[Ord. No. 390 §13, 12-11-1968; Ord. No. 446 §12, 1-11-1972; Ord. No. 688 §1, 9-11-1984; Ord.
No. 713 §§1 — 2, 1-14-1986; Ord. No. 812 §1, 8-14-1989; Ord. No. 94-995 §1, 5-17-1994; Ord.
No. 95-1031A §1, 3-21-1995; Ord. No. 1094 §2, 5-20-1997; Ord.
No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001; Ord.
No. 2011-1669 §1, 10-18-2011; Ord. No. 2011-1671 §1, 11-15-2011; Ord. No. 2011-1672 §2, 11-15-2011; Ord. No. 2014-1742 § 1, 9-24-2014; Ord. No. 2016-1796 § 1, 6-21-2016; Ord. No. 2017-1801 § 1, 1-17-2017]
A. The regulations of this Section qualify or supplement, as the case
may be, the district regulations appearing elsewhere in this Chapter.
B. Height.
1.
Chimneys, towers, monuments, cupolas, domes, spires, false mansards,
parapet walls and similar structures and necessary mechanical appurtenances
may be erected to any height in accordance with existing or hereafter
adopted ordinances of the City of Frontenac. This exception does not
pertain to the Planned High Fashion Center District unless specific
permission has been granted by the Planning and Zoning Commission
and the Board of Aldermen.
2.
Churches, public and semi-public buildings and schools may be
erected to a height not exceeding three (3) stories or fifty (50)
feet, provided that the front, side and rear yards are increased an
additional two (2) feet for each foot such buildings exceed the height
limitation of the district in which they are located.
3.
No residential accessory building or structure shall exceed
twenty (20) feet in height or the height of the residential building
on the same lot, whichever is less.
C. Yards.
1.
Accessory buildings and structures, which are not a part of
the main building, may be built in a rear yard within fifteen (15)
feet of the rear and side lot lines. Accessory buildings and structures
which are not a part of the main building shall not occupy more than
twenty percent (20%) of the required rear yard and shall be located
not less than sixty (60) feet from any front lot line.
2.
Accessory buildings, which are to be used for storage purposes
only, may be erected upon a lot prior to the construction of the main
building, but no accessory building shall be used for dwelling purposes
except by servants employed on the premises.
3.
Every part of a required yard shall be open to the sky unobstructed,
except for accessory buildings and structures in a rear yard, and
except for the ordinary projections of skylights, sills, belt courses,
cornices and ornamental features projecting not more than twelve (12)
inches from the vertical plane of the main building.
4.
Wherever existing lots comprising forty percent (40%) or more
of the frontage between two (2) intersecting streets or within five
hundred (500) feet of a lot to be developed, whichever distance is
less, improved with buildings that have observed a front yard line
having a variation in depth of not more than ten (10) feet, no building
shall project beyond the average front yard so established, but this
regulation shall not be so interpreted to require a front yard of
more than twice the minimum depth required in the district in which
the building is located.
5.
Entry Gates. A gate erected at the entrance of any subdivision or residence and controlling access to or from a public or private street within the City may only be constructed or installed pursuant to a permit issued by the Board of Aldermen following review by the Planning and Zoning Commission in accord with the standards and procedures provided for issuance of a conditional use permit pursuant to Section
405.140 and payment of a processing fee equivalent to that specified for conditional use permits, and compliance with the following additional standards and conditions:
a.
No portion of any gate or decorative monument or pillar shall
exceed nine (9) feet in height;
b.
An easily accessible and convenient on-site unencoded device
or coded device (with code provided) for use by City's Police and
Fire Departments to open any access gate shall be available and operating
properly at all times; in addition each gate shall be equipped with
a properly operating "whelp activated" sound sensor that allows immediate
access whenever an emergency siren is activated, and a manual device
to open the gate from each side in the event of a power outage or
failure;
c.
The gate shall be set back at least twenty (20) feet from the
right-of-way of any adjoining street to provide ample space for one
(1) or more vehicles to await the opening of the gate, without blocking
the street;
d.
The gate shall be constructed in such manner and of such materials
to permit easy viewing through each side of the gate of persons or
automobiles on the opposite side;
e.
The gate shall remain open at all times during the hours from
8:00 A.M. to 6:00 P.M. each weekday, Monday through Friday, inclusive;
f.
The gate shall open inward towards the subdivision or residence
and away from the street.
6.
Fence Regulations.
[Ord. No. 2023-2012, 4-18-2023]
a.
"R-1" District fences shall comply with the following:
(1) Rear yard fences shall be constructed of black
painted galvanized wrought iron/steel or black painted galvannealed
steel/iron or black painted aluminum. All fences shall be wrought
iron style with at least seventy percent (70%) open area.
(2) Rear yard fences shall not exceed six (6) feet in height except as permitted in Subsection
(C)(6)(d) and
(e) of this Section, below.
(3) Rear yard fences not exceeding forty-eight (48)
inches in height of wood rail, wood picket or wood rail with black
or green vinyl coated chain link or wire mesh covering may be installed
only if approved by the Frontenac Architectural Review Board upon
a finding that the location, design and materials of the proposed
fence are consistent and compatible with the surrounding built environment.
The wood rail or wood portion of the fence shall be at least seventy
percent (70%) open area.
(4) Subdivision entry fences that are installed parallel
to or along a road may be installed if approved by the Frontenac Architectural
Review Board upon a finding that the location, design and materials
of the proposed fence are consistent and compatible with the surrounding
built environment. Such fences shall be continuous into the subdivision
with no breaks except at driveways and walkways and shall be no taller
than forty-two (42) inches in height to the top rail.
(5) All other regulations of the City of Frontenac
shall apply.
(6) Any proposed rear yard fence that is not inconformity with Subsection
(C)(6)(a)(1) to
(5) shall require a variance issued by the Board of Adjustment.
(7) Except as expressly permitted by Subsection
(C)(6)(a)(3), no vinyl fence shall be permitted in the "R-1" District, regardless as to whether it is a new fence or replacing a pre-existing non-conforming fence.
b.
"R-2" District fences shall comply with the following:
(1) Rear yard fences in the "R-2" District shall not
exceed six (6) feet in height.
(2) Chain link, wire mesh, barbed wire and above ground
electric fences are prohibited.
(3) All other regulations of the City of Frontenac
shall apply.
c.
Installation of a sight-proof (as defined in the zoning regulations)
fence not higher than six (6) feet in height along the side or rear
yard of a property in the "R-1" or "R-2" Residence District abutting
a property in any other district or a non-residential property use
is permitted upon review and approval by the Frontenac Architectural
Review Board upon a finding that the location, design and materials
of the proposed fence are consistent and compatible with the surrounding
built environment prior to issuance of a building permit.
d.
Sports courts may be enclosed by a vinyl-coated chain link or
other architecturally treated fence not exceeding twelve (12) feet
in height located in the rear yard (as defined in the zoning regulations)
if approved by the Frontenac Architectural Review Board as to location,
design and materials.
e.
School properties may be permitted to have vinyl-coated chain
link fences in the "R-1" District. Such fences may be approved up
to twelve (12) feet in height depending on the location and use of
the fence such as, but not limited to, tennis sports courts or baseball
fields. Vinyl chain link fences may have safety protective elements
such as yellow padding on the supporting posts and rails. Vinyl chain
link fences are not permitted within the required front building line
setback. All vinyl-coated chain link fences are subject to review
and approval of the Frontenac Architectural Review Board as to location,
design, materials and height.
f.
Fences in front and side yards in residential zoning districts
shall comply with the following:
(1) The fence must be an architectural feature of the
property rather than a typical utilitarian fence to keep animals enclosed
or to demarcate a play area.
(2) A front yard fence shall be limited in height to
no more than three (3) feet tall.
(3) The fence should have an open feel with a minimum
of sixty percent (60%) open area.
(4) The fence shall be set back from the street at
least five (5) feet.
(5) Material shall be limited to wood, wrought iron
or similar material.
(6) Front and side yard fences require approval by Frontenac Architectural Review Board (ARB) as to location, design materials and landscaping. This review shall be for approval of material, landscaping, location and compliance with the minimum standards and objectives set forth in these regulations, and compatible with the surrounding built environment. Any proposed front or side yard fence that is not inconformity with Subsection
(C)(6)(f)(1) to
(5) shall require a variance issued by the Board of Adjustment.
g.
All fencing as permitted by this Section shall have equal architectural
treatment on both sides as approved by the Frontenac Architectural
Review Board.
h.
Fences existing at the time of adoption of these regulations
that do not comply with these regulations may remain as legal nonconformities.
Legal non-conforming fences, except as provided below, may be maintained,
repaired or replaced with like design and color, or may be replaced
with another non-conforming fence if replacement is reviewed and approved
by the Frontenac Architectural Review Board as to location, design
and materials and is determined to be a better quality design than
the original fence and compatible with the surrounding built environment.
Non-conforming chain link or wire mesh fences may not be replaced
with a like design; however, up to twenty-five percent (25%) of such
fences may be repaired.
i.
Fences installed in connection with chicken coops are governed by the regulations set forth in Section
215.240 of the City's Municipal Code.
j.
The provisions of this Section are severable, such that if any
provision of this Section should be found to be unenforceable under
Section 67.494, RSMo., or other applicable law, such ruling shall
not affect the enforceability of any other regulation contained herein
not specifically invalidated by such ruling.
D. Area. More than one (1) industrial, commercial or institutional building
may be erected upon a single lot or tract, but the yards and open
spaces required around the boundaries of the lot or tract shall not
be encroached upon by any such buildings.
E. Portable
Restrooms.
[Ord. No. 2017-1833, 12-19-2017]
1. Portable Restrooms. Portable restrooms are restroom facilities which
are not permanently anchored to the ground and do not have a connection
to a sanitary sewer system and water system.
2. Construction Projects.
a. Portable restrooms for construction projects are permitted to be
placed only on the property for which the construction is taking place,
with a valid building permit.
b. Portable construction restrooms shall be located as far from the
neighboring property lines as possible as approved by the Frontenac
Building Commissioner and Zoning Administrator.
c. Portable construction restrooms shall be located in an area that
is screened from the neighboring properties by existing landscaping
or other means of screening to the greatest extent possible as approved
by the Building Commissioner and Zoning Administrator.
d. Portable construction restrooms shall not be placed in a City right-of-way
with the exception of City or utility company construction projects.
The location of these restrooms shall be approved by the City Public
Works Director.
e. Portable restrooms must be serviced on a regular basis to avoid odors.
3. Portable Restrooms For Events Or Other Activities.
a. Portable restrooms for events or other activities such as but not
limited to wedding receptions, graduations, sporting events and festivals
shall be on a temporary basis for the duration of the event only,
but no more than three (3) days.
b. Portable restrooms for events and other activities shall be located
as far as possible from neighboring properties as approved by the
Frontenac Building Commissioner and Zoning Administrator.
c. For events requiring more than three (3) days but less than thirty
(30) days, the use and location of portable restrooms must be approved,
in writing, by the Frontenac Building Commissioner and Zoning Administrator
following satisfactory demonstration by the applicant that there is
not a suitable alternative.
d. Portable restrooms for events requiring more than thirty (30) days
must be approved by a motion from the Frontenac Board of Aldermen.
e. Portable restrooms for events shall be serviced on a regular basis
to avoid odors.