City of Moscow Mills, MO District Regulations

Purpose of the district. The purpose of this district is to provide a location for land situated on the fringe of the urban area within the jurisdictional limits of the City that is used for agricultural purposes, but will be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, area and intensity of land use which is authorized in this district, is designed to encourage and protect any agricultural use until urbanization is warranted and the appropriate changes in the district classification are made.

Permitted uses. Only the following buildings, structures and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Single-family dwellings.

Agricultural uses and their accessory buildings.

Public and private parks and open spaces.

Public and private golf courses.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Churches or similar places of worship with accessory structures.

Public schools and institutions of higher learning.

A cemetery, airport, camp, hospital, sanitarium, or correctional facility.

Rodeo or fairgrounds.

Dog kennel.

Building height requirements. Not applicable.

Lot area requirements. Not applicable.

Percentage of lot coverage. Not applicable.

Yard requirements. Not applicable.

§ 46.070 P-1 Public Park Ground District.

Purpose of the district. The purpose of this district is to provide for public and private park ground and open space to enhance and preserve the City's recreational, scenic, and cultural areas in a natural state for use by the community.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Park ground and open space.

Recreational facilities (playground equipment, ballfields, swimming, picnicking, boating, fishing).

Pedestrian walkways and bike paths.

Wildlife habitats.

Historic sites and buildings.

Golf courses.

Buildings, pavilions, and storage sheds associated with typical park and recreational facility uses.

Building height requirements. No building shall be erected or enlarged which exceeds 2 1/2 stories in height or 35 feet in height, unless approved by the Planning and Zoning Commission.

Lot area requirements. Not applicable.

Percentage of lot coverage. Not applicable.

Yard requirements. The principal building shall be set back a minimum of 10 feet from a property line.

Architectural requirements. There are no specific architectural requirements, however, the architecture of the structures should complement the park setting in which they are located.

§ 46.075 R-1 Single-Family Residential District.

Purpose of the district. The purpose of this district is to provide for low-density single-family development on lots where water and sewer service is available or planned for in the near future and other accessory uses compatible with the residential environment. Also, this district provides for specific uses which may be permitted upon review and approval by the Planning and Zoning Commission.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Single-family dwellings.

Group homes.

Temporary buildings for uses incidental to construction work. Such buildings shall be immediately adjacent to said construction work and shall be removed upon completion or abandonment of the construction work.

Other customary accessory uses and structures, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory structure shall be located on the same lot with the principal structure.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Home occupations except those specifically prohibited in the Supplementary Regulations.

Public and private schools and institutions of higher education.

Public and quasi-public buildings including libraries and similar uses.

Churches and related buildings to include dwelling(s) for those employed by the Church.

Private recreational uses and related open spaces as may be affiliated with permitted residential developments.

Public park, playgrounds and similar activity areas including public recreation and service buildings.

Local public utility facilities.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

Special use permit required.

Mortuaries.

Single-user office in residential structure located on an arterial road or major collector road.

No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission.

Building height requirements. No building shall be erected or enlarged to exceed 2 1/2 stories, excluding the basement, or 35 feet in height.

Lot area requirements. Every single-family lot shall have a width of not less than 100 feet measured at the building line and an area of not less than the following:

Minimum lot size shall be 12,000 square feet, except as noted below. However, the number of permitted units shall not exceed one dwelling unit per 12,000 square feet of net developable area.

Single-family dwellings not served by a sanitary sewer system shall meet requirements of State of Missouri Department of Natural Resources.

All other uses. Lot areas shall be approved by the Planning and Zoning Commission, except mortuaries shall have a minimum lot size of three acres with minimum frontage of 200 feet and no access to subdivision streets.

Percentage of lot coverage. All buildings including accessory buildings and paved areas (driveways, patios, but excluding swimming pools) shall not cover more than 50% of the area of the lot.

Yard requirements.

The minimum yard requirements shall apply to each lot.

The minimum front yard depth (main entry) shall be 40 feet. Roof, canopy, and covered entranceways, including support posts, shall extend no more than four feet over the front building line.

Each side yard width shall be a minimum of 10% of lot width as measured at the front building line except lots which are on a cul-de-sac. However, in no case shall the side yard be less than 20 feet.

Rear yard depth shall be a minimum of 35 feet, except the rear yard depth on a corner lot may be 20 feet. Swimming pools, decks and open-air porches shall be excluded from the 35 feet and 20 feet depth requirements, however, these structures shall not be closer than six feet to the rear yard line. On irregularly shaped lots, when in doubt, the Administrative Officer shall make a determination as to what constitutes the rear yard setback line. However, in no case shall the rear yard depth be less than 20 feet, nor shall the City require a rear yard depth of greater than 35 feet.

Detached accessory buildings may not be used as dwelling units and shall be located in a rear yard. Detached accessory buildings shall be set back at least six feet from the side and rear lot lines and shall not be located within a public easement. It shall also not be located nearer the front lot line than the main building. An accessory building attached in any structural manner to the principal structure must conform to the side and rear requirements for principal structures.

Accessory buildings shall be separated by a distance of not less than 10 feet from any structure on the same lot. All detached accessory residential buildings shall not exceed one story or 14 feet in height. Such residential accessory buildings shall occupy no more than 30% of the rear yard and shall not exceed 500 square feet in area. Pools, patios and decks shall be exempt from the ten-foot separation requirement.

Accessory structures, including garages and sheds, shall be architecturally compatible with the general residential area and the primary structure. Accessory structures which are greater than 120 square feet shall not be constructed of metal, except aluminum siding.

Antennas shall be considered accessory structures and shall not exceed 15 feet in height when attached to a roof and 35 feet above ground when installed in the ground. A maximum of one antenna per lot shall be permitted.

Storage of building materials shall be within a residence, accessory building, or garage unless an active building permit has been issued.

In the event that greater than 50% of the existing dwelling structures on the same side of the street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than 10 feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than 20 feet from any roadway right-of-way line, nor shall a setback greater than 50 feet be required. This section shall not apply to subdivisions creating new streets or extending existing streets where no dwelling structures exist along such streets within the plat.

Floor area.

[Amended 11-9-2020 by Ord. No. 925]

All one-story residences shall contain a minimum of 1,800 square feet of livable floor space above grade except as noted in Subsection I3.

All two-story residences shall contain a minimum of 2,000 square feet of livable floor space above grade except as noted in Subsection I4.

A maximum of 20% of all lots shown on a record plat are permitted to have a reduction in house size to permit a house containing a minimum of 1,600 square feet of livable floor space above grade for a one-story house.

A maximum of 20% of all lots shown on a record plat are permitted to have a reduction in house size to permit a house containing a minimum of 1,800 square feet of livable floor space above-grade for a two-story house.

No more than two reducing sized houses are to be located adjacently along a street frontage.

Miscellaneous requirements.

Garages. Within all single-family residential developments, all houses shall be constructed to originally include a two car garage which shall be a minimum width of 20 feet.

Special use permit landscape provisions. Where a special use is adjacent to any residential property or residentially zoned property, a continuous visual screen with a minimum height of eight feet shall be provided on the rear and/or sides of the subject property lines within a ten-foot landscape buffer. Such screening shall consist of a solid fence or masonry wall of not less than eight feet; a compact evergreen hedge or foliage screening may be approved as an alternative by the Planning and Zoning Commission.

Landscaping. All landscape materials including, but not limited to, trees and shrubs, shall be maintained in a healthy fashion or shall be removed All landscape materials, including, but not limited to, soil, rock, timbers, mulch, and decorative stones, shall be stored within a residence, accessory building, or garage except during active project activity. Also, during active projects, materials shall not be stored so as to be hazardous or so as to cause a sight-distance problem. Active project activity shall be 60 days after project initiation.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

§ 46.080 R-1(A) Single-Family Residential District.

Purpose of the District. The purpose of this district is to provide for low-density single-family development on lots where water and sewer service is available or planned for in the near future and other accessory uses compatible with the residential environment. Also, this district provides for specific uses which may be permitted upon review and approval by the Planning and Zoning Commission.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Single-family dwellings.

Group homes.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Home occupations except those specifically prohibited in the Supplementary Regulations.

Public and private schools and institutions of higher education.

Public and quasi-public buildings including libraries and similar uses.

Churches and related buildings to include dwelling(s) for those employed by the Church.

Private recreational uses and related open spaces as may be affiliated with permitted residential developments.

Public park, playgrounds and similar activity areas including public recreation and service buildings.

Local public utility facilities.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

Special use permit required.

Mortuaries.

Single-user office in residential structure located on an arterial road or major collector road.

No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission.

Building height requirements. No building shall be erected or enlarged to exceed stories 2 1/2, excluding the basement, or 35 feet in height.

Lot area requirements. Every single-family lot shall have a width of not less than 50 feet measured at the building line and an area of not less than the following:

Minimum lot size shall be 8,400 square feet. However, the number of permitted units shall not exceed one dwelling unit per 8,400 square feet of net developable.

Single-family dwellings not served by a sanitary sewer system shall meet requirements of State of Missouri Department of Natural Resources.

Percentage of lot coverage. All buildings including accessory buildings and paved areas (driveways, patios, but excluding swimming pools) shall not cover more than 50% of the area of the lot.

Yard requirements.

The minimum yard requirements shall apply to each lot.

The minimum front yard depth (main entry) shall be 25 feet.

Each side yard width to be a minimum of 10% of lot width. However, in no case shall the side yard be less than seven feet.

Rear yard depth shall be a minimum of 25 feet, except the rear yard depth on a corner lot may be 15 feet. Swimming pools, decks and open-air porches shall be excluded from the 25 feet and 15 feet depth requirements, however, these structures shall not be closer than six feet to the rear yard line. On irregularly shaped lots, when in doubt, the Administrative Officer shall make a determination as to what constitutes the rear yard setback line. However, in no case shall the rear yard depth be not less than 15 feet, nor shall the City require a rear yard depth of greater than 25 feet.

Accessory buildings shall be separated by a distance of not less than 10 feet from any structure on the same lot. All detached, residential accessory buildings shall not exceed one story or 14 feet in height. Such residential accessory buildings shall occupy no more than 30% of the rear yard and shall not exceed 500 square feet in area. Pools, patios and decks shall be exempt from the ten-foot separation requirement.

Storage of building materials shall be within a residence, accessory building, or garage unless an active permit has been issued.

In the event that greater than 50% of the existing dwelling structures on the same side of the street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than 10 feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than 15 feet from any roadway right-of-way line, nor shall a setback of greater than 50 feet be required. This section shall not apply to subdivisions creating new streets or extending existing streets where no dwelling structures exist along such streets within the plat.

Floor area. Every single-family detached dwelling hereafter erected shall contain a floor area, exclusive of garage space and area over open porches as follows:

For all lots contained on plats recorded after adoption of this ordinance, all houses shall contain a minimum of 1,100 square feet of livable floor space completely above grade.

Miscellaneous requirements.

Garages. Within all single-family residential developments, all houses shall be constructed to originally include a two car garage which shall be a minimum width of 20 feet.

Landscaping. All landscape materials including, but not limited to, trees and shrubs, shall be maintained in a healthy fashion or shall be removed. All landscape materials including, but not limited to, soil, rock, timbers, mulch, and decorative stones shall be stored within a residence, accessory building, or garage except during active project activity. Also, during active projects, materials shall not be stored so as to be hazardous or so as to cause a sight-distance problem. Active project activity shall be 60 days after project initiation.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

§ 46.085 R-2 Two-Family Residential District.

Purpose of the district. The purpose of this district is to delineate areas in the City for two-family dwellings or semi-detached dwellings. Within this district, said regulations shall apply to the use of land with the exclusive exception of ownership, specifically the requirement of a common lot for ownership purposes. This district is intended to preserve areas for low to moderate-density including single-family dwellings. Also, this district provides for specific uses which may be permitted upon review and approval by the Planning and Zoning Commission.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Two-family dwellings.

Single-family dwellings.

Group homes.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Home occupations except those specifically prohibited in the Supplementary Regulations.

Public and private schools and institutions of higher education.

Public and quasi-public buildings including libraries and similar uses.

Churches and related buildings to include dwelling(s) for those employed by the Church.

Private recreational uses and related open spaces as may be affiliated with permitted residential developments.

Public park, playgrounds and similar activity areas including public recreation and service buildings.

Local public utility facilities.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

Special use permit required.

Mortuaries.

Single-user office in residential structure located on an arterial road or major collector road.

Building height requirements. No building shall be erected or enlarged to exceed 2 1/2 stories, excluding the basement, or 35 feet in height.

Lot area requirements.

Each two-family dwelling shall be located on a common lot having an area of at least 10,000 square feet and a width of 80 feet measured at the building line.

Unit area. All units on plats shall be a minimum of 1,100 square feet in area.

Percentage of lot coverage. All buildings including accessory buildings and paved areas (driveways, patios, but excluding swimming pools) shall not cover more than 50% of the area of the lot.

Yard requirements.

The minimum front yard depth (main entry) shall be 25 feet.

Each perimeter side yard width to be a minimum of 10% of lot width but need not be more than seven feet wide. The common interior lot line over which a building structure may be erected may have a zero feet setback.

Rear yard depth shall be a minimum of 25 feet, except the rear yard depth on a corner lot may be 15 feet.

Detached accessory buildings shall not be used as dwelling units and shall be located in a rear yard. Detached accessory buildings shall be set back at least six feet from the side and rear lot lines and shall not be located within a public easement. Detached accessory buildings shall also not be located nearer the front lot line than the main building. An accessory building attached in any structural manner to the principal structure must conform to the side and rear requirements for principal structures.

Accessory buildings shall be separated by a distance of not less than 10 feet from any structure on the same lot. All detached residential accessory buildings shall not exceed one story or 14 feet in height. Such residential accessory buildings shall occupy no more than 30% of the rear yard and shall not exceed 500 square feet in area. Pools, patios and decks shall be exempt from the ten-foot separation requirement.

In the event that greater than 50% of the existing dwelling structures on the same side of the street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than 10 feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than 15 feet from any roadway right-of-way line, nor shall a setback of greater than 50 feet be required. This section shall not apply to subdivisions creating new streets or extending streets where no dwelling structures exist along such streets within the plat.

All units shall include a two car garage which shall be a minimum of 20 feet in width.

Accessory structures, including garages and sheds, shall be architecturally compatible with the general residential area and the primary structure. Accessory structures that are greater than 120 square feet shall not be constructed of metal, except aluminum siding.

10.

Storage of building materials shall be within a residence, accessory building, or garage unless an active building permit has been issued.

11.

Landscaping. All landscape materials including, but not limited to, trees and shrubs, shall be maintained in a healthy fashion or shall be removed. All landscape materials shall be stored within a residence, accessory building, or garage except during active project activity. Also, during active projects, materials shall not be stored so as to be hazardous or so as to cause a sight distance problem. Active project activity shall be 60 days after project initiation.

Party wall agreement. For any duplex structure having separate ownership of each side of the unit, a party wall agreement between the owners shall be filed with the Lincoln County Recorder of Deeds office. Said agreement is to provide for maintenance responsibilities and aesthetic considerations of the structure.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

Where a special use is adjacent to any residential property or residentially zoned property, a continuous visual screen with a minimum height of eight feet shall be provided on the rear and/or sides of the subject property lines within a ten-foot landscape buffer. Such screening shall consist of a solid fence or masonry wall of not less than eight feet; a compact evergreen hedge or foliage screening may be approved as an alternative by the Planning and Zoning Commission.

§ 46.090 R-3 Multiple-Family Residential District.

[Amended 7-12-2021 by Ord. No. 960]

Purpose of the District.

It is the purpose of this district to provide for higher density residential development by allowing for multiple-family dwellings, in addition to single-family and two-family dwellings, developed at a moderate to high density. These areas are intended to be appropriately served by the public infrastructure and road system to support higher density development and also to serve as a transitional use between lower density residential and nonresidential developments.

The regulations set forth in this section or elsewhere in this chapter, when referred to in this section, are the regulations for the R-3 Multiple-Family Residential District.

Permitted uses. A building or premises shall be used only for the following purposes:

Any use permitted in the R-1, R1(A), and R-2 Districts.

Multiple-family dwellings or apartments, including three- and four-family dwellings, garden and townhouse apartments, loft dwellings, cluster homes, condominiums, and other arrangements of attached or detached buildings.

Accessory buildings, structures and uses.

A special use permit shall be required for mortuaries.

Building height requirements. No building shall be erected or enlarged to exceed three stories in height, nor shall it exceed 50 feet in height.

Lot requirements. The minimum lot width shall be 75 feet, except mortuaries shall have a minimum lot size of three acres, with a minimum frontage of 200 feet, and no access to subdivision streets.

Density. A minimum of one acre is required to develop a multifamily project. There shall not be more than 20 units per acre, and no more than 20 units attached to one another. All units shall be a minimum of 550 square feet.

Yard requirements. The following minimum yard depths shall be provided for individual lots:

The minimum front yard depth (main entry) shall be 25 feet. On the corner lot a fifteen-foot side building line may be permitted.

The minimum side yard width shall be no less than 15 feet.

Rear yard depth shall be a minimum of 25 feet. However, in conjunction with attached single-family units, swimming pools, decks and open-air porches shall be exempt from the rear yard setback; these structures shall not be closer than 10 feet to the rear yard line.

The following minimum distances shall be provided between principal buildings located on the same plot:

The side of a principal building shall not be located any closer than 20 feet to the side of another principal building.

There shall be a minimum of 40 feet from the front or rear of a principal building to any other principal building.

In the event that greater than 50% of the existing dwelling structures on the same side of the street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than 10 feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than 15 feet from any roadway right-of-way line, nor shall a setback of greater than 50 feet be required. This section shall not apply to subdivisions creating new streets or extending existing streets where no dwelling structures exist along such streets within the plat.

Miscellaneous requirements.

Exterior lighting shall be provided throughout the development to promote the security and safety of the residents, including parking, pedestrian, recreation, and open space areas. Such lighting shall be designed to prevent glare onto adjacent properties or into the dwelling units.

Where an R-3 District is adjacent to an R-1, R-1(A), or R-2 District, a landscaped greenbelt at least 10 feet in width shall be provided continuously on the back and/or sides of the development and shall consist of the following:

An eight-foot-high vinyl fence along the property line of the development.

All landscaping shall be maintained in a healthy growing condition by the property owner, and the green belt shall not be used for off-street parking facilities or for loading spaces.

Storage of building materials shall be within a residence, accessory building, or garage unless an active building permit is being used.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

All exterior solid waste containers shall be screened from public view. All screening shall be six feet in height and of masonry or vinyl fencing construction that matches or complements the principal buildings.

§ 46.095 R-1M Manufactured/Mobile Home District.

Purpose of the district. The purpose of this district is to provide a well-designed manufactured, or mobile home park, or subdivision where public utilities are available and to establish basic standards which will determine the character of the land use and its effect upon the surrounding properties. The R-1M district shall be the only district within which a manufactured/mobile home park can be located.

Permitted uses. Uses permitted within the district, R-1M are as follows:

Manufactured or mobile homes.

Public park, playgrounds and similar activity areas including public recreation and service buildings.

Churches and related buildings to include dwelling(s) for those employed by the Church.

Public and quasi-public buildings including libraries and similar uses.

Public and private schools and institutions of higher education.

Home occupations except those specifically prohibited in the Supplementary Regulations.

Local public utility facilities.

Transmission towers or antennas its concealed within another structure (stealth towers), or attached to another structure.

Licensed child care facilities.

Permitted accessory uses. The following accessory uses are permitted in the R-1M district.

Playground and recreational facilities.

Management quarters.

Laundry facilities.

Vending machines.

Public restrooms, including showers with pool facilities.

Private swimming pools.

Private parking lots for residents and guests (one space for every two homes).

Storage buildings incidental to management and operation of a manufactured or mobile home park.

Storage buildings on individual lots but not exceeding 200 square feet conforming to existing Building Codes and only one per house.

10.

Individual home porches, decks, garages or carports that are secured to the ground as directed by the Building Code.

11.

Storage facility for additional vehicles, recreational vehicles, equipment, and or storage buildings for rent for residents for additional storage.

12.

Storm and/or tornado shelters are required in a manufactured or mobile home park.

Lot area requirements. Minimum lot areas for manufactured or mobile homes in a park shall conform to the following standards:

An individual manufactured or mobile home space/lot shall have a minimum of 7,500 square feet for all sizes of manufactured or mobile homes.

The minimum space/lot width of any side shall be 60 feet.

The minimum space/lot depth or longest side shall be 115 feet.

Setback and yard requirements. The placement of manufactured or mobile homes in a park shall conform to the following standards:

A manufactured or mobile home shall not be set or placed less than 25 feet from a public or private road.

A manufactured or mobile home shall not be set or placed less than 10 feet from the side yard line.

A manufactured or mobile home shall not be set or placed less than 10 feet from the rear yard line.

Not more than one manufactured or mobile home shall be placed or located on any one space or lot.

The minimum distance between manufactured or mobile homes shall be 20 feet at any one point between the two.

No storage structure shall be located closer than 20 feet to a manufactured or mobile home on another space or lot and no closer than 10 feet to the home on the same space or lot.

Each manufactured or mobile home, including all accessory buildings, garages, carports, decks and porches, shall cover no more than 60% of each home space or lot.

Parking requirements: Two off-street parking spaces shall be provided for each manufactured or mobile home space. Such spaces need not be located on the manufactured or mobile home space and if not, then shall be dedicated and designated for a particular manufactured or mobile home space. The parking pavement must be designed according to City of Moscow Mills Ordinances, Standards and Regulations and must consist of either concrete or asphalt surface.

Design standards of the R-1M District:

A manufactured or mobile home park shall not be less than 10 acres in total area and must have platted lots or spaces filed with the City of Moscow Mills.

The maximum density of a manufactured or mobile home park shall not exceed six units per acre.

Each manufactured or mobile home space shall abut a local street within the park. All streets shall conform to the City of Moscow Mills Design Criteria and Standard Specifications for Street Construction.

There shall be a dense green buffer area surrounding the perimeter of the park, less access streets, of at least 20 feet in width and landscaped with shrubs and trees on a soil berm not less than two feet in height or more than three feet in height unless it is required or approved by the Planning and Zoning Commission.

At least 1,500 square feet of recreational space for each home space shall be platted and reserved within each park as common recreational space for the residents of the park. Such areas shall be adequately lighted for safety, landscaped, and free of hazards and developed in a manner for recreational activity. It shall be located so as to be freely accessible to the park residents. These spaces can be used for storm and/or tornado shelters throughout the park, if included in the original plat.

The manufactured or mobile home park and all occupied home spaces must be connected to public water and sewage systems approved by the City of Moscow Mills and Missouri Department of Natural Resources.

No manufactured or mobile home park shall permit the use of propane in place of natural gas.

All manufactured or mobile homes shall comply with the Federal Standards and Regulations (HUD) at the time of manufacturing. All homes shall be anchored according to State requirements and specifications at that time and will be subject to City Building Codes and inspection by a City Building Inspector.

All streets shall have sidewalks on at least one side of each street which may be located within the buffer zone and built according to the City of Moscow Mills construction guidelines.

10.

Storm and/or tornado shelters are required for all mobile/manufactured home parks.

Plans and procedure for approval. All plans for a manufactured or mobile home park shall be submitted to the Planning and Zoning Commission for approval before any construction can commence. There shall be submitted eight copies of such plans. The plans shall include the following:

The plans must be drawn to a scale of not less than one inch equals 50 feet by a Registered Professional Engineer, professional land use planner, or Registered Land Surveyor.

The plans must have drawn thereon the following:

The location of the entire tract as to surrounding tracts.

An outboundary metes and bounds description.

Each manufactured or mobile home space with dimensions.

All proposed entrances, streets, exits, driveways, sidewalks, off-street parking and street lights, including the existing streets to be connected to and the dimensions therefore.

The location of buildings to be used for storage, management and resident use.

The location of recreational spaces.

The location and plans for the water supply, sewage disposal and electrical lighting.

The location and dimensions of the green buffer area or zone.

The owners of adjacent properties.

The elevations of the land.

The location of sanitary and refuse containers.

The name of the present owner of the described land and any future owners and addresses and phone numbers.

The name, address and phone number of the company or person who drew the plans.

The Planning and Zoning Commission shall have the authority to impose reasonable restrictions, conditions and safeguards on any proposed manufactured or mobile home park development. This includes the installation and construction of storm and/or tornado shelters.

Existing manufactured or mobile home parks. Any expansion of existing manufactured or mobile home parks on the effective date of this Ordinance shall comply with the provisions herein.

Nonconformity.

All existing occupied manufactured or mobile homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform with the requirements of this Ordinance.

Yard setback requirements for storage structures placed on an existing individual space or lot of less than 7,500 square feet with an existing mobile home shall be not less than 10 feet to a manufactured or mobile home on another space or lot and not less than five feet to the home on the same space or lot.

§ 46.100 R-1MOD Modular Home District.

Purpose of the district. The purpose of this district is to provide for low-density single-family modular dwelling development on lots where water and sewer service is available or planned for in the near future and other accessory uses compatible with the residential environment. Also, this district provides for specific uses which may be permitted upon review and approval by the Planning and Zoning Commission. The R-1MOD Modular Home District is the only district in which modular homes are allowed.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Single-family dwellings including modular homes that meet the established design requirements.

Group homes.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Home occupations except those specifically prohibited in the Supplementary Regulations.

Public and private schools and institutions of higher education.

Public and quasi-public buildings including libraries and similar uses.

Churches and related buildings to include dwelling(s) for those employed by the Church.

Private recreational uses and related open spaces as may be affiliated with permitted residential developments.

Public park, playgrounds and similar activity areas including public recreation and service buildings.

Local public utility facilities.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

Special use permit required.

Mortuaries.

Single-user office in residential structure located on an arterial road or major collector road.

No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission.

Building height requirements. No building shall be erected or enlarged to exceed 2 1/2 stories, excluding the basement, or 35 feet in height.

Lot area requirements. Every single-family lot shall have a width of not less than 50 feet measured at the building line and an area of not less than the following:

Minimum lot size shall be 8,400 square feet. However, the number of permitted units shall not exceed one dwelling unit per 8,400 square feet of net developable.

Single-family modular dwellings not served by a sanitary sewer system shall meet requirements of State of Missouri Department of Natural Resources.

Percentage of lot coverage. All buildings including accessory buildings and paved areas (driveways, patios, but excluding swimming pools) shall not cover more than 50% of the area of the lot.

Yard requirements.

The minimum yard requirements shall apply to each lot.

The minimum front yard depth (main entry) shall be 25 feet.

Each side yard width to be a minimum of 10% of lot width. However, in no case shall the side yard be less than seven feet.

Storage of building materials shall be within a residence, accessory building, or garage unless an active permit has been issued.

In the event that greater than 50% of the existing dwelling structures on the same side of the street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than 10 feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than 15 feet from any roadway right-of-way line, nor shall a setback of greater than 50 feet be required. This section shall not apply to subdivisions creating new streets or extending existing streets where no dwelling structures exist along such streets within the plat.

Miscellaneous requirements.

Design standards. Every Modular home shall meet the "Design Standards for Modular Homes" requirements contained elsewhere in this chapter. Garages. Within all single-family residential developments, all houses shall be constructed to originally include a two car garage which shall be a minimum width of 20 feet.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

§ 46.102 R-S Senior Residential District.

Purpose of the district. The purpose of the Senior Residential District is to encourage development of residential communities for persons 55 years of age and older by allowing for a greater variety of uses and building types at a higher density than would normally be allowed and allowing greater flexibility in site planning so as to promote affordable housing and the preservation of open space within the development. It is intended that a senior residential district provide a range of housing types and facilities that are responsive to the needs of senior residents. The senior residential district should be a well-integrated development in terms of land use, functional systems, and major design elements such as buildings, roads, utilities, sewers, drainage systems and open space. Design standards should be supportive of a cohesive development while providing a sense of community for the residents.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited, for senior designated housing, in compliance with the Fair Housing Act.

[Amended 7-12-2021 by Ord. No. 961]

The district allows adjoining housing units such as villas, similar to R-2 and R-3, for senior designated housing, in compliance with the Fair Housing Act.

Building height requirements. No building shall be erected or enlarged to exceed two stories, excluding the basement, or 28 feet in height.

Lot width requirements.

For each multiple-family parcel, the minimum lot width shall be 100 feet as measured at the building line.

All other uses. Lot areas shall be approved by the Planning and Zoning Commission, except mortuaries shall have a minimum lot size of three acres with a minimum frontage of 200 feet and no access to subdivision streets.

Density of development and related lot area requirements.

A minimum of one acre is required to develop a residential senior project in this zoning district.

For each development there shall not be more than four attached dwelling units in a row.

Unit area. All units on plans approved by the Planning and Zoning Commission in a Residential Senior District shall be a minimum of 850 square feet in area for apartments and 1,000 square feet in area for condominiums and townhouses.

Yard requirements.

The following minimum yard depths shall be provided for individual lots:

The minimum front yard depth (main entry) shall be 25 feet. On the corner lot a fifteen-foot side building line may be permitted.

The minimum side yard width shall be no less than 15 feet.

The following minimum distances shall be provided between principal buildings located on the same plot:

The side of a principal building shall not be located any closer than 20 feet to the side of another principal building.

There shall be a minimum of 40 feet from the front or rear of a principal building to any other principal building.

In the event that greater than 50% of the existing dwelling structures on the same side of the street and in both directions from a lot, for a distance of 500 feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than 10 feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than 15 feet from any roadway right-of-way line, nor shall a setback of greater than 50 feet be required. This section shall not apply to subdivisions creating new streets or extending existing streets where no dwelling structures exist along such streets within the plat.[1]

[1]

Editor's Note: Former Subsection F4, which stated: "All units, except multi-unit buildings without individual unit entrances, shall include a minimum one car garage which shall be a minimum width of 12 feet," and which immediately followed this subsection, was repealed 7-12-2021 by Ord. No. 961.

Screening and landscaping. The Senior Residential District may be located adjacent to any other type of Residential or Commercial District, pursuant to screening requirements previously referenced in R-2 and R-3 Zoning Districts.

Accessory structures.

All Residential Senior Districts may have such accessory structures as may be necessary to provide services for the residents. These can include, but are not limited to offices, laundry facilities, cafeteria/dining room, community meeting room, recreational areas and library.

Limited retail space may be provided to meet the needs of residents. Such space should take up no more than 5% of the total development.

Height requirements. Accessory structures may not exceed two stories in height.

Set back requirements. Accessory structures must follow the set-back requirements as previously referenced in this chapter.

§ 46.105 S-D Special Old Town District.

Purpose of the district. The purpose of this district is to preserve the integrity of Old Town as identified on the official Zoning District Map and to provide for improvement and development within Old Town consistent with the existing structures and uses. The regulations of this special district are intended to allow greater design flexibility in development and new construction than is permitted by the other district regulations. All improvement, development and construction after adoption of this Ordinance within the boundaries of Old Town shall allow for integrated uses within this district without rezoning each lot within this district. Each new building, structure or development will be approved on an individual basis depending on location and permitted use.

Permitted uses. A building or lot shall be used only for the following purposes:

All uses permitted in R-1, R-1(A), R-2, C-1, and C-2 Districts.

Outdoor flea markets.

Single-family and two-family dwellings above the first floor of a building.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Hotels/motels, bed and breakfast establishments, boarding houses, and similar uses.

All uses upon review in the R-1, R-1(A), R-2, C-1, and C-2 Districts.

Building height. No building shall be erected or enlarged to exceed 35 feet or 2 1/2 stories in height.

Lot area requirements.

Minimum lot size shall be 7,500 square feet.

There shall be no other minimum setback requirements.

Yard requirements. Since there were no planning and zoning regulations when Old Town was originally established, yard requirements shall be consistent with existing layouts and will require approval by the Planning and Zoning Commission on an individual basis.

Parking requirements. The parking requirements for each development shall be as approved by the Planning and Zoning Commission in conjunction with site plan review and approval. Parking requirements shall be consistent with Ordinance requirements when possible, but shall be evaluated on an individual basis after evaluating existing conditions and space available.

Signage. Signs shall be permitted as allowed in the C-2 Community Commercial District. Informational signage shall be permitted within the public right-of-way to provide direction for businesses. The location and design of such signs shall be as approved by the Planning and Zoning Commission.

§ 46.110 C-1 Neighborhood Commercial District.

Purpose of the district. The purpose of this district is to provide for attractive and convenient retail shopping facilities and services in close proximity to residential neighborhoods. These retail establishments will be located and designed for compatibility within the neighborhood setting.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Low-density business and professional offices (including law, insurance, accounting, data processing, photography, architects' and engineers' offices).

Low-density retail businesses serving neighborhood needs (including convenience and food shops where good/services, other than gasoline or vehicular fuel, are sold directly to the public for consumption elsewhere than on the premises), barber and beauty shops, tattoo and body piercing establishments, laundromats, dry cleaning services, and "quick print" type printing services.

Public, educational, governmental offices and libraries.

Medical/dental/optician offices.

Uses permitted upon review and approval by the Planning and Zoning Commission.

State Licensed day-care centers.

Medical/dental/optician clinics.

Veterinary office, not including animal kennels.

Public and private schools and churches and related structures.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

Building height requirements. No building shall exceed 20 feet or one story in height, except upon review and approval by the Planning and Zoning Commission.

Lot area requirements. There are no minimum lot area requirements in this district.

Yard requirements.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 30 feet in depth.

Side yard. Side yard width shall be 10 feet except when adjacent to a residential district, then 20 feet is required.

Rear yard. Rear yard depth shall be 15 feet except when adjacent to a residential district, then 25 feet is required.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

Miscellaneous requirements.

All exterior solid waste containers and container racks or stands shall be screened from public view. All screening shall be six feet in height and of masonry construction that matches or complements the primary building on the site. All outside storage of materials, equipment or stock, including items for sale or items used in the operation of the business, shall be screened from public view unless waived by the Planning and Zoning Commission. Outside display of items for sale and outside storage of materials, equipment or stock shall be stored in an orderly fashion and shall be located as approved by the Planning and Zoning Commission.

All yards unoccupied with buildings or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year-round.

All of the lot used for parking of vehicles and storage and display, and all driveways used for vehicle ingress and egress shall be paved and maintained in accordance with the City of Moscow Mills Ordinances, as amended.

Where a C-1 Neighborhood Commercial District is adjacent to any residential zoning district, a landscaped greenbelt at least 10 feet in width shall be provided continuously on the back and/or sides of the commercial property lines and shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid wood fence, or other type of screening with a minimum height of eight feet above grade, so long as the degree of screening is not less than the screening afforded by the fence, and shall be maintained along the appropriate property line by the users of the C-1 Neighborhood Commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the greenbelt shall not be used for off-street parking facilities or for loading space.

No permanent outdoor storage shall be allowed in any C-1 Neighborhood Commercial District.

Vehicles used in conjunction with the operation of a business shall be parked behind or next to the building housing the business, when feasible. When a rear or side parking space is not feasible, the vehicle shall be parked so as to not obstruct visibility of the shopping center entrances. Parking of commercial vehicles unrelated to the businesses on the lot shall not be permitted unless otherwise authorized.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

Businesses adjacent to, or integrated in, a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center. The submitted plan shall show such common areas.

§ 46.115 C-2 Community Commercial District.

Purpose of the district. The purpose of this district is to provide sufficient space in appropriate locations for the sale of convenience goods and personal services. Due to the increased space requirements and traffic associated with these retail users, such uses will be limited to the intersection of collector and arterial streets. The district is to be considered the next step-up in land use from the neighborhood business district.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

All uses permitted and those allowed upon review and approval by the Planning and Zoning Commission in the C-1 Neighborhood Commercial District, except as otherwise noted.

A building which is planned to hold more than five businesses.

General retail uses (including variety stores, decorating centers, craft supplies, book and stationery shops), and specialty item uses (including imported arts and crafts, novelties, and home furnishings). Pawnshops shall be excluded.

Financial and banking institutions (including drive-up facilities), real estate agencies and services but limited to branches of the bank or real estate company, and mortician/mortuaries.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Those planned units where an overall plan for the entire site is submitted.

Restaurants and food establishments (designed for consumption on the premises), including drive-in food establishments, taverns and bars, food stores and supermarkets.

Light automotive parts, service and repair facilities, and car washes.

Veterinary office/animal hospital.

Rental and/or leasing of trucks and/or trailers for the express purpose of hauling of merchandise, snowmobiles and all-terrain vehicles (ATV).

Commercial vehicle storage when the vehicles are not related to the businesses on the subject lot.

Kennels, including interior and exterior areas, as defined by this chapter.

Temporary businesses.

Dance studios, fitness/aerobics salons, martial arts studios and laser tag, paintball and other indoor entertainment activities.

10.

Public and private schools and churches and related structures.

11.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

12.

New and used computer equipment sales and computer software sales, fabrication and minor repairs.

13.

Offices for construction, home builders, and landscapers.

Special use permit required.

Convenience/food store with gasoline or petroleum products and services.

Building height. No building shall be erected or enlarged to exceed 36 feet or 2 1/2 stories in height, except upon review and approval by the Planning and Zoning Commission.

Lot area requirements. There are no minimum lot area requirements.

Yard requirements.

Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 30 feet in depth.

Side yard. Side yard width shall be 10 feet except when adjacent to a residential district, then 25 feet is required.

Rear yard. Rear yard depth shall be 15 feet except when adjacent to a residential district, then 25 feet is required.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

Miscellaneous requirements.

Where a C-2 Community Commercial District is adjacent to any residential zoning district, a landscaped greenbelt at least 10 feet in width shall be provided continuously on the back and/or sides of the commercial property lines and shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid vinyl fence, or other type of screening with a minimum height of eight feet above grade, so long as the degree of screening is not less than the screening afforded by the fence, and shall be maintained along the appropriate property line by the users of the C-2 Community Commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the green belt shall not be used for off-street parking facilities or for loading space.

All yards unoccupied with buildings or merchandise or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year-round.

All repair of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent streets, and shall not be of a flashing or intermittent type.

Vehicles used in conjunction with the operation of a business shall be parked behind or next to the building housing the business when feasible. When a rear or side parking space is not feasible, the vehicle shall be parked so as to not obstruct visibility of the shopping center entrances. Parking of commercial vehicles unrelated to the businesses on the lot shall not be permitted unless otherwise authorized.

Temporary businesses, including plant sales and the sales of Christmas trees and holiday items, shall be located as approved by the Planning and Zoning Commission. All temporary businesses shall meet building setbacks of the underlying district.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

10.

§ 46.120 C-3 General Commercial District.

Purpose of the district. The purpose of this district is to establish areas along/and in close proximity to major arterials for commercial uses which generate high volumes of traffic during any given twenty-four-hour period. These regulations are intended to eliminate excessive traffic noise and congestion from residential areas within the City.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted, all others are expressly prohibited except as permitted upon review and approval:

All uses permitted and those allowed upon review and approval by the Planning and Zoning Commission in the C-2 Community Commercial District.

A building which will consist of more than 10 separate businesses/offices which would be allowed separately in the C-2 Community Commercial District.

Union hall/auditorium/lecture hall.

Retail nurseries for growing trees and shrubs and landscaping; garden shops, lumber hardware/home repair uses.

Radio/TV stations.

Country club or golf club.

Specialty entertainment and sports uses (including movie theater, bowling lanes, fitness salons, amusement palaces, skating palaces and swimming pools).

Uses permitted upon review and approval by the Planning and Zoning Commission.

Greenhouses.

Hotels and motels.

Hospitals.

House trailer and recreational vehicle sales/storage; bus, taxi, and other public transportation terminal; heavy automobile repair (body and fender repair and/or painting).

New car/truck sales and used car/truck sales in conjunction with such operations.

Microbreweries and wineries, including the manufacturing of beverages, food sales and service, and beverage sales.

Commercial vehicle storage when the vehicles are not related to the business on the subject lot.

Kennels, including interior and exterior kennels as defined by this chapter.

Temporary businesses.

10.

Public and private schools and churches and related structures.

11.

New and used truck sales as an accessory use to truck leasing; a parts and service department is required in conjunction with all accessory truck sales.

12.

Transmission towers or antennas if concealed within another structure (stealth towers), or attached to another structure.

Special use permit required.

Social service activities such as, but not limited to, food pantries, drug rehabilitation programs, parole offices, thrift stores.

Retail sales of any used goods, wares or merchandise, pawn shops.

The sale and brokerage of firearms, including the transfer of firearms.

Nursing homes as defined by this chapter.

Adult day care facilities.

Therapeutic massage establishments.

Modular/mobile home sales.

Convenience/food store with gasoline or petroleum products and services.

Building height requirements. No building shall exceed six stories or 75 feet in height except upon review and approval by the Planning and Zoning Commission.

Lot area requirements. There are no minimum lot area requirements.

Yard requirements.

All buildings shall be set back from all street right-of-way lines not less than 50 feet.

Side yard width shall be 15 feet except when adjacent to a residential district, then 25 feet is required.

There shall be a twenty-five-foot rear yard except when adjacent to a residential district, then 30 feet is required.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

Miscellaneous requirements.

Where a C-3 General Commercial District is adjacent to any residential zoning district, a landscaped greenbelt at least 10 feet in width shall be provided continuously on the back and/or sides of the commercial property lines and shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid vinyl fence, or other type of screening with a minimum height of eight feet above grade, so long as the degree of screening is not less than the screening afforded by the fence, and shall be maintained along the appropriate property line by the users of the C-3 General Commercial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the greenbelt shall not be used for off-street parking facilities or for loading space.

All yards unoccupied with buildings or merchandise or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year-round.

All repair of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

10.

Businesses adjacent to, or integrated in, a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center. All plans submitted shall show the adjacent common access.

§ 46.122 C-O Professional Office District.

Purpose of the district. It is recognized by this chapter that the value to the public of designating certain areas of the City for office use is represented in the employment opportunity to citizens and the resultant economic benefits to the City. This use is characterized by a minimal amount of such nuisance factors as noise, heat, glare, and the emission of air pollutants. This District has been located within the City to permit the development of this office use, to protect adjacent residential areas against the encroachment of incompatible uses, and to lessen congestion on public streets and highways. To these ends, certain uses which interfere with the operation of this type of business activity and the purpose of this District have been excluded.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Professional offices including, but not limited to, physicians, attorneys, architects, dentists, licensed professional counselors, financial advisors, engineers, attorneys, and insurance brokers.

Building height. Except as is otherwise stated, no building or structure shall exceed three stories.

Lot area requirements. The parcel of land shall not be less than five acres in area unless the project abuts an existing commercial or industrial zone.

Lot width requirements. Minimum lot width. Seventy-five feet.

Percentage of lot coverage. The maximum lot coverage by structures shall not exceed 25%.

Yard requirements.

Front yard. Not less than 25 feet.

Side yard. Least width of either side yard shall not be less than 10 feet, except in the case of a corner lot or parcel where the side yard on the road or street shall not be less than 25 feet.

Rear yard. Not less than 35 feet.

The above yard requirements shall apply to every lot, building, or structure.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

§ 46.125 C-4 Regional Shopping Center District.

Purpose of the district. The purpose of this district is to establish space in the City for large clusters of complementary stores and facilities which will provide consumer goods and services not only for the residents, but for the surrounding region as well. Due to size and scale of such commercial developments, the developer will be expected to closely coordinate the overall plans with the City's Comprehensive Plan to insure a well-designed, attractive and integrated development.

Permitted uses.

Property and buildings in a C-4 Regional Shopping Center District shall be used for any combination of permitted retail uses, provided however, that these uses shall be located in a well-designed and integrated center. Only the following buildings, structures and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval or by special use permit:

All uses permitted in the C-1 Neighborhood Commercial, C-2 Community Commercial and C-3 General Commercial Districts.

Office uses.

Accessory buildings and uses customarily incidental to the above uses.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Hotels and motels.

Microbreweries and wineries, including the manufacturing of beverages, food sales and service and beverage sales.

Bus, taxi and other public transportation terminal.

Temporary businesses.

Special use permit required.

Retail sales of any used goods, wares or merchandise excluding pawnshops.

Therapeutic massage establishments.

Convenience/food store with gasoline or petroleum products and services.

Building height requirements. No building shall be erected or enlarged to exceed six stories or 75 feet in height except upon review and approval by the Planning and Zoning Commission.

Lot area requirements. The parcel of land on which a regional shopping center is located shall not be less than 60 acres in area.

Yard requirements.

All buildings shall be set back from all street right-of-way lines not less than 45 feet.

On the side lot adjoining a residential district, there shall be a minimum side yard of 50 feet as measured horizontally from the nearest point of building to said property line.

There shall be a rear yard, alley, service court, or combination thereof, to constitute a minimum distance of 50 feet as measured horizontally from the nearest point of building to said property line.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

Miscellaneous requirements.

Where a Regional Shopping Center District is adjacent to a residential zoning district, a landscaped greenbelt minimum of 40 feet shall be provided continuously on the back and/or sides of the commercial property lines and shall consist of a combination of a compact evergreen hedge, foliage screening, earth berming, solid masonry wall or solid vinyl fence, or other type of screening designed to visually obscure the C-4 Regional Shopping Center development and property with a minimum height of eight feet above grade, and shall be maintained along the appropriate property line by the users of the C-4 Regional Shopping Center property. All landscaping shall be maintained in a healthy growing condition by the property owner and the greenbelt shall not be used for off-street parking facilities or for loading space. Therefore, the Planning and Zoning Commission may approve a parking reduction in conjunction with the review and approval of a site development plan.

In a regional shopping center development, there is a mixture of land uses with a variety of parking demands. Both the amount of parking space required and the peak demand throughout the day/week/season vary according to the type of business operation. Therefore, the parking spaces required for such a combination of land uses may be reduced upon approval by the Board of Aldermen.

Entrances shall conform to the standards contained in the City of Moscow Mills Design Criteria and Standard Specifications for Street Construction.

Businesses adjacent to, or integrated in, a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

All of the lot used for parking of vehicles and storage and display and all driveways used for vehicle ingress and egress shall be paved and maintained in accordance with the City of Moscow Mills Ordinances, as amended.

Administration procedures for regional center development.

The developer shall first make an application to the City for development of a shopping center under this zoning district. The application shall include the following in addition to the administrative requirement set forth in this chapter.

Prior to the development, the developer shall submit a Master Plan depicting the various phases of development and a development schedule for each phase subject to approval by the Planning and Zoning Commission. A public hearing shall be required for Master Plan approval whereby the Planning and Zoning Commission shall review and grant approval or denial of the plan.

The Master Plan shall show the large-scale facility and the peripheral public improvements required to service the site. The developer shall submit site plan(s) of the proposed development which shall be drawn to a scale of not less than one inch equals 50 feet; and which shall show the arrangement of the buildings, design and circulation pattern of the off-street parking area, street system, landscaped yards, ornamental screening, service courts, and facilities, and the relationship of the shopping which it may affect.

The developer shall show evidence that indicates to the satisfaction of the Planning and Zoning Commission the ability and intent to carry out the development of the shopping center in accordance with the plans submitted in accordance with the above subsections.

Development procedure. The developer shall obtain plan approval for the shopping center in accordance with the requirements of this chapter, and shall be required to develop the roadways, utilities and stormwater facilities for the area designated as C-4 Regional Shopping Center at the initial phase of the development in accordance with the approved Master Plan. If the terms of the approved development schedule are violated by the developer, then the Planning and Zoning Commission of the City shall review and recommend rezoning to an appropriate zoning classification, or grant an amendment to the approved development schedule. The developer shall begin construction of the shopping center within two years after the effective date of approval of the rezoning petition for the Regional Shopping Center site, and shall make reasonable and continuous progress towards completion. If the shopping center is not under initial construction or is not substantially completed within two years after the effective date of the shopping center rezoning, and it should be found that the developer cannot proceed immediately with the development, in conformity with the requirements of this section, this fact, and the reasons thereof, shall be reported to the Planning and Zoning Commission of the City. The Planning and Zoning Commission shall review and recommend rezoning, or grant an extension of the two-year period.

Review of plan change. Any substantial deviation from the plat of building plans approved by the Planning and Zoning Commission shall constitute a violation of the Building Permit authorizing construction of the shopping center.

§ 46.130 CPD Commercial Planned District.

Purpose of the district. The CPD Commercial Planned District encompasses areas where developments and uses permitted in any of the other commercial districts may be located. 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 commercial district, or the establishment of developments and uses in locations appropriate under approved site plans and conditions. Such approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare.

Permitted uses. Permitted land uses and developments shall be established in the conditions of the Ordinance governing the particular Commercial Planned District; specific uses may include those uses designated as permitted or special uses or that require use approval in any of the commercial districts.

Height requirements. The total height of any structure or buildings shall be limited by the conditions of the Ordinance governing the particular Commercial Planned District.

Lot area requirements. There are no minimum lot area requirements.

Yard requirements. Setbacks for parking areas, driveways and structures shall be established in the conditions of the Ordinance governing the particular Commercial Planned District.

Where a CPD Commercial Planned District is adjacent to any residential zoning district, a landscaped greenbelt at least 10 feet in width shall be provided continuously on the back and/or sides of the commercial property lines and shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid wood fence or other type of screening with a minimum height of eight feet above grade, so long as the degree of screening is not less than the screening afforded by the fence, and shall be maintained along the appropriate property line by the users of the CPD Commercial Planned District property. All landscaping shall be maintained in a healthy growing condition by the property owner and the greenbelt shall not be used for off-street parking facilities or for a loading space.

Miscellaneous requirements.

All exterior solid waste containers and container racks or stands shall be screened from public view. All outside storage of materials, equipment or stock, including items for sale or items used in the operation of the business, shall be screened from public view unless waived by the Planning and Zoning Commission. Outside display of items for sale and outside storage of materials, equipment or stock shall be located as approved by the Planning and Zoning Commission or as indicated in the Ordinance governing the particular Commercial Planned District.

All yards unoccupied with buildings or merchandise or used as trafficways shall be landscaped with grass and shrubs and maintained in good condition the year-round.

All of the lot used for parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved and maintained in accordance with the City of Moscow Mills Ordinances, as amended.

All repair of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent streets and shall not be of a flashing or intermittent type.

Procedure for review and disposition of commercial planned districts. To obtain a Commercial Planned District on any tract of land currently zoned within the City's corporate limits, the developer/petitioner must, in general, follow the legislative procedures of rezoning. With respect to newly annexed territories, the Board of Aldermen may, from time to time, establish or set a Commercial Planned District on a given tract of land. In any case, certain minimum documentation shall be provided as described in the following process including public hearings.

Pre-application conference. Before submitting an application for a Commercial Planned District, the applicant shall confer with the Planning and Zoning Commission to obtain information and guidance before entering into binding and other data.

Submission of CPD application and preliminary development plans. An applicant shall make application for a Commercial Planned District to the City of Moscow Mills. The application shall be submitted in compliance with the procedure outlined in Supplementary Regulations Amendments and Changes.

Preliminary development plan content. The following information shall appear on the preliminary development plan:

In conjunction with the submittal of an application for a Commercial Planned District, a site development plan shall be submitted for review and approval. The plan shall comply with the requirements of this chapter. Additional information pertinent to the specific development may also be required on the plan.

A public hearing shall be held and legal notice of the proposed Commercial Planned District shall be provided for in compliance with City Ordinances and regulations.

Guarantee of completion. The Ordinance shall specify a period of time guaranteeing completion of the project that shall not exceed five years unless extended by recommendation of the Commission for due cause shown and approved by the Board of Aldermen. The Ordinance shall require a performance bond or escrow agreement covering 100% of the estimated cost of all improvements.

Amendment of a Commercial Planned District. All amendments to an existing Commercial Planned District agreement or plan shall be proposed in writing to the Planning and Zoning Commission. Support documentation and site plans shall be provided as necessary. The Planning and Zoning Commission shall review the proposed amendments and refer said amendments to the Board of Aldermen as necessary. All required submittals to the Planning and Zoning Commission shall be subject to regular submittal fees and processes.

Review of abandoned projects. In the event that a development plan, or section thereof, is given final approval and, thereafter, the applicant or his/her successors fails to commence the Commercial Planned District development within two years after final approval has been granted, then such final approval shall terminate and be deemed null and void unless such time period is extended by the Board of Aldermen after report by the Planning and Zoning Commission upon written application by the applicant or his/her successors. Upon termination of an approval, the Planning and Zoning Commission shall review any changes in the Zoning District Map brought by the proposed development. If the Planning and Zoning Commission finds said changes to be inappropriate, the Planning and Zoning Commission shall recommend to the Board of Aldermen that the map be revised in accordance with the procedures for Amendments and Changes.

§ 46.131 Crossroads Center Moscow Mills, LLC Commercial Planned District.

Specific criteria.

Information to be shown on the Site Concept Plan shall include general lot or site arrangements and/or general building and parking arrangements. Definitions.

A Site Concept Plan is a plan for a large area that may address land use, landscaping, infrastructure, circulation or service provisions.

A Site Plan is a view of a project, looking down from above, showing its horizontal elements, such as building footprint, property lines, set back lines, parking, drainage facilities, sanitary sewers, water lines, streets-right of ways, etc.

Improvement Plans are plans, profiles, studies, hydraulic and hydrology calculations, cross sections and other details for construction of all improvements.

Final plat is a plan of an approved subdivision filed with the Recorder of Deeds showing survey lot lines, street right-of-way, easements, monuments and distances, angles and bearings, pertaining to the exact dimensions of all parcels, street lines and so forth.

Permitted uses. The uses allowed in this CPD Commercial Planned District shall be: All uses designated as permitted or special in the C-1, C-2, C-3 and C-4 districts.

Building floor area and height requirements.

Floor area.

(1)

The floor area of any single or any combination of buildings shall not be limited.

Height.

(1)

The maximum building height shall not exceed six stories or 75 feet, except upon review and approval by the Planning and Zoning Commission.

(2)

Building height exceptions. Height Limitations shall not apply to church spires, domes or skylights, ventilators, water tanks, parapet walls or necessary mechanical appurtenances usually carried above the roof level.

Lot area requirements.

There are no minimum lot area requirements.

Yard and structure setback requirements.

Yards:

(1)

Along all public roadways and internal access roadways within the CPD Commercial Planned District a landscaped greenbelt of at least 15 feet shall be provided and maintained. All landscaping shall be maintained in a healthy growing condition and the greenbelt shall not be used for off-street parking facilities or a loading space.

(2)

Along the outer perimeter of the CPD Commercial Planned District a landscaped greenbelt at least 10 feet in width shall be provided continuously on the back and or side of any commercial property line and shall consist of an evergreen hedge, evergreen trees, foliage screening, solid masonry wall or solid vinyl fence with a minimum height of six feet above grade, so long as the degree of screening is not less than that afforded by the fence or wall, and shall be maintained along the appropriate property line by the user of the CPD Commercial Planned District lot. All landscaping shall be maintained in a healthy growing condition and the greenbelt shall not be used for off-street parking facilities or a loading space.

(3)

Between commercial parcels or lots within the CPD Commercial Planned District property a landscaped greenbelt of at least five feet shall be provided and maintained. All landscaping shall be maintained in a healthy growing condition and the greenbelt shall not be used for off-street parking facilities or a loading space.

EXCLUSIONS: No green belt shall be required between internal lots where buildings adjoin or parking areas are intended to be shared. In the case of shared parking a landscape strip shall be provided in accordance with the landscape requirements for parking areas contained herein.

Building setback requirements. No building, excluding: ladder or monument signs, light standards, flag poles, refuse enclosures, meter boxes or other similar utility related structures shall be located within the following setbacks:

(1)

Fifteen feet from any public roadways and internal access roadways within the CPD Commercial Planned District.

EXCEPTION: In case of a building that exceeds 25 feet in height the building shall be set back an additional one foot for every two feet the building exceeds 25 feet in height to a maximum setback requirement of 40 feet. In the case of building height for this section, the height shall include the parapet wall or other dominate building feature along the frontage wall.

(2)

Thirty-Five feet from any outer perimeter property line of the CPD Commercial Planned District.

(3)

Fifteen feet from any internal property line.

EXCLUSIONS: No internal setback shall be required between internal lots where buildings are intended to adjoin.

Corner visibility. Within the sight distance area of a corner lot, no sign, telephone booth, planting, or other obstruction to vision shall be erected, planted or maintained so as to substantially obstruct the view of traffic at an intersection. The sight distance shall be appropriate for the size and speed of the roadway as determined by the AASHTO Policy on Geometric Design of Highways and Streets, 5th Edition (or latest revision thereof).

Parking and loading requirements:

Parking and Loading spaces for this CPD Commercial Planned District shall be as required in Chapter 46, Article VII, of the City of Moscow Mills City Code.

Landscaping and screening:

Screening requirements:

(1)

Screening of perimeter yards shall be as required in Subsection ASa2 located herein.

(2)

Off-street loading docks exposed to street view or located adjacent to an outer perimeter shall be screened by masonry, wood, or vinyl fencing immediately adjacent to and a minimum of eight feet above the loading dock height. Screening and/or fencing materials shall be uniform throughout the CPD.

(3)

Roof-top equipment shall be screened by building parapet walls equal in height to the equipment to be screened, four feet minimum, excluding roof top equipment located 25 feet or greater from the perimeter walls, which if taller than the parapet wall or exterior wall shall be painted to match the building.

(4)

All exterior solid waste containers and container racks shall be screened from public view utilizing the same materials to match those used in the building's exterior wall construction.

(5)

All outside storage of materials, equipment or stock, including items for sale or items used in the operation shall be screened from public view by masonry, wood, or vinyl fencing. This requirement shall not be construed to prohibit the display of vehicles in the case of a car or equipment dealer, nor sidewalk displays customarily utilized in conjunction with occupants business, nor a garden center or lumber yard customarily utilized in conjunction with occupants business.

Landscape requirements.

(1)

A landscape plan shall accompany, or be a part of each Site plan. This landscape plan shall include size, type and location of plantings and shall include parking lot planting islands, perimeter plantings, and similar landscape features. The majority of evergreen trees shall be a minimum of six feet in height when planted. The species and size of landscaping shall be as approved by the Planning and Zoning Commission on the landscape plan; all modifications are subject to review and approval by City staff.

(2)

Where off-street parking spaces are provided, a minimum of 10 square feet of landscaped area shall be provided on each lot for each space within the parking area or lot.

(3)

All off-street parking areas shall be appropriately broken by linear planting strips or islands in the interior of the parking facility. Such islands shall be landscaped with trees or other suitable plantings and shall constitute no less than 5% of the total area of the off-street parking area excluding perimeter landscaping, but may include planting areas adjacent to the building.

Outdoor site lighting.

Purpose and intent. The purpose and intent is to establish outdoor lighting standards that reduce the impact of glare, light trespass, overlighting, skyglow, and poorly shielded or inappropriately directed lighting fixtures, and that promote safety and encourage energy conservation.

General outdoor lighting standards.

(1)

All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures.

(2)

Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. High intensity light beams, such as, but not limited to, outdoor searchlights, laser or strobe lights shall be prohibited.

(3)

In parking lots, light fixture poles shall not be more than 35 feet in height.

(4)

The average maintained lighting level shall be determined by multiplying the initial raw lamp output specified by the manufacturer by a light loss factor of not less than .072.

Outdoor lighting standards.

(1)

The average maintained lighting levels shall not exceed the following standards:

(a)

Five foot-candles for parking lot and other areas. However, the maximum lighting level to average lighting level ratio shall not exceed 2.5 to 1.

(b)

Ten foot-candles along fronts of buildings and along main drive aisles. The maximum lighting level to average lighting level ratio shall not exceed 2.5 to 1.

(c)

Thirty foot-candles for high security areas, such as, but not limited to automated teller machines (ATMs), motor vehicle display areas and vehicle fuel station canopies, but not including parking lots. The maximum to average ratio shall not exceed 1.5 to 1 for canopy lighting, and 2.5 to 1 for pole-or building-mounted lighting. Lighting levels shall be reduced to a maximum of 10 foot-candles after the close of business.

(2)

Light fixtures under any canopy shall be recessed into the canopy ceiling with a flat lens to prevent glare. The bottom of the fixtures may protrude a maximum of two inches from the ceiling. The portions of the canopy not included in the sign area shall not be illuminated.

(3)

Lighting levels shall not exceed .05 foot-candles at any common property line with property zoned, used as or planned for residential or agricultural uses.

(4)

Property owners may demonstrate compliance with the standards contained within this section by submitting a current photometric plan (less than 30 days old) that has been certified by a licensed lighting engineer.

Signage.

The signage for this CPD Commercial Planned Development shall be subject to the following regulations:

The standards for signs shall supersede the requirements for attached, pole, ground and subdivision signs listed elsewhere in the code. In the absence of specific sign regulations enacted as a part of this CPD Commercial Planned District the regulations of the City code shall govern.

In addition, the standards presented in this section are mandatory, unless, through site plan review, it is determined that design and/or use of new technologies results in more fitting or appropriate signage for the development. Minor adjustments would be in keeping with the overall intent of the Code, yet recognize unforeseen special and specific signage requirements for the development.

(1)

Development identification or subdivision signs shall not be greater than 100 square feet per side excluding background material such as retaining walls, decorative fencing, rock walls, waterfalls and monument sign supports.

(2)

Pole signs for individual businesses/tenants shall not be allowed.

(3)

Ladder signs for identification of the development entrance and major tenants shall be allowed under the following conditions:

(a)

Not more than one ladder sign at each main entrance into the development.

(b)

Ladder signs may be placed a minimum of 500 feet apart; however, if tenant signage is duplicated, then the ladder signs shall be placed a minimum of 1,000 feet apart.

(c)

The bottom of such sign shall be at least nine feet above the main ground level on which the sign is placed and shall not exceed a height of 50 feet to the top of the sign above the ground level. A decorative trim cap of no more than eight feet in height shall be added on top of the ladder sign for ornamental purposes.

(d)

Such signs shall be located no closer than 15 feet to any right-of-way.

(e)

Sign area for ladder signs shall not exceed 800 square feet for each side.

(f)

Each level in a ladder sign shall be of a consistent size within the sign and shall only display one tenant on each level.

(4)

Attached signage for businesses/tenants:

(a)

Such signs shall include both wall signs and projecting signs.

(b)

Such signs shall not extend horizontally beyond the plane of the wall to which they are attached by more than 24 inches.

(c)

Such signs shall not project above the parapet wall, roof line or facade.

(d)

An attached sign shall not exceed a total of 15% of the side of the building or wall (maximum of 500 square feet) to which it is attached. However, where more than one side of a building or unit is used for signage, including the rear wall, then the limitation shall be 5% for each side used (maximum of 500 square feet) with an aggregate total of no more than 1,200 square feet. There will not be additional allowances given for open spacing between letters.

(e)

Attached signage for businesses on outlots may be permitted on each side so long as the sign area does not exceed 5% of the wall to which it is attached, up to a total aggregate of 500 square feet.

(5)

Ground signs for tenants:

(a)

Ground signs shall be reserved for outparcels of said development(s). These signs shall be located only on internal access streets and drives or on major roadways and thoroughfares to which the business establishment relates, but there shall be no more than one ground sign per outparcel and each sign shall not exceed 100 square feet in area per face (maximum of 2) and 15 feet in length.

(b)

No ground sign shall be located closer than 10 feet from any property line. The ground sign elevation (including posts, planter boxes, etc.) shall not exceed the higher of seven feet above the prevailing grade or the centerline of the adjacent roadway or highway at a point perpendicular to the sign location.

(c)

Landscaping shall be placed at the base of and around any ground sign for a distance equal to at least 1/2 the total height of the sign or two feet, whichever is more.

(6)

Colors on signs:

(a)

Each tenant sign shall be allowed up to four colors, in addition to black and white.

(b)

Each tenant sign on ladder signs shall also be allowed up to four colors, in addition to black and white; however, the assembled ladder signs may have more than the four colors (plus black and white), due to the various individual tenant signs.

Timing, bonding and escrow.

Timing.

The developer shall submit a Site Concept Plan within 24 months of adoption of this CPD Commercial Planned District.

Within 24 months of approval of the Site Concept Plan developer shall submit a Site Section Plan or a Site Development Plan for any portion of the development.

Failure to comply with this submittal requirement will result in the expiration of the CPD Commercial Planned District ordinance and will require a new public hearing before the Planning and Zoning Commission.

Where due cause is shown by the developer, this time interval for plan submittal may be extended through appeal to and approval by the Planning Commission.

Substantial construction shall commence within 12 months of approval of a Site Section or Site Development Plan, unless otherwise authorized by ordinance. Substantial construction means final grading for roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary storm sewers.

Where due cause is shown by the developer, the Planning Commission may extend the period to commence construction for not more than one additional year.

Bonding and escrow. This ordinance shall not become effective until an escrow agreement has been agreed to and executed by the developer and the City.

Dedication of roads, utilities and tap fees. As various roads (or appropriate sections of roads) and other public infrastructure improvements are completed by CCMM, such items will be dedicated to the City.

General criteria.

Site concept plan submittal requirements. The Site Concept Plan shall include but not be limited to the following:

Outboundary plat and legal description of the property.

Location of all roadways adjacent to the property and general location, size and pavement widths of all interior roadways.

General configuration of the development including general arrangement of lots and the general arrangement and description of proposed building types and general parking layout.

Zoning district lines and floodplain boundaries.

General location of proposed storm water detention facilities.

Plan submittal process. All plans for each phase of the development in the Commercial Planned District shall be submitted as follows:

A site plan shall be submitted according to § 46.445 of Chapter 46 of the Moscow Mills City Code.

Improvement plans shall be submitted according to § 46.450 of Chapter 46 of the Moscow Mills City Code.

A final plat shall be submitted according to § 46.465 of Chapter 46 of the Moscow Mills City Code.

Recording. Within 60 days of approval of any development plan by the City of Moscow Mills the approved section or development plan shall be recorded with the Lincoln County Recorder of Deeds. Failure to do so will result in the expiration of approval of said plan and require re-approval by the Planning and Zoning Commission.

General development condition. All construction shall be designed according to the latest revision of the Moscow Mills Design Guide. Grading shall be conducted according to an approved plan accompanied with a DNR Land Disturbance Permit complete with applicable erosion control. All construction equipment, materials and worker parking areas shall be off street or located so that they cause no interference with existing businesses.

§ 46.135 I-1 Light Industrial District.

Purpose of the district. This industrial district is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesale and retail service uses. These uses may require direct access to rail, air or street transportation routes; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the Heavy Industrial District.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

Developments commonly known as business/industrial parks.

Gymnasiums, indoor public and private handball, soccer and racquetball courts, and indoor and outdoor public or private tennis courts.

Manufacturing or fabrication of any commodity from semi-finished materials except explosives or flammable gases or liquids (including small electrical appliances or electronic apparatus, medical instruments and supplies, sheet metal products including heating and ventilation ducts and equipment) and self-storage warehousing services (retail and wholesale uses).

Laboratories and office/research and testing, and public utility facilities.

Any other light industrial/commercial uses as permitted upon review by the Planning and Zoning Commission, which due to their intensity and nature, may have detrimental impacts on neighboring uses by reason of dust, smoke, vibration, noise, odor, effluents, or traffic generation.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Professional offices.

Contractors.

Engineers.

Specialty supply/center services (wholesale/retail).

Data programming services.

Sporting goods/outdoor equipment supplies.

Commercial vehicle storage when the vehicles are not related to the business on the subject lot.

Kennels, including interior and exterior kennels as defined by this chapter.

Indoor shooting ranges.

Special use permit required.

Metal salvage and/or recycling operation.

Vehicle storage (any type vehicle) or impound yard, other than the sale of operable motor vehicles from, or on, the premises.

Receiving/transmission towers.

Correctional institutions, sanitariums and/or institutions for the insane.

Residential or out-patient facilities for the treatment of alcohol and other drug abuse.

Sexually explicit or similar services or business establishments including, but not limited to, adult bookstores and peep shows.

Wholesale lumber operations including milling, light assembly, batch plant (materials assembly and mixing), and similar uses.

The sale and brokerage of firearms, including the transfer of firearms.

Title loan businesses, check cashing businesses, payday loans or similar businesses.

Building height requirements. No building shall exceed 45 feet in height except upon review and approval by the Planning and Zoning Commission.

Lot area, storage and yard requirements.

There shall be no minimum lot area requirements in this district.

Not more than 40% of the lot containing any use permitted in this district may be used for open storage of raw materials, finished goods, or any other material.

All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 50 feet in depth. No building shall be located closer than 15 feet to a side lot line and 25 feet to a rear lot line, except when adjacent to a residential district where a fifty-foot wide or rear yard is required.

Parking requirements. As specified by the Planning and Zoning Commission.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

Miscellaneous requirements.

All exterior solid waste containers and container racks or stands shall be screened from public view. All outside storage of materials, equipment or stock, including items for sale or items used in the operation of the business, shall be screened from public view unless waived by the Planning and Zoning Commission. Outside display of items for sale and outside storage of materials, equipment, or stock shall be located as approved by the Planning and Zoning Commission.

Where an I-1 Light Industrial District is adjacent to any residential zoning district, a landscaped greenbelt at least 20 feet in width shall be provided continuously on the back and/or sides of the industrial property lines and shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid wood fence, or other type of screening with a minimum height of eight feet above grade, so long as the degree of screening is not less than the screening afforded by the fence, and shall be maintained along appropriate property line by the users of the I-1 Light Industrial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the greenbelt shall not be used for off-street parking facilities or for loading space.

Any structure in an I-1 Light Industrial District exceeding 45 feet in height which adjoins property in a residential district shall be set back from such property line, in addition to the minimum required setback, a distance of one foot for every two feet in height above 45; a lesser setback may be allowed if the eight foot screening buffer is increased in height according to the aforementioned proportions.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

Businesses adjacent to, or integrated in, a cluster of industrial facilities shall use the common access with other business establishments in that center. All submitted plans shall show access.

§ 46.140 I-2 Heavy Industrial District.

Purpose of the district. This district is intended to provide for heavy industrial uses not otherwise provided for in the districts established by this chapter. The intensity of uses permitted in this district make it desirable that they be buffered from residential areas whenever possible.

Permitted uses. Only the following buildings, structures, and uses of parcels and lots are permitted; all others are expressly prohibited except as permitted upon review and approval:

All uses permitted and those allowed upon review and approval by the Planning and Zoning Commission in the I-1 Light Industrial District except as otherwise noted.

All industrial/warehousing permitted in the I-1 Light Industrial District and manufacturing, assembling, handling, or fabrication of raw materials, or warehousing, either free standing or in campus grouping, including but not limited to foundry casting, forgings, pressings, machining and so forth; laundry, cleaning and dyeing works and carpet and rug cleaning; building materials (cement, lime in bags or containers, sand, stone, pipe, or the like), storage or sales.

Structures and uses clearly accessory to the normal operation of the above uses.

Heavy equipment sales and/or rentals.

Uses permitted upon review and approval by the Planning and Zoning Commission.

Receiving/transmission towers.

Special use permit required. Industrial uses similar to those below but not limited to the following which because of their intensity and nature may have a detrimental impact to neighboring uses by reason of dust, smoke, vibration, noise, odor, or effluents.

Asphalt manufacturing, refining or preparation.

Meat packing and processing (including slaughtering).

Rendering.

Fertilizer manufacturing from organic materials or its compounding.

Outdoor (above ground) storage of fuels or chemicals (whether in tanks or other containers).

Metal salvage and/or recycling operation.

Petroleum refining or storage facility (above-ground).

Vehicle storage (any type vehicle) or impound yard other than the sale of operable motor vehicles from or on the premises.

Any industry involved in the use of; processing of, or disposal of, and temporary storage of radioactive materials and other materials deemed as hazardous waste.

10.

The treatment of hides or raw leather.

11.

Any industry involved in the production, manufacture and/or storage of explosives or ammunitions.

12.

Concrete manufacturing, refining or preparation.

13.

Any industry involved in the use of, processing of, or disposal of, and temporary storage of solid wastes.

14.

Correctional institutions, sanitariums and/or institutions for the insane.

15.

Residential or outpatient facilities for the treatment of alcohol and other drug abuse.

16.

Sexually explicit or similar services or business establishments including, but not limited to, adult bookstores and peep shows.

17.

Wholesale lumber operations including milling, light assembly, batch plant (materials assembly and mixing), and similar uses.

18.

The sale and brokerage of firearms, including the transfer of firearms.

19.

Title loan businesses, check cashing businesses, payday loans or similar businesses.

Building height requirements. No building shall exceed 45 feet in height except upon review and approval by the Planning and Zoning Commission.

Lot area, storage and yard requirements.

Not more than 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 material.

All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 75 feet in depth. No building shall be located closer than 15 feet to a side lot line and 20 feet to a rear lot line, except when adjacent to a residential district where a seventy-five-foot wide or rear yard is required.

Parking requirements. As specified by the Planning and Zoning Commission.

Screening and landscaping. See Supplementary Regulations Landscaping and Screening Requirements.

Miscellaneous requirements.

All exterior solid waste containers and container racks or stands shall be screened from public view. All outside storage of materials, equipment or stock, including items for sale or items used in the operation of the business, shall be screened from public view unless waived by the Planning and Zoning Commission. Outside display of items for sale and outside storage of materials, equipment, or stock shall be located as approved by the Planning and Zoning Commission.

Where an I-2 Heavy Industrial District is adjacent to any residential zoning district, a landscaped greenbelt at least 25 feet in width shall be provided continuously on the back and/or sides of the industrial property lines and shall consist of a compact evergreen hedge, foliage screening, solid masonry wall, solid wood fence, or other type of screening with a minimum height of eight feet above grade, so long as the degree of screening is not less than the screening afforded by the fence, and shall be maintained along the appropriate property line by the users of the I-2 Heavy Industrial property. All landscaping shall be maintained in a healthy growing condition by the property owner and the greenbelt shall not be used for off-street parking facilities or for loading space.

Any structure or building in an I-2 Heavy Industrial District exceeding 45 feet in height which adjoins property in a residential district shall be set back from such property line, in addition to the minimum required setback, a distance of one foot for every two feet in height above 45 feet; a lesser setback may be allowed if the eight-foot screening buffer is increased in height according to the aforementioned proportions.

Temporary businesses, including plant sales and the sales of Christmas trees and holiday items, shall be located as approved by the Planning and Zoning Commission.

Entrances shall conform to the standards contained in the City of Moscow Mills Ordinances, Standards and Regulations.

Businesses adjacent to, or integrated in, a cluster of industrial facilities shall use the common access with other business establishments in that center. All submitted plans shall show such common access.

All of the lot used for parking of vehicles and storage and display, and all driveways used for vehicle ingress and egress shall be paved and maintained in accordance with the Moscow Mills Ordinances, Standards and Regulations.