provision.
2.Â
No junk or automobile salvage yard shall be operated or maintained
for more than thirty-six (36) months after a zoning change to a use
district within which such use is not permitted, except that in an
"M-3" Limited Manufacturing District, the City Council may permit,
for a specified time, the continued use of an area containing a junk
or automobile salvage yard, provided that a six-foot-high masonry
wall or durable, decorative, sightproof fence be constructed around
such areas.
3.Â
Pre-existing, non-conforming unpaved driveways shall be brought into
full compliance with paving requirements when:
[Ord. No. 7.48 (2825), 5-19-2022]
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
It is hereby declared that certain land uses and developments present
unique problems with respect to their proper location, relationship
to other land uses and uses. Therefore, analysis and judgment of the
consequences of each development and use is necessary to preserve
and to promote the public health, safety, and general welfare. The
following procedure is to govern the establishment of such developments
and uses:
1.Â
The Planning Commission shall file a report with the Council
in which said Commission shall grant, conditionally grant, or deny
an application for a conditional use permit and state those reasons
therefore. The Planning Commission, after public hearing, may permit
those developments and uses where such developments and uses have
met the below criteria:
a.Â
Consistent with good planning practice;
b.Â
Can be operated in a manner that is not detrimental to the
permitted developments and uses in the district;
c.Â
Can be developed and operated in a manner that is visually
compatible with the permitted uses in the surrounding area;
d.Â
Deemed essential or desirable to preserve and promote the public
health, safety, and general welfare of the City of Arnold.
In approving such conditional uses, the Planning Commission
shall impose such conditions as it determines necessary to satisfy
the criteria established in this paragraph.
|
2.Â
Unless otherwise stated, substantial work or construction under
a conditional use permit must be commenced within one (1) year, or
the permit shall terminate. Conditional use permits shall be for an
unlimited period unless a lesser period shall be provided in a particular
permit. Upon the expiration of the time limit specified in a particular
permit, the property owner may request that the conditional use permit
be reviewed by the Planning Commission which body may extend it for
an unlimited period or for an additional period of time. This review
and extension may take place without a public hearing and forwarding
to City Council.
3.Â
The granting of a conditional use permit may be initiated by
a resolution of intention by the Planning Commission or the Council
or by a verified application of one (1) or more of the owners or authorized
representative of the owners of the property proposed to be changed.
Upon denial by the Planning Commission of an application for
a conditional use permit, the Commission shall notify the applicant
of the denial. If no appeal is taken from said denial and if the Council
does not exercise its power of review, no subsequent application for
a like use with reference to the same property or part thereof shall
be filed by any applicant, whether the same person or persons, firm
or corporation, until the expiration of twelve (12) months after the
denial. No provision herein shall be construed to prevent the Planning
Commission or Council from initiating the procedure provided in this
Section by a resolution of intention at any time.
4.Â
Application For Conditional Use Permits, Forms And Contents.
a.Â
Applications for conditional use permits shall be addressed
to the Arnold Planning Commission and filed in its office upon forms
prescribed for that purpose by the Planning Commission and accompanied
by the following:
(1)Â
A preliminary development plan and other information
in such detail including, but not limited to, the following:
(a)Â
Preliminary site plans showing proposed uses and
structures.
(b)Â
Existing and proposed contours at intervals of
two (2) feet or less referred to mean sea level.
(c)Â
A landscaping plan, which shall include location
of all existing tree masses and isolated trees having a trunk diameter
of six (6) inches or more, and all other proposed landscaping.
(d)Â
Two (2) cross section profiles through the site
showing preliminary building form, existing natural and proposed final
grade.
(e)Â
The proposed ingress and egress to the site including
adjacent streets.
(f)Â
A preliminary plan for provision of sanitation
and drainage facilities.
(g)Â
Other information as prescribed by the City of
Arnold.
b.Â
Names and mailing address, on mailing labels, of adjacent property
owners within one hundred eighty-five (185) feet of the property in
question.
c.Â
Each application shall be verified by at least one (1) of the
owners or authorized representatives of the owners of the property
to be changed attesting to the truth and correctness of all facts
and information presented with the application.
5.Â
Hearing Date, Public Notice. Upon the filing with the Planning Commission of such application, or upon the adoption of a resolution of intention by the Planning Commission, or the Council, the matter shall be set for public hearing before the Planning Commission within sixty (60) days, with the same publication and posting of public notice as is required in Section 405.260 for the change of zoning, except that posted public notice signs shall indicate that the public hearing is for a conditional use permit and the public hearing is for the Planning Commission, not the City Council.
6.Â
Protests, Appeal, Or Council Review.
a.Â
Protest Before The Planning Commission Action. In case of a
written protest against any proposed conditional use permit signed
and acknowledged by the owners of thirty percent (30%) by area (exclusive
of streets and alleys) of the property within one hundred eighty-five
(185) feet of the property in question filed with the City Clerk and
verified, such conditional use permit may not be passed except by
the affirmative vote of two-thirds (2/3) of the members of the Planning
Commission present. The conditional use permit shall proceed as prescribed
above to the City Council.
b.Â
Appeal Of Planning Commission Action. Upon the denial of an
application for a conditional use permit by the Planning Commission,
the applicant may file an appeal with the Council requesting a determination
from that body. A notice of appeal shall be filed within seven (7)
days after the Planning Commission's action. Notice of appeal to the
Council shall be in writing and shall be filed with the City Clerk.
The appeal shall set forth specifically wherein the conditional use
permit sought is:
(1)Â
Consistent with good planning practice;
(2)Â
Can be operated in a manner that is not detrimental
to the permitted developments and uses in the district;
(3)Â
Can be developed and operated in a manner that
is visually compatible with the permitted uses in the surrounding
area; and
(4)Â
Is essential or desirable to preserve and to promote
the public health, safety, and general welfare of the City.
The City Council will set the matter for a public hearing, review
the report of the Planning Commission, and review the appeal. The
City Council may uphold the Planning Commission denial or overturn
the denial based on the above criteria.
|
c.Â
Protest Of Planning Commission Action. Owners of thirty percent
(30%) by area (exclusive of streets and alleys) of the property within
one hundred eighty-five (185) feet of the property in question may
file a protest with the Council against the approval by the Planning
Commission of a conditional use permit within seven (7) days after
the Planning Commission's action. Such protest to the Council shall
be in writing and shall be filed with the City Clerk for verification.
The protest shall specifically set forth why the conditional use permit
sought is:
(1)Â
Not consistent with good general planning practice
or good site planning, or
(2)Â
That the proposal cannot be operated in a manner
that is not detrimental to the permitted developments and uses in
the district, or
(3)Â
That the proposed development is not visually
compatible with the permitted uses in the surrounding area and wherein
the proposed development is not consistent with the general welfare
of the City, or
(4)Â
The use is not essential or desirable to preserve
and to promote the public health, safety, and general welfare of the
City.
The City Council will set the matter for a public hearing, review
the report of the Planning Commission, and review the protest. The
City Council may uphold the Planning Commission decision or overturn
the decision based on the below criteria.
|
(a)Â
Consistent with good planning practice;
(b)Â
Can be operated in a manner that is not detrimental
to the permitted developments and uses in the district;
(c)Â
Can be developed and operated in a manner that
is visually compatible with the permitted uses in the surrounding
area;
(d)Â
Deemed essential or desirable to preserve and
promote the public health, safety, and general welfare of the City.
d.Â
City Council Review Of Planning Commission Action. In the event
the Council determines to exercise its power of review, the Council
shall set the matter for a public hearing and review the report of
the Planning Commission. The City Council may uphold the Planning
Commission decision or overturn the decision based on the below criteria.
(1)Â
Consistent with good planning practice;
(2)Â
Can be operated in a manner that is not detrimental
to the permitted developments and uses in the district;
(3)Â
Can be developed and operated in a manner that
is visually compatible with the permitted uses in the surrounding
area;
(4)Â
Deemed essential or desirable to preserve and
promote the public health, safety, and general welfare of the City.
7.Â
Amendment Of Conditions. Whenever after the granting of a conditional use permit, the public necessity, convenience, general welfare and good zoning practice require, the Planning Commission may, upon request of the grantee, allow modification in the conditions of said conditional use permit subject to the same provisions set forth in Subsections (A)(4) and (5) of this Section.
A previously granted conditional use will transfer to a new owner and run with the land. However, if the conditional use has not been active for nine (9) months or if there is not substantial compliance with the conditions ascribed or if there is not substantial compliance with the codes/regulations of the City, the City shall revoke the conditional use permit. Such a revocation would be based upon evidence and would follow notice to the permit holder as outlined in Section 405.230, Administrative Enforcement, Violations and Penalties. The permit holder may appeal an administrative decision to revoke as provided in Section 405.240, Board of Adjustment.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
Authorization.
1.Â
The City Council may by ordinance grant a special permit for a planned
residential development authorized by this Section on such terms and
conditions and with such restrictions as the Council may determine,
subject to the provisions of this Section.
2.Â
The City Council may establish a planned commercial or industrial
district by ordinance in the same manner that other mapped districts
are established where the City Council determines that any particular
tracts or areas should be developed for commercial or industrial use,
but because of potential conflicts with adjoining uses, existing or
potential, a greater degree of control of the manner of development
is necessary to protect the general welfare than is possible under
the regulations of the other "C" Commercial or "M" Industrial Districts.
3.Â
The City Council may establish a manufactured home district by ordinance
in the same manner that other mapped districts are established where
the City Council determines that any particular tracts or areas should
be developed for manufactured home park, but because of natural topography,
hydrology, existing or planned developments, and arrangements and
location of existing or planned-community facilities, and social needs
of the community, a greater degree of control of the manner of development
is necessary to protect the general welfare than is possible under
the regulations of the other districts.
B.Â
Planned
Residential Development Procedure.
1.Â
Intent And Purpose.
a.Â
The purpose of this Subsection is to provide a progressive
but controlled, creative zoning procedure in the "R-1," "R-2," "R-3,"
"R-4," and "R-5" Residence Districts in order to permit flexibility
in building types, locations and subdivision design.
b.Â
In an "R-1," "R-2," "R-3," "R-4," or "R-5" Residence District,
a tract of land may be developed for residential use in a variety
of building types and designs to include, but not limited to, row
houses, and other cluster arrangements of attached or detached buildings,
provided that approval is obtained for a planned residential development
plan in compliance with the following procedure.
2.Â
Preliminary Planned Residential Development Plan Process.
a.Â
The granting of a planned residential development plan shall
be initiated by the filing of a verified application by one (1) or
more of the owners or authorized representative of the owners of the
property sought to be used for the planned residential development
process.
b.Â
Applications shall be addressed to the City of Arnold Planning
Commission and filed in the office of Community Development upon forms
provided by the Community Development Department and accompanied by
the required data and information as is prescribed by the Planning
Commission so as to assure the fullest practicable presentation of
facts for the permanent record and for adequate preliminary consideration
of the proposal.
c.Â
If the Planning Commission gives preliminary approval to the
application, the matter shall be forwarded to the City Council together
with the approved plans for consideration by that body. If the application
is approved by the City Council, the development will be processed
as in the manner prescribed by the Subdivision Code with regard to
grading and improvement plans.
3.Â
Final Planned Residential Development Plan Process. A final
planned residential development plan shall be submitted, reviewed,
and approved following the procedures for record plat approval. Once
approved, the plan shall be recorded with the Recorder of Deeds as
a planned residential development plan.
4.Â
Miscellaneous Requirements.
a.Â
The proposed planned residential development plan should comply
with the intent of the density and setbacks outlined for the underlying
residential zone district. However, increased density will only be
considered when the development includes additional factors such as:
usable open space and/or recreational amenities; architectural features/design
for the structures that create a unique character for the entire development
(this does not include typically designed residence found in standard
subdivisions); streetscape features including unique street lights,
pedestrian/bike paths, landscaping, etc.; substantial landscape packages
for the individual lots and common areas; and other unique characteristics
to the development.
b.Â
No building permit shall be issued for construction of any
structure on the tract of land involved that is not in conformity
with the approved preliminary development plan.
c.Â
Unless otherwise stated, substantial work or construction under
the planned residential development plan must be commenced within
one (1) year, or the plan shall terminate. If the plan is not reinstated
within a period of six (6) months from the date, it shall becomes
null and void, and the City Council may order the plan to be vacated.
d.Â
Each application for a planned residential development permit
shall encompass not less than five (5) acres.
e.Â
The Planning Commission shall, in the instance of every application
submitted under this regulation, especially consider architectural,
landscape and other relationships which may exist between the proposed
development, the character of the surrounding neighborhood, and the
City of Arnold, and shall prescribe and require such physical treatment
or other limitations as will, in its opinion, preserve said neighborhood
or City character.
f.Â
Height limitations for structures may be modified by the Planning
Commission, with respect to any structure proposed in an application
for a planned residential development permit if the normal requirements
for open areas on the premises are modified as follows: Any residential
structure exceeding three (3) stories in height shall be set back
from all property lines at least one (1) additional foot for each
foot of height above thirty-five (35) feet above the average finished
ground elevation at the perimeter of such structure.
g.Â
Off-street parking requirements applicable in any district
shall in no event be diminished by the Planning Commission, but the
Planning Commission may require that open parking areas be depressed
below the grade of the remainder of the property, or screened by walls,
fences, or plant material, or by both methods in order to preserve
or complement the general character of any existing developments on
adjacent properties.
h.Â
The Planning Commission may explicitly impose special conditions
relating to any development under this Subsection. These conditions
may relate to, but need not be limited to, the following:
(1)Â
Conditions relative to the type and extent of
improvement and landscaping.
(2)Â
Conditions concerning development, improvements,
and maintenance of common ground.
(3)Â
Conditions relative to the maximum or minimum
gross floor area per dwelling unit.
(4)Â
Conditions relative to the architectural character
of the structures.
(5)Â
Conditions prohibiting the development of the
property except in accordance with the provisions of the ordinance
of the City of Arnold approving the planned residential development
plan, and prohibiting the issuance of a building permit for any other
use or development not in compliance with the above-mentioned City
ordinance for a period not to exceed five (5) years from date of ordinance,
unless extended by City Council.
(6)Â
In developments wherein open spaces, recreational
areas or other common lands are provided, the acreage of which is
included in the available gross acreage used in the determination
of the maximum number of allowable dwelling units in the development,
said common land shall be conveyed by the developer in fee simple
absolute title by warranty deed to a Board of Trustees. The Trustees
shall make provision by trust indenture for the sole benefit, use,
and enjoyment of the lot owners, present and future, of each subdivision
authorized under the planned residential development procedure for
a term of years certain. The term of years certain shall extend for
a period of at least twenty (20) years, or for the duration of the
subdivision or development, whichever period of time is less. Thereafter,
fee simple absolute title shall vest in the then lot owners or owners
of other real property as joint owners. The rights of said joint tenants
shall only be exercisable appurtenant to and in conjunction with their
lot ownership or ownership of other real property. Any conveyance
or change of ownership of any lot or other real property shall convey
with it ownership in the common property. No lot owner or owner of
other real property shall have the right to convey his/her interest
in the common property except as an incident of the ownership of a
regularly platted lot or ownership of other real property in the development.
The sale of any lot or other real property in the development shall
carry with it all the incidents of ownership of the common property
although such is not expressly mentioned in the deeds; provided, however,
that no right or power conferred upon the trustees shall be abrogated.
Warranty deeds and trust indentures complying with the aforementioned
provisions shall have attached thereto a written legal opinion prepared
and signed by an attorney licensed to practice law in the State of
Missouri setting forth the attorney's legal opinion as to the legal
form and effect of the deeds and trust indentures. The deeds and indentures
shall be approved by the City Counselor as to legal form and filed
with the Recorder of Deeds of Jefferson County simultaneously with
recording of the final planned residential development plan.
5.Â
Criteria For Review Of Planned Residential Development Plan.
The Planning Commission, after a public hearing, may grant a planned
residential development plan when it finds that:
a.Â
The residential development proposal is consistent with good
planning practice.
b.Â
The residential development proposal is consistent with good
site planning.
c.Â
The residential development proposal can be operated in a manner
that is not detrimental to the permitted uses in the surrounding area.
d.Â
The residential development proposal is complementary to the
City of Arnold.
e.Â
The residential development proposal is deemed desirable to
promote the general welfare of the City of Arnold.
6.Â
Protest. In case of a protest against such planned residential
development plan duly signed and acknowledged by the owners of thirty
percent (30%) or more, either of the areas of the land (exclusive
of streets and alleys) included in such proposed change or within
an area determined by lines drawn parallel to and one hundred eighty-five
(185) feet distant from the boundaries of the district proposed to
be changed, such amendment shall not become effective except by the
favorable vote of two-thirds (2/3) of all the members of the City
Council.
The protest must be filed with the City Clerk no later than
seven (7) days after the public hearing before the City Council.
Within thirty (30) days from the filing of the protest, the
City Council must take action on the request.
Any decisions regarding changes in regulations, restrictions,
and boundaries may be appealed to the Circuit Court. However such
appeals are subject to strict time limitations and any person pursuing
such appeal is advised to seek legal advise from an attorney licensed
to practice law in the State of Missouri.
C.Â
"C-4"
Planned Commercial District.
1.Â
Purpose.
a.Â
The "C-4" Planned Commercial District of City of Arnold, Missouri,
encompasses areas wherein may be located developments and uses permitted
in any of the other "C" Commercial Districts. Within the Planned Commercial
District, it is the purpose of these regulations to facilitate the
establishment of combinations of developments and uses for which no
provision is made in any other single "C" Commercial District or the
establishment of commercial developments and uses in locations where
it would be appropriate to the area if they were to take place under
approved site plans, and such conditions as to assure said developments
and uses would be consistent with good planning practice and operated
in a manner compatible with permitted developments and uses in adjoining
districts, as necessary to protect the general welfare.
b.Â
A planned commercial district may be established on a tract
of land in single ownership or management control, provided that the
preliminary development plan and the application for change of zoning
are approved by the City Council, and the final development plan is
approved by the Planning Commission and recorded in accordance with
the requirements of this Subsection, and provided that the schedule
of construction is complied with in accordance with the requirements
of this Subsection.
c.Â
A planned commercial district may be established by ordinance
of the City Council in the same manner that other mapped districts
are established where the City Council determines that any particular
tracts or areas should be developed for commercial use, but because
of potential conflicts with adjoining uses, existing or potential,
a greater degree of control of the manner of development is necessary
to protect the general welfare than is possible under the regulations
of the other "C" Commercial Districts.
2.Â
3.Â
Height Limitations For Structures. Unless otherwise restricted by application of regulations of Section 405.050(B) of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular planned commercial district.
4.Â
Lot Area And Yard Requirements.
a.Â
The lot area for any use or building in a planned commercial
district shall not be less than one (1) acre, unless said lot or parcel
is adjacent to an existing "C" Commercial District or "M" Industrial
District or except as may be established by the City Council and Planning
Commission as a part of the Comprehensive Zoning Plan of the City,
except that no lot or tract of land in a planned commercial district
shall have an area, exclusive of any area dedicated as a public roadway,
comprising less than thirty-two and six hundred seventy thousandths
(32.670) square feet.
b.Â
Setbacks for parking areas and structures shall be established
by the conditions governing the particular planned commercial district
so as to ensure compatibility with adjoining developments, uses and
zoning, but no parking area or structure shall be permitted within
fifteen (15) feet of a property line adjoining property in an "R"
Residence District.
c.Â
Any structure in a planned commercial district exceeding thirty
(30) feet in height which adjoins property in an "R" Residence District
shall be set back from such property line, in addition to the minimum
fifteen (15) feet, a distance of one (1) foot for every two (2) feet
in height above thirty (30) feet; greater setbacks may be required
if deemed necessary to ensure compatibility with adjoining developments
or uses.
d.Â
The maximum lot coverage of any lot in this district shall
be no greater than twenty-five percent (25%) of the total lot area,
or twenty percent (20%) of the total lot area in the case of lots
with multiple floor buildings.
e.Â
Any part of a lot area not used for buildings or other structures
or for parking, loading, or accessways shall be landscaped with grass,
ground cover, trees, shrubs, and pedestrian walks in accordance with
the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
f.Â
A fifteen-foot wide buffer shall be required on any non-residential
zoned property which adjoins a residential zoned property and shall
be located along the adjoining property line or lines between the
differently zoned properties. The buffer strip shall meet the following
minimum requirements:
(1)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
8 feet on center
|
(2)Â
Fencing.
Minimum height
|
6 feet
|
Sightproofing
|
stockade/slats in cyclone style
|
The Planning Commission may require or allow the use of topographic
features or the maintenance of the existing tree mass of a minimum
depth of fifteen (15) feet or as required to not encroach on existing
tree mass drip line in lieu of fences where such alternatives will
achieve comparable effect.
|
All buffering shall be established prior to the start of construction.
|
5.Â
Off-Street Parking And Loading Requirements. The minimum off-street
parking and loading requirements for any use or building in a planned
commercial district shall not be reduced below that required for the
same use in any other "C" Commercial District, except where the Planned
Commercial District includes two (2) or more uses, then the Planning
Commission may recommend and the City Council may approve a total
reduction of combined required parking and off-street loading space
by not more than twenty percent (20%) where it has been demonstrated
by study of the combined uses and customary hours of operation or
peak use, that adequate parking would be so provided. Where determined
necessary, parking and off-street loading requirements in excess of
minimum standards may be required.
6.Â
Performance Standards. All uses established in a planned commercial district shall operate in accordance with the appropriate performance standards contained in Section 405.150(B) of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned commercial district where the City Council determined that such restrictions are necessary to protect the general welfare.
7.Â
Procedures.
a.Â
Petitions for establishment or development of a planned commercial
district shall be made to the City Council and shall be filed with
the Planning Commission. The petitioner shall pay the same fee as
that required of any other change of zoning. The petition shall be
made on forms prescribed for this purpose by the Planning Commission
and shall be accompanied by a preliminary development plan and other
information in such detail as to include the following:
(1)Â
Preliminary site plans showing proposed uses and
structures.
(2)Â
Existing and proposed contours at intervals of
two (2) feet or less referred to sea level datum.
(3)Â
Location of all isolated trees having a trunk
diameter of six (6) inches or more and all tree masses.
(4)Â
Two (2) cross section profiles through the site
showing preliminary building form.
(5)Â
The proposed ingress and egress to the site including
adjacent streets.
(6)Â
A preliminary plan for provision of sanitation
and drainage facilities.
b.Â
A public hearing shall be held by the Planning Commission and
City Council on the petition in the same manner and with the same
public notice procedure as is required for any other change of zoning.
No action shall be taken by the City Council with respect to the petition
until it has received the recommendation of the Planning Commission.
In the case of an application for development permits where the property
is already zoned "C-4," a public hearing shall be held by the Planning
Commission but not by the City Council unless deemed necessary by
the City Council.
c.Â
The Planning Commission's recommendation shall be transmitted
to the City Council stating how the proposed development is consistent
with good planning practice, compatible with permitted development
and use in adjoining districts, and necessary to the general welfare.
If the recommendation is one of approval, it shall contain recommended
conditions to be included in an ordinance authorizing the establishment
of the planned commercial district. The conditions shall include,
but not be limited to:
(1)Â
Time limitations for submission of final development
plans and commencement of construction as required by this Subsection.
(2)Â
Uses permitted in the district.
(3)Â
Yard requirements.
(4)Â
Off-street parking and loading requirements.
(5)Â
Performance standards for operation of the permitted
uses.
(6)Â
Requirement that any transfer of ownership or
lease of property in the district include in the transfer or lease
agreement a provision that the purchaser or lessee agrees to be bound
by the conditions of the ordinance authorizing the establishment of
the district.
d.Â
After passage of an ordinance authorizing the establishment of a planned commercial district by the City Council, the developer shall submit the final development plans to the Planning Commission within the period of time specified in the ordinance. The plans shall include such information as is required by the Planning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. If in the opinion of the Planning Commission the submitted plan substantially deviates from the preliminary development plan approved by the City Council, the Commission shall report to the petitioner and the City Council on the manner in which said plan deviates from the approved preliminary plan, and if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 405.260 of the City of Arnold zoning ordinance.
e.Â
Within sixty (60) days of approval of the final development
plan by the Planning Commission, the plan shall be recorded by the
developer as a planned commercial district together with conditions
of the ordinance authorizing the establishment of the district.
f.Â
No buildings, facilities, commercial establishments or service
concerns may occupy or use any portion of the district until the required
related on-site and off-site improvements including, but not limited
to, streets, sidewalks, sanitary and storm sewers, street lights,
street trees, landscaping, screening, and buffering are constructed
or a performance bond on escrow posted covering the estimated cost
of construction as determined by the Planning Commission. If the planned
commercial district is to be developed in sections, all improvements
necessary to the proper operations and functioning of the section,
even though same may be located outside the section, must be constructed
and installed or a performance bond or escrow posted covering the
estimated cost of the improvements as determined by the Planning Commission.
g.Â
If substantial construction or development of the district
does not begin within the period of time specified in the conditions
of the ordinance authorizing the establishment of the district, the
City Council may, on its motion or on a recommendation of the Planning
Commission, rezone the property or any portion thereof to the zoning
district classification that prevailed prior to the approval of the
planned commercial district classification. A public hearing shall
be required for this rezoning, and the owner shall be notified of
the proposed rezoning prior to the introduction of any bill for said
rezoning.
h.Â
The time limitations specified in the ordinance authorizing
the establishment of a planned commercial district for submission
of final development plans and for completion of construction may
be extended by the City Council for cause.
i.Â
After recording of a final development plan for a planned commercial
district, changes not inconsistent with the purpose or intent of this
Subsection may be approved by the Planning Commission. Changes affecting
the purpose or intent of this Subsection shall require a new petition
for a planned commercial district.
D.Â
"M-3"
Planned Industrial District.
1.Â
Purpose.
a.Â
The "M-3" Planned Industrial District of the City of Arnold,
Missouri, encompasses areas wherein may be located developments and
uses permitted in any of the other "M" Industrial Districts and such
development and uses designated in the "C" Commercial Districts as
may be specifically related to a particular industrial activity or
complex. Within the planned industrial district, it is the purpose
of these regulations to facilitate the establishment of combinations
of developments and uses for which no provision is made in any other
single "M" Industrial District or the establishment of industrial
developments and uses in locations where it would be appropriate to
the area if they were to take place under approved site plans, and
such conditions as to assure said developments and uses would be consistent
with good planning practice and operated in a manner compatible with
permitted developments and uses in adjoining districts, as necessary
to protect the general welfare.
b.Â
A planned industrial district may be established on a tract
of land in single ownership or management control, provided that the
preliminary development plan and the application for change of zoning
are approved by the City Council, and the final development plan is
approved by the Planning Commission and recorded in accordance with
the requirements of this Subsection, and provided that the schedule
of construction is complied with in accordance with the requirements
of this Subsection.
c.Â
A planned industrial district may be established by ordinance
of the City Council in the same manner that other mapped districts
are established where the City Council determines that any particular
tracts or areas should be developed for industrial use, but because
of potential conflicts with adjoining uses, existing or potential,
a greater degree of control of the manner of development is necessary
to protect the general welfare than is possible under the regulations
of the other "M" Planned Industrial Districts.
2.Â
Permitted Land Uses And Developments.
a.Â
In a planned industrial district, the uses permitted shall only be:
(1)Â
Those designated as a permitted use in any of the "M" Industrial
Districts or "C" Commercial Districts as may be specifically related
to a particular industrial activity or complex; and
b.Â
The specific ordinance authorizing the establishment of a particular
planned industrial district related to a specific tract of land may
further limit the uses permitted on the tract.
3.Â
Height Limitations For Structures. Unless otherwise restricted by application of regulations of Section 405.050(B) of this Chapter, the total height of any structure shall be limited by the conditions in the ordinance authorizing the establishment of the particular planned industrial district.
4.Â
Lot Area And Yard Requirements.
a.Â
Subsequent to the date of this Chapter, the lot area for any
use or building in a planned industrial district shall not be less
than one (1) acre, unless said lot or parcel is adjacent to an existing
"M-3" Industrial District or "M" Industrial District or except as
may be established by the City Council and Planning Commission as
a part of the Comprehensive Zoning Plan of the City.
b.Â
Setbacks for parking areas and structures shall be established
by the conditions governing the particular planned industrial district
so as to ensure compatibility with adjoining developments, uses and
zoning but no parking area or structure shall be permitted within
ten (10) feet of a property line adjoining property in an "R" Residence
District.
c.Â
Any structure in a planned industrial district exceeding thirty
(30) feet in height which adjoins property in an "R" Residence District
shall be set back from such property line, in addition to the minimum
fifteen (15) feet, a distance of one (1) foot for every two (2) feet
in height above thirty (30) feet; greater setbacks may be required
if deemed necessary to ensure compatibility with adjoining developments
or uses.
d.Â
Any part of a lot area not used for buildings or other structures
or for parking, loading, or accessways shall be landscaped with grass,
ground cover, trees, shrubs, and pedestrian walks in accordance with
the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
e.Â
A fifteen-foot wide buffer shall be required on any non-residential
zoned property which adjoins a residential zoned property and shall
be located along the adjoining property line or lines between the
differently zoned properties. The buffer strip shall meet the following
minimum requirements:
(1)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
8 feet on center
|
(2)Â
Fencing.
Minimum height
|
6 feet
|
Sightproofing
|
Stockade/slats in cyclone style
|
The Planning Commission may require or allow the use of topographic
features or the maintenance of the existing tree mass of a minimum
depth of fifteen (15) feet or as required to not encroach on existing
tree mass drip line in lieu of fences where such alternatives will
achieve comparable effect.
|
All buffering shall be established prior to the start of construction.
|
5.Â
Off-Street Parking And Loading Requirements. The minimum off-street
parking and loading requirements for any use or building in a planned
industrial district shall not be reduced below that required for the
same use in any other "M" Industrial District, or "C" Commercial District
except where the planned industrial district includes two (2) or more
uses, then the Planning Commission may recommend and the City Council
may approve a total reduction of combined required parking and off-street
loading space by not more than twenty percent (20%) where it has been
demonstrated by study of the combined uses and customary hours of
operation or peak use, that adequate parking would be so provided.
Where determined necessary, parking and off-street loading requirements
in excess of minimum standards may be required.
6.Â
Performance Standards. All uses established in a planned industrial district shall operate in accordance with the appropriate performance standards contained in Section 405.150(B) of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned industrial district where the City Council determined that such restrictions are necessary to protect the general welfare.
7.Â
Procedures.
a.Â
Petitions for establishment or development of a planned industrial
district shall be made to the City Council and shall be filed with
the Planning Commission. The petitioner shall pay the same fee as
that required of any other change of zoning. The petition shall be
made on forms prescribed for this purpose by the Planning Commission
and shall be accompanied by a preliminary development plan and other
information in such detail as to include the following:
(1)Â
Preliminary site plans showing proposed uses and
structures.
(2)Â
Existing and proposed contours at intervals of
two (2) feet or less referred to sea level datum.
(3)Â
Location of all isolated trees having a trunk
diameter of six (6) inches or more and all tree masses.
(4)Â
Two (2) cross section profiles through the site
showing preliminary building form.
(5)Â
The proposed ingress and egress to the site including
adjacent streets.
(6)Â
A preliminary plan for provision of sanitation
and drainage facilities.
b.Â
A public hearing shall be held by the Planning Commission and
City Council on the petition in the same manner and with the same
public notice procedure as is required for any other change of zoning.
No action shall be taken by the City Council with respect to the petition
until it has received the recommendation of the Planning Commission.
In the case of an application for development permits where the property
is already zoned "M-3," a public hearing shall be held by the Planning
Commission but not by the City Council unless deemed necessary by
the City Council.
c.Â
The Planning Commission's recommendation shall be transmitted
to the City Council stating how the proposed development is consistent
with good planning practice, compatible with permitted development
and use in adjoining districts, and necessary to the general welfare.
If the recommendation is one of approval, it shall contain recommended
conditions to be included in an ordinance authorizing the establishment
of the planned industrial district. The conditions shall include,
but not be limited to:
(1)Â
Time limitations for submission of final development
plans and commencement of construction as required by this Subsection.
(2)Â
Uses permitted in the district.
(3)Â
Yard requirements.
(4)Â
Off-street parking and loading requirements.
(5)Â
Performance standards for operation of the permitted
uses.
(6)Â
Requirement that any transfer of ownership or
lease of property in the district include in the transfer or lease
agreement a provision that the purchaser or lessee agrees to be bound
by the conditions of the ordinance authorizing the establishment of
the district.
d.Â
After passage of an ordinance authorizing the establishment of a planned industrial district by the City Council, the developer shall submit the final development plans to the Planning Commission within the period of time specified in the ordinance. The plans shall include such information as is required by the Planning Commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent City ordinances where applicable. If in the opinion of the Planning Commission the submitted plan substantially deviates from the preliminary development plan approved by the City Council, the Commission shall report to the petitioner and the City Council on the manner in which said plan deviates from the approved preliminary plan, and if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord proceedings specified in Section 405.260 of the City of Arnold zoning ordinance.
e.Â
Within sixty (60) days of approval of the final development
plan by the Planning Commission, the plan shall be recorded by the
developer as a planned industrial district together with conditions
of the ordinance authorizing the establishment of the district.
f.Â
No buildings, facilities, commercial establishments or service
concerns may occupy or use any portion of the district until the required
related on-site and off-site improvements, including, but not limited
to, streets, sidewalks, sanitary and storm sewers, street lights,
street trees, landscaping, screening, and buffering are constructed
or a performance bond or escrow posted covering the estimated cost
of construction as determined by the Planning Commission. If the planned
industrial district is to be developed in sections, all improvements
necessary to the proper operations and functioning of the section,
even though same may be located outside the section, must be constructed
and installed or a performance bond or escrow posted covering the
estimated cost of the improvements as determined by the Planning Commission.
g.Â
If substantial construction or development of the district
does not begin within the period of time specified in the conditions
of the ordinance authorizing the establishment of the district, the
City Council may, on its motion or on a recommendation of the Planning
Commission, rezone the property or any portion thereof to the zoning
district classification that prevailed prior to the approval of the
planned industrial district classification. A public hearing shall
be required for this rezoning, and the owner shall be notified of
the proposed rezoning prior to the introduction of any bill for said
rezoning.
h.Â
The time limitations specified in the ordinance authorizing
the establishment of a planned industrial district for submission
of final development plans and for completion of construction may
be extended by the City Council for cause.
i.Â
After recording of a final development plan for a planned industrial
district, changes not inconsistent with the purpose or intent of this
Subsection may be approved by the Planning Commission. Changes affecting
the purpose or intent of this Subsection shall require a new petition
for a planned industrial district.
E.Â
"MHD"
Manufactured Home District.
[Ord. No. 14.550 (2790), 5-20-2021; Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
1.Â
The "MHD" Manufactured Home District is designed to encourage
the creation and maintenance of stable and enduring manufactured home
residential neighborhoods by establishing limitations on the use and
character of development of land, under an approved site plan, so
as to take advantage of, or to avoid conflicts with, natural topography,
hydrology, existing developments, and arrangements and location of
existing or planned community facilities, and social needs of the
community. This Subsection contains the district regulations of the
"MHD" Manufactured Home District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in the Chapter which are incorporated as part of this Subsection by
reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming, including the cultivations and sale of
any plant crops.
(2)Â
Forests and wildlife reservations, and conservation
projects.
(3)Â
Manufactured home parks, including accessory management
offices, laundry facilities, storage facilities, clubhouses, pools,
recreation facilities, or other accessory uses normally associated
with the operation of a manufactured home park.
(4)Â
Commercial vegetable and flower gardening, plant
nurseries, and greenhouses, not including any structure used as a
salesroom.
(5)Â
Churches.
(6)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(7)Â
Deleted.
(8)Â
Deleted.
(9)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be place underground, or shall be
enclosed in a structure in such a manner so as to blend with and complement
the character of the surrounding area. All plans for screening said
facilities shall be submitted to the Planning Commission for review.
No building permit or installation permit shall be issued until said
plans have been approved by the Planning Commission.
(10)Â
Deleted.
(11)Â
Fire stations.
(12)Â
Municipal buildings.
(13)Â
Accessory buildings, land uses and activities
customarily incident to any of the above uses.
(14)Â
Public and private kindergarten, elementary, secondary,
and collegiate schools.
b.Â
Conditional land use and development permits issued by the Commission, which may be permitted under the condition and requirements in Section 405.080 of this Chapter.
(1)Â
All public utilities not otherwise permitted per Section 405.090(E)(1)(a).
(2)Â
Salesrooms for commercial gardens, plant nurseries
and greenhouses.
(3)Â
Deleted.
(4)Â
Nursing homes.
(5)Â
Not-for-profit private clubs and recreational land
uses, including community centers.
(6)Â
Dairy farms.
(7)Â
Outdoor entertainment facilities.
(8)Â
Retreats owned and operated by religious, educational
or other not-for-profit establishments.
(9)Â
Sewage treatment facilities.
(10)Â
Hospitals.
(11)Â
Foster homes for handicapped children.
(12)Â
Specialized private schools.
(13)Â
In-home day care.
(14)Â
Nursery schools and day nurseries.
c.Â
Site Plan Review. Development in the "MHD" District shall be subject to the requirements and procedures contained in Section 405.190, Site Plan Review.
d.Â
Height Limitations For Structures.
(1)Â
No building or manufactured home within a manufactured
home park shall exceed the height of twenty-five (25) feet.
(2)Â
No structure, other than a radio, television, public utility or communications tower, shall exceed fifty (50) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
e.Â
Street And Frontage Requirements.
(1)Â
Each manufactured home space shall front upon a
street accepted by the City or improved to the standards and specifications
of the City.
f.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
At least five thousand (5,000) square feet of area
shall be provided for each manufactured home space. The minimum depth
shall be one hundred (100) feet and the minimum width shall be fifty
(50) feet.
(2)Â
No manufactured home may be located less than twenty
(20) feet from another manufactured home or structure.
(3)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(4)Â
Deleted.
(5)Â
Fire stations shall be situated on tracts of land
at least one (1) acre in area.
(6)Â
Public or private not-for-profit libraries shall
be situated on tracts of at least one (1) acre.
(7)Â
All other land uses permitted in this district,
except local public utility facilities, shall be situated or conducted
on tracts of land at least five (5) acres in area; except as may be
clearly indicated otherwise by the context of these regulations.
(8)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least five (5) acres in area: provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster homes for handicapped children,
not-for-profit private clubs and recreational land uses, including
community centers, on tracts of land less than five (5) acres where
the developments and uses contemplated are deemed consistent with
good planning practice; can be operated in a manner that is not detrimental
to the permitted developments and uses of the district; can be developed
and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; are deemed essential or desirable to
preserve and promote public health, safety, and general welfare of
the City of Arnold; and where the related parking needs, outdoor facilities,
size of buildings and potential membership of said developments and
uses are deemed consistent with the intensity of land use in the neighborhood
of said uses and developments. Provided, however, that the minimum
tract area for said conditional developments and uses shall not be
less than the minimum tract area for dwelling units permitted in this
district.
(9)Â
No structure other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within twenty (20) feet of any
roadway right-of-way line or road easement. In the case of corner
lots, no structure exceeding thirty-six (36) inches in height may
be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(10)Â
No structure shall be erected within eight (8)
feet of any side property lines; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height.
(11)Â
No structure shall be erected within fifteen (15)
feet of a rear property line; except that this requirement shall not
apply to any boundary wall or fence less than six (6) feet in height.
(12)Â
Any non-residential structure permitted in this
district, other than a public utility tower authorized by a conditional
use permit, which exceed thirty (30) feet in height shall be set back
from all property lines at least one (1) additional foot for every
foot of height above thirty (30) feet.
(13)Â
In the event that forty percent (40%) or more
of the frontage along one (1) side of a street between two (2) intersecting
streets, or for a distance of at least five hundred (500) feet in
either direction is developed with buildings set back from such street
with a variation in setback of no more than ten (10) feet, a structure
may be located so as to approach no closer to the roadway than the
average of existing buildings, but in no case shall any building be
located closer than fifteen (15) feet from the roadway right-of-way
line.
(14)Â
Specialized private schools may be permitted in
any residential district under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
every fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property line in each given
residential district.
(15)Â
Any part of a lot area not used for buildings
or other structures or for parking, loading, or accessways shall be
landscaped with grass, ground cover, trees, shrubs, and pedestrian
walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
(16)Â
All manufactured home parks shall be provided
with a plant screening or other screening of at least five (5) feet
in height along the property line separating the development and any
adjacent zoning district. Said screening must be approved by the Planning
Commission.
g.Â
Off-Street Parking And Loading Requirements.
(1)Â
Two (2) off-street parking spaces shall be provided
for each manufactured home.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) space for every four (4) students over the
age of sixteen (16) whom the school is designed to accommodate; for
the purposes of calculating the number of secondary school pupils
to whom this criteria refers, only pupils in the 11th and 12th grades
shall be considered.
(3)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(4)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking area available on
park roads or private drives may be used to fulfill this requirement.
(5)Â
Nursing homes, public utility facilities, swimming
pools, clubs, recreational and community centers, and retreats shall
provide sufficient parking spaces for employees' or visitors' motor
vehicles as to assure that no such vehicles need be parked on any
street.
(6)Â
Hospitals shall provide two and one-half (2.5)
parking spaces for each bed in the hospital.
(7)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross floor area of the
library exclusive of auditoriums, plus one (1) additional parking
spaces for each six (6) seats in an auditorium or meeting place accessory
to a library.
(8)Â
Parking areas, including driveways, shall, in this
district, be paved.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
"R-1"
Residence District.
1.Â
The "R-1" Residence District is designed to encourage the creation
and maintenance of stable and enduring residential neighborhoods by
establishing limitations on the use and character of development of
land so as to take advantage of, or to avoid conflicts with, natural
topography, hydrology, existing developments, and arrangements and
location of existing or planned community facilities, and social needs
of the community. This Subsection contains the district regulations
of the "R-1" Residence District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming, including the cultivation and sale of
any plant crops.
(2)Â
Forests and wildlife reservations, and conservation
projects.
(3)Â
Single-family dwellings.
(4)Â
Commercial vegetable and flower gardening, plant
nurseries and greenhouses, not including any structure used as a salesroom.
(5)Â
Churches.
(6)Â
Public or private kindergarten, elementary, secondary,
and collegiate schools.
(7)Â
Deleted.
(8)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(9)Â
Dormitories or group living facilities for religious,
educational or charitable purposes.
(10)Â
Golf courses, including practice driving tees
on the same premises, not including miniature courses.
(11)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until said plans have been approved by the Planning Commission.
(12)Â
Home occupations.
(13)Â
Deleted.
(14)Â
Fire stations.
(15)Â
Municipal buildings.
(16)Â
Public or private not-for-profit libraries.
(17)Â
Accessory buildings, land uses and activities
customarily incident to any of the above uses.
b.Â
Conditional land use and development permits issued by the Planning Commission, which may be permitted under the conditions and requirements in Section 405.080 of this Chapter.
(1)Â
All public utilities.
(2)Â
Salesrooms for commercial gardens, plant nurseries
and greenhouses.
(3)Â
Deleted.
(4)Â
Nursing homes.
(5)Â
Not-for-profit private clubs and recreational
land uses, including community centers.
(6)Â
Dairy farms.
(7)Â
Riding stables and kennels.
(8)Â
Retreats owned and operated by religious, educational,
or other not-for-profit establishments.
(9)Â
Cemeteries and mausoleums, including mortuaries,
operated in conjunction therewith.
(10)Â
Sewage treatment facilities.
(11)Â
Hospitals.
(12)Â
Foster homes for handicapped children.
(13)Â
Specialized private schools.
(14)Â
Temporary commercial activities of community-oriented,
not-for-profit, and fraternal organizations.
(15)Â
Sheltered workshops.
(16)Â
Dormitory or group living facilities for religious,
educational or charitable purposes.
(17)Â
In-home day care.
(18)Â
Nursery schools and day nurseries.
(19)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c.Â
Height Limitations For Structures.
(1)Â
No dwelling structure shall exceed two and one-half
(2Â 1/2) stories or thirty-five (35) feet in height.
(2)Â
No structure, other than a radio, television, public utility or communication tower, shall exceed fifty (50) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Dwellings shall be situated on tracts of land
providing at least one (1) acre of lot area for each dwelling unit.
(2)Â
Riding stables shall be situated on tracts of
land providing at least fifteen (15) acres of lot area for each such
operation.
(3)Â
Kennels shall be situated on tracts of land providing
at least three (3) acres of lot area.
(4)Â
Fire stations shall be situated on tracts of land
of at least one (1) acre.
(5)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
1 acre
|
Kindergarten (separate)
|
3 acres
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(6)Â
Public or private not-for-profit libraries shall
be situated on tracts of land providing at least three (3) acres.
(7)Â
Cemeteries shall be situated on tracts of land
providing at least fifteen (15) acres.
(8)Â
All other land uses permitted in this district
except local public utility facilities shall be situated or conducted
on tracts of land at least five (5) acres in area, except as may be
clearly indicated otherwise by context of these regulations.
(9)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least five (5) acres in area, provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster home for handicapped children,
not-for-profit private clubs and recreational land uses, and community
centers on tracts of land less than five (5) acres where developments
and uses contemplated are deemed consistent with good planning practice,
can be operated in a manner that is not detrimental to the permitted
developments and uses of the district, can be developed and operated
in a manner that is visually compatible with the permitted uses of
the surrounding area, are deemed essential or desirable to preserve
and promote public health, safety, and general welfare of the City,
and where the related parking needs, outdoor facilities, size of buildings
and potential membership of said developments and uses are deemed
consistent with the intensity of land use in the neighborhood of said
uses and developments. Provided, however, that the minimum tract area
for said conditional developments and uses shall not be less than
the minimum tract area for dwelling units permitted in this district.
(10)Â
No structure other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within thirty (30) feet of any
roadway right-of-way line or road easement. In the case of corner
lots, no structure exceeding thirty-six (36) inches in height may
be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(11)Â
No structure shall be erected within fifteen
(15) feet of any property line; except this requirement shall not
apply to any boundary wall or fence less than six (6) feet in height.
Any non-residential structure, other than a public utility tower authorized
by a conditional use permit, which exceeds thirty (30) feet in height
shall be set back at least one (1) additional foot from all property
lines for every foot of height above thirty (30) feet.
(12)Â
Specialized private schools may be permitted
in this district under a conditional use permit providing that they
be located on a tract of land containing one (1) acre for each fifteen
(15) pupils, but in no case less than five (5) acres, nor more than
that required by the public school system land area requirements.
Further, no buildings or activity areas should be located closer than
the allowable setback from the property line of this district.
(13)Â
Commercial gardens, plant nurseries and greenhouses
shall be located on tracts of land providing at least three (3) acres.
(14)Â
Deleted.
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) space for every four (4) students over the
age of sixteen (16) whom the school is designed to accommodate; for
the purposes of calculating the number of secondary school pupils
to whom this criteria refers, only pupils in the eleventh (11th) and
twelfth (12th) grades shall be considered.
(3)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking available on park
roads and private drives may be used to fulfill this requirement.
(4)Â
All other permitted and conditional uses must
provide adequate parking for employees', customers', and visitors'
motor vehicles as to assure no such vehicle need be parked on any
street except as specifically provided for in this Subsection.
(5)Â
Riding stables, kennels, nursing homes, public
utility facilities, salesrooms for commercial gardens, nurseries,
greenhouses, retreats, not-for-profit swimming pools, clubs, recreational
and community centers shall provide sufficient parking spaces for
employees' and visitors' motor vehicles as to assure that no such
vehicle need be parked on any street.
(6)Â
Hospitals shall have parking spaces provide on
the basis of two and one-half (2.5) parking spaces for each bed in
the hospital.
(7)Â
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit.
(8)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross floor area of the
library exclusive of auditoriums plus one (1) additional parking space
for each six (6) seats in an auditorium or meeting place as accessory
to a library.
(9)Â
Parking areas, including driveways, shall, in
this district, be paved.
(10)Â
Commercial gardens, plant nurseries and greenhouses
shall provide at least four (4) parking spaces per acre plus two (2)
parking spaces per greenhouse.
(11)Â
Carports or other unenclosed covered structures typically used
to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f.Â
Deleted.
g.Â
Deleted.
h.Â
In-home day cares shall contain no more than four (4) unrelated
children.
(1)Â
"Related" is defined as any of
the following relationships by marriage, blood or adoption between
the provider and the children in care: parent, grandparent, great-grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,
niece, nephew or first cousin.
(2)Â
Only two (2) unrelated children are allowed in
a multi-family dwelling unit as defined by the Zoning Code.
B.Â
"R-2"
Residence District.
1.Â
The "R-2" Residence District is designed to encourage the creation
and maintenance of stable and enduring residential neighborhoods by
establishing limitations on the use and character of development of
land so as to take advantage of, or to avoid conflicts with, natural
topography, hydrology, existing developments, and arrangements and
location of existing or planned community facilities, and social needs
of the community. This Subsection contains the district regulations
of the "R-2" Residence District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming, including the cultivation and sale of
any plant crops.
(2)Â
Forest and wildlife refuges, and conservation
projects.
(3)Â
Single-family dwellings.
(4)Â
Churches.
(5)Â
Public or private kindergarten, elementary, secondary,
and collegiate schools.
(6)Â
Deleted.
(7)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(8)Â
Golf courses, including practice driving tees
on the same premises, not including miniature courses.
(9)Â
Home occupations.
(10)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until said plans have been approved by the Planning Commission.
(11)Â
Deleted.
(12)Â
Fire stations.
(13)Â
Public or private not-for-profit libraries.
(14)Â
Municipal buildings.
(15)Â
Accessory buildings, land uses and activities
customarily incident to any of the above uses.
(16)Â
Dormitories or group living facilities for religious,
educational or charitable purposes.
(17)Â
Commercial vegetable and flower gardening, plant
nurseries and green houses, not including any structure used as a
salesroom.
b.Â
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1)Â
Nursing homes.
(2)Â
All public utility facilities.
(3)Â
Not-for-profit private clubs and recreational
land uses, including community centers.
(4)Â
Retreats owned and operated by religious, educational,
or other not-for-profit establishments.
(5)Â
Sewage treatment facilities.
(6)Â
Hospitals.
(7)Â
Foster homes for handicapped children.
(8)Â
Specialized private schools.
(9)Â
Sales rooms for commercial gardens, plant nurseries
and greenhouses.
(10)Â
Temporary commercial activities of community-oriented,
not-for-profit, and fraternal organizations.
(11)Â
Sheltered workshops.
(12)Â
Deleted.
(13)Â
In-home day care.
(14)Â
Nursery schools and day nurseries.
(15)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c.Â
Height Limitations For Structures.
(1)Â
No dwelling structure shall exceed two and one-half
(2Â 1/2) stories or thirty-five (35) feet in height.
(2)Â
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Dwellings shall be situated on tracts of land
providing at least twenty-one thousand seven hundred eighty (21,780)
square feet of lot area for each dwelling unit.
(2)Â
Deleted.
(3)Â
Fire stations shall be situated on tracts of land
of at least one (1) acre.
(4)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
1/2 acre
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(5)Â
Public or private not-for-profit libraries shall
be situated on tracts of at least one (1) acre.
(6)Â
All other land uses permitted in this district
except local public utility facilities shall be situated or conducted
on tracts of land at least five (5) acres in area, except as may be
clearly indicated otherwise by the context of these regulations.
(7)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least five (5) acres in area, provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster homes for handicapped children,
not-for-profit private clubs and recreational land uses, including
community centers, on tracts of land less than five (5) acres where
the developments and uses contemplated are deemed consistent with
good planning practice; can be developed and operated in a manner
that is visually compatible with the permitted uses in the surrounding
area; are deemed essential or desirable to preserve and promote the
public health, safety and general welfare of the City of Arnold; and
where the related parking needs, outdoor facilities, size of buildings
and potential membership of said developments and uses are deemed
consistent with the intensity of land use in the neighborhood of said
uses and developments. Provided, however, that the minimum tract area
for said conditional developments and uses shall not be less than
the minimum tract area for dwelling units permitted in this district.
(8)Â
No structure other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within twenty-five (25) feet
of any roadway right-of-way line or road easement. In the case of
corner lots, no structure exceeding thirty-six (36) inches in height
may be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(9)Â
No structure shall be erected within ten (10)
feet of any side property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height; and except further that wherever a lot of record existing
on the effective date of this Chapter has a width sixty (60) feet
or less, the side yard on each side of any building erected on such
lot may be reduced to a width of not less than ten percent (10%) of
the width of the lot, but in no instances shall such yard be less
than five (5) feet in width.
(10)Â
No structure shall be erected within fifteen
(15) feet of a rear property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height.
(11)Â
Any non-residential structure permitted in this
district, other than a public utility tower authorized by a conditional
use permit, which exceeds thirty (30) feet in height shall be set
back from all property lines at least one (1) additional foot for
every foot of height above thirty (30) feet.
(12)Â
In the event that forty percent (40%) or more
of the frontage along one (1) side of a street between two (2) intersecting
streets, or for a distance of at least five hundred (500) feet in
either direction, is developed with buildings set back from such street
with a variation in setback of no more than ten (10) feet, a structure
may be located so as to approach no closer to the roadway than the
average existing buildings, but in no case shall any building be located
closer than fifteen (15) feet from the roadway right-of-way line.
(13)Â
Specialized private schools may be permitted
in any residential district under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
each fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property line in each given
residential district.
(14)Â
Commercial gardens, plant nurseries and greenhouses
shall be located on tracts of land providing at least three (3) acres.
(15)Â
Deleted.
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) additional space for every four (4) students
over the age of sixteen (16) whom the school is designed to accommodate;
for the purposes of calculating the number of secondary school pupils
to whom this criteria refers, only pupils in the eleventh (11th) and
twelfth (12th) grades shall be considered.
(3)Â
Parks and golf courses shall provide parking area
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking area available on
park roads or private drives may be used to fulfill this requirement.
(4)Â
Nursing homes, public utility facilities, swimming
pools, clubs, recreational and community center, and retreats shall
provide sufficient parking spaces for employees' or visitors' motor
vehicles as to assure that no such vehicles need be parked on any
street.
(5)Â
Hospitals shall have parking spaces provided on
the basis of two and one-half (2.5) parking spaces for each bed in
the hospital.
(6)Â
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit.
(7)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross floor area of the
library exclusive of auditoriums, plus one (1) additional parking
space for each six (6) seats in an auditorium or meeting place accessory
to a library.
(8)Â
Parking areas, including driveways, shall, in
this district, be paved.
(9)Â
Commercial gardens, plant nurseries and greenhouses
shall provide at least four (4) parking spaces per acre plus two (2)
parking spaces per greenhouse.
(10)Â
Carports or other unenclosed covered structures typically used
to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f.Â
Deleted.
g.Â
Deleted.
h.Â
In-home day cares shall contain no more than four (4) unrelated
children.
(1)Â
"Related" is defined as any of
the following relationships by marriage, blood or adoption between
the provider and the children in care: parent, grandparent, great-grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,
niece, nephew or first cousin.
(2)Â
Only two (2) unrelated children are allowed in
a multi-family dwelling unit as defined by the Zoning Code.
C.Â
"R-3"
Residence District.
1.Â
The "R-3" Residence District is designed to encourage the creation
and maintenance of stable and enduring residential neighborhoods by
establishing limitations on the use and character of development of
land so as to take advantage of, or to avoid conflicts with, natural
topography, hydrology, existing developments, and arrangements and
location of existing or planned community facilities, and social needs
of the community. This Subsection contains the district regulations
of the "R-3" Residence District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming.
(2)Â
Forests.
(3)Â
Single-family dwellings.
(4)Â
Churches.
(5)Â
Public or private kindergarten, elementary, secondary,
and collegiate schools.
(6)Â
Deleted.
(7)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(8)Â
Golf courses, including practice driving tees
on the same premises, not including miniature courses.
(9)Â
Home occupations.
(10)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until said plans have been approved by the Planning Commission.
(11)Â
Deleted.
(12)Â
Fire stations.
(13)Â
Public or private not-for-profit libraries.
(14)Â
Municipal buildings.
(15)Â
Accessory buildings.
(16)Â
Commercial vegetable and flower gardening, plant
nurseries and greenhouses, not including any structure used as a salesroom.
b.Â
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1)Â
Two-family dwellings containing fifteen hundred
(1,500) square feet minimum in each dwelling unit.
(2)Â
Nursing homes.
(3)Â
All public utility facilities.
(4)Â
Not-for-profit private clubs and recreational
land uses, including community centers.
(5)Â
Retreats owned and operated by religious, educational,
or other not-for-profit establishments.
(6)Â
Sewage treatment facilities.
(7)Â
Hospitals.
(8)Â
Foster homes for handicapped children.
(9)Â
Specialized private schools.
(10)Â
Dormitories or group living facilities for religious,
educational or charitable purposes.
(11)Â
Salesrooms for commercial gardens, plant nurseries
and greenhouses.
(12)Â
Temporary commercial activities of community-oriented,
not-for-profit, and fraternal organizations.
(13)Â
Sheltered workshops.
(14)Â
Deleted.
(15)Â
In-home day care.
(16)Â
Nursery schools and day nurseries.
(17)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c.Â
Height Limitations For Structures.
(1)Â
No dwelling structure shall exceed two and one-half
(2Â 1/2) stories or thirty-five (35) feet in height.
(2)Â
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structures; except that the height of structures may be further restricted as provided in Section 405.050(B).
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Dwellings shall be situated on tracts of land
providing at least fifteen thousand (15,000) square feet of lot area
for each dwelling unit.
(2)Â
Two-family dwellings shall be situated on tracts
of land providing at least fifteen thousand (15,000) square feet of
lot area.
(3)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(4)Â
Deleted.
(5)Â
Fire stations shall be situated on tracts of land
at least one (1) acre in area.
(6)Â
Public or private not-for-profit libraries shall
be situated on tracts of at least one (1) acre.
(7)Â
All other land uses permitted in this district,
except local public utility facilities, shall be situated or conducted
on tracts of land at least five (5) acres in area; except as may be
clearly indicated otherwise by the context of these regulations.
(8)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least five (5) acres in area, provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster homes for handicapped children,
not-for-profit private clubs and recreational land uses, including
community centers, on tracts of land less than five (5) acres where
the developments and uses contemplated are deemed consistent with
good planning practice; can be operated in a manner that is not detrimental
to the permitted developments and uses of the district; can be developed
and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; are deemed essential or desirable to
preserve and promote public health, safety, and general welfare of
the City of Arnold; and where the related parking needs, outdoor facilities,
size of buildings and potential membership of said developments and
uses are deemed consistent with the intensity of land use in the neighborhood
of said uses and developments. Provided, however, that the minimum
tract area for the said conditional developments and uses shall not
be less than the minimum tract area for dwelling units permitted in
this district.
(9)Â
No structure or boundary walls or fences, higher
than six (6) feet in height, shall be erected within twenty-five (25)
feet of any roadway right-of-way line or road easement. In the case
of corner lots, no structure exceeding thirty-six (36) inches in height
may be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(10)Â
No structure shall be erected within eight (8)
feet of any side property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height; and except further that wherever a lot of record existing
on the effective date of this Chapter has a width sixty (60) feet
or less, the side yard on each side of any building erected on such
lot may be reduced to a width of not less than ten percent (10%) of
the width of the lot, but in no instances shall such yard be less
than five (5) feet in width.
(11)Â
No structure shall be erected within fifteen
(15) feet of a rear property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height.
(12)Â
Any non-residential structure permitted in this
district, other than a public utility tower authorized by a conditional
use permit, which exceed thirty (30) feet in height shall be set back
from all property lines at least one (1) additional foot for every
foot of height above thirty (30) feet.
(13)Â
In the event that forty percent (40%) or more
of the frontage along one (1) side of a street between two (2) intersecting
streets, or for a distance of at least five hundred (500) feet in
either direction, is developed with buildings set back from such street
with a variation in setback of no more than ten (10) feet, a structure
may be located so as to approach no closer to the roadway than the
average of existing buildings, but in no case shall any building be
located closer than fifteen (15) feet from the roadway right-of-way
line.
(14)Â
Specialized private schools may be permitted
in any residential district under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
every fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property line in each given
residential district.
(15)Â
Commercial gardens, plant nurseries and greenhouses
shall be located on tracts of land providing at least three (3) acres.
(16)Â
Deleted.
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) space for every four (4) students over the
age of sixteen (16) whom the school is designed to accommodate; for
purposes of calculating the number of secondary school pupils to whom
this criteria refers, only pupils in the eleventh (11th) and twelfth
(12th) grades shall be considered.
(3)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking area available on
park roads or private drives may be used to fulfill this requirement.
(4)Â
Nursing homes, public utility facilities, swimming
pools, clubs, recreational and community centers, and retreats shall
provide sufficient parking spaces for employees' or visitors' motor
vehicles as to assure that no such vehicle need be parked on any street.
(5)Â
Hospital shall provide not less than two and one-half
(2.5) parking spaces for each bed in the hospital.
(7)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross floor area of the
library exclusive of auditoriums, plus one (1) additional parking
space for each six (6) seats in an auditorium or meeting place accessory
to a library.
(8)Â
Parking areas, including driveways, shall, in
this district, be paved.
(9)Â
Commercial gardens, plant nurseries and greenhouses
shall provide at least four (4) parking spaces per acre plus two (2)
parking spaces per greenhouse.
(10)Â
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit.
(11)Â
Two-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit,
plus one (1) guest space for every two (2) dwelling units.
(12)Â
Carports or other unenclosed covered structures typically used
to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f.Â
Deleted.
g.Â
Deleted.
h.Â
In-home day cares shall contain no more than four (4) unrelated
children.
(1)Â
"Related" is defined as any of
the following relationships, by marriage, blood or adoption between
the provider and the children in care: parent, grandparent, great-grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,
niece, nephew or first cousin.
(2)Â
Only two (2) unrelated children are allowed in
a multi-family dwelling unit as defined by the Zoning Code.
D.Â
"R-4"
Residence District.
1.Â
The "R-4" Residence District is designed to encourage the creation
and maintenance of stable and enduring residential neighborhoods by
establishing limitations on the use and character of development of
land so as to take advantage of, or to avoid conflicts with, natural
topography, existing developments, hydrology, and arrangements and
location of existing or planned community facilities, and social needs
of the community. This Subsection contains district regulations of
the "R-4" Residence District. These regulations are supplemented and
qualified by additional general regulations appearing elsewhere in
this Chapter which are incorporated as part of this Subsection by
reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming.
(2)Â
Forests.
(3)Â
Single-family dwellings.
(4)Â
Churches.
(5)Â
Public or private kindergarten, elementary, secondary
and collegiate schools.
(6)Â
Deleted.
(7)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(8)Â
Home occupations.
(9)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until said plans have been approved by the Planning Commission.
(10)Â
Fire stations.
(11)Â
Public or private not-for-profit libraries.
(12)Â
Municipal buildings.
(13)Â
Accessory buildings.
(14)Â
Commercial vegetable and flower gardening, plant
nurseries and greenhouses, not including any structure used as a salesroom.
b.Â
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1)Â
Two-family dwellings.
(2)Â
Three-family dwellings.
(3)Â
Four-family dwellings.
(4)Â
Nursing homes.
(5)Â
All public utility facilities.
(6)Â
Not-for-profit private clubs and recreational
land uses, including community centers.
(7)Â
Golf courses, including practice driving tees
on the same premises, not including miniature courses.
(8)Â
Retreats owned and operated by religious, educational,
or other not-for-profit establishments.
(9)Â
Sewage treatment facilities.
(10)Â
Hospitals.
(11)Â
Foster homes for handicapped children.
(12)Â
Specialized private schools.
(13)Â
Dormitory or group living facilities for religious,
educational or charitable purposes.
(14)Â
Salesrooms for commercial gardens, plant nurseries
and greenhouses.
(15)Â
Temporary commercial activities of community-oriented,
not-for-profit, and fraternal organizations.
(16)Â
Sheltered workshops.
(17)Â
In-home day care.
(18)Â
Nursery schools and day nurseries.
(19)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c.Â
Height Limitations For Structures.
(1)Â
No dwelling structure shall exceed two and one-half
(2Â 1/2) stories or thirty-five (35) feet in height.
(2)Â
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 405.050(B).
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Dwellings shall be situated on tracts of land
providing at least ten thousand (10,000) square feet of lot area for
each dwelling unit.
(2)Â
Two-family dwellings shall be situated on tracts
of land providing at least ten thousand (10,000) square feet of lot
area.
(3)Â
Three-family dwellings shall be situated on tracts
of land providing at least twelve thousand (12,000) square feet of
lot area.
(4)Â
Four-family dwellings shall be situated on tracts
of land providing at least sixteen thousand (16,000) square feet of
lot area.
(5)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(6)Â
Deleted.
(7)Â
Fire stations shall be situated on tracts of land
at least one (1) acre in area.
(8)Â
Nursing homes shall be situated on tracts of land
at least three (3) acres in area.
(9)Â
Public or private not-for-profit libraries shall
be situated on tracts of at least one (1) acre.
(10)Â
All other land uses permitted in this district,
except local public utility facilities, shall be situated or conducted
on tracts of land at least five (5) acres in area; except as may be
clearly indicated otherwise by the context of these regulations.
(11)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least five (5) acres in area, provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster homes for handicapped children,
not-for-profit private clubs and recreational land uses, including
community centers, on tracts of land less than five (5) acres where
the developments and uses contemplated are deemed consistent with
good planning practice; can be operated in a manner that is not detrimental
to the permitted developments and uses of the district; can be developed
and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; are deemed essential or desirable to
preserve and promote the public health, safety, and general welfare
of the City of Arnold; and where the related parking needs, outdoor
facilities, size of buildings and potential membership of said developments
and uses are deemed consistent with the intensity of land use in the
neighborhood of said uses and developments. Provided, however, that
the minimum tract area for said conditional uses shall not be less
than the minimum tract area for dwelling units permitted in this district.
(12)Â
No structure or boundary walls or fences, higher
than six (6) feet in height, shall be erected within twenty-five (25)
feet of any roadway right-of-way line or road easement. In the case
of corner lots, no structure exceeding thirty-six (36) inches in height
may be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(13)Â
No structure shall be erected within eight (8)
feet of any side property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height; and except further that wherever a lot of record existing
on the effective date of this Chapter has a width sixty (60) feet
or less, the side yard on each side of any building erected on such
lot may be reduced to a width of not less than ten percent (10%) of
the width of the lot, but in no instances shall such yard be less
than five (5) feet in width.
(14)Â
No structure shall be erected within fifteen
(15) feet of a rear property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height.
(15)Â
Any non-residential structure permitted in this
district, other than a public utility tower authorized by a conditional
use permit, which exceeds thirty (30) feet in height shall be set
back from all property lines at least one (1) additional foot for
every foot of height above thirty (30) feet.
(16)Â
In the event that forty percent (40%) or more
of the frontage along one (1) side of a street between two (2) intersecting
streets, or for a distance of at least five hundred (500) feet in
either direction, is developed with buildings set back from such street
with a variation in setback of no more than ten (10) feet, a structure
may be located so as to approach no closer to the roadway than the
average of existing buildings, but in no case shall any building be
located closer than fifteen (15) feet from the roadway right-of-way
line.
(17)Â
Specialized private schools may be permitted
in any residential district under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
each fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property line in each given
residential district.
(18)Â
Commercial gardens, plant nurseries and greenhouses
shall be located on tracts of land providing at least three (3) acres.
(19)Â
Notwithstanding any other provision of this Code,
two-family, three-family and four-family dwellings shall not be permitted
within a development approved as a development for single-family dwellings.
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) space for every four (4) students over the
age of sixteen (16) whom the school is designed to accommodate; for
purposes of calculating the number of secondary school pupils to whom
this criterion refers, only pupils in the eleventh (11th) and twelfth
(12th) grades shall be considered.
(3)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking area available on
park roads or private drives may be used to fulfill this requirement.
(4)Â
Nursing homes, public utility facilities, swimming
pools, clubs, recreational and community centers, and retreats shall
provide sufficient parking spaces for employees' or visitors' motor
vehicles as to assure that no such vehicles need be parked on any
street.
(5)Â
Hospitals shall provide not less than two and
one-half (2.5) parking spaces for each bed in the hospital.
(7)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross floor area of the
library exclusive of auditoriums, plus one (1) additional parking
space for each six (6) seats in an auditorium or meeting place accessory
to a library.
(8)Â
Parking areas, including driveways, shall, in
this district, be paved.
(9)Â
Commercial gardens, plant nurseries and greenhouses
shall provide at least four (4) parking spaces per acre plus two (2)
parking spaces per greenhouse.
(10)Â
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit.
(11)Â
Two-Family, Three-Family, And Four-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit,
plus one (1) guest space for every two (2) dwelling units.
(12)Â
Carports or other unenclosed covered structures typically used
to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f.Â
In-home day cares shall contain no more than four (4) unrelated
children.
(1)Â
"Related" is defined as any of
the following relationships by marriage, blood or adoption between
the provider and the children in care: parent, grandparent, great-grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,
niece, nephew or first cousin.
(2)Â
Only two (2) unrelated children are allowed in
a multi-family dwelling unit as defined by the Zoning Code.
E.Â
"R-5"
Residence District.
1.Â
The "R-5" Residence District is designed to encourage the creation
and maintenance of stable and enduring residential neighborhoods by
establishing limitations on the use and character of development of
land so as to take advantage of, or to avoid conflicts with, natural
topography, hydrology, existing developments, and arrangements and
location of existing or planned community facilities, and social needs
of the community. This Subsection contains the district regulations
of the "R-5" Residence District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming.
(2)Â
Forests.
(3)Â
Single-family dwellings.
(4)Â
Churches.
(5)Â
Public or private not-for-profit libraries.
(6)Â
Public or private kindergarten, elementary, secondary
and collegiate schools.
(7)Â
Deleted.
(8)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(9)Â
Home occupations.
(10)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building or installation permit shall be issued until said
plans have been approved by the Planning Commission.
(11)Â
Fire stations.
(12)Â
Municipal buildings.
(13)Â
Accessory buildings.
(14)Â
Commercial vegetable and flower gardening, plant
nurseries and greenhouses, not including any structure used as a salesroom.
b.Â
Conditional land use and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1)Â
Two-family dwellings.
(2)Â
Three-family dwellings.
(3)Â
Four-family dwellings.
(4)Â
All public utility facilities.
(5)Â
Not-for-profit private clubs and recreational
land uses, including community centers.
(6)Â
Nursing homes.
(7)Â
Retreats owned and operated by religious, educational,
or other not-for-profit establishments.
(8)Â
Hospitals.
(9)Â
Golf courses, but not including miniature courses.
(10)Â
Dormitory or group living facilities for religious,
educational or charitable purposes.
(11)Â
Sewage treatment facilities.
(12)Â
Foster homes for handicapped children.
(13)Â
Specialized private schools.
(14)Â
Salesrooms for commercial gardens, plant nurseries
and greenhouses.
(15)Â
Temporary commercial activities of community-oriented,
not-for-profit, and fraternal organizations.
(16)Â
Sheltered workshops.
(17)Â
In-home day care.
(18)Â
Nursery schools and day nurseries.
(19)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c.Â
Height Limitations For Structures.
(1)Â
No dwelling structure shall exceed two and one-half
(2Â 1/2) stories in height, including any basement dwelling space,
or thirty-five (35) feet in height.
(2)Â
Any non-dwelling structure, other than a public utility tower authorized by a conditional use permit, shall be limited to a height of fifty (50) feet above the average finished ground elevation at the perimeter of the such structure; except that the height of the structure may be further restricted as provided in Section 405.050(B).
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Detached single-family dwellings shall be situated
on tracts of land providing at least eight thousand (8,000) square
feet of lot area.
(2)Â
Two-family dwellings shall be situated on tracts
of land providing at least eight thousand (8,000) square feet of lot
area.
(3)Â
Three-family dwellings shall be situated on tracts
of land at least twelve thousand (12,000) square feet of lot area.
(4)Â
Four-family dwellings shall be situated on tracts
of land providing at least sixteen thousand (16,000) square feet of
lot area.
(5)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acres
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(6)Â
Deleted.
(7)Â
Nursing homes shall be situated on tracts of land
at least two (2) acres in area.
(8)Â
Fire stations shall be situated on tracts of land
at least one (1) acre in area.
(9)Â
Hospitals shall be situated on tracts of land
at least five (5) acres in area.
(10)Â
Libraries shall be situated on tracts of land
at least one (1) acre in area.
(11)Â
All other land uses permitted in this district,
except local public utility facilities, shall be situated or conducted
on tracts of land at least three (3) acres in area unless the context
of these regulations clearly indicates otherwise.
(12)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least three (3) acres in area, provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster homes for handicapped children,
not-for-profit private clubs and recreational land uses, including
community centers, on tracts of land less than three (3) acres where
the developments and uses contemplated are deemed consistent with
good planning practice; can be operated in a manner that is not detrimental
to the permitted developments and uses of the district; can be developed
and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; are deemed essential or desirable to
promote and preserve the public health, safety and general welfare
of the City of Arnold; and where the related parking needs, outdoor
facilities, size of buildings and potential membership of said developments
and uses are deemed consistent with the intensity of land use in the
neighborhood of said uses and developments. Provided, however, that
the minimum tract area for said conditional developments and uses
shall not be less than the minimum tract area for dwelling units permitted
in this district.
(13)Â
No structure or boundary walls or fences, higher
than six (6) feet in height, shall be erected within twenty-five (25)
feet of any roadway right-of-way line or road easement. In the case
of corner lots, no structure exceeding thirty-six (36) inches in height
may be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(14)Â
No structure shall be erected within eight (8)
feet of any side property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height; and except further that wherever a lot of record existing
on the effective date of this Chapter, has a width sixty (60) feet
or less, the side yard on each side of any building erected on such
lot may be reduced to a width of not less than ten percent (10%) of
the width of the lot, but in no instance shall such yard be less than
five (5) feet in width.
(15)Â
No structure shall be erected within fifteen
(15) feet of a rear property line; except that this requirement shall
not apply to any boundary walls or fence less than six (6) feet in
height.
(16)Â
Any non-residential structure permitted in this
district, other than a public utility tower authorized by a conditional
use permit, which exceeds thirty (30) feet in height shall be set
back from all property lines at least one (1) additional foot for
every foot of height above thirty (30) feet.
(17)Â
In the event that forty percent (40%) or more
of the frontage along one (1) side of a street between two (2) intersecting
streets, or for a distance of at least five hundred (500) feet in
either direction is developed with buildings set back from such street
with a variation in setback of no more than ten (10) feet, a structure
may be located so as to approach no closer to the roadway than the
average of existing buildings, but in no case shall any building be
located closer than fifteen (15) feet from the roadway right-of-way
line.
(18)Â
No wall of any separate (detached) structure
shall be located closer to any wall of another separate structure
than as set out in the following table:
Walls
|
Front
|
Side
|
Rear
|
Walls of Detached Accessory Buildings
|
---|---|---|---|---|
Front
|
50' plus additional 10' for each building over 2 stories
|
30' except 20' if side wall has no windows
|
100'
|
30'
|
Side
|
30' except 20' if side wall has no windows
|
20'
|
30'
|
10'
|
Rear
|
100'
|
30'
|
30'
|
20'
|
Except that any dimension given in the preceding table shall include the side yard required for a single-family dwelling, stated in Subsection (E)(1)(d)(14) preceding, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.
|
(19)Â
Specialized private schools may be permitted
in any residential district under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
each fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property lines in each
given residential district.
(20)Â
Commercial gardens, plant nurseries and greenhouses
shall be located on tracts of land providing at least three (3) acres.
(21)Â
Any part of a lot area not used for buildings
or other structures or for parking, loading or accessways shall be
landscaped with grass, ground cover, trees, shrubs and pedestrian
walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
(22)Â
Notwithstanding any other provision of this Code,
two-family, three-family and four-family dwellings shall not be permitted
within a development approved as a development for single-family dwellings.
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) space for every four (4) students over the
age of sixteen (16) whom the school is designed to accommodate; for
purposes of calculating the number of secondary school pupils to whom
the criterion refers, only pupils in the eleventh (11th) and twelfth
(12th) grades shall be considered.
(3)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course; except that parking area available on
park roads or private drives may be used to fulfill this requirement.
(4)Â
Hospitals shall have parking area provided on
a basis of two and one-half (2.5) parking spaces for each bed in the
hospital.
(5)Â
Nursing homes, public utility facilities, pools,
clubs, recreational and community centers library, mortuaries, floor
dormitories, and group living arrangements, fire stations and retreats
shall provide sufficient parking spaces for employees' or visitors'
motor vehicles as to assure that no such vehicles need be parked on
any street.
(7)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross area of the library
exclusive of auditoriums, plus one (1) additional parking space for
each six (6) seats in an auditorium or meeting place accessory to
a library.
(8)Â
Parking areas, including driveways, shall, in
this district, be paved.
(9)Â
Commercial gardens, plant nurseries and greenhouses
shall provide at least four (4) parking spaces per acre and two (2)
parking spaces per greenhouse.
(10)Â
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit.
(11)Â
Two-Family, Three-Family, And Four-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit,
plus one (1) guest space for every two (2) dwelling units.
(12)Â
Carports or other unenclosed covered structures typically used
to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f.Â
In-home day cares shall contain no more than four (4) unrelated
children.
(1)Â
"Related" is defined as any of
the following relationships by marriage, blood or adoption between
the provider and the children in care: parent, grandparent, great-grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,
niece, nephew or first cousin.
(2)Â
Only two (2) unrelated children are allowed in
a multi-family dwelling unit as defined by the Zoning Code.
F.Â
"R-6"
Residence District.
1.Â
The "R-6" Residence District is designed to blend and encourage the
creation and maintenance of stable and enduring residential neighborhoods
by establishing limitations on the use and character of development
of land so as to take advantage of, and avoid conflicts with, natural
topography, hydrology, existing developments, and arrangements and
location of existing or planned community facilities, and social needs
of the community. This Subsection contains the district regulations
of the "R-6" Residence District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter, which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming.
(2)Â
Forests.
(3)Â
Single-family dwellings.
(4)Â
Two-family dwellings.
(5)Â
Churches.
(6)Â
Public or private kindergarten, elementary, secondary,
and collegiate schools.
(7)Â
Deleted.
(8)Â
Public and private not-for-profit parks, parkways
and playgrounds.
(9)Â
Private not-for-profit libraries.
(10)Â
Home occupations.
(11)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until said plans have been approved by the Planning Commission.
(12)Â
Fire stations.
(13)Â
Municipal and governmental agency buildings.
(14)Â
Accessory buildings.
(15)Â
The following commercial uses when located within
a multiple-family structure; provided these occupy no more than five
percent (5%) of the gross floor area of the structure, or if provided
in a single structure of a multi-public structure development under
single ownership, no more than five percent (5%) of the total gross
floor area of the multiple-family structures within the development;
and no displays are visible from the outside of the structure:
(16)Â
Commercial vegetable and flower gardening, plant
nurseries and greenhouses, not including any structure used as a salesroom.
b.Â
Conditional land uses and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter.
(1)Â
Three-family dwellings.
(2)Â
Four-family dwellings.
(3)Â
Multi-family dwellings.
(4)Â
All public utility facilities.
(5)Â
Not-for-profit private clubs and recreation land
uses, including community centers.
(6)Â
Nursing homes.
(7)Â
Lodging Establishments, including customary services
for guests.
(8)Â
Hospitals.
(9)Â
Golf courses, but not including miniature courses.
(10)Â
Retreats.
(11)Â
Dormitory or group living facilities for religious,
educational, or charitable purposes.
(12)Â
Sewage treatment facilities.
(13)Â
Foster homes for handicapped children.
(14)Â
Specialized private schools.
(15)Â
Salesrooms for commercial gardens, plant nurseries
and greenhouses.
(16)Â
Temporary commercial activities of community-oriented,
not-for-profit, and fraternal organizations.
(17)Â
Sheltered workshops.
(18)Â
In-home day care.
(19)Â
Nursery schools and day nurseries.
(20)Â
Clinic (max. 5% of the gross floor area of the structure).
(21)Â
Outdoor activities.
(22)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
c.Â
Height Limitations For Structures. Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure, other than a public utility tower authorized by a conditional use permit, shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of the such structure.
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Detached single-family dwellings shall be situated
on tracts of land providing at least eight thousand (8,000) square
feet of lot area.
(2)Â
Two-family dwellings shall be situated on tracts
of land providing at least eight thousand (8,000) square feet of lot
area.
(3)Â
Three-family dwellings shall be situated on tracts
of land providing at least twelve thousand (12,000) square feet of
lot area.
(4)Â
Four-family dwellings shall be situated on tracts
of land providing at least sixteen thousand (16,000) square feet of
lot area.
(5)Â
Multiple-family dwellings shall be situated on
tracts of land providing at least two thousand (2,000) square feet
of lot area for each dwelling unit.
(6)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(7)Â
Deleted.
(8)Â
Hospitals shall be situated on tracts of land
at least five (5) acres in area.
(9)Â
Fire stations shall be situated on tracts of land
at least one (1) acre in area.
(10)Â
Libraries shall be situated on tracts of land
at least one (1) acre in area.
(11)Â
Nursing homes shall be situated on tracts of
land at least two (2) acres in area.
(12)Â
All other land uses permitted in this district,
except local public utility facilities, shall be situated or conducted
on tracts of land at least three (3) acres in area unless the context
of these regulations clearly indicates otherwise.
(13)Â
Except as otherwise provided in this Subsection,
all conditional land uses in this district shall be situated or conducted
on tracts of land at least three (3) acres in area, provided, however,
that the Planning Commission, when approving a conditional use permit
for foster homes for handicapped children, not-for-profit private
clubs and recreational land uses, including community centers, may
allow the establishment of said foster homes for handicapped children,
not-for-profit clubs and recreational land uses, including community
centers, on tracts of land less than three (3) acres where the developments
and uses contemplated are deemed consistent with good planning practice;
can be operated in a manner that is not detrimental to the permitted
developments and uses of the district; can be developed and operated
in a manner that is visually compatible with the permitted uses in
the surrounding area; are deemed essential or desirable to preserve
and promote the public health, safety, and general welfare of the
City of Arnold; and where the related parking needs, outdoor facilities,
size of buildings and potential membership of said developments and
uses are deemed consistent with the intensity of land use in the neighborhood
of said uses and developments. Provided, however, that the minimum
tract area for said conditional developments and uses shall not be
less than the minimum tract area for dwelling units permitted in this
district.
(14)Â
No structure or boundary walls or fences, higher
than six (6) feet in height, shall be erected within twenty-five (25)
feet of any roadway right-of-way line or road easement. In the case
of corner lots, no structure exceeding thirty-six (36) inches in height
may be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(15)Â
In the event that forty percent (40%) or more
of the frontage along one (1) side of a street between two (2) intersecting
streets, or for a distance of at least five hundred (500) feet in
either direction is developed with buildings set back from such street
with a variation in setback of no more than ten (10) feet, a structure
may be located so as to approach no closer to the roadway than the
average of existing buildings, but in no case shall any building be
located closer than fifteen (15) feet from the roadway right-of-way
line.
(16)Â
No structure shall be erected within eight (8)
feet of any side property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height; and except further that wherever a lot of record existing
on the effective date of this Chapter has a width sixty (60) feet
or less, the side yard on each side of any building erected on such
lot may be reduced to a width of not less than ten percent (10%) of
the width of the lot, but in no instances shall such yards be less
than five (5) feet in width.
(17)Â
No structure shall be erected within fifteen
(15) feet of a rear property line; except that this requirement shall
not apply to any boundary wall or fence less than six (6) feet in
height.
(18)Â
In addition to the front, side and rear yard requirements stated in Subsection (F)(1)(d)(13), (14), (16) and (17) preceding, every structure, other than a public utility tower authorized by a conditional use permit, shall satisfy the following setback requirement: Every structure exceeding forty-five (45) feet in height above the average finished ground elevation at the perimeter of such structure shall be set back from all property lines a distance of one (1) foot for every two (2) feet of height above forty-five (45) feet, in addition to the minimum yard requirements.
(19)Â
No wall of any separate (detached) structure
shall be located closer to any wall of another separate structure
than as set out in the following table:
Walls
|
Front or Rear
|
Side or End
|
Walls of Detached Accessory Buildings
|
---|---|---|---|
Front or Rear
|
50 ft. plus 1 ft. for each 2 ft. of height above each building
|
30 ft. except 20 ft. if side wall has no windows plus 1 ft.
for each 3 ft. of height above 35 ft. for each building
|
30 ft. plus 1 ft. for each 2 ft. of height above 35 ft. for
each building
|
Side or End
|
30 ft. except 20 ft. if side wall has no windows plus 1 ft.
for each 3 ft. of height above 35 ft. for each building
|
20 ft. plus 1 ft. for each 3 ft. of height above 35 ft. for
each building
|
10 ft. plus 1 ft. for each 2 ft. of height above 35 ft. for
each building
|
Except that any dimension given above shall include the side yard required for a single-family dwelling, stated in Subsection (F)(1)(d)(16) proceeding, when any described wall faces the side lot of any separately owned property, whether or not any structure is located on said property.
|
(20)Â
Specialized private schools may be permitted
in any residential district under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
each fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property line in each given
residential district.
(21)Â
Commercial gardens, plant nurseries and greenhouses
shall be located on tracts of land providing at least three (3) acres.
(22)Â
Any part of a lot area not used for buildings
or other structures or for parking, loading or accessways shall be
landscaped with grass, ground cover, trees, shrubs and pedestrian
walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Churches shall provide one (1) off-street parking
space for each four (4) seats in the main auditorium of the church.
(2)Â
Public and private schools shall provide one (1)
off-street parking space for each classroom and separate office in
such school, plus one (1) space for every four (4) students over the
age of sixteen (16) whom the school is designed to accommodate; for
purposes of calculating the number of secondary school pupils to whom
this criterion refers, only pupils in the eleventh (11th) and twelfth
(12th) grades shall be considered.
(3)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking area available on
park roads or private drives may be used to fulfill this requirement.
(4)Â
Hospitals shall have parking areas provided on
the basis of two and one-half (2.5) parking spaces for each bed in
the hospital.
(5)Â
Nursing homes, public utility facilities, swimming
pools, clubs, recreation and community centers, mortuaries, dormitories,
and group living arrangements, and fire stations shall provide sufficient
parking spaces for employees' or visitors' motor vehicles as to assure
that no such vehicles need be parked on any street.
(7)Â
Lodging Establishments shall provide one and one-half
(1Â 1/2) off-street parking spaces for each guest room.
(8)Â
Public and private not-for-profit libraries shall
provide parking areas of three (3) times the gross floor area of the
library exclusive of auditoriums, plus one (1) additional parking
space for each six (6) seats in an auditorium or meeting place accessory
to a library.
(9)Â
Parking areas, including driveways, shall, in
this district, be paved.
(10)Â
Commercial gardens, plant nurseries and greenhouses
shall provide at least four (4) parking spaces per acre and two (2)
parking spaces per greenhouse.
(11)Â
Single-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit.
(12)Â
Two-Family, Three-Family, And Four-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
At least two (2) fully enclosed off-street parking spaces oriented
parallel to one another shall be provided for each dwelling unit,
plus one (1) guest space for every two (2) dwelling units.
(13)Â
Multi-Family Parking Standards.
[Ord. No. 7.49 (2830), 7-21-2022]
(a)Â
For one- and two-bedroom dwelling units, a minimum of two (2)
fully enclosed off-street parking spaces oriented parallel to one
another shall be provided. For dwelling units containing more than
two (2) bedrooms, a minimum of two (2) fully enclosed off-street parking
spaces oriented parallel to one another shall be provided plus an
additional parking space for each additional bedroom. Additionally,
for every two (2) dwelling units within a multi-family development,
an additional one (1) guest space shall be provided.
(b)Â
At least one (1) covered bicycle space shall be provided for
each three (3) dwelling units.
(14)Â
Carports or other unenclosed covered structures typically used
to store vehicles are prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
f.Â
In-home day cares shall contain no more than four (4) unrelated
children.
(1)Â
"Related" is defined as any of
the following relationships by marriage, blood or adoption between
the provider and the children in care: parent, grandparent, great-grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt,
niece, nephew or first cousin.
(2)Â
Only two (2) unrelated children are allowed in
a multi-family dwelling unit as defined by the Zoning Code.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
"C-1"
Commercial District.
1.Â
The "C-1" Commercial District of the City of Arnold is intended to
authorize the provisions of certain limited sales and service facilities
located in residential communities and constituting a convenience
to residents in the immediate neighborhood. This Subsection contains
the district regulations for the "C-1" Commercial District. These
regulations are supplemented and qualified by additional general regulations
appearing elsewhere in this Chapter which are incorporated as part
of this Subsection by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Stores and shops in which food stuff, beverages,
pharmaceuticals, household supplies and personal use items are sold
directly to the public for consumption elsewhere than on the premises;
providing that the total gross area of any store or shop shall not
exceed two thousand five hundred (2,500) square feet in area, exclusive
of basements which shall not be used for sales space.
(2)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until said plans have been approved by the Planning Commission.
(3)Â
Deleted.
(4)Â
Fire stations.
(5)Â
Churches.
(6)Â
Municipal buildings.
(7)Â
Financial institutions.
(8)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
b.Â
Conditional land uses and development permits issued by the Commission which may be permitted under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:
(1)Â
Neighborhood barbershops and beauty parlors.
(2)Â
Dry cleaning pickup stations.
(3)Â
Restaurants.
(4)Â
All public utility facilities.
(5)Â
Sewage treatment facilities.
(6)Â
Radio, television, and telecommunication transmission
or relay towers and facilities, provided that any installation shall
provide a fifteen-foot buffer, a minimum separation between towers
shall be fifteen hundred (1,500) feet, the maximum height shall be
one hundred ninety-nine (199) feet. Each tower shall provide multiple
carriers or co-users and each user shall demonstrate that all useable
space on the existing towers are occupied. A dual lighting system
as identified by FAA regulations shall be required on these towers.
(7)Â
Apartment units in buildings designed for and
occupied primarily for commercial purposes, when open areas for the
exclusive use of occupants of such apartments, protectively screened
from commercial activities are provided on the premises in a ratio
of at least one (1) square foot of open area for each two (2) square
feet of floor area contained in all apartment dwelling units.
(8)Â
Temporary structures constructed and placed on
an individual parcel for thirty-one (31) or more days, whether cumulative
or consecutively, per twelve-month period.
(9)Â
Bar/cocktail lounge.
(10)Â
Tobacco, Nicotine, and other legal substance establishment (See Section 405.150(A)).
(11)Â
Financial institution.
(12)Â
Outdoor activities.
c.Â
Height Limitations For Structures. No structure in this district,
other than a utility tower authorized by a conditional use permit,
shall exceed one (1) story in height above the average natural grade
of the perimeter of the lot or tract upon which it is located.
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Every lot or tract of land shall have an area,
exclusive of any area dedicated as a public roadway, comprising not
less than fifteen thousand (15,000) square feet.
(2)Â
No structure other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within fifty (50) feet of any
roadway right-of-way line or road easement. In the case of corner
lots, no structure exceeding thirty-six (36) inches in height may
be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(3)Â
A landscaped yard area not less than ten (10)
feet in width shall be provided along any common property line with
a lot lying wholly within any residential district.
(4)Â
The maximum lot coverage of any lot in this district
shall be no greater than twenty percent (20%) of the total lot area.
(5)Â
Any part of a lot area not used for buildings
or other structures or for parking, loading, or accessways shall be
landscaped with grass, ground cover, trees, shrubs, and pedestrian
walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
(6)Â
A fifteen-foot wide buffer shall be required on
any non-residential zoned property which adjoins a residential zoned
property and shall be located along the adjoining property line or
lines between the differently zoned properties. The buffer strip shall
meet the following minimum requirements:
(a)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
8 feet on center
|
(b)Â
Fencing.
Minimum height
|
6 feet
|
Sightproofing
|
stockade/slats in cyclone style
|
The Planning Commission may require or allow the use of topographic
features or the maintenance of the existing tree mass of a minimum
depth of fifteen (15) feet or as required to not encroach on existing
tree mass drip line in lieu of fences where such alternatives will
achieve comparable effect.
|
All buffering shall be established prior to the start of construction.
|
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Except as otherwise provided in this Subsection,
the requirements for off-street parking shall be implemented with
regard to the minimum dimensions in the following table:
Parking Dimensions Table
| ||||||
---|---|---|---|---|---|---|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
45°
|
10.0'
|
20.5'
|
12.5'
|
14.2'
|
53.5'
|
46.5'
|
60°
|
10.0'
|
21.0'
|
17.5'
|
11.5'
|
60.5'
|
55.5'
|
90°
|
10.0'
|
19.0'
|
24.0'
|
10.0'
|
62.0'
|
A
|
=
|
parking angle
|
B
|
=
|
stall width
|
C
|
=
|
stall to curb
|
D*
|
=
|
aisle width
|
E
|
=
|
curb length per car
|
F
|
=
|
curb to curb
|
G
|
=
|
center to center width of double row with aisle between
|
*
|
Additional width may be required where the aisle serves as the
principal means of access to on-site buildings or structures.
|
(2)Â
In the event that the desired angle is not specified
by the above table, the Community Development Department may specify
other equivalent dimensions associated with the desired parking angle
by interpolating from dimensions listed in the table.
(3)Â
A stall dimension of ten (10) feet by nineteen
(19) feet or equivalent may be utilized for off-street parking stalls
provided in excess of the minimum requirements as set forth in this
Subsection when designated for compact car use.
(4)Â
On-site parallel parking stalls shall be ten (10)
feet by twenty-two (22) feet adjacent to a twenty-four (24) foot two-way
lane or fifteen (15) foot one-way lane.
(5)Â
All parking and loading areas, including driveways,
shall be paved.
(6)Â
All areas for off-street parking and loading shall
be so arranged that vehicles at no time shall be required to back
into any street or roadway to gain access thereto.
(7)Â
Off-street parking areas shall provide ingress
and egress to any public right-of-way only at such location as approved
by the Community Development Director.
(8)Â
Unenclosed parking spaces.
(a)Â
No unenclosed parking space or loading space or
internal drive, except for ingress or egress drives, shall be closer
to the street right-of-way than fifteen (15) feet. The area within
fifteen (15) feet of the street right-of-way shall be landscaped as
approved by the Planning Commission.
(b)Â
No unenclosed parking or loading space or internal
drive shall be closer than fifteen (15) feet to any adjoining "PS"
Park and Scenic or "R" Residence District. Said parking setbacks shall
be effectively screened.
(9)Â
No off-street parking space required under this
Subsection shall be used for any other purpose. Where a change in
use creates greater parking requirements than the amount being provided,
an occupancy permit shall not be issued until provision is made for
the increased amount of required off-street parking.
(10)Â
Where an addition is made to an existing use
which does not comply with the parking requirements cited for such
use, additional parking shall be provided in proportion to the addition.
(11)Â
Where no minimum requirement is specified or
when one (1) or more of the parking requirements may be construed
as applicable to the same use, lot or building, the final determination
of required parking shall be made by the Planning Commission.
(12)Â
All parking spaces required by this Subsection
shall be located on the same parcel of land as the use to be served,
except that parking for one (1) or more uses may be provided on a
separate lot from the use or uses to be served when said separate
lot is within a commercial zoning district and within three hundred
(300) feet of the use or uses to be served, as measured along a pedestrian
pathway. When two (2) or more uses combine to provide the required
parking space jointly, the parking space so provided shall equal the
total space required if each were to provide parking space separately.
Joint or remote parking areas provided in accordance with this
paragraph shall be comprised of a minimum of twenty (20) stalls except
when provided in accordance with uses in the "C-1" Commercial District.
Such parking must be approved by the Zoning Enforcement Officer. Subsequent
to approval, said parking plan and an appropriate legal instrument
of agreement among the owners of the various properties involved shall
be recorded with the County Recorder of Deeds. Such recorded plans
and agreement shall be binding upon the owners of the properties involved
and their successors and assigns and shall limit and control the use
of land included in the plan in conjunction to those uses and conditions
approved by the Zoning Enforcement Officer and agreed to by the owners
of the properties involved.
(13)Â
All seasonal sales areas that use designated
parking areas shall not utilize more than ten percent (10%) of the
required parking spaces for that property.
(14)Â
The minimum number of parking spaces provided
on the same premises shall be as designated by use in the following
table:
[Ord. No. 14.532 (2737), 5-2-2019; Ord.
No. 14.540 (2758), 10-17-2019]
Parking Space Requirements
| |
---|---|
Use
|
Number of Parking Spaces
|
Apartment
|
2 per dwelling unit
|
Auditoriums, theaters, meeting rooms and places for public assembly
|
1 per 4 seats or 1 for every 50 square feet of gross floor area
when there is no fixed seating
|
Auto parts store
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Auto sales
|
3Â 1/3 per 1,000 square feet of gross floor area of sales
and showroom area, 3 spaces for every service bay in repair garage
areas, and 1 space for every vehicle used in the operation of this
use or stored on the premises
|
Banks and similar institutions
|
6 per 1,000 square feet of gross floor area
|
Banks and similar institutions, drive-up facilities
|
Reservoir (line-up) parking equal to 5 times the capacity of
the facility
|
Barber and beauty shops
|
3 per chair
|
Beverage shops
|
6Â 1/2 per 1,000 square feet of gross floor area
|
Bookstores and card shops
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Car wash, except self-service
|
Reservoir (line-up) parking equal to 5 times the capacity of
the car wash
|
Car wash, self-service
|
Line-up area for each wash stall of sufficient size to accommodate
4 cars
|
Children's amusement parks
|
1 square foot for each square foot of public activity area
|
Churches
|
1 per 4 seats in the main auditorium
|
Cigar/newspaper stands
|
3Â 1/3 spaces per 1,000 square feet of gross floor area
|
Clubs and lodges
|
1 per 4 seats or 1 per 3 members
|
Commercial service facilities and retail sales
|
5Â 1/2 per 1,000 square feet of gross floor area
|
Commercial or trade school
|
1 per 3 students plus 1 per employee
|
Commercial vegetable and flower gardening, plant nurseries and
greenhouses
|
2 per 3 employees on the maximum shift, 1 per vehicle customarily
used in the operation of the use or stored on the premises, plus 5
per 1,000 square feet of gross floor area of salesroom
|
Day care centers
|
1 per 6 children; a safe pedestrian walkway system as approved
by the Planning Commission shall be provided through parking areas
to the building entrance, with a safety zone a minimum of 15 feet
in width between parking spaces in front of the building entrance
shall be provided in addition to standard driveway and parking requirements.
|
Equipment sales, service, rental and repair
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Filling stations
|
1 per employee on the maximum shift
|
Fishing tackle and bait shops
|
5 per 1,000 square feet of gross floor area
|
Fire stations
|
1 per employee on the maximum shift
|
Food markets, 5,000 square feet gross floor area and over
|
5Â 1/2 per 1,000 square feet of gross floor area
|
Food markets, under 5,000 square feet gross floor area (convenience
store)
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Furniture, store, retail
|
3 per 1,000 square feet of gross floor area
|
General offices
|
4 per 1,000 square feet of gross floor area
|
Home improvement centers
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Laundries and dry cleaning pickup
|
5 per 1,000 square feet of gross floor area
|
Libraries' reading rooms
|
5 per 1,000 square feet of gross floor area, 1 per 6 seats in
an accessory auditorium and 2 per 3 employees on the maximum shift
|
Lodging Establishments
|
1 per sleeping unit, 2 per 3 employees on the maximum shift,
plus 1 for every vehicle customarily used in the operation of the
use or stored on the premises
|
Mail order sales
|
1 per employee plus 1 for every vehicle customarily used in
operation of the use or stored on the premises
|
Medical or dental office or clinic
|
5 per 1,000 square feet of gross floor area
|
Mortuaries
|
1 per 5 seats, 10 space minimum
|
Police stations
|
2 per 3 employees on the maximum shift, plus 1 per vehicle customarily
used in the operation of the use or stored on the premises
|
Postal stations
|
4 per customer service station, 2 per 3 employees on the maximum
shift, plus 1 per vehicle customarily used in the operation of the
use or stored on the premises
|
Private clubs
|
1 per 3 members
|
Public buildings
|
1 per employee plus 1 per 4 seats in assembly halls
|
Public utility facilities
|
1 per employee
|
Recreational uses
|
1 per 3 patrons plus 1 per employee
|
Repair services
|
3Â 1/2 per 1,000 square feet of gross floor area
|
Restaurants, bars, cocktail lounges
|
1 per 3 seats plus 2 per 3 employees on the maximum shift
|
Restaurants, fast-food
|
1 per 2 seats plus 2 per 3 employees on the maximum shift, plus
reservoir (line-up) parking equal to 6 times the capacity of drive-through
facilities
|
Veterinary clinics and hospitals
|
4 per doctor plus 1 per additional employee
|
(15)Â
One (1) paved off-street loading space shall
be provided on the premises for each fifteen thousand (15,000) square
feet, or fraction thereof, of gross floor area in every building.
Each such loading space shall measure no less than ten (10) feet by
sixty (60) feet and shall have a height clear of obstructions of fourteen
(14) feet. Sufficient turning radii shall be provided for truck movement
into and out of the property.
f.Â
Deleted.
g.Â
Specific prohibitions.
(1)Â
Deleted.
(2)Â
Filling stations shall not be permitted within
this district.
(3)Â
No business establishment shall display or keep
for public patronage any amusement machine, table, or device to include,
but not limited to, billiard tables, pool tables, air hockey tables,
foosball tables, pinball machines, and video games.
B.Â
"C-2"
Commercial District.
1.Â
The "C-2" Commercial District of the City of Arnold encompasses areas
wherein may be located such stores and service facilities as will
provide a wide range of those goods and services usually used, consumed
or needed in the home or by individuals. Within this district, it
is the purpose of these regulations to facilitate the establishment
of conditions suitable for the operating of small business catering
to the general public. This Subsection contains the district regulations
of the "C-2" Commercial District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter that are incorporated as part of this Subsection by
reference.
a.Â
Permitted Land Uses.
(1)Â
Stores; shops; service facilities (excluding those
identified as a conditional use permit); markets; offices; recreational
facilities; and associated work and storage area required to carry
on business operations in which goods and services of any kind are
offered for sale or hire to the general public on the premises, provided
that the total gross floor area devoted to any business, firm, or
services shall not exceed thirty thousand (30,000) square feet in
floor area.
(2)Â
Churches.
(3)Â
Public kindergarten, elementary, secondary, and
collegiate schools.
(4)Â
Mortuaries.
(5)Â
Fire stations, postal stations, police stations,
and office buildings for governmental agencies.
(6)Â
Municipal buildings.
(7)Â
Financial institutions.
(8)Â
Restaurants.
(9)Â
Lodging Establishments, including customary services
for guests.
[Ord. No. 14.532 (2737), 5-2-2019]
(10)Â
(Reserved)[1]
[1]
Editor's Note: Former permitted use, Clinics, was repealed 3-5-2020 by Ord. No. 14.543 (Bill No. 2765). See now Subsection (B)(1)(b)(24), Clinic, conditional uses, below.
(11)Â
Public and private libraries, meeting rooms,
auditoriums, theaters, and other similar facilities for public assembly.
(12)Â
Hospitals.
(13)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner so as to blend with and
complement the character of the surrounding area. All plans for screening
said facilities shall be submitted to the Planning Commission for
review. No building permit or installation permit shall be issued
until the Planning Commission has approved said plans.
(14)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
b.Â
Conditional land use and development permits issued by the Commission under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:
(1)Â
Apartment units in buildings designed for and
occupied primarily for commercial purposes, when open areas for the
exclusive use of occupants of such apartments, protectively screened
from commercial activities, are provided on the premises in a ratio
of at least one (1) square foot of open area for each two (2) square
feet of floor area contained in all apartment dwelling units.
(2)Â
Auto filling stations.
(3)Â
Automotive repair shops.
(5)Â
Car washes.
(6)Â
Children's amusement parks.
(7)Â
Animal hospitals and clinics, excluding open kennels
and exercise yards.
(8)Â
Sewage treatment facilities.
(9)Â
All public utility facilities other than local
public utility facilities as defined by this Code.
(10)Â
Radio, television, and telecommunication transmission
or relay towers and facilities, provided that any installation shall
provide a fifteen-foot buffer, a minimum separation between towers
shall be fifteen hundred (1,500) feet, the maximum height shall be
one hundred ninety-nine (199) feet. Each tower shall provide multiple
carriers or co-users and each user shall demonstrate that all usable
space on the existing towers are occupied. A dual lighting system
as identified by FAA regulations shall be required on these towers.
(11)Â
Clubs and lodges.
(12)Â
Temporary structures constructed and placed on
an individual parcel for thirty-one (31) or more days, whether cumulative
or consecutively, per twelve-month period.
(13)Â
Car sales. (See Section 405.150(A))
(14)Â
Pay day and title loan businesses.
(a)Â
New businesses.
(i)Â
Only one (1) pay day/title loan business per five
thousand (5,000) residents over the age of eighteen (18) years based
on the current ten-year census figures.
(b)Â
Existing businesses proposing to relocate.
(i)Â
No pay day/title loan business may locate within
three-fourths (3/4) of one (1) mile or three thousand nine hundred
sixty (3,960) feet of another pay day/title loan, consumer installment/small
loan business including pay day/title loan, consumer installment/small
loan businesses located just outside of the City limits. This applies
to existing stores making application to relocate.
(ii)Â
No pay day/title loan business may locate within
five hundred (500) feet, primary entrance to primary entrance, of
a property used or zoned for residential or educational purposes.
(15)Â
Automotive parking lots and garages.*
(16)Â
All other non-sales tax-producing businesses
not specifically listed above.
(17)Â
Private kindergarten, elementary, secondary,
and collegiate schools.
(18)Â
Vocational/technical schools.
(19)Â
Preschools, nursery, schools and child and adult
day care facilities, per state certification and licensing.
(20)Â
Specialized private schools.
(21)Â
Bar/cocktail lounge.
(22)Â
Consumer installment/small loan businesses.
(a)Â
New businesses:
(i)Â
Only one (1) consumer installment/small loan business
per three thousand (3,000) residents over the age of eighteen (18)
years based on the current ten-year census figures. This includes
existing pay day/title loan businesses that hold a dual license from
the Missouri Division of Finance to operate a consumer installment
loan business.
(ii)Â
No consumer installment/small loan business may
locate within three-fourths (3/4) of one (1) mile or three thousand
nine hundred sixty (3,960) feet of another consumer installment/small
loan, pay day/title loan business including consumer installment/small
loan, pay day/title loan businesses located just outside of the City
limits.
(iii)Â
No consumer installment/small loan business
may locate within five hundred (500) feet, primary entrance to primary
entrance, of a property used or zoned for residential or educational
purposes.
(b)Â
Existing Businesses Proposing To Relocate.
(i)Â
No consumer installment/small loan business may
locate within three-fourths (3/4) of one (1) mile or three thousand
nine hundred sixty (3,960) feet of another consumer installment/small
loan, pay day/title loan business including consumer installment/small
loan, pay day/title loan businesses located just outside of the City
limits.
(ii)Â
No consumer installment/small loan business may
locate within five hundred (500) feet, primary entrance to primary
entrance, of a property used or zoned for residential or educational
purposes.
(23)Â
Tobacco, Nicotine, and other legal substance establishment (See Section 405.150(A)).
(24)Â
Clinic.
(25)Â
Motor vehicle-oriented establishment (MVOE).
(26)Â
Outdoor activities.
(27)Â
Frozen treat stand, seasonal.
[Ord. No. 14.550 (2790), 5-20-2021]
(28)Â
Outdoor entertainment facilities.
[Ord. No. 14.550 (2790), 5-20-2021]
(29)Â
Amusement center/arcade.
[Ord. No. 14.560 (2834), 8-4-2022]
(30)Â
Motor vehicle rental establishment.
[Ord. No. 14.560 (2834), 8-4-2022]
c.Â
Special requirements for conditional use permits.
(1)Â
Any rezoning, planned development permit and/or
conditional use permit request for property along an existing street
shall provide additional right-of-way, if needed, and overall street
improvements as necessary to meet the width requirements set forth
in the subdivision ordinance. When the property is located on only
one (1) side of an existing street or road, one-half (1/2) of the
required right-of-way width and street improvements shall be provided,
measured from the centerline of the right-of-way as originally established.
d.Â
Height Limitations For Structures.
(1)Â
Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure, other than a public utility tower authorized by a conditional use permit, shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure.
(2)Â
The height limitations contained in this Section
do not apply to spires, belfries, cupolas, antennas, water tanks,
ventilators, chimneys, or other appurtenances usually required to
be placed above the roof level and not intended for human occupancy.
(3)Â
Any structure exceeding thirty (30) feet in height
which adjoins property in an "R" Residence District, other than a
public utility tower authorized by a conditional use permit, shall
be set back from such property line in addition a distance of one
(1) foot for every two (2) feet in height above thirty (30) feet.
e.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Lot Dimension.
(a)Â
Every lot or tract of land shall have an area,
exclusive of any area dedicated as a public roadway, comprising not
less than eighteen thousand (18,000) square feet. Every lot or tract
of land shall have a width, measured along a straight line as nearly
parallel as possible to the centerline of the frontage road and averaging
sixty (60) feet distance therefrom, of not less than fifty (50) feet.
(2)Â
Lot Area.
(a)Â
Deleted.
(b)Â
Hospitals shall be situated on tracts of at least
five (5) acres.
(c)Â
Radio, television, and telecommunication transmissions
or relay towers and facilities shall be located on tracts of land
providing at least eighteen thousand (18,000) square feet.
(d)Â
Schools shall be situated on tracts of land providing
areas not less than as set out in the following table:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(e)Â
Specialized private schools may be permitted in
the "C-2" Commercial District under a conditional use permit providing
that they be located on a tract of land containing one (1) acre for
each fifteen (15) pupils, but in no case less than five (5) acres,
nor more than that required by the public school system land area
requirements. Further, no buildings or activity areas should be located
closer than the allowable setback from the property line.
(3)Â
Lot Coverage.
(a)Â
The maximum lot coverage by the structure(s) of
any lot in this district shall be no greater than twenty-five percent
(25%) of the total lot area, or twenty percent (20%) of the total
lot area in the case of lots with multiple floor buildings. On every
lot there shall be a minimum of ten percent (10%) open space in the
form of planted or landscaped land area. This area can include the
placement of required landscape plant material. The required landscape
buffer adjacent to a residential district or use cannot be counted
as part of the minimum ten percent (10%) open space requirement.
(b)Â
In any district, more than one (1) structure housing
a permitted or permissible principal use may be erected on a single
lot, provided that yard and other requirements of this Chapter, including
the lot coverage, shall be met for each structure as though it were
on an individual lot.
(4)Â
Setback Requirements.
(a)Â
No structure other than a permitted directional
or information sign, higher than six (6) feet in height, shall be
erected within fifty (50) feet of any roadway right-of-way line or
road easement.
(i)Â
To encourage parking behind the structure, a structure
may be located within twenty (20) feet of the front property line
provided all parking is at least six (6) feet behind the building.
(b)Â
In the case of corner lots, no structure exceeding
thirty-six (36) inches in height may be erected within the triangular
area bound by the property lines and a line connecting the two (2)
points on the property lines thirty (30) feet from the intersection
of the property lines.
(c)Â
Likewise, in the case of corner lots, no plant
material exceeding a height of thirty-six (36) inches above the elevation
of the street pavement may be planted or maintained within the triangular
area bound by the property lines and a line connecting the two (2)
points on the property lines thirty (30) feet from the intersection
of the property lines.
(d)Â
No structure shall be erected within fifteen (15)
feet of a property line adjoining property in an "R" Residence District.
At a minimum, the fifteen-foot wide setback must be a landscape buffer
and shall meet the following minimum requirements:
(i)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
8 feet on center
|
(ii)Â
Should the Planning Commission find a fence is
needed in addition to the landscape buffer, the following requirements
shall be met:
Minimum height
|
6 feet
|
Sightproofing
|
privacy fence consisting of vinyl or wood
|
(iii)Â
The Planning Commission may require or allow
the use of topographic features or the maintenance of the existing
tree mass of a minimum depth of fifteen (15) feet or as required to
not encroach on existing tree mass drip line in lieu of fences where
such alternatives will achieve comparable effect.
(iv)Â
All buffering shall be established prior to the
issuance of an occupancy permit.
(e)Â
Exceptions To Setback And Yard Requirements. Except
as may otherwise be regulated by the adopted building codes, every
required setback and yard shall remain unobstructed for its required
area and full height, except for the following permitted projections.
Further, in no instance shall the allowable encroachments exceed twenty
percent (20%) of the required area or height.
(i)Â
Roof Eaves. Roof eaves, gutters, cantilevered decks
or balconies shall not project more than three (3) feet beyond the
face of the wall.
(ii)Â
Steps And Architectural Features. Steps, window
sills, belt courses, quoins, keystones, entablatures, rain leaders,
cantilevered chimneys, and similar architectural features shall not
project more than two (2) feet beyond the face of the wall.
(iii)Â
Exterior Stairways And Fire Escapes. Outside
stairways, smoke-proof towers, balconies, fire escapes or other required
elements of a means of egress, ramps not exceeding thirty (30) inches
above finish grade, exclusive of required guards, that are a component
of the required handicap accessible route shall not project more than
four (4) feet beyond the face of the wall.
(5)Â
Open Space/Landscape Plant Material Areas.
(a)Â
The required ten percent (10%) open space for
landscape plant material (not including any buffer strip) and any
other part of a lot area not used for buildings or other structures
or for parking, loading or accessways shall be landscaped as required
below:
Minimum caliper for deciduous trees:
|
3 inches (measured from 6 inches above the ground/finished grade).
See below list of preferred trees
|
Minimum height for coniferous trees:
|
6 feet
|
Minimum size shrub:
|
5 gallon
|
Tree mix:
|
Minimum of 25% evergreen coniferous trees and maximum of 40%
of one tree species.
|
Amount of plant material:
|
Minimum of 4 deciduous canopy trees per 10 parking spaces
|
6 shrubs per 20 linear feet of perimeter building face, all
sides
|
(b)Â
Seventy-five-percent (75%) of the trees must be
placed within the parking area or surrounding the parking area, or
all parking spaces shall be within sixty (60) feet of a deciduous
canopy tree.
(c)Â
Landscape plant material should be installed in
clusters, so as to create a substantial form of landscaping.
(d)Â
Automatic irrigation is required for all landscape
plant material areas.
(e)Â
All landscape plant material that dies will be
replaced promptly. Consideration may be given to the time of year
and in that case an escrow for the replacement amount will be provided
to the City of Arnold to insure replacement happens.
(f)Â
All other areas not planted shall be covered with
sod or a drought-resistant grass that provides full coverage.
(g)Â
List of allowed trees (others will be considered
if proven to be viable in the urban environment):
Large Canopy Trees (mature height of thirty-five (35)
feet or greater) for Parking Lot Shade and Street Tree Planting
|
---|
Patmore Ash
|
Summit Ash
|
Autumn Purple Ash
|
Rosehill Ash
|
Baldcypress
|
Allee Elm
|
Ginkgo (male only)
|
Black Gum
|
Common Hackberry
|
Shademaster Honeylocust
|
Skyline Honeylocust
|
American Linden
|
October Glory Red Maple
|
Red Sunset Maple
|
Sugar Maple
|
Northern Red Oak
|
Pin Oak
|
Sawtooth Oak
|
Shumard Oak
|
White Oak
|
Sugar Hackberry
|
Tuliptree
|
Green Vase Zelkoya
|
Large Canopy Trees (mature height of thirty-five (35)
feet or greater) for Open Space (also includes trees listed for Parking
Lot Shade and Street Tree Planting)
|
---|
European Alder
|
Heritage River Birch
|
Kentucky Coffee tree
|
Shagbark Hickory
|
Redmond Linden
|
Littleaf Linden
|
Pecan
|
Sassafras
|
Sweet gum
|
Small Trees (mature height of thirty-five (35) feet or
less) for Street Tree Planting Under Power Lines
|
---|
Golden Raintree
|
Thornless Cockspur Hawthorn
|
Eastern Redbud
|
Small Trees (mature height of thirty-five (35) feet or
less) for Open Space and for Accent
|
---|
Eastern Redbud
|
Sargent Cherry
|
Crabapple
|
Cornelian Cherry Dogwood
|
Flowering Dogwood
|
Kousa Dogwood
|
Magnolia
|
American Yellow Wood
|
Sourwood
|
Large Evergreen Trees (mature height of twenty-five (25)
feet or greater) for Open Space and Accent
|
---|
American Holly
|
Eastern White Pine
|
Red Pine
|
Eastern Red Cedar
|
Colorado Spruce
|
Norway Spruce
|
Serbian Spruce
|
Small Evergreen Trees (mature height of twenty-five (25)
feet or less) for Buffers, Screening, Open Space and Accent
|
---|
Emerald Arborvitae
|
Nigra Arborvitae
|
Techny Arborvitae
|
Canaert Juniper
|
Gray Gleam Juniper
|
Spartan Juniper
|
Wichita Blue Juniper
|
Hicks Yew
|
Evergreen Shrubs for Screening and Buffers
|
Wintergreen Barberry
|
Green Mountain Boxwood
|
Wintergreen Boxwood
|
Armstrong Juniper
|
Sea Green Juniper
|
Mint Julep Juniper
|
Other trees may be considered if they are proven to be conducive
for an urban environment.
|
(h)Â
Plant Material Not Allowed For Use In City Rights-Of-Way
And Required Planting Areas. The City of Arnold does not allow the
installation of the following tree and plant species for use along
street rights-of-way and in or near parking lots within the City limits
due to maintenance, invasiveness and safety concerns. This list is
not all-inclusive. Coordinate all proposed plant species with the
Community Development Director prior to submittal.
American Elm
|
Black Locust
|
Boxelder
|
Catalpa Tree
|
Cottonwood
|
Ginkgo (female species)
|
Honeysuckle
|
Mimosa
|
Silver Maple
|
Pear Tree Species
|
Persimmon
|
Lombardy Poplar
|
Mulberry
|
White Poplar
|
Sycamore
|
Tree-of-Heaven
|
(i)Â
List Of Allowed Native Shrubs. (Others, including
improved cultivars and varieties, will be considered if proven to
be viable for its intended planting location.)
Allowed Native Shrubs
| |
---|---|
Botanical Name
|
Common Name
|
Amelanchier alnifolia
|
Serviceberry
|
Amorpha canescens
|
Lead Plant
|
Aronia arbutifolia
|
Chokeberry
|
Aronia melanocarpa
|
Black Chokeberry
|
Callicarpa americana
|
American Beautyberry
|
Ceanothus americanus
|
New Jersey Tea
|
Cornus racemosa
|
Grey Dogwood
|
Corylus americana
|
American Hazelnut, American Filbert
|
Dirca palustris
|
Leatherwood
|
Hibiscus lasiocarpos
|
Rose Mallow
|
Hydrangea arborescens
|
Smooth Hydrangea
|
Hypericum hypericoides
|
St. Andrew Cross
|
Hypericum prolificum
|
Shrubby St. John's Wort
|
Ilex decidua
|
Possumhaw
|
Ilex verticillata
|
Winterberry
|
Itea virginica
|
Virginia Sweetspire
|
Physocarpus opulifolius
|
Ninebark
|
Rhododendron prinophyllum
|
Roseshell Azalea
|
Ribes missouriense
|
Missouri Gooseberry
|
Ribes odoratum
|
Clove Currant
|
Rosa Carolina
|
Carolina Rose
|
Sambucus canadensis
|
American Elder, Elderberry
|
Allowed Native Shrubs for Screening
| |
---|---|
Botanical Name
|
Common Name
|
Alnus serrulata
|
Hazel Alder
|
Cephalanthus occidentalis
|
Buttonbush
|
Hamamelis vernalis
|
Ozark Witch Hazel
|
Lindera benzoin
|
Spicebush
|
Quercus prinoides
|
Dwarf Chestnut Oak
|
Rhamnus caroliniana
|
Indian Cherry
|
Rhus copallinum
|
Winged/Flameleaf Sumac
|
Rhus glabra
|
Smooth Sumac
|
Rubus allegheniensis
|
Blackberry
|
Salix humilis
|
Prairie Willow
|
Staphylea trifolia
|
Bladdernut
|
Symphoricarpos orbiculatus
|
Coralberry
|
Viburnum dentatum
|
Arrowwood Viburnum
|
Viburnum lentago
|
Nannyberry Viburnum
|
Viburnum prunifolium
|
Black Haw Viburnum
|
f.Â
Lighting Requirements For Structures, Site, And Landscape Plant
Material.
(1)Â
The style, color, and design of the fixtures shall
be compatible with the overall design and materials for the building.
(2)Â
All lighting shall be shielded such that the source
of illumination (filament, frosted bulb or the reflection of those
from a shiny surface) is not visible from the property line thereby
reducing glare and interference with boundary streets and adjacent
properties. Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
(3)Â
All lighting sources (including, but not limited
to, street, parking lot, security, walkway and building) shall be
downcast and fully shielded with the following exceptions:
(4)Â
Floodlights with external shielding can be deflected
up to twenty-five degrees (25°) from a vertical plane as measured
through the central axis of the light beam from the luminaire, only
if the luminaire does not cause glare or light to shine on adjacent
property or public rights-of-way.
(5)Â
Uplighting for flags, address markers, trees,
architectural features, and low-voltage landscape lighting provided
the luminaire is located, aimed, and shielded so that direct illumination
is focused exclusively on the object and away from adjoining properties
and the public street right-of-way. Architectural features may be
illuminated by uplighting, provided that the light is effectively
contained by the structure. In all cases, uplighting must not cause
glare or light trespass.
(6)Â
All exterior light fixtures (including, but not
limited to, mounted on the building, used for a sign or freestanding)
shall comply with the following regulations:
(7)Â
Temporary (two (2) days or less) high intensity
discharge floodlighting may be used for sports lighting and City sponsored
events provided that the lighting be turned off no later than one
(1) hour after the event is concluded. The fixtures must be aimed
so that their beams are directed and fall within the primary playing
or performance area.
(8)Â
All permanent sports and event lighting shall
be equipped with a glare control package (louvers, shields, or similar
devices) and the fixtures must be aimed so that beams are directed
and fall within the primary playing area and light trespass is minimized.
(9)Â
Projects shall be required to submit a lighting
plan that conforms to the standards outlined herein at the time of
commercial site plan approval, a conditional use permit, or building
permit. The lighting plan and/or specifications shall show:
(a)Â
The type and luminous intensity of each light
source and wattage (e.g. incandescent, halogen, high-pressure sodium);
(b)Â
The type of fixture (e.g., floodlight, full-cutoff,
lantern, coach light);
(c)Â
Fixture location and height of all proposed and
existing freestanding light fixtures;
(d)Â
Shielding and all mounting details;
(e)Â
Manufacturer cut-sheet and/or specification materials
with scaled drawings or photographs including initial lumen rating,
color rendering index, and wattage of each lamp;
g.Â
Access, Trash, Off-Street Parking And Loading Requirements.
(1)Â
Every building hereafter erected or moved shall
be on a lot adjacent to a public street, or with access to an approved
private street, and all structures shall be so located on lots as
to provide safe and convenient access for servicing, fire protection,
and required off-street parking.
(2)Â
Lighting for the parking area shall be located
to safely light the area while keeping the light from trespassing
off onto adjacent property. Light standards shall be no higher than
twenty (20) feet from the finished grade and the light source must
be recessed or covered so that there is no bare bulb showing. (See
Lighting Standards above.)
(3)Â
Trash receptacles shall be located on-site, out
of the path of vehicular and pedestrian circulation, and screened
by a sight-proof fence that matches the material of the primary building.
When a commercial site is adjacent to residential, the trash receptacle
shall not be located adjacent to the residential.
(4)Â
Except as otherwise provided in this Subsection,
the requirements for off-street parking shall be implemented with
regard to the minimum dimensions in the following table:
Parking Dimensions Table
| ||||||
---|---|---|---|---|---|---|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
45°
|
10.0'
|
20.5'
|
12.5'
|
14.2'
|
53.5'
|
46.5'
|
60°
|
10.0'
|
21.0'
|
17.5'
|
11.5'
|
60.5'
|
55.5'
|
90°
|
10.0'
|
19.0'
|
24.0'
|
10.0'
|
62.0'
|
—
|
A
|
=
|
parking angle
|
B
|
=
|
stall width
|
C
|
=
|
stall to curb
|
D*
|
=
|
aisle width
|
E
|
=
|
curb length per car
|
F
|
=
|
curb to curb
|
G
|
=
|
center to center width of double row with aisle between
|
*
|
Additional width may be required where the aisle serves as the
principal means of access to on-site buildings or structures.
|
(5)Â
Parking shall comply with the current Americans
with Disabilities Act.
(6)Â
In the event that the desired angle is not specified
by the above table, the Community Development Department may specify
other equivalent dimensions associated with the desired parking angle
by interpolating from dimensions listed in the table.
(7)Â
A stall dimension of nine (9) feet by eighteen
(18) feet or equivalent may be utilized for off-street parking stalls
provided in excess of the minimum requirements as set forth in this
Subsection when designated for compact car use.
(8)Â
On-site parallel parking stalls shall be ten (10)
feet by twenty-two (22) feet adjacent to a twenty-four (24) foot two-way
lane or fifteen (15) foot one-way lane.
(9)Â
All parking and loading areas, including driveways,
shall be paved. Parking areas must be striped in accordance with the
dimensions specified in the above table.
(10)Â
All areas for off-street parking and loading
shall be so arranged that vehicles at no time shall be required to
back into any street or roadway to gain access thereto, except for
cross access easements on the individual lots.
(11)Â
Off-street parking areas shall provide ingress
and egress to any public right-of-way only at such location as approved
by the Community Development Director.
(12)Â
No unenclosed parking space or loading space
or internal drive, except for ingress or egress drives, shall be closer
to the street right-of-way than fifteen (15) feet. The area within
fifteen (15) feet of the street right-of-way shall be landscaped as
approved by the Planning Commission.
(13)Â
No unenclosed parking or loading space or internal
drive shall be closer than fifteen (15) feet to any adjoining "PS"
Park and Scenic or "R" Residence District. Said parking setbacks shall
be effectively screened.
(14)Â
No off-street parking space required under this
Section shall be used for any other purpose except that all seasonal
sales areas that use designated parking areas shall not utilize more
than ten percent (10%) of the required parking spaces for that property.
(15)Â
Where an addition is made to an existing use
that does not comply with the parking requirements cited for such
use, additional parking should be provided in proportion to the addition.
However, if it is not feasible and so proven by the applicant and
accepted by the Planning Commission, the use may locate in the location.
(16)Â
Where no minimum requirement is specified or
when one (1) or more of the parking requirements may be construed
as applicable to the same use, lot or building, the final determination
of required parking shall be made by the Planning Commission.
(17)Â
All parking spaces required by this Subsection
shall be located on the same parcel of land as the use to be served,
except that parking for one (1) or more uses may be provided on a
separate lot from the use or uses to be served when said separate
lot is within a commercial zoning district and within three hundred
(300) feet of the use or uses to be served, as measured along a pedestrian
pathway.
Parking Space Requirements
| |
---|---|
Use
|
Number of Parking Spaces
|
Apartment
|
2 per dwelling unit
|
Auditoriums, theaters, meeting rooms and places for public assembly
|
1 per 4 seats or 1 for every 50 square feet of gross floor area
when there is no fixed seating
|
Assembly
|
No fixed seating
|
Auto parts store
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Auto sales
|
3Â 1/3 per 1,000 square feet of gross floor area of sales
and showroom area, 3 spaces for every service bay in repair garage
areas, and 1 space for every vehicle used in the operation of this
use or stored on the premises
|
Barber and beauty shops
|
2 per chair
|
Bookstores and card shops
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Car wash, except self-service
|
Reservoir (line-up) parking equal to 5 times the capacity of
the car wash
|
Car wash, self-service
|
Line-up area for each wash stall of sufficient size to accommodate
4 cars
|
Children's amusement parks
|
1 square feet for each square foot of public activity area
|
Churches
|
1 per 4 seats in the main auditorium
|
Cigar/newspaper stands
|
3Â 1/3 spaces per 1,000 square feet of gross floor area
|
Clubs and lodges
|
1 per 4 seats or 1 per 3 members
|
Commercial center/mixed uses
|
5 per 1,000 gross floor area. This includes strip malls
|
Commercial service facilities and retail sales
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Commercial or trade school
|
1 per 3 students plus 1 per employee
|
Commercial vegetable and flower gardening, plant nurseries and
greenhouses
|
2 per 3 employees on the maximum shift, 1 per vehicle customarily
used in the operation of the use or stored on the premises, plus 4
per 1,000 square feet of gross floor area of salesroom
|
Day care centers
|
1 per 6 children; a safe pedestrian walkway system as approved
by the Planning Commission shall be provided through parking areas
to the building entrance, with a safety zone a minimum of 15 feet
in width between parking spaces in front of the building entrance
shall be provided in addition to standard driveway and parking requirements.
|
Equipment sales, service, rental and repair
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Filling stations
|
1 per employee on the maximum shift
|
Financial and similar institutions
|
4 per 1,000 square feet of gross floor area
|
Financial and similar institutions, drive-up facilities
|
Reservoir (line-up) parking equal to 5 times the capacity of
the facility
|
Fishing tackle and bait shops
|
4 per 1,000 square feet of gross floor area
|
Fire stations
|
1 per employee on the maximum shift
|
Food markets, 5,000 square feet gross floor area and over
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Food markets, under 5,000 square feet gross floor area (convenience
store)
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Furniture store, retail
|
3 per 1,000 square feet of gross floor area
|
General offices
|
4 per 1,000 square feet of gross floor area
|
Home improvement centers
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Laundries and dry cleaning pickup
|
4 per 1,000 square feet of gross floor area
|
Libraries' reading rooms
|
5 per 1,000 square feet of gross floor area, 1 per 6 seats in
an accessory auditorium and 2 per 3 employees on the maximum shift
|
Lodging Establishments
|
1 per sleeping unit, 2 per 3 employees on the maximum shift,
plus 1 for every vehicle customarily used in the operation of the
use or stored on the premises
|
Mail order sales
|
1 per employee plus 1 for every vehicle customarily used in
operation of the use or stored on the premises
|
Medical or dental office or clinic
|
5 per 1,000 square feet of gross floor area
|
Mortuaries
|
1 per 5 seats, 10 space minimum
|
Police stations
|
2 per 3 employees on the maximum shift, plus 1 per vehicle customarily
used in the operation of the use or stored on the premises
|
Postal stations
|
4 per customer service station, 2 per 3 employees on the maximum
shift, plus 1 per vehicle customarily used in the operation of the
use or stored on the premises
|
Private clubs
|
1 per 3 members
|
Public buildings
|
1 per employees plus 1 per 4 seats in assembly halls
|
Public utility facilities
|
1 per employee
|
Recreational uses
|
1 per 3 patrons plus 1 per employee
|
Repair services
|
3Â 1/2 per 1,000 square feet of gross floor area
|
Restaurants, bars, cocktail lounges
|
1 per 3 seats plus 2 per 3 employees on the maximum shift
|
Restaurants, fast-food
|
1 per 2 seats plus 2 per 3 employees on the maximum shift, plus
reservoir (line-up) parking equal to 6 times the capacity of drive-through
facilities
|
Small loan businesses
|
4 per 1,000 square feet of gross floor area
|
Veterinary clinics and hospitals
|
4 per doctor plus 1 per additional employee
|
(18)Â
One (1) paved off-street loading space shall
be provided on the premises for each fifteen thousand (15,000) square
feet, or fraction thereof, of gross floor area in every building.
Each such loading space shall measure no less than ten (10) feet by
sixty (60) feet and shall have a height clear of obstructions of fourteen
(14) feet. Sufficient turning radii shall be provided for truck movement
into and out of the property.
h.Â
Specific Prohibitions. Metal used as the primary exterior building
material. Metal may be used as an architectural element.
C.Â
"C-3"
Commercial District.
1.Â
The "C-3" Commercial District of the City of Arnold encompasses areas
wherein may be located such stores and service facilities as will
provide a wide range of those goods and services usually used, consumed
or needed in the home or by individuals. Within this district, it
shall be the purpose of these regulations to facilitate the establishment
of conditions suitable for the operating of business catering to the
general public. This Subsection contains the district regulations
of the "C-3" Commercial District. These regulations are supplemented
and qualified by additional general regulations appearing elsewhere
in this Chapter, which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Stores; shops; service facilities, including automatic
vending facilities; markets; offices; recreational facilities; and
associated work and storage area required to carry on business operations
in which goods and services of any kind are offered for sale or hire
to the general public on the premises.
(2)Â
Public and private libraries.
(3)Â
Churches.
(4)Â
Mortuaries.
(5)Â
Fire stations, postal stations, police stations,
and office buildings for governmental agencies.
(6)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner as to blend with and complement
the character of the surrounding area. All plans for screening said
facilities shall be submitted to the Planning Commission for review.
No building permit or installation permit shall be issued until the
Planning Commission has approved said plans.
(7)Â
Municipal buildings.
(8)Â
Financial institutions.
(9)Â
Restaurant.
(10)Â
Auditoriums and theaters.
(11)Â
Lodging Establishments and customary services
for guests offered by the Lodging Establishment.
(12)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
b.Â
Conditional land use and development permits issued by the Commission under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:
(1)Â
Apartment units in buildings designed for and
occupied primarily for commercial purposes, when open areas for exclusive
use of occupants of such apartments, protectively screened from commercial
activities, are provided on the premises in a ratio of at least one
(1) square foot of open area for each two (2) square feet of floor
area contained in all apartment dwelling units.
(2)Â
Clinics.
(4)Â
Auto filling stations.
(5)Â
Auto repair shops.
(6)Â
Hospitals.
(7)Â
Children's amusement parks.
(8)Â
Animal hospitals and clinics; excluding open kennels
and exercise yards.
(9)Â
Sewage treatment facilities.
(10)Â
All public utility facilities.
(11)Â
Residential or outpatient facilities for the
treatment of alcohol and other drug abuse. Residential or outpatient
facilities for the treatment of alcohol and other drug abuse shall
be limited to ten (10) residents. The use of the facility for a residential
or outpatient facility for the treatment of alcohol and other drug
abuse shall not be transferable upon the change of property ownership.
The residential use of a property used as a residential or outpatient
facility for the treatment of alcohol and other drug abuse shall not
be transferable to the property after the termination of the residential
or outpatient facility for the treatment of alcohol and other drug
abuse.
(12)Â
Radio, television, and telecommunication transmission
or relay towers and facilities, provided that any installation shall
provide a fifteen-foot buffer, a minimum separation between towers
shall be one thousand five hundred (1,500) feet, the maximum height
shall be one hundred ninety-nine (199) feet. Each owner shall provide
multiple carriers or co-users and each user shall demonstrate that
all usable space on the existing towers are occupied. A dual lighting
system as identified by FAA regulations shall be required on these
towers.
(13)Â
Adult businesses shall provide a separation of
a distance not less than one thousand five hundred (1,500) feet from
any property occupied by a public or private school, day care center,
church or place of worship, hospital, public park, any property used
for residential purposes, or other adult business. This distance shall
be measured by a straight line from the nearest points on the property
boundaries of the tract occupied by the adult business to the nearest
point on the property boundary of the tract occupied by one (1) of
the aforementioned uses.
(14)Â
Clubs and lodges.
(15)Â
Non-hazardous research laboratory.
(16)Â
Kennels.
(17)Â
Temporary structures constructed and placed on
an individual parcel for thirty-one (31) or more days, whether cumulative
or consecutively, per twelve-month period.
(18)Â
Car sales. (See Section 405.150(A))
(19)Â
Pay day and title loan businesses.
(a)Â
New Businesses. Only one (1) pay day/title loan
business per five thousand (5,000) residents over the age of eighteen
(18) years based on the current ten-year census figures.
(b)Â
Existing Businesses Proposing To Relocate.
(i)Â
No pay day/title loan business may locate within
three-fourths (3/4) of one (1) mile or three thousand nine hundred
sixty (3,960) feet of another pay day/title loan, consumer installment/small
loan business including pay day/title loan, consumer installment/small
loan businesses located just outside of the City limits. This applies
to existing stores making application to relocate.
(ii)Â
No pay day/title loan business may locate within
five hundred (500) feet, primary entrance to primary entrance, of
a property used or zoned for residential or educational purposes.
(20)Â
Public or private kindergarten, elementary, secondary
and collegiate schools.
(21)Â
Nursery schools and day nurseries.
(22)Â
Public and private not-for-profit parks, parkways,
and playgrounds.
(23)Â
Vocational, trade, technical schools and colleges.
(24)Â
Automotive parking lots and garages, including
any storage of wrecked or otherwise damaged and immobilized automotive
vehicles under the following provisions:
(a)Â
The maximum time an abandoned/damaged vehicle
can be stored on a parking lot is sixty (60) days.
(b)Â
Screening shall be provided for vehicles having
to be stored over ten (10) days.
(c)Â
All used/discarded parts shall be stored in an
enclosed and screened area, said storage shall be located on the side
or at the rear of the building.
(d)Â
No vehicles shall be stored in a screened area
over a ninety-day period.
(e)Â
A record/log shall be maintained by the business
owner for all vehicles which are being stored.
(25)Â
Bar/cocktail lounge.
(26)Â
Consumer installment/small loan businesses.
(a)Â
New Businesses.
(i)Â
Only one (1) consumer installment/small loan business
per three thousand (3,000) residents over the age of eighteen (18)
years based on the current ten-year census figures. This includes
existing pay day/title loan businesses that hold a dual license from
the Missouri Division of Finance to operate a consumer installment
loan business.
(ii)Â
No consumer installment/small loan business may
locate within three-fourths (3/4) of one (1) mile or three thousand
nine hundred sixty (3,960) feet of another consumer installment/small
loan, pay day/title loan business including consumer installment/small
loan, pay day/title loan businesses located just outside of the City
limits.
(iii)Â
No consumer installment/small loan business
may locate within five hundred (500) feet, primary entrance to primary
entrance, of a property used or zoned for residential or educational
purposes.
(b)Â
Existing Businesses Proposing To Relocate.
(i)Â
No consumer installment/small loan business may
locate within three-fourths (3/4) of one (1) mile or three thousand
nine hundred sixty (3,960) feet of another consumer installment/small
loan, pay day/title loan business including consumer installment/small
loan, pay day/title loan businesses located just outside of the City
limits.
(ii)Â
No consumer installment/small loan business may
locate within five hundred (500) feet, primary entrance to primary
entrance, of a property used or zoned for residential or educational
purposes.
(27)Â
Extended Stay Lodging Establishment, including accessory dining
rooms, lounges, meeting rooms and retail shops, provided that:
(a)Â
There shall be a minimum lot area of two and one-half (2 1/2)
acres;
(b)Â
The maximum area developed with buildings, off-street parking
and loading areas and recreational facilities shall not exceed sixty
percent (60%) of the lot area; and
(c)Â
There shall be a minimum of fifty (50) foot green space adjacent
on interior lot lines to property in any "R" District or occupied
by dwelling units or manufactured home parks which green space shall
be bermed and landscaped so as to afford a visual screen between the
lodging establishment development and the lot line.
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
(28)Â
Tobacco, Nicotine, and Other Legal Substance Establishment (See Section 405.150(A)).
(29)Â
Medical Marijuana Dispensary Facilities (See Section 405.150(A)).
(30)Â
Motor vehicle-oriented establishment (MVOE).
(31)Â
Outdoor activities.
(32)Â
Frozen treat stand, seasonal.
[Ord. No. 14.550 (2790), 5-20-2021]
(33)Â
Outdoor entertainment facilities.
[Ord. No. 14.550 (2790), 5-20-2021]
(34)Â
Amusement center/arcade.
[Ord. No. 14.560 (2834), 8-4-2022]
(35)Â
Motor vehicle rental establishment.
[Ord. No. 14.560 (2834), 8-4-2022]
(36)Â
Comprehensive marijuana dispensary facilities [See Section 405.150(A)].
[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]
(37)Â
Microbusiness dispensary facilities [See Section 405.150(A)].
[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]
c.Â
Special Requirements For Conditional Use. Any rezoning, planned
development permit and/or conditional use permit request for property
along an existing street shall provide additional right-of-way and
overall street improvements as necessary to meet the width requirements
set forth in the subdivision ordinance. When the property is located
on only one (1) side of an existing street or road, one-half (1/2)
of the required right-of-way width and street improvements shall be
provided, measured from the centerline of the right-of-way as originally
established.
d.Â
Height Limitations For Structures.
(1)Â
Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure. The total height may exceed the fifty-foot limit if authorized by a conditional use permit including public utility towers.
(2)Â
Exceptions To Height Regulations. The height limitations
contained in this Section and the Schedule of District Regulations
do not apply to spires, belfries, cupolas, antennas, water tanks,
ventilators, chimneys, or other appurtenances usually required to
be placed above the roof level and not intended for human occupancy.
(3)Â
Any structure exceeding thirty (30) feet in height
which adjoins property in an "R" Residence District, other than a
public utility tower authorized by a conditional use permit, shall
be set back from such property line in addition a distance of one
(1) foot for every two (2) feet in height above thirty (30) feet.
e.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
Lot Dimensions.
(a)Â
Every lot or tract of land shall have a width,
measured along a straight line as nearly parallel as possible to the
centerline of the frontage road and averaging sixty (60) feet distance
therefrom, of not less than fifty (50) feet.
(2)Â
Lot Coverage.
(a)Â
The maximum lot coverage by the structure(s) of
any lot in this district shall be no greater than twenty-five percent
(25%) of the total lot area, or twenty percent (20%) of the total
lot area in the case of lots with multiple floor buildings. There
shall be a minimum of fifteen percent (15%) open space* in the form
of landscape plant material.
(3)Â
Erection Of More Than One Principal Structure On
A Lot.
(a)Â
In any district, more than one (1) structure housing
a permitted or permissible principal use may be erected on a single
lot, provided that yard and other requirements of this Chapter shall
be met for each structure as though it were on an individual lot.
(4)Â
Lot Area Requirements.
(a)Â
Deleted.
(b)Â
Hospitals shall be situated on tracts of land
at least five (5) acres in area.
(c)Â
Residential or outpatient facilities for the treatment
of alcohol and other drug abuse shall be situated on tracts of land
at least one (1) acre in area. The maximum coverage for building area
of a lot shall be twenty percent (20%) of the total lot area.
(d)Â
Radio, television, and telecommunication transmissions
or relay towers and facilities shall be located on tracts of land
providing at least fifteen thousand (15,000) square feet.
(e)Â
Schools/educational facilities:
Type of School
|
Minimum Acreage
|
---|---|
Nursery or day nursery
|
21,780 square feet
|
Kindergarten (separate)
|
1 acre
|
Primary
|
5 acres
|
Junior High
|
10 acres
|
Senior High
|
20 acres
|
Collegiate
|
10 acres
|
(f)Â
Specialized private schools may be permitted under
a conditional use permit providing that they be located on a tract
of land containing one (1) acre for each fifteen (15) pupils or fraction
thereof, but in no case less than five (5) acres. Further, no buildings
or activity areas should be located closer than the allowable setback
from the property line.
(5)Â
Setback Requirements.
(a)Â
To encourage parking behind the structure, a structure
may be located within twenty (20) feet of the front property line
provided all parking is at least six (6) feet behind the building.
(b)Â
No structure other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within fifty (50) feet of any
roadway right-of-way line or road easement.
(c)Â
In the case of corner lots, no structure exceeding
thirty-six (36) inches in height may be erected within the triangular
area bound by the property lines and a line connecting the two (2)
points on the property lines thirty (30) feet from the intersection
of the property lines.
(d)Â
Likewise, in the case of corner lots, no plant
material exceeding a height of thirty-six (36) inches above the elevation
of the street pavement may be planted or maintained within the triangular
area bound by the property lines and a line connecting the two (2)
points on the property lines thirty (30) feet from the intersection
of the property lines.
(e)Â
Exceptions To Setback And Yard Requirements. Except
as may otherwise be regulated by the adopted building codes, every
required setback and yard shall remain unobstructed for its required
area and full height, except for the following permitted projections.
Further, in no instance shall the allowable encroachments exceed twenty
percent (20%) of the required area or height.
(i)Â
Roof Eaves. Roof eaves, gutters, cantilevered decks
or balconies shall not project more than three (3) feet beyond the
face of the wall.
(ii)Â
Steps And Architectural Features. Steps, window
sills, belt courses, quoins, keystones, entablatures, rain leaders,
cantilevered chimneys, and similar architectural features shall not
project more than six (6) feet beyond the face of the wall, cantilevered
bay windows shall not be included.
(iii)Â
Exterior Stairways And Fire Escapes. Outside
stairways, smoke-proof towers, balconies, fire escapes or other required
elements of a means of egress, and ramps not exceeding thirty (30)
inches above finish grade, exclusive of required Americans with Disabilities
requirements, shall not project more than four (4) feet beyond the
face of the wall.
(f)Â
No structure shall be erected within fifteen (15)
feet of a property line adjoining property in an "R" Residence District.
(g)Â
Erection Of More Than One (1) Principal Structure
On A Lot. In any district, more than one (1) structure housing a permitted
or permissible principal use may be erected on a single lot, if yard
and other requirements of this Chapter shall be met for each structure
as though it were on an individual lot.
(h)Â
No structure shall be erected within fifteen (15)
feet of a property line adjoining property in an "R" Residence District.
At a minimum, the fifteen-foot wide setback must be a landscape buffer
and shall meet the following minimum requirements:
(i)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
6 feet on center
|
(ii)Â
Should the Planning Commission find a fence is
needed in addition to the landscape buffer, the following requirements
shall be met:
Minimum height
|
6 feet
|
Sightproofing
|
Privacy fence consisting of vinyl or wood or other materials
approved by the Planning Commission
|
(iii)Â
The Planning Commission may require or allow
the use of topographic features or the maintenance of the existing
tree mass of a minimum depth of fifteen (15) feet or as required to
not encroach on existing tree mass drip line in lieu of fences where
such alternatives will achieve comparable effect.
(iv)Â
All buffering shall be established prior to the
issuance of an occupancy permit.
(6)Â
Open Space/Landscape Plant Material Areas.
(a)Â
The required fifteen percent (15%) open space
for landscape plant material (not including any buffer strip) and
any other part of a lot area not used for buildings or other structures
or for parking, loading, or accessways shall be landscaped as required
below:
Minimum caliper for deciduous trees:
|
3 inches (measured from 6 inches above the ground/finished grade).
See below list of preferred trees
|
Minimum height for coniferous trees:
|
6 feet Minimum size shrub: 5 gallon
|
Tree mix:
|
Minimum of 25% evergreen coniferous trees and maximum of 40%
of one tree species.
|
Amount of plant material:
|
Minimum of 4 deciduous canopy trees per 10 parking spaces
|
6 shrubs per 20 linear feet of perimeter building face, all
sides
|
(b)Â
Seventy-five percent (75%) of the trees must be
placed within the parking area or surrounding the parking area. All
parking spaces shall be within sixty (60) feet of a deciduous canopy
tree.
(c)Â
Landscape plant material should be installed in
clusters to create a substantial form of landscaping.
(d)Â
Automatic irrigation is required for all landscape
plant material areas.
(e)Â
All landscape plant material that dies will be
replaced promptly. Consideration may be given to the time of year
and in that case an escrow for the replacement amount will be provided
to the City of Arnold to insure replacement happens.
(f)Â
All other areas not planted shall be covered with
native grasses, a drought-resistant grass or sod that provides full
coverage.
(g)Â
The Leadership in Energy and Environmental Design
(L.E.E.D.) certified landscape provision of no irrigation or use of
potable water will be allowed as a replacement of item (d) above.
(h)Â
List of allowed trees (others will be considered
if proven to be viable in the urban environment):
Large Canopy Trees (mature height of thirty-five (35)
feet or greater) for Parking Lot Shade and Street Tree Planting
| |
---|---|
Baldcypress
|
Sugar Maple
|
Allee Elm
|
Northern Red Oak
|
Ginkgo (male only)
|
Pin Oak
|
Black Gum
|
Sawtooth Oak
|
Common Hackberry
|
Shumard Oak
|
Shademaster Honeylocust
|
White Oak
|
Skyline Honeylocust
|
Sugar Hackberry
|
American Linden
|
Tuliptree
|
October Glory Red Maple
|
Green Vase Zelkova
|
Red Sunset Maple
|
Large Canopy Trees (mature height of thirty-five (35)
feet or greater) for Open Space (also includes trees listed for Parking
Lot Shade and Street Tree Planting)
| |
---|---|
European Alder
|
Littleaf Linden
|
Heritage River Birch
|
Pecan
|
Kentucky Coffee tree
|
Sassafras
|
Shagbark Hickory
|
Sweet Gum
|
Redmond Linden
|
Small Trees (mature height of thirty-five (35) feet or
less) for Street Tree Planting Under Power Lines
|
---|
Golden raintree
|
Thornless Cockspur Hawthorn
|
Eastern Redbud
|
Small Trees (mature height of thirty-five (35) feet or
less) for Open Space and for Accent
| |
---|---|
Eastern Redbud
|
Kousa Dogwood
|
Sargent Cherry
|
Magnolia
|
Crabapple
|
American Yellow wood
|
Cornelian Cherry Dogwood
|
Sourwood
|
Flowering Dogwood
|
Large Evergreen Trees (mature height of twenty-five (25)
feet or greater) for Open Space and Accent
| |
---|---|
American Holly
|
Colorado Spruce
|
Eastern White Pine
|
Norway Spruce
|
Red Pine
|
Serbian Spruce
|
Eastern Red Cedar
|
Small Evergreen Trees (mature height of twenty-five (25)
feet or less) for Buffers, Screening, Open Space and Accent
| |
---|---|
Emerald Arborvitae
|
Gray Gleam Juniper
|
Nigra Arborvitae
|
Spartan Juniper
|
Techny Arborvitae
|
Wichita Blue Juniper
|
Canaert Juniper
|
Hicks Yew
|
Evergreen Shrubs for Screening and Buffers
| |
---|---|
Wintergreen Barberry
|
Green Mountain Boxwood
|
Wintergreen Boxwood
|
Sea Green Juniper
|
Armstrong Juniper
|
Mint Julep Juniper
|
Other trees and shrubs may be considered if they are proven
conducive for an urban environment.
|
(i)Â
Plant Material Not Allowed For Use In City Rights-Of-Way,
Plantings Adjacent To City Rights-Of-Way, And Required Planting Areas.
The City of Arnold does not allow the installation of the following
tree and plant species for use along street rights-of-way and in or
near parking lots within the City limits due to maintenance, invasiveness
and safety concerns. This list is not all-inclusive. Coordinate all
proposed plant species with the Community Development Director prior
to submittal.
Patmore Ash
|
Honeysuckle
|
Summit Ash
|
Mimosa
|
Autumn Purple Ash
|
Silver Maple
|
Rosehill Ash
|
Pear Tree Species
|
American Elm
|
Persimmon
|
Black Locust
|
Lombardy Poplar
|
Boxelder
|
Mulberry
|
Catalpa Tree
|
White Poplar
|
Cottonwood
|
Sycamore
|
Ginkgo (female species)
|
Tree-of-Heaven
|
(j)Â
List Of Allowed Native Shrubs. (Others, including
improved cultivars and varieties, will be considered if proven to
be viable for its intended planting location.)
Allowed Native Shrubs
| |
---|---|
Botanical Name
|
Common Name
|
Amelanchier alnifolia
|
Serviceberry
|
Amorpha canescens
|
Lead Plant
|
Aronia arbutifolia
|
Chokeberry
|
Aronia melanocarpa
|
Black Chokeberry
|
Callicarpa americana
|
American Beautyberry
|
Ceanothus americanus
|
New Jersey Tea
|
Cornus racemosa
|
Grey Dogwood
|
Corylus americana
|
American Hazelnut, American Filbert
|
Dirca palustris
|
Leatherwood
|
Hibiscus lasiocarpos
|
Rose Mallow
|
Hydrangea arborescens
|
Smooth Hydrangea
|
Hypericum hypericoides
|
St. Andrew Cross
|
Hypericum prolificum
|
Shrubby St. John's Wort
|
Ilex decidua
|
Possumhaw
|
Ilex verticillata
|
Winterberry
|
Itea virginica
|
Virginia Sweetspire
|
Physocarpus opulifolius
|
Ninebark
|
Rhododendron prinophyllum
|
Roseshell Azalea
|
Ribes missouriense
|
Missouri Gooseberry
|
Ribes odoratum
|
Clove Currant
|
Rosa Carolina
|
Carolina Rose
|
Sambucus canadensis
|
American Elder, Elderberry
|
Allowed Native Shrubs for Screening
| |
---|---|
Botanical Name
|
Common Name
|
Alnus serrulata
|
Hazel Alder
|
Cephalanthus occidentalis
|
Buttonbush
|
Hamamelis vernalis
|
Ozark Witch Hazel
|
Lindera benzoin
|
Spicebush
|
Quercus prinoides
|
Dwarf Chestnut Oak
|
Rhamnus caroliniana
|
Indian Cherry
|
Rhus copallinum
|
Winged/Flameleaf Sumac
|
Rhus glabra
|
Smooth Sumac
|
Rubus allegheniensis
|
Blackberry
|
Salix humilis
|
Prairie Willow
|
Staphylea trifolia
|
Bladdernut
|
Symphoricarpos orbiculatus
|
Coralberry
|
Viburnum dentatum
|
Arrowwood Viburnum
|
Viburnum lentago
|
Nannyberry Viburnum
|
Viburnum prunifolium
|
Black Haw Viburnum
|
f.Â
Lighting Requirements For Structures, Site, And Landscape Plant
Material.
(1)Â
The style, color, and design of the fixtures shall
be compatible with the overall design and materials for the building.
(2)Â
All lighting shall be shielded such that the source
of illumination (filament, frosted bulb or the reflection of those
from a shiny surface) is not visible from the property line thereby
reducing glare and interference with boundary streets and adjacent
properties. Light fixtures near adjacent property may require special
shielding devices to prevent light trespass.
(3)Â
All lighting sources (including, but not limited
to, street, parking lot, security, walkway and building) shall be
downcast and fully shielded with the following exceptions:
(4)Â
Floodlights with external shielding can be deflected
up to twenty-five degrees (25°) from a vertical plane as measured
through the central axis of the light beam from the luminaire, only
if the luminaire does not cause glare or light to shine on adjacent
property or public rights-of-way.
(5)Â
Uplighting for flags, address markers, trees,
architectural features, and low-voltage landscape lighting provided
the luminaire is located, aimed, and shielded so that direct illumination
is focused exclusively on the object and away from adjoining properties
and the public street right-of-way. Architectural features may be
illuminated by uplighting, provided that the light is effectively
contained by the structure. In all cases, uplighting must not cause
glare or light trespass.
(6)Â
All exterior light fixtures (including, but not
limited to, mounted on the building, used for a sign or freestanding)
shall comply with the following regulations:
(7)Â
Temporary (two (2) days or less) high intensity
discharge floodlighting may be used for sports lighting and City-sponsored
events provided that the lighting be turned off no later than one
(1) hour after the event is concluded. The fixtures must be aimed
so that their beams are directed and fall within the primary playing
or performance area.
(8)Â
All permanent sports and event lighting shall
be equipped with a glare control package (louvers, shields, or similar
devices) and the fixtures must be aimed so that beams are directed
and fall within the primary playing area and light trespass is minimized.
(9)Â
Projects shall be required to submit a lighting
plan that conforms to the standards outlined herein at the time of
commercial site plan approval, a conditional use permit, or building
permit. The lighting plan and/or specifications shall show:
(a)Â
The type and luminous intensity of each light
source and wattage (e.g., incandescent, halogen, high-pressure sodium);
(b)Â
The type of fixture (e.g. floodlight, full-cutoff,
lantern, coach light);
(c)Â
Fixture location and height of all proposed and
existing freestanding light fixtures;
(d)Â
Shielding and all mounting details;
(e)Â
Manufacturer cut-sheet and/or specification materials
with scaled drawings or photographs including: initial lumen rating,
color rendering index, and wattage of each lamp;
g.Â
Access, Trash, Off-Street Parking And Loading Requirements.
(1)Â
Every building hereafter erected or moved shall
be on a lot adjacent to a public street, or with access to an approved
private street, and all structures shall be so located on lots as
to provide safe and convenient access for servicing, fire protection,
and required off-street parking.
(2)Â
Every development shall provide for safe pedestrian
circulation that removes them from the vehicular traffic. This includes
providing sidewalks internally through the site and connecting to
and along abutting right-of-way and/or interior access drives. This
can include the below example, raised pedestrian walks through the
parking lots, or similar technique in order to separate pedestrian
and vehicular traffic.
(3)Â
Lighting for the parking area shall be located
to safely light the area while keeping the light from trespassing
off onto adjacent property. Light standards shall be no higher then
twenty (20) feet from the finished grade and the light source must
be recessed or covered so that there is no bare bulb showing. (See
Lighting Standards above.)
(4)Â
Light poles at the end of parking rows must be
properly protected.
(5)Â
Trash receptacles shall be located on-site, out
of the path of vehicular and pedestrian circulation, and screened
by a sight-proof fence that matches the material of the primary building.
When a commercial site is adjacent to residential, the trash receptacle
shall not be located adjacent to the residential.
(6)Â
Except as otherwise provided in this Subsection,
the requirements for off-street parking shall be implemented with
regard to the minimum dimensions in the following table:
Parking Dimensions Table
(in feet)
| ||||||
---|---|---|---|---|---|---|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
45°
|
10.0'
|
20.5'
|
12.5'
|
14.2'
|
53.5'
|
46.5'
|
60°
|
10.0'
|
21.0'
|
17.5'
|
11.5'
|
60.5'
|
55.5'
|
90°
|
10.0'
|
19.0'
|
24.0'
|
10.0'
|
62.0'
|
—
|
A
|
=
|
parking angle
|
B
|
=
|
stall width
|
C
|
=
|
stall to curb
|
D*
|
=
|
aisle width
|
E
|
=
|
curb length per car
|
F
|
=
|
curb to curb
|
G
|
=
|
center to center width of double row with aisle between
|
*
|
Additional width may be required where the aisle serves as the
principal means of access to on-site buildings or structures.
|
(7)Â
Parking shall comply with the current Americans
with Disabilities Act.
(8)Â
In the event that the desired angle is not specified
by the above table, the Community Development Department may specify
other equivalent dimensions associated with the desired parking angle
by interpolating from dimensions listed in the table.
(9)Â
A stall dimension of nine (9) feet by eighteen
(18) feet or equivalent may be utilized for off-street parking stalls
provided in excess of the minimum requirements as set forth in this
Subsection when designated for compact car use.
(10)Â
On-site parallel parking stalls shall be ten
(10) feet by twenty-two (22) feet adjacent to a twenty-four (24) feet
two-way lane or fifteen (15) feet one-way lane.
(11)Â
All parking and loading areas, including driveways,
shall be paved. Parking areas must be striped in accordance with the
dimensions specified in the above table.
(12)Â
All areas for off-street parking and loading
shall be so arranged that vehicles at no time shall be required to
back into any street or roadway to gain access thereto, except for
cross access easements on the individual lots.
(13)Â
Off-street parking areas shall provide ingress
and egress to any public right-of-way only at such location as approved
by the Community Development Director.
(14)Â
No unenclosed parking space or loading space
or internal drive, except for ingress or egress drives, shall be closer
to the street right-of-way than fifteen (15) feet. The area within
fifteen (15) feet of the street right-of-way shall be landscaped as
approved by the Planning Commission.
(15)Â
No unenclosed parking or loading space or internal
drive shall be closer than fifteen (15) feet to any adjoining "PS"
Park and Scenic or "R" Residence District. Said parking setbacks shall
be effectively screened.
(16)Â
No off-street parking space required under this
Section shall be used for any other purpose except that all seasonal
sales areas that use designated parking areas shall not utilize more
than ten percent (10%) of the required parking spaces for that property.
(17)Â
Where an addition is made to an existing use
that does not comply with the parking requirements cited for such
use, additional parking should be provided in proportion to the addition.
However, if it is not feasible and so proven by the applicant and
accepted by the Planning Commission, the use may locate in the location.
(18)Â
Where no minimum requirement is specified or
when one (1) or more of the parking requirements may be construed
as applicable to the same use, lot or building, the final determination
of required parking shall be made by the Planning Commission.
(19)Â
All parking spaces required by this Subsection
shall be located on the same parcel of land as the use to be served,
except that parking for one (1) or more uses may be provided on a
separate lot from the use or uses to be served when said separate
lot is within a commercial zoning district and within three hundred
(300) feet of the use or uses to be served, as measured along a pedestrian
pathway.
(20)Â
Joint or remote parking areas provided in accordance
with this paragraph shall be comprised of a minimum of twenty (20)
stalls.
(21)Â
The minimum number of parking spaces provided
on the same premises shall be as designated by use in the following
table:
Parking Space Requirements
| |
---|---|
Use
|
Number of Parking Spaces
|
Apartment
|
2 per dwelling unit
|
Auditoriums, theaters, meeting rooms and places for public assembly
|
1 per 4 seats or 1 for every 50 square feet of gross floor area
when there is no fixed seating
|
Auto parts store
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Auto repair, general
|
1 space for every employee on the maximum shift, plus 3 spaces
for every service bay, plus 1 space for every vehicle customarily
used in operation of the use
|
Automotive repair, body and paint
|
4 spaces plus 1 space for every employee on the maximum shift,
plus 1 space for every vehicle customarily used in operation of the
use, all exclusive of screened outdoor storage areas as otherwise
authorized by CUP
|
Auto sales
|
3Â 1/3 per 1,000 square feet of gross floor area of sales
and showroom area, 3 spaces for every service bay in repair garage
areas, and 1 space for every vehicle used in the operation of this
use or stored on the premises
|
Barber and beauty shops
|
2 per chair
|
Bookstores and card shops
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Car wash, except self-service
|
Reservoir (line-up) parking equal to 5 times the capacity of
the car wash
|
Car wash, self-service
|
Line-up area for each wash stall of sufficient size to accommodate
4 cars
|
Children's amusement parks
|
1 square feet for each square feet of public activity area
|
Churches
|
1 per 4 seats in the main auditorium
|
Cigar/newspaper stands
|
3Â 1/3 spaces per 1,000 square feet of gross floor area
|
Clubs and lodges
|
1 per 4 seats or 1 per 3 members
|
Commercial center/mixed uses
|
5 per 1,000 gross floor area. This includes strip malls
|
Commercial service facilities and retail sales
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Commercial or trade school
|
1 per 3 students plus 1 per employee
|
Commercial vegetable and flower gardening, plant nurseries and
greenhouses
|
2 per 3 employees on the maximum shift, 1 per vehicle customarily
used in the operation of the use or stored on the premises, plus 4
per 1,000 square feet of gross floor area of salesroom
|
Day care centers
|
1 per 6 children; a safe pedestrian walkway system as approved
by the Planning Commission shall be provided through parking areas
to the building entrance, with a safety zone a minimum of 15 feet
in width between parking spaces in front of the building entrance
shall be provided in addition to standard driveway and parking requirements.
|
Equipment sales, service, rental and repair
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Filling stations
|
1 per employee on the maximum shift
|
Financial and similar institutions
|
4 per 1,000 square feet of gross floor area
|
Financial and similar institutions, drive-up facilities
|
Reservoir (line-up) parking equal to 5 times the capacity of
the facility
|
Fishing tackle and bait shops
|
4 per 1,000 square feet of gross floor area
|
Fire stations
|
1 per employee on the maximum shift
|
Food markets, 5,000 square feet gross floor area and over
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Food markets, under 5,000 square feet gross floor area (convenience
store)
|
3Â 1/3 per 1,000 square feet of gross floor area
|
Furniture store, retail
|
3 per 1,000 square feet of gross floor area
|
General offices
|
4 per 1,000 square feet of gross floor area
|
Home improvement centers
|
4Â 1/2 per 1,000 square feet of gross floor area
|
Laundries and dry cleaning pickup
|
4 per 1,000 square feet of gross floor area
|
Libraries' reading rooms
|
5 per 1,000 square feet of gross floor area, 1 per 6 seats in
an accessory auditorium and 2 per 3 employees on the maximum shift
|
Lodging Establishments
|
1 per sleeping unit, 2 per 3 employees on the maximum shift,
plus 1 for every vehicle customarily used in the operation of the
use or stored on the premises
|
Mail order sales
|
1 per employee plus 1 for every vehicle customarily used in
operation of the use or stored on the premises
|
Medical or dental office or clinic
|
5 per 1,000 square feet of gross floor area
|
Mortuaries
|
1 per 5 seats, 10 space minimum
|
Police stations
|
2 per 3 employees on the maximum shift, plus 1 per vehicle customarily
used in the operation of the use or stored on the premises
|
Postal stations
|
4 per customer service station, 2 per 3 employees on the maximum
shift, plus 1 per vehicle customarily used in the operation of the
use or stored on the premises
|
Private clubs
|
1 per 3 members
|
Public buildings
|
1 per employee plus 1 per 4 seats in assembly halls
|
Public utility facilities
|
1 per employee
|
Recreational uses
|
1 per 3 patrons plus 1 per employee
|
Repair services
|
3Â 1/2 per 1,000 square feet of gross floor area
|
Restaurants, bars, cocktail lounges
|
1 per 3 seats plus 2 per 3 employees on the maximum shift
|
Restaurants, fast-food
|
1 per 2 seats plus 2 per 3 employees on the maximum shift, plus
reservoir (line-up) parking equal to 6 times the capacity of drive-through
facilities
|
Small loan businesses
|
4 per 1,000 square feet of gross floor area
|
Veterinary clinics and hospitals
|
4 per doctor plus 1 per additional employee
|
(22)Â
One (1) paved off-street loading space shall
be provided on the premises for each fifteen thousand (15,000) square
feet, or fraction thereof, of gross floor area in every building.
Each such loading space shall measure no less than ten (10) feet by
sixty (60) feet and shall have a height clear of obstructions of fourteen
(14) feet. Sufficient turning radii shall be provided for truck movement
into and out of the property.
h.Â
Specific Prohibitions. Metal used as the primary exterior building
material. Metal may be used as an architectural element.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
"M-1"
Industrial District.
1.Â
The "M-1" Industrial District of the City of Arnold encompasses industrial
areas wherein may be achieved a satisfactory correlation of factors
such as adequate transportation facilities, accessibility to dwelling
areas, efficient land assembly, adequate topographic conditions, and
adequate provision of public utility live facilities required by industry.
Within this district, it is the purpose of these regulations to facilitate
the establishment of industrial areas so that economic production,
distribution and sale of goods manufactured in the community are not
placed at a disadvantage with respect to regional and national competition.
This Subsection contains the district regulations of the "M-1" Industrial
District. These regulations are supplemented and qualified by additional
general regulations appearing elsewhere in this Chapter which are
incorporated as part of this Subsection by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Manufacturing or fabrication of any commodity
from semi-finished materials, except explosives or flammable gases
or liquids.
(2)Â
Warehousing, or wholesaling of manufactured goods,
except that live animals, explosives or flammable gases or liquids
shall require a conditional use permit issued by the Planning Commission.
(3)Â
Laundries and dry cleaning plants, not including
personal and individual drop-off and pickup service.
(4)Â
All public utility facilities.
(5)Â
Mobile food vehicles.
[Ord. No. 14.550 (2790), 5-20-2021]
(6)Â
Police, fire and postal stations.
(7)Â
Deleted.
(8)Â
Deleted.
(9)Â
Deleted.
(10)Â
Deleted.
(11)Â
Public or private offices or office buildings.
(12)Â
Gymnasiums, indoor swimming pools, indoor public
or private handball and racquetball courts, and indoor and unlighted
outdoor public or private tennis courts.
(13)Â
Churches.
(14)Â
Municipal buildings and government agencies.
(15)Â
Medical Marijuana Entities, except dispensaries (See Section 405.150(A)).
(16)Â
Restaurant.
(17)Â
Financial institution.
(18)Â
Pharmacy.
(19)Â
Laundry or dry cleaning pickup station or self-service
laundry or dry cleaning facility.
(20)Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
(21)Â
Motor vehicle rental establishment.
[Ord. No. 14.560 (2834), 8-4-2022]
(22)Â
Heavy vehicle rental establishment.
[Ord. No. 14.560 (2834), 8-4-2022]
(23)Â
Marijuana facilities, except dispensaries [See Section 405.150(A)].
[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]
b.Â
Conditional land use and development permits issued by the Commission, under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:
(1)Â
Radio, television, and telecommunication transmission
or relay towers and facilities, provided that any installation shall
provide a fifteen-foot buffer, a minimum separation between towers
shall be fifteen hundred (1,500) feet, the maximum height shall be
one hundred ninety-nine (199) feet. Each tower shall provide multiple
carriers or co-users and each user shall demonstrate that all usable
space on the existing towers are occupied. A dual lighting system
as identified by FAA regulations shall be required on these towers.
(3)Â
Filling stations.
(4)Â
Manufacturing of explosives and flammable gases
and liquids.
(5)Â
Warehousing, storage, or wholesaling of live animals,
explosives, or flammable gases and liquids.
(6)Â
Airports, landing strips and heliports.
(7)Â
Sewage treatment facilities.
(8)Â
Research laboratories and facilities.
(9)Â
Truck, fire, rail and watercraft terminals.
(10)Â
Railroad switching yards.
(11)Â
Mini storage buildings.
(12)Â
Temporary structures constructed and placed on
an individual parcel for thirty-one (31) or more days, whether cumulative
or consecutively, per twelve-month period.
(13)Â
Athletic fields and golf courses.
(14)Â
Car sales. (See Section 405.150(A))
(15)Â
Clinic.
(16)Â
Motor vehicle-oriented establishment (MVOE).
(17)Â
Outdoor activities.
c.Â
Height Limitations For Structures.
(1)Â
Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that radio, television, public utility and communication towers may be erected to any height not in conflict with the application of the limits of Section 405.050(B).
d.Â
Performance Standards.
(1)Â
All uses in the "M-1" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 405.150(B).
e.Â
Lot Area, Open Area, And Yard Requirements.
(1)Â
There shall be no minimum lot area requirements
in this district.
(2)Â
Not more than forty percent (40%) of the lot containing
any use permitted in this district may be used for open storage of
raw material, finished goods, or any other material.
(3)Â
No structure, other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within thirty (30) feet of any
roadway right-of-way line. In the case of corner lots, no structure
exceeding thirty-six (36) inches in height may be erected within the
triangular area bound by the property lines and a line connecting
the two (2) points on the property lines thirty (30) feet from the
intersection of the property lines. Likewise, in the case of corner
lots, no plant material exceeding a height of thirty-six (36) inches
above the elevation of the street pavement may be planted or maintained
within the triangular area bound by the property lines and a line
connecting the two (2) points on the property lines thirty (30) feet
from the intersection of the property lines.
(4)Â
No structure shall be erected within fifteen (15)
feet of any property line, except that no structure may be erected
within twenty-five (25) feet of any property line adjoining property
in a not-industrial district. Any structure exceeding thirty (30)
feet in height, which adjoins property in any "PS," "AG," or "R" Residence
District shall be set back from such district line an additional distance
of one (1) foot for each two (2) feet in height above thirty (30)
feet.
(5)Â
Any part of a lot area not used for buildings
or other structures or for parking, loading, or accessways shall be
landscaped with grass, ground cover, trees, shrubs, and pedestrian
walks in accordance with the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
(6)Â
A fifteen (15) foot wide buffer shall be required
on any non-residential zoned property which adjoins a residential
zoned property and shall be located along the adjoining property line
or lines between the differently zoned properties. The buffer strip
shall meet the following minimum requirements:
(a)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
8 feet on center
|
(b)Â
Fencing.
Minimum height
|
6 feet
|
Sightproofing
|
stockade/slats in cyclone style
|
The Planning Commission may require or allow the use of topographic
features or the maintenance of the existing tree mass of a minimum
depth of fifteen (15) feet or as required to not encroach on existing
tree mass drip line in lieu of fences where such alternatives will
achieve comparable effect.
|
All buffering shall be established prior to the start of construction.
|
(7)Â
Radio, television, and telecommunication transmissions
or relay towers and facilities shall be located on tracts of land
providing at least fifteen thousand (15,000) square feet.
f.Â
Off-Street Parking And Loading Requirements.
(1)Â
Except as otherwise provided in this Subsection,
the requirements for off-street parking shall be implemented with
regard to the minimum dimensions in the following table:
Parking Dimensions Table
| ||||||
---|---|---|---|---|---|---|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
45°
|
10.0'
|
20.5'
|
12.5'
|
14.2'
|
53.5'
|
46.5'
|
60°
|
10.0'
|
21.0'
|
17.5'
|
11.5'
|
60.5'
|
55.5'
|
90°
|
10.0'
|
19.0'
|
24.0'
|
10.0'
|
62.0'
| |
A
|
=
|
parking angle
| ||||
B
|
=
|
stall width
| ||||
C
|
=
|
stall to curb
| ||||
D*
|
=
|
aisle width
| ||||
E
|
=
|
curb length per car
| ||||
F
|
=
|
curb to curb
| ||||
G
|
=
|
center to center width of double row with aisle between
| ||||
*
|
Additional width may be required where the aisle serves as the
principal means of access to on-site buildings or structures.
|
(2)Â
Offices, laboratories, and research facilities,
and uses accessory to these uses shall provide one (1) off-street
parking space for every two (2) employees or one (1) space for every
three hundred (300) square feet of gross floor area, plus one (1)
parking space for every vehicle used in the operation of the use and
normally placed on the lot containing the use.
(3)Â
Gymnasiums, indoor swimming pools and indoor public
and private tennis, handball and racquetball courts shall provide
sufficient parking spaces for employees', customers', and visitors'
parking as to insure that no such vehicles need be parked on any street.
(4)Â
Every structure or building containing at least
five thousand (5,000) feet of gross floor area shall provide off-street
loading space measuring not less than ten (10) feet by sixty (60)
feet and having a height, clear of all obstruction, of fourteen (14)
feet according to the following schedule:
Gross Floor Area
|
Number of Loading Spaces
|
---|---|
5,000 square feet to 24,000 square feet
|
1
|
24,000 square feet to 60,000 square feet
|
2
|
60,000 square feet to 96,000 square feet
|
3
|
96,000 square feet to 144,000 square feet
|
4
|
144,000 square feet to 192,000 square feet
|
5
|
192,000 square feet to 240,000 square feet
|
6
|
240,000 square feet to 294,000 square feet
|
7
|
294,000 square feet to 348,000 square feet
|
8
|
For each additional 54,000 square feet
|
1 additional space
|
(5)Â
Athletic fields shall have parking provided at
a ratio of one hundred (100) square feet of parking to each seat provided
in grandstands, but in no event shall such parking area provide for
less than twenty-five (25) parking spaces.
(6)Â
Golf courses shall provide parking area equivalent
to at least one percent (1%) of the total area of land for the golf
course, except that parking area available on private roads or drives
may be used to fulfill this requirement.
(7)Â
Parking shall comply with the current Americans
with Disabilities Act.
(8)Â
In the event that the desired angle is not specified
by the above table, the Community Development Department may specify
other equivalent dimensions associated with the desired parking angle
by interpolating from dimensions listed in the table.
(9)Â
A stall dimension of nine (9) feet by eighteen
(18) feet or equivalent may be utilized for off-street parking stalls
provided in excess of the minimum requirements as set forth in this
Subsection when designated for compact car use.
(10)Â
Trash receptacles shall be located on-site, out
of the path of vehicular and pedestrian circulation, and screened
by a sight-proof fence that is complimentary to the material of the
primary building. When a commercial site is adjacent to residential,
the trash receptacle shall not be located adjacent to the residential.
g.Â
Deleted.
B.Â
"M-2"
Industrial District.
1.Â
The "M-2" Industrial District of the City of Arnold encompasses industrial
area wherein may be achieved a satisfactory correlation of such factors
as adequate transportation facilities, accessibility to dwelling areas,
relatively efficient land assembly, adequate topographic conditions,
and adequate provision of public utility facilities required by industry.
Such areas may also contain certain mineral and other natural resources,
and may be located and may be operated in such a manner that the extraction,
processing, or both of basic or raw materials may be carried on in
a manner that will not create conflict or hazard in the general community
and in a manner that will protect and preserve the public health,
safety, and general welfare. Within this district, it is also the
purpose of these regulations to facilitate the establishment of industrial
areas so that economic production and distribution of goods manufactured
in the community are not placed at a disadvantage with respect to
regional and national competition. This Subsection contains the district
regulations of the "M-2" Industrial District. These regulations are
supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Subsection
by reference.
2.Â
Permitted Land Uses And Developments.
a.Â
Manufacturing, processing, or fabrication of any commodity,
except:
b.Â
Warehousing or wholesaling of manufactured goods, except that
live animals, explosives, or flammable gases or liquids shall require
a conditional use permit issued by the Planning Commission.
c.Â
All public utility facilities.
d.Â
Police, fire, and postal stations.
e.Â
Mobile food vehicles.
[Ord. No. 14.550 (2790), 5-20-2021]
f.Â
Truck, bus, rail, and watercraft terminals.
g.Â
Railroad switching yards.
h.Â
Research laboratories and facilities.
i.Â
Incinerators.
j.Â
Gymnasiums, indoor swimming pools, indoor public or private
handball and racquetball courts, and indoor and unlighted outdoor
public or private tennis courts.
k.Â
Churches.
l.Â
Municipal buildings and government agencies.
m.Â
Medical Marijuana Entities, except dispensaries (See Section 405.150(A)).
n.Â
Restaurant.
o.Â
Financial institution.
p.Â
Pharmacy.
q.Â
Laundry or dry cleaning pickup station or self-service laundry or
dry cleaning facility.
r.Â
Fireworks stands.
[Ord. No. 14.548 (2787), 5-6-2021]
s.Â
Motor vehicle rental establishment.
[Ord. No. 14.560 (2834), 8-4-2022]
t.Â
Heavy vehicle rental establishment.
[Ord. No. 14.560 (2834), 8-4-2022]
u.Â
Marijuana facilities, except dispensaries [See Section 405.150(A)].
[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]
3.Â
Conditional land use and development permits issued by the Commission under conditions and requirements specified in conditional use permits, Section 405.080 of this Chapter:
a.Â
Radio, television, and telecommunication transmission or relay
towers and facilities, provided that any installation shall provide
a fifteen-foot buffer, a minimum separation between towers shall be
fifteen hundred (1,500) feet, the maximum height shall be one hundred
ninety-nine (199) feet. Each tower shall provide multiple carriers
or co-users and each user shall demonstrate that all usable space
on the existing towers are occupied. A dual lighting system as identified
by FAA regulations shall be required on these towers.
c.Â
Filling stations.
d.Â
Animal slaughtering, meat packing or rendering.
e.Â
Sulphur, cement or rubber reclamation plants.
f.Â
Steel mills, foundries, or smelters.
g.Â
Manufacturing, processing, and fabrication of flammable gases
and liquids and explosives.
h.Â
Warehousing, storage, of wholesaling of live animals, explosives,
or flammable gases and liquids.
i.Â
Airports, landing strips, and heliports.
j.Â
Sewage treatment facilities.
k.Â
Public and private offices and office buildings, providing
that they constitute fifty percent (50%) or more of the gross floor
space of the building or fifty percent (50%) or more of the gross
enclosed cubic area of the building, whichever is greater.
l.Â
Quarries.
m.Â
Mini storage.
n.Â
Athletic fields and golf courses.
o.Â
Temporary structures constructed and placed on an individual
parcel for thirty-one (31) or more days, whether cumulative or consecutively,
per twelve-month period.
p.Â
Car sales. (See Section 405.150(A))
q.Â
Clinic.
r.Â
Motor vehicle-oriented establishment (MVOE).
s.Â
Outdoor activities.
4.Â
Height Limitations For Structures.
a.Â
Unless otherwise restricted by application of regulations in Section 405.050(B) of this Chapter, the total height of any structure shall not exceed fifty (50) feet above the average finished ground elevation at the perimeter of such structure; except that radio, television, public utility and communication towers may be erected to any height not in conflict with the application of the limitations in Section 405.050(B).
5.Â
Performance Standards.
a.Â
All uses in the "M-2" Industrial District shall operate in conformity with the appropriate performance standards contained in Section 405.150(B).
6.Â
Lot Area, Open Area And Yard Requirements.
a.Â
There shall be no minimum lot area requirements in this district.
b.Â
Not more than sixty percent (60%) of the lot containing any
use permitted in this district may be used for open storage of raw
materials, finished goods, or any other materials.
c.Â
No structure, other than a permitted directional or information
sign, or boundary walls or fences, higher than six (6) feet in height,
shall be erected within thirty (30) feet of any roadway right-of-way.
In the case of corner lots, no structure exceeding thirty-six (36)
inches in height may be erected within the triangular area bound by
the property lines and a line connecting the two (2) points on the
property lines thirty (30) feet from the intersection of the property
lines. Likewise, in the case of corner lots, no plant material exceeding
a height of thirty-six (35) inches above the elevation of the street
pavement may be planted or maintained within the triangular area bound
by the property lines and a line connecting the two (2) points on
the property lines thirty (30) feet from the intersection of the property
lines.
d.Â
No structure shall be erected within fifteen (15) feet of any
property line; except that no structure may be erected within twenty-five
(25) feet of any property line adjoining property in a non-industrial
district. However, structures related to water transportation may
be extended to the boundary of an "FP" Floodplain District. Any structure
exceeding thirty (30) feet in height, which adjoins property in any
"PS," "AG," or "R" Residence District, shall be set back from such
district line an additional distance of one (1) foot for each two
(2) feet in height above thirty (30) feet.
e.Â
Any part of a lot area not used for buildings or other structures
or for parking, loading, or accessways shall be landscaped with grass,
ground cover, trees, shrubs, and pedestrian walks in accordance with
the following minimum requirements:
Minimum caliper for deciduous trees:
|
2 inches
|
Minimum height for coniferous trees:
|
6 feet
|
Tree mix:
|
Maximum of 40% of one species
|
Distribution:
|
1 tree per 10 parking spaces with 75% of those trees within
the parking area
|
1 foundation plant (shrub or bush) per 20 feet of street exposed
wall area
|
f.Â
Radio, television, and telecommunication transmissions or relay
towers and facilities shall be located on tracts of land providing
at least fifteen thousand (15,000) square feet.
g.Â
A fifteen-foot wide buffer shall be required on any non-residential
zoned property which adjoins a residential zoned property and shall
be located along the adjoining property line or lines between the
differently zoned properties. The buffer strip shall meet the following
minimum requirements:
(1)Â
Natural Vegetation.
Minimum species mixture
|
100% coniferous
|
Minimum species height
|
6 feet
|
Minimum species spacing
|
8 feet on center
|
(2)Â
Fencing.
Minimum height
|
6 feet
|
Sightproofing
|
stockade/slats in cyclone style
|
The Planning Commission may require or allow the use of topographic
features or the maintenance of the existing tree mass of a minimum
depth of fifteen (15) feet or as required to not encroach on existing
tree mass drip line in lieu of fences where such alternatives will
achieve comparable effect.
|
All buffering shall be established prior to the start of construction.
|
7.Â
Off-Street Parking And Loading Requirements.
a.Â
Except as otherwise provided in this Subsection, the requirements
for off-street parking shall be implemented with regard to the minimum
dimensions in the following table:
Parking Dimensions Table
| ||||||
---|---|---|---|---|---|---|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
45°
|
10.0'
|
20.5'
|
12.5'
|
14.2'
|
53.5'
|
46.5'
|
60°
|
10.0'
|
21.0'
|
17.5'
|
11.5'
|
60.5'
|
55.5'
|
90°
|
10.0'
|
19.0'
|
24.0'
|
10.0'
|
62.0'
| |
A
|
=
|
parking angle
| ||||
B
|
=
|
stall width
| ||||
C
|
=
|
stall to curb
| ||||
D*
|
=
|
aisle width
| ||||
E
|
=
|
curb length per car
| ||||
F
|
=
|
curb to curb
| ||||
G
|
=
|
center to center width of double row with aisle between
| ||||
*
|
Additional width may be required where the aisle serves as the
principal means of access to on-site buildings or structures.
|
b.Â
Gymnasiums, indoor swimming pools and indoor public and private
tennis, handball and racquetball courts shall provide sufficient parking
spaces for employees', customers' and visitors' parking as to assure
that no such vehicle need be parked on any street.
c.Â
Every structure of building containing at least five thousand
(5,000) feet of gross floor area shall provide off-street loading
space measuring not less than ten (10) feet by sixty (60) feet and
having a height, clear of all obstruction, of fourteen (14) feet according
to the following schedule:
Gross Floor Area
|
Number of Loading Spaces
|
---|---|
5,000 square feet to 24,000 square feet
|
1
|
24,000 square feet to 60,000 square feet
|
2
|
60,000 square feet to 96,000 square feet
|
3
|
96,000 square feet to 144,000 square feet
|
4
|
144,000 square feet to 192,000 square feet
|
5
|
192,000 square feet to 240,000 square feet
|
6
|
240,000 square feet to 294,000 square feet
|
7
|
294,000 square feet to 348,000 square feet
|
8
|
For each additional 54,000 square feet
|
1 additional space
|
d.Â
Athletic fields shall have parking provided at a ratio of one
hundred (100) square feet of parking to each seat provided in grandstands,
but in no event shall such parking area provide for less than twenty-five
(25) parking spaces.
e.Â
Golf courses shall provide parking area equivalent to at least
one percent (1%) of the total area of land for the golf course, except
that parking area available on private roads or drives may be used
to fulfill this requirement.
f.Â
Parking shall comply with the current Americans with Disabilities
Act.
g.Â
In the event that the desired angle is not specified by the
above table, the Community Development Department may specify other
equivalent dimensions associated with the desired parking angle by
interpolating from dimensions listed in the table.
h.Â
A stall dimension of nine (9) feet by eighteen (18) feet or
equivalent may be utilized for off-street parking stalls provided
in excess of the minimum requirements as set forth in this Section
when designated for compact car use.
i.Â
Trash receptacles shall be located on-site, out of the path
of vehicular and pedestrian circulation, and screened by a sight-proof
fence that is complimentary to the material of the primary building.
When a commercial site is adjacent to residential, the trash receptacle
shall not be located adjacent to the residential.
8.Â
Deleted.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
"FP"
Floodplain District.
1.Â
The "FP" Floodplain District of the City of Arnold encompasses land
along the watercourse of the Mississippi and Meramec Rivers and their
tributary streams for which hydrographic study and calculations indicates
a risk of life and property as a consequence of storm water runoff.
a.Â
Permitted Land Uses And Developments.
(1)Â
Farming.
(2)Â
Forests.
(3)Â
Public parks, parkways, scenic areas, and wildlife
refuges.
(4)Â
Golf courses, public and private non-commercial
picnic grounds, swimming pools, and boat docks.
(5)Â
Underground and aboveground public utility transmission
lines and distribution lines and pipelines including booster stations,
provided that any such booster station shall be adequately screened
with landscaping, fencing, or walls, or any combination thereof, or
shall be placed underground, or shall be enclosed in a structure in
such a manner so as to blend with and complement the character of
the surrounding area. All plans for screening said facility shall
be submitted to the Planning Commission for review. No building permit
or installation permit shall be issued until said plans have been
approved by the Planning Commission.
(6)Â
Fishing and propagation of wildlife.
(7)Â
Off-street parking areas for motor vehicles.
(8)Â
Yard areas required for residences.
(9)Â
Deleted.
(10)Â
Non-residential farm buildings and agricultural
operations.
(11)Â
Deleted.
(12)Â
Accessory buildings, land uses, and activities
customarily incident to any of the above uses.
(13)Â
Churches.
b.Â
Conditional land use and development permits issued by the Commission which may be permitted under the conditions and requirements specified in Section 405.080 of this Chapter include:
(1)Â
Sewage treatment facilities.
(2)Â
Commercial and industrial dock facilities, off-street
loading and unloading facilities and open storage, not including junkyards
or salvage yards, when adjacent to a use lying within a district in
which the principal commercial or industrial activity is permitted.
(3)Â
Rifle ranges, skeet shooting clubs, and other
activities featuring the use of firearms when all parts of these activities
are located at least one hundred (100) feet from the boundaries of
the property involved.
(4)Â
All public utilities.
(5)Â
Public or private, not-for-profit or for profit,
parks, picnic grounds, community centers, athletic fields or other
recreational uses, including related facilities, provided that no
permanent or temporary structures or buildings for human habitation
are included.
(6)Â
Single-family dwellings.
(7)Â
Restaurants.
(8)Â
Outdoor activities.
(9)Â
Outdoor entertainment facilities.
[Ord. No. 14.550 (2790), 5-20-2021]
c.Â
Height Limitations For Structures. The total height of any structure shall not exceed that permitted in Section 405.050(B) of this Chapter.
d.Â
Lot Dimension, Lot Area And Yard Requirements.
(1)Â
Dwellings shall be situated on tracts of land
providing at least two (2) acres of lot area for each dwelling unit.
(2)Â
All other land uses permitted or conditional in
this district except local public utility facilities shall be situated
or conducted on tracts of land at least five (5) acres in area, except
as may be clearly indicated otherwise by the context of these regulations.
(3)Â
No structure other than a permitted directional
or information sign shall be erected within thirty (30) feet of any
roadway right-of-way line or road easement. In the case of corner
lots, no structures may be erected within the triangular area bound
by the property lines and a line connecting two (2) points on the
property lines thirty (30) feet from the intersection of the property
lines. Any non-residential structure permitted in this district which
exceeds thirty (30) feet in height shall be set back from all property
lines at least one (1) additional foot for every foot of height above
thirty (30) feet.
(4)Â
No structure shall be erected within fifteen (15)
feet of any property line; except this requirement shall not apply
to any boundary wall or fence less than six (6) feet in height. Any
non-residential structure, other than a public utility tower authorized
by a conditional use permit, which exceeds thirty (30) feet in height
shall be set back at least one (1) additional foot from all property
lines for every foot of height above thirty (30) feet.
(5)Â
Deleted.
e.Â
Off-Street Parking And Loading Requirements.
(1)Â
Parks shall provide sufficient parking space for
employees, customers, or visitors. Parks shall provide parking area
equal to at least one percent (1%) of land for the park, except that
parking area available on park roads or private drives may be used
to fulfill this requirement.
(2)Â
Swimming pools shall have parking areas provided
at a ratio of two (2) square feet of parking area for each square
foot of gross area covered by a pool or building.
(3)Â
Athletic fields shall have parking provided at
a ratio of one hundred (100) square feet of parking area to each seat
provided in grandstands, but in no event shall such parking area provide
for less than twenty-five (25) parking spaces.
(4)Â
Docks, sheds, slips, and launching ramps for boats
shall provide sufficient parking area for motor vehicles, trailers,
and trucks associated with boating activities as to assure that no
such vehicles need be parked on any street; in any event, two (2)
parking spaces shall be provided for each permanent berth or slip
in a commercial docking facility.
(5)Â
Golf courses shall provide parking area equivalent
to at least one percent (1%) of the total area of land for the golf
course, except that parking area available on private roads drives
may be used to fulfill this requirement.
(6)Â
Parking areas, including driveways, shall be kept
in a dust-free condition but need not, in this district, be paved.
(7)Â
All other permitted and conditional uses shall
provide sufficient parking space for employees, customers, and visitors
to assure that no vehicle need be parked on any street.
(8)Â
Deleted.
(9)Â
Deleted.
B.Â
"PS"
Park And Scenic District.
1.Â
The "PS" Park and Scenic District of the City of Arnold encompasses
land which has recreational, scenic and health value owned by public
agencies or land in which public agencies have some lesser legal interest.
This district may also include land having recreational, scenic and
health value owned by private individuals and not-for-profit organizations
or land in which such organizations have some lesser legal interest,
upon the application and approval of a petition for a change of zoning
by such not-for-profit organization. This district is established
to preserve the community's cultural values by preserving this land
in an essentially natural or native condition. The regulations are
supplemented and qualified by additional general regulations appearing
elsewhere in this Chapter which are incorporated as part of this Subsection
by reference.
a.Â
Permitted Land Uses And Developments.
(1)Â
Public parks and parkways.
(2)Â
Wildlife habitats and fish hatcheries.
(3)Â
Dwellings, dormitories and accessory buildings
and structures for the exclusive use of park-operation personnel.
(4)Â
Historic sites and buildings.
(5)Â
Natural or primitive areas and forests encompassed
by the provisions of the Missouri State Forestry Law.
(6)Â
Local public utility facilities, provided that
any installation, other than poles and equipment attached thereto,
shall be adequately screened with landscaping, fencing or walls, or
any combination thereof, or shall be placed underground, or shall
be enclosed in a structure in such a manner as to blend with and complement
the character of the surrounding area. All plans for screening said
facilities shall be submitted to the Planning Commission for review.
No building permit or installation permit shall be issued until said
plans have been approved by the Planning Commission.
(7)Â
Deleted.
(8)Â
Fire stations.
(9)Â
Accessory buildings, land uses, and activities
customarily incidental to any of the above uses.
(10)Â
Churches.
b.Â
Conditional land use and development permits issued by the Commission which may be permitted under the conditions and requirements specified in Section 405.080 of this Chapter:
(1)Â
Camping, lodging, swimming, picnicking, boating,
fishing, hiking, and wildlife observation facilities and customary
service facilities necessary to provide the direct support of such
activities.
(2)Â
Restaurants and other dining facilities.
(3)Â
Cemeteries and mausoleums.
(4)Â
Retreats owned and operated by religious, educational
or other not-for-profit establishments.
(5)Â
Golf courses and driving ranges, not including
miniature courses.
(6)Â
Sewage treatment facilities.
(7)Â
Underground and aboveground public utility transmission
lines and pipelines, including booster stations.
(8)Â
Deleted.
(9)Â
Swimming pool (private).
(10)Â
Outdoor activities.
c.Â
Height Limitations For Structures. The total height of any structure shall be limited by the application of the regulations of Section 405.050(B) of this Chapter.
d.Â
Lot Dimension, Lot Area, And Yard Requirements.
(1)Â
No structure other than a permitted directional
or information sign, or boundary walls or fences, higher than six
(6) feet in height, shall be erected within thirty (30) feet of any
roadway right-of-way line or road easement. In the case of corner
lots, no structure exceeding thirty-six (36) inches in height may
be erected within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines. Likewise, in
the case of corner lots, no plant material exceeding a height of thirty-six
(36) inches above the elevation of the street pavement may be planted
or maintained within the triangular area bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
(2)Â
No structure shall be erected within fifteen (15)
feet of any property line; except this requirement shall not apply
to any boundary wall or fence less than six (6) feet in height. Any
non-residential structure, other than a public utility tower authorized
by a conditional use permit, which exceeds thirty (30) feet in height
shall be set back at least one (1) additional foot from all property
lines for every foot of height above thirty (30) feet.
(3)Â
Fire stations shall be situated on at least one
(1) acre.
(4)Â
Cemeteries shall be situated on at least fifteen
(15) acres.
(5)Â
All other permitted and conditional land uses
in this district except local public utility facilities shall be situated
or conducted on tracts of land at least five (5) acres in area, except
as may be clearly indicated otherwise by the context of these regulations.
(6)Â
Deleted.
e.Â
Off-Street Parking Requirements.
(1)Â
One (1) off-street parking space shall be provided
for every two (2) beds in any dormitory provided for park-operation
personnel.
(2)Â
Parks and golf courses shall provide parking areas
equivalent to at least one percent (1%) of the total area of land
in such park or golf course, except that parking available on park
roads and private drives may be used to fulfill this requirement.
(3)Â
Restaurants, lodging, boating, and service facilities
shall provide sufficient parking area for all vehicles associated
with the subject activities; in any event, at least two (2) square
feet of parking area shall be provided for each square foot of gross
floor area in any building devoted to such uses.
(4)Â
All other permitted and conditional uses shall
provide sufficient parking space for employees, customers, and visitors
to assure that no vehicle need be parked on any street.
(5)Â
Parking areas, including driveways, shall be kept
in a dust-free condition but need not, in this district, be paved.
f.Â
Deleted.
g.Â
Deleted.
C.Â
"MHD" Manufactured Home District. In order to provide appropriate locations where stable and enduring manufactured (mobile) home residential neighborhoods are created and maintained so as to take advantage of, or to avoid conflicts with, natural topography, hydrology, existing developments, and arrangements and location of existing or planned community facilities, and social needs of the community, a "MHD" Manufactured Home District may be established by special ordinance subject to the requirements set forth in Section 410.090, Planned Developments, of this Chapter. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in the Chapter which are incorporated as part of this Subsection by reference.
D.Â
"C-4" Planned Commercial District. In order to provide appropriate locations for certain types of business developments in locations where integrated site planning and design is necessary due to surrounding land uses, neighboring residential areas or traffic considerations, a Planned Commercial District ("C-4") may be established by special ordinance subject to the requirements set forth in Section 410.090, Planned Developments, of this Chapter. Those districts adopted and part of the Zoning Ordinance are contained in Appendix 1 to this Chapter, set out as an attachment to same. The planned districts are subject to the performance standards contained in Section 405.150, Use and Zoning Performance Standards.
E.Â
''M-3" Planned Industrial District. In order to provide appropriate locations for certain types of business and manufacturing developments in locations where integrated site planning and design is necessary due to surrounding land uses, neighboring residential areas or traffic considerations, a Planned Industrial District ("M-3") maybe established by special ordinance subject to the requirements set forth in Section 405.090, Planned Developments, of this Chapter. Those districts adopted and part of the Zoning Ordinance are contained in Appendix 2 to this Chapter, set out as an attachment to same. The planned districts are subject to the performance standards contained in Section 405.150, Use and Zoning Performance Standards.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
Use
Standards.
1.Â
These use standards shall apply to permitted, conditional, and accessory
uses as otherwise authorized in this Chapter.
a.Â
Car Sales. Establishments providing car sales, as defined in Section 405.030 of the Zoning Ordinance, shall be subject to the following conditions and restrictions:
(1)Â
Minimum area:
(a)Â
Car sales establishments located within the "C-2," "C-3," and
"C-4" zoning districts shall only be located on parcels, or contiguous
parcels, that are at least two and one-half (2 1/2) acres in total
area.
(b)Â
Car sales establishments located within the "M-1," "M-2," and
"M-3" zoning districts shall have no minimum acreage provided the
Planning Commission determines the proposed area is sufficient.
(2)Â
Screening. Any outdoor sales shall be visually screened from
adjacent property in any "R" Residential District.
(3)Â
Traffic Study. A traffic study may be required for establishments
which derive from an arterial street, or from a major collector street
where the nearest driveway is within five hundred (500) feet of an
arterial street, as determined by the Director of Community Development
or the Planning Commission. Such studies shall be performed by a qualified
firm or individual of the City's choosing from the Missouri Department
of Transportation Local Public Agency Consultant's List. The cost
of the study shall be borne by the applicant by remittance to the
City.
b.Â
Tobacco, Nicotine, And Other Legal Substance Establishment. Tobacco, nicotine, and other legal substance establishments, as defined in Section 405.030, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:
(1)Â
No tobacco, nicotine, and other legal substance establishment
shall be located on a parcel, which is within one thousand (1,000)
feet of another tobacco, nicotine, and other legal substance establishment
is located, including such establishments located outside of the City
limits.
Such distances referred to above shall be measured by the methodology
established by the Missouri Department of Health and Senior Services
Division of Regulation and Licensure for medical marijuana-related
entities and protected uses. For the purposes of this measurement,
tobacco, nicotine, and other legal substance establishments shall
be subject to the proximity criteria for medical marijuana-related
entities.
(2)Â
No tobacco, nicotine, and other legal substance establishment
shall be operated or maintained within two hundred fifty (250) feet
of primary or secondary schools, residentially zoned districts or
any public park.
Such distances referred to above shall be measured by the methodology
established by the Missouri Department of Health and Senior Services
Division of Regulation and Licensure for medical marijuana-related
entities and protected uses. For the purposes of this measurement,
tobacco, nicotine, and other legal substance establishments shall
be subject to the proximity criteria for medical marijuana-related
entities.
c.Â
Medical Marijuana-Related Entities, Medical (Marijuana) Facilities,
And Marijuana Facilities. Medical marijuana-related entities, medical
(marijuana) facilities, and marijuana facilities, as defined in this
Chapter, shall meet the following standards in addition to all other
zoning requirements in order to operate within the City of Arnold:
[Ord. No. 14.563 (Bill No. 2849, 1-19-2023]
(1)Â
(Reserved)
(2)Â
No person shall cause or permit the establishment
of a medical marijuana dispensary facility, comprehensive marijuana
dispensary facility, or microbusiness dispensary facility where such
facility is within one thousand (1,000) feet of a parcel of land which
is used primarily for any of the following protected uses:
(3)Â
No person shall cause or permit the establishment
of a medical marijuana dispensary facility, comprehensive marijuana
dispensary facility, or microbusiness dispensary facility where such
facility is within one thousand (1,000) feet of an alcohol or drug
abuse facility as defined by the State of Missouri, Chapter 631, RSMo.
Such distances referred to above shall be measured by the methodology
established in Article XIV of the Missouri State Constitution. For
the purposes of this measurement, alcohol or drug abuse facilities
shall be subject to the proximity criteria for churches, elementary
or secondary schools, and daycares.
(4)Â
No person shall cause or permit the establishment
of an outdoor medical marijuana cultivation facility, or any outdoor
cultivation associated with a comprehensive cultivation facility or
microbusiness warehouse facility where such facility is within two
hundred fifty (250) feet of a parcel of land which is used primarily
for any of the following protected uses:
(a)Â
Churches;
(b)Â
Elementary or secondary schools; and
(c)Â
Daycares.
Such distances referred to above shall be measured by the methodology
established in the Missouri State Constitution for medical marijuana-related
entities facilities [herein referred to as medical (marijuana) facilities]
and protected uses.
|
(5)Â
Medical marijuana dispensary facilities, comprehensive
marijuana dispensary facilities, and microbusiness dispensary facilities
shall provide parking spaces in an amount not below fifteen (15) per
one thousand (1,000) square feet gross floor area plus one (1) additional
space for each employee on the maximum shift and one (1) space for
each vehicle utilized in the day-to-day operation of the business.
(6)Â
Nuisances. No medical marijuana-related entities, (marijuana) facility or marijuana facility, or marijuana microbusiness facility, as defined in this Chapter, shall emit an odor or in any way cause a public nuisance per Chapter 220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
d.Â
Motor Vehicle-Oriented Establishments. MVOEs, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
(1)Â
Ingress And Egress.
(a)Â
The minimum width of driveways at the right-of-way line shall
be twenty-four (24) feet, and shall not exceed forty (40) feet.
(b)Â
The radius used to increase the driveway opening at the curb
or pavement edge shall not be less than ten (10) feet nor more than
forty (40) feet. The edges of the opening shall not project beyond
the side property line extended normal to the pavement.
(c)Â
The number of commercial entrances for each property or site
shall be restricted on the basis of traffic requirements as determined
by the City. The maximum number of driveway openings shall be limited
to one (1) drive per two hundred (200) feet of lot frontage. On a
corner lot, one (1) entrance from each street shall be permitted and
located as far as possible from the street intersection corner.
(d)Â
The angle and location of driveway intersection with the street
shall be based upon reasonable criteria for safe traffic movements
and subject to the review and approval of the City Engineer.
(e)Â
MVOEs integrated in a shopping center or cluster of commercial
facilities shall use the common access with other business establishments
in that center.
(f)Â
Exceptions to the width and/or radius may be required, or allowed
with special approval by the City, to insure adequate provisions for
large vehicles and/or high traffic volumes.
(2)Â
Drive-Through Lanes Standards. Except as further regulated elsewhere
in this Section, all drive-through facilities shall be designed to
meet the minimum requirements indicated:
(a)Â
Storage Length. If not specifically specified herein, storage
length will be determined by the Community Development Director with
the input of the City's engineering staff based upon available data
for like uses and the volume of adjacent street traffic.
The City may approve reductions in required storage lengths
if the applicant submits a traffic study prepared by a professional
traffic engineer, which provides verifiable evidence to allow such
reduction.
(b)Â
Exclusive Use. Drive-through lanes shall be used exclusively
for drive-through vehicles commencing at a point not less than sixty-six
(66) feet back from the service point of the facility.
(c)Â
Lane Width. Drive-through lanes must be a minimum of twelve
(12) feet in width, except that a ten-foot wide lane will be permitted
within the pickup/service area to guide motorists adjacent to the
drive-up facility.
(d)Â
Pass-By Lane Provision. Each drive-through aisle shall be separated
from the circulation routes necessary for ingress or egress from the
property, or access to a parking space.
(e)Â
Minimum Distance From A Public Roadway. When the drive-through
lane is oriented parallel to a public roadway, there must be a minimum
distance of fifty (50) feet measured between the public road curb
or edge of pavement and the nearest curb or edge of the drive-through
lane.
(f)Â
Pedestrian Access And Crossings. Pedestrian access shall be
provided from each abutting street to the primary entrance with a
continuous sidewalk or delineated walkway satisfying the minimum requirements
of the Americans with Disabilities Act (ADA). Pedestrian walkways
should not intersect the drive-through drive aisles, but where they
do the walkways shall have clear visibility and shall be delineated
requirements of the ADA.
(g)Â
Automated car washes shall meet the following standards:
(i)Â
Storage Length. Stacking spaces equivalent to ten (10) times
the capacity of the car wash shall be provided at the entrance. A
minimum of one (1) stacking space shall be provided at the exit.
(ii)Â
Exclusive Use. The drive-through lane shall be
used exclusively for drive-through vehicles for a distance equivalent
to fifty percent (50%) of the required storage length of the car wash.
(h)Â
Financial institutions shall additionally meet the following
standards:
(i)Â
Storage Length. All drive-through facilities shall contain stacking
capacity for vehicles in accordance with the following criteria:
A)Â
Drive-up teller windows and remote tellers. See
Table 380.1, below, for stacking for drive-up teller lanes.
TABLE 380.1 Stacking For Drive-Up Teller Lanes
| |
---|---|
Number Of Lanes
|
Design Storage (Vehicles Per Lane)
|
1 — 3
|
6 (132 ft.)
|
4 — 5
|
4 (88 ft.)
|
5 or more
|
3 (66 ft.)
|
B)Â
Drive-Up Automatic Teller Machines (ATM). Two (2)
stacking spaces (forty-four [44] feet) shall be provided for each
ATM.
(i)Â
Restaurants shall meet the following standards:
(i)Â
Storage Length. All drive-through facilities shall contain stacking
capacity for vehicles from the menu board to the stacking lane entrance
in accordance with Table 380.2, stacking for drive-through lanes.
TABLE 380.2 Stacking For Drive-Thru Lanes
| ||
---|---|---|
For 1 Drive-Through Lane With 1 Window
|
For 1 Drive-Through Lane With 2 Windows
|
For 2 Drive-Through Lanes With 2 Windows
|
10 vehicles (220 ft.)
|
8 vehicles (176 ft.)
|
6 vehicles (132 ft.)
|
(ii)Â
Exclusive Use. The drive-through lane shall be
used exclusively for drive-through vehicles from the order board to
the pick-up window. The distance between the order board and the pick-up
window should be sufficient to store four (4) cars.
(iii)Â
Delayed Pick-Up Area Provision. A pick-up area
sufficient to store a minimum of one (1) car shall be provided for
each pick-up window.
(j)Â
Auto filling stations shall meet the following standards:
(i)Â
For four-corner intersections, a maximum of two (2) auto filling
stations shall be allowed at such an intersection, provided such establishments
are located on diagonally opposite corners.
(ii)Â
For "T" intersections, a maximum of one (1) auto
filling station shall be allowed at such an intersection.
(iii)Â
The Planning Commission may waive the requirements
set forth above when the auto filling station(s) is located in a Planned
Zoning District. The Planning Commission shall, prior to deciding
on the request for said waiver, receive and review a report from the
City Engineer or City's traffic consultant. The report shall include
the impact on existing traffic of the waiver of said requirement along
with the traffic consultant's recommendations for the mitigation of
said impact through the installation of traffic control devices such
as turning lanes, shared access drives, traffic signals, and signage.
(k)Â
Retail Pharmacy. Except as otherwise noted elsewhere in this
Section, all retail pharmacy drive-through facilities shall be designed
to meet the minimum requirements indicated:
(i)Â
Storage Length. Stacking spaces equivalent to three (3) times
the capacity of each drive-through window be provided.
(l)Â
Laundry Or Dry-Cleaning Pickup Station Or Self-Service Laundry
Or Drycleaning Facility. Except as otherwise noted elsewhere in this
Subsection, all laundry or dry-cleaning pickup station or self-service
laundry or drycleaning drive-through facilities shall be designed
to meet the minimum requirements indicated:
(i)Â
Storage Length. Stacking spaces equivalent to two (2) times
the capacity of each drive-through window be provided.
(3)Â
Site Design.
(a)Â
Off-street parking:
(i)Â
All MVOEs shall provide for off-street parking for the underlying
use in accordance with the requirements of this Chapter, unless otherwise
noted.
(ii)Â
No internal parking stall, cross drive aisle,
or loading space shall be located closer to the street right-of-way
than twenty (20) feet or within any required side yard setback.
(b)Â
Vehicular areas:
(i)Â
When the rental of equipment, automobiles, trucks, and trailers
is to be conducted on an MVOE site, additional land area and paved
area shall be provided in addition to the driveway, parking area,
and landscape areas required by this Subsection. An additional one
thousand (1,000) square feet of site area shall be provided for each
five (5) rental units. No parking of rental units shall be permitted
on landscaped areas, public or private roadways, including adjacent
shoulders. All rental storage areas shall be paved and landscaped
as approved by the City. Such rental equipment shall be stored in
rear yard or as approved by the Planning Commission, except when being
picked up by customers.
(c)Â
Performance standards:
(i)Â
Outdoor Sales And Display.
A)Â
Outdoor display and sales of merchandise may be
permitted along the storefront. All other outdoor storage of materials
and displays are specifically prohibited.
B)Â
Area. Said outdoor display shall be limited to twenty-five
percent (25%) of total store frontage with a maximum of one hundred
(100) square feet (inclusive of vending machines).
C)Â
Height And Other Dimensions. The height of any outdoor
display may not exceed five (5) feet with the exception of vending
machines (and their surrounds) which shall not exceed eight (8) feet
in height, three (3) feet in depth, or six (6) feet in width.
D)Â
Location.
1)
|
The placement of said display along the storefront shall be
in compliance clear width requirements with the Americans with Disabilities
Act and shall not obstruct pedestrian access to the building.
|
2)
|
Vending machines shall not be located within three (3) feet
of a fire department connection.
|
3)
|
Price signs shall be permitted on outdoor displays. Said price
signage shall not exceed two (2) square feet and shall be placed upon
the merchandise which it advertises.
|
E)Â
Parking. One (1) parking space, in addition to the
number of spaces required for the convenience store, shall be provided
for video rental, propane gas, and similar vending machines subject
to the review and approval of the City.
(ii)Â
The Planning Commission may recommend, and the
City Council may require, other conditions which will tend to eliminate
or reduce public nuisance caused by noise, heat, odors, smoke, dust,
vibration, glare, flooding, and traffic congestion and promote the
purpose of this Chapter
(iii)Â
All paved and landscaped areas shall, at all
times, be kept in good repair in accordance with this and other ordinances
of the City and the continuous maintenance of said areas shall be
the responsibility of the owners and lessees of the property.
e.Â
Outdoor Activity Area (Dining Or Entertainment). Outdoor activity areas, as defined in Section 405.030 of the Zoning Ordinance, may be permitted as an accessory use subject the following exceptions, conditions and restrictions:
(1)Â
All outdoor activity areas shall be subject to City review for
conformance with occupancy, parking, and other Code requirements.
(2)Â
A conditional use permit for outdoor activity areas shall not
be required when such areas are provided to patrons of the principle
use for the purpose of their consuming food or beverages purchased
therein when a maximum of four (4) seats are provided.
(3)Â
Where a conditional use permit is required, the Planning Commission
may, as a condition of approval, limit the overall capacity, including,
but not limited to, the number of chairs and/or tables provided, restrict
hours of operation, limit the provision of amplified, recorded or
live entertainment, require screening or buffering of adjacent uses
by landscaping, fencing or other means, etc., in order to minimize
potential adverse impacts of the use.
f.Â
Fireworks Stands. Fireworks stands, as defined and regulated in Chapter 215, Offenses, Article XIV, and Chapter 605, Business Regulations, Article II, of the Code of Ordinances, maybe conditionally permitted within parcels located within the "R-1," "R-2," "R-3," "R-4," "R-5," or "R-6" Residential Zoning Districts, provided such parcels are not utilized for residential or residential-related uses. Uses not considered residential or residential-related may include houses of worship; fraternal orders, labor unions, and similar organizations; professional membership organizations; and other membership organizations for social, educational or recreational purposes.
[Ord. No. 14.548 (2787), 5-6-2021]
g.Â
Mobile Food Vehicles. Mobile food vehicles, as defined in Section 405.030 of the Zoning Ordinance, shall be subject to the following conditions:
[Ord. No. 14.550 (2790), 5-20-2021]
(1)Â
Shall be subject to the requirements of Sections 605.400, Mobile
Food Vehicles, et seq., of the Arnold Code of Ordinances.
(2)Â
Locations, permitted:
(a)Â
Properties within zoning districts where the use is specifically
delineated in this Chapter as permitted or conditional; or
(b)Â
Properties within all zoning districts when a special event
permit, as defined and regulated in this Chapter, has been granted
by the Community Development Department.
(3)Â
Locations, prohibited:
(a)Â
Properties where the primary use occurring on that property
meets the definition of a motor vehicle oriented business unless the
Community Development Director has determined that the specific location
on the property where the mobile food vehicle is proposed to be placed
will not result in unsafe conditions for either pedestrians or motor
vehicles.
(b)Â
Properties that are vacant and unimproved.
h.Â
Outdoor Entertainment Facilities. Outdoor entertainment facilities, as defined in Section 405.030, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:
[Ord. No. 14.550 (2790), 5-20-2021]
(1)Â
Conditional use permit and associated site plan approval shall
address adequacy of facility parking, loading, and circulation; traffic
impacts in the vicinity of the facility; location of all uses, buildings
and structures; fire hydrants and emergency access, location and adequacy
of bathroom facilities; signage; noise; days/hours of operation; landscaping;
and the screening and buffering of adjacent uses.
i.Â
Amusement Center/Arcade. Amusement Center/Arcades, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
[Ord. No. 14.560 (2834), 8-4-2022]
(1)Â
Conditional use permit and associated site plan approval shall
address adequacy of facility parking, loading, and circulation; traffic
impacts in the vicinity of the facility; location of all uses, buildings
and structures; fire hydrants and emergency access, location and adequacy
of bathroom facilities; signage; noise; days/hours of operation; landscaping;
and the screening and buffering of adjacent uses.
(2)Â
For purposes of providing adequate off-street parking, required
parking for an "Amusement Center/Arcade" shall be calculated at the
same ratio as "commercial service facilities and retail sales."
j.Â
Vehicle Rental Establishments. Heavy and Motor Vehicle Rental Establishments, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
[Ord. No. 14.560 (2834), 8-4-2022]
(1)Â
Site plan approval granted by the Planning Commission shall
address that the site is consistent with good planning practice, the
vehicle rental establishment can be operated in a manner that is not
detrimental to permitted developments and uses within the district,
and can be developed and operated in a manner that is visually compatible
with permitted uses in the surrounding area.
(2)Â
Accessory uses may be the on-site storage and outdoor display
of rental vehicles. Accessory repair services which would require
a Conditional Use Permit shall not be accessory to this use by right.
(3)Â
The provision of parking of motor vehicles available for rent
on-site shall be in addition to parking required for associated offices.
When a vehicle rental establishment is located on a lot with any other
use(s) permitted by this Chapter, the parking provided shall be in
addition to that required by the other use(s).
(4)Â
The location of all motor vehicles available for rent on-site
shall be indicated on a site plan approved by the Planning Commission.
B.Â
Zoning
Performance Standards.
1.Â
This Subsection contains the Zoning Performance Standard Regulations
for the City of Arnold. These regulations apply to the land uses and
development hereinafter indicated.
a.Â
Performance standards shall apply to any land use or development
listed as permitted or conditional use in the regulations appearing
in the Schedule of District Regulations, Subsections "PDA" Planned
Development Area, "M-1" Industrial District, and "M-2" Industrial
District.
2.Â
Performance Standards.
a.Â
Vibration. Every use shall be so operated that the maximum ground
vibration generated is not perceptible without instruments at any
point on the lot line of the lot on which the use is located.
b.Â
Noise. Every use shall be so operated that the pressure level
of sound or noise level generated, measured in decibels, shall not
exceed, at any point on the lot line, the maximum decibel levels for
the designated duration as set forth in the following table for the
appropriate use:
Tn-Total Duration of Time Noise Permitted to be Emitted
from Noise Source During Period of Measurement (minutes)
|
A-weighted Sound Pressure Level (dB(A))
|
---|---|
60
|
80 or less
|
30
|
81 to 83
|
15
|
84 to 86
|
8
|
87 to 89
|
4
|
90 to 92
|
2
|
93 to 95
|
0
|
96 or greater
|
#a Exceptions. To the extent provided in this Subsection, the
provisions of this Chapter shall not apply to:
| |
1.
|
The operation of construction devices, with sound control devices
equivalent to or better than the original equipment, used in construction
activities during daytime hours;
|
2.
|
The repair, maintenance or construction of public facilities
of the State, County or municipal government, or such public or quasi-public
municipal corporations as may be established under the Constitution
or laws of the State of Missouri;
|
3.
|
Emergency work to repair or maintain private utility facilities;
|
4.
|
Emergency work to repair equipment or facilities damaged or
rendered inoperable as a direct result of unavoidable upset conditions
providing such occurrence is reported to the Director within twenty-four
(24) hours after the occurrence;
|
5.
|
The operation of motor vehicles on a vehicular way with sound
control devices equivalent to or better than the original equipment;
|
6.
|
The operation of railway equipment and vehicles operated exclusively
on rails;
|
7.
|
The necessary operation of emergency signal devices;
|
8.
|
Electric power distribution transformers within a distance of
fifty (50) feet from the base of the support pole or from the fence
line.
|
c.Â
Odor, Smoke, Toxic Gases, Emission Of Particulate Matter. Every
use shall be so operated that no odor, smoke, toxic gases, and/or
dirt, dust, fly ash, or other particulate matter shall be emitted
that violate the emission regulations in the "Air Quality Standards
and Air Pollution Control Regulations" of the St. Louis metropolitan
area.
d.Â
Radiation. Every use shall be so operated that there is no dangerous
amount of radioactive emissions in accordance with the standards of
the Federal Radiation Council.
e.Â
Glare And Heat. Any operation producing intense glare or heat
shall be performed in an enclosure in such a manner as to be imperceptible
along any lot line without instruments.
f.Â
Any addition, modification, or change in any regulations, code,
or other standard referred to in the Zoning Performance Standard Regulations
shall become a part of these regulations.
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
The purpose of Sections 405.160 through 405.160.080 are to provide minimum standards for sustainable, attractive, and harmonious building and site design.
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
A.Â
It is the intent of the design regulations to:
1.Â
Create transitions and relationships among the adjacent developments
and neighborhoods.
2.Â
Require a scale and form for the design of buildings consistent with
the development patterns envisioned by the comprehensive plan and
necessary for implementation of either an existing zoning district
or proposed planned district.
3.Â
Specify the appropriate relationship of buildings, site elements,
open spaces, and public rights-of-way.
4.Â
Create value, identity and character within neighborhoods and districts
through diverse architectural styles and a variety of design details.
5.Â
Integrate diversity of neighborhoods, planning districts, and development
sites through the consistent application of scale, form, and function
specified in the comprehensive plan and this Chapter.
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
A.Â
Connect buildings to the broader built environment through consistent
orientation and design elements.
B.Â
Activate public streetscapes and other public or community spaces
with pedestrian scale design elements and "permeable" buildings and
facades.
C.Â
Create consistent well-designed building frontages along streets
and other public or community spaces, suitable to the site context
and environment.
D.Â
Include uniform application of basic design qualities and materials
on all sides of buildings.
E.Â
Encourage architectural diversity appropriate to a site's immediate
context.
F.Â
Create neighborhoods and districts that exhibit both character and
value.
G.Â
Use exterior materials that contribute to the desired character of
the planning district, and are compatible with existing materials
of surrounding buildings.
H.Â
Avoid blank walls and long, uninterrupted facades along public streetscapes
and other public or community spaces.
I.Â
Screen or eliminate building elements dedicated to loading, vehicle
access, or other intensive service areas from prominent positions
on streetscape or from adjacent property.
J.Â
Minimize the impact of external utilities, such as cabinets, mechanical
equipment, conduits and storage areas on the public viewshed.
K.Â
Protect the character and values of adjacent properties and the public
realm by creating criteria relating to building mass and scale that
establish the relationship of buildings to the public viewshed.
L.Â
Create effective transitions from the public rights-of-way to private
areas through the design, location, and orientation of buildings.
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
A.Â
Scope. Unless otherwise noted, the standards contained in This Section
shall be met by all buildings.
B.Â
Every building hereafter erected or structurally altered shall be
located on a lot and in no case shall there be more than one (1) primary
structure on one (1) lot, as defined herein, except for any structure
authorized as part of a special procedure requiring submission to
the Planning Commission of any type of zoning approval or site development
plan for review and approval.
C.Â
No portion of an area, frontage, or yard required for any lot, building,
or use for the purpose of complying with provisions of this Code shall
be included as an area, frontage or yard for another lot, building
or use.
D.Â
Corner Visibility. On a corner lot nothing shall be constructed,
erected, placed, planted or allowed to grow in height in excess of
thirty-six (36) inches above the established street grade of intersecting
streets within the sight distance triangle, except as required by
the City. The height that an object is above the established street
grade shall be established by measuring from the highest point of
the object to a point on the top of curb or pavement edge that lies
along the projection of a radial line from the center of the pavement
curve through the object being measured.
E.Â
Improvements shall be permitted in accordance with Section 405.050(C). Supplementary District Regulations, except as otherwise provided in this Chapter.
F.Â
Structures built on elevated platforms raised by stilts or piles
shall be prohibited.
[Ord. No. 7.49 (2830), 7-21-2022]
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
A.Â
For zoning districts permitting residential uses, all residential
buildings shall meet the following minimum standards, based on site
plan review by the Planning Commission as required by the Zoning Ordinance
or by the Community Development Director where Planning Commission
review is not required.
1.Â
Multi-Family.
a.Â
Site Plan Review. Multi-family developments shall be subject to requirements and procedures contained in Section 405.190, Site Plan Review.
b.Â
Natural Features And Environment. Each site shall be designed
to preserve natural features and environmental resources, such as:
c.Â
Cut And Fill. Excessive cut and fill are undesirable. Site designs
should preserve the natural topography of the site.
d.Â
Pedestrian Circulation. Pedestrian circulation systems (sidewalks,
walkways, and paths) shall be located and designed to provide physical
separation from vehicles along all public and private streets and
within any parking area where practicably possible.
e.Â
Building Separation. All buildings shall be separated by a minimum
distance of fifteen (15) feet, except as otherwise provided in this
Chapter.
f.Â
Lot Coverage. Each site plan shall be designed to reflect unique
site characteristics and strong neighborhood environments without
overcrowding the site.
g.Â
Access. All multi-family residential developments must have
direct vehicular access to collector, arterial or higher classification
streets. Multi-family residential development shall not take access
to local streets.
h.Â
Open Space. Open space shall be provided to meet active and
passive use requirements of the neighborhood in accordance with the
following requirements and also subject to the provisions of the zoning
district in which the development is located.
[Ord. No. 7.49 (2830), 7-21-2022]
(1)Â
At least ten percent (10%) of the total site area or one hundred
(100) square feet per dwelling unit, whichever is larger, of any multi-family
development shall be set aside as common open space. Common open space
areas shall be centrally placed within the neighborhood. Parking,
streets, driveways, and service areas shall not be counted as applying
toward these requirements. Common open space shall not be counted
toward nor located in required zoning district front, street or side
yard setbacks.
(2)Â
Required common open space may be any combination of common
space amenities accessible to all project residents; or private open
space for the exclusive use of a single dwelling unit, as further
delineated in this Chapter.
(3)Â
A minimum of sixty (60) square feet of private open space shall
be provided for each ground-level dwelling unit and each dwelling
unit that is accessible from a walkout basement. A minimum of fifty
percent (50%) of upper floor dwelling units shall include private
open space in the form of a balcony, porch, or rooftop garden with
a minimum of thirty-six (36) square feet of usable space with minimum
dimensions of six (6) feet. Excess private space above what is required
maybe counted toward fulfilling the common open space requirement.
(4)Â
Common open spaces shall be at grade-level or located on a roof
top. Covered structures may be included if they are open on a minimum
of three (3) sides.
(5)Â
Required Amenities.
(a)Â
At least fifty percent (50%) of the required common
amenities must be outdoors.
(b)Â
One (1) amenity shall be provided for each ten
(10) units or fraction thereof.
(c)Â
Developments with more than fifteen (15) units
shall provide either a paved multi-use area with fixed/built-in seating
or a playground/tot lot area as one (1) of the on-site amenities.
(d)Â
Developments with more than twenty (20) units shall
provide a minimum of one (1) playground/tot lot area and a paved multi-use
area with fixed/built-in seating. Developments that will not house
children, such as, senior living facilities, are exempt from the playground
requirement.
(e)Â
Developments with sixty (60) units or more shall
provide a minimum of three (3) paved multi-use areas with fixed/built-in
seating that are distributed within the project.
(f)Â
Approved amenities, may include, but are not limited
to:
(i)Â
Active recreational facilities, including, but
not limited to, bicycle and/or pedestrian pathways, pools, fields,
courses, or equipment used for recreational activity, with a minimum
area of four hundred (400) square feet. Any active recreational facility
shall not be authorized by the City without the proper netting, fencing,
and/or boarding, as set forth by the manufacturers' specifications
for said facility, as a minimum, to control the flight of projectiles
from it onto neighboring properties.
(ii)Â
Passive recreation facilities, including, but
not limited to, picnic tables, plazas, or shaded seating areas, used
as gathering spaces with a minimum seating capacity for eight (8)
persons and a minimum of one (1) feature element.
(iii)Â
Playground or tot lot with a minimum of three
(3) structured play modules (e.g., slide, swing, and climber) and
an adjacent bench or sitting area.
(iv)Â
Community or rooftop garden (minimum four hundred
(400) square feet).
(v)Â
Lounge or media room (minimum four hundred (400)
square feet with minimum seating capacity for eight (8) persons).
(vi)Â
Commissioned public art.
(vii)Â
Outdoor games (i.e., garden chess) occupying
a minimum of four hundred (400) square feet.
(viii)Â
Dog park with a minimum of two (2) benches.
(ix)Â
Picnic areas with a minimum of two (2) tables
with seating.
(x)Â
Water feature with gathering space.
(xi)Â
Bike repair station, fully-enclosed bike lockers
or secured indoor bike storage.
i.Â
Vehicular Circulation And Parking.
(1)Â
Street Layout. The layout of streets shall provide for safe
operation of vehicles within the neighborhood. Excessively straight
and wide streets encourage high-speed traffic and should be avoided.
Curvilinear designs, reduced street widths and cul-de-sacs create
stronger neighborhood environments.
(2)Â
Parking Area Layout. Double loaded parking areas along private
streets or drives are generally not acceptable. Parking areas shall
be clustered and separated from the street.
(3)Â
Parking Enclosures. Parking enclosures shall be designed and
sited so as to compliment the primary structures and to provide visual
relief from extensive pavement area.
j.Â
Pedestrian Circulation.
(1)Â
Pedestrian Linkages. Pedestrian access shall be designed to
provide reasonable linkages of dwelling units to neighborhood facilities
such as recreation, services, mail and parking.
(2)Â
Landscaping Details. Pedestrian systems shall incorporate landscaping
details to increase the visual interest and character of the neighborhood.
(3)Â
Landscaping. Landscaping shall be designed in sufficient form,
quantity and location to reduce, to the greatest extent possible,
negative impacts affecting the site and adjacent properties and to
increase the sense of neighborhood scale, character and identity.
k.Â
Architectural Design. The design of multi-family housing is
a key element in determining the character of a neighborhood. The
architectural features shall create a strong feeling of identity through
design principles of scale, harmony, rhythm and balance.
(1)Â
Building facades shall be articulated by using color, arrangement
or change in materials to emphasize the facade elements. The planes
of exterior walls shall be varied in height, depth and direction.
Extremely long facades shall be designed with sufficient building
articulation and landscaping to avoid monotonous or overpowering institutional
appearance.
(2)Â
Materials selected for multi-family projects shall be durable
and low maintenance with seventy-five percent (75%) of the overall
structure consisting of brick, stone or other masonry materials as
may be approved by the Planning Commission. Certain exceptions may
be made for unique structure designs, such as, but not limited to,
gables, offsets, trim, or decorative elements. Pole buildings or other
non-traditionally constructed structures are prohibited for use as
multi-family residential dwellings.
(3)Â
Plain concrete finish shall not be exposed by more than twelve
(12) inches in any area of public view. Special concrete textures
or other treatments may be permitted by the Commission on a case-by-case
basis.
(4)Â
New multi-family residential developments shall respect the
scale and character of the adjacent residential neighborhood. Attention
to views, building scale and orientation; proximity to adjacent uses,
location of driveways, noise, lighting and landscape should be respected.
(5)Â
The architectural design of each unit or building shall impart
a feeling of neighborhood scale. Units shall be designed with vertical
and horizontal offsets to break up rooflines, define private outdoor
areas, allow greater views, and admit light and air to unit interiors.
Large, blank wall surfaces shall be avoided. Windows and projecting
wall surfaces shall be used to break up larger wall surfaces and establish
visual interest.
(6)Â
The same level of architectural design and quality of materials
shall be applied to all sides of the building. The side and rear elevations,
garages, carports, and all accessory structures shall maintain the
same level of design, aesthetic quality, and architectural compatibility.
(7)Â
Screening from the street of all outdoor refuse areas, ground
mounted mechanical equipment, utilities, and banks of meters shall
be provided. The screening of these items is to be architecturally
compatible with the major building components and shall include landscaping.
(8)Â
All roofs shall have a pitch of at least four to twelve (4/12),
except that shed or flat roofs may be used as a subordinate architectural
feature to cover up to twenty percent (20%) of the entire building
footprint, provided, they are over building elements such as dormers,
porches, or similar minor projections in the building footprint.
[Ord. No. 7.49 (2830), 7-21-2022]
2.Â
Two-, Three-, Or Four-Family Dwellings.
a.Â
Scope. The design standards contained in this Subsection apply
to all new two-, three-, or four-family homes or additions constructed
and any two-, three-, or four-family homes re-roofed or substantially
rehabilitated, as defined herein, subsequent to the adoption of this
Section.
b.Â
Standards.
(1)Â
Construction materials shall be consistent with that of residential
development within the City, including; but not limited to, site-built
homes using wood or stick framing, or as determined by the Community
Development Director. Pole buildings or other non-traditionally constructed
structures are prohibited for use as two-, three-, or four-family
residential dwellings.
(2)Â
Primary exterior siding materials on structures intended for
use as residential dwellings shall be similar to exterior siding used
on conventional residences; including, but not limited to, wood clapboard,
simulated clapboard such as metal, vinyl, or fiber cement, wood shakes,
stucco, masonry such as brick or stone, or similar material, or as
determined by the Community Development Director, but excluding high
gloss finish, smooth, ribbed, corrugated, or other finishes of metal.
Metal may be used as a subordinate architectural element.
(3)Â
Each rooftop section of horizontally attached residences shall
be of matching or consistent material, as determined by the Community
Development Director.
(4)Â
Plain concrete finish shall not be exposed by more than twelve
(12) inches on the front or street-facing façade, or thirty-six
(36) inches on the side and rear facades. Special concrete textures
or other treatments may be permitted with approval of the Community
Development Director.
(5)Â
All roofs shall have a pitch of at least four to twelve (4/12),
except that shed or flat roofs may used as a subordinate architectural
feature to cover up to twenty percent (20%) of the entire building
footprint provided they are over building elements such as dormers,
porches, or similar minor projections in the building footprint.
[Ord. No. 7.49 (2830), 7-21-2022]
(6)Â
The minimum width of a structure containing dwelling units,
not including unenclosed structures, shall be thirty-four (34) feet.
[Ord. No. 7.49 (2830), 7-21-2022]
(7)Â
Lower-level or basement space, where at least fifty percent
(50%) of which must be below grade and the height is at least seven
(7) feet six (6) inches from floor to ceiling, shall be provided in
all new construction. All additions with living space shall meet this
requirement. Exceptions may be granted by the Community Development
Director and his/her assigns should satisfactory evidence be provided
that a lower-level or basement space as described is unfeasible due
to a unique geographic site condition.
[Ord. No. 7.49 (2830), 7-21-2022]
3.Â
Single-Family Dwellings.
a.Â
Scope. The design standards contained in this Subsection apply
to all new single-family homes or additions constructed subsequent
to the adoption of this Section.
b.Â
Standards.
(1)Â
Construction materials shall be consistent with that of residential
development within the City, including, but not limited to, site-built
homes using wood or stick framing, or as determined by the Community
Development Director. Pole buildings or other non-traditionally constructed
structures are prohibited for use as single-family residential dwellings.
(2)Â
Primary exterior siding materials on structures intended for
use as residential dwellings shall be similar to exterior siding used
on conventional residences, including, but not limited to, wood clapboard,
simulated clapboard such as metal, vinyl, or fiber cement, wood shakes,
stucco, masonry such as brick or stone, or similar material, or as
determined by the Community Development Director, but excluding high
gloss finish, smooth, ribbed, corrugated, or other finishes of metal.
Metal may be used as a subordinate architectural element.
(3)Â
Plain concrete finish shall not be exposed by more than twelve
(12) inches on the front or street-facing façade, or thirty-six
(36) inches on the side and rear facades. Special concrete textures
or other treatments may be permitted with approval of the Community
Development Director.
(4)Â
All roofs shall have a pitch of at least four to twelve (4/12),
except that shed or flat roofs may used as a subordinate architectural
feature to cover up to twenty percent (20%) of the entire building
footprint provided they are over building elements such as dormers,
porches, or similar minor projections in the building footprint.
[Ord. No. 7.49 (2830), 7-21-2022]
(5)Â
The minimum width of a structure containing dwelling units,
not including unenclosed structures, shall be thirty-four (34) feet.
[Ord. No. 7.49 (2830), 7-21-2022]
(6)Â
Lower-level or basement space, where at least fifty percent
(50%) of which must be below grade and the height is at least seven
(7) feet six (6) inches from floor to ceiling, shall be provided in
all new construction. All additions with living space shall meet this
requirement. Exceptions may be granted by the Community Development
Director and his/her assigns should satisfactory evidence be provided
that a lower-level or basement space as described is unfeasible due
to a unique geographic site condition.
[Ord. No. 7.49 (2830), 7-21-2022]
[Ord. No. 7.44 (Bill
No. 2794), 6-17-2021]
The Planning Commission may authorize variations from these
standards where practical hardships are found to be present or where
such variation would encourage high quality construction and site
planning design that is consistent with good planning practice.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
B.Â
Intent.
1.Â
This Section 405.190 recognizes the importance to the public health, safety and welfare, the safe movement of traffic, the retention of value of improvements upon the land, the conservation of natural resources and that site improvements will be constructed to advance those and other public interests. The site plan shall demonstrate to the site plan reviewing entity or entities the character and objectives of the proposed development in adequate detail for the reviewers to evaluate the effect it will have upon the community and the public interest. The site plan review regulates the development of structures and sites in a manner that considers the following concerns:
a.Â
The balancing of landowners' rights to use their land, with the corresponding
rights of abutting and neighboring landowners to live without undue
disturbances (e.g., noise, smoke, fumes, dust, odor, 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 water or groundwater;
d.Â
The protection of historic and natural environmental features on
the site under review, and in adjacent areas;
e.Â
The stability of the built environment, particularly residential
neighborhoods, by promoting development that is compatible with clearly
identified natural resources;
f.Â
Consistency with the Comprehensive Plan, Subdivision Ordinance, Zoning
Ordinance, and the Municipal Code of Ordinances; and
g.Â
Impact on existing City infrastructure and public improvements. The
proposed development shall not result in undue or unnecessary burdens
on the City's existing infrastructure unless arrangements are made
to mitigate such impacts.
C.Â
When
Required.
1.Â
A site plan for the use or development of property must be approved
by the City prior to any of the following events:
a.Â
The grading of any site for development or the issuance of any building
permit for the construction or expansion of any principal structure,
except as provided for herein.
b.Â
A change in the principal or accessory use of a property that results
in additional parking requirements or other site requirements not
reflected on any existing approved site plan as determined by the
Community Development Director.
c.Â
Any development within the City's "MHD" Manufactured Home District,
"C-1" Commercial District, "C-2" Commercial District, "C-3" Commercial
District, "C-4" Commercial District, "M-1" Industrial District, "M-2"
Industrial District, "M-3" Planned Industrial District, or for land
subject to the City's Planned Residential Development Procedures or
Conditional Use Permit procedures, unless otherwise authorized by
the City.
d.Â
As otherwise required in Chapter 405, Zoning, including, but not limited to, requirements contained in Section 405.040, Application of District Regulations, Section 405.090(B), Planned Residential Development Procedure, Section 405.050(C), Supplementary District Regulations, and Section 405.080, Conditional Uses.
2.Â
Exceptions. A site plan shall not be required in the following situations:
b.Â
The construction or expansion of an individual single-family residential
detached dwelling, including associated detached accessory structures.
c.Â
Construction of an accessory commercial structure or addition not
exceeding five hundred (500) square feet when such structure or addition
is not substantially visible from the public viewshed.
d.Â
Improvements for off-street parking purposes when appurtenant only
to existing buildings and where access will be provided by existing
driveways, provided such improvement does not provide more than five
(5) additional parking spaces.
e.Â
Grading of open area, either by excavation or fill for the sole purpose
of bringing the land to a grade compatible with the surrounding area,
provided that the removal of existing vegetation does not exceed three
(3) acres and the designated City Engineer finds on inspection of
the site that such grading will have no adverse effect on the land
of surrounding property owners, will not encroach on or impair existing
drainage channels or floodplains, and will not cause problems of erosion,
ponding, and/or silting on adjoining properties.
3.Â
The Community Development Director may waive the requirement that
a site plan be submitted when the applicant demonstrates to the Director
one (1) of the following:
a.Â
That the proposed development, issuance of a certificate of occupancy,
or change in the principal use of property will have no detrimental
impact on adjoining properties or otherwise would clearly comply with
all regulations of the City without review of the plan and thereby
eliminating the necessity for the establishment of, or revision to,
a site plan; or
b.Â
That the proposed development will conform in every substantive respect
to a site plan previously approved for the same property.
When the Director utilizes this waiver procedure, he/she shall
report such action to the Planning Commission at their next regularly
scheduled meeting.
D.Â
Procedure.
1.Â
Site plan review shall be conducted by City staff, however, the City
may require, at the expense of the petitioner, site plan reviews conducted
by the City's consultant or other professionals.
a.Â
Any person required to submit a site plan shall initially file the appropriate number of copies and a digital version with the Community Development Director, to include completed application forms furnished by the City, and pay any required filing fee in accordance with Section 405.190(M), Fees.
b.Â
An initial site plan review shall be completed by the Community Development
Director or assigns and all applicable City departments, and other
associated jurisdictions and review agencies within thirty (30) days
of the date of filing. The City shall provide the applicant with a
comment letter delineating all plan deficiencies that need to be addressed
prior to proceeding to the Planning Commission. The applicant shall
submit a revised plan addressing identified deficiencies. When the
Community Development Director determines the plan sufficient for
Planning Commission review, the Director or assigns shall prepare
a staff report that provides an overview of the project's level of
compliance with the City's Comprehensive Plan, applicable review criteria
set forth herein, requirements of this Chapter, and other applicable
Chapters of the City's Code of Ordinances. The report shall consider
the input provided by appropriate City departments, and other associated
jurisdictions and agencies. The staff report shall contain a written
recommendation of approval, approval with specific conditions, or
disapproval, made to the Planning Commission for its consideration.
A copy of the report shall be provided to the applicant prior to the
meeting where the Planning Commission shall conduct its review.
c.Â
The applicant shall have the opportunity to present the site plan
to the Planning Commission and respond to Commission questions prior
to the rendering of any decision by the Commission.
d.Â
The Community Development Director shall provide written notification
to the applicant of the Planning Commission's decision within seven
(7) days of such decision.
e.Â
The applicant may appeal any written disapproval to the City Council
by written notice of appeal, citing reasons for the appeal, delivered
to the City Council within fifteen (15) days of the mailing of the
written disapproval. The City Council shall examine the record and
decide the appeal within thirty (30) days with or without additional
input or argument, and notify the applicant of the appeal decision
within seven (7) days of the City Council decision. The applicant
may appeal an adverse decision of the City Council as provided in
Chapter 536, RSMo.
f.Â
Building 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.
E.Â
Application.
1.Â
Each application for site plan approval shall be submitted to the
City signed by the owner of record or their agent accompanied by the
appropriate number of copies and a digital version of the site plan
in a format compatible with the City's software. Additional submittal
requirements that shall accompany a site plan where applicable, shall
include, but are not limited to:
a.Â
All parking, buffering/screening, lighting, landscape, tree preservation, architectural requirements in accordance with applicable Subsections of Chapter 405, Zoning.
c.Â
All planned residential development procedure application requirements in accordance with Section 405.090(B).
d.Â
Additional information to be placed on the site plan beyond the requirements listed herein may be required as requested by the Community Development Director, the Planning Commission or City Council in accordance with the requirements of Chapter 405, Zoning, to include applicable technical studies.
e.Â
All applicable requirements of the City's Subdivision Regulations
as they apply to the development.
F.Â
Submission
Requirements.
1.Â
The site plan shall be designed and prepared by registered design
professionals licensed in the State of Missouri, such as architects,
landscape architects or engineers, with the appropriate seal affixed,
unless permitted otherwise by the Community Development Director,
and shall include the following data, details, and supporting plans
which are relevant to the proposal:
a.Â
The site plan shall be of a scale not to be greater than one (1)
inch equals fifty (50) feet nor less than one (1) inch equals two
hundred (200) feet, and of such accuracy that the Commission can readily
interpret the Plan, and shall include more than one (1) drawing if
required for clarity.
b.Â
A scale, north arrow, boundary dimensions, natural features such
as woodlots, streams, rivers, lakes, drains, existing manmade features
such as buildings, structures, easements, high tension towers, pipe
lines, existing utilities such as water and sewer lines, etc., excavations,
bridges, culverts, and drains, and shall identify adjacent properties
within one hundred (100) feet and their existing uses.
c.Â
Name and address of the owner of record, developer, and seal of the
engineer, architect, land surveyor or landscape architect.
d.Â
Abutting property owners, names, addresses, zip codes, Jefferson
County parcel numbers, and where different, zoning district.
e.Â
The property shall be identified by lot lines and location, including
dimensions, angles, and size, correlated with the legal description
of said property. All existing lot lines, easements, and rights-of-way
shall be shown.
f.Â
Locations and dimensions of all setbacks, including distances between
all buildings, between buildings and property lines and between all
parking areas and property lines.
g.Â
The location and use of all existing and proposed structures within
the development. Include all dimensions of height, ground floor area,
gross floor area, and show all exterior entrances and all anticipated
future additions and alterations.
h.Â
Depict locations, heights, and intensity of all exterior lighting,
including a graphic and catalog reference describing the proposed
standards.
i.Â
Delineate and dimension all areas utilized for storage and/or parking
equipment, materials and vehicles.
j.Â
For phased developments, depict the various limits and timing of
each proposed phase.
k.Â
Location, dimension and area of any parcel or property thereof proposed
to be set aside for open space, park, playground use or other public/private
recreational purposes.
l.Â
Provide the location of all retaining walls, fences, screening, earth
berms, and trash enclosure as well as a typical architectural elevation
reflecting the proposed finished construction.
m.Â
The location of all present and proposed public and private ways,
parking areas, loading areas, driveways, sidewalks, ramps, and curbs.
Include calculations for required and proposed parking and loading.
Location, type, and screening details for all waste disposal containers
shall also be shown.
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.
o.Â
The location, height, size, materials, and design of all proposed
signage.
q.Â
Plans to prevent the pollution of surface water or groundwater, erosion
of soil both during and after construction, excessive run-off, excessive
raising or lowering of the water table, and flooding of other properties,
as applicable.
r.Â
Existing topography and finished grade line elevations at two (2)
foot contour intervals as well as the proposed finished floor elevation
for all structures. All elevations shall refer to the United States
Geodetic Survey (USGS) datum. If any portion of the parcel is within
the 100-year floodplain, the area shall be shown, with base flood
elevations; and the developer shall present plans for meeting Federal
Emergency Management Agency (FEMA) requirements.
s.Â
Architectural Elevations. Architectural elevations of all proposed
buildings and structures, identifying all materials proposed including
color schemes for each. For infill developments the architect shall
provide a statement of design intent indicating any design decisions
made to make new construction compatible with existing structures.
t.Â
Landscape Plan. A landscape plan depicting all existing open space,
trees, forest cover and water sources, and all proposed changes to
these features including size and type of plant material, and percentage
open space with related calculations. Water sources will include ponds,
lakes, brooks, streams, wetlands, floodplains, and drainage retention
areas.
u.Â
Tree Preservation Plan. Where required by this Section, Tree Preservation,
of the City of Arnold Zoning Ordinance, a tree preservation plan satisfying
all requirements of the Section.
v.Â
Site Sections. Schematic or illustrative sections shall be drawn
to a scale of one (1) foot equals eight (8) inches or larger, indicating
both edge conditions and internal grade changes in relation to principal
variations of internal building levels and sight line relations to
adjacent residences.
w.Â
Traffic Control. The Community Development Director may require a
detailed traffic study for mixed use and multi-tenant developments,
or for developments in heavy traffic areas.
x.Â
Additional information may be requested to be placed on the site
plan beyond the requirements listed above based on a review of the
site plan by City staff. Proper approval shall be required, where
applicable and appropriate, from all relevant review agencies, including,
but not limited to, the following: AmerenUE; Missouri-American Water
Company; Public Water Supply District 1 of Jefferson County; Laclede
Gas Company; Jefferson County Health Department; Missouri Department
of Transportation; Missouri Department of Natural Resources; U.S.
Army Corps of Engineers; and/or any other agency where applicable
and appropriate.
2.Â
Required plan elements may be waived at the discretion of the Community
Development Director.
3.Â
The applicant shall make notations explaining the reasons for the
omission of any required element so authorized by the Director.
G.Â
Criteria.
1.Â
In reviewing a site plan application, the Community Development Director
shall identify and evaluate all factors relevant to the application,
including whether it complies with all applicable provisions of this
Title. The applicant shall have the burden of demonstrating that the
site plan application meets the application review criteria.
2.Â
General Requirements. The recommendations of the Community Development
Director shall be based on the following criteria:
a.Â
The extent to which the proposal conforms to the previous Subsections
of these regulations.
b.Â
The extent to which the development would be compatible with the
surrounding area.
c.Â
The extent to which the proposal conforms to the provisions of the
City's Subdivision Regulations.
d.Â
The extent to which the proposal conforms to customary engineering
standards used in the City.
e.Â
The extent to which the location of streets, paths, walkways, and
driveways are located to enhance safety and minimize any adverse traffic
impact on the surrounding area.
H.Â
Amended
Site Plans. Once a site plan has been approved, changes in the site
plan shall be made only after approval by the City.
I.Â
Procedure
For Amended Site Plan Applications. When an application for an amended
site plan is filed, the Community Development Director shall determine
whether the amended site plan involves substantial or minor changes,
and shall notify the applicant within seven (7) working days of the
nature of the requested changes and of the procedure that applies
to consideration of the application for an amended site plan. The
determination of the Community Development Director may be appealed
to the City Council, whose decision shall be final.
J.Â
Site Plan — Substantial Changes. Substantial changes, as defined in Subsection (L), below, to the approved site plan may be approved only by the Planning Commission after review and recommendation by the Community Development Director. Approval of substantial changes to the approved site plan shall follow the procedure for original approval of the site plan.
K.Â
Site
Plan — Minor Changes. Minor changes shall include changes not
defined herein as substantial, and may be approved by the Community
Development Director provided no more than two (2) amended site plans
shall be approved that involve minor changes.
L.Â
Definition
Of Substantial Changes.
1.Â
For purposes of this Section, "substantial changes" to the approved site plan shall mean any of the following:
a.Â
A change in the number or sequence of phases, if any;
b.Â
Increases in the density or intensity of residential uses greater
than or equal to five percent (5%);
c.Â
Increases in the total floor area of all non-residential buildings
covered by the plan greater than or equal to ten percent (10%);
d.Â
Increases of lot coverage greater than or equal to five percent (5%);
e.Â
Increases in the height of any building greater than or equal to
ten percent (10%);
f.Â
Changes to construction material, color palette, or architectural
style as determined by the Community Development Director;
g.Â
Changes in ownership patterns, stages of construction, or declared
use or business that will lead to a different development concept;
h.Â
Changes in ownership patterns, stages of construction, or declared
use or business that will impose substantially greater loads on streets
and other public facilities;
i.Â
Decreases of any setback greater than or equal to five (5) feet or
ten percent (10%), whichever is less;
j.Â
Decreases of areas devoted to open space greater than or equal to
five percent (5%), or the substantial relocation of such areas;
k.Â
Changes to the ingress/egress to property or of traffic or circulation
patterns that will affect traffic outside of the project boundaries;
l.Â
Modification or removal of conditions to the site plan approval;
m.Â
Reconfiguration of building locations where:
(1)Â
The reconfiguration substantially increases the density or intensity
of uses, total floor area of any non-residential building, lot coverage,
or the height of any buildings; decreases the setbacks, or open space
of the development; or changes the architectural style of the project
or buildings; or modifies or removes conditions of the approved site
plan; and
(2)Â
The reconfiguration does not substantially alter the circulation
patterns external to the site and/or the ingress and egress on the
property;
n.Â
Changes to the utility plans that substantially impact other elements
of an approved site plan as determined by the Community Development
Director;
o.Â
The Community Development Director, at his/her discretion, may determine
and find any other change to an approved site plan that is not otherwise
defined in this Section as substantial. Such determination and finding
may be appealed to the Planning Commission.
M.Â
Fees.
1.Â
Site Plan Review (New).
a.Â
Less than two (2) acres — Two hundred fifty dollars ($250.00)
for up to two (2) plan reviews plus one hundred twenty-five dollars
($125.00) for each review thereafter; or
b.Â
Two (2) to ten (10) acres — Five hundred dollars ($500.00)
for up to two (2) plan reviews plus two hundred fifty dollars ($250.00)
for each review thereafter; or
c.Â
Over ten (10) acres — Seven hundred fifty dollars ($750.00)
for up to two (2) plan reviews plus three hundred seventy-five dollars
($375.00) for each review thereafter.
3.Â
Reimbursement For Additional Costs.
a.Â
When additional costs are incurred by the City for any consultation
with the City's engineers, attorneys, or other professional related
to plan review, all additional costs incurred above the application
fee for permit review, reimbursement by the applicant shall be required.
b.Â
When such costs are anticipated, the City may require a retainer
of no less than five hundred dollars ($500.00).
[Ord. No. 14.526 (Bill No. 2731), 4-4-2019; Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
Purpose
And Intent. The purpose of this Section is to promote the public health,
safety, and general welfare of the residents of the City of Arnold
by providing tree preservation standards. These standards represent
an ongoing effort to enhance the quality and appearance of developed
properties, protect existing natural resources, minimize storm water
runoff, buffer differing land uses and conserve the value of land
and buildings throughout the City, and meet the goals of our residents
as identified in our Comprehensive Plan. The overall goal of this
preservation plan is to preserve as many trees as possible and avoid
having developers and builders spend extra funds to plant new trees.
Provided exemptions to the standards contained in this Section are
not intended to provide a mechanism to avoid fulfilling the preservation
requirements contained herein.
B.Â
Applicability.
Except as otherwise provided by law, this Section shall be applicable
when trees are to be removed in conjunction with new development,
as defined herein, in all zoning classifications identified within
the Zoning Ordinance of the City of Arnold, Missouri, hereinafter
referred to as "the Zoning Ordinance."
C.Â
CALIPER
DESIRABLE TREES
DIAMETER BREAST HEIGHT (DBH)
INVASIVE TREES OR PLANTS
NEW DEVELOPMENT
PREMIUM TREES
TREE DRIP-LINE
TREE PROTECTION ZONE (CRITICAL ROOT ZONE)
UNDESIRABLE TREES
Definitions.
As used in this Section, the following terms shall have these prescribed
meanings:
Caliper (diameter) measurement of the trunk of proposed new
and replacement trees to be planted shall be taken six (6) inches
above the ground up to and including four-inch caliper size. If the
caliper at six (6) inches above the ground exceeds four (4) inches,
the caliper should be measured at twelve (12) inches above the ground
(American Standard for Nursery Stock, ANSIZ60.1-2004). Caliper measurement
should be performed using a diameter measuring tape. Measure the tree
trunk circumference and divide by 3.14 to find the diameter of the
trunk.
Trees from the approved tree list in the Zoning Ordinance
that have a DBH of five (5) inches and greater for deciduous trees
or five (5) feet and greater for evergreen trees.
Diameter measurement of an existing tree trunk taken at 4.5
feet above the ground. Diameter measurement should be performed using
a diameter measuring tape. Measure the tree trunk circumference and
divide by 3.14 to find the diameter of the trunk.
Species as identified by the United States Department of
Agriculture and/or Missouri Department of Conservation.
The subdivision of any lot or contiguous lots of land three
(3) acres or more in size or the grading of one-half (½) acre
or more on any portion of any lot or contiguous lots of land three
(3) acres or more in size, or the construction of any building or
structure upon any lot or contiguous lots of land three (3) acres
or more in size.
Trees not on the list of prohibited trees in the Zoning Ordinance
that have a caliper of ten (10) inches or more or eight (8) feet or
higher for evergreens.
The outer existing tree canopy circumference projected perpendicular
onto the ground, where rain water would drip from the outer tree leaf
tips to the ground. The drip-line includes the tree canopy area within
the circumference of the tree.
The area extending from the trunk of a tree to ten (10) feet
beyond its perimeter tree drip-line that must be protected and remain
undisturbed throughout construction.
Trees from the "Plant Material Not Allowed" list in the Zoning
Ordinance, or trees that are known to be messy (drop large fruit,
drop drupe fruit, drop large nuts over one (1) inch in diameter, drop
large seed pods over three (3) inches in length, consistently drop
twigs), have weak wood, have untreatable pests, or are uncontrollably
invasive. The following trees are exempt: Black Walnut, Extra Large
Pecan, Mixed Hickory, Pecan, Persimmon, Wild Plum, Sycamore and Missouri
natives.
D.Â
Preservation
Requirements. Thirty-five percent (35%) of the existing trees must
be preserved by the owner/developer of the site. City of Arnold staff
may approve removal of up to sixty-five percent (65%) of the existing
site trees as part of the tree preservation and ultimate development
plan.
E.Â
Tree
Preservation Plan Required.
1.Â
Provide the surveyed location and DBH of existing deciduous
trees of five (5) inch DBH or greater, existing evergreen trees five
(5) feet in height or greater, perimeter of existing shrub and tree
masses over twenty-four (24) inches in height on the site utility
and topographic survey for the development. Provide the surveyed location
of any other existing trees and shrubs around existing buildings or
structures desired to be considered for satisfaction of landscape
planting requirements. The site existing conditions utility and topographic
survey, with tree and vegetative masses shown, shall be submitted
along with the Tree Preservation Plan, and shall serve as the basis
of the proposed Tree Preservation Plan.
2.Â
A Tree Preservation Plan is required when trees are to be removed
in all zone classifications identified in the Zoning Ordinance and
must include the following information:
a.Â
The following plan may be prepared by a Licensed Land Surveyor
or Professional Engineer:
(1)Â
The Tree Preservation Plan must include a written
statement of the proposed work to be accomplished and a site plan.
(2)Â
The Tree Preservation Plan must use the site utility
and topographic survey as the base, showing all current existing structures,
utility lines and structures and site topography indicated at a maximum
of two (2) foot contours.
(3)Â
The Tree Preservation Plan must show the location
of proposed grading, the proposed structure(s) and associated parking,
as well as all existing and proposed utility cuts, hard surface and
right-of-way.
b.Â
The following plan must be prepared, signed, and sealed by an
International Society of Arboriculture (ISA) certified Arborist or
a Missouri licensed Landscape Architect:
(1)Â
The Tree Preservation Plan must include the location
and species of existing, DBH and measured tree drip-line of existing
trees with a DBH of five (5) inches or more for deciduous trees or
five (5) feet or more in height for evergreens. The plan must also
indicate whether the trees are to be preserved or removed and outline
the methods of tree or root pruning required in the effort to preserve
the tree or trees if applicable. The Tree Preservation Plan should
match the scale and orientation of the original site survey drawing.
(2)Â
Show the number, size and species of additional trees to be planted in a planting schedule and reference the trees on the plan with a planting symbol representing and measuring its expected mature canopy size along with a lettered key with tree quantity indicated. All trees to be planted must be from the approved tree list in the Zoning Ordinance. Refer to Subsection (F), Replacement Requirements, below.
(3)Â
Provide a planting schedule with the following
information for each tree: two (2) to four (4) letter identification
key code, botanical name, common name, size (DBH or height), condition
(balled and burlapped or container size), remarks (single stem, multi-stem,
etc.), spacing (typical spacing between plants, if applicable).
3.Â
A Tree Preservation Plan is not required for New Development as exempted
below unless such New Development causes a major adverse impact to
runoff and diversion of storm water or streams, erosion, risk of landslide,
infiltration of pollution into ground water, or major adverse impacts
to safety and security of adjacent properties, as determined by the
Community Development Director or assigns:
a.Â
When Such New Development Is Limited To The Re-Subdivision Of Developed
Land And No Additional Land Disturbance Is Proposed. In such cases,
subdivision approval shall be so conditioned to include a requirement
that any further subdivision of any portion of such land, any grading,
or any construction shall warrant a Tree Preservation Plan regardless
of tract or parcel size.
b.Â
When Such New Development Is Limited To The Grading For And/Or The
Construction Of One (1) Single- Or Two-Family House, And No Subdivision
Of Land Is Involved. In such cases, grading and building permit approval
shall be so conditioned to include a requirement that any future subdivision
of such land shall warrant a Tree Preservation Plan regardless of
tract or parcel size.
F.Â
Replacement
Requirements. Any tree with a DBH of five (5) inches or more for deciduous
trees, or five (5) feet or more in height for evergreens, to be removed
from the required thirty-five percent (35%) preserved area shall be
replaced DBH for DBH with deciduous trees and height for height with
evergreens of the tree removed. The minimum size of the replacement
tree is six (6) inch DBH for deciduous trees or six (6) feet in height
for evergreens. The replacement trees do not count towards the landscape
requirements provided for in the Zoning Ordinance.
G.Â
Credit.
1.Â
For every one percent (1%) of existing trees saved above the
required thirty-five percent (35%), the developer shall be credited
toward the landscape requirements in the Zoning Ordinance as follows:
a.Â
Undesirable trees not on the City's banned tree list shall be
credited for two percent (2%) toward landscape requirements.
b.Â
Desirable trees shall be credited for three percent (3%) toward
landscape requirements.
c.Â
Desirable trees in the fifteen-foot buffer area around the property
shall be credited for four percent (4%) toward landscape requirements.
d.Â
Premium trees kept shall count as double. In the fifteen-foot
buffer area it shall be credited as eight percent (8%) and in other
areas it shall be six percent (6%) toward landscape requirements.
e.Â
Storm water systems using best management practices such as
rain gardens, or equivalent (not traditional detention basin) may
receive up to a three percent (3%) credit toward the Tree Preservation
Plan.
2.Â
In order to minimize interference with overhead utility lines,
all large canopy shade trees and evergreen trees located within existing
and proposed overhead utility easements shall be removed by the applicant
so as to limit the potential for damage to utility distribution facilities.
Specific trees and landscaping materials may be retained if they will
not damage or interfere with the delivery of utility service at normal
mature height. Trees removed from existing/proposed utility easements
shall count toward the sixty-five percent (65%) removed.
3.Â
Any land for right-of-way dedication to a political subdivision
of the State shall not be included in tree preservation calculations
or credits.
H.Â
Marking
Of Trees. Prior to any tree removal or commencement of construction
on a site and during the plan approval process, the following uniform
colored ribbon system shall be used: Red for trees to be saved; blue
for trees to be removed.
I.Â
Protection
Measures During Construction. All trees on public or private property
that are designated for preservation shall be guarded by a four-foot
high barrier that designates the enclosed area as a tree protection
zone. This enclosure shall extend ten (10) feet past the tree canopy.
No building materials, waste materials, excess dirt, construction
debris, equipment or vehicles shall be allowed within this protection
zone.
J.Â
Protection
Measures After Construction. The trees preserved and planted must
be maintained by the owner or developer in a healthy growing condition
for two (2) years after the issuance of an occupancy permit. Plant
materials that exhibit damage must be restored to healthy condition
or replaced DBH for DBH within the next growing season.
K.Â
Tree
Preservation Easement. Trees designated for preservation must be placed
in a tree preservation easement with script indicating they are not
to be removed.
L.Â
Waivers
And Deviations. The City may grant requests for waivers and deviations
from this Section when such requests are in harmony with the general
purposes and intent of the ordinance and substantially consistent
with the comprehensive plan.
[Ord. No. 14.567 (Bill No. 2858), 6-15-2023]
1.Â
Waivers.
a.Â
When the person or entity responsible for tree removal under
this Section has filed a petition for waiver of the tree survey and/or
tree permit, setting forth specific reasons related to the nature
of the property and/or the location of the trees on it that make it
impractical or otherwise unnecessary to conduct a tree survey or obtain
a permit, the Planning Commission may waive the survey and permit
requirements under this Section, but only upon a finding that such
conditions warranting a waiver exist, when considering the purposes
of this Section.
Grounds for such a waiver, include, but are not limited to,
cases where there are an unusually small number of trees on the parcel
[e.g., ten (10) trees on a 15-acre lot] or where the applicant seeks
to alter the parcel pursuant to any local, State, or Federal regulatory
requirements. Additionally, the Planning Commission may waive the
tree survey requirement when the person or entity responsible for
tree removal under this Section has received certification from a
licensed engineer, licensed landscape architect or certified arborist
(or other professional acceptable to the Planning Commission) that
the proposed development will not encroach upon existing tree masses
or that the proposed tree removal will not exceed the applicable percentages
as delineated in this Section.
2.Â
Deviations.
a.Â
Requests for deviations from the strict requirements of this Section
must be made, in writing, to the Planning Commission outlining the
justification for request that addresses the following criteria:
(1)Â
The granting of the deviation will not be detrimental to the
public safety, health, or welfare or injurious to other property or
improvements in the neighborhood in which is located.
(2)Â
The conditions upon which the request for the deviation
is based are unique to the property to which the deviation is sought,
and are not generally applicable to other property.
(3)Â
Because of the particular physical surroundings,
shape, or topographical conditions of the specific property involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the letter of these regulations are
carried out.
M.Â
Appeals.
Any party dissatisfied upon the denial of a waiver or deviation from
the strict requirements of this Section by the Planning Commission
may file an appeal with the Council requesting a determination from
that body. A notice of appeal shall be filed within seven (7) days
after the Planning Commission's action. Notice of appeal to the Council
shall be in writing and shall be filed with the City Clerk.
[Ord. No. 14.567 (Bill No. 2858), 6-15-2023]
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
The Community Development Director of the City of Arnold shall be
the Zoning Enforcement Officer, and shall enforce the provisions of
this Chapter. The Community Development Director may deputize one
(1) or more members of his/her department, as well as members of other
City departments, who have a particular skill or competence to act
for him/her, and the term "Zoning Enforcement Officer" as used elsewhere
in this Chapter shall be deemed to include such deputies, but no order
or other enforcement action shall be issued unless approved and signed
or countersigned by the Community Development Director.
B.Â
The Zoning Enforcement Officer shall enforce the provisions of this
Chapter through issuance of building permits, occupancy permits, by
means of field inspections and other duties delineated herein to assure
conformance with this Chapter. Upon the advice of the City Attorney,
the Zoning Enforcement Officer shall take appropriate action to assure
that all uses and developments in the City of Arnold shall comply
with this Chapter and any ruling made pursuant thereto. The Zoning
Enforcement Officer is authorized to inspect or cause to be inspected
any building or other structure or any land on which work is in progress,
and to order stoppage of work being done in violation of the zoning
ordinance. He/she shall inspect or cause to be inspected such premises
after work is completed, and shall not issue an occupancy permit until
final inspection has been made.
C.Â
The Zoning Enforcement Officer shall have the power to adopt such
administrative regulations as he/she deems necessary to the carrying
out of his/her enforcement responsibilities, which regulations shall
have general applicability to causes of similar character.
D.Â
No building or structure or part thereof shall hereafter be erected,
constructed, or enlarged, nor shall any building or structure or land
or part thereof be hereafter occupied or used in any case of establishment
of a new use, extension or alteration of a use, or conversion from
one use to another use, until the Zoning Enforcement Officer shall
issue a proper permit, except that no permit shall be required for
the raising of agricultural crops.
E.Â
No building or structure shall be erected, constructed, reconstructed,
or enlarged, nor shall any such work be started without a building
permit being issued by the Zoning Enforcement Officer, which permit
shall state that the permitted construction must comply with the provisions
of this zoning ordinance.
F.Â
Except as hereinabove provided, no land shall be occupied or used
in whole or in part for any purpose until an occupancy permit is issued
by the Zoning Enforcement Officer, which permit shall state that the
structure and use comply with the provisions of the zoning ordinance.
The use of any land or building or structure or part thereof, now
or hereafter erected, shall not be changed until an occupancy permit
is issued by the Zoning Enforcement Officer. No occupancy permit shall
be issued for a change in use unless such change is in conformity
with the provisions of the zoning ordinance.
G.Â
The Commission and the Zoning Enforcement Officer are hereby empowered,
in the performance of their functions, to enter upon any land in the
City of Arnold for the purpose of making inspections, examinations,
and surveys, or to place and maintain thereon monuments, markers,
notices, signs or placards required to effectuate the purpose and
provisions of this Chapter. The Commission shall be required to present
proper credentials upon demand when entering upon any land or structure
for the purpose of this Section.
H.Â
The Zoning Enforcement Officer, his/her deputies or inspectors may
cause the cessation of any erection, construction, reconstruction,
alteration, conversion, maintenance or use in violation of the zoning
ordinance by posting of a stop work or stop use notice on the premises
and by notice in writing to the owner of the property involved or
to his/her agent or to the person doing the work in the case of a
stop work order, stating the nature of the violation.
I.Â
The Zoning Enforcement Officer may refer any violation of the zoning
ordinance to the City Attorney for prosecution or other appropriate
action.
J.Â
The City Police shall aid the Zoning Enforcement Officer in enforcing
the zoning ordinance by posting a stop work or stop use notice when
requested by the Zoning Enforcement Officer.
K.Â
Filing Of Plans. All applications for building permits shall be accompanied
by plans in triplicate, drawn to scale showing the actual shape and
dimensions of the lot to be built upon, the exact size and location
on the lot of the buildings and accessory buildings existing, and
the lines within which the buildings or structures shall be erected
or altered, the existing and intended use of each building or part
of building, the number of families the building is designed to accommodate,
and such other information with regard to the lot and neighboring
lots as may be necessary to determine and provide for the enforcement
of this Chapter. One (1) copy of such plans shall be returned to the
owner when such plans shall have been approved by the Community Development
Director.
L.Â
Penalties For Violation Of Zoning Ordinance.
1.Â
Any person, persons, firm, association or corporation violating
any provisions of the zoning ordinance of the City of Arnold, Missouri,
or any employee, assistant, agent, or any other person participating
or taking any part in, joining or aiding in a violation of any provision
of the zoning ordinance may be prosecuted as provided by law for the
violation of ordinances of the City of Arnold and upon conviction
shall be punished by a fine not exceeding five hundred dollars ($500.00)
for any one (1) offense or ninety (90) days imprisonment. Each day
a violation continues after service of written notice to state such
violation shall constitute a separate offense.
2.Â
In addition to the penalties hereinabove authorized and established,
the City Attorney shall take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violation of this Chapter.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020; Ord. No. 1.282 (Bill No. 2857), 6-15-2023]
A.Â
Appointment And Membership. A Board of Adjustment is hereby established.
The word "Board," when used in this Section, shall mean the Board
of Adjustment. The Board of Adjustment shall consist of five (5) members,
who shall be residents of the City, appointed by the Mayor and approved
by Council. The term of office of the members of the Board shall be
for five (5) years, except that the five (5) members first (1st) appointed
shall serve respectively for the terms of one (1) year, two (2) years,
three (3) years, four (4) years, and five (5) years each. Three (3)
alternate members to the Board shall be appointed by the Mayor and
approved by Council to serve in the absence or disqualification of
any of the regular members. The term of office of the alternate members
shall be for three (3) years, except that the first three (3) alternate
members shall be for one (1) year, two (2) years, and three (3) years
respectively. Vacancies shall be filled for the unexpired term of
any member or alternate whose term becomes vacant. All members and
alternates shall be removable for cause by the Mayor and Council for
non-performance of duty, misconduct in office, or other cause upon
written charges and after public hearing.
B.Â
Board Shall Elect Officers. The Board shall elect its Chairman and
Secretary from among the regular members. The term of the Chairman
and Secretary shall be for one (1) year with eligibility for re- election.
C.Â
Board Shall Adopt Rules And Regulations. The Board shall adopt from
time to time such rules and regulations as may be necessary to carry
into effect the provisions of this Chapter.
D.Â
Meetings. Meetings of the Board shall be held at the call of the
Chairman and at such other times as the Board may determine. Such
Chairman, or in his/her absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board shall be open to the public. Unless compelling public necessity
requires a lesser amount of time, fifteen (15) days' notice of all
hearings shall be provided as follows:
E.Â
Alternates To Serve. Alternates shall serve as provided herein.
1.Â
Alternates shall serve at the call of the Chairman or Acting
Chairman in the absence or disqualification of the regular members
of the Board of Adjustment.
2.Â
Alternates shall, whenever possible, rotate substitution duties.
3.Â
Alternates shall have all the duties and powers of a regular
member during the hearing for which he/she is substituting.
4.Â
If an alternate has begun to hear a case, he/she shall remain
as a member of that Board quorum until a decision has been rendered
on that particular case.
5.Â
Alternates may serve on any appeal case, regardless of applicant
preference.
F.Â
Records. The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions. All such records shall be immediately
filed in the office of the Board and shall be public record. All testimony
shall be taken down by a reporter employed by the Board for that purpose.
It shall be the duty of the Secretary to see that all records are
kept in accordance with this Section.
G.Â
Appeals. Appeals to the Board may be taken by any person aggrieved,
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by any office, department, board, or
bureau of the City of Arnold affected by any decision of the Zoning
Enforcement Officer. Such appeal shall be taken within reasonable
time as prescribed by the Board by general rule, by filing with the
Zoning Enforcement Officer and with the Board a notice of appeal specifying
the grounds thereof.
H.Â
Appeals shall be submitted upon forms provided for that purpose and
shall show the minimum information as prescribed on the forms. It
shall be the responsibility of the appellant to furnish such maps,
data, and information as may be prescribed for that purpose by the
Board so as to assure fullest practical presentation of facts for
the permanent record.
I.Â
The Zoning Enforcement Officer shall forthwith transmit to the Board
all the papers constituting the record upon which the appeal is taken.
J.Â
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Enforcement Officer certifies to the Board,
after the notice of appeal shall have been filed with him/her, that
by reason of facts stated in the certificate would, in his/her opinion,
cause eminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board or by a court of record on application or
notice to the officer from whom the appeal is taken and on due cause
shown. In such cases of peril to life or property, fifteen (15) days'
notice in the newspaper shall not be required but due notice to parties
in interest shall be given.
K.Â
Jurisdiction Of Board. The Board of Adjustment shall have the following
duties:
1.Â
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Zoning Enforcement Officer in the enforcement of this Chapter.
2.Â
To hear and decide all matters referred to the Board or upon
which it is required to review by ordinance.
3.Â
To permit the reconstruction of a non-conforming building which
has been destroyed or partially destroyed by fire or other act of
God where the Board shall find compelling public necessity requiring
a continuance of the non-conforming use.
4.Â
To authorize, as a special exception, the change of a non-conforming
use to another non-conforming use, either by general rule or by making
findings in the specific case, to a proposed use equally appropriate
or more appropriate to the district than the existing non-conforming
use. In permitting any such change, the Board of Adjustment may require
appropriate conditions and safeguards in accordance with the provisions
of this Chapter.
5.Â
To authorize a variance where practical difficulties or extraordinary
hardships would result from strict compliance with these regulations
and amount to a practical confiscation of such property as distinguished
from a mere inconvenience. The Board may grant a variance so that
substantial justice may be done and the public interest secured, provided
such variance shall not have the effect of nullifying the intent or
purposes of these regulations; and, further, provided, the Board shall
not grant variances unless it shall make findings based upon the evidence
presented to it in each specific case that all review criteria contained
in this Section are satisfied:
a.Â
The granting of the variance will not be detrimental to the
public safety, health, or welfare or injurious to other property or
improvements in the neighborhood in which the property is located.
(1)Â
In addition to the general requirement to ensure that the variance
will not be detrimental to the public safety health or welfare the
determining the foregoing, the Board shall consider whether, and to
what extent, the proposed variation will impair an adequate supply
of light and air to adjacent property, or increase the danger of fire,
or diminish or impair property values within the neighborhood.
b.Â
The conditions upon which the request for a variance is based
are unique to the property to which the variance is sought, and are
not applicable generally to other property.
c.Â
Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the letter of these regulations is carried out.
d.Â
The inability to obviate the difficulty or hardship by some
method, feasible for the applicants to pursue, other than the variance.
e.Â
The variance requested is the minimum necessary to overcome
the difficulty or hardship which was the basis for the requested variance.
f.Â
That the alleged difficulty or hardship has not been created
by any person having an interest in the property at any time.
g.Â
The variance can be granted without substantial impairment to
the intent, purpose and integrity of the comprehensive plan or any
master plan, neighborhood plan, or transportation plan affecting the
subject property.
L.Â
Conditions. In granting variances, the Board of Adjustment may require
conditions as it will, in its judgment, secure substantially the objectives
or requirements of these regulations.
M.Â
In exercising the above-mentioned powers, the Board may reverse or
affirm, wholly or partly, or may modify the 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.
N.Â
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse or modify any order, requirement, decision,
or determination of the Zoning Enforcement Officer, or to decide on
any matter which it is required to pass under this Chapter, or to
affect any variance in this Chapter.
O.Â
In the event that any application is denied by the Board of Adjustment,
a reapplication concerning the same property or site shall not be
accepted until six (6) months following the date of final action on
the original application has elapsed, unless it can be shown to the
satisfaction of the Zoning Enforcement Officer or his/her designated
representative that:
P.Â
Appeals Of Board Decisions.
1.Â
Any person or persons jointly or severally aggrieved by any decision
of the Board of Adjustment or of any officer, department, commission,
board or bureau of the City of Arnold may present to the Circuit Court
having jurisdiction in Jefferson County, a petition, duly verified,
stating 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
receipt of notice of the decision of the Board or such officer, department,
commission, board or bureau.
2.Â
Costs shall not be allowed against the Board in any such action
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.
Q.Â
Notice Of Hearings — Signs.
1.Â
Sign Content. All signs required by this Section shall be entitled
"PUBLIC NOTICE" and shall state the time and place of the hearing,
the subject matter of the hearing, and any other relevant information
determined to be instructive to the public, as directed by the Community
Development Department.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
Any person, persons, any neighborhood organization as defined
in Section 32.105, RSMo., representing such person, or any board,
department, or bureau of the municipality aggrieved by any decision
of the Board may present to the Circuit Court of the County a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition
shall be presented to the court within thirty (30) days after the
filing of the decision in the office of the Board.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
The
regulations, restrictions, and boundaries as set forth in this Chapter
may from time to time be amended, supplemented, changed, or repealed
whenever the public necessity and convenience and general welfare
require such amendment by the following procedures:
1.Â
The regulations, restrictions, and boundaries may be amended,
supplemented, changed or repealed by the City Council, or petitioned
for a change by the legal owner of the property in question, provided,
however, that no such action shall be taken until such proposal has
first been reviewed by the Planning Commission and a report and recommendation
thereon is made to the City Council.
No action shall be taken by the Planning Commission until after
a public hearing has been held in relation thereto, at which parties
in interest and citizens shall have the opportunity to be heard. Likewise,
the City Council shall not take any action until after they have held
a public hearing.
At least fifteen (15) days' notice of the time and place of
such hearings shall be published in an official newspaper or a paper
of general circulation in the City. A sign shall be posted in a conspicuous
place upon said land at a point nearest to the right-of-way of any
street or roadway abutting such land, and so as to be clearly visible
to the traveled portion of such street or roadway.
The sign or signs shall be four (4) feet by four (4) feet in
size, state the nature of the request, and the date and place of the
public hearing. The copy shall be legible with lettering not less
than four (4) inches in height and not less than one (1) inch in width.
2.Â
Changes in district boundaries or classifications, or restrictions
shall only be approved under the following conditions:
a.Â
The extension of an existing boundary where said change will
not be detrimental and where it is shown that such change is necessary
for public convenience or necessity;
b.Â
There has been significant change in the area to warrant a
change in zoning classification;
c.Â
It is shown that a mistake was made in the original Zoning
Map;
d.Â
A change that would make the zoning classification reflect
the proposed use in the land use plan of the City of Arnold; or
e.Â
Other changes where it is shown to be in the best interests
for the health, safety, and welfare of the citizens of the City of
Arnold.
3.Â
Protest. In case of protest against such Planning Commission
recommendation, the below process shall be followed:
Owners of thirty percent (30%) by area (exclusive of streets
and alleys) of the property within one hundred eighty-five (185) feet
of the property in question or included in such proposed change may
file a protest, duly signed and acknowledged, with the Council.
The City Clerk must receive such protest within seven (7) days after the Planning Commission meeting at which the Commission completed its recommendation to the City Council. Such protest to the Council shall be in writing, stating how the proposed change does not comply with the above listed conditions outlined in Subsection (A)(2) and shall be filed in duplicate with the City Clerk for verification.
Upon verification of the protest, such amendment shall not become
effective except by the favorable vote of two-thirds (2/3) of all
the members of the City Council.
4.Â
No duplicate rezoning requests involving the same parcel or
tract of land, or part thereof, regardless of any change in ownership,
shall be considered by the Planning Commission or City Council until
a period of six (6) months shall have passed from the date of final
action by the City Council.
5.Â
Any decisions regarding changes in regulations, restrictions,
and boundaries may be appealed to the Circuit Court, provided such
appeal shall be made within thirty (30) days after the mailing or
delivery of the notice of final decision.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
There shall be a fee charged for reviews, permits, appeals,
and other matters pertaining to this Chapter in accordance with the
Community Development Fee Schedule as established and adopted by the
City Council from time to time.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.Â
Provisions
Of Ordinance Declared To Be Minimum. In their interpretation and application,
the provisions of this Chapter shall be held as minimum requirements,
adopted for the promotion of the public health, safety, morals, or
general welfare. Wherever the requirements of this Chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, ordinances, deed restrictions, or covenants, the most
restrictive, or that imposing higher standards, shall govern.
B.Â
Separability
Clause. Should any Section or provision of this Chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.