Document 450179
CHAPTER 35 ZONING CODE ARTICLE I. GENERAL PROVISIONS ..................................................................................................................3 Sec. 35-1. Short title..............................................................................................................................................3 Sec. 35-2. General purpose and intent. ................................................................................................................3 Sec. 35-3. Authorization and jurisdiction. ............................................................................................................3 Sec. 35-4. Components of zoning ordinance. ........................................................................................................3 Sec. 35-5. Responsibilities for zoning ordinance administration..........................................................................4 Sec. 35-6. Applicability. ........................................................................................................................................7 Sec. 35-7. Minimum requirements. .......................................................................................................................8 Sec. 35-8. Rules of interpretation. ........................................................................................................................8 Sec. 35-9. Coordination with other regulations and plans. ..................................................................................8 Sec. 35-10. Application of regulations during local emergency. ..........................................................................9 Sec. 35-11. Zoning of annexed land. .....................................................................................................................9 Sec. 35-12. Severability. .......................................................................................................................................9 Secs. 35-13. - 35-19. Reserved. ............................................................................................................................. 9 ARTICLE II. DISTRICT REGULATIONS. ......................................................................................................... 10 Sec. 35-20. Purpose of zoning districts. .............................................................................................................. 10 Sec. 35-21. Application of zoning district regulations. ....................................................................................... 10 Sec. 35-22. Zoning map and district boundaries. ............................................................................................... 11 Sec. 35-23. General standards applicable to all zoning districts. ...................................................................... 11 Sec. 35-24. Rural and conservation districts, RU and RC. ................................................................................. 12 Sec. 35-25. Residential districts: RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-O. ............................................. 12 Sec. 35-26. Non-residential districts: C-O, C-1, C-2, C-3, M-1, M .................................................................... 14 Sec. 35-27. Planned unit development district. ................................................................................................... 17 Sec. 35-28. Matrices of permitted, conditional and special exception use land uses and classification of uses not listed. ............................................................................................................................................................. 19 Sec. 35-29. Reserved. .......................................................................................................................................... 32 ARTICLE III. OVERLAY DISTRICT REGULATIONS. .................................................................................. 33 Sec. 35-30. Redevelopment overlay district. ....................................................................................................... 33 Sec. 35-31. Airport overlay district. ................................................................................................................... 34 Sec. 35-32. Flood hazard overlay district. .......................................................................................................... 34 Sec. 35-33. Neighborhood Conservation Overlay District. ................................................................................ 34 Secs. 35-34. - 35-39. Reserved. ........................................................................................................................... 38 ARTICLE IV. SUPPLEMENTARY CONDITIONS .......................................................................................... 39 Sec. 35-40. Accessory buildings, structures and uses. ....................................................................................... 39 Sec. 35-41. Specific use standards. ..................................................................................................................... 41 Sec. 35-42. Specific Use Standards for Telecommunications Facilities .............................................................. 73 Secs. 35-43. - 35-49. Reserved. ........................................................................................................................... 87 ARTICLE V. SITE DESIGN AND IMPROVEMENT STANDARDS ................................................................. 88 Sec. 35-50. Lots and blocks. ............................................................................................................................... 88 Sec. 35-51. Density and dimensional standards. ................................................................................................ 88 Sec. 35-53. Single family and two-family residential lot design standards. ....................................................... 96 Sec. 35-53. Multi-family residential design standards. ...................................................................................... 96 Sec. 35-54. Cluster subdivision and compact housing provisions. ..................................................................... 97 Sec. 35-55. Visual clear zones (Sight Triangles). ........................................................................................... 100 Sec. 35-56. Sidewalks. ...................................................................................................................................... 101 Sec. 35-57. Outdoor lighting standards. ........................................................................................................... 101 Sec. 35-58. Off-street parking and loading. ...................................................................................................... 103 Sec. 35-59. Screening and bufferyard standards. ............................................................................................. 118 Sec. 35-60. Traffic impact analysis. .................................................................................................................. 128 ARTICLE VI. NONCONFORMING USES OR SITUATIONS. ....................................................................... 129 Rev. 11/18/2014 35 - 1 Sec. 35-61. Purpose. ......................................................................................................................................... 129 Sec. 35-62. Applicability. .................................................................................................................................. 129 Sec. 35-63. Determination of legal nonconforming status review. ................................................................... 129 Sec. 35-64. Regulations that apply to all nonconforming uses or situations. ................................................... 130 Sec. 35-65. Continuation of nonconformity and completion of nonconforming development. ......................... 131 Sec. 35-66. Expansion or enlargement of nonconforming situations. .............................................................. 133 Sec. 35-67. Nonconforming off-street parking lot............................................................................................. 133 Sec. 35-68. Exemptions. .................................................................................................................................... 134 Sec. 35-69. Reserved. ........................................................................................................................................ 134 ARTICLE VII. ADMINISTRATION AND PROCEDURES ............................................................................. 135 Sec. 35-70. Application, permit processing, hearing procedures. .................................................................... 135 Sec. 35-71. Site plan review. ............................................................................................................................. 145 Sec. 35-72. Staff approval - development permits. ........................................................................................... 149 Sec. 35-73. Administrative approval - development permits. ........................................................................... 156 Sec. 35-74. Legislative approval - development permits. ................................................................................. 164 Sec. 35-75. Development agreements. ............................................................................................................. 174 Sec. 35-76. Annexations. ................................................................................................................................... 175 Sec. 35-77. Vested rights determination. .......................................................................................................... 176 Secs. 35-78 - 35-79. Reserved. .......................................................................................................................... 177 ARTICLE VIII. ENFORCEMENT, VIOLATIONS AND PENALTIES ......................................................... 178 Sec. 35-80. Authority to enforce zoning ordinance. .......................................................................................... 178 Sec. 35-81. Violations and penalties. ................................................................................................................ 178 Sec. 35-82. Types of violations. ........................................................................................................................ 178 Sec. 35-83. Enforcement. .................................................................................................................................. 178 Sec. 35-84. Notification procedures. ................................................................................................................ 180 Sec. 35-85. Right of entry. ................................................................................................................................ 180 Sec. 35-86. Separate offenses may by charged. ................................................................................................ 180 Sec. 35-87. Penalties......................................................................................................................................... 180 Sec. 35-88. Remedies cumulative. ..................................................................................................................... 181 Sec. 35-89. Reserved. ........................................................................................................................................ 181 ARTICLE IX. DEFINITIONS ............................................................................................................................ 182 Sec. 35-90. Purpose of definitions. ................................................................................................................... 182 Sec. 35-91. Abbreviations. ................................................................................................................................ 182 Sec. 35-92. Definitions. ..................................................................................................................................... 182 Secs. 35-93. - 35-94. Reserved. ......................................................................................................................... 198 ARTICLE X. FEES ............................................................................................................................................... 199 Sec. 35-95. Fee Schedule. ................................................................................................................................. 199 Rev. 11/18/2014 35 - 2 ARTICLE I. GENERAL PROVISIONS Sec. 35-1. Short title. These regulations may be referred to as the "Zoning Ordinance." Sec. 35-2. General purpose and intent. A. B. Regulations Consistent with Plan. These regulations have been developed in accordance with the Comprehensive Plan for the City of Jefferson, Missouri which was adopted on November 3, 1969, the Supplement to the Comprehensive Plan which was adopted on September 18, 1978, the Land Use Plan which was adopted on March 13, 1986, and the Comprehensive Plan Update adopted March 14, 1996. Said comprehensive plans include estimates of population growth, land use surveys, a land use plan, plans for major thoroughfares, other transportation facilities, community facilities, public services and utilities, and a capital improvements program. General Purposes. Regulation of the use of land is fundamental to optimum development of the community. The Zoning Ordinance regulations are intended to: 1. implement the goals, policies and strategies identified in the City of Jefferson Comprehensive Plan; 2. secure safety from fire, panic and other dangers; 3. promote health and general welfare; 4. provide adequate light and air; 5. prevent the overcrowding of land; 6. avoid undue concentration of population; 7. facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and 8. protect and maintain the integrity and character of established neighborhoods, and retain historical and cultural resources. Sec. 35-3. Authorization and jurisdiction. The Zoning Ordinance of the City of Jefferson, Missouri is enacted pursuant to the powers granted by the Constitution and laws of the state of Missouri, including the authority of Chapter 89 of the Missouri Statutes, as amended (the “Statute”). The Statute authorizes the City, by Ordinance, to adopt and enforce regulations governing zoning, planning, subdivision and building within all or any portion of the corporate City limits and within all or any portion of the unincorporated area extending two miles outward from the corporate limits of the City. Sec. 35-4. Components of zoning ordinance. The Zoning Ordinance provides for the regulation of the development and use of land within the City of Jefferson’s jurisdiction. The Ordinance is divided into nine articles as follows: A. B. C. D. Article I establishes the title, purpose, jurisdiction and applicability of the Zoning Ordinance and the responsibilities of elected and appointed officials in administering the Ordinance. Article II establishes zoning districts and the regulations that are applicable to the development and use of land and buildings in each district. Article III establishes overlay district regulations that, due to unique natural or development conditions, must be applied, regardless of the underlying zoning to ensure the public health, safety and welfare. Article IV establishes supplementary conditions that are necessary for the safe and compatible development of specific uses. Rev. 11/18/2014 35 - 3 E. Article V establishes design and improvement standards applicable to development of individual parcels and subdivisions. F. Article VI establishes provisions for the continuation, expansion and discontinuance of legally established uses that no longer comply with this Zoning Ordinance. G. Article VII establishes the procedures for administration of this Zoning Ordinance. H. Article VIII provides for the enforcement of this Zoning Ordinance and establishes penalties for violations. I. Article IX defines the terms used in this Zoning Ordinance. J. Article X establishes the fee schedule for various permits and applications. Exhibits with graphics generally are provided to illustrate the intent of the language. When there is an apparent discrepancy between the text and graphic, the text shall supersede the graphic. In cases where the Exhibit is a table that lists standards, the Exhibit shall be considered a requirement. Sec. 35-5. Responsibilities for zoning ordinance administration. A. City Council. The City Council, also referred to as the Council, shall have the zoning powers provided by RSMo. Chapter 89 including, but not limited to, the following: 1. Appointments. The Council shall have the power and responsibility to approve appointments and removals: a. Members and alternates to the Zoning Commission, pursuant to §89.070, RSMo. and the Planning Commission pursuant to §89.320, RSMo. The City Planning and Zoning Commission is hereby designated the Zoning Commission for purposes of §89.070, RSMo., and the City Planning Commission for purposes of §89.330.2, RSMo.; and b. Members to the Board of Adjustment, pursuant to §89.080, RSMo. 2. Action on Planning and Zoning Commission Recommendations. The Council shall take action on all recommendations of the Planning and Zoning Commission by approval, conditional approval or denial of approval. 3. Appeals. The Council shall take action on all appeals to actions of the Planning and Zoning Commission. 4. Reversal of Planning and Zoning Commission Recommendations. a. b. 5. B. Plats. For applications pertaining to elements included on a city plan submitted to the Planning Commission authorized by this chapter pursuant to '89.320, RSMo through '89.491RSMo: (1) An affirmative simple majority vote of the entire membership of the Council shall be required to approve or conditionally approve an application approved by the Planning Commission. (2) An affirmative vote of two-thirds of the entire membership of the Council shall be required to overturn or reverse a denial of any application by the Planning Commission. Zoning. For applications submitted to the Zoning Commission authorized by this chapter pursuant to '89.010, RSMo through '89.144RSMo, an affirmative simple majority vote of the entire membership of the Council shall be required to approve, conditionally approve, overturn or reverse a decision by the Zoning Commission. Establishment of Fees. The Council shall adopt fees for development permits and applications and shall decide on all requests for waivers to fees. Fees shall be as provided in Article X. Planning and Zoning Commission. The membership, appointment, terms, vacancy and removal of the members of the Planning and Zoning Commission shall comply with Chapter 7, Sections 7-171 and 7-172 of the Code, and §89.320, RSMo. The Director of Planning and Protective Services (or the Director’s designee) shall serve as staff to the Commission. 1. Rev. 11/18/2014 Rules of Procedure. The Planning and Zoning Commission shall adopt rules of procedure consistent with the provisions of these regulations and §89.330, RSMo. 35 - 4 2. 3. C. Planning and Zoning Commission Powers and Duties. The Planning and Zoning Commission’s powers and duties shall be in conformance with §89.010 through §89.491, RSMo., and shall include, but are not limited to, the following actions: a. Preparation and adoption of a plan for the physical development of the City by resolution approved by a majority of vote of the full membership of the Commission; b. Preparation and recommendation of a Zoning Ordinance for the regulation of height, area, bulk, location and use of private, non-profit and public structures and premises and of population density; c. Review and make recommendations to the Council on all requests for: (1) amendments to the Comprehensive Plan and Development Plan Map; (2) neighborhood or area plans; (3) amendments to the Official Zoning Map; (4) amendments to the text of the Zoning Ordinance; (5) Planned Unit Developments; (6) major amendments to Planned Unit Development plans; (7) subdivision plats; (8) subdivision code text; (9) annexations; (10) Special Exception Use Permits; (11) amendments to the Thoroughfare Plan; and (12) vested rights determinations. d. Decide all requests for variance from the provisions of the Ordinance that are not assigned to the Board of Adjustment or the Council; e. Make reports and recommendations relating to the planning and development of the City, public improvements program and financing thereof; f. Preparation of reports and recommendations relating to the planning and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens; and g. Execution of other powers and duties assigned to a Planning and Zoning Commission by state law. Voting. The nine member commission shall vote on and take action on issues brought before it. Alternate members may vote when necessary as provided for in Chapter 7, Section 7-172B of the Code. Board of Adjustment. 1. Membership. The composition and membership of the Board of Adjustment of Jefferson City, also known herein as the “Board”, shall be in conformance with §89.080, RSMo. 2. Board of Adjustment Powers and Duties. The Board of Adjustment shall have the power and duty to consider and decide on the following in conformance with Chapter 7, Sections 35-73B and 3573C and RSMo. Chapter 89: a. Rev. 11/18/2014 Appeals. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of the City Zoning Ordinance. The vote required to take any official action shall be as provided in §89.090.2, RSMo. The procedures for filing an appeal shall be as provided in §89.100, RSMo., and the rules of procedure of the Board of Adjustment. The rules of procedure for the Board of Adjustment shall specify 35 - 5 the period of time within which an appeal shall be taken. Any party aggrieved by a decision of the Board of Adjustment may present a petition to the Circuit Court as provided by §89.110, RSMo. For purposes of this subsection, a “party aggrieved” means any person, neighborhood organization, officer, department, board, or bureau which is permitted by §89.110, RSMo., to present a petition to the court challenging a decision of the Board of Adjustment. D. b. Variances. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the Zoning Ordinance, the Board of Adjustment may vary or modify the application of any of the regulations or provisions of this Ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the Ordinance shall be observed, public safety and welfare secured and substantial justice done. The Board of Adjustment shall not have the power to vary or modify any ordinance relating to the use of land unless the applicant demonstrates that there is unnecessary hardship in the way of carrying out the strict letter of the Zoning Ordinance. c. Conditional Use Permits. Authorize conditional use permits pursuant to Section 35-73A. d. Other Matters. Hear and decide all matters referred to it or upon which it is required to pass under this Ordinance. e. Limitation. The Board shall not grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in the district, or to alter or change the provisions or requirements of the Zoning Ordinance or the Zoning Map. Director of Planning and Protective Services. The Director of Planning and Protective Services, or the Director’s designee, hereinafter referred to as “the Director,” shall have the responsibility and authority to administer and enforce the provisions of this Ordinance and shall have the following powers and duties in connection therewith. The Director shall: 1. Serve as staff for the Council, the Planning and Zoning Commission, and the Board of Adjustment and shall act as a liaison to other agencies and organizations in planning and zoning matters. 2. Review, render interpretations and make recommendations regarding the provisions of the Comprehensive Plan. 3. Review, render interpretations and make recommendations regarding the provisions of the Zoning Ordinance, the Official Zoning Map, Advertising and Sign Regulations, Subdivision Code, Building Code and Code of the City of Jefferson. 4. Accept applications for, review and prepare staff reports recommending approval, approval with conditions or denying approval of applications for the following: text amendments to the Comprehensive Plan, amendments to Development Plan Map, amendments to the text of the Zoning Ordinance, amendments to the Official Zoning Map, subdivision plats, variances, special exception permits, conditional use permits, planned developments, and annexation petitions. 5. Review and approve, approve with conditions or deny approval of applications for all planning clearance, building and other certificates and permits including permits for site plans, special uses, temporary uses, home occupations, changes of use, fences and signs; 6. Monitor and assist in the enforcement of this Ordinance and ensure compliance with the terms of application approvals. 7. Review and approve, approve with conditions or deny applications for all floodplain development permits to ensure that the provisions of this Ordinance will be met and that all necessary permits have been obtained from federal, state and local governmental agencies including approval when required from the U.S. Army Corps of Engineers for floodplain construction. 8. Approve minor amendments to planned unit development plans. Rev. 11/18/2014 35 - 6 9. Approve, where such authority has been delegated by the terms of this Ordinance, minor exceptions to this Ordinance. 10. The Director shall keep comprehensive records of applications, permits and certificates issued, inspections made, reports rendered, and notices or orders issued and of all permits, appeals, variances and such other transactions and correspondence pertaining to the administration of this Ordinance. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Director. Copies may be obtained from the Director and a fee shall be paid for the cost of reproduction. 11. If the Director finds that one of the provisions of this Ordinance is being violated, the Director shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it. The Director shall order: a. the discontinuance of the illegal use of land, buildings or structures; b. the removal of illegal buildings or structures, or additions, alterations or structural changes thereto; c. the discontinuance of any illegal work being done; d. or shall take any other action authorized by this Ordinance and the City. E. Coordination with Other Officials. The Director of Planning and Protective Services , Director of Parks and Recreation, Chief of Police, Fire Chief, City Counselor and City Prosecutor shall assist the Director in the enforcement of this Ordinance. They may be members of any committee established for the review of development applications. Officials of public utility companies also may be included in any plan review committee in order to determine that utilities will be available for the proposed development and will be sufficient to meet the needs of the new residents or utility users. (Ord. 13600, §16, 9-2-2003) (Ord. No. 14640, §1, 2-15-2010) Sec. 35-6. Applicability. A. Development Subject to Regulation. 1. B. No structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used: a. except for a purpose permitted in the district in which the building or land is located; b. unless the use is conducted in accordance with the conditions established in this Ordinance; c. unless the site and all structures on the site are designed and constructed pursuant to this Ordinance; and d. until the use or development has been authorized or permitted pursuant to this Ordinance. Exempt from Regulations. Certain structures and uses are exempt from this Ordinance and shall be permitted in any district as follows: 1. Any pole, wire, cable, conduit, vault, lateral, pipe, main, valve, regulator (including gas regulator) or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water operated or maintained by a public utility, but not including any cellular tower, electrical substation, switching station, lift station, pumping house, water tank or water tower located on or above the surface of the ground; 2. Any railroad track, signal, bridge or similar facility or equipment located on a railroad right-ofway; and 3. Any building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been Rev. 11/18/2014 35 - 7 approved by the Director, and provided it is removed within 60 days of issuance of a certificate of occupancy for the entire project. Sec. 35-7. Minimum requirements. The regulations of this Ordinance shall be regarded as the minimum requirements necessary for the protection of public health, safety or the general welfare. This Ordinance shall be liberally interpreted in order to further its underlying purposes. Sec. 35-8. Rules of interpretation. A. B. Rules of Language. For the purpose of this Ordinance, certain terms are hereby defined. 1. Words used in the present tense shall include the future; 2. The particular controls the general; 3. In case of difference of meaning or implication between the text of the Ordinance and the captions for each section, the text shall control; 4. All words, terms and phrases not otherwise defined herein shall be given their usual and customary meaning as defined in any recognized standard English dictionary, unless the context clearly indicates a different meaning was intended. Computation of Time. Unless otherwise specifically provided, the time within which an act is to be completed shall be computed by excluding the first day and including the last day, unless it is Sunday, which shall be included in the computation of time. All acts must be completed within the time frame specified subject to extension periods provided herein. Sec. 35-9. Coordination with other regulations and plans. A. Consistency with Comprehensive Plan. The Zoning Ordinance provisions and requirements shall be in conformance with the Comprehensive Plan and the Development Plan Map. B. Conflict. Whenever any provision of this Ordinance or any other applicable law, rule, contract, resolution or regulation of the City, County, State or Federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern. Whenever this Ordinance requires a lower height of a building or lesser number of stories, or requires a greater percentage of the lot to be left unoccupied, or imposes more restrictive standards than are required pursuant to any other statute or local regulation, these regulations shall govern. In case of conflicts within this Ordinance, the more specific or restrictive provision shall apply. (See §89.130, RSMo.) C. Development Under Prior Regulations. 1. Existing Uses. Existing legal uses may continue in compliance with this Ordinance or as legal nonconforming uses in conformance with Article VI. 2. Lots with Nonconforming Dimensions. Subject to the provisions of Article VI of this Ordinance, existing legal lots that do not meet minimum requirements for dimension and area may be developed subject to compliance with all other applicable standards of this Ordinance. Deviations for other than dimensional or area standards shall require a variance from the Board of Adjustment. 3. Development in Progress. Upon the date of passage of this Ordinance, all development shall comply with the requirements of this Ordinance unless the applicant can demonstrate that he or she has proceeded with the development in good faith, acting upon assurances of the City as manifested by the following: Rev. 11/18/2014 35 - 8 D. a. A building permit has been issued to the applicant and the applicant has made substantial expenditures, done substantial construction, and will complete the work within 12 months of adoption of this Ordinance; or b. A development agreement between the City and the applicant has been executed and is in full force and effect; or c. The applicant has submitted a completed application under the prior Zoning Ordinance at the time of adoption of this Ordinance and that application is approved; or d. The applicant maintains a valid permit issued under the prior Ordinance. Council approval shall be required for all extensions of nonconforming applications for more than 12 months after adoption of this Ordinance. Relation to Other Regulations and Private Agreements. The provisions of this Ordinance are not intended to affect any deed restriction, covenant, easement or any other private agreement or restriction on the use of land; provided, that where the provisions of this Ordinance are more restrictive or impose higher standards than any such private restriction, the requirements of this Ordinance shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this Ordinance, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions. Sec. 35-10. Application of regulations during local emergency. The Council shall have the authority to waive certain standards of this Ordinance during local emergencies declared by federal, state or local officials. Sec. 35-11. Zoning of annexed land. Land that is voluntarily annexed shall be classified as RU Rural Use District unless a plan for its use is submitted in accordance with Section 35-76. Land shall be re-zoned in accordance with Article VII, Section 3575. Land that is involuntarily annexed by the City shall be zoned in accordance with the Plan of Intent, if applicable. Sec. 35-12. Severability. If any article, section, subsection, sentence, clause or phrase of this Zoning Ordinance is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Jefferson hereby declares that it would have passed the ordinance which adopted this Zoning Ordinance and each article, section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more other articles, sections, subsections, sentences, clauses and phrases be declared unconstitutional. Therefore, it is hereby declared to be the legislative intent that: (1) the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and (2) such decision shall not affect, impair or nullify this Ordinance as a whole or any other part thereof, but the rest of the Ordinance shall continue in full force and effect. Secs. 35-13. - 35-19. Reserved. Rev. 11/18/2014 35 - 9 ARTICLE II. DISTRICT REGULATIONS. Sec. 35-20. Purpose of zoning districts. These regulations are made in accordance with the adopted Comprehensive Plan for the City of Jefferson. The City is zoned in districts that are established to achieve the purposes set forth in Section 35-2 as defined by each district’s purpose. Sec. 35-21. Application of zoning district regulations. A. B. The district regulations apply uniformly to each class and type of structure or land, within each district as specified, except as may be provided otherwise within this Ordinance. To carry out the purposes of this Ordinance, the City is hereby divided into five general classifications of districts. RU and RC District Rural Use and Rural Conservation R Districts Residential C Districts Commercial M Districts Industrial PUD Planned Development The classifications of districts are further divided into the following specific districts: RU Rural RC Conservation RS-1 Residential, Low Density Detached RS-2 Residential, Low Density Detached RS-3 Residential, Medium Density Detached RS-4 Residential, Medium Density Detached RD Residential, Medium Density Attached RA-1 Residential, High Density RA-2 Residential, High Density N-O Neighborhood Office C-O Office Commercial C-1 Neighborhood Commercial C-2 General Commercial C-3 Central Commercial M-1 Light Industrial M-2 General Industrial PUD Planned Unit Development Rev. 11/18/2014 35 - 10 Sec. 35-22. Zoning map and district boundaries. A. The boundaries of the district are shown upon the map attached hereto and made a part hereof, which map is designated as the "Official Zoning Map." The Official Zoning Map and all notations, references and other information shown thereon are a part of this Ordinance and have the same force and effect as if the Official Zoning Map and all the notations, references and other information shown thereon were all fully set forth or described herein. The Official Zoning Map is properly attested and is on file with the City Clerk. B. Whenever any street, alley or other public way is vacated by official action of the Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated areas and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. C. Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map accompanying and made a part of this Ordinance, the following rules apply: D. 1. The district boundaries are either streets, centerlines of streets or highways, or alleys, unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by street, centerlines of streets or highways, or alley lines, the street or alley shall be construed to be the boundary of the district. 2. The boundaries indicated as following section or aliquot lines shall be construed to follow such lines. 3. Except as provided in Paragraph 5 below, where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the Official Zoning Map accompanying and made a part of this Ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. 4. In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale appearing on the map. 5. Parcels Split by Two or More Zoning Districts. Where a district boundary line(s) as established by this Ordinance or as shown on the Official Zoning Map divides a lot which was in single ownership and of record on [the date of adoption of the Official Zoning Map], the use thereon and the other district requirements applying to the district within which the larger portion of the lot lies shall apply to the entire lot provided the district boundary line dividing the parcel is within 30 feet of the lot line. If the distance from the district boundary line and the lot line is greater than 30 feet, the separate districts shall apply to each portion until such time as the parcel may be rezoned in accordance with Section 35-74. Maintenance of Official Zoning Map. If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries or other matters portrayed on the Official Zoning Map, the Ordinance number and the date of said change shall be indexed to the Map by the Director. Sec. 35-23. General standards applicable to all zoning districts. A. Authorized Uses. Exhibit 35-28 lists uses authorized and prohibited in the Rural and Conservation Districts: RU and RC; in the Residential Districts: RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2 and N-O; and in the Non-Residential Districts: C-O, C-1, C-2, C-3, M-1 and M-2. B. Supplementary Conditions. Development in zoning districts shall conform to the supplemental conditions applicable to specific uses in the particular district as established in Article IV of this Ordinance. C. Site Design and Improvement Standards. Development in any zoning district shall conform to the site design and improvement standards as established in Article V of this Ordinance. D. Special Conditions. Development shall conform to the special conditions applicable to a specific district as established in Sections 35-23 through 35-27 of this Article. Rev. 11/18/2014 35 - 11 E. Residential Uses. All residential uses, wherever located, shall comply with the applicable adopted building and fire codes. Sec. 35-24. Rural and conservation districts, RU and RC. A. RU Rural District. 1. Purpose. RU District is intended for very low density residential uses and the continued operation of existing crop farms and ranches. Some higher intensity uses may be authorized where adequate access and services are available. 2. Special Conditions. The following special conditions shall apply within the RU district: a. b. B. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Location and Access Standards. No standards have been established for this district. RC Conservation District. 1. Purpose. RC District implements the Parks and Open Space Development Plan Land Use Category. RC District is intended for the maintenance of rural areas and preservation of environmentally sensitive lands. 2. Special Conditions. The following special conditions shall apply within the RC District: a. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. b. Location and Access Standards. No standards have been established for this district. c. Residential Uses. Residential uses are prohibited. Sec. 35-25. Residential districts: RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-O. A. RS-1 Low Density Residential District. 1. Purpose. The RS-1 District implements the Low Density Residential (Detached) Development Plan Land Use Category. The RS-1 District is intended for low density residential living and public uses that traditionally serve residential neighborhoods. 2. Special Conditions. The following special conditions shall apply within the RS-1 District: a. b. B. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Location and Access Standards. No standards have been developed for this district. RS-2 Low Density Residential District. 1. Purpose. The RS-2 District implements the Low Density Residential (Detached) Development Plan Land Use Category. The RS-2 District is intended for lower density, detached single-family residential living and activities that traditionally serve residential neighborhoods. 2. Special Conditions. The following special conditions shall apply within the RS-2 District: a. District Size. (1) Rev. 11/18/2014 Minimum district size: There is no minimum district size. 35 - 12 (2) b. C. 1. Purpose. The RS-3 District implements the Medium Density Residential (Detached) Development Plan Land Use Category. The RS-3 District is intended for medium density detached singlefamily residential dwellings and activities that traditionally serve residential neighborhoods. 2. Special Conditions. The following special conditions shall apply within the RS-3 District: b. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Location and Access Standards. No standards have been developed for this district. 1. Purpose. The RS-4 District implements the Medium Density Residential (Detached) Development Plan Land Use Category. The RS-4 District is intended for detached medium density single family residential living and activities that traditionally serve residential neighborhoods. 2. Special Conditions. The following special conditions shall apply within the RS-4 District: b. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Location and Access Standards. No standards have been developed for this district. RD Residential District. 1. Purpose. The RD District implements the Medium Density Residential (Attached) Development Plan Land Use Category. The RD District is intended for medium density residential development, where duplexes and attached single family residential dwellings are permitted, as well as activities that traditionally serve residential neighborhoods. 2. Special Conditions. The following special conditions shall apply within the RD District: a. b. F. District Size. RS-4 Medium Density Residential District. a. E. Location and Access Standards. No standards have been developed for this district. RS-3 Medium Density Residential District. a. D. Maximum district size: There is no maximum district size. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Location and Access Standards. No standards have been developed for this district. RA-1 Residential District. 1. Purpose. The RA-1 District implements the High Density Residential Development Plan Land Use Category. The RA-1 District is intended for medium-high density residential living and includes various dwelling types, such as single family dwellings, townhouses, row houses, triplex and four-plex dwellings as well as activities that traditionally serve residential neighborhoods. 2. Special Conditions. The following special conditions shall apply within the RA-1 District: a. b. Rev. 11/18/2014 District Size. (1) Minimum District Size: The minimum district size shall be one acre. (2) Maximum District Size: There is no maximum district size. Location and Access Standards. No standards have been developed for this district. 35 - 13 G. RA-2 Residential District. 1. Purpose. The RA-2 District implements the High Density Residential Development Plan Land Use Category. The RA-2 District is intended for high density residential living and includes various dwelling types and densities including single family attached dwellings, townhouses, row houses, triplexes, four-plex dwellings, apartment buildings and other types of multiple family dwellings as well as activities that traditionally serve residential neighborhoods 2. Special Conditions. The following special conditions shall apply within the RA-2 District: a. b. H. District Size. (1) Minimum district size: The minimum district size shall be one acre. (2) Maximum district size: There is no maximum district size. Location and Access Standards. No standards have been developed for this district. N-O Neighborhood Office District. 1. Purpose. This District is intended to provide to a mix of detached single family residences and low intensity office uses. 2. Special Conditions. The following special conditions shall apply within the C-O District: a. b. c. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Restrictions on new buildings, additions or alterations to existing buildings: (1) Height may not exceed the mean height of principal buildings on abutting parcels; (2) New buildings, additions or alterations to existing buildings shall not exceed the average setback of the abutting buildings. (3) New buildings, additions or alterations shall be in conformance with neighborhood conservation or neighborhood historic preservation design standards, if applicable. Special Conditions for Office Use, including Construction, Alterations or Conversion to Office: (1) All off-street parking shall be accommodated in the rear yard. (2) All off-street parking shall be screened in accordance with Section 35-58. (3) No commercial activity shall be conducted outside the principal building. (4) Office operations shall be limited to the hours from 6:00 a.m. to 10:00 p.m. (5) No accessory structures, other than garages, shall be permitted. Accessory uses are limited to uses which are secondary to and supportive of the principal use. (6) Retail sales may be authorized only if incidental to the permitted use and conducted inside the principal building. The retail sales area may occupy not more than ten percent of the floor area devoted to the primary use. Sec. 35-26. Non-residential districts: C-O, C-1, C-2, C-3, M-1, M A. C-O Office Commercial District. 1. Rev. 11/18/2014 Purpose. The C-O District implements the Commercial Development Plan Land Use Category. The C-O District is intended to provide areas for public, semi-public, institutional and professional offices where the buildings are grouped and surrounded by landscaping and open space areas. 35 - 14 2. Special Conditions. The following special conditions shall apply within the C-O District: a. b. B. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. Street Access. No C-O District shall derive its primary access from a local street abutting a residential district. C-1 Neighborhood Commercial District. 1. Purpose. The C-1 District implements the Commercial Development Plan Land Use Category. The C-1 District is intended to provide small convenient, indoor retail/commercial services and offices, and in residential neighborhood locations at an intersection or on a major street. Buffering, landscaping and open space areas separate the commercial and office uses from residential uses. Note: The C-1 Neighborhood Commercial District is primarily intended to be a commercial and retail zoning district. Due to the nature of these uses and the attendant traffic and noise, persons inhabiting residential uses in non-residential buildings, as defined in Article IX, should not expect to find the quiet and low level of ambient noise normally found in residential districts. 2. Special Conditions. The following special conditions shall apply to the C-1 District: a. b. C. District size. (1) Minimum district size: Minimum district size shall be one acre. (2) Maximum district size: Maximum district size shall not exceed ten acres. Location and Access Standards. (1) C-1 Districts shall be separated by a distance of at least one-half mile; (2) C-1 Districts shall be located within one-quarter mile of the intersection of an arterial street and a residential street; C-2 General Commercial District. 1. Purpose. The C-2 District implements the Commercial Development Plan Land Use Category. The C-2 District is intended to accommodate general trades and commercial services not permitted in central and neighborhood commercial districts located at select nodes, intersections and highway interchanges to serve the motoring public and highway users. Buffering, landscaping and open space areas are required to mitigate impacts of the more intensive land uses and traffic activities as well as provide adequate access and traffic improvements. Note: The C-2 General Commercial district is primarily intended to be a commercial and retail zoning district. Due to the nature of these uses and the attendant traffic and noise, persons inhabiting residential uses in non-residential buildings, as defined in Article IX, should not expect to find the quiet and low level of ambient noise normally found in residential districts. (Ord. 13879, §2, 5-16-2005) 2. Special Conditions. The following special conditions shall apply within the C-2 District: a. b. Rev. 11/18/2014 District size. (1) Minimum district size: Minimum district size shall be one acre. (2) Maximum district size: There is no maximum district size. Location and Access Standards. (1) C-2 Districts shall be bordered on at least one side by an arterial street. (2) No C-2 use shall derive its primary access from a local street abutting a residential district. 35 - 15 D. C-3 Central Commercial District. 1. Purpose. The C-3 District implements the Commercial Development Plan Land Use Category. The C-3 District is intended to provide concentrated retail and services for public, semi-public, institutional and professional and business offices and services within the area around the State Capitol and Downtown. Note: The C-3 Neighborhood Commercial District is primarily intended to be a commercial and retail zoning district. Due to the nature of these uses and the attendant traffic and noise, persons inhabiting residential uses in non-residential buildings, as defined in Article IX, should not expect to find the quiet and low level of ambient noise normally found in residential districts. 2. Special Conditions. The following special conditions shall apply within the C-3 District: a. E. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. b. Location and Access Standards. No standards have been established for this district. c. Residential Uses. Residential uses located in commercial and non-residential buildings shall be limited to the second and higher stories of buildings. M-1 Light Industrial District. 1. Purpose. The M-1 District implements the Industrial Development Plan Land Use Category. The M-1 District is intended to accommodate limited, light industries that manufacture and assemble finished products with limited land use impacts. Buffering, landscaping and open space areas are required to mitigate impacts of land uses on adjacent development. 2. Special Conditions. All industrial uses shall be operated in compliance with the special conditions described below. All uses shall be constructed, maintained, and operated so as not to be injurious to the use and occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire, explosive hazard, glare or similar nuisance. a. F. District Size. District Size. (1) Minimum district size: There is no minimum district size. (2) Maximum district size: There is no maximum district size. b. Location and Access Standards. No M-1 District shall derive its primary access from a local street abutting a residential district. c. Residential uses. Residential uses as principal uses are prohibited provided, however, that one single dwelling unit may be provided on any site for a caretaker or night watchman. M-2 General Industrial District. 1. Purpose. The M-2 District implements the Industrial Development Plan Land Use Category. The M-2 District is intended to permit any use allowed in the M-1 District as well as more intensive manufacturing, processing of raw materials. Extensive buffering, landscaping and open space areas are required to mitigate impacts of the intensive land uses and traffic. 2. Special Conditions. The following special conditions shall apply to development in the M-2 District: a. Rev. 11/18/2014 District Size. (1) Minimum district size: Minimum district size shall be ten acres. (2) Maximum district size: There is no maximum district size. 35 - 16 b. Location and Access Standards. No M-1 District use shall access a street in a residentially zoned district. c. Residential Uses. Residential uses are prohibited as principal uses, however, one single dwelling unit may be provided on any site for a caretaker or night watchman. Sec. 35-27. Planned unit development district. A. Purpose. To provide land use and design flexibility in exchange for long term community benefits where streets and utilities are adequate and where proposed development is compatible with existing and planned development on adjacent property. The PUD District generally will require simultaneous subdivision and rezoning, as well as the execution of a development agreement to provide for the installation and continued maintenance of public and private facilities. The PUD District requires review pursuant to Section 35-74C to ensure that development flexibility results in high quality developments providing amenities for district residents and long-term benefits for the community as a whole. B. Establishment of Allowed Uses. The following uses may be authorized within the PUD district at the discretion of the Council: 1. Any use specifically authorized within a district that implements the Development Plan Land Use Plan pursuant to this Ordinance. 2. Any other use that the Council finds compatible with the existing and planned uses in the development and on adjacent properties. 3. Manufactured home subdivision development in conformance with Article IV, Section 35-41. C. Adoption and Modification of Authorized Uses. The Council, at the time of adoption of an ordinance establishing the PUD district, shall list the uses that are authorized. All authorized uses shall be subject to applicable approval processes established in Article VII, Section 35-74C of this Ordinance. Modification of the authorized use lists for any planned development shall be processed pursuant to the rezoning process established in Article VII, Section 35-74C of this Ordinance. D. Special Conditions. 1. Generally. Planned developments shall comply with the standards of this Ordinance, except when the City finds that public or private amenities provided by the proposed development exceed those that would be achieved through development that strictly complies with the minimum standards of this Ordinance. 2. Minimum District Size. A minimum of ten acres shall be required for the establishment of the PUD District, unless the Planning and Zoning Commission recommends and the Council finds that a PUD district is appropriate for the development or redevelopment of a smaller infill site. 3. Location and Access Standards. 4. Rev. 11/18/2014 a. Location. The PUD Plan shall be compatible with existing and planned development on adjacent property. The Planning and Zoning Commission may recommend extension of the PUD District to include additional area, including those areas where a previously approved PUD District abuts land of a different zoning. b. Access. The PUD Plan shall include provisions to coordinate with existing and proposed transportation systems, including streets, transit facilities, bikeways or pedestrian trails. Residential Density. Gross residential densities, as defined in Article IX, shall be established at the time of preliminary plan approval. Densities greater than those designated in the adopted Development Plan Land Use Plan shall be based on the compatibility of the proposed development with adjacent uses, the adequacy of facilities and services and the amenities provided for users of the development. 35 - 17 5. 6. 7. 8. Non-Residential Intensity. For non-residential development, a maximum floor area ratio (FAR) shall be established at the time of the planned development approval process. In determining the maximum FAR, the Planning and Zoning Commission and Council shall consider: a. The intensity of adjacent development; b. Demands for the non-residential development proposed in the PUD; c. The mix of residential and non-residential development in the vicinity; d. The adequacy of transportation facilities, including streets, parking, transit facilities and bicycle/pedestrian facilities; and e. The adequacy of utilities and public facilities and services. Setback. Building setbacks shall be not less than the minimum setback standards established in Article V for the district that implements the designated Development Plan Land Use category unless the applicant can demonstrate that: a. buildings can be designed safely and compatibly with smaller setbacks; b. reduced setbacks are offset by the provision of readily accessible private or common open space; c. modified setbacks provide for the protection of steep hillsides, wetlands or other environmentally sensitive natural features; and d. all buildings are provided with adequate emergency access for fire protection. Community Amenities. Deviation from the standards may be recommended by the Planning and Zoning Commission and approved by the Council subject to the provision of the following community amenities. a. Transportation amenities, including additional trails, bike or pedestrian amenities, and/or transit-oriented improvements (including school bus shelters); b. Park land dedication and facilities for active or passive recreation; c. Open space or agricultural land reservation; d. Community facilities for provision of public services beyond those required for development within the PUD; or e. Other provisions in excess of minimum standards that the Planning and Zoning Commission and the Council find provide sufficient community benefit to offset the proposed deviation from strict development standards. Landscape Buffers. The placement and extent of landscape buffers shall be depicted upon the PUD Plan and approved by the Planning and Zoning Commission, however, the standards for such buffers shall not be less than those contained in Section 35-59 and landscape buffers in a PUD shall in no case be less than the landscape buffer required by Exhibit 35-59A and Exhibit 3559B. E. Traffic Impact Analysis. In the case of large or complex developments, the Commission may recommend and the Council may require that a traffic impact analysis be prepared pursuant to Section 35-60. F. Approval of PUD by Adoption of PUD Ordinance. Approval of the PUD, by adoption of an ordinance that sets forth the conditions for development of the PUD, allows the development and use of a parcel of land under certain specific conditions. No use of the parcel, nor construction, modification, or alteration of any use or structures within the PUD project shall be permitted unless such construction or use complies with the terms and conditions of the approved plan as evidenced by the adopting ordinance. Each subsequent owner and entity created by the development (such as property owner's associations or an architectural review committee) shall comply with the terms and conditions established in the adopting ordinance. At the option of the City, a development agreement may be drawn up between the parties. Rev. 11/18/2014 35 - 18 G. Coordination with Subdivision. 1. Conformance with Subdivision Review. Subdivision review, in accordance with Chapter 33, The Subdivision Regulations, shall be carried out simultaneously with the review of the PUD zoning in conformance with Article VII, Section 35-74C of this Ordinance. 2. Conformance with Subdivision Requirements. The development plans submitted under Article VII shall satisfy the requirements of the Subdivision Regulations for preliminary plat and final plat in Chapter 33. 3. Final Plat Not Required, When. The requirements of this Section and those of Chapter 33 shall apply to all PUD projects, provided, however, that when the PUD is proposed in an existing subdivision and no changes are proposed to existing lot boundaries, rights-of-way, or public or private easements, no new final plat shall be required. H. Relationship to Building Codes. In no case shall the requirements of any adopted building or fire codes be varied as a part of the approval process of a PUD. I. Planned Unit Development District Designation. The Director shall show the approved PUD District on the Official Zoning Map by specifying the official development file number. J. Amendment of the Plan. A PUD Plan may be amended in conformance with Article VII, Section 35-74C. Sec. 35-28. Matrices of permitted, conditional and special exception use land uses and classification of uses not listed. A. Land Uses Authorized in Zoning Districts. Exhibit 35-28 lists the principal uses allowed within the zoning districts. The categories of uses listed below are subject to all other applicable standards of this Ordinance. The Exhibit lists use categories and an abbreviated definition of each respective use category. In some cases, “Specific Use Types” are listed in the second column of the table. If a Specific Use Type is listed in the table, that use type is allowed only within the districts indicated, not within the districts that allow the broader Use Category. See also Section 35-41 for Specific Use Standards. P Permitted Uses. A “P” indicates that the listed use is allowed by-right within the respective zoning district. SE Special Exception Uses. An “SE” indicates that the listed use is allowed within the zoning district only after review and approval of a Special Exception Use Permit by the Commission and Council, in accordance with the review procedures of Article VII, Section 35.73D. C Conditional Uses. A “C” indicates that the listed use is allowed within the zoning district only after review and approval of a Conditional Use Permit by the Board of Adjustment, in accordance with the review procedures of Article VII, Section 35-73.A. - Prohibited Uses. A “–” indicates that the listed use type is not allowed within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this Ordinance. B. Uses Not Provided for In Zoning Districts. In the case where a use is not specifically listed in Table 35-28, the Director shall determine the appropriate district or districts where such use shall be allowed based on a comparison of other uses which most closely resemble the unlisted use. Classification of a use may be appealed to the Board of Adjustment. Rev. 11/18/2014 35 - 19 Use Category Specific Use Type Exhibit 35-28: Land Uses Authorized in Zoning Districts Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 M-2 1. Residential A. Household Living 1. Single-Family, Detached 2. Single-Family, Attached 3. Duplex 4. Triplex 5. Multi-Family (7 or fewer units in building) 6. Multi-Family (8 or more units in building) 7. Bed and Breakfast Home, see "Lodging" for B&B Inn 8. Boarding House 9. Residential Use in Nonresidential Building B. Group Living 10. Night Watchman or Caretaker quarters 1. Assisted Living Facility 2. Residential Care Facility 3. Group Home Facility as defined by Article IX for 8 or fewer persons 4. Group Home Facility as defined by Article IX for more than 8 persons 5. Community Residence more than 5 persons 6. Residential Treatment Facility-Penal P P P P P P P P P - - - - - - - - - - - - P P - P P P P P P - - - - - - - - - - - - - - P P - - - - - - - - - - - - - - P P - - - - P - - - P - - - - - C P - - - - - - - - - - - - - - - C - - C C - - - - - - - - - - - - P - P P P P - - - - - - - - - - - - C C C P P P C SE SE - SE - SE - SE - C - P P P P C C - P C C C - C C - - P P P P P P P P P - C C - C - - - - - - - - SE SE - - - SE - SE - - C C C C C C P P C - P C - C - - - - - - - - - SE - - - SE - SE - - SE - - - - - - - - P - - - - - - 2. Institutional & Civic A. Cemetery Rev. 11/18/2014 1. Cemetery - Not less than 20 acres is required 35 - 20 Use Category Specific Use Type Exhibit 35-28: Land Uses Authorized in Zoning Districts Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 M-2 for establishment or enlargement B. Community Services C. Cultural Facilities D. Day Care for Adults or Children 1. Neighborhood Center, Community Activity Building 2. Philanthropic or Religious Affiliated Club, Institution or Organization - on a site not less than 5 acres 1. Museums, Art Galleries, Opera Houses, Concert Hall, Library 1. Adult Day Care Service (6 or fewer adults) 2. Adult Day Care Home (7-10 adults) 3. Adult Dare Care Center (more than 10 adults) 4. Child Day Care Service (6 or fewer children) 5. Child Day Care Home (7-10 children) 6. Child Day Care Center (more than 10 children) E. Detention Facilities F. Health Care Facilities Rev. 11/18/2014 1. Privately Operated Jails, Honor Camps, Reformatories, Juvenile Detention Facilities 1. Clinics - (Outpatient) Medical or Dental Offices or Clinics; Counseling Centers 2. Substance Abuse Treatment Facility Inpatient and/or Outpatient 3. Hospital - Physical & Mental Rehabilitation (not for criminal or animal) - SE SE SE SE SE SE SE SE SE - P P P P - - SE SE SE SE SE SE SE SE SE - P P P P - - - - - - - - - - - - P P P P - - P P P P P P P P P - - - - - - - P P P P P P P P - - - - - - - - - - - - - - - - - - P P P P - - P P P P P P P P P - - - - - - - P P P P P P P P - - - - - - - - - - - - - - - - - - P P P P - - - - - - - - - - - - - - - - SE SE - - - - - - - - - - P P P P P - - - - - - - - - - - P P P P P - C - - - - - - - - - P P P P P - 35 - 21 Use Category Specific Use Type Exhibit 35-28: Land Uses Authorized in Zoning Districts Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 M-2 Inpatient and Outpatient 4. Nursing, Convalescent Care - with building area less than 10,000 sf 5. Nursing, Convalescent Care - with building area of 10,000 sf or more 6. Medical Park - on a total site of 5 acres or more G. Parks & Open Space, Recreation and Entertainment Rev. 11/18/2014 1. Country Club, Golf Club-Development or expansion - on a total site of not less than five acres 2. Recreational Facility, Public (per definition in Article IX) 3. Privately owned recreational facilities such as golf and country clubs, swimming or tennis clubs, constructed in conjunction with an approved residential development, owned and maintained in common by the residents of the development Development or expansion 4. Riding Academy, Horse Boarding - Development or expansion - on a total site of not less than five acres 5. Amusement Park 6. Athletic Fields Development or expansion - on a total site of not less than five acres SE - - - - - P P - - P C C C - - - - - - - - C C - - P C C C - - - - - - - - - - - P P P SE - - SE SE SE SE SE SE SE SE - SE - - - - - - P P P P P P P P P P P P P P P P SE SE SE SE SE SE SE SE - - - - - - - - C - - - - - - - - C - - - - - - - - - - - - - - - - - - SE - - - SE - - - - - - - - SE - - - - - - 35 - 22 Use Category Specific Use Type 7. Commercially Operated Outdoor Recreational Facilities Including Only the Following: Batting Cage, Driving Range, Miniature Golf, Go Cart Track, Swimming Pool, Tennis Court, Golf Center 8. Drive-In Theater 9. Guest Ranch, Resort Cabins and Lodges, Hunting and Fishing Resort, Ski Resort, RV Parks and Campgrounds and Incidental Services and Facilities - on a site of not less than 20 acres 10. Marina, Yacht Club, Boat Dock 11. Indoor Athletic and Exercise Clubs; Sports and Recreation Clubs, Gymnasiums, Boys and Girls Clubs; except Gun Clubs and Shooting Clubs 12. Indoor Amusement CenterBilliard, Pool Hall, Miniature Golf, Video Arcade 13. Indoor Shooting Range, Target Range, Trap or Skeet Shooting; All operations indoors 14. Outdoor Shooting Range, Target Range, Trap or Skeet Shooting; Outdoor operations Rev. 11/18/2014 Exhibit 35-28: Land Uses Authorized in Zoning Districts Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 M-2 C - - - - - - - - - - - C - C C - - - - - - - - - SE - - SE - - - - - - - - - - - - - C - - C C C - - - - - - - - - - - - P P P - - - - - - - - - - - - P P P P - - C - - - - - - - - - - - C - C - C - - - - - - - - - - - - - C - 35 - 23 Use Category H. Private Clubs, Lodges I. Religious or Religious Assembly J. Schools Rev. 11/18/2014 Specific Use Type 15. Open Land, including privately held Open Space and Natural or Conservation Areas as provided for in Section 3541 Specific Use Standards 1. Fraternity, Sorority House 2. Lodge, Other Private Club - on a site not less than 5 acres 1. Church or Place of Worship, Including Residential Components such as Convents and Monasteries 2. Church-Related Facilities, Including Thrift Shop, Soup Kitchen, Counseling Center, etc 3. Church Parking Lot, OffSite (same as Land Use 3.D.1) 1. Private & Parochial with Boarding - on a site not less than 5 acres 2. Private & Parochial - No Boarding 3. Public Schools, Elementary, Middle and Secondary 4. Dance/Art/Music Schools 5. Business Schools, PostSecondary Colleges, Universities, on a site less than 5 acres 6. Business Schools, PostSecondary Colleges, Universities, on a site not Exhibit 35-28: Land Uses Authorized in Zoning Districts Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 M-2 SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE - SE SE SE SE SE SE SE SE - - P P P - - SE SE SE SE SE SE SE SE SE - - P P P - - P P P P P P P P P P P P P P P P - - - - - - - - - - - P P P - - - C C C C C C C - - - - - - - - SE SE - - - - - SE - - - - C - - - - C C C C C C C - - C P P C - - C C C C C C C C C C C C C C C C - - - - - - - - - - P P P P - - C P P C C SE SE P SE SE - - - - 35 - 24 - - - - - - - Use Category Specific Use Type Exhibit 35-28: Land Uses Authorized in Zoning Districts Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 SE SE P SE Se M-2 less than 5 acres 7. Vocational and Technical Schools K. Telecommunications Facilities L. Utility, Basic Rev. 11/18/2014 8. All other educational institutions, on a site not less than 5 acres 1. Telecommunications Facilities not exceeding 70 feet in height and capable of accommodating at least one additional carrier. 2. Telecommunication Facilities not Permitted Under Sections 35-72.G or 35-42 and exceeding 70 in height or telecommunication towers less than 70 feet in height not capable of accommodating at least one additional carrier 1. Service Lines, Gas Regulators and Utility Service Facilities 2. Lift Stations, Telephone Switching Stations, Electrical Substations and Water Tanks, Towers Pump Stations - - - - - - - - - - - SE SE SE - - P P P P P P P P P P P P P P P P C C C C C C C C C C C C C C C C P P P P P P P P P P P P P P P P C C C C C C C C C C C C C C C C 35 - 25 M. Utility Corridors 3. Commercial Use A. Entertainment Event, Major B. Lodging C. Offices - Other Than Health Care Facilities D. Parking Facilities E. Printing and Publishing Rev. 11/18/2014 1. Pipelines for oil and gas; Electric Transmission Lines, other passageways for bulk transport of energy products 1. Indoor Facilities with 100,000 sf or less 2. Indoor Facilities with more than 100,000 sf 3. Outdoor Facilities 1. Hotels and Motels with building area of 50,000 square feet or less 2. Hotels & Motels with building area of 100,000 sf or less 3. Hotels & Motels with building area more than 100,000 sf 4. Bed & Breakfast Inns Not serving Food to the General Public 5. Bed & Breakfast Inn Serving Food to the General Public 1. Professional Business Office with building area 100,000 sf or less 2. Professional Business Office with building area more than 100,000 sf 1. Off-Site Automobile Parking Facility, Garage or Lot 2. Commercial Automobile Parking Facility, Garage or Lot 3. Vehicle Storage Lot 1. Print/Copy Shop C C C C C C C C C C C C C C C C - - - - - - - - - - - SE P P P - - - - - - - - - - - - SE SE SE SE - - - - - - - - - - - - - SE - SE - - - - - - - - - - - - P P P - - - - - - - - - - - - - - P P - - - - - - - - - - - - - - SE SE - - C - - - - - - C - - P P P P - - C - - - - - - - - - P P P P - - - - - - - - - - P - P P P P P P - - - - - - - - - - SE SE SE SE SE SE - C C C C C C C C - P P P P P P - - - - - - - - - - P P P P P P - - - - - - - - - - - - - - P P - - - - - - - - - - - P P P - - 35 - 26 F. Laboratories and Research G. Retail Sales and Service Rev. 11/18/2014 2. Offset Letterpress, Wholesale Publishing, Catalogues with building area of 100,000 sf or less 3. Offset Letterpress, Wholesale Publishing, Catalogues with building area of more than 100,000 sf 4. Newspaper Publishing with building area of 100,000 sf or less 5. Newspaper Publishing with building area of more than 100,000 sf 1. Industrial, Medical, Research - Testing or Experimental Laboratory 2. Medical Research Facility, including biological and genetic; Industrial Research Facility, including hazardous or combustible materials 1. Alcohol Sales - Retail Package Liquor 2. Alcohol Sales - in Restaurant 3. Alcohol Sales - Bar or Tavern 4. Animal Hospital, Veterinarian - Small Animal 5. Animal Hospital, Veterinarian - Large Animal 6. Automatic Teller Machine (ATM) as principal or accessory use; walk-up only 7. Bakery - Commercial or Wholesale Bakery, with Limited Walk-In Retail - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P P P P - - SE SE SE SE - - - P P P P - - - - SE SE SE SE - - - - - P - P P - - - - - - - - - P - - - - - - C P P - - - - - - - - - P P P - - - - - - - - - - C P P - - - - - - - - - - - P P P - - - - - - - - - - - - - P - - P - - - - - - P P P - P P P P - - - - - - - - - - - - - - C - P P 35 - 27 - Trade 8. Bakery - Retail Trade 9. Beverage Bottling Works 10. Bank, Financial & Insurance 11. Contractors and Trade Shops - Indoor operations and storage 12. Contractors and Trade Shops - Indoor operations and outdoor storage (including storage of heavy equipment and vehicles) 13. Contractors and Trade Shops - Outdoor storage and operations (including storage of heavy equipment and vehicles) 14. Delivery & Dispatch Services (vehicles on-site) G. Retail Sales and Service Rev. 11/18/2014 15. Drive-Through Uses and Facilities not elsewhere specified 16. Farm Feed Store, including Storage of Liquid and Solid Fertilizer 17. Farm Implement Sales & Repair 18. Flea Market, Swap Meet 19. Food Service, Catering 20. Food Service - Walkin, Walk-up Restaurants 21. Food Service - Drive-In and/or Drive-Through 22. General Retail, Rental and Repair of Goods indoor operations, display and storage - - - - - - - - - - - P P P - - - - - - - - - - - - - - C - P - - - - - - - - - - - P P P P - - - - - - - - - - - - - C P - P P - - - - - - - - - - - - C - P P - - - - - - - - - - - - - - C P - - - - - - - - - - - - P - P C - - - - - - - - - - P P P P P - - - - - - - - - - - - - P - P P - - - - - - - - - - - - P - P C - - - - - - - - - - - - C - - - - - - - - - - - - - - P P P P - - - - - - - - - - - - P P P P - - - - - - - - - - - - - P - P - - - - - - - - - - - - P P P - - 35 - 28 H. Radio/Television I. Storage Rev. 11/18/2014 22a. General Retail, Rental and Repair of Goods - indoor operations, display and storage with building area more than 100,000 sf 23. General Retail, Rental and Repair of Goods outdoor operations, display and storage 24. Greenhouse, Plant Nursery 25. Kennel - Indoor 26. Kennel - Outdoor 27. Laundromat, self service 28. Laundry Service Walk-In Trade, including dry-cleaning, pressing, dyeing 29. Laundry Service - No Walk-In Trade, including Diaper Service, Linen Service, Uniform Service 30. Lumberyard including Outdoor Display and Storage 31. Manufactured Homes, Modular Building Components Sales and Service 32. Mortuary, Funeral Home 33. Funeral Arrangement Service Office 34. Services, Personal 35. Dog Day Care and Grooming, indoor operations 1. Broadcasting Station/Radio or Television 1. Indoor Mini-Warehouse or indoor storage for office - - - - - - - - - - - SE SE SE - - - - - - - - - - - - - - P SE - - C - - - - - - - - - - C P - P - - - - - - - - - - P - - P - - - P P - - - - - - - - - - - P P P - - P P P - - - - - - - - - - - - P - P - - - - - - - - - - - - - C - P C - - - - - - - - - - - - P - - - C - - - - - - - - - - P P P - - - - - - - - - - - - P P P P - - - - - - - - - - - - - P P P - - P P P - - - - - - - - - - P P P P - - - - - - - - - - - - - C P C P P 35 - 29 and institutional use, no sales to the public J. Vehicle Service K. Vehicle Sales and Leasing L. Vehicle Storage 2. Outdoor MiniWarehouse 100,000 sf or less; a maximum of 10% of lot area excluding building areas may be used for outdoor vehicle storage 3. Mini-Warehouse or Other Self Service Storage, more than 100,000 sf or with outdoor vehicle storage area exceeding 10% of the lot area excluding building areas 1. Motor Vehicle Service & Repair 2. Motor Vehicle Body Shop 3. Motor Vehicle Wash 4. Gasoline Sales, Gasoline Station, Convenience Store with Gasoline Sales 5. Tire Recapping and Storage 6. Truck Stop/Travel Plaza 1. Motor Vehicle Sales, including Leasing and Rental of New/Used Auto's, Trucks, RV's, Trailers, Boats 1. Impoundment Lot, RV Boat, Bus and Camper Storage Lot; Wrecked Vehicle Storage Lot - - - - - - - - - - - - C - P P - - - - - - - - - - - - - - P P - - - - - - - - - - - - P C P - - - - - - - - - - - - - C - P - - - - - - - - - - - - - P - P - - - - - - - - - - - - C P P P P - - - - - - - - - - - - - - C P - - - - - - - - - - - - SE - SE - - - - - - - - - - - - - P - P - - - - - - - - - - - - - - - P P 4. Industrial Rev. 11/18/2014 35 - 30 A. Industrial Service, Manufacturing and Production, Assembly, Distribution, Manufacturing, Processing, Production, Wholesale Sales B. Warehouse and Freight Storage C. Waste-Related Use 1. Indoor Operations/Indoor Storage - No Hazardous Material or Liquids 2. Indoor or Outdoor Operations with Outdoor Storage or Use of Hazardous Materials or Liquids 3. Machine Shop, Welding 4. Concrete Mixing Plant, Asphalt Plant, Cement Batch Plant 5. Outdoor Storage Lot 6. Distribution Facilities, Wholesale Sales (indoor operations and indoor storage) 1. Indoor Operations, Storage and Loading 2. Indoor Storage with Outdoor Loading Docks 3. Outdoor Storage or Outdoor Loading, Truck Terminal 1. Non-hazardous Waste Transfer 2. Solid Waste Disposal Sites, including Landfill 3. Recycling Collection Station 4. Recycling Center, Indoor Operations, Indoor Storage 5. Recycling Center, Indoor or Outdoor Operations, Outdoor Storage Rev. 11/18/2014 - - - - - - - - - - - - - - P P - - - - - - - - - - - - - - SE P - - - - - - - - - - - - C - P P - - - - - - - - - - - - C - C P - - - - - - - - - - - - - - - SE - - - - - - - - - - - - C - P P - - - - - - - - - - - - - - P P - - - - - - - - - - - - - - P P - - - - - - - - - - - - - - SE P - - - - - - - - - - - - SE - SE P - - - - - - - - - - - - - - - SE - - - - - - - - - - - C P C P P - - - - - - - - - - - - P - P P - - - - - - - - - - - - C - C P 35 - 31 6. Salvage Yards, Junk Yard, Wrecking Yard 5. Other A. Farm, Agribusiness B. Aviation or Surface Passenger Terminal C. Mining D. Barge Transportation 1. Farm, Including Horticulture Only 2. Farm, Including Animal Husbandry 1. Airports/Heliports 2. Bus/Commuter Stops 3. Bus/Railroad Depot 4. Helistop 1. Oil or Gas Drilling 2. Extraction of coal, including quarries, mines, sand and gravel pits 1. Barge Docking - - - - - - - - - - - - - - - SE P - - - - - - - - P - - - - - - P - - - - - - - - C - - - - - - C - - - - - - - - C - - C - P P - - - - - - - - - P C - P - P P C P P C P P P P P - - - - - - - - - SE - - - - - P C - - - - - - - - C - - - - C P C - - - - - - - - C - - - - P P (Ord. No. 13376, §1, 5-6-2002; Ord. 13493, §1, 1-21-2003; Ord. 13702, §§1, 2, 4-19-2004; Ord. 13718, §1,5-17-2004; Ord. No. 13762, §1, 8-16-2004; Ord. No. 13821, §1, 1-3-2005; Ord. No. 13879, §1, 5-16-2005; Ord. No. 14052, §1, 6-19-2006; Ord. 15075, §1, 1-22-2013; Ord. No. 15243, 3-3-2014; Ord. No. 15289, §§ 2 and 3, 7-21-2014) Sec. 35-29. Reserved. Rev. 11/18/2014 35 - 32 ARTICLE III. OVERLAY DISTRICT REGULATIONS. Sec. 35-30. Redevelopment overlay district. A. Purpose. The primary purpose of the Redevelopment Overlay District (ROD) is to: 1. eliminate a trend toward blight in specific areas of the City; 2. encourage redevelopment of areas highlighted by the Development Plan without creating nonconforming use status for existing properties; 3. reduce redevelopment risk by pre-zoning land eliminating lengthy approval processes and certain discretionary review processes; and 4. reduce market uncertainty by offering redevelopment alternatives. The ROD development standards offer methods to redevelop existing buildings and vacant parcels while establishing standards for compatible development within the affected areas. B. Application - Effect of. The ROD shall be applied in combination with the underlying zoning district classification. Existing property may continue to be used as permitted by the underlying zoning. Properties that are proposed to be redeveloped shall be in conformance with the standards provided in this section and those of the district. In the case of conflict between the standards of the underlying classification and the ROD, the ROD standards shall control. C. Procedures. The applicant for redevelopment of a property located in an ROD shall submit a site plan in conformance with Section 35-71 and an application for a Special Exception Use Permit in conformance with Section 35-73D. The Planning and Zoning Commission and the Council shall consider the standards in subparagraph D of this Section as part of the Review Criteria. D. Property Development Standards. 1. 2. Conversion of existing residential dwellings to non-residential uses in areas which have underlying residential zoning is prohibited except: a. where the building to be converted abuts a commercial district; or b. if the conversion is the most feasible way to preserve a historically or architecturally significant building. The conversion shall be considered the most feasible way to preserve a building if: (1) the applicant demonstrates that residential units are not economically feasible and demonstrates that the use of the building for single family or multi-family dwellings will not yield a reasonable economic return. (2) the applicant demonstrates that the buildings are not physically suitable for residential use; and (3) not less than 51 percent of abutting properties are devoted to non-residential uses. Conversion of existing buildings and new infill development in underlying residential districts shall be done so that the redevelopment complements the existing adjacent buildings and area. a. Buildings shall be designed to be compatible with adjacent residential dwellings and shall incorporate the architectural style of existing adjacent buildings. b. New development or redevelopment of existing buildings, additions and conversions shall be compatible with the existing surrounding architecture and character of the area so that the exterior of the building appears to have been constructed at the same time as the existing buildings. c. Parking for office use or multi-family residential shall be provided on-site and located in the rear of the building. Parking shall be screened from view of abutting residences and Revised 11/5/2012 35 - 33 residential districts with a Type A Bufferyard located between the parking and the property line in conformance with Section 35-59. d. Multi-Family Development in ROD. Vacant lots may be developed as multi-family residential and existing large residential dwelling units may be converted to multi- family residential provided that the proposed multi-family use is located adjacent to existing multi-family dwellings such as an apartment building, provided, however, in no case shall a multi- family unit be permitted where said use abuts a single-family residence. For purposes of this subsection, a building shall be considered “abutting” if it lies on property which (1) shares a common property line; or (2) is immediately across a street designed as a local or collector street. e. Setbacks of new construction shall be in conformance with the underlying district. However, in the case where adjacent buildings were constructed prior to the adoption of the zoning ordinance and the setbacks vary, then the setback for the new construction shall be the average of the abutting existing buildings that either share common property lines or are immediately across a local or collector street. In the case where the infill development abuts vacant lots and/or other buildings of varying front yard and side yard setbacks, the setbacks shall be established in accordance with Section 35-51. f. The building or structure heights shall conform to the underlying district. However, where adjacent buildings were constructed prior to the adoption of the zoning ordinance and the height of the abutting buildings exceed the height allowed in the underlying zoning district, then the height for the new construction may not exceed the average height of the abutting existing buildings. Sec. 35-31. Airport overlay district. The Airport Overlay District (AOD) special height regulations, as mandated by the Department of Transportation, Federal Aviation Administration, Federal Aviation Regulations, 14 C.F.R. Part 77,1996, which are incorporated by reference hereto, shall apply to any land airport, other than a helicopter landing facility, owned and operated by a public agency, and shall be applied in combination with the underlying zoning district classification. The location of the AOD boundaries are generally shown on the Zoning Map. The Airport Layout Plan (ALP), on file at the Jefferson City Memorial Airport, shall be referred to for the exact location of AOD boundaries, and all development shall be in compliance with the ALP and the applicable Federal Aviation Regulations. Sec. 35-32. Flood hazard overlay district. Development within the Flood Hazard Overlay District (FHOD) shall be in conformance with Chapter 8, Article VI of the Code, which is incorporated by reference hereto. These standards shall be applied in combination with the underlying zoning district classification. The FHOD boundaries are generally shown on the Zoning Map. The exact location of the flood hazard boundaries for a lot or parcel shall be as indicated on the current Flood Insurance Rate Map (FIRM) for the area in which the particular lot or parcel is located. Sec. 35-33. Neighborhood Conservation Overlay District. A. Intent and Purpose. The NC Neighborhood Conservation Overlay District is intended to promote the health, safety, and general welfare of the community by encouraging the conservation and enhancement of the built environment of established urban neighborhoods. The purposes of the district are: 1. To maintain neighborhood character and integrity by focusing special attention on the maintenance of the physical environment so as to stabilize and enhance property values; Revised 11/5/2012 35 - 34 B. C. D. 2. To promote the efficient use of urban land including the encouragement of infill development on vacant and passed-over parcels that is compatible with the area; 3. To encourage and support the rehabilitation and renovation of existing structures; 4. To foster the harmonious, orderly, and efficient growth, development, and redevelopment of the community in a manner that accommodates desirable change; 5. To recognize and protect specific properties and neighborhoods with special architectural features or qualities representing earlier periods of development. Definitions. For purposes of this section the following definitions shall apply: 1. Conversion shall mean the alteration or adaptive reuse of a structure to accommodate uses for which it was not originally designed or constructed. Examples include but are not limited to, converting a warehouse into a restaurant, an office building into residential apartments, and a single family house into apartments. 2. Designation Ordinance shall mean the official zoning document which the City Council enacts specifying a certain area as a Neighborhood Conservation District. 3. Infill Development shall mean new construction on vacant bypassed parcels of land or clearance and redevelopment to replace dilapidated or deteriorated structures. 4. Guidelines shall mean that the provisions are recommended, but not mandatory; i.e., something that “may” be done. 5. Regulations shall mean that the provisions are mandatory, i.e., something that “shall” be done. 6. Rehabilitation shall mean returning a structure to a state of utility by replacement and alteration designed to encourage its continued use while preserving exterior features of significant value. Examples include reconstruction of a porch or removal and replacement of windows and doors. 7. Renovation shall mean refurbishing a structure so it conforms to minimum standards of sanitation, fire and life safety while preserving exterior features of significant value. Examples include installation of new exterior siding or replacement of gutters and downspouts. . 8. Neighborhood Conservation shall mean public and private efforts to maintain and enhance the sustained use and appearance of established urban areas through, renovation, rehabilitation, alteration and conversion, and infill development or redevelopment. General Provisions. 1. Neighborhood Conservation District overlay zoning may be enacted in conjunction with any underlying zoning district or districts within the City in accordance with the provisions of this section. All regulations of the underlying zoning district shall apply to property within the Neighborhood Conservation District except where modified by the Conservation District designation ordinance. 2. Areas, tracts, or sites within the Neighborhood Conservation District shall be identified on the official zoning map and in other official writings by the suffix "NC". Designation Procedure. 1. The City of Jefferson may designate areas, tracts or sites for inclusion within a Neighborhood Conservation District in the same manner prescribed for the designation of other zoning districts by this chapter and subject to compliance with this section. 2. An application for designation may be initiated by any of the following methods: a. Property owners or neighborhood organizations of the area, tract or site to be designated, provided the application includes: (1) Revised 11/5/2012 A petition duly signed and acknowledged by the owners of fifty (50) percent or more of the areas of land (exclusive of streets and alleys) within the boundaries of the proposed district shown on an attached map; and 35 - 35 (2) b. c. E. F. A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation; or The City Council, provided the application includes: (1) A petition duly signed and acknowledged by the owners of twenty-five (25) percent or more of the areas of land (exclusive of streets and alleys) within the boundaries of the proposed district shown on an attached map; and (2) A statement documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation. The City Council, provided the application includes: (1) A resolution from the Planning and Zoning Commission identifying the boundaries and requesting enactment of the proposed district; and (2) A Neighborhood Redevelopment Plan documenting the conditions justifying Neighborhood Conservation designation and setting forth the purposes of such a designation including recommendations regarding land use and design guidelines. 3. Upon initiation of an application, an ordinance for NC designation shall be drafted. The ordinance shall contain a set of regulations and guidelines designed to address the conditions and purposes contained in the application. The ordinance shall be approved as to form by the City Counselor. A public hearing shall then be held by the Planning and Zoning Commission. Written notice shall be given to all owners of affected property in accordance with the requirements of this chapter. 4. The Planning and Zoning Commission may receive testimony or documented evidence regarding the importance and effects of neighborhood conservation designation within the proposed district. Testimony from neighborhood organizations affected shall be directly solicited and considered by the Commission. 5. If the Planning and Zoning Commission finds that the area meets the designation criteria listed below, it shall forward the designation ordinance, with or without any recommended changes, to the City Council for the Council’s consideration. Designation Criteria. When determining a district's potential for Neighborhood Conservation designation, the Planning and Zoning Commission and City Council shall ensure that one or more of the following criteria are satisfied: 1. The area contains similar land uses and densities, displays unifying elements and possesses cohesive physical, social, or economic relationships; 2. There is evidence of structural deterioration, encroachment of incompatible land uses or erection of incompatible structures which are contributing to the decline of the area; 3. The area exhibits revitalization potential but coordinated action or treatment is needed; 4. There is evidence that Neighborhood Conservation designation would be an appropriate and effective method for conserving and revitalizing the area; 5. District property owners and/or residents desire and support neighborhood conservation efforts; or 6. District designation conforms to City plans and policies. Designation Ordinance. 1. The designation ordinance shall identify the district boundaries, which shall be compact, contiguous and uniform, and shall follow streets and alleys, rivers and creeks, railroads, property lines and city boundary lines. 2. The designation ordinance shall include regulations and guidelines which apply to new construction as well as to additions, alterations, rehabilitation, conversion and renovation of existing structures. To help ensure that such work is compatible with the architectural character of Revised 11/5/2012 35 - 36 the district in terms of design and materials, the regulations and guidelines may address one or more of the following: a. b. G. Site elements, including: (1) Building orientation and separation, (2) Area, bulk and density restrictions including maximum floor area, minimum lot size and width, minimum lot area per dwelling unit, minimum building setbacks and build to lines, maximum lot coverage, height limits, and other related provisions; (3 Parking regulations such as the number of required spaces per type of use, the location and design of parking areas, driveways, lighting, and other related provisions; (4) Walls, fences, retaining walls and walkways; (5) Landscaping and screening; (6) Lighting and signage; (7) Accessory structures, including carports and garages; and (8) Service and mechanical areas. Building elements, including: (1) Architectural style and scale; (2) Height, number of stories and vertical alignment; (3) Roof type, pitch and materials; (4) Exterior wall materials, texture and color; (5) Foundation height and materials; (6) Window and door type and arrangement; and (7) Porches, decks and awnings. Procedure for Review and Approval of Development Plans. 1. Prior to undertaking any regulated work and the issuance of any building or other permit for such work in a Neighborhood Conservation District, the owner shall submit a building and/or site development plan for review and approval by the director of planning and protective services. The building or site development plan shall be clearly drawn in ink on eight and one-half (8½) inch by eleven (11) inch or eighteen (18) inch by twenty-four (24) inch sheets of durable paper at a scale of at least one (1) inch equals twenty (20) feet. Four (4) copies of the plan shall be submitted, which unless modified by the director, shall include the following: a. The lot number or a metes and bounds description of the property to be developed; b. The boundaries and dimensions of the lot or property to be developed; c. The location of all building setback lines along adjacent streets and lots; d. The location and designation of all easements on the lot or property to be developed; e. The location of all existing structures on, and adjacent to, the lot or property to be developed; f. The location and dimensions of all existing and proposed driveways, parking areas, walls, fences, retaining walls, walkways, landscaping and screening, lighting, signage, and service and mechanical areas on the lot to be developed; Revised 11/5/2012 35 - 37 H. g. The location and dimension of all new structures and additions including doors, windows, porches, balconies, carports and garages; entrance h. A building elevation drawing or photograph and a list, description and samples of materials to be used; and i. Any other information deemed necessary to show compliance with this section and with regulations and standards of the applicable conservation district designation ordinance. 2. Depending upon the nature of the proposed project, additional information may be required to be included on the site development plan as listed in Sec. 35-71 (Site Plan Review) of the Zoning Code. 3. Upon receiving the building and/or site development plan, the director shall notify any officially recognized neighborhood association within said district in writing. 4. The director shall review the building or site development plan for compliance with paragraph 1 above, and the regulations and standards of the designation ordinance within two (2) weeks of receipt. If approved, a copy shall be sent to the building regulations division. A copy of the approved plan shall then be sent to the building regulations division. A decision to disapprove development plan shall be made in writing and shall state the specific reasons for disapproval. If the director disapproves the development plan, the owner may revise the plan to reflect the director’s comments, or may, within ten (10) days file an appeal with the Board of Adjustment in accordance with this Chapter. Amendments. Unless otherwise provided for in the designation ordinance, any amendment may be initiated in the same manner as for an original designation ordinance. *The Lower Jefferson Conservation District, established by ordinance No. 13251, 8-20-2001 is hereby established as a NC Conservation District. (Ord. 14088, §1, 8-7-2006) Secs. 35-34. - 35-39. Reserved. Revised 11/5/2012 35 - 38 ARTICLE IV. SUPPLEMENTARY CONDITIONS Sec. 35-40. Accessory buildings, structures and uses. A. B. Conditions Applicable to All Accessory Buildings, Structures and Uses. 1. Accessory uses shall be incidental and subordinate to the principal use permitted in the district in which the use is located and shall be located on the same lot as the principal use or building. 2. Accessory buildings, structures or use shall not be constructed or established upon a lot until the principal building, structure or use has been constructed or established, and shall not be used unless the principal building, structure or use also is being used or operated. 3. Accessory buildings and structures shall not be erected in any required front or side setback area. except as allowed in Section 35-51.B. Accessory buildings and structures shall comply with the minimum front and side setbacks for the zoning district in which they are located, as specified in Exhibit 35-51.A. 4 The lot coverage of permitted accessory uses and/or buildings and the principal building it serves shall be calculated together for the purpose of complying with the maximum lot coverage for each district as specified in Table 35-51A. 5. Accessory buildings, structures and uses may be further restricted by the provisions of Section 3525.H (N-O District), Section 35-27 (PUD), and Section 35-41 (Specific Use Standards). 6. Detached garages and accessory buildings shall be separated from the principal building by at least 10 feet. Accessory Buildings, Structures and Uses Associated with Residential Uses. 1. On lots less than one acre, a maximum of two accessory buildings shall be permitted. On parcels or tracts larger than one acre, a maximum of three accessory buildings may be permitted. The combined total of all accessory buildings shall not exceed the lot coverage of the principal building. 2. An accessory structure or building shall not be used for commercial purposes, except as provided for by Section 35-41. (Home Occupations). 3. The following accessory buildings, structures and uses are customarily found and permitted in association with residential uses: a. Non-commercial greenhouse: Maximum size not to exceed 25 percent of the ground floor area of the principal building. b. Private detached residential garage or carport for non-commercial passenger automobiles. Revised 11/5/2012 (1) The maximum size of a single-family or two-family residential garage or carport shall be as shown in Exhibit 35-40A (2) Exhibit 35-40A Lot size Maximum garage size Up to 5,999 sf 600 sf 6,000 - 8,999 sf 800 sf 9,000 - 19,999 sf 1,000 sf 20,000 - 39,999 sf 1,250 sf 40,000 sf or more 1,500 sf 35 - 39 (Ord. No. 14982, §2, 6-18-2012) C. c. Storage Building: Maximum floor area not to exceed 224 square feet, to be used for residential storage only. d. Tennis court, swimming pool, garden house, arbor, ornamental gate, barbecue oven, fireplace, gazebo, deck, patio, and similar uses customarily accessory to residential uses. e. Solar energy collector. f. Children's playhouse and play equipment. g. A pool house containing 250 square feet or less, and associated with an in-ground swimming pool, may contain a full bathroom and kitchen. An accessory building other than a pool house may contain a half-bath, but shall not contain a full bathroom and shall not contain a kitchen. h. A transmitting or receiving antenna or support structure which does not exceed the maximum height limit of the district in which it is located. i. Storage of recreational vehicles, boats, camper trailers, camper shells and similar items stored in accordance with Section 35-41, Outdoor Storage. j. Storm shelters and fallout shelters. k. Gates and guard houses. l. Fences and walls. m. Home occupations in conformance with Section 35-41.K. n. Barns, and related agricultural structures associated with permitted agricultural uses. o. Vegetable gardens, which shall be located in the side or rear yard. p. Raising and keeping of small animals as pets, in conformance with Chapter 5 of the Code, and provided that such pets shall not be kept on a commercial basis. Except in the RU District, dedicated animal pens shall not exceed 200 square feet in total area, and such pens and structures, including dog houses, shall be located in the side or rear yard. All pens and structures shall be located not less than 5 feet from all property lines. q. Keeping of Equines. The keeping of equines, as an accessory use to a residential principal use, may be authorized as outlined in Section 35-41 Specific Use Standards. (Ord. No. 14531, §2, 5-18-2009) Accessory Buildings, Structures and Uses Associated with Non-Residential Uses. The following accessory buildings, structures and uses are customarily found in association with and may be permitted in association with non-residential uses: 1. Cafeterias, dining halls and food service, health club, child care and similar services when operated for the sole convenience of the employees, residents, clients or visitors of the principal use. 2. Offices for the permitted business and industrial use when located within the principal use. 3. Sales of goods produced as part of the permitted industrial activities on the premises in an M-1 Industrial District. 4. Gates and guard houses. 5. Parking garages and parking lots in conformance with Section 35-58. 6. A dwelling unit, other than a mobile home, used for security or maintenance personnel employed on the premises. Revised 11/5/2012 35 - 40 7. Satellite receiving dish in excess of two meters in diameter in conformance with Section 35-41, Telecommunications Facilities. 8. A transmitting or receiving antenna or satellite receiving dish two meters or less in diameter, or support structure which does not exceed the maximum height limit of the district in which it is located. 9. Fences and walls. 10. Waste bins, which shall be located in the side or rear yard. 11. Lighting in conformance with Section 35-57 Outdoor Lighting Standards. 12. Automated Teller Machine (ATM) is an authorized accessory use in the RA-1, RA-2, N-O, M-1 and M-2 districts. 13. Other accessory structures or buildings that the Director determines to be appropriate and incidental to the principal use may be permitted, provided the accessory structure or building is compatible with adjacent land uses. 14. Recycling Collection Station consisting of drop-off containers authorized by the City Recycling Program, and similar containers for the purpose of collecting recyclable items, provided that no materials shall accumulate outside such collection stations, collection stations shall be set back at least 5 feet from any property line, the area around the container or collection station shall be kept free of debris and no excessive odors or glare shall be detected beyond the property lines. Sec. 35-41. Specific use standards. A. B. Standards Applicable to All Specific Uses. 1. All uses shall be developed, used and operated in conformance with the standards of this ordinance. Specific uses may require a conditional use permit, special exception use permit, or a temporary use permit in conformance with Article VII of this ordinance. All uses shall comply with applicable building, life safety, fire and health codes adopted by the city in addition to regulations of the county, state or federal governments. The applicant may be required to provide evidence of compliance with the applicable requirement. 2. All signage used for the specific use shall be in conformance with Chapter 3 of the Code, Advertising and Signs, unless otherwise provided herein. 3. The applicant shall obtain a business license and a home occupation permit, if applicable, prior to establishment of the use. Specific Use Standards. 1. Barge Docking and Warehouse Accessory Use in the RC District. a. General Provisions. These provisions for barge docking facilities shall apply to facilities proposed for location in the RC District under a Conditional Use Permit. b. Specific Provisions. Revised 11/5/2012 (1) The facility shall be a permanent structure, principally constructed of steel and/or concrete and specifically designed for the mooring and unloading of (2) The structure shall extend riverward with not less than 100 linear wall feet; (3) Applicable permits from the U.S. Army Corps of Engineers, Missouri Department of Natural Resources and City floodplain development permit shall be obtained. 35 - 41 c. 2. Warehouse Accessory Use. A warehouse accessory to a barge docking facility for storage of barge shipments may be authorized during the processing or subsequent to the processing of a barge docking facility on a site of at least 40 acres provided that: (1) Building coverage shall not be greater than 2.5 percent of the total site. (2) All storage of materials and handling equipment shall be enclosed within the warehouse, except that equipment necessary for the barge operation or material off-loaded from barge operations or from permitted mining or extraction operations may be stored outside. (3) In order to protect the view of the Missouri River and the flood plain, an irreplaceable natural resource of the City, the Council shall not permit an accessory warehouse in the RC district unless it finds that: (a) The building and facilities shall be sited so as not to cause blockage of the view of the Capitol. (b) The building and parking areas shall be screened with shrubs and trees. (c) All building access points and all parking areas will be screened from the Capitol and the Downtown by the building itself or appropriate landscaping. (d) Only the following types of signs will be permitted (i) Internal directional signs, which shall not exceed an area of 4 sq. ft. each; and (ii) Two (2) business identification signs, which shall not exceed an area of 32 sq. ft. each. (e) Outside lighting shall be limited to the minimum amount required for safety and security and shall be directed downward and not across the river. (f) Building materials and colors used on the building shall blend with the landscape and shall minimize the visual impact of the structure. (g) Building height shall not exceed 28 feet interior ceiling height, as measured from the finished floor Bed and Breakfast Establishments. a. b. c. Revised 11/5/2012 General Provisions. The following provisions shall apply to all bed and breakfast establishments, as authorized by Section 35-28 Land Use Matrix: (1) Be subject to the City’s health, safety and fire codes. (2) Cooking facilities shall not be permitted in individual guest rooms. (3) Leasing of dining facilities. (a) In non-residential zoning districts, common dining areas for bed and breakfast inns may be leased for social events, provided that adequate offstreet parking is provided. (b) In residential zoning districts, common dining areas shall not be leased for social events. Specific Provisions for Bed and Breakfast Homes. Bed and breakfast homes shall: (1) provide not more than two guest rooms; and (2) not serve food to the general public besides the families that are overnight guests. Specific Provisions for Bed and Breakfast Inns. Bed and Breakfast Inns, defined as having three or more guest rooms and classified as Lodging in Exhibit 35-28, shall: 35 - 42 3. 4. (1) Have a toilet and lavatory facilities for overnight guests that are separate from and not used by family/permanent residents, but separate toilet and lavatory facilities are not required for each guest room; (2) Be subject to food service establishment licensing and regulations if food is served to overnight guests; (3) Be licensed and inspected, in conformance with Chapter 28 of the Code, Restaurants, if the inn serves food to the general public; (4) Have a smoke detector in working order in each sleeping room; and (5) Maintain a fire extinguisher in working order on each floor. Community Residence. a. Location. A community residence may be located in districts as authorized in Section 35-28 Land Use Matrix. b. Spacing Between Community Residences and Group Homes or Penal Halfway Houses. (1) RU, RS-1, RS-2, RS-3, and RS-4 Districts: No community residence shall be closer than 1,320 feet to another community residence or group home as measured in a straight line between property boundaries. (2) All other zoning districts where authorized: No community residence, shall be closer than 600 feet to another community residence or group home as measured in a straight line between property boundaries. c. Exterior Appearance. The community residence shall maintain a residential appearance so that it is compatible with the architecture and character of the neighborhood in which it is located. Alterations of an existing dwelling unit shall be compatible with the neighborhood and adjacent properties. d. Off-Street Parking. Off street parking shall be provided on the premises but not more than two spaces shall be provided in the driveway. Additional parking and storage of vehicles shall be accommodated in a garage on the premises. Concrete Mixing Plants, Asphalt Plants and Cement Batch Plants. a. Applicability. Concrete mixing plants, asphalt plants and cement batch plants operations may be authorized as a Conditional Use Permit. b. Permit Procedure. The applicant shall file a conditional use permit application in conformance with the requirements of Section 35-73A. The application shall include, at a minimum, information indicating compliance with the performance standards in this Section and proof of compliance with applicable state regulations of the Missouri Department of Natural Resources (MDNR) in addition to those required by Sections 3571. c. Minimum Setbacks. d. (1) Adjacent to residential zoning districts. The minimum setback for concrete mixing plants, asphalt plants and cement batch plants shall be 35 feet from any property line which abuts a residential zoning district. This setback shall apply to all buildings, structures, internal driveways and parking lots. (2) Adjacent to nonresidential zoning districts. Setbacks shall be in accordance with Section 35-51 and the zoning district in which the use is located. Performance Standards. (1) Revised 11/5/2012 State and Federal Regulations. The concrete facility shall comply with state and federal regulations pertaining to drainage, erosion control, and dust mitigation. 35 - 43 5. 6. (2) Bufferyard. A Type C Bufferyard shall be installed in accordance with Section 35-59. (3) Access, Parking and Loading. Access shall be provided from arterial streets and facility vehicles shall not make use of residential collectors or minor residential access streets. Driveways and employee and patron parking lots shall be paved, however gravel may be used for heavy equipment operational areas and product storage areas. (4) Validity. The concrete mixing plant, asphalt plant or cement batch plant may continue operation until the expiration of the permit as approved by the Board of Adjustment provided all the terms of the permit are met and the land use is operated in a lawful manner. (5) Restrictions on Use of Required Setbacks. Structures, exterior storage, and parking areas for vehicles or equipment are not allowed within the required setbacks. Day Care Service for Children or Adults. Day care service providing care for a maximum of six children or adult clients unrelated to provider is permitted as accessory to a residential use. a. The Day Care Service shall be operated in a manner that is compatible with and not detrimental to adjacent properties or the neighborhood in general. b. The Day Care Service shall be operated and staffed by the Applicant and family members only residing at the dwelling. No outside employees or assistants shall assist with the Day Care Service, except that a substitute shall be permitted in the occasional absence of the day care provider. c. A Day Care Service seeking a license from the State of Missouri is required to complete separate application through the appropriate State agency. A Day Care Service which is licensed by the State of Missouri must comply with both state licensing requirements and City regulations. A state license shall not override the City’s restrictions on the number of clients permitted. Day Care Homes for Children or Adults. Day care for seven to ten children or adult clients may be authorized as provided in Exhibit 35-28 Land Use Matrix, subject to the following requirements: a. Administrative Procedures (1) (2) Revised 11/5/2012 Inspections, Licensing and Permits. The following inspections and permits are required: (a) Daycare home permit issued by the Department of Planning and Protective Services. (b) Annual Environmental Health Services Inspection; (Ord. 13869, §4, 418-2005) (c) Compliance with State of Missouri Licensing requirements, as applicable. A state license shall not override the City’s restrictions on the number of clients allowed in a Day Care Home. Revocation of Day Care Home Permits. If, in the opinion of the Director, any day care home has become a safety hazard to the public, pedestrians, motorists, or to adjacent or nearby properties, residents or businesses, the Director shall institute proceedings to revoke the day care home permit. A revocation hearing shall be scheduled before the Board of Adjustment. Notice of Intent to Revoke the Day Care Home Permit shall state the specific reasons for the revocation, 35 - 44 and shall be sent to the day care home provider at the address of the day care home. Notice and procedure shall be in accordance with Section 35-70. (3) (4) Day Care Home Application Content. The application for day care home shall provide the following information and other information requested by the Director in order to provide evidence that the use complies with the requirements of this Section: (a) the first and last name of the prospective day care provider (the “Applicant”) and telephone number. (b) the address of the residence to be used for said day care home; (c) name, address, telephone number and authorizing signature of property owner, if different from the applicant; (d) interior floor plan of the dwelling; (e) exterior site plan showing the locations and dimensions of the off-street parking required for the dwelling and the proposed day care home use, the location and dimensions of required indoor area; location and dimensions of outdoor play area, and location of proposed or existing fencing. (f) number of individuals who will be cared for at the day care home; (g) days and hours of operation; Operational Standards. (a) The Applicant shall establish occupancy in the dwelling prior to application for a day care home and shall reside in the dwelling in order to retain a valid Day Care Home permit. (b) The day care home shall be staffed by the Applicant and family members only residing at the dwelling. No outside employees or assistants shall assist with the day care home, except that a substitute shall be permitted in the occasional absence of the day care home provider. (c) The day care home permit shall be issued in the name of the Applicant and to the address specified in the application. The Day Care Home Permit shall not be transferrable to another location or to another day care provider. (d) Off Street Loading. A day care home shall be located on a site that will accommodate and provide space for one off-street passenger loading area to allow safe delivery and pick-up of passengers and to not impede the flow of traffic on abutting streets, in addition to the off-street parking required for the residential use (see Exhibit 35-58A). (e) Location on Arterial Streets. Day care homes which are located on designated arterial streets shall provide a means of egress to prevent patrons from backing out onto the arterial street, such as a circle driveway or paved turn-around area with minimum dimensions of ten feet in width by 20 feet in length. (f) Indoor and outdoor play spaces shall be provided in accordance with State of Missouri licensing requirements. No outdoor play space shall be permitted in the front yards. (Ord. No. 15289, §1, 7-21-2014) Revised 11/5/2012 35 - 45 7. 8. Day Care Center, Child. Day care for more than ten children, not related to the provider by blood, marriage or adoption, or where the day care provider does not reside on the premises may be permitted as authorized by Exhibit 35-28 Land Use Matrix, subject to the following requirements: a. Licensing. The operator shall obtain and retain all approvals and licenses required by the Missouri Department of Health and shall provide sufficient evidence that the use complies with the Missouri Department of Health child care regulations. b. Outdoor Play Areas. Outdoor play space shall be provided at the rate of at least 75 square feet for each child, except children in cribs. The area shall be fenced to a minimum of four feet in height. No play areas shall be permitted in the required front setback area. c. Indoor Areas. At least 35 square feet of indoor space shall be provided for each child, excluding the kitchen, hallway, bathrooms, closets, utility rooms and offices. d. Off-Street Loading. An off-street passenger loading zone capable of holding one car per 10 licensed occupants shall be provided in addition to the off-street parking requirements of Exhibit 35-58A. e. Bufferyard Required. A Type A Bufferyard and a fence or wall along all property lines abutting any residential use, pursuant to Sections 35-58 and Exhibits 35-59A and 35-59B. Drive-Through/Drive-In Uses. a. Purpose and Intent. The purpose of these regulations is to provide standards for drivethrough/drive-in facilities to promote compatibility of this use with adjacent land uses and to ensure safe circulation of traffic on and off site. Drive-through/drive-in uses include restaurants, banks and other financial facilities, automatic teller machines, cleaners, pharmacies, and similar uses. b. Applicability. Drive through uses, drive through restaurants and drive-in restaurants may be authorized in accordance with Section 35-28 Land Use Matrix. All drive-through and drive-in uses shall be in conformance with the requirements of this Section. c. Site Plan Requirements. Drive-through/drive-in facilities shall be shown on site development plans where they are proposed as an accessory use to a principal use. Applicants for drive-through/drive-in facilities proposed as a principal use shall submit complete site development plans. d. Location. Drive-through/drive-in facilities as accessory uses shall not be located within the front yard of the principal building. e. Traffic Impact Analysis. A traffic impact analysis may be required in accordance with Section 35-60. f. Stacking Space Schedule. The minimum number of stacking spaces required shall be as shown in Exhibit 35-41B: Exhibit 35-41B: Drive-Through/Drive-In Facilities Stacking Space Schedule Minimum Spaces1 Use Type Measured From Automatic Teller Machine (ATM) 4/lane ATM Bank Teller Window 4/window Teller Window Car Wash, Automatic 6/stall Entrance Car Wash, Self-Service 2/stall Entrance Revised 11/5/2012 35 - 46 Use Type Minimum Spaces1 Measured From Coffee Shop 4/window Order Window Gasoline Pump Island 2/pump island Pump Island Laundry / Cleaners 4/window Order window Liquor Store 3/window Order window Pharmacy 3/window Order Window Photo Developing 3/window Order Window Restaurant 6 / window Order Window Other Uses Determined by Director of Planning and Protective Services based on Traffic Impact Analysis and ITE standards.(1) (1) . Based on the Traffic Impact Analysis, the number of stacking spaces required may be reduced or expanded in conformance with ITE Transportation and Land Development, Stover and Koepke, 1988, which is incorporated with reference hereto, upon recommendation of the Director of Planning and Protective Services. h. 9. 10. g. Stacking Space Layout and Design. (1) Minimum Size: 8 feet by 20 feet per space. (2) Minimum Setback from property line: 20 feet. (3) Minimum Setback from street line: 40 feet. (4) Separation from other internal driveways with raised medians and parking spaces: As determined by the Director of Planning and Protective Services. (5) Minimum drive-through lane radius: 20 feet, measured at the inside curb. (Ord. No. 14982, §5, 6-18-2012) Order Box Noise Mitigation. The order box loudspeaker shall be positioned so that it is directed toward the vehicle and away from any abutting residential zoning district unless mitigated by a sound wall. Flea Markets/Swap Meets. a. General. Flea market/swap meets may be permitted as authorized by Section 35-28 Land Use Matrix. b. Access. Flea markets and swap meets shall be accessible from an arterial street. Homes for Mentally, Developmentally and Physically Disabled Persons. a. Location. Group homes for mentally, developmentally and physically disabled persons, licensed by the State of Missouri, and as defined by Article IX may be authorized in districts specified by Exhibit 35-28 Land Use Matrix. b. Spacing. No group home shall be closer than 1,320 feet to another group home, community residence, or penal residential treatment facility as measured in a straight line between property boundaries. c. Special Conditions for Locations in Residential and N-O Districts. Revised 11/5/2012 35 - 47 11. 12. (1) Appearance. When located in a residential district, the residence shall maintain a residential appearance so that it is compatible with the residential architecture and character of the neighborhood in which it is located. Alterations of an existing dwelling unit shall be compatible with the neighborhood and adjacent properties. (2) Off-Street Parking. Off-street parking shall be provided on the premises but not more than two spaces shall be provided in the driveway. Additional parking and storage of vehicles shall be accommodated in the garage on the premises. Residential Treatment Facility, Penal. a. Location. A penal residential treatment facility as defined by Article IX may be authorized in districts specified in Exhibit 35-28 Land Use Matrix. b. Spacing. No penal residential treatment facility shall be closer to another such facility or to a Group Home for Mentally, Developmentally and Physically Disabled Persons, or a Community Residence than 1,320 feet, as measured in a straight line between property boundaries. c. Exterior Appearance. The residential treatment facility shall maintain an appearance so that it is compatible with the architecture and character of the area in which it is located. Alterations of an existing building shall be compatible with the area and adjacent properties. Home Occupations. a. b. Purpose. The purpose of these home occupation regulations, standards and requirements are: (1) to permit and regulate the conduct of home occupations as an accessory use incidental to a dwelling unit, whether owner or renter occupied; (2) to ensure that such home occupations are compatible with, and do not have a injurious effect on adjacent and nearby residential properties and uses; (3) to adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations; (4) to allow residents of the community to use their homes as a work place and a source of livelihood, under certain specified standards, conditions and criteria; (5) to enable the fair and consistent enforcement of these home occupation regulations; and (6) to promote and protect the public health, safety and general welfare. Generally. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained except in conformance with the regulations, administrative procedures and standards set forth in this Section. c. Permit Required. No home occupation shall be established until a home occupation permit has been issued by the Director. d. Revised 11/5/2012 Home Occupation Performance Standards. Home occupations shall comply with the following performance standards: (1) Home occupations may be operated only by a full-time resident of the property in which the activity occurs. A home occupation shall not involve the assistance of on-site employees who do not reside on the premises as full-time residents. (2) The home shall maintain a residential appearance and shall not be modified to call attention to the home occupation. 35 - 48 e. Revised 11/5/2012 (3) No more than one non-illuminated sign, with a maximum size of one square foot, and affixed against the wall or a window, shall be permitted for a residence where one or more home occupations are operated. (4) The home occupation shall be conducted completely within the residence or accessory structure and the total space used for all home occupations shall not exceed 25 percent of the total floor area, or 400 square feet, whichever is less, of the residence including basement and/or finished attic spaces. (5) The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate any equipment used in conjunction with the home occupation. (6) Mechanized equipment, used in conjunction with the home occupation, shall be used only within a completely enclosed structure. No equipment shall be used that creates a nuisance due to odor, vibration, noise, electrical interference or fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted. Use of power equipment in open garages, on driveways, or on patios is prohibited. No mechanized equipment shall be stored outside. (7) No materials, goods or equipment, including equipment being repaired or used in conjunction with the home occupation, shall be stored or displayed outdoors. (8) Only one vehicle may be used for the home occupation and shall not exceed one ton capacity. One trailer only may be used in the conduct of a home occupation and shall be stored in an enclosed garage on the premises or stored off-site at a location approved for such storage. (9) Storage or use of dangerous, combustible or volatile materials to be used in conjunction with the home occupation shall be governed by the Jefferson City Fire Code. (10) No more than eight (8) additional vehicle trips per day shall be generated by the home occupation. (11) Deliveries related to the home occupation shall not occur more frequently than twice per day between 7:00 a.m. and 7:00 p.m., not including any deliveries made by the U.S. Postal Service. Deliveries shall not require the use of vehicles other than parcel post or similar parcel service vehicles. Tractor trailer use for general freight hauling is not permitted. (12) Customer and client contact shall be conducted by electronic means, telephone, by mail, or off-site and not on the premises of the home occupation, except for home occupations such as day care service, tutoring, or teaching. The home occupation shall not solicit customers to come to the home address by (1) advertising an “open house” for marketing products or services available; or (2) print or broadcast media including telephone “yellow page” ads. Prohibited Home Occupations. The following uses shall not be permitted as home occupations: (1) Any home occupation that involves the congregation of non-resident employees at a dwelling unit; (2) Barber shops and beauty parlors; (3) Cabinet making, furniture making; (4) Dancing schools; 35 - 49 13. (5) Medical or dental offices or clinics, chiropractors, veterinarians, massage therapy, tattooing, body piercing, and counseling provided at the residence; (6) Motor vehicle repair or service; (7) Stripping, sanding, refinishing, restoration or painting of vehicles, household appliances or furniture; (8) Antique, resale, or second hand shops; (9) Repair shop for appliances, computers or equipment, except that an office only for such businesses may be established as a home occupation with no storage or dropping off of the appliances, computers or equipment at the residence; (10) Studios, including photography, audio and video production; (11) Contractors’ operations, including home maintenance, excavating, landscaping or lawn maintenance services; except that an office only for such businesses may be established as a home occupation, with no storage or dropping off of equipment, vehicles, or materials at the residence; (12) Home occupations which fail to meet the standards of this Article. f. Burden of Proof. In any and all procedures, hearings and appeals, the burden of proof regarding compliance and qualification for a home occupational use of property shall be on the person seeking or attempting to retain a home occupation use. g. Application Content. Any application required for any permit or license related to a home occupation shall include at least the following information: (1) the first and last name(s) of the persons operating the home occupation; (2) the specific nature of the home occupation; (3) the address of the residence to be used for said home occupation; (4) whether or not the home occupation will involve the receiving of clients or customers, and if so, the anticipated volume and frequency of the same; (5) the anticipated frequency of the deliveries related to the home occupation; and (6) list of chemicals, materials and substances used in conjunction with the home occupation. h. Revocation of Home Occupation Permits. If, in the opinion of the Director, any home occupation has become a safety hazard to the public, pedestrians, motorists, or to adjacent or nearby properties, residents or businesses, the Director shall institute proceedings to revoke the home occupation permit. Failure to abide by performance standards in this ordinance, failure to abide by any special conditions of the permit or the operation is not in compliance with the conditions described in the permit application shall be grounds for revocation of the home occupation permit. Notice of Intent to Revoke the Home Occupation shall be sent to the property owner on which the home occupation is being undertaken and the operator of the home occupation. Notice and procedure shall be in accordance with Section 35-70. i. Appeals of Decisions Involving Home Occupations. The applicant shall have the right to file an appeal of a decision of the Director with the Board of Adjustment in conformance with Section 35-73B or C. Kennels. a. Revised 11/5/2012 Location. Kennels, as defined in Article IX, may be authorized in districts according to Exhibit 35-28 Land Use Matrix. 35 - 50 14. b. Indoor Kennels. All animal runs and pens shall be completely contained within and accessed from inside an enclosed building. c. Performance Standards for Outdoor Kennels. (1) Outdoor kennels shall be located on a lot of ten acres or larger. (2) Kennel structures, buildings and animal runs and pens shall be located a minimum of 50 feet from side and rear property lines. (3) Fencing and Landscaping. A minimum six foot high fence shall enclose outdoor kennels. A Type C Bufferyard shall be required along all side and rear property lines abutting residential uses or district pursuant to Section 35-59 and Exhibits 35-59A and 35-59B. Manufactured Home Subdivision and Park. Manufactured Home Subdivision and Park may be authorized through the Planned Unit Development process subject to the conditions established in Section 35-74.C and this Section. a. Design Standards. A manufactured home subdivision and park shall comply with the standards established in Exhibit 35-41.C. Exhibit 35-41C. Manufactured Home Subdivision and Park (MHS & MHP) Design Standards Overall MHS & MHP Site Design Parameters Maximum overall MHS & MHP density 6 dwelling units per gross acre Minimum open space 1,200 sf per lot or space Park, playground Minimum 300 sf per lot or space Maximum building height 20 feet Minimum Requirements for Individual Lots or Spaces Within a MHS or MHP Minimum area of lot or space 3.500 sf Minimum width of lot or space 45 feet Minimum setbacks for manufactured homes on lots or spaces within a MHS or MHP Front: 25 feet Side: 10 feet Rear: 20 feet b. Streets. All streets within the subdivision or park shall be constructed in accordance with the residential street standards contained in Chapter 33, Subdivision Code. There shall be at least two street or drive openings into the mobile home subdivision or park to provide ingress and egress. c. Parks. Required playground space shall be separate and in addition to the open space required for each lot or space, and shall be equipped and maintained for the use of the residents of the subdivision or park. Streets, sidewalks, parking areas and accessory buildings shall not be included in the computation of the required recreation space area. d. Utilities Underground. All power and telephone lines shall be installed underground and shall be in compliance with standards of the utility provider. Revised 11/5/2012 35 - 51 15. e. Drainage. The site shall be graded so that surface water shall not be permitted to accumulate. The proposed drainage system shall be approved by the Director prior to construction of streets. f. Bufferyard. The subdivision shall be surrounded by a Type A landscaped buffer strip of open space 50 feet wide along the street frontage of a collector or arterial street and 25 feet wide along all other lot lines or street frontage in conformance with Section 35-59 and Exhibits 35-59A and 35-59B. g. Driveways and parking areas. Driveways and parking areas within the MHS or MHP shall be constructed in accordance with the Minimum Maintenance and Improvement Standards of Section 35-58. Outdoor Mini-Storage Warehouse. a. Location. A mini- warehouse may be authorized in the districts specified by Exhibit 3528 Land Use Matrix. b. Site Design. (1) Fencing and Screening. A solid screening fence or wall six (6) feet in height shall be installed around the perimeter of the development and may consist of either the solid facades of the storage structures or separate fence or wall, except this requirement shall not apply to the front yard. (2) Off-street parking and internal driveways. (4) c. Driving and parking lanes shall be provided adjacent to the storage buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane. Driveways, parking areas and internal driving lanes shall be hard surfaced in conformance with Exhibit 35-58B. (b) Two parking spaces shall be provided for the property management staff. (c) One parking space for every 200 storage cubicles or fraction thereof shall be located adjacent to the project office. A minimum of two such spaces shall be provided. (d) Required parking spaces may not be rented as, or used for, vehicular storage. Accessibility. Vehicular ingress-egress shall be limited to one point for each side of the property abutting any street. Performance Standards. (1) Revised 11/5/2012 (a) Commercial Activity Prohibited. The sale of any item from or at a miniwarehouse is specifically prohibited. (a) It shall be unlawful for any owner, operator, or lessee of any miniwarehouse or portion thereof to offer for sale, or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage units, or to permit same to occur upon any area designated as a mini-warehouse. (b) The prohibition in this section shall not apply to the incidental sale by the owner of facility of storage boxes and storage materials or abandoned property. 35 - 52 16. (2) Storage of Gas and Flammable Materials, Hazardous Chemicals and Materials Prohibited. The storage of gas and flammable liquids and materials and highly combustible or explosive materials, or hazardous chemicals is prohibited within any structure on a tract of land designated as a mini storage warehouse. (3) Storage and Limited Repair Only. The rental of storage units shall be the principal purpose of this use. Only limited repair of vehicles, boats, and other stored items may be permitted. (4) Outdoor Vehicle Storage Area. Outdoor vehicle storage areas associated with mini storage warehouse uses are allowed as provided in Exhibit 35-28 Land Use Matrix and the following additional standards: (a) Outdoor vehicle storage areas shall only be used for the storage of vehicles, recreational vehicles, boats, trailers, campers, and similar items which are in operational condition. (b) Outdoor vehicle storage areas shall be set back at least 25 feet from all street right-of-way lines. (c) No outdoor vehicle storage area shall be established in required bufferyards or landscaped areas. (d) Items stored shall not project above the screen, provided that landscape screens shall achieve the necessary height within 10 years after planting. (e) The outdoor vehicle storage area shall be screened from view from streets, rights-of-way, public tracts, and from abutting permitted residential uses and zones with a Type C Bufferyard, Options 1, 2 or 3. Natural and open space bufferyards (C-4 and C-5) are not acceptable for this use. (f) Outdoor vehicle storage areas may be added to existing mini-storage warehouse facilities, however, such area shall be enclosed by a fence or wall at least 6 feet in height, and be in accordance with Section 3559F. (g) Outdoor vehicle storage areas shall be surfaced with a dust-free material including asphalt, concrete, masonry pavers, such as Uniblock® and/or a pervious pavement system incorporating grass or other groundcover with such system as Triblock® or Geoblock® . (Ord. 13493, §2, 1-21-2003) Outdoor Storage and Display. a. b. Standards for All Districts. (1) Outdoor storage and display, including location restrictions are governed by Article II, District Regulations and Exhibit 35-28 Land Use Matrix. (2) Junk, junk vehicles, salvage yards and wrecked vehicle storage yards shall be permitted in districts only as provided for in Exhibit 35-28 Land Use Matrix and in conformance with Section 35-41 Specific Use Standards. Specific Standards for Residential Districts. (1) Revised 11/5/2012 Front Yard Restrictions. No portion of any front yard, including driveway, shall be used for the permanent storage of motor vehicles, boats, trailers, RV’s, commercial vehicles, or parts of any of the foregoing. Permanent storage, as 35 - 53 used in this Section, means presence for a period of 72 or more consecutive hours in the front yard within a 30 day period. (Ord. No. 15004, §1, 9-4-2012) (2) Accessory To Occupied Premises. Motor vehicles, recreational vehicles, boats, camper trailers, camper shells, and other items shall be owned by the owner or occupant of the premises upon which the vehicles or other items are located, and shall only be stored as an accessory use to an occupied premises. (3) Standards pertaining to motor vehicles intended for restoration or repair. A maximum of two motor vehicles intended for repair or restoration may be kept on a property provided all of the following conditions are satisfied: (4) (5) (6) c. (a) The vehicles shall be kept in an enclosed garage, under an opaque cover designed for the vehicle, or otherwise screened from off-premise view. (b) Vehicles shall not be kept within a front yard. (c) There shall be no outdoor storage of vehicular parts. Standards pertaining to storage of recreational vehicles (RVs). (a) In the residential districts, recreational vehicles shall be stored only in the side or rear yard, provided they are located at least two (2) feet from any property line. (b) No recreational vehicle shall be used for living or sleeping purposes while stored on the premises. Standards pertaining to storage of boats, camper trailers, camper shells: (a) In the residential districts, boats, camper trailers, camper shells and similar items shall be stored only in the side or rear yard, provided they are located at least two (2) feet from any property line; and such items shall not extend, project or rest upon any public right-of-way including the public sidewalk, the public street, or greenway trail. (b) No boat, camper trailer or camper shell shall be used for living or sleeping purposes while stored on the premises. Large vehicles, commercial vehicles. Large vehicles with gross weight exceeding one ton, or any vehicle substantially used for commercial purposes as evidenced by 25 percent or more of its commercial receipts, or by income tax record, shall not be permitted to be stored outside in any residential district. Specific Standards for Non-Residential Districts. (1) Front Yard Restrictions. Where permitted by the provisions in Article II, other materials for sale may be displayed in front of the building but not within the landscaped areas or in the parking areas. All display materials, other than motor vehicles, boats and manufactured housing, shall be removed at the end of the day and stored inside the building. (2) Standards pertaining to vehicles. Outdoor storage and display of operable vehicles for sale, where authorized by existing zoning, shall be permitted providing the vehicles shall not be located in the landscaped perimeter area or within or on the right-of-way. (3) Screening Requirements. (a) Rev. 11/18/2014 Outdoor storage areas not for display purposes, where authorized, shall be screened from views from streets, rights-of-way and public tracts, and from abutting, permitted residential uses and zones. 35 - 54 17. b. Rev. 11/18/2014 Outdoor storage for uses other than junk and salvage yards shall be enclosed with a Type B Bufferyard in accordance with Section 35-59. (c) Except for mechanical equipment and similar units attached to the building, stored items shall not project above the screening. (d) Dumpsters and refuse containers shall be screened from view or enclosed by an opaque fence, wall or landscaping, 6 feet in height. Parking Lots, Off-Site and Commercial. a. 18. (b) Off-Site Parking Lot. An off-site parking lot may be permitted as authorized by Section 35-28 Land Use Matrix, under the following conditions: (1) The required yard setbacks of the district in which the lot is located shall be followed; (2) The parking lot drainage shall be approved by the Director of Planning and Protective Services; (3) The parking lot or area shall be screened from abutting property in RS, RD and RA districts by a Type B Bufferyard in conformance with Section 35-59 and Exhibits 35-59A and 35-59B; and (4) The following conditions shall be satisfied in order to approve a Conditional Use Permit for an off-site parking lot or facility: (a) The proposed parking is located within 100 feet of the lot. (b) The parking area will not create traffic congestion or impact traffic safety. (c) The site plan shows that the configuration of the lot, size of spaces, access to the lot, surface, screening, landscaping and lighting are in conformance with the requirements of this Ordinance. (d) The parking facility shall be used only for the parking of passenger vehicles. Commercial Parking Lots/Parking Facilities Not Associated With a Particular Use. (1) A parking facility, that may include a lot or garage or both, that is not associated with a particular use may be permitted in districts authorized by Section 35-28 Land Use Matrix. (2) Parking lots shall be constructed, designed and maintained in conformance with the standards and requirements of Section 35-58. (3) The parking facility shall be used only for the parking of passenger vehicles unless the parking facility is located in an M-1 or M-2 district. (4) The parking facility shall be available for short term, paid patron parking only. Quarries, Mines, and Sand and Gravel Pits. a. Applicability. Quarries, mines, and sand and gravel pits, referred to herein as the operation, may be permitted as authorized by Section 35-28 Land Use Matrix, under the following conditions: b. Procedure. The applicant shall file a conditional use permit application in conformance with the requirements of Section 35-73A. The application shall include, at a minimum, the following information in addition to that required by Section 35-71: (1) Present uses of the land to be included in the requested permit; (2) Location map prepared by a registered professional engineer showing: 35 - 55 (3) (4) (5) Rev. 11/18/2014 (a) The extent of the area to be excavated; (b) Boundaries of land to be affected by the operation, including the locations of (i) storage sites for overburden, (ii) access and haulage roads, (iii) storage sites for equipment, and (iv) offices and other structures to be used in conjunction with the operation; (c) Boundaries of adjoining lands owned by persons other than the applicant and the existing uses of those lands; (d) Location of all watercourses, bodies of water, public rights-of-way, public buildings, public recreation areas or other public property on or within 100 feet of the boundaries of the land to be affected by the operation; and A development plan for the areas to be affected by the operation, prepared by a registered professional engineer shall include the following: (a) The nature and depth of various strata of overburden above and between mineral seams to be excavated; (b) The location and quality of underground water known to be present on the mine site; (c) The location of known aquifers and the estimated elevation of the water table; (d) The nature and thickness of minerals above the seam to be mined; (e) A transportation study demonstrating truck routing and proposing mitigation measures for off site street damage and traffic impacts. (f) Existing topography within the boundaries of the project area. A detailed land reclamation plan of the area included within the permit, showing: (a) Proposed use or uses of the land following the operations; (b) Proposed topography of land following the operations (indicated by contour lines of not greater interval than five feet); (c) Actions to be taken during the operation to conserve and replace topsoil removed during the operation; (d) The effect of the operations and reclamation on surface and subsurface hydrology and drainage patterns; (e) The sedimentation and erosion control plan for operation including the type of vegetation to be planted for soil stabilization purposes; (f) The proposed location of future roads, private or public rights-of-way, drainage courses and other proposed improvements; (g) Reasonable assurances that the applicant will be capable of reclaiming the land in accordance with the plan within one year after completion of the operations to be covered in the requested permit; and (h) A discussion of how the proposed reclamation plan is consistent with the future potential uses of the land, according to the zoning and the city’s Comprehensive Plan Development Plan land use classification. Such other information as the approval authority may require by rule and which examination of the application may reveal to be necessary in order to determine that the proposed operation will comply with the requirements of this zoning ordinance. 35 - 56 (6) d. e. f. 19. Rev. 11/18/2014 Proof of compliance with applicable federal and state regulations. Minimum Setbacks. (1) Adjacent to residential districts. Mining, mineral extraction and quarry operations shall be setback 35 feet from all property lines which are adjacent to residential zoning districts. (2) Adjacent to nonresidential districts. Mining, mineral extraction and quarry operations shall provide setbacks in accordance with Section 35-51. (3) Setback requirements shall not apply to property lines adjacent to navigable waterways. Performance Standards. (1) Disposal of Refuse and Water-Carried Wastes. The site plan shall show graphically and in written detail the methods that will be employed to dispose of refuse and water waste. (2) Nuisance Mitigation. The applicant shall state in writing and show graphically in the site plan, as applicable, methods that will be employed to prevent obnoxious or offensive odors, dust, smoke, gas, noise or similar nuisances from being emitted beyond the property boundaries of the mine, quarry or mineral extraction operation. (3) Required Bufferyards. A Type C Bufferyard, shall be installed as shown in Exhibit 35-59. (4) Access, Parking and Loading. Access driveways and employee parking lots shall be paved. Operation areas for heavy equipment and storage areas may be gravel. Access shall be provided from highways or arterial streets and no primary access shall be permitted from local streets abutting residential districts. Approval Criteria. The approval authority shall review and consider approval of the application in conformance with the review criteria in Section 35-73A and the following additional standards: (1) The use is temporary and restricted to the purpose of extracting minerals. (2) The land is appropriate for the purpose of extracting minerals. (3) The proposed location will offer reasonable protection to the neighborhood in which the operation will occur against possible detrimental effects of the operations, taking into consideration the physical relationship of the proposed site to surrounding properties and permitted land uses, access to the site from public roads, streets and other public rights-of-way that must be traveled in removing minerals from the site, and the effect of the mining operations on the public water supply. g. Validity. The quarry, mine, or sand and gravel pit may continue operation until the expiration of the permit as approved by the City Council provided all the terms of the permit are met and the land use is operated in a lawful manner. h. Prohibited Activities Within the Required Setback. (1) Location, movement, or stockpiling of mineral and aggregate resources or the disposal or storage of waste products within a required setback is prohibited. (2) Structures, exterior storage, and parking areas for trucks or equipment are not allowed within the required setbacks. Recreational Vehicle and Travel Trailer Parks. A recreational vehicle and travel trailer park (RV Park) may be permitted as authorized by Section 35-28 Land Use Matrix. The following additional standards shall apply. 35 - 57 a. Required Plans. A site plan in accordance with Section 35-71 shall be provided. b. Access. Access to an RV Park shall be provided only from a collector or arterial street. c. Minimum Area. An RV Park shall encompass a minimum of ten acres. d. Bufferyard and Fencing. A Type C Bufferyard shall be provided along all property lines. In addition, total or partial fencing of park boundaries may be required to prevent park users from trespassing onto adjacent private property, to restrict vehicular access to designated areas, and to adequately delineate property lines to prevent encroachment by adjacent land owners. The need for fencing shall be determined by the approval authority. e. Internal Circulation Roads. Roads within the RV Park shall provide easy access to camp sites and shall comply with the following standards: f. Rev. 11/18/2014 (1) Two-way traffic. Roads designated for two-way traffic shall have a width not less than 26 feet in width. (2) One way traffic. Roads designated for one-way traffic shall have a width not less than 20 feet, and be adequately marked as such. (3) No parking shall be permitted alongside any internal road, except within turnouts or parking areas so designated. (4) Driveways and main internal access roads serving the RV park, including RV Park office, solid waste disposal area and service roads shall be designed and constructed in accordance with public street specifications on file in the Department of Planning and Protective Services. Internal circulation roads providing access to camp sites may be paved or hard-surfaced, with adequate grading, drainage or treatment to prevent ruts, depressions and dust. Camp Site Design Standards. Each camp site shall comply with the following standards: (1) Parking pad. Provide a parking pad, with minimum dimensions of 12 feet wide and 45 feet deep. A maximum 2 percent grade on the rear 30 feet of the parking pad shall be maintained, with a maximum 10 percent grade on the entrance. (2) Patio area. Provide an outdoor living or patio area adjacent to the parking pad, situated to correspond to the door of the entrance door of the RV. The patio area shall have a minimum area of 120 square feet. The patio area shall be stabilized and shall maintain a grade of 0-2 percent. The patio area may be detached from the parking pad and accessed by steps where site conditions require. (3) Utility hookups. Where provided, individual hookups at camp sites for wastewater drains, water supply and electrical supply shall comply with applicable state and local codes. (4) Location of Camp Sites. No camp site shall be located within 100 feet of the traveled portion of any public right-of-way. (5) Minimum Spacing Between Camp Sites. The minimum space between camp sites shall be 50 feet, as measured from center to center. g. Water Supply. Water from an approved public water supply source shall be provided. h. Electric Power. All electric power lines shall be placed underground. i. Sanitary and Wastewater Disposal. (1) Sanitary and wastewater disposal shall tie into the public wastewater disposal system where feasible. On-site treatment may be provided where it is not feasible to connect to the public wastewater system. Such on-site treatment shall be constructed in conformance with local and state codes. (2) Sanitary Dump Station. A sanitary dump station shall be provided for the dumping and cleaning of campers’ sewage holding tanks in a designated area, 35 - 58 and shall include washdown facilities which are connected to the approved wastewater disposal system. The sanitary dump station shall be screened from public view by a solid fence or wall six feet in height or a combination of stagger-planted evergreen shrubs and trees to provide a solid visual barrier at the time of planting. (3) j. Solid Waste, Garbage and Rubbish. A central collection point or disposal system shall be maintained, which shall be screened from public view. k. Safety and Security. (1) Registration of Guests. A register shall be kept at the RV Park office and upon arrival, the owner or person in control of the recreational vehicle or vehicle and trailer shall register his or her name and address and all persons using same, the date of arrival, the state vehicle license plate number, together with the name of the state issuing the license. Each day, the applicant shall be responsible for entering the departure of trailers and guests in the register and for keeping such register in a legible form to indicate at all times the trailer count, and population of the RV park. An office area shall be maintained on the site of the RV park or travel trailer park (2) Lighting. Vandal resistant exterior lighting is to be provided where appropriate for the safety and security of the RV park guest, taking care not to over-light any facility. Exterior lights shall be controlled with photoelectric cells or timed switches. At a minimum, the following locations shall be illuminated: (3) l. 20. Rev. 11/18/2014 Camper Washhouse. A camper washhouse providing separate toilet, lavatory and shower facilities for each sex as well as unisex facilities, shall be provided. One toilet, lavatory and shower shall be provided for each 25 camp sites. Washhouses shall be constructed and maintained in waterproof condition. The floors of washhouses shall be cement, concrete, tile or other type of waterproof material. (a) Driveway entrances and exits from public streets; (b) Internal road intersections; (c) Office area; (d) Washhouses; (e) Public pay telephone areas; and (f) Other major facilities within the RV Park. Telephone. Public pay telephone service should be provided where appropriate for the safety and convenience of RV park guests, however a minimum of one public pay telephone shall be located in the vicinity of the RV park office and each washhouse area. Limitation of Trailers. No person, firm or corporation permitted to operate an RV park shall allow the parking of trailers to an excess of the number specified in the application and permit under which the RV park is operated. Except for a single residence for the RV park supervisor or caretaker, no recreational vehicle occupancy may be permitted for longer than 90 days. Recycling Collection Stations. a. Purpose. The purpose of these regulations is to provide a location for the collection of recyclable materials that will not create a nuisance for the adjacent properties while providing a necessary community service. b. Permitted Locations. 35 - 59 c. 21. Rev. 11/18/2014 (1) Recycling collection points may be authorized as an accessory use in the Commercial and Industrial districts in accordance with Section 35-40.C.14. (2) Recycling collection stations may be permitted as principal uses where authorized by Section 35-28 Land Use Matrix. Performance Standards. The following standards shall apply: (1) The site plan shows adequate circulation of traffic, the location of collection station, and required screening. The collection station and driveways serving the collection station shall be paved in accordance with Exhibit 35-58.B. (2) No collection depositories shall be located in a front yard, and shall be screened from public view from adjoining properties or street rights-of-way with a six feet tall, 100 percent opaque, solid fence or wall. (3) Recycling collection depository structures shall be located at least 150 feet from adjacent property zoned for residential purposes. (4) Sorting or processing of material at accessory recycling collection stations shall not be permitted. (5) Reverse vending machines shall be located and/or soundproofed such that noise of operation at the property line of property zoned or used for residential purposes does not exceed 55 dBA. (6) An employee shall be on site during business hours to receive recyclables, maintain recycling collection site in a clean and safe condition, and shall not allow any recyclable materials to blow around the site or adjacent area. (7) A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. (8) No directional sign indicating the location of the recycling structure shall be larger than six square feet. Recycling Center, Salvage Yard, Junk Yard, Wrecking and Outdoor Storage Lots. a. Applicability. A salvage yard, junk yard, wrecking yard or outdoor storage lot may be permitted as authorized by Section 35-28 Land Use Matrix. The following additional standards shall apply: b. Performance Standards. The proposed buildings or use shall be constructed, arranged and operated so as to be compatible with the character of the zoning district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The proposed development shall be maintained to prevent an unsightly, obnoxious or offensive appearance to abutting or nearby properties. (1) Setbacks. No materials shall be stored within 25 feet of any property line. (2) Buffering. A Type C Bufferyard, in conformance with Section 35-59 and Exhibits 35-59A and 35-59B, shall be located on all sides of the yard. An eight feet high fence or wall shall be used to enclose the site to prevent unauthorized entry. (3) Access. Access to the site shall be from an arterial street and facility users shall not make use of residential collectors or residential streets. The development shall provide adequate ingress and egress, vehicular and pedestrian safety, traffic flow and control, and emergency access. (4) Parking and Loading. The development shall provide paved off-street parking and loading areas as required by this ordinance and the parking spaces shall not be rented or used for vehicular storage. 35 - 60 (5) (6) 22. Storage Yard Maintenance. (a) Lot Surfacing. The lot area used for storage of usable items and materials shall be surfaced at a minimum with gravel. However, driveways providing access from the public street to the parking and loading areas and storage area(s) shall be paved in accordance with Exhibit 35-58.B. (b) Unusable Items. Items that cannot be reused shall be disposed of on a regular basis and shall not be allowed to collect on the premises. (c) Tire Storage. All tires not mounted on a vehicle shall be neatly stacked or placed in racks under a roofed enclosure to prevent collection of water inside the tires. If stacked, the stacks shall not be stacked over six feet in height. (d) Other. No garbage or other putrescent waste likely to attract vermin shall be kept on the premises. Gasoline, oil or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, state and local regulations. Nuisance Control. Weeds shall not be permitted to accumulate on the premises. Excessive dust, noise, vibration, smoke, fumes, odors or glare shall not be detected beyond the property lines. Groundwater pollution or other undesirable, hazardous conditions shall not be permitted to exist. Sanitary Landfill. A sanitary landfill for the disposal of solid waste may be permitted as authorized by Section 35-28 Land Use Matrix. The following standards shall apply: a. b. Regulatory Compliance. Prior to commencing operation, the operator shall supply evidence that: (1) The site meets or exceeds all requirements for such activities as regulated by the Missouri Department of Natural Resources (MDNR). (2) Any additional permits required for solid waste disposal and landfilling have been obtained and compliance with the requirements of the USEPA and the MDNR has been achieved. Performance Standards. The proposed sanitary landfill activities shall be arranged and operated so as to be compatible with the zoning district and the character of the immediate vicinity, and not interfere with the development and use of adjacent property in accordance with the applicable district regulations. (1) (2) Minimum Setbacks. To prevent negative impacts of sanitary landfill operations upon human life and abutting property, downstream residential uses, waterways, streams or drainage channels and environmentally-sensitive lands, a sanitary landfill facility shall be set back from all property lines as follows: “Activity” shall include, but is not limited to, any part of the landfill operation, structures, internal roadways, trenches, and equipment operation: (a) Distance Between Activity and Residence: 1,320 feet. (b) Distance Between Activity, Structure or Land Use and Boundary of Residential District: 1,320 feet. Buffering. The following buffering shall be installed on the site: (a) Rev. 11/18/2014 A Type C Bufferyard, with a minimum width of 100 feet. 35 - 61 23. A berm with minimum height of eight feet. Landscaping shall be installed on top of the berm that forms an overall height, at the time of planting, of 16 feet. (c) The bufferyard, berm and landscaping shall be done in conformance with Section 35-59 of this ordinance. (3) Drainage. Natural drainage ditches or streams shall be kept open unless drainage pipe of adequate size, as determined by the Director of Planning and Protective Services, is installed. (4) Access. The sanitary landfill shall be located only where there is adequate access to a paved federal or state highway or an arterial street connecting widely separated areas which carries or may be expected to carry a large volume of traffic between such areas. Vehicles accessing the landfill shall not make use of residential collectors or minor residential access streets. (5) Vehicular Circulation. All private roadways and driveways providing ingress and/or egress to the sanitary landfill shall be approved by the Director of Planning and Protective Services. Such private roadways and driveways shall be designed to public street standards for a distance not less than 100 feet from the public street, shall include adequate turn radii, and shall be designed with particular attention given to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access. (Ord. 13600, §17, 9-2-2003) (6) Security. A metal fence and gate shall be used at the entrance. Metal fencing shall enclose the site to prevent unauthorized entry, ensure public safety, and to catch litter. (7) Scavenging. Scavenging of the site shall not be permitted. (8) Maintenance. The site, including fencing, landscaping, buffering and all equipment, shall be maintained in good condition. Trash shall not be allowed to blow around or collect on the site outside of the landfill trenches. Superstore / Big Box Retail and Office Development. a. Applicability. The following standards and guidelines are applicable to any retail commercial structure and office use in excess of 100,000 square feet. These standards also apply to any of these uses which may be expanded in the future to 100,000 square feet or more in size. b. Site Design. (1) Rev. 11/18/2014 (b) Community Spaces. Outdoor spaces and amenities shall be provided to link commercial structures with the community. Bus stops, drop-off/pick-up points shall be integrated with traffic patterns on the site. Special design features shall enhance the building's function as a center of community activity. Each development shall provide at least two of the following design features, which shall be constructed of materials that match the principal structure and shall be linked by pedestrian connections: (a) patio/seating area indoor and/or outdoor; (b) pedestrian plaza with benches; (c) window shopping walkway; (d) outdoor playground area; (e) kiosk area; (f) water feature; (g) clock tower; or 35 - 62 (h) (2) Setback. The minimum setback for any building facade shall be 35 feet from the nearest property line. A landscaped berm of not less than four feet in height shall be provided along all property lines abutting a residential district. (3) Landscaping. (4) Rev. 11/18/2014 other focal feature approved by the Commission. (a) Peripheral. A Type A Landscape Buffer shall be provided along all abutting roadways with breaks for approved access points. A Type B Landscape Buffer shall be installed along all other external property lines. (b) Parking lots. Landscape plantings shall consist of the number of standard trees, as defined by Article IX, needed to shade 35% of the parking lot when the trees are mature. (c) All landscaped areas shall be protected by raised curbs and shall be a minimum of 150 square feet in area and be a minimum of ten feet in width. (d) Separation of large parking areas. No parking area shall contain more than one-hundred and fifty (150) spaces. If a greater number is required, separate parking areas of not more than one-hundred and fifty (150) spaces shall be provided and shall be separated by a landscaped strip at least ten (10) feet in width. Up to ten percent (10%) of the landscape strip may be interrupted with driveways to provide access. The use of berms and evergreen trees in the landscaped strip is encouraged but not mandated. Appropriately placed connecting drives between parking lots are permitted. (e) Variety of Plantings. A minimum of three species each of trees and shrubs, where required, shall be planted to provide a variation in shape, texture and seasonal color. (f) Groundcover. Areas not covered by trees and shrubs shall be landscaped with appropriate groundcover, either living or non-living. Pedestrian Circulation. This Section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. (a) Sidewalks at least five feet in width shall be provided along all sides of the lot that abut a public street. (b) Continuous internal pedestrian walkways, not less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points. (c) Sidewalks, not less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. (d) All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. 35 - 63 (5) (6) Rev. 11/18/2014 Outdoor Storage, Trash Collection and Loading Areas. The following standards are intended to reduce the impacts of outdoor storage, loading and operations areas on adjacent land uses. (a) Areas for truck parking and loading shall be screened by a combination of structures and evergreen landscaping to minimize visibility from adjacent streets and property lines. (b) Tractor trailers located on a site for more than 24 hours shall be parked behind the principal building. (c) Areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be in the rear of the lot. If that is not feasible, then the side yard can be used but in no case shall such areas be located within 20 feet of any public street, public sidewalk, or internal pedestrian way. (d) Outdoor storage, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping plan. Views of these areas shall be screened from visibility from all property lines and separated from pedestrian areas. (e) Screening structures for trash collection, storage and loading areas, such as walls and fences, shall be made of the same materials as the principal structure. (f) Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined with walls and/or fences. Materials, colors, and design of walls and/or fences shall conform with those used in the principal structure. If such areas are to be covered, then the covering shall conform to the exposed roofing colors on the building. Building Design. The following standards shall apply to all building facades and exterior walls which are visible from adjoining public streets or properties. Facades greater than 150 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 150 horizontal feet. 35 - 64 (7) 24. Rev. 11/18/2014 Entryways. (a) Large retail or office buildings should feature multiple entrances to reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access, especially to individual stores or identified departments of a store. (b) Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The following standards identify desirable entryway design features. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: (i) canopies or porticos (ii) overhangs (iii) recesses/projections (iv) arcades (v) raised corniced parapets over the door (vi) peaked roof forms (vii) arches (viii) outdoor patios (ix) display windows (x) architectural details such as tile work and moldings which are integrated into the building structure and design (xi) integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Exhibit 35-41D Entryways Temporary Uses. This Section allows short-term and minor deviations from the requirements of this ordinance for uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which readily can be terminated and removed. Some temporary uses may be subject to other permit requirements, including business licenses or food service permits prior to operation. a. Residential Sales Offices; Use Permit Required. Residential sales offices for major subdivisions or planned unit developments may be allowed at the development site until 80 percent of the lots or dwelling units are sold, subject to a temporary use permit. Use of the sales office to promote sites outside of the project is prohibited. b. Miscellaneous Sales Allowable. The following temporary sales may be established without a temporary use permit provided such uses are not conducted within the required parking or any landscaped or bufferyard areas. (1) Christmas Tree Sales. Limited to a period of time not to exceed 45 days. This use may include a portable structure no larger than 120 square feet or a recreational vehicle for use as a sales office that shall be removed at the end of the permit period. (2) Seasonal Greenhouses (accessory to established business). Limited to nonresidential districts for a period of time not to exceed six months per calendar year. A maximum of one greenhouse building shall be allowed and may cover a 35 - 65 maximum of 2,000 square feet. The structure shall be portable and completely removed at the end of the permit period. (3) 25. Seasonal Sale of Agricultural Products. Seasonal sale of agricultural products may be permitted in non-residential zoning districts. c. Natural Disasters and Emergencies. Temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency. d. Travel Trailer and Recreational Vehicles. Such vehicle shall be customarily or ordinarily used for vacation or recreation purposes and not used as a place of human habitation for more than 30 days in any 12 month period, or it shall be classed as a manufactured home, regardless of the size and weight limitation provided herein. This definition shall also include house cars and camp cars having motive power and designed for temporary occupancy as defined herein. Substance Abuse Treatment Facility. a. Location. Substance abuse treatment facilities may be permitted as authorized by Section 35-28 Land Use Matrix. b. Spacing. No substance abuse facility, whether inpatient or outpatient, shall be located closer to another such facility than 1,320 feet apart as measured in a straight line between property boundaries. c. Exterior Appearance. The treatment facility shall maintain a residential appearance if located in a residential district, and shall be compatible with the architecture and character of the neighborhood or area in which it is located. Alterations of an existing building shall likewise be compatible with the neighborhood and adjacent properties. 26. Reserved (Ord. No. 15243, §1, 3-3-2014) 27. Standards for Outdoor Entertainment and Recreation Facilities, and Other Outdoor Uses. a. Standards for Athletic Fields, Amusement Park, Commercially Operated Outdoor Recreation Facilities, Major Outdoor Entertainment Facilities, and Drive-In Theater. Adjacent to Residential District. A minimum distance of 1,000 feet shall be maintained between any facility, structure or improvement constructed for the above uses and adjoining land in the following districts: RU, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, AND N-O. b. 28. Rev. 11/18/2014 Where recreation facilities and uses are authorized in the RU, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2 and NO Districts, the following standards shall apply: (1) Unlighted facilities. For unlighted facilities, a Type B Bufferyard shall be provided along all side and rear lot lines adjoining land in the following districts: RU, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, and N-O. (2) Lighted Facilities. For lighted facilities, a Type C Bufferyard shall be provided along all side and rear lot lines adjoining land in the following districts: RU, RS1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, and N-O. Performance Standards for Industrial Service, Assembly, Distribution, Manufacturing, Production, Processing, Printing, and Publishing Uses. a. Disposal of Refuse and Wastes. All refuse and waste shall be disposed of in a manner to comply with the water quality standards of the USEPA and MoDNR. b. Odors. Odors shall not be discernable at the property line and shall not exceed the odor threshold concentration indicated in the American Society for Testing and Materials (ASTM) Method DI391-57, “Standard Method for Measurement of Odor in Atmosphere (Dilution Method)” (Philadelphia: ASTM, 1957). 35 - 66 29. c. Smoke. Smoke shall be measured at the point of emission and the Ringelmann Smoke Chart, IC 8333, published by the U.S. Bureau of Mines, 1967, shall be used to measure the smoke. Smoke not darker or more opaque than No. 0 on the Smoke Chart may be emitted except that smoke not darker than No. 1 on the Smoke Chart may be emitted for periods not longer than four minutes in any thirty-minute period. These provisions shall also apply to any visible smoke with an equivalent apparent opacity. d. Gases. Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for Eight Hour Day, Five Days per Week), Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposures to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, in the “Air Pollution Abatement Manual” by the Manufacturing Chemists’ Association, Inc., Washington, D.C., are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required. e. Particulate Matter. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.1 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°Fahrenheit and 50 percent excess air. f. Reserved. (Ord. No. 15033, §2, 11-5-2012) g. Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour. Vibration at any time shall not produce at any time an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the “safe” range of Table 7, United States Bureau of Mines Bulletin No. 442 “Seismic Effects of Quarry Blasting,” 1942, on any structure. The methods and equations of Bulletin No. 442 shall be used to compute all values for the enforcement of this provision. h. Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. i. Radiation Hazards. All uses shall be so operated as to comply with standards of performance adopted by the State of Missouri. j. Electromagnetic Interference. No use, activity, or process shall be conducted which produces electromagnetic interference with radio or television reception in any residential or commercial district. k. Fire and Explosion Hazards. Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the adopted Building Code and applicable fire and life safety ordinances. l. Humidity, Heat, or Glare. In any District, any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that steam, humidity, heat, or glare is not perceptible at any lot line. Target Ranges. a. Target ranges, as defined in Chapter 17, are allowed in zoning districts where indicated in Exhibit 35-28 and in accordance with standards of this section. b. Design & Size; Plans Required (1) Rev. 11/18/2014 Site, building and operational plans shall be submitted which meet the requirements of Chapter 35, Chapter 8 and Chapter 17 pertaining to target ranges, as applicable. 35 - 67 30. Outdoor ranges shall be designed to prevent rounds from leaving the area enclosed within the range. (3) Trap or skeet shooting ranges where only shotguns are allowed to be used shall have sufficient area enclosed within the range to ensure that the spent shot does not fall outside thereof. c. Upon receipt, one copy each of the site plans, building plans, and operational plans shall be provided to the chief of police for review pursuant to Chapter 17. d. Granting of a conditional use permit by the Board of Adjustment shall be conditioned upon the approval or conditional approval by the chief of police. e. Granting of a conditional use permit by the Board of Adjustment shall be conditioned upon the property owner maintaining in good standing at all times a business license permit for a target range pursuant to Chapter 17, Article XIV. Open Land Permits (including private open space, natural and conservation areas) . Open Land Permits shall be processed as Special Exception Permits, in accordance with Section 35-73. a. b. c. Rev. 11/18/2014 (2) Purpose. It is the purpose of these standards to encourage the retention of open land and private open space, assure the property subject to an Open Land Permit will be retained predominantly in the condition defined by the Permit; prevent any use of the property that will significantly impair or interfere with the use of the property as specified in the Permit; and accomplish any one or more of the following objectives: (1) Preserve open land and green space for passive recreation, development buffers and stream buffers; (2) Improve storm water quality through reductions in impervious cover, pollutant loads to streams, and soil erosion as a result of land clearing; (3) Lower capital cost of development by reducing stormwater runoff and by providing alternative sites for storm water best management practices; (4) Increase property values by encouraging open land in proximity to developments; (5) Create urban wildlife habitat areas; (6) Support other community planning goals such as pedestrian movement, neighborhood enhancement, and farmland preservation. Access/Ownership Rights. (1) No right of access by the general public to any portion of the property covered by an Open Land Permit is conveyed, but may be accomplished by separate instrument. Open land may be accessible to the residents of an associated development and/or the city, or it may contain areas which are not accessible to the public. (2) Land may be privately owned or owned in common by an association if approved by the Council. The owner of the property shall be responsible for costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the property. Offers of dedication to the public must be approved by the City Counselor; and must be accepted by the City Council; Agricultural land uses. (1) Agricultural land uses located in RC or RU zoning districts may be used for agricultural purposes as allowed by Exhibit 35-28 (Land Use Matrix); (2) Legal nonconforming agricultural land uses outside of the RC and RU districts are not required to obtain Open Land/Special Exception Permits; 35 - 68 (3) d. e. f Rev. 11/18/2014 Specific agricultural activities may be authorized in any zoning district, as provided by Paragraph d, below. Permitted Developments. The following proposed uses may be proposed under an Open Land Permit. (1) Green space and recreation areas for non-intensive or passive uses including footpaths, hiking and biking trails, picnic areas, lawns and similar uses; (2) Conservation and management of open land in its natural state; such as woodland, fallow field, meadow or prairie (management methods must be identified in the permit application) subject to the other provisions of this section; (3) Wildlife habitat; (4) Stormwater management area and stream buffers; (5) Utility and public infrastructure purposes; (6) Horticultural uses, including community gardens, and raising of crops (crop must be specified in the permit application and approved); (7) Pasture for horses when specifically permitted by Exhibit 35-28 Land Use Matrix Allowable accessory activities, uses, structures and hardscape. Structures proposed for the site must be identified in the permit application and shown on the site plan. Such hardscape and structures shall consume no more than ten percent (10%) of the total land area covered by the Open Land Permit. Such activities, uses and structures may include, but are not limited to: (1) Permanent structures for the storage of mowers, tractors, fuel and maintenance items; not to exceed 2,000 square feet in area; architectural style to be approved as part of the Permit; (2) Picnic shelters, gazebos and similar structures; with architectural style to be approved as part of the Permit; (3) Operation of motorized vehicles for maintenance of the site or for a purpose associated with an approved use of the site. (4) Roads, bridges, paths, utilities and public improvements; (5) Parking areas necessary to serve the permitted uses; (6) Other uses commonly associated with an approved principal use. Prohibited activities and uses. The following activities or uses are prohibited except in compliance with specific authorization, and as provided for in an approved Open Land Permit and approved site plan: (1) Use of motor vehicles except within approved driveways and parking areas, (except that maintenance, law enforcement, emergency and farm vehicles are permitted as needed); (2) Cutting of trees; and land clearing; (3) Regrading, depositing or removal of topsoil; (4) Depositing or removal of material from water courses; altering, diverting, or modifying water courses or water bodies; (5) Mining, dredging; (6) Widespread application of fertilizers, herbicides, insecticides and similar compounds. 35 - 69 g. h. i. Preservation of Natural Features, Animal or Plant Conservation Areas. The Commission, or the Council, may require that the applicant preserve natural features or areas of animal or plant habitats and adequately protect them as preserves or limited access areas. Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance, functioning, or overall condition as recommended by experts in the particular area being modified. The following modifications to natural or conservation areas may be permitted: (1) Reforestation (2) Woodland management (3) Meadow or prairie management (4) Buffer area landscaping (5) Streambank protection (6) Wetlands management Application and Plan Required. An application and plan for the Open Land Permit is required; such plan shall include a site plan map and separate typewritten narrative description of the existing and proposed activities, uses and structures, as follows: (1) Property/survey/legal description of the subject area; (3) Total acreage of the subject area; (3) Existing and proposed land cover and estimated acreages; (4) Proposed areas of land disturbance and estimated acreages, including areas proposed for burning, clearing, harvesting; etc. (5) Proposed uses by acreage and location; (6) Proposed plantings by acreage and location, including landscaping, trees and other land cover; (7) Proposed crops, if applicable; (8) Location of public access areas and areas where access is to be restricted; (9) Location of vehicular areas, if any (10) Location of any proposed structures and their purposes, bulk (dimensions, height), architectural elevations and description of building materials; (11) Land management and maintenance methods, including whether burning, mowing, or other land management methods will be employed, and frequency. (12) Proposed time schedule for commencing and completion of the project; and phasing plan, if applicable. (13) Proposed ownership (private, association, dedication); Completion of Project and Phasing. (1) Rev. 11/18/2014 Phasing. When the proposed project or improvements are to be phased, the specific project elements shall be identified with proposed time frame for completion. Each phase is required to be commenced and completed within 24 months of the schedule set in the approved plan. If the phase is not commenced or completed within the approved time period the project shall be subject to review by the Planning & Zoning Commission. 35 - 70 (2) j k. 31. Plan approval or plan amendment /findings. The Planning & Zoning Commission shall find the Open Land Plan or amendment is: (1) Compatible with the surrounding land uses; (2) Will not have a significant detrimental effect on the character of surrounding residential uses; (3) For amendments, such change will not adversely affect the initial basis for granting approval; Amendments. (1) Major amendments shall be processed in the same manner as the original permit. Major amendments include the addition or expansion of structures or hardscape; and proposed change in the composition of use acreage by more than 10%; (2) Minor amendments. Amendments deemed minor may be approved by the Director, provided that the purposes of the Open Land Permit are not compromised. If uncertainty exists as to the impact of the proposed change the Director may refer applications to the Commission to be processed as major amendments. l. Effect on Successors and Assigns. An Open Land Permit shall be binding upon the owner, his or her successors and assigns until such time as the ordinance providing for the special exception use shall be modified or rescinded by the Council. m. Enforcement. Enforcement shall be as provided in Article VIII, Enforcement, Violations and Penalties. Keeping of Equines as Accessory Uses to Residential Uses a. Rev. 11/18/2014 Time for completion. A project approved under an Open Land Permit shall be completed within 24 months from the date of final approval by the Approving Authority unless a phasing plan has been approved.. Permit Required. (1) Equine Permit Established. An Equine Permit is hereby established, to be issued by the Director or his or her designee. (2) Annual Renewal. Equine Permits shall be renewed annually. Application for renewal of an equine permit shall be accompanied by documentation that the applicant’s property has been inspected and approved by the Department of Planning and Protective Services within 60 days of the date of application for renewal. (3) Fees for new Equine Permits and renewals shall be as set out in Appendix Y of the City Code. (4) Revocation of Permit. Equine permits may be revoked without a hearing if the Director determines that violations of applicable City ordinances or standards of this section have occurred, including nuisance, equine neglect or mistreatment, or land mismanagement. (5) Any person aggrieved by a decision of the Director to deny, revoke, or refuse to renew an equine permit shall be entitled to a hearing before the Director to determine whether the decision to deny, revoke, or refuse an equine permit was proper pursuant to Section 35-41.B.31.Any such person aggrieved must request a hearing in writing to the Director of the Department of Planning and Protective Services within 10 days of the date of the action by the Director. If, after said 35 - 71 hearing, any person is still aggrieved, they may appeal the decision to the Board of Adjustment, whose decision shall be final. Any such application to the Board of Adjustment must be made within 10 days after the decision of the Director which follows the hearing. b. Specific Provisions. An Equine Permit may be issued for the keeping of equines, as accessory to the residential use of land, subject to applicable provisions in the City Code, including Chapter 5, Animals; Chapter 21, Nuisance; Chapter 31, Stormwater and Floodplain Management; and Specific Provisions as outlined below: Rev. 11/18/2014 (1) A minimum of five (5) acres of land area, within the fenced area as described below, exclusive of the residential use or other principal use of the premises, and riparian corridor areas, is required to keep equines under this provision. A maximum of five (5) equines is permitted to be kept on a premises. (2) Boarding of equines is not permitted; only equines owned by the property owner shall be kept on the premises covered by the Equine Permit. No equine breeding operations shall be permitted on properties governed by an Equine Permit. (3) Shelter or Stable Required. (a) A shelter shall be provided for each equine, which shall be roofed and provide dry footing. Such shelter shall be located not less than 50 feet from all lot lines, and not less than 50 feet from a residence on the same premises. The shelter shall have a maximum footprint of 1,750 square feet. Height of the shelter shall not exceed 1-1/2 stories, and shall be subject to additional height regulations of Section 35-51, Density and Dimensional Standards, and exhibits therein. (b) Architectural Standards. Shelter construction and materials shall match the residence on the premise, including materials, roof and colors. If architectural standards have been recorded or otherwise adopted for the subdivision or development, then those architectural standards shall be incorporated into the design of the shelter. (c) Plans Required. Plans for structures to be used as shelters shall be submitted to the Department of Planning and Protective Services. The plans shall include a building plan and a site plan.. The building plan shall show type of construction, materials and colors to be used. The site plan shall show lot lines, existing and proposed driveways and access points, location of existing and proposed fences, shelter location, and topography. Parcel maps and aerial photographs from the Geographic Information System may be used as the base for the site plan, but shall be printed to scale. (1) Maintenance Standards. All structures and the premises shall be maintained in accordance with this Section and other City codes. (2) Equine trailers. A maximum of one-noncommercial equine trailer may be stored on the property, to be stored inside the shelter or screened from view of adjoining property. Trailer storage location shall be as approved in the Equine Permit. (3) Equine Fences. Equine fences erected after May 1, 2009 shall be constructed in accordance with this subsection. The exterior boundary of the fence shall be set back at least 10 feet from all property and right-of-way lines. Fence height shall be at least four (4) feet, but no more than six (6) feet in height. The fence 35 - 72 setback standard may be waived by the Director if affected neighboring property owner(s) submit written requests for such waivers. Fences adjacent to streets shall be constructed of wood or man-made material, sufficient to contain the equine(s) on the subject property, and shall not be more than 50% opaque/solid. Wire fencing is not permitted adjacent to street frontages or within view of adjacent dwellings. Use of barbed wire is prohibited, except in accordance with Section 35-59 Fence Standards. (4) Protection of water courses and riparian corridor required. Fences shall erected to keep equines out of watercourses and be set back 25 feet from the top of any adjacent creek bank, except that the Director may require fences to be set back an additional 35 feet in order to further protect riparian corridors and to meet the requirements of Chapter 31 (Stormwater and Floodplain Management). Owners must provide supplementary feed so that pastures and meadows do not become overgrazed. In the event any area becomes denuded as a result of overgrazing, said owner shall cease grazing until pasture is re-established, and shall be required to re-seed that area to bring the ground cover back to a natural condition such as existed prior to the overgrazing (5) Manure management. Manure shall be managed in such a manner as to not create a nuisance. (6) Any hay stored on the property shall be stored inside an approved structure or screened from view of adjacent properties. (7) No equine shall be allowed to constitute a nuisance. For purposes of this section, a nuisance shall include: (8) 32. (a) All definitions found in Chapter 21; and (b) Noise leaving the permitted property, caused by the equine; and (c) Odor leaving the permitted property, caused by the equine; and (e) Equine leaving the permitted property without a person in control of the equine. Waivers to the Specific Provisions of this section may be granted at the discretion of the Director. Records of waivers granted shall be maintained. Crematorium a. Crematoriums are authorized as a permitted accessory use to a funeral home. b. Separation requirement. Crematorium smoke stacks shall be located a minimum of 100 feet from any neighboring private property. c. Crematoriums shall comply with State of Missouri air pollution control program permit requirements and other permit and licensing requirements, as applicable. (Ord. 13647, §2, 11-3-2003; Ord. No. 13821, §2, 1-3-2005; Ord. No. 14531, §3, 5-18-2009; Ord. No. 12655, 9-8-97; Ord. No. 15289, §4, 7-21-2014) Sec. 35-42. Specific Use Standards for Telecommunications Facilities A. Purpose. The purpose of this Section is to regulate the placement, construction and modification of telecommunication towers, support structures, and antennas in order to protect the health, safety, and general welfare of the public, while at the same time not unreasonably interfering with the development of Rev. 11/18/2014 35 - 73 the competitive wireless telecommunications marketplace in the City of Jefferson. Section is intended to: B. 1. Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Jefferson; 2. Minimize adverse visual impacts of communications antennas and support structures through the careful design, siting, landscape screening, and innovative camouflaging techniques; 3. Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities; 4. Maximize the co-location of facilities on any new support structures and facilitate the fewest and least visible new support structures capable of achieving these objectives; 5. Ensure that any new telecommunications tower or support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible; and 6. Ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service. Applicability. 1. All towers, antenna support structures and telecommunications facilities, any portion of which are located within the City of Jefferson, are subject to this Section. All towers within the City of Jefferson, Missouri at the time of passage of this Section shall be registered with the Director within sixty (60) days from the effective date hereof, together with the height, width and location thereof, and a registration fee of fifty dollars ($50.00). Failure to register an existing tower shall raise a presumption that said tower was not a legal nonconforming use on the date of passage of this Section. However, this Section shall not apply to tower structures used, or to be used, solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission or to towers and antennas used solely for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service, or the towers and antennas, support structure, or masts are located on the primary business premises of a provider of communications services if used solely to monitor the provider’s services and the equipment used by the broadcaster. Provided the private telecommunicator or provider is in compliance with any federal, state, or local laws, and does not encroach on the public rights-of-way. 2. Notwithstanding any provisions contained in this Section, any current legal use being made of an existing tower or antenna support structure on the effective date of this Section shall be allowed to continue as a non-conforming structure. Any tower site that has received city approval in the form of either a conditional use permit or building permit, but has not yet been constructed or located within six (6) months of the date of the permit, shall be considered a non-permitted structure. 3. The term “telecommunications facilities” shall not include: 4. C. Specifically, this a. Any satellite dish two meters in diameter or less which is located in an area zoned and used for industrial or commercial; b. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; c. Any satellite earth station in excess of two meters in diameter which is utilized for the reception of broadcast television, video or radio signals and which is an ancillary use to a structure on the premises of the holder of the broadcast license. The term “this Section” throughout Section 35-42 refers to Section 35-42 in its entirety. Legislative Findings. Rev. 11/18/2014 35 - 74 D. 1. On February 8, 1996, congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunication services in the United States. 2. The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public. 3. The City has been granted the authority to enact legislation to regulate the construction, placement and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89 of the Revised Statutes of Missouri and additionally pursuant to its general and specific police powers established by statute authorizing the regulations herein to protect the public health, safety and welfare. 4. The Federal Communications Commission (FCC) has exclusive jurisdiction over (1) the regulation of the environmental effects of radio frequency emissions from telecommunications facilities, and (2) the regulation of radio signal interference among users of the radio frequency spectrum. 5. Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. This Section does not attempt to regulate in areas within the exclusive jurisdiction of the FCC. 6. The uncontrolled proliferation of towers in the City of Jefferson is threatened without adoption of new regulations and would diminish property values, the aesthetic quality of the city, and would otherwise threaten the health, safety, and welfare of the public. Timing. Applications for telecommunication facility permits or conditional use permits pursuant to this Section shall be subject to the supplementary procedures in this Section. Applications shall be submitted to the City as a complete application. A “complete application” shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees and information as required thereon or by the City, consistent with this Section. Applications for telecommunication facility permits shall be accompanied by a building permit application and other applicable forms. Applications shall include application fees as may be established to reimburse the City for its inspection and review costs. 1. Co-location requests. A final decision on applications to co-locate wireless communication facilities on an existing telecommunication tower shall be made no later than ninety (90) days after receipt of a complete application from an applicant, unless extended by the City for good cause or by consent of the applicant. 2. Other applications and new support structures. A final decision on all other applications under this Section, including but not limited to applications for new telecommunication towers, shall be made no later than one hundred fifty (150) days after receipt of a complete application from an applicant, unless such period is extended by the City for good cause or by consent of the applicant. 3. Incomplete applications. Within thirty (30) days after receipt of an incomplete application, the Director shall provide notice to the applicant stating that the application is incomplete and generally identifying the code provisions or application requirements not satisfied or information not provided that the applicant must satisfy for a complete application commencing the City’s review process. Nothing in this procedure shall alter the affirmative obligation of each applicant to review the applicable code and satisfy all applicable provisions as may apply to the applicant’s specific submission. Rev. 11/18/2014 35 - 75 E. General Requirements. The requirements set forth in this Section shall be applicable to all towers, antennas and other telecommunication facilities installed, built, or modified after the effective date of this Section to the full extent permitted by law. 1. F. Approval authority over the placement of telecommunications facilities is governed by Exhibit 3528 and this Section. For the purposes of this Section, the approval authority shall be: a. The Board of Adjustment for facilities requiring a conditional use permit, b. The City Council with review by the Planning and Zoning Commission for facilities located in a PUD zoning district. c. The Director of Planning and Protective Services for permitted uses. 2. Principal Use. Telecommunication facilities, antennas, and towers may be a permitted use or conditional use as outlined in Exhibit 35-28 and this Section. 3. Accessory Use. Telecommunication facilities, antennas and towers may be an accessory use to existing multiple-family, institutional, commercial, or industrial uses. 4. Building Codes, Safety Standards and Zoning Compliance. To ensure the structural integrity of antenna towers, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna or tower shall be erected or expanded prior to receipt of a certificate of zoning authorization and the issuance of a building permit. 5. Regulatory Compliance. All antennas and towers shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennas and towers. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City. 6. Excess Capacity and Planned Future Use. Any applicant for a building permit to install, build or modify any tower shall furnish the Director a statement of the excess capacity of the tower and plans, if any, for anticipated growth. In addition, the applicant must design the tower and indicate on the application that the tower will accommodate at least one additional antenna similar to the principal antenna. Co-location. 1. Co-location of Facilities on New Towers. New towers constructed within the City shall be capable of accommodating at least one additional carrier or telecommunications facility for one other provider of communications services (hereinafter referred to as “additional capacity”). A report describing the tower’s ability to support additional capacity shall be submitted with the application. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential wireless service provider users shall be unlawful and shall be a violation of this Section and, among other remedies of the City, shall be cause for the withholding of future permits to the same owner or applicant to install, build or modify wireless communications facilities within the City. The approval authority may waive this requirement for disguised support structures if the applicant submits a written request demonstrating that compliance cannot be achieved without violating one or more of the definitional requirements of a disguised support structure. 2. Co-location on Existing Towers. Owners of existing towers shall make such support structures available for use by other wireless service providers subject to reasonable technical limitations and Rev. 11/18/2014 35 - 76 reasonable financial terms. Technical limitations regarding disguised support structures shall include limitations as are necessary to maintain the requirements of a disguised support structure. The willful and knowing failure of a structure owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for the withholding of future permits to the same owner to install, build, or modify telecommunication facilities within the City. 3. Shared Use Violations. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the Director in writing. The Director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of the Telecommunication Facility Permit Review Fee, as outlined in Appendix Y, to the City to be used to offset the cost of review. After the applicant’s receipt of the notice, the applicant shall have ten (10) calendar days to provide a written submission to the Director responding to the alleged violation of the shared use requirement. If deemed necessary by the Director, he/she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the Director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to thirty (30) days or until the Director has determined that the applicant has complied. Nothing herein shall be deemed to create a cause of action for relief against the City or entitlement to any relief, process or enforcement other than review by the City as provided herein. An application for a new telecommunication tower shall not be deemed complete for acceptance until all information necessary for a decision on compliance has been provided by the applicant. G. Tower Inventories. Prior to the issuance of any permit to install, build or modify any support structure, such applicant shall furnish the Director an inventory of all support structures owned or controlled by the applicant and by proposed antenna user (if the proposed antenna user is different from the applicant), and all towers owned by any person located within one and one-half miles of the proposed structure. The inventory shall include the structure or antenna reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas, assessment of available space for mounting of additional antennas and an assessment of available ground space for the placement of additional equipment shelters. H. Notice of Tower Applications. Prior to any application for the construction of a new telecommunication tower, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users within the City, including but not limited to all companies providing wireless internet and commercial mobile radio services in the City, and such other potential users, if any, identified on a schedule maintained by the Director. Proof of such delivery shall be documented by the applicant with the application to the City. The Director may establish a form required to be used for such notifications and establish other procedures consistent with and as may facilitate compliance with this Section. Any party seeking shared use of a telecommunication tower subject to this provision shall, after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. The Director shall, before deciding on the application or forwarding it to the Approval Authority for review, allow all persons receiving notice at least fifteen (15) calendar days to respond to the City and the applicant and request that the party receiving notice be permitted to share the proposed tower or locate within one (1) mile of such area. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new telecommunication towers. I. Exception from Maximum Height and Bufferyards. Rev. 11/18/2014 35 - 77 1. Where, as determined by the director, additional co-location opportunities on an existing tower constructed prior to September 8, 1997, are not practical without an increase in the height of the tower, a permittee of an existing tower may modify the height of its tower to accommodate colocation of additional telecommunications facilities as long as the total height of the tower and telecommunications facilities attached thereto does not exceed 10 percent of the height of the existing tower or 20 feet, whichever is greater. 2. Permission to exceed the maximum permitted height pursuant to this subsection shall not require an additional distance separation as set forth in Exhibit 35-42.A and Exhibit 35-42.B, nor additional bufferyards or landscaping above that required for the original tower. The tower’s premodification height shall be used to calculate such distance separations. J. Same Tower Type. A tower which is modified to accommodate the co-location of additional telecommunications facilities shall be of the same tower type as the existing tower. However, a different type of tower may be permitted by the approval authority pursuant to Section 35-72G. K. Movement of Tower. 1. A tower which is being replaced to accommodate the co-location of additional telecommunications facilities may be moved on the same premises as it was constructed on, or to an adjacent premises, within 50 feet of its existing location as long as required setbacks and bufferyards are maintained. 2. A tower that is relocated pursuant to this subsection shall continue to be measured from the original tower site for the purpose of calculating the separation distances between towers pursuant to Exhibit 35-42.B. 3. Prior to the relocation of a tower within a residential area, notice shall be given to adjacent property owners within 185 feet of the proposed tower site. L. Location on Government Property. New telecommunication towers shall be located on land owned by an agency of the federal or state government or a political subdivision of the state, where available. Availability of suitable locations on government property shall be determined by the City Administrator. Appeals on the suitability of a location on government property shall be heard by the Board of Adjustment. M. Telecommunication Facilities as Permitted or Accessory Use. 1. Permitted Use. The placement of telecommunications facilities is a permitted use in several districts as set forth in Exhibit 35-28 and this subsection. Permits for permitted facilities are approved by the Director in conformance with Section 35-72.G. a. b. Rev. 11/18/2014 The attachment of additional or replacement antennas or equipment to any existing telecommunication facility provided that: (i) Additional equipment is located within the existing shelter or cabinet or a new shelter or cabinet contained within the fenced telecommunication facility area (ii) Any expansion of a fenced area of the tower site to accommodate additional ground equipment shall include the upgrade of the fencing to the design standards contained in Section 35-42.Q and other applicable requirements of this Section including the replacement of chain link fencing with solid screening fencing. (ii) No increase in height occurs, except as permitted by this section. (iii) All requirements of this Section, the Zoning Code, and other chapters of the City Code are met. The one-time replacement of any tower existing on September 8, 1997, or subsequently approved in accordance with the telecommunications towers regulations, so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard and the new structure otherwise complies with Section 35-42. The new 35 - 78 tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower shall be replaced with a monopole. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall adhere to the requirements for new towers. 2. Rev. 11/18/2014 c. The mounting of antennas on any existing and conforming commercial, industrial, or institutional building or structure other than a support structure (such as a water tower), provided that the presence of the antennas and equipment is in conformance with Section 35-42.M.2 relating to accessory use and Section 35-42.Q relating to design and construction standards. d. The mounting of camouflaged antennas on or within any existing high-voltage electric transmission tower or functioning utility poles. Equipment shall not exceed the height of such tower by more than ten feet (10’) and all requirements of this Section, the Zoning Code, and other chapters of the City Code shall be met, except that setbacks provided in this Section shall not apply. Any related equipment for antennas permitted by this subsection located within the right-of-way shall be subject to the applicable permitting process. e. The installation of antennas or the construction of a telecommunication tower on buildings or land owned by the City following the approval of a lease agreement by the Governing Body and subject to such specifications, conditions and requirements as set forth in the lease. f. Temporary Towers erected and maintained for a period not to exceed 60 days for the purpose of replacing an existing tower, testing an existing or proposed network, or providing temporary service. The approval for such a tower shall be limited to the amount of time necessary for its purpose and approval may be further conditioned for public safety and other purposes of this Section. Accessory Use. Any telecommunications facilities which is not attached to a tower and not permitted by Section 35-42.M.1 is deemed an accessory use and shall be permitted on any commercial, industrial, institutional or multi-family structure and on land owned by the City, provided that the person making such accessory use registers the telecommunication facility and obtains a telecommunication facility permit and building permit. Such accessory uses shall meet the following standards: a. The total height of the antenna support structure and telecommunications facilities shall not exceed the structural height limitations in the applicable zoning district listed in Exhibit 35-51.A by more than 20 feet and shall not extend above the top of the building by more than 20 feet; b. The antenna support structure and telecommunications facilities shall comply with the City’s adopted building code and any applicable state law, shall not encroach on the public rights-of-way, and a building permit shall be obtained from the Building Regulations Division; c. Any telecommunications facilities and antennas located on the roof or sides of a building shall comply with setbacks required by the City’s adopted building code, if any, and shall not extend more than 50 inches in the horizontal plane from the side of such structure unless the purpose of said protrusion is to permit signal coverage in an area that will not receive such coverage but for an extension beyond 50 inches. Any extension beyond 50 inches must be approved by the Director prior to construction of said antenna and such approval shall be dependent upon a showing that coverage is unavailable but for the extension, that the extension does not violate any other building code of the city, state or federal law that is applicable, encroach upon public rights-of-ways, and the extension does not pose any danger to the traveling public; 35 - 79 N. d. The telecommunications facility will be side-mounted to an antenna support structure so as to exhibit a minimal profile or will utilize camouflaging techniques in order that the telecommunications facility will harmonize with the character and environment of the area in which it is located. Antennas and support structures shall be painted to blend with the color of the building if such painting will not interfere with functioning of the antenna or support structure. Antennas and support structures shall meet the Design and Construction Standards of Section 35-42.Q; and, e. All requirements of Section 35-42, the Zoning Code, and the City Code shall be met. Telecommunication Facilities as a Conditional Use 1. Rev. 11/18/2014 The placement of telecommunication facilities is a conditional use in several districts as set forth in Exhibit 35-28 and this Section. All proposals to install, build or modify an antenna or support structure as a conditional use shall require the approval of a Conditional Use Permit following a duly advertised public hearing by the Board of Adjustment, subject to the following. a. Applications. Applications for conditional use permits shall be filed and processed subject to and in the manner and timeframe as established in Section 35-73A of the Zoning Code and, in addition to such other requirements, shall be accompanied by the applicable fee for a conditional use permit application and a deposit of funds, as outlined in Appendix Y, for reimbursement of professional service and staff review costs, or such other deposit amount as may be established by the approval authority reasonably necessary to reimburse the City for such anticipated costs and fees for legal, engineering, contractual or other consultant services determined by the City to be needed in review or action on the application. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. b. Additional minimum requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of a telecommunication facility as a permitted or accessory use pursuant to Exhibit 35-28 or Section 35-42.M is not technologically or economically feasible. The City may consider current industry standards and practices, among other information, in determining feasibility. c. Decision. A decision by the approval authority shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence may be submitted with the application or thereafter, or presented during the public hearing by the applicant or others. d. Findings Required. In addition to the determinations or limitations specified herein and by Section 35-73A for the consideration of conditional use permits, no conditional use permit shall be approved by the governing body unless findings in the affirmative are made that the following conditions exist: (1) No existing towers, structures or buildings within the necessary geographic area for the applicant’s tower meet the applicant’s necessary engineering requirements considering: (a) height; (b) structural strength; (c) resulting signal interference; (d) feasibility of retrofitting; (e) feasibility of redesigning the applicant’s tower network; or (f) other limiting conditions that render existing towers, structures or buildings within the applicant’s required geographic area unsuitable. (2) That the design of the tower or structure, including the antenna, shelter and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this Section. New towers shall be of a 35 - 80 monopole design, unless it is shown that an alternative design would equally or better satisfy this provision. O. (3) That the proposal minimizes the number and/or height, size, and visibility of towers or structures that will be required in the area. Where alternate technology or design exists or is reasonably available that would satisfy the general need for the proposal, this factor is ordinarily not satisfied. (4) That the applicant has not previously failed to take advantage of reasonably available co-location opportunities or procedures provided by this Section or otherwise. (5) That no land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the structure or tower. e. If any one of the findings is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this Section. f. Additional Limitations. (1) No tower shall be approved at a height exceeding 150 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant’s system. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit including but not limited to the use of two or more telecommunication towers, and the reason why such alternatives are not viable. (2) A conditional use permit shall not be issued for any telecommunication facility that the Board of Adjustment determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. (3) A decision by the Board of Adjustment shall be accompanied by substantial evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others. Telecommunication Facilities within a PUD District. 1. Applications for telecommunication facilities located on property zoned PUD Planned Unit Development shall be processed in accordance with Section 35-74.C with review by the Planning and Zoning Commission and City Council (rather than the Board of Adjustment). 2. Findings Required. When considering applications for telecommunication facilities greater than 70 feet in height in PUD Districts, the Planning and Zoning Commission and City Council shall base their decisions upon, and shall make findings as to, the existence of the required findings and conditions contained within Section 35-42.N and Section 35-73.A. 3. Towers located in districts zoned PUD shall adhere to the standards and requirements of Section 35-42. Variations from the standards and requirements may be approved by the City Council upon finding that such variations would: a. Rev. 11/18/2014 Not eliminate an adequate supply of light or air to adjacent property, substantially increase congestion in the public street, increase the danger of fire, or endanger the safety of the public; 35 - 81 P. Not be unduly injurious to the use and enjoyment of adjacent property nor substantially diminish property values in the neighborhood; and c. Be in keeping with the general spirit and intent of this chapter. Coverage Studies and Professional Services 1. Q. b. RF Engineer Certification Required; Additional Studies. The City may require, at the expense of the applicant, any additional studies or the hiring of an external consultant, including technical and legal services, to review exhibits and/or other requirements in accordance with this Section. Applications for a new telecommunication tower shall be considered only after a report by a Radio Frequency Engineer stating that the planned telecommunication equipment cannot be accommodated on an existing or already approved tower that is capable of shared use and providing facts, including the alternatives considered and precise cost estimates where cost is a basis for the determination, clearly demonstrating one or more of the following conditions: a. Planned telecommunications equipment would exceed the structural capacity of an existing or approved tower, and the tower cannot be reinforced to accommodate planned telecommunication equipment at a reasonable cost; b. Planned telecommunications equipment will cause radio frequency interference with other existing or planned telecommunications equipment for that telecommunication tower and the interference cannot be prevented at a reasonable cost; c. Existing or approved telecommunication towers do not have space on which the planned telecommunications equipment can be placed so it can function effectively and at least in parity with other similar telecommunications equipment in place or approved by the City or other area jurisdictions; or d. Other reasons that make it impractical and not feasible to place the telecommunications equipment planned by the applicant on an existing or approved telecommunication tower. 2. When requesting a variation from the standards of Section 35-42 or when requesting a permit for a location off of government property, the applicant shall provide additional information at the request of City Staff in order to support the application. This information may include, but is not limited to, the results of any drive test data and/or other computerized signal area coverage studies conducted by the applicant within the City, including a non-technical description of the results of the studies and implications for the siting of the proposed wireless telecommunication facility. 3. The Board of Adjustment, Planning and Zoning Commission, or City Council may hire, at the expense of the applicant, any consultant and/or expert necessary to assist in reviewing and evaluating any applications for telecommunication facilities. Design and Construction Standards. 1. Design. a. Rev. 11/18/2014 Designs allowed: (1) Monopole design. New telecommunication towers shall be of a monopole design. Lattice, guyed towers or other non-monopole tower designs shall not be permitted. (2) Disguised support structures. Structures meeting the definition of a disguised support structure contained in Section 35-92 may be approved or required by the Approval Authority in order to satisfy applicable findings. Antennas attached to a disguised support structure shall be contained within the disguised support structure or mounted flush on the surface of the tower to which they are mounted. (3) Building mounted. Antennas attached to an existing building or structure shall be of a color identical to the surface to which they are mounted. Antennas 35 - 82 extending above the roof of a building shall be side mounted to a support column so as to exhibit a minimal profile. b. Color. Subject to the requirements of the FAA or any applicable State or Federal agency, Towers and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Approval Authority, consistent with the requirements of this Section. Unpainted galvanized steel support structures are not permitted. c. Ground Equipment. Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located. All equipment shall be placed underground, contained in a shelter or cabinet, or wholly concealed within a building or approved walled compound. d. Towers shall not exceed the height limitation of the Airport Overlay District adopted by the City. e. All permittees shall make every reasonable effort to design and construct new towers and telecommunications facilities to blend into the character and environment of the area in which they are located, unless such use shall create a hazard for the traveling public or it is not technically feasible to use such design and co-locate other facilities on the tower. f. Advertising. The placement of advertising on structures regulated by this Section is prohibited. g. Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning. h. Disguised Support Structure Standards. following criteria: Disguised support structures shall meet the (1) The structure is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located. (2) The structure does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate. (3) The structure cannot be identified as an antenna support structure by persons with reasonable sensibilities and knowledge. (4) The structure’s equipment, accessory buildings, or other aspects or attachments relating to the structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated. (5) The structure is of a height, design and type that would ordinarily occur at the location and neighborhood selected. 2. Structural Requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the City’s building code, any applicable state laws and other standards outlined in this Section. A building permit shall be obtained before construction may begin. 3. Setbacks and Separation Requirements a. Rev. 11/18/2014 All towers shall be set back a distance equal to 50 percent of the height of the tower up to 100 feet, plus one foot for each foot over 100 feet in height. 35 - 83 Rev. 11/18/2014 b. Setback requirements for towers shall be measured from the center of the tower to the property line of the parcel on which it is located. c. In addition to required setbacks outlined in this section, towers shall be separated from the types of areas designated in Exhibit 35-42.A. d. Measurement of tower separation distances for the purpose of compliance with this Section shall be measured from the center of a tower to the closest property line of a designated area as specified in the exhibit. Separation distances for towers located on the same property as a designated area shall be measured from the center of the tower to the closest structure of the designated area. 35 - 84 Exhibit 35-42.A Separation Requirements Designated Area Separation Distance Single-family or duplex residential land or single- 300 feet. If the tower is of a disguised support family or duplex units in a residential district1 structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Vacant single-family or duplex residentially zoned 300 feet. If the tower is of a disguised support land which is either platted or has preliminary structure design, then the separation distance may be subdivision plat approval which is not expired reduced to 100 percent of the height of the tower. Vacant un-platted residentially zoned land and 200 feet or 100 percent of the height of the tower, residential units in non-residential zoned districts1 whichever is greater. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Existing multi-family residential land or units greater 100 feet or 100 percent of the height of the tower, than duplex units whichever is greater. If the tower is of a disguised support structure design, then the separation distance may be reduced to 100 percent of the height of the tower. Non-residentially zoned lands or non-residential uses None; only setbacks apply. Approved heliports 100 feet or 100 percent of the height of the tower, whichever is greater. 1 Includes modular homes and mobile homes used for living purposes. e. f. Rev. 11/18/2014 Separation distances set forth in this subsection may be varied by the Board of Adjustment or City Council (as the applicable approval authority) upon finding that: (1) The location, shape, appearance, or nature of the use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located, and that landscaping techniques will be used to screen the tower from any adjacent residential use; and, (2) The proposed tower will accommodate at least one additional carrier of various telecommunications services; and, (3) The proposed tower and use will not create a blight on adjacent property, or interfere with adjacent uses within the separation area; and (4) An exception is necessary for the engineering design of the system of the tower or that no other option is available to provide coverage for the service area. Proposed towers must meet the following minimum separation requirements (see Exhibit 35-42.B) from towers existing at the time a permit is granted unless constructed for the purpose of providing co-location capacity on the same site as another tower designed for the same purpose. 35 - 85 Exhibit 35-42.B Existing Towers-Types and Minimum Separation Requirements PROPOSED TOWERS - TYPES Lattice Guyed or Lattice or Guyed 150 ft. in Height or Greater Monopole Towers less than 150 ft. 75 ft. in Height in or Height Greater Monopole Towers Less Than 75 ft. in Height Lattice or Guyed 3,000 ft. 2,500 ft. 1,500 ft. 750 ft. Monopole 75 ft. in Height or Greater 1,500 ft. 1,500 ft. 1,500 ft. 750 ft. Monopole Less Than 75 ft. in Height 750 ft. 750 ft. 750 ft. 750 ft. For the purpose of this subsection, the separation distances shall be measured by drawing or following a straight line between the center of the existing tower and the center, pursuant to a site plan, of the proposed tower. 5. Method of Determining Tower Height. The height of the tower shall be measured as follows: the vertical distance between the highest point of the tower and the natural grade below this point. 6. Illumination. Towers shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme shall be made a part of the application to install, build or modify the tower. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Approval Authority on the approved site plan. At the time of construction of a tower, dual mode lighting shall be requested from the FAA in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower. 7. Fencing and Screening. All towers shall be: a. Surrounded by a minimum of six foot high solid screening wood or maintenance free vinyl fence or decorative wall constructed of brick, stone or masonry materials. b. In lieu of the required fence, an alternative means of screening may be approved by the Approval Authority upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for disguised support structures if needed to implement an approved disguise. 8. Bufferyard and Landscape. In addition to the Fencing and Screening requirements, parcels containing towers, antenna towers or telecommunications facilities shall be in conformance with the applicable bufferyard requirements in the zoning district where the tower, antenna tower or telecommunications facilities are located. Existing vegetation shall be maintained to the extent possible. The Approval Authority may require additional landscaping if to do so would make the tower, antenna tower or telecommunications facility more reasonably compatible with the surrounding area. All vegetation used in the landscaping shall be located outside any fenced area. 9. Security. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications facilities. Rev. 11/18/2014 35 - 86 R. S. 10. Access. All parcels upon which towers are located must provide access to at least two vehicular parking spaces located within 100 feet of the tower. Traffic associated with the facility shall not adversely affect traffic on adjacent streets. 11. Drainage. All parcels upon which towers are located must contain adequate drainage facilities, which are approved by the Director. Maintenance. 1. Permittees shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. 2. Permittees shall install and maintain towers, telecommunications facilities, wire, cables, fixtures and other equipment in compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property. 3. All towers, telecommunications facilities and antenna towers shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. Abandonment of Tower. 1. In the event the use of any tower has been discontinued for a period of two years, such tower shall be deemed abandoned. 2. The Director shall provide the tower owner three months notice and an opportunity to appeal the decision to the Board of Adjustment in accordance with Section 35-70.J before declaring the tower abandoned and ordering the removal or demolition of the tower. In the event the tower owner provides evidence of intended use of the tower, an extension of no more than one year may be granted by the Director. 3. After a public hearing is held pursuant to Section 35-70.J, the Board of Adjustment may order the removal or demolition of the tower. T. Commercial Operation of Unlawful Tower or Antenna. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new antenna, tower or disguised support structure in violation of any provision of this Section, regardless of whether such antenna or structure is located on land owned by a governmental entity. U. Penalty. Except as may otherwise be provided by law, any person violating this Section shall be subject to a fine of not more than five hundred dollars ($500) or 90 days in jail or both. Each day the violation continues shall constitute a separate offense. Secs. 35-43. - 35-49. Reserved. Rev. 11/18/2014 35 - 87 ARTICLE V. SITE DESIGN AND IMPROVEMENT STANDARDS Sec. 35-50. Lots and blocks. A. General. All new lots created must comply with the density and dimensional standards shown in Exhibit 35-51A. Where legally created parcels, in existence on the date of adoption of these regulations, are smaller or narrower than required by the standards in Exhibit 35-51A, new development shall comply with these standards to the greatest extent possible. Deviations from the standards of these regulations shall require a variance from the Board of Adjustment and a demonstration of a hardship in conformance with Section 35-73.B. B. Types of Lots and Lot Arrangement. The Zoning Ordinance permits flexibility in lot types and layouts. Lots may be laid out in conventional subdivision design, with compact housing types, or may be clustered as addressed in Section 35-54. Consideration shall be given to the topography or other natural conditions of the site when determining the layout of a lot or placement of a building on a lot. C. Compliance with Subdivision Code. Lots, blocks and public improvements shall be designed and developed in conformance with the Subdivision Code. 1. Street Access. All lots or parcels shall have frontage upon a dedicated public street acceptable to the City or, upon approval of a planned unit development, a private street, if approved by the City. 2. Gated Entrances. All gated entrances across private streets or drives which serve more than one dwelling unit shall comply with the applicable City requirements. Sec. 35-51. Density and dimensional standards. A. Purpose. Every building or structure on a lot shall comply with the minimum required setbacks, except as specifically provided in this Section. 1. Setbacks apply on each lot or parcel where a building may be erected. Exhibit 35-51A, on the following page, summarizes the minimum and maximum density and dimensional standards for lot development except as otherwise provided in this Ordinance. 2. Accessory structures or buildings abutting a side street on a corner lot shall have a front yard not less than that of the primary structure. Rev. 11/18/2014 35 - 88 EXHIBIT 35-51A. DENSITY AND DIMENSIONAL STANDARDS Notes for Exhibit 35-51A: 1 The minimum lot size does not apply to cluster subdivisions or compact housing developments; see Section 35-54. 2 Minimum setbacks for nonresidential, semi-public and public buildings located in Residential districts is governed by Exhibit 35-51B. 3 Residence for caretaker or night watchman may be authorized by conditional use permit, subject to compliance with all applicable building codes. 4 Maximum height of 140 feet or 750 feet mean sea level (M.S.L.), whichever is lower. Maximum Density (Units/Acre or FAR) Minimum Net Lot Area RU Rural N/A RC Conservation Zoning District Minimum Setbacks2 Minimum Lot Area Per Dwelling in Square Feet SingleFamily Dwelling1 Two Family Dwelling Multi-Family Dwelling 2 acres 2 acres Prohibited Prohibited N/A 43,560sf Prohibited Prohibited RS-1 Residential N/A 15,000sf 15,000 RS-2 Residential N/A 10,000sf RS-3 Residential N/A RS-4 Residential Lot Width (feet) Max. Lot Coverage (percent) Max. Height (feet) Front (feet) Side (feet) Rear (feet) 150 50 20 50 N/A 35 Prohibited 150 50 20 50 N/A 35 Prohibited Prohibited 100 25 10 30 50 45 10,000 Prohibited Prohibited 80 25 10 30 50 35 8,000sf 8,000 Prohibited Prohibited 70 25 10 30 65 35 N/A 6,000sf 6,000 Prohibited Prohibited 50 25 7 25 65 35 RD Residential N/A 6,000sf 6,000 3,000 Prohibited 60 25 10 25 65 35 RA-1 Residential 12 5,000sf 5,000 3,000 2,500 80 25 10 25 65 35 RA-2 Residential 24 5,000sf 5,000 3,000 1,500 60 25 10 25 65 45 N-O Neighbor. Office 0.5 FAR 6,000sf 6,000 Prohibited Prohibited 60 25 10 25 65 35 C-O Office Commercial 1.0 FAR NONE Prohibited3 Prohibited Prohibited 0 25 10 20 N/A 45 Rev. 11/18/2014 35 - 89 Maximum Density (Units/Acre or FAR) Minimum Net Lot Area C-1 Neighbor. Commercial 1.0 FAR C-2 General Commercial Zoning District Minimum Setbacks2 Minimum Lot Area Per Dwelling in Square Feet Lot Width (feet) Max. Lot Coverage (percent) Max. Height (feet) SingleFamily Dwelling1 Two Family Dwelling Multi-Family Dwelling NONE Prohibited3 Prohibited Prohibited 2.0 FAR NONE Prohibited3 Prohibited C-3 Central Commercial 4.0 FAR NONE Prohibited3 M-1 Light Industrial 1.0 FAR NONE M-2 General Industrial 1.0 FAR NONE PUD Planned Unit Dev. Development standards shall reflect the standards for the most appropriate zoning district for the proposed uses, except as expressly approved by the City Council pursuant to Sections 35-26 and 35-73.C. Front (feet) Side (feet) Rear (feet) 0 25 10 20 N/A 45 Prohibited 0 25 0 20 N/A 60 Prohibited Prohibited 0 0 0 0 N/A 1404 Prohibited3 Prohibited Prohibited 0 25 0 25 N/A 60 Prohibited3 Prohibited Prohibited 0 25 0 25 N/A 60 Ord. 13701, §2 & 3, 4-19-2004 Rev. 11/18/2014 35 - 90 B. Lot Measurement and Exceptions. 1. Density. Maximum density is measured as the number of dwelling units per gross acre of land. Maximum density is measured by dividing the number of dwelling units on a lot or parcel by the parcel’s gross area (in acres). For sites with excessive slopes, floodplains, wetlands or other physical constraints, maximum density may not be achievable. 2. Lot Area Measurement. 3. a. Lot Area Measurement. Lot area is measured as the net amount of contiguous land area contained within the property lines of a lot or parcel, not including streets or rights-ofway, floodways, wetlands, ponds, lakes or the pole portion of a flag lot. b. Exceptions. No zoning permit or building permit shall be issued for a lot that does not meet the minimum lot requirements of this Ordinance except: (1) Utilities using either land or an unoccupied building covering less than 1,000 square feet of site area are exempt from minimum lot area standards (i.e., sewer lift station, unoccupied telecommunications relay buildings). (2) The minimum lot area standards of this Ordinance shall not prohibit the construction of a detached dwelling unit on a lot that was legally platted or recorded before the adoption of this Ordinance, provided that the dwelling unit is constructed in compliance with all applicable dimensional standards and meets the minimum health and safety standards for water and wastewater facilities and private sewage disposal systems. (3) Corner lots platted after March 17, 1981 shall have a minimum lot area 20 percent larger than the minimum lot area established for the district. Lot Width and Frontage. a. Lot width. Lot width is measured as the shortest distance between opposite side lot lines at the front building setback line. b. Side yard lot lines. Side yard lot lines shall be perpendicular to the right-of-way line or radial to curved streets unless the Director determines that another arrangement provides for more efficient and compatible lots. c. Lots on cul-de-sacs. For lots on cul-de-sacs or similar circumstances, the minimum width shall apply at all points between the front and rear building lines. Cul-de-sac lots shall have a minimum street frontage of 35 feet. 4. Street Frontage. Street frontage is measured between side lot lines along the front lot line. 5. Setbacks. Rev. 11/18/2014 a. Measurement. Setbacks are the shortest distance between the furthermost projection of a structure and lot lines on which the structure is located. Setbacks must be unobstructed from the ground to the sky except as specified in this Section. b. Minimum Garage Setbacks. Garage entries which face a street shall be set back a minimum of 25 feet from the property line regardless of adjacent building setbacks. This provision shall also apply to compact housing types. c. Exceptions and Permitted Encroachments. The following features may encroach into required setbacks as described below: (1) Landscaping and berms; (2) Clothesline posts and lines, but not in a front yard setback; (3) Driveways, curbs and sidewalks; (4) Flagpoles; 35 - 91 d. (5) Heating and cooling units, by not more than 3 feet; (6) Mailboxes; (7) Overhanging roof, eave, gutter, cornice, or other architectural feature and awnings, by not more than 2 feet, however, the Director may permit eaves and overhang features to project into a required yard a distance not to exceed 48 inches; (8) Septic systems, wells and underground utilities; (9) Signs, as allowed by Chapter 3, Advertising and Sign Code; (10) Open steps, stairs or fire escapes (non-enclosed), by not more than 6 feet; (11) Accessory structures and buildings shall be located not less than five feet from the rear property line, except that a garage with an alley entrance shall be located at least ten feet from the alley line. Accessory structures and buildings located at least 60 feet from the front lot line shall be located not less than five feet from the side property line. (12) Swimming pools not more than 3 feet above grade, provided that they are set back at least 5 feet from all property lines. (13) Fences or walls; except not dedicated animal enclosures or pens; (14) Yard and service lighting fixtures and poles. (15) Open unenclosed porches, by not more than 10 feet into the front yard. Transition Area Between a Residential District and a Commercial or an Industrial District. Where a parcel located in a Commercial or an Industrial District abuts a RS, RD, or RA Residential District, the principal building shall be set back as indicated in Exhibit 35-51B-1. Where the property lies partially within a Commercial or an Industrial District and a Residential District, then the affected setback shall be measured from the boundaries of the Commercial or an Industrial District. Exhibit 35-51B-1. Minimum Non-Residential Building Setbacks from Residential District Lot Lines e. Rev. 11/18/2014 Height of the NonResidential Building Setback from Side Lot Line abutting an R-District Lot Setback from Rear Lot Line abutting an R- District Lot 15 feet or less 10 feet 20 16 to 30 feet 20 feet 30 31 to 45 feet 30 feet 40 Transition Area Between Public and Semi-Public Buildings in a Residential District. A minimum side yard width of 30 feet shall be maintained between a school, library, church, community building and other public and semi-public building and a Residential District. Outside recreational structures shall be set back a minimum of 30 feet from any abutting residential district line. 35 - 92 f. Frontage on Lot Split by Districts. Where a frontage is divided among two or more different zoning districts with different front setback requirements, the deepest front setback required shall apply to the entire frontage. g. Measurement of Front/Side Setback Depth. Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side setback shall be measured from such official line to the nearest line of the building. h. Minimum Setback from All Streets. A front yard shall be provided adjacent to all streets, including corner lots, double frontage lots and other lots with multiple street frontages, as required in Exhibit 35-51A. i. Establishment of Front Setback in Blocks with Varied Front Setback Depths. Where, on the effective date of this Ordinance, 40 percent or more of a frontage was occupied by two or more buildings, then the front setback shall be established in the following manner: j. k. 6. Rev. 11/18/2014 (1) Where the furthest building from the street provides a front setback not more than ten feet deeper than the building closest to the street, then the front setback for the frontage is and remains an average of the then existing front setbacks. (See Exhibit 35-51B-2.) (2) Where (1) is not the case and a lot is within 100 feet of a building on each side, then the front setback is a line drawn from the closest front corners of these adjacent buildings. (3) Where neither (1) nor (2) is the case, and the lot is within 100 feet of an existing building on one side only, then the front setback is the same as that of the existing adjacent building. (4) Garage entries which face a street shall be set back a minimum of 25 feet from the property line regardless of adjacent building setbacks. Establishment of Side Setback in Residential Districts in Blocks with Varied Side Setback Depths. If 40 percent or more of a frontage is occupied by two or more buildings, then the minimum width of a side setback shall be established in the following manner: (1) The minimum side setback width shall be and remains the average of the then existing side setbacks included in a frontage, provided, however, that existing side setbacks having a width greater than ten feet shall be deemed to have a width of ten feet for purposes of computing the average. Side setbacks for vacant lots shall not be included in computing the average. (2) If the computed average side setback is less than ten feet, and the existing side setback of the applicant's building is less than ten feet, an existing building may be enlarged provided that front and rear yard requirements are observed and the widths of the existing side setbacks of the applicant's building are not diminished. Setback of Gasoline Service Station Pumps. Gasoline station pumps and pump islands may occupy required yards provided that they are not less than 20 feet from all lot lines. Centrally supported canopies which extend above and cover filling station pump islands may occupy required yards provided they are not less than 15 feet from all lot lines. Lot Coverage. All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged shall not exceed the maximum building coverage regulations of the district in which they may be located. Lot coverage is measured as the 35 - 93 percentage of the total lot area covered by buildings and other impervious surfaces and is calculated by dividing the square footage of impervious cover by the square footage of the lot. 7. 8. C. Flag Lots. Flag lots shall be allowed in all Residential zoning districts in accordance with the standards of this Ordinance provided: a. the width of the pole of the flag lot is not less than 35 feet; b. the pole of the flag lot abuts a public street; and c. the driveway is paved in conformance with Section 35-58 of this Ordinance and a space is provided for vehicles to turn around and drive out forward when leaving the residence. Varied Setback and Lot Sizes For Attached Single Family Residential Lots. Where permitted by Section 35-28, attached single family dwellings that are attached to one other one-family dwelling by a common vertical wall with each dwelling located on a separate lot, shall be subject to the following: a. Minimum lot size: 3,000 square feet b. Minimum lot width: 30 feet c. Side setback: No side setback required for the attached side of the dwelling. Normal setback requirements for the applicable zoning district apply to all other sides of the lot. Heights of Buildings and Structures. 1. General. All buildings or structures hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged shall comply with the height regulations and exceptions of the district in which they may be located except as specifically provided in this Section. 2. Building Measurement. Exhibit 35-51B-2 depicts the measurement of building height. Building height is measured as the vertical distance between the top of the foundation wall and: Rev. 11/18/2014 a. the average level between the eaves and ridge line of a gable or hip roof; b. the highest point of a mansard or gambrel roof; c. the highest point of the coping or parapet of a flat roof; or d. two-thirds the height of an A-type roof or any roof with a pitch of 1:1 or steeper. 35 - 94 3. Rev. 11/18/2014 Exceptions. Zoning district height limits do not apply to: a. Belfries, cupolas, church spires, domes, monuments, airway beacons, fire towers, water towers, structures for essential services, monuments, stage towers or scenery lots, windmills, flagpoles, chimneys, or chimney flues, provided that no such structure shall be permitted to extend into approach zones, clear zones, or other restricted air space for the protection of any public airport. b. Subject to administrative review in the C and M Districts, elevator bulkheads, cooling towers, water tanks, specialized mechanical equipment, material handling equipment or other similar structures may extend 15 feet above the district’s maximum height limit, provided that the structure does not occupy more than 30 percent of the area of the roof c. Radio/telecommunications towers less than 70 feet in height. The height of other telecommunication facilities shall be in conformance with Section 35-41; and d. Amateur radio antenna of 70 feet or less provided that: (1) the antenna is erected to comply with accepted engineering standards, and (2) the maximum base width of the antenna shall be five feet and the antenna shall be no wider than three feet at a height of 30 feet nor wider than 18 inches at its top. The maximum length of the horizontal elements shall not exceed 50 feet. A height variance shall be required for an antenna which does not meet these provisions, if the antenna exceeds the maximum height limit of the district in which it is located. Amateur radio antenna in excess of 70 feet shall require a conditional use permit. e. Variances to maximum height limits may be granted by the Board of Adjustment after making certain findings in conformance with Section 35-73.B, provided however, the Board is not authorized to grant height variances in the C-3 or PUD Districts. f. Tower structures used, or to be used, solely for services provided pursuant to a broadcast radio or television license issued by the Federal Communications Commission. 35 - 95 g. Other Structures. Height of other structures shall be measured as the vertical distance between the average finished grade at the base of the structure and the structure’s highest point. Sec. 35-52. Single family and two-family residential lot design standards. A. Density and Dimensional Standards. Maximum height, as well as the minimum lot size, depth, width and building setbacks for single-family and two-family developments shall comply with the applicable zoning district standards and the standards established in Exhibit 35-51A. B. Principal Buildings/Lot. Only one principal building is permitted on a lot except when associated with an approved PUD Planned Unit Development District. Sec. 35-53. Multi-family residential design standards. A. General Density. Maximum height, as well as the minimum lot size, depth, width and building setbacks for multiple family developments shall comply with the applicable zoning district standards and the standards established in Exhibit 35-51A. B. Principal Buildings/Lot. Multi-family residential uses may have more than one building located on the lot provided that the minimum distance between multi-family buildings on the same lot shall be 15 feet plus an additional 5 feet for each story in the tallest building when the tallest building has two or more stories. C. Private Open Space. 1. For multi-family residential developments outside the C-2 General Commercial District, a minimum of 25 percent of the site shall be developed with usable open space throughout the site to provide for active recreational needs of residents. Usable open space excludes parking areas, required landscape areas, land within a designated floodway, and water bodies. Open space shall measure at least 25 feet across its narrowest dimension. Open space may be held in common by owners within the development, or may be privately owned for use by the residents of the development. Exhibit 35-51B-2. Building Height 2. Rev. 11/18/2014 The Director may waive up to 50 percent of the open space requirement if the development satisfies one of the following criteria. a. All units are located within 1,000 feet of a public park as measured along a public sidewalk, trail or bikeway; or b. The development abuts or includes, on-site, a portion of the City's trail system; or c. The development includes active recreation amenities for residents such as pools, tennis courts or playgrounds. 35 - 96 Sec. 35-54. Cluster subdivision and compact housing provisions. A. Purpose and Intent. Cluster Subdivisions and Compact Housing Developments may be authorized according to the provisions of this Section to preserve environmentally-sensitive areas, open space and agricultural lands. The intent of this Section is to authorize a developer to decrease lot sizes and leave the land “saved” by so doing as open space or conservation areas, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by the underlying zoning district. B. Applications. 1. Cluster Subdivision. (Where subdivision of land is involved; processed concurrently with major or minor subdivision). Applications for cluster subdivision shall be simultaneously processed as a (i) Special Exception Use Permit under the Zoning Code in conformance with Section 35-73.D, and (ii) according to the requirements for major or minor subdivision, as appropriate. All such submissions shall be labeled “Cluster Subdivision.” 2. Compact Housing Development. (Where subdivision of land is not involved). Applications for compact housing developments shall be processed as a Special Exception Use Permit in conformance with Section 35-73.D. All such submissions shall be labeled “Compact Housing Development.” C. Permitted Zoning Districts. A developer may create a cluster subdivision or compact housing development in a standard residential zoning district which includes lots that are smaller and arranged differently than those required by the underlying zoning district regulations if the application conforms to this Section. D. Housing Types. Housing types within a cluster subdivision or compact housing development shall be as authorized by the underlying zoning district, shown in Exhibit 35-28, Land Use Matrix; and subject to Exhibit 35-54A and the additional standards of this Section. E. Project Size and Density. There is no minimum or maximum acreage limitation for a cluster subdivision. The maximum allowable residential density shall not exceed the maximum density allowed in the underlying zoning district. Maximum allowable residential density shall be calculated by using Exhibit 3551A, Units/Acre. F. Lot Dimension and Setback Requirements. 1. There are no prescribed minimum lot dimensions. Lot widths and depths shall be sufficient to accommodate the use and minimum building setbacks required for the housing type. 2. Zero lot line development may transfer all or part of the side setback to one side; such that one side may be zero if the opposite side setback is 20 feet. No mechanical equipment, roof overhang, or object attached to or associated with the dwelling unit may overhang the lot line. 3. No side setback is required on the interior or “attached” side of an attached dwelling. 4. For buildings containing more than one dwelling unit, the front, side and rear yard setbacks listed in Exhibit 35-54A shall be measured from the perimeter of the building. 5. A minimum of 20 feet must be provided between multiple family buildings on the same parcel or lot. 6. The preliminary and final subdivision plats shall indicate all setback lines for all proposed buildings and upon all proposed lots, including designation of all “zero” lot lines. Rev. 11/18/2014 35 - 97 Exhibit 35-54A: Lot and Setback Standards for Cluster Subdivision Developments 1 Minimum Building Setback (Feet) Housing Type Front2 Side Rear Single Family Detached 20 10 20 Zero Lot Line Single Family Detached3 20 0/20 20 Single Family Attached4 20 0/10 20 Duplex 20 10 20 Multiple-family5 20 10 20 Townhouse 20 0/10 20 1 Notes: G. See the underlying zoning district regulations for maximum density allowed. 2 See Section 35-51.B.5 for garage setback requirements. 3 Reflects transfer of all of the required side setback to one side; 4 Reflects the “0" setback on “attached” side of an attached dwelling; 10' setback on the opposite side. 5 See Section 35-54.F for setbacks required between multiple family buildings on the same parcel. Required Open Space, How Calculated. The amount of open space or conservation area which must be set aside shall be determined as follows: 1. Cluster Subdivisions. The amount of open space or conservation area which must be set aside in cluster subdivisions shall be based on the difference between the total area contained within all cluster lots and the total area which would have been contained within an equivalent number of standard lots based on the minimum lot requirements of Exhibit 35-51A according to the zoning district in which the project is located. All lot reductions shall be compensated for by an equivalent amount of land in open space or common area to preserve and maintain in accordance with the provisions of this Section. 2. Compact Housing Development. All land within a compact housing development not covered by buildings, parking lots or streets shall be reserved as common land and open space. H. Open Space Standards. 1. Ownership and Maintenance of Open Space. a. b. Rev. 11/18/2014 The developer shall provide for the ownership and continued maintenance of all open space created under one or more of the methods stated below. City approval of the form of dedication or conveyance shall be required: (1) offer to dedicate land to the public; (2) convey open space to be held in common; or (3) where agricultural land is to be preserved, create an agricultural easement over that portion of the property to be protected. Open space which is to be held in common shall be owned and maintained by an organization established by the applicant and approved by the City. The applicant shall 35 - 98 submit covenants and restrictions regarding permanent maintenance of the open space, including provisions addressing: c. I. maintenance duties of the organization; (2) the manner in which lot owners will be assessed by the organization; (3) conditions of default; and (4) the manner of enforcement by the City. Open space which is to be dedicated for public use shall be located to provide access to or provide protection of adjacent public lands. 2. Open Space Allocation. Open space shall be provided for each phase of a development. If common open space will not be provided proportionally by phase, the applicant shall execute a reservation of common open space by grant of an easement or covenant in favor of the City, authorizing the City to dedicate all or a portion of such reserved area to common open space in the event that the development is not completed. 3. Open Space Design and Improvements. a. Open space areas shall be linked to existing and planned public open space and greenways wherever possible. b. Open space areas shall be arranged to maximize access and use by residents of the cluster development. c. Where open space improvements are provided, a safe, secure and barrier-free system of trails, paths, walkways and bikeways shall be designed. Walkways and bikeways may link with recreation areas, schools, commercial areas and public facilities. d. Improvements may include paved pedestrian paths located in public rights-of-way, pedestrian easements, paved bikeways, or other agreed-upon improvements. Project Landscaping and Compatibility Requirements. 1. Development Buffer. The perimeter of a cluster subdivision or compact housing development shall be buffered from adjacent residential property with a Type A Bufferyard. Project landscaping design shall be established in conjunction with the preliminary plat approval. 2. Design and Installation. a. J. (1) A project landscape, open space and screening plan shall be prepared and shall include the following information: (1) Location of all plant materials including a key that indicates type and size referenced to a landscape schedule. (2) Landscape schedule showing species, size, color, and quantity of landscape materials shown on plan. (3) General information about planting, erosion control, scheduling of installation and irrigation. (4) Location of berms or screening walls. b. The applicant will be required to establish a permanent ground cover in the landscape area to stabilize the soil to prevent erosion. c. Berms or screening walls where proposed or required shall be as approved by the City and completed prior to the issuance of any residential building permits within the project. Material colors for screening walls shall be limited to earthtone colors. The color shall be uniform for the entire length of the wall. d. All landscaping plants shall be maintained in sound, healthy, and vigorous living condition. Off-Street Parking. Rev. 11/18/2014 35 - 99 Off-street parking shall be provided in accordance with Section 35-58. K. Phasing. An applicant may propose that a cluster subdivision or compact housing development project be developed in phases, or the City may require the applicant to divide the project into phases in order to meet requirements and standards contained in these regulations. Each phase must be self sufficient, meeting the requirements, standards and conditions applicable to that portion of the project, including open space provisions. Each phase of the project shall be supported by adequate public facilities. Exhibit 35-54B: Conventional and Cluster Subdivision Compared Conventional Subdivision Cluster Subdivision Sec. 35-55. Visual clear zones (Sight Triangles). A. General. All intersections of public rights-of-way and driveway intersections with public rights-of-way shall have a visual clear zone (VCZ) that is free of any obstruction to vision of a motorist or pedestrian. The VCZ shall include an area within the public right-of-way and on private property as described below. The VCZ shall be kept clear of visual obstructions between three feet and ten feet above the curb line. Where there is no curb, the height shall be measured from the crown of the street. The VCZ shall be kept free of obstructions that include but are not limited to trees, shrubs, fences, walls and signs. See Exhibit Exhibit 35-53B shows a comparison of a conventional subdivision lot layout and a cluster subdivision with open space on the same acreage. 35-55A. The types of VCZ are addressed below. Exhibit 35-55A – Visual Clear Zone B. Visual Clear Zones. Rev. 11/18/2014 35 - 100 C. 1. At Street Intersections/Corner Lots. The VCZ shall be a triangular area formed by lines that follow the back of curb, or street pavement edges where there is no curb, and a line connecting them 35 feet from their point of intersection at the corner, including the straight-line extension of the hypotenuse to the center of the street right-of-way. 2. At Driveway Intersections With Public Streets. The VCZ at driveway intersections shall be a triangular area formed by lines that follow the back of curb, or pavement edges where there is no curb, and a line connecting them 35 feet from the driveway’s intersection with the public right-ofway, including the straight-line extension of the hypotenuse to the center of the street right-ofway. Exceptions. 1. On corner lots, other than those located in the C-3 and PUD districts, where either required front yard is less than 25 feet, structures may be erected in the sight triangle on private property with the approval of the Board of Adjustment. 2. In the C-3 Central Commercial District, the Director may waive the VCZ requirements if consistent with the development practices in the district. 3. In the PUD Districts, structures may be erected in the VCZ upon the approval of the Planning and Zoning Commission. 4. The Director may permit the placement of trees or pole signs in the VCZ on private property if the tree canopy or the sign face will not obstruct vision. Sec. 35-56. Sidewalks. In some cases, the City Code, specifically Chapter 32 -Streets and Sidewalks and Chapter 33 Subdivisions, requires the construction of sidewalks along existing or new streets. All proposed developments, whether Permitted, Conditional, Special Exception or those in PUD Planned Unit Development districts, shall comply with Chapter 32 -Streets and Sidewalks. (Ord. No. 14023, §4, 3-20-2006; Ord. 14277, §4, 11-19-2007) Sec. 35-57. Outdoor lighting standards. A. Purpose. The purpose of these regulations is to regulate the spillover of light and glare from outdoor lighted uses onto abutting property, rights-of-way, pedestrians and motor vehicles. B. Applicability. The following standards shall apply to all uses that operate during hours of darkness and to off-street parking areas but do not apply to public street lighting, or other lighting that is specifically exempted. C. Flickering and Flashing Lights. Flickering and flashing lights shall not be permitted. D. Lighting Plan Required. An exterior lighting plan shall be submitted for review prior to the installation or substantial modification of any exterior lighting, whenever a building permit is sought, or as part of a site plan or other development plan review process outlined in Section 35-70. E. Location of Light Sources. Light luminaries or light sources shall not be located upon easements or rightof-way and shall be shielded to prevent glare and light from illuminating areas not within the site. F. Maximum Illumination and Luminaire Height. Exhibits 35-57A, 35-57B and 35-57C show the maximum foot-candles of illumination allowed on the site and maximum Luminaire height. 1. Luminaires without cutoffs or light shields. When the light source or Luminaire has no cutoff or shield, the standards of Exhibit 35-57A shall apply: Rev. 11/18/2014 35 - 101 Exhibit 35-57A. Standards for Luminaires Without Cutoff Zoning District Maximum Foot Candles for Illumination of Area Maximum Height of Luminaire (in Feet) RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-O 0.20 10' C-O, C-1, C-3 0.20 15' C-2, M-1, M-2 0.30 20' 2. Luminaires with total cutoff angle of 90 degrees or more. When a Luminaire has a total cutoff angle or light shield angle of 90 degrees or more the standards of Exhibit 35-57B shall apply: Exhibit 35-57B. Luminaires with Total Cutoff Angle 90 Degrees or More Zoning District Maximum Foot Candles Maximum Height of for Illumination of Area Luminaire (in Feet) RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-O 0.50 20' C-O, C-1, C-3 0.75 25' C-2, M-1 1.00 30' M-2 1.50 35' 3. Luminaires with total cutoff angle of less than 90 degrees. When a Luminaire has total cutoff angle or light shield angle of less than 90 degrees and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five (5) feet above the ground at the point where the cutoff angle intersects the ground, the standards in Exhibit 35-57C shall apply: Exhibit 35-57C. Luminaires with Total Cutoff Angle of 90 Degrees or Less Zoning District Maximum Foot Candles Maximum Height (Feet) for Illumination of Area of Luminaire RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-O 0.50 20 C-O, C-1, C-3 2.00 30 C-2, M-1 3.00 40 M-2 4.50 50 G. Outdoor Lighting Standards for Specified Uses. 1. Outdoor Public Recreation Uses Within 500 feet of Residential Lots. Because of their unique requirements for nighttime visibility and their limited hours of operation, public recreation uses such as ball fields and similar sports fields, tennis courts, and swimming pools, shall be subject to the outdoor lighting standards of this sub-section. a. Luminaires shall be less than 80 feet high; b. Not more than two foot candles of light shall fall upon the abutting property. 2. Planned Districts. Outdoor lighting in Planned Districts shall comply with the standards of this Section. 3. Vehicle Display Lots. Outdoor display lighting used in conjunction with a vehicle sales or leasing use shall adhere to the following standards: Rev. 11/18/2014 35 - 102 4. H. I. a. Luminaires shall have a total cutoff angle of 90 degrees or less b. Luminaires shall have a maximum height of 40 feet. c. Maximum foot candles for illumination of the display lot area shall be 10 footcandles, however, maximum foot candles for areas within 50 feet of a residentially zoned district shall be four (4) foot candles. d. Luminaries shall be shielded to prevent glare and light from illuminating areas not within the site. Vehicle Canopy Lighting. Canopy lighting for uses such as gasoline stations, convenience stores with gasoline sales, and drive through banks shall adhere to the following standards: a. Luminaires shall have a total cutoff angle of 90 degrees or less b. Maximum foot candles for illumination of the area under the canopy shall be 10 footcandles. For canopies located within 50 feet of a residentially zoned district, maximum foot candles for illumination of the area under the canopy shall be four (4) footcandles. c. Luminaires shall be shielded to prevent glare and light from illuminating areas not within the site. Measurement of Lighting. 1. Equipment. A direct-read, portable light meter, with a color and cosine-corrected sensor consisting of multiple scales that reads within an accuracy of plus or minus five percent shall be required to measure foot candles of light projecting onto abutting property. 2. Measurement Method. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark when the light source in question is turned on, then when it is turned off. The difference between the two readings shall be compared to the maximum permitted illumination and property line at ground level. This procedure eliminates the effects of moonlight and other ambient light. Lighting Curfews 1. On all nonresidential properties which contain four (4) or more parking lots or display lot light poles, maximum outdoor lighting levels shall be reduced by at least 50% of the permitted level after the close of business, or after 11:00 p.m., whichever is later, by dimming parking lot lighting levels or by turning off 50% of the parking lot lights. (Ord. No. 14982, §3, 6-18-2012) Sec. 35-58. Off-street parking and loading. A. Purpose. The purpose of required parking spaces is to provide enough off-street parking to accommodate the majority of traffic generated by the range of uses permitted by the site development plan. The application of these standards will improve compatibility and the appearance of such facilities, provide relief from unshaded paved areas and reduce heat gain associated with parking areas. B. Off-Street Parking Requirements. This Section sets minimum standards for off-street parking requirements for land uses and developments including new construction and expansion of or changes to existing land uses A site plan shall be required for new construction, and changes to an existing parking lot, in conformance with Section 35-71. The parking lot site plan may be incorporated with the development plans for a building or project. The site plan shall include the details indicating compliance with the standards in this Section.. Rev. 11/18/2014 35 - 103 1. Rev. 11/18/2014 Land Uses for Which Parking Must Be Provided. Exhibit 35-58A shows the off-street parking requirements for various land uses and developments. 35 - 104 EXHIBIT 35-58A. OFF-STREET PARKING REQUIREMENTS sf square feet Use Categories 1. RESIDENTIAL A. Household Living GFA gross floor area Specific Uses 1. Residence Above First Floor 2. Bed and Breakfast not applicable Minimum Number of Vehicle Spaces 1 per residence + business parking 1 per guest room + 2 spaces for owner’s portion 3. Rooming/Board House 1 per rooming unit 4. Dormitories 1 per 200 sf GFA 5. Fraternities/Sororities 1 per 200 sf GFA 6. Single-Family and Duplex 7. Elderly Apartment Complex B. Group Living N/A 2 per dwelling unit 0.75 per dwelling unit 8. Multi-Family 2 per unit 9. All Other Household Living 1 per unit 1. Nursing Homes; Assisted Living Facility; In-Patient Substance Abuse Treatment Facility; Group Living Facilities; Res. Care Facility for Elderly 2. Outpatient Substance Abuse Treatment Facility 3. Other Group Living 2. INSTITUTIONAL AND CIVIC A. Schools 1. Elementary and Junior Highs 2. High Schools 1 per 2.5 beds 1 per 200 sf GFA 1 per 4 beds 2 per classroom plus 1 for each 5 seats of the largest place of public assembly (stadium, auditorium or gym) whichever requires the greatest number of parking spaces. 1 per 4 students plus 1 for each 5 seats of the largest place of public assembly (stadium, auditorium or gym) whichever requires the greatest number of parking spaces. 3. Schools of Private Instruction 1 per 200 sf GFA 4. College, Vocational / Technical Schools 1 per 200 sf GFA B. Community Services 1. Community Center 1 per 200 sf GFA C. Cultural 1. Museums, Art Galleries & Libraries D. Day Care 1. Day Care, Pre-School & Similar Uses E. Detention Facilities Rev. 11/18/2014 1. Jails, Honor Camps, Reformatories, Law Enforcement Rehabilitation Centers 35 - 105 1 per 1,000 sf GFA 1 per employee and staff member plus 1 for each 5 children 1 per employee on maximum shift, plus 1 per service vehicle sf square feet GFA Use Categories N/A not applicable 1. Hospital Minimum Number of Vehicle Spaces 2.5 per bed for in-patient care facilities plus 1 per each 250 sq. ft. of floor area for outpatient facilities 2. Clinic 1 per 200 sf Specific Uses F. Hospital/Clinic G. Laboratories & Research gross floor area 1. Laboratories and research facilities 1 per 300 sf H. Parks and Open Areas 1. Golf Course 6 spaces per hole 2. All Other 20 spaces per athletic field or ball diamond or 1 per 4 seats whichever results in more spaces I. Private Clubs, Lodges 1. Private clubs, country clubs, lodges 1 per 4 persons based on maximum occupancy J. Radio/Television 1. Broadcast Stations K. Religious Assembly 1. Churches, Synagogues, Temple, etc. L. Safety Services 3. COMMERCIAL A. Recreation and Entertainment 1. Police, Fire, Emergency Response 2. Amusement Center, Park 1 per 5,000 sf of gross land area or 1 for each 4 persons based on maximum occupancy 5. Health Club/Fitness Center 6. Marina/Yacht Club 7. Miniature Golf 8. R V Park or Campground 4 per lane 1 per 3 persons based on maximum occupancy 1 per 200 sf 1 per 3 boat slips 2 per hole 1 per camping space plus 4 for office 1. Community Activity Building 1 per 500 sf GFA 2. All Other Community Service and Philanthropic 1 per 500 sf GFA 1. General and Governmental Offices, in all Districts except C-3 1 per 300 sf GFA 2. General and Governmental Offices in the C-3 District 1 per 500 sf 3. Medical, Dental, Counseling Rev. 11/18/2014 1 per 200 sf 1 per 4 persons based on maximum occupancy or 1 per 50 sf if seats are not permanent 4. Clubs/Lodges, Casino, Guest Ranch, Resort Cabins and Lodges C. Office 1 per 4 persons based on maximum occupancy in auditorium 1. Assembly/Auditorium/Theater 3. Bowling Alley B. Community Service 1 per 300 sf GFA 35 - 106 GFA 1 per 200 sf GFA sf GFA square feet Use Categories gross floor area Specific Uses D. Parking, Commercial 1. N/A E. Recreation and Entertainment, Outdoor 1. Driving Range 2. Batting Cage, Waterslide, Swim Pool 3. Miniature Golf 4. All Other Outdoor Recreation F. Drive-In, Drive-Thru Uses 1. Automated Teller Machines 2 per cage; other - per site plan review based on maximum occupancy 2 per hole Per site plan review based on maximum occupancy 4 per ATM Lane 3 per window 1 parking space per employee on maximum shift 5. Restaurant, Fast-Food with DriveThru Facilities 1 per 100 sf gross floor area including outdoor seating area 1. Funeral Home, Mortuary, Crematorium 1 per 4 seats + 1 per employee 2. Restaurants, no drive through 1 per 100 sf gross floor area including outdoor seating area 3. Shopping Centers 1 per 250 sf 4. General Retail 1 per 250 sf 5. Furniture Stores and Other Low Volume Retail 1 per 500 sf 1 per 100 sf gross floor area including outdoor seating area 1 per 300 sf 1. Mini-Warehouse I. Vehicle Service, Limited 1. Auto service, repair, body shop 1 per 8 storage units 2 per service bay + 1 per employee 2. Car Wash, Self-Service 2 per stall 3. Car Wash, Full-Service 6 per stall 4. Gasoline station 5. Oil, Lube, Muffler 1.5 per fuel nozzle plus 1 per 200 square feet of store 4 per service bay + 1 per employee 6. Tire, Batteries, Accessory Retailers 1 per 300 sf GFA 1. Vehicle Sales, New & Used, including Recreational Vehicles/Boats spaces equal to 10 percent of vehicle display area 2. Large truck, equipment sales, boat sales Rev. 11/18/2014 1 per tee 3. Drive-Thru Liquor 7. Bank J. Vehicle Retail Minimum Number of Vehicle Spaces N/A 4 per window 6. Bar or Tavern H. Self-Service Storage not applicable 2. Drive-Thru Cleaners 4. Restaurant, Drive-In, no indoor Seating G. Retail Sales and Services N/A 35 - 107 1 per 1,000 sf sf GFA square feet Use Categories gross floor area Specific Uses 1. Hotel or Motel K. Lodging N/A not applicable Minimum Number of Vehicle Spaces 1 per room plus 75% of the required parking for attached uses 4. INDUSTRIAL A. Industrial Service and 1. Indoor and outdoor operations Manufacturing / Production 2. Bottling works, creamery, lumberyard 1.1 per employee 2 per 3 employee + 1 per service vehicle B. Warehouse and Freight 1. Warehouse, freight movement Movement facilities 1 per 5,000 sf; 5 spaces minimum C. Waste-Related Use 1. Landfill/solid waste facility 1.1 per employee D. Wholesale Sales 1. Warehousing, equipment servicing & manufacturing area 1.1 per employee (Ord. No. 14982, §4, 6-18-2012) a. Rev. 11/18/2014 Uses Not Identified. The Director shall determine the parking requirement for uses which do not correspond to the categories listed in Exhibit 35-58A. In such instances, the applicant shall provide adequate information by which the proposal can be reviewed, which includes but may not necessarily be limited to the following: (1) type of uses; (2) number of employees; (3) building design capacity; (4) square feet of sales area, service area, etc.; (5) parking spaces proposed on-site; (6) parking spaces provided elsewhere; and (7) hours of operation. b. Minimum Number of Spaces Required. The minimum number of parking spaces required for vehicle parking shall be as indicated in Exhibit 35-58A, however, if the adopted fire code has a more restrictive requirement based on the fire code occupancy rating, the number of parking spaces shall be in conformance with the adopted fire code/occupancy requirements. c. Computation. Parking spaces computed for the primary use of the site shall take precedence over the computation of parking spaces based on floor area. d. Multiple Uses Within the Building. When more than one type of use that has a parking requirement is located within the building and at least 20 percent of the gross floor area is devoted to that use, the parking needs for that use shall be calculated separately from the other uses. For example, a 20,000 square foot building with 5,000 square feet of office space and 15,000 square feet of warehouse space would require 17 parking spaces for the office and 15 parking spaces for the warehouse space for a total of 32 parking spaces. e. Shared Parking Facilities. Off-street parking requirements of a given use may be met with off-site or off-street parking facilities of another use when and if, all of the following conditions are met: 35 - 108 f. 2. (1) The location shall comply with the provisions of Section 35-58.B.4 (2) The parking demands of the individual uses, as determined by the Director based upon parking demand information supplied by the applicant or other sources, are such that the total parking demand of all the uses at any one time is less than the total parking stalls required; and (3) A written agreement between the owners and lessees is executed for a minimum of five years, approved by the Director, recorded, and a copy maintained in the project file. Should the lease expire or otherwise terminate, the use for which the off-site parking was provided shall be considered a violation. Any and all approvals, including Special Exception Use or Conditional Use Permits, shall be subject to revocation. Continuation or expansion of the use shall be prohibited unless the use is brought into compliance with the parking regulations of this Ordinance. Temporary Use of Unpaved Parking Facilities. The use of an unpaved off-street parking lot may be authorized for a maximum of six months, provided the location, construction and design of same shall be first approved by the Director. Exceptions to Required Number of Spaces. a. Reduced Parking for Uses Near Municipal Parking Lots. Where there is a municipal parking lot within 500 feet, the parking spaces required for non-residential uses and mixed uses may be reduced by 10 percent of the total spaces in the municipal lot or lots. Where 10 percent of the municipal spaces are equal to or exceed the spaces required for the use, the parking requirements are satisfied. b. Reduced Parking for Uses with Adjacent On-Street Parking. (1) (2) c. Rev. 11/18/2014 Where on-street parking exists on a street adjacent to a new or expanded use located within the Old Town District, as defined in Chapter 25, the required number of off street parking spaces for the new or expanded use may be reduced by one space for each 25 feet of frontage on the street, with a maximum reduction for a single parcel as follows: (a) For single family and multi-family residential uses: one space per unit up to a maximum reduction for a single parcel of 5 spaces. (b) For non-residential uses: a maximum reduction of 5 spaces for a single parcel. Where the 5 space reduction is equal to or exceeds the spaces required for the use, the parking requirements are satisfied. Reduction of required parking granted by this subsection shall not grant exclusive use or ownership of adjacent on-street parking spaces nor shall prevent the City from eliminating or otherwise modifying on-street parking. Reduced On-Site Parking with Parking Management Plan. The Director may reduce the number of required parking spaces up to 25 percent when the applicant provides a parking management plan. The parking management plan shall include transportation alternatives such as shared-ride programs, carpooling and vanpooling programs, transit and commuter use, shared parking and other off-site parking that reduce the need for parking spaces. Prior to the issuance of a Certificate of Occupancy, or approval of a business license, the applicant shall provide evidence that such parking management plans exist. The evidence must include copies of any contracts, lease agreements, purchase agreements and other documentation showing that such transportation alternatives have occurred or are about to occur. The evidence shall report the number of participants involved, the percentage of the maximum work force participating in the parking management plan, the number and types of vehicles used and the percentage of parking spaces normally used by the employees. The applicant shall record a covenant, the content and form of which shall be approved by the Director, which binds all successors in title to the commitments approved and the applicant shall include a clause 35 - 109 in all leases which binds all tenants to this commitment made by the applicant. No change in the approved plans shall take place without a review by the Director. Approval of the parking management plan does not relieve the applicant of an ongoing requirement to provide off-street parking spaces if demand increases. d. Variance in Parking Requirements. The Director shall have the authority to vary the parking requirement, by up to 20 percent of the required parking, if one or more of the following circumstances exists: (1) Expected automobile ownership or use patterns of employees, tenants, or other users varies from what is typical in the community or typical for the use. (2) The parking demand varies throughout the day in relation to parking supply. (3) The nature of operational aspects of the use warrants unique parking arrangements. (4) Actual parking practice in the community demonstrates that the parking standard may be too high. (Ord. No. 15344, §1, 11-17-2014) 3. Parking in C-3 Central Commercial District, Large Office Buildings. Structured parking rather than surface parking shall be required for office buildings or other uses in the C-3 district that exceed 75,000 square feet for office use. 4. Location. Rev. 11/18/2014 a. The parking area shall be provided on the same parcel as the principal use or structure wherever practicable. b. Off-site parking for non-residential uses shall be located within 450 feet of the site, on land which is zoned for parking lot use as shown in Exhibit 35-28. c. Parking for multi-family dwellings shall be located on the same lot as the main building, or within 100 feet thereof, on land which is zoned for parking lot use as shown in Exhibit 35-28. d. Parking for single-family and two-family dwellings shall be located on the same lot with the building, e. All off-street parking spaces shall be located off the City right-of-way and parked vehicles shall not overhang onto the City right-of-way or abutting property. 35 - 110 5. Rev. 11/18/2014 Parking Lot Landscaping. The minimum landscaping requirements of this Section are intended to improve air quality, to reduce heat and glare, and add to the aesthetic quality of our living environment. Trees appreciably reduce the dangerous carbon dioxide content of the air, are proven producers of oxygen, and play a vital role, through transpiration and otherwise, in purifying the air we breathe. Trees are valuable physical and aesthetic community assets in that they provide cooling shade, reduce noise levels and glare, and break the monotony of large parking areas and other human developments. A variety of species of trees is encouraged to reduce the impact of potential disease or insect infestations, and to provide variety in shape, texture and seasonal color. a. Relationship to other required landscaping, screening and buffering. Bufferyard and perimeter landscaping may also be required, in accordance with Section 35-59 or other applicable sections of this Ordinance. Parking lot landscaping shall not be counted toward the satisfaction of bufferyard or screening required by Section 35-59 and other applicable sections of this Ordinance. Where specific parking lot landscaping provisions exist, such as applicable to Big Box/Superstore developments in Section 35-41, those provisions shall prevail. b. General Requirements. Landscape plantings shall be installed on any parking lots containing more than ten (10) spaces. Such plantings may, with a permit issued by the City Forester, be in public right-of-way adjacent to the parking lot. Such plantings shall consist of the number of standard canopy trees from the Approved Planting List needed to shade at least thirty-five percent (35%) of the parking lot when the trees are mature (see definition in Article IX and Approved Tree Lists in Appendix A). The amount of shade provided by a mature tree shall be the area contained within the perimeter of the tree's leaf canopy projected vertically to the ground. The canopy diameter of a mature specie of tree shall be based on the Manual of Woody Landscape Plants, Michael A. Dirr, 4th Edition, published by Stipes Publishing Company, Champaign, Illinois, 1990, or latest edition. The required trees shall not be concentrated in a few areas but shall be distributed throughout the entire lot. c. Protection from Vehicular Encroachment. All landscaped areas shall be protected from vehicular encroachment by curbing or anchored wheel stops. Planting islands shall be at least four feet wide and 100 square feet to protect trees and vegetation from bumper overhang and swinging doors. Plantings shall be located to minimize damage caused by door or bumper overhang. d. Areas Between Trees. Land between trees shall be covered with shrubs, grass or other living groundcover, or non-living groundcover. e. Large Parking Lots Containing 150 Spaces or More. (1) Maximum Lot Size. No parking area shall contain more than one-hundred and fifty (150) spaces. If a greater number is required, separate parking spaces of not more than one-hundred and fifty (150) spaces shall be provided and shall be separated by a landscaped area at least ten (10) feet in width. The use of berms and evergreen trees in the landscaped strip is encouraged but not mandated. Up to ten percent of the length of the strip may be opened to permit pedestrian and vehicular access between parking areas. (2) The amount of shade provided by mature parking lot trees in large parking lots may be reduced to twenty-five percent (25%) in cases where the landscape plan makes effective use of berms, landscaped strips or landscaped areas within the interior of the parking lot. (3) A minimum of three different species of trees is required in large parking lots to reduce the impact of potential disease or insect infestations, and to provide variety in shape, texture and color. 35 - 111 Rev. 11/18/2014 f. Plan Required. Trees shall be installed in accordance with the plan approved by the appropriate approval authority and in accordance with the standards of this Section. A plan shall not be approved unless it is directed toward the attainment of the purposes stated in subsections 5 and 5a above. The plan shall include a set of standard notes which indicates the planting detail and type of trees to be planted, including the Latin species and variety, cultivar and common name. g. Planting Detail. Trees shall be planted in accordance with the Standard Tree Planting Detail in Appendix B-1 or B-2 as site conditions dictate. h. Variance Provision. If the property owner can prove that for reasons of rock or other unusual characteristics, such planting is not possible, this requirement may be varied by the Board of Adjustment. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. i. Maintenance of Plantings; and Enforcement. (1) Trees and shrubs shall be maintained in good condition and replaced where necessary to ensure the continuation of the planting or landscape plan as approved. Failure to maintain required trees in good condition and replace them when necessary shall be pursued as a violation of this Ordinance. The Director shall have the power to prohibit parking until maintenance or replacement is completed provided that at least forty-five (45) days has elapsed since the notice of violation was sent. (2) The landscape plantings shall be considered as an element of a project in the same manner as paved parking, building construction and materials, storm water drainage, and other elements. A building permit shall not be issued prior to the approval of the planting plan, except a building permit for only the footings and foundations of a structure may be issued prior to the approval of the planting plan, provided however, no parking lot paving shall be accomplished under said footing and foundation permit and, further provided, all plantings called for in the approved planting approval planting plan shall be installed prior to the issuance of a final certificate of occupancy. If, at the time of the request for the certificate the plantings cannot be installed or would be jeopardized by weather, an instrument signed by the owner specifying the materials will be installed in the next planting season may be accepted to allow the issuance of a temporary certificate of occupancy. 35 - 112 6. Minimum Improvements and Maintenance Standards. Parking areas, automobile and truck sales lots, parking garages and driveways serving these areas shall conform with the following improvements and maintenance standards: a. Paving Requirement and Classification. (1) Exhibit 35-58B shows the paving classification and the type and thickness of paving material by general land use. (2) Those parts of parking areas which may be subject to frequent heavy truck traffic area required to meet the standards for the heavy classification. Heavy truck traffic areas may include, but are not necessarily limited to, trash disposal areas, loading and unloading areas, and drives leading to such areas. (3) A final decision on the need for Light, Medium or Heavy classification will be made by the Director at the time an application for a building permit is filed. Exhibit 35-58B. Paving Requirements and Classification Land Use Classification Single-Family and Light Paving Material Thickness (not less than) Concrete 4" Bituminous 2" over a 4" compacted crushed stone base Paver blocks 2" paver block over a 4" compacted crushed stone base Concrete 4" Bituminous 2" over a 4" compacted crushed stone base Multiple Family Residential with 5 or Medium more units; and Non-Residential except for Industrial Uses and/or Areas to Receive Heavy Truck Traffic Concrete 5" Bituminous 3" over a 4"compacted crushed stone base Industrial Uses and/ or Areas to Receive Heavy Truck Traffic Concrete 6" Bituminous 5" over a 4" compacted crushed stone base Two-Family Residential Three-and Four- Family Residential Rev. 11/18/2014 Light Heavy 35 - 113 b. Driveway Standards. (1) All entrances and exits to parking lot areas shall be located to minimize traffic congestion on the public street system, in accordance with standards adopted by the Department of Planning and Protective Services. (2) Private driveway approaches, when located on public right-of-way shall be designed and constructed in accordance with the standards adopted by the Department of Planning and Protective Services. (3) The full width and length of all driveways shall be paved, except that the Director may authorize a reduction in the width or length of the paved driveway as provided below: Where a single family residential structure is located more than 50 feet from the right-of-way line; provided the paved portion of the driveway extends from the driveway intersection with the street to the setback line, or a minimum of 25 feet from the right-of-way line, which ever is greater. (b) Driveways serving overflow or seasonal parking lots or low traffic storage yards shall be paved from their intersection with the public street a minimum length of 25 feet beyond the right-of-way line. (c) An existing driveway with less than the required width which serves an existing residential structure containing one or two dwelling units may nevertheless be paved. Where existing curb cuts or driveways are less than 12 feet they may be paved or rebuilt without increasing the width with approval from the Director. (4) Driveways serving parking lots for multiple family units and non-residential uses shall be designed for either one-way or two-way traffic. Direction of traffic shall be indicated upon the site plan. (5) Driveways and their driving lanes shall be subject to the additional standards of Exhibit 35-58C. (6) No part of a private drive approach or radius shall encroach upon the adjacent property. (7) Abutting and common driveways. (8) Rev. 11/18/2014 (a) (a) One- and two-family residential lots may abut their respective driveways, provided that each maintains the minimum width required, as measured from the property line in common to the edge of each respective driveway. (b) Multiple family residential and commercial properties may abut driveways or may provide common driveways, upon approval by the Director. Adequate access and circulation must be ensured for each affected property, evidenced by access agreements and easements, to be submitted and approved with the site plan and recorded in the office of the Cole County Recorder of Deeds upon approval of the site plan. No land located in a residential district shall be used for a driveway or parking area for any commercial or industrial use unless otherwise permitted. 35 - 114 Exhibit 35-58C. Driveway Standards. Minimum Private Driveway Setback from Property Line Land Use Minimum Width of Driveway Maximum Width of Driveway Minimum Width of Driving Lane2 One-Family and Two- Family Residential 2 feet 12 feet 24 feet n/a Multi-Family Residential 2 feet 12 feet1 24 feet2 10 feet Commercial and Non-Residential 5 feet 24 feet2 40 feet 12 feet Notes: 7. 8. Rev. 11/18/2014 1 One-way traffic. 2 Where two-way traffic is designated. c. Stormwater Plan. The parking lot drainage and stormwater plan shall be approved by the Director. d. Parking Space and Driveway Directional Marking. The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surfacing. e. Lighting Required. Parking lots with more than ten parking spaces that are used during hours of darkness shall be lighted in conformance with Section 35-57. f. Parking Lot Signage. A sign shall be installed showing the ownership of the parking lot or parking garage and the permitted use thereof. If the lot or garage is so operated that a charge is made for the use of the parking facilities, the rates for parking shall be shown legibly upon the sign. Overflow or Seasonal Parking Lots and Low Traffic Storage Yards. a. Overflow or Seasonal Parking Lots. Overflow parking, defined as parking in addition to the minimum required by ordinance and which is designed to be used more than ten times per year, may be surfaced with chip and seal or may be gravel surfaced. A dust palliative shall be used to prevent fugitive dust. b. Low Traffic Storage Yards. A low-traffic storage yard may be surfaced with chip and seal or may be gravel surfaced. A dust palliative shall be used to prevent fugitive dust. For purposes of this subsection 7.b., a “low traffic storage yard” shall mean and refer to "a storage area generating less than 30 ADT (average daily trips)". c. Maintenance. All surfaces shall be maintained in good condition free of weeds, dust, trash and debris. All vehicular traffic areas shall meet or exceed adopted City construction standards. Parking Stall and Aisle Design. a. Parking stalls and aisles shall be arranged to accommodate safe circulation of vehicles and pedestrians. b. Compact Car Parking. Not more than 20 percent of the parking spaces required for a land use or development shall be allocated to compact car parking. Compact car parking spaces shall be identified upon the site plan and clearly signed in the parking lot. c. Parking stall and aisle dimensions shall comply with Exhibits 35-58D-F. 35 - 115 9. Off-Street Parking for Persons with Disabilities. Off-street parking facilities shall be designed and constructed in accordance with all requirements of the Americans with Disabilities Act (ADA)and the Uniform Federal Accessibility Standards. Exhibit 35-58D 45° Angle Parking Design Exhibit 35-58E Minimum Dimensions Standard Compact A Stall Width 9.0' 7.5' B Stall Depth 19.0' 16.0' C Aisle Width 1-way (shown) 2-way 12.0' 24.0' 12.0' 24.0' D Car Curb Length 12.5' 10.5' E Lot Width (B+B+C=D) 1-way (shown) 2-way 50.0' 62.0' 44.0' 56.0' Minimum Dimensions 60° Angle Parking Design Standard Compact A Stall Width 9.0' 7.5' B Stall Depth 20.0' 16.5' 1-way (shown) 18.0' 15.0' 2-way 24.0' 24.0' D Car Curb Length 10.5' 8.5' E Lot Width (B+B+C=D) 1-way (shown) 58.0' 48.0' 64.0' 57.0' C Aisle Width 2-way Rev. 11/18/2014 35 - 116 Exhibit 35-58F C. 90° Angle Parking Design Minimum Dimensions Standard Compact A Stall Width 9.0' 7.5' B Stall Depth 19.0' 15.0' C Aisle Width 1-way 2-way (shown) 24.0' 24.0' 22.0' 24.0' D Lot Width (B+B+C=D) 62.0' 1-way 62.0' 2-way (shown) 52.0' 54.0' 10. Parking Lot Attendant Shelter. A shelter for the use of a parking lot attendant may be maintained on the lot provided the location, construction and design of same shall be first approved by the Director. 11. Parking Lot/Garage Maintenance. The parking lot or garage shall be maintained free of dust, paper and other loose particles. All adjacent sidewalks shall be kept free from dirt in a safe condition for use by pedestrians. All signs, markers, or any other method used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Likewise, any walls, trees and shrubbery, as well as surfacing of the parking lot or garage, shall be maintained in good condition throughout its use for parking purposes and the Director shall prohibit the use of the area for parking purposes unless and until proper maintenance, repair or rehabilitation is completed. 12. Violation of Standards. The Director shall prohibit parking in areas where the paving and landscape improvements do not meet the minimum improvement requirements which were in effect at the time the improvements were installed. Before prohibiting parking on any area, the Director shall notify the owner, in writing, of the work that shall be required to bring the area into compliance with the minimum improvement standards for off-street parking. Such improvements shall be completed within six months of such notification in conformance with Article VIII. Off-Street Loading. 1. General. Site plans for proposed business, commercial or industrial uses shall show provisions for loading/unloading areas on the premises. These areas shall be reviewed for their impact on the site, the adjacent streets and the adjacent land uses. 2. Number and Size of Loading Spaces. Loading spaces, a minimum size of 14 feet wide by 50 feet long with a minimum vertical clearance of 18 feet, shall be provided for new buildings and uses and expansions or modifications of existing uses as shown in Exhibit 35-58G. Rev. 11/18/2014 35 - 117 3. Standards for C-3 Central Commercial District. The Director shall have the authority to reduce the off-street loading requirements for a land use in the C-3 Central Commercial District by one space if acceptable alternatives exist which are consistent with current practice in the area. Exhibit 35-58G. Minimum Number of Loading Spaces Required for Specified Land Uses Floor Area (in square feet) Minimum Number of Loading Spaces Hospital, Hotel, Institutional, Nursing Home or Office 5,000 to 50,000 1 50,000 to 200,000 2 For each additional 75,000 square feet 1 Retail or Service Establishment, Wholesale Commercial Use 2,000 to 20,000 1 20,000 to 100,000 2 For each additional 100,000 square feet 1 Industrial and Manufacturing Use 1,000 to 10,000 1 For each additional 8,000 square feet 1 Sec. 35-59. Screening and bufferyard standards. A. B. Purpose and Intent. The intent of this Section is to establish standards to protect and enhance community appearance with the installation of appropriate landscaping and screening materials within the City; to maintain and increase the value of land by incorporating a minimum amount of landscaping into development; to encourage prudent and skilled workmanship for the installation and maintenance of all plant materials; and to establish procedures and standards for the administration and enforcement of this Ordinance. Developments shall comply with the requirements of all applicable sections. Parking lot landscaping required by Section 35-58.B.5 shall not be counted toward the satisfaction of other landscaping and buffering required by this Ordinance. Landscape Plans. Landscape plans for parking lot landscaping, screening and bufferyards shall accompany the site plan. Required landscape areas shall be designated as such on site development plans. Landscaping shall be installed as shown on the approved site plan. All changes shall be approved by the Director, unless otherwise specified in this Ordinance. The landscape plans shall be 35 - 118 Rev. 11/18/2014 drawn to the same scale as the site plan, and shall indicate the plant locations and schedule of the type, size, number and species of the plant material and the time for planting. C. General Landscape Standards. All landscaping required by this Ordinance shall comply with the following minimum standards. 1. Plant Types. a. Trees and shrubs shall be hardy and of a species common to or adapted to midMissouri, shall be matched to the site, and shall not be of nuisance type species. Trees that release fruit, nuts, large seed pods or similar materials are discouraged from being used where they abut the right-of-way and in parking lots. The applicant shall ensure that a mix of species, color, texture, and form are used. b. Required landscaping shall be selected from the Approved Planting List, included as Appendix A. Updates to the Approved Planting List shall be adopted by the Planning and Zoning Commission, and shall be reviewed from time-to-time by the City Forester to ensure the continued viability of listed plants. Manual of Woody Landscape Plants, Michael A. Dirr, 4th Edition, published by Stipes Publishing Company, Champaign, Illinois, 1990, or the latest edition, shall be referred to for size and characteristics of trees and shrubs. c. Alternative varieties of trees and shrubs may be approved by the Director, subject to review of plant characteristics to ensure that the general landscape standards are met. 2. Use of Existing Landscaping. Existing landscaping may be used to meet the requirements of this Ordinance provided it meets the purpose and intent of this Ordinance and is included on the approved landscape plan. Such landscaping shall be protected during all phases of site development. 3. Minimum Plant Size at Time of Planting. The following minimum requirements shall apply to parking l9ot landscaping and plantings within required bufferyards: 4. Rev. 11/18/2014 a. Canopy trees: Canopy trees shall be deciduous, two inch caliper, measured six inches above the ground. b. Conifer/evergreen trees: Five feet tall c. Hedges/live barrier features: Shall be evergreen, one gallon container. d. Understory plantings and deciduous shrubs: One gallon container e. Groundcover: Living or non-living groundcover shall be spaced or applied according to nurseryman’s specifications. f. Turf grass: Seed, sod or plug, spaced or applied according to nurseryman’s specifications. Installation. Plants shall be installed in accordance Standard Tree Planting Detail or Standard Tree Planting Detail for Compacted Soils, promulgated by the Urban and Community Forestry Division of the Missouri Department of Conservation, included as Appendix B. All plant materials shall be installed prior to issuance of Certificate of Occupancy. A Temporary Certificate of Occupancy (TCO) may be issued prior to installation of plant materials provided that a written assurance and a financial guarantee is furnished to the Director to insure the installation of required materials within 6 months of the issuance of the TCO. The financial guarantee shall be equal to two times the cost of the materials, estimated by the applicant’s landscape architect, architect, land planner or nurseryman, and may be in the form a letter of credit, bond or cash. 35 - 119 D. 5. Maintenance of Landscape Areas and Plants. Areas not covered by vegetation shall be covered with gravel, cobble, rocks, mulch, wood chips, barks chips or similar natural materials three inches in depth to prevent weed growth, erosion and blowing dust. All plants shall be maintained in a healthy condition in accordance with generally accepted professional horticultural and arboricultural standards and practices such as recommended in ANSI Standard A-300. Plants which die or are unhealthy shall be replaced in accordance with the approved landscape plan. Regular pruning and trimming shall be applied to maintain health and to permit the plants to achieve their intended form and height. 6. Use of the Public Right-of-Way. a. Unless specifically permitted, no portion of the public right-of-way shall be used to meet the landscape requirements of this Ordinance. b. The Department of Parks and Recreation Forestry Division shall approve any and all trees authorized for planting on public right-of-way. c. Irrigation systems on public right-of-way shall be approved by the Director prior to installation. 7. Use of Utility Easements. No utility easement may be used for required landscaping or bufferyard barrier feature unless approved in writing by the appropriate official of each affected utility. Evidence of such approval shall be (1) indicated by signature block upon the Landscape Plan or (2) by letter submitted with the Landscape Plan. Where specifically permitted to be used for the required landscaping, the plantings on utility easements shall be limited to small canopy trees, shrubs and hedges, ground covers and turf grass. Each medium or large canopy tree required by this Section may be replaced by two small canopy trees if required by the utility company official. 8. Visual Clear Zones. Landscaping and buffering height shall comply with the provisions of Section 35-55 Visual Clear Zones. 9. Parking or Storage Within Landscaped Areas Prohibited. No parking, storage, or outdoor display shall occur within a required bufferyard area. 10. Multiple Landscaped Areas or Buffers. Where multiple landscape areas or buffers are required in the same general location (e.g. parking lot perimeter landscaping and zoning district boundary buffering), the more stringent bufferyard and screening standard shall prevail. Bufferyard and Screening Standards. 1. Purpose. The purpose of the bufferyard and screening standards is to provide visual separation of intensive uses from less intensive uses; to preserve and enhance property values by ensuring that yards, open spaces, and parking lots are constructed and maintained with plants and landscape materials; and to provide flexibility in the provision of required landscape materials and designs. It is the intent of this Section to require all new development and redevelopment to install bufferyards based on the zoning and use of the adjacent property as required by Exhibit 35-59A. 2. Applicability. Bufferyards shall be provided wherever specifically required within the text of this Ordinance or by Exhibit 35-59A. a. Rev. 11/18/2014 Bufferyards with specific planting criteria may be required by the Approving Body during the course of review of a Conditional Use Permit or Special Exception Permit if it is found that a specific type of bufferyard or screening is required for the proposed use or for the protection of adjacent properties. 35 - 120 b. New single family residential development in any zoning district is not required to install bufferyards, unless specifically required by the provisions of Section 35-27 Planned Unit Development or Section 35-54, Cluster Subdivision and Compact Housing Provisions. 3. Buffering Requirements for Parking Lots. Parking lots with 50 or more spaces shall provide a Type B Bufferyard along all street frontages and along all property lines which abut residential uses located in RS-1, RS-2, RS-3, RS-4, RD, PUD and N-O zoning districts. A bufferyard between parking lots and buildings located on the same lot or within a complex is not required 4. Bufferyard Orientation. Unless specified otherwise at the time of development approval, to ensure proper maintenance of the plant materials the buffer area space and vegetation shall be provided on the inside of any barrier feature (i.e. on the side of the property required to provide the buffer regardless of which property the barrier is located). 5. Bufferyard Location. Bufferyards may be located adjacent to or within required yards, subject to the restrictions of Section 35-55, Visual Clear Zone and Section 35-59.C.7 Use of Utility Easements. 6. Bufferyard Types, Options. The types of bufferyards and their features are described below and in Exhibit 35-59B, Bufferyard Types and Options. The minimum bufferyard required to be installed is indicated by Option 1 under each bufferyard type. The remaining Options present bufferyards which may be established at the owner’s discretion based on the available space. In each Option, mature tree sizes were matched to the bufferyard width. A combination of plantings matched to the available space shall be selected. Areas between trees and shrubs shall be planted with groundcover, turf grasses or mulched to prevent erosion and weeds. Exhibit 35-59C generally illustrates bufferyard types and features. In the event of a conflict between Exhibit 35-59B and Exhibit 35-59C, Exhibit 35-59B shall control. a. Type A Bufferyard: The Type A Bufferyard is intended to provide landscape beautification and screening between developments. No barrier feature is required. b. Type B Bufferyard: The Type B Bufferyard is intended to provide buffering and screening to shield neighboring properties from adverse effects of adjacent parking lots and moderately incompatible land uses. A barrier feature providing solid screening from the ground to a minimum height of three feet is required. c. Type C Bufferyard: The Type C buffer is intended to separate highly incompatible uses using a combination of space, dense vegetation or barriers. A barrier feature providing solid screening from the ground to a minimum height of six feet is required. d. Redevelopment Situations. In redevelopment situations, where pre-existing structures preclude the installation of a bufferyard in the width required, the Director may approve the following: e. Rev. 11/18/2014 (1) The bufferyard may be reduced by up to 50 percent of the minimum required width for the situation, however, the remaining features shall not be reduced and the intent of the bufferyard type shall be preserved. (2) In extreme situations which cannot meet the standards of paragraph d(1) above, a fence, wall, hedge or shrub border meeting the height requirements may be authorized, however, the intent of the bufferyard shall be preserved. Use of Natural Undisturbed or Natural Forested Bufferyard Areas. Existing natural forested and natural undisturbed areas may be used as bufferyards, in accordance with the following standards: 35 - 121 f. E. (1) A natural bufferyard may be used along all property lines which require a buffer, however, a natural undisturbed bufferyard shall be located at least 25 feet from the street right-of-way. (2) Natural undisturbed bufferyard, where used to meet a bufferyard requirement of this Chapter, shall remain undisturbed during development and construction and shall remain undisturbed until such time as it is replaced with another bufferyard option from Exhibit 35-59B. (3) Natural forested bufferyard, where used to meet the bufferyard requirement of this Chapter, may be enhanced through trimming, brush removal and addition of trees, shrubs or other plantings. (4) A natural bufferyard shall possess the minimum width as shown in Exhibit 35-59B. Use of Open Space Bufferyard Areas. Open space may be used as bufferyards in accordance with the following standards: (1) An open space bufferyard may be used along all property lines required to meet the Type A and Type B bufferyard requirements of Exhibit 35-59A, except that where parking lot screening is required, a planted bufferyard shall be installed in accordance with one of the options outlined in Exhibit 3559B. (2) An open space bufferyard shall possess the minimum widths as shown in Exhibit 35-59B in order to satisfy the requirements of this section. Use of Fences, Walls and Berms in Required Bufferyards. Where used in combination with a bufferyard, fences, walls and berms shall comply with the following standards: 1. Berms. a. Minimum Height. Two and one-half feet. b. Minimum Width of Crest. One foot. c. Maximum Slope. Three horizontal feet for each one vertical foot. d. Planting Area. Required trees and shrubs shall be planted on the crest. The remainder of crest and side slopes shall be planted with groundcover and/or sod. 2. Fences. Fences used as a barrier feature in a required bufferyard shall consist of concrete, natural-finished wood, maintenance-free vinyl, or combination, shall be solid and of a twosided design. Such fence shall be located within three feet of the property line. 3. Walls. Walls used as a barrier feature in a required bufferyard shall be constructed of solid masonry finished on both sides. Finish may consist of stucco, brick, stone, versa-lock; and other materials as approved by the Director; minimum six inches thick. Unfinished concrete block is not permitted. The wall shall be located within three feet of the property line. 4. Combined Height. Where a fence or wall is combined with a berm, the maximum height of the fence shall be reduced by the additional height of the berm. 5. Back-to-Back Placement. Nothing in this Ordinance shall require the “back-to-back” placement of fences or walls where an existing fence or wall on an adjoining property substantially meets the requirements of this Section. An existing, solid fence which meets all of the above requirements, except for type, may be substituted for the required wall provided the width of the landscape strip is increased such that at the time of development approval an equivalent amount of buffering between properties is provided. Rev. 11/18/2014 35 - 122 6. F. Exception due to Topography. Where topography results in a required bufferyard fence providing little or no screening, the Director may waive the screening fence requirement, however, required trees shall still be installed. Standards for Fences and Walls Used Outside of Required Bufferyards. 1. 2. Rev. 11/18/2014 Standards in All Districts. No fence shall be erected without a permit. At a minimum, unless specified otherwise at the time of development approval, fences and walls erected shall comply with the following: a. Visual Clear Zone: Fences and walls shall comply with the provisions of Section 3555 Visual Clear Zone. b. Fences and Walls Erected by Public Entities Exception. Fences and walls erected by public entities for public recreational and other public purposes, including but not necessarily being limited to fencing for tennis courts and baseball fields, shall be exempt from the fence height regulations provided that the fence is more than 25 feet from the nearest property line. c. Fences and Walls Erected for Public Utilities Exception. Public Utilities may erect fences and walls up to a maximum of 10 feet in height for public utility sites including but not necessarily limited to water towers, telecommunication towers, and electrical substations, provided that the fence is located 25 feet from the nearest property line. Barbed wire may be used provided the lowest strand of barbed wire shall be located at least six feet above the ground. No concertina wire shall be permitted. Design standards for fences for public utility purposes may be established by the Board of Adjustment when ruling on a conditional use permit. d. Design Standards. (1) Fences shall be constructed in a workmanship-like manner. (2) No more than two different types of fencing material (such as wood and chain link or two types of wood) are permitted. Missing boards, pickets, or posts shall be replaced with material of the same type. (3) No fence shall be made of, in whole or in part, cloth, canvas, or sheet metal. (4) The finished side of the fence shall face outward. Posts and support beams must face in toward the subject property or shall be designed as an integral part of the finished surface. Standards for Fences and Walls in the RU, RC, RS, RA and N-O Districts. a. Except as modified by Section 35-55 Visual Clear Zone, fences and walls having a height of four (4) feet or less may be located on any part of the lot. b. Except as modified by Section 35-55, Visual Clear Zone, fences and walls having a height of six feet or less may be erected on those parts of a lot that are as far back or farther back from the street than the front plane of the main building. c. For through lots (as defined in Section 35-92 and as distinguished from corner lots) fences and walls having a height of six feet or less may extend into the yard area at the rear of the building subject to a minimum 10 foot setback from the right-of-way line or, where houses front said right-of-way, at a setback equal to or greater than houses on adjacent lots, whichever is greater. e. Barbed wire, chicken wire and hog wire is permitted only when associated with a legal nonconforming or permitted agricultural activity. 35 - 123 e. 3. 4. Use of concertina wire is prohibited. Standards for Fences and Walls in the C and M Districts. a. Except as modified by Section 35-55 Visual Clear Zone, fences and walls having a height of four feet or less may be erected on any part of a lot and fences and walls having a height of ten feet or less may be erected on those parts of a lot that are as far back or farther back from the street than the front plane of the main building or the front setback line, whichever is less. b. Barbed wire may be used on fences or walls provided the lowest strand of barbed wire shall be located at least six feet above the ground. No concertina wire shall be permitted in these districts. Standards for Fences aSnd Walls in the PUD Planned Unit Development District: Height of fences and walls shall be determined under the plan review procedures set forth in Section 3574.C. (Ord. No. 14982, §1, 6-18-2012) Rev. 11/18/2014 35 - 124 Exhibit 35-59A. Landscaping, Screening & Bufferyards Between Zoning Districts Bufferyard Key1: A - Type A B - Type B C - Type C ( -) - No Bufferyard Required Zoning of Existing Development Zoning of Proposed New Development or Redevelopment RC, RU, RS-1 thru RD RA-1 RA-2 N-O C-O C-1 C-2 C-3 M-1 M-2 PUD Res PUD Non Res RS-4 RC, RU, RS-1 thru RS-4 2 - - - - - - - - - - - - - RD - - - - - - - - - - - - - RA-1 B A - - - - - - - - - - - RA-2 B A - - - - - - - - - - - N-O B B B B - - - - - - - - - C-O B B B B B - - - - - - - - C-1 B B B B B - - - - - - - - C-2 C C B B B - - - - - - - - C-3 C C B B B - - - - - - - - M-1 C C C C C A A A A - - - - M-2 C C C C C A A A A - - - - PUD Res - - - - B B B B B B B - - PUD Non-Res B B B B B - - - - - - B - Notes: 1 Bufferyard types are outlined in Exhibit 35-59B. 2 Refer to Section 35-59.D.2. for applicability. Non-residential uses and other specified developments in the RS zoning districts are required to provide a bufferyard as specified above or by specific requirements elsewhere in this Ordinance. Rev. 11/18/2014 35 - 125 Exhibit 35-59B. Bufferyard Types and Options Bufferyard Options1 Bufferyard Type Bufferyard Width2 Bufferyard 1. Small canopy trees, 5 per 100 linear feet 10 feet A 2.Medium canopy trees planted 4 per 100 linear feet 20-35 feet 3. Large canopy trees, or conifer trees, 3 per 100 linear feet 35+ feet 4. Natural buffer area Understory Plantings Barrier Feature Optional Not Required 15 feet N/A N/A 5. Open space buffer area 20 feet N/A N/A Bufferyard 1.Small canopy trees, 5 per 100 linear feet 10 feet Optional B 2. Medium canopy trees planted 4 per 100 linear feet. Small trees, 5 per 100 linear feet, may be used if planted on top of a berm. 20- 35 feet Optional 35+ feet One shrub or ornamental tree per 150 square feet Where parking lots are at or near the property line, a barrier feature shall be installed. Barrier feature must be minimum of three (3) feet in height: Hedge, berm, fence , wall or combination 4. Natural buffer area 20 feet N/A N/A 5. Open space buffer area 30 feet N/A N/A 1. Medium canopy trees, 4 per 100 linear feet 25 feet Optional 35+ feet One shrub, ornamental tree or small canopy tree per 100 square feet Barrier feature must be minimum of six (6) feet in height: Hedge, berm, fence, wall or combination 3. Tall conifer trees, stagger planted 20' on center, with branches touching the ground. 35+ width One shrub, ornamental tree or small canopy tree per 100 square feet Barrier feature must be minimum of six (6) feet in height: Hedge, berm, fence, wall or combination 4. Natural buffer area 35 feet N/A N/A 5. Open space buffer area 50 feet N/A N/A 3. Large canopy trees or conifer trees, 3 per 100 linear feet. Bufferyard C 2. Large canopy trees, 3 per 100 linear feet Notes 1. Option 1 in each bufferyard type is the minimum required. Minimum width may be reduced only in certain redevelopment situations. Size of tree is prescribed by this Exhibit, dependent on width of bufferyard. 3 Natural buffer and open space buffer permitted in accordance with the additional standards of this Section. 2 Rev. 11/18/2014 35 - 126 Interruptions Up to 25% of the length may be interrupted to provide access to adjacent property Up to 10% of the length may be interrupted to provide access to adjacent property No interruptions in the bufferyard are permitted EXHIBIT 35-59C: SAMPLE BUFFERYARDS (Refer to Exhibit 35-59B for Specific Requirements) (See Approved Planting List in the Appendix) Type A Bufferyard: Minimum Width 10 feet Small canopy trees planted 20' on center Medium canopy trees planted 25' on center with optional fence Large canopy trees planted 33' on center with optional shrubs Type B Bufferyard: Minimum Width 10 feet Medium canopy trees planted 25' on center with 3' high hedge Small canopy trees planted 20' on center on top of 3' high berm Large canopy trees planted 33' on center with 3' high stone wall Type C Bufferyard: Minimum Width 25 feet Medium canopy trees planted 25' on center with 6' high evergreen hedge Large canopy trees planted 33' on center with 6' high fence Tall conifer trees, stagger planted 20' on center with branches touching the ground Rev. 11/18/2014 35 - 127 Sec. 35-60. Traffic impact analysis. A. Purpose. Traffic Impact Analysis (TIAs) are specialized studies of the transportation needs and traffic impacts of a development. A TIA is specifically concerned with site traffic generation, directional distribution and assignment of site traffic onto available or future streets, public safety requirements and the determination of transportation needs of the site and surrounding street system. In all cases, access plans for a development must be integrated with access to adjacent developments, and must consider the impacts of other developments that are under construction, have received land use approvals or have submitted applications. B. Applicability. An applicant or developer shall submit a Traffic Impact Analysis for the following types of developments unless specifically waived by the Director: C. 1. All developments expected to generate more than 100 new peak-hour vehicle trips on the adjacent street, except that residential developments with fewer than 75 single family lots or 50 two-family units shall not be required to submit a TIA. 2. A development which will change the site traffic generation by more than 15 percent, where at least 100 new peak-hour trips are involved; 3. Necessary development agreements to determine “fair share” contributions to major roadway improvements. Traffic Impact Analysis Report Content. The TIA shall be performed under the supervision of a registered, professional engineer qualified and experienced in transportation engineering. The TIA shall follow standard transportation engineering practices and methods and shall include the following minimum information: 1. Analysis of existing conditions and issues; 2. Analysis of forecasted traffic conditions. Trip generation and pass-by trip estimates for proposed developments may be obtained from the Institute of Transportation Engineers, Trip Generation (6th edition, 1997) or the most recent edition. 3. Analysis of alternatives where appropriate; 4. Findings. conclusions, and recommendations. Rev. 11/18/2014 35 - 128 ARTICLE VI. NONCONFORMING USES OR SITUATIONS. Sec. 35-61. Purpose. It is the purpose of this Article to provide for the regulation of uses, buildings, structures or lots which legally existed prior to the effective date of this Ordinance but which fail to comply with one or more of the applicable regulations or standards established by this Ordinance or subsequent amendment of this Ordinance, or which have been rendered nonconforming due to circumstances which were not self-created. This Ordinance recognizes that nonconforming uses or situations that are otherwise lawful, have a vested property right so long as they remain lawful otherwise. It is the intent of these regulations to specify those circumstances and conditions under which such nonconformities shall be permitted to continue and expand. Sec. 35-62. Applicability. A. These regulations apply to nonconforming uses or situations which were originally allowed and have been maintained over time. These uses or situations have legal nonconforming status and may continue so long as they are legal otherwise. Land uses or situations that were not permitted when they were established and have been maintained over time have no legal right to continue and shall be terminated, unless granted Legal Nonconforming Status by the procedure outlined in Section 35-63. B. In certain cases, nonconformities may be permitted to be upgraded when it can be shown that such action will not be harmful and will be beneficial to the surrounding properties, the neighborhood, or the community; and that the goals of the Comprehensive Plan and other local plans will not be impeded by the continuation of the nonconformity. Nonconforming uses or situations that have a lesser impact on the immediate area have fewer restrictions than those with greater impacts. For instance, nonconforming uses in residential zones pose greater impacts and the expansion of such are regulated more strictly to ensure the protection of continuing residential neighborhood livability and character. In contrast, expansion of nonconforming residential developments in residential zones are treated more liberally because they do not represent a major disruption to the neighborhood and they provide needed housing opportunities. Sec. 35-63. Determination of legal nonconforming status review. A. Purpose, Review and Determination. This Section provides information on how legal nonconforming status is determined for a use, site or situation. The current legal use will be identified based on the classifications of permitted land use for the particular district as shown in Exhibit 35-28. B. Evidence. If the Director determines that evidence is insufficient or unsatisfactory, a Determination of Legal Nonconforming Status Review shall be required in accordance with this Section. 1. 2. Rev. 11/18/2014 Evidence Required - Use or Situation Allowed When Established. a. Building, land use or development permits; or b. Zoning codes or maps. Evidence Required - Use or Situation Maintained Over Time. a. Building, land use or development permits; b. Income tax records; c. Utility bills; 35 - 129 C. d. Business licenses; e. Listings in telephone, business or Polk directories or similar publications; or f. Advertisements in dated publications. Procedure. 1. Application by Owner or Staff Initiated.. The Determination of Legal Nonconforming Status review may be initiated by staff or may take place upon application by the property owner, who shall provide copies of evidence to the Director. The review shall be conducted by the Director or the Director’s designee. The report, including evidence, documentation and findings, shall be transmitted to the Applicant, with a copy maintained in the Department office. 2. Status Report, Certificate. After the review has been completed, the Director or the Director’s designee shall issue a report, including evidence and findings, which shall be transmitted to the Applicant, with a copy maintained in the Department office. If the Director determines that the nonconforming use or situation was permitted at the time and has been maintained over time, the Director will issue a Certificate of Nonconforming Use or Situation Status to the applicant 3. Appeals. The applicant may appeal the Director’s determination to the Board of Adjustment in conformance with the procedures in Section 35-73.C. Sec. 35-64. Regulations that apply to all nonconforming uses or situations. A. Ownership. Changes in ownership shall not affect the nonconforming status. B. Change to a Legal Conforming Situation. A nonconforming use or situation may be changed by right to a legal conforming status. Such change shall terminate nonconforming rights. C. Change to a Conditional Use. A nonconforming use may be changed to a conditional use in conformance with the procedures and standards of Section 35-73.A. Conversion to a conditional use shall terminate nonconforming rights. D. Maintenance and Repair. 1. Routine Maintenance/Repair. The maintenance and minor repair of a nonconforming use or nonconforming structure is permitted. 2. Restoration and Repair Due to Damage. Rev. 11/18/2014 a. A nonconforming use, other than a one family or two family dwelling, damaged to less than 75 percent of the current fair market value may be restored in compliance with adopted building, fire and life safety codes provided the work is commenced within six months from the date of damage, and all portions of the structure being restored are not and were not on or over a property line and the Certificate of Occupancy is issued within one year from the date of damage. If damage exceeds 75 percent, restoration or repair shall not be permitted unless the restoration brings the use into conformance with this Ordinance and applicable adopted codes. b. A nonconforming, one or two family dwelling, damaged by more than 75 percent of its current fair market value, may be restored or repaired only if: 1) such restoration or repair work complies with applicable building, fire and life safety codes; and 2) the 35 - 130 restoration or repair work is substantially commenced within 365 days from the date of damage; and 3) the square footage of the residence is not expanded or increased, except as provided in this Section. The Director may extend the deadlines for commencement of completion of such restoration or repair work upon showing that the applicant, due to circumstances beyond the applicant’s control, cannot comply despite the exercise of reasonable diligence. c. For purposes of this section, fair market value shall mean the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is consummation of a sale as of a specified date and passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well-informed or well-advised, and each acting in what he or she considers his or her own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. The value of the lot or parcel shall be excluded for purposes of this section. Sec. 35-65. Continuation of nonconformity and completion of nonconforming development. A. Continued Operation. Except as otherwise provided in this Section, any nonconforming use, structure, lot of record, sign or landscaping or parking existing on the effective date of this Ordinance or subsequent amendment thereto may be continued so long as it remains otherwise lawful. All nonconformities shall be encouraged to convert to conformity whenever possible. Additionally, any structure currently under construction that has been classified as a nonconforming use shall be allowed to continue so long as 50 percent of the structure has been completed. B. Change of Use. Any use of land or structure may be changed to another nonconforming use of the same nature or less intensive nature if no structural alterations are involved and if it is found that the relation of the structure and proposed use to surrounding property is such that adverse effects on occupants and neighboring property will not be greater than if the original nonconforming use continued. Approval for such a change shall be processed through a Special Exception Use Permit review procedure in conformance with Section 35-73.D. The following factors shall be used to determine if the use may be changed: 1. The character and history of the use and of development in the surrounding area. 2. The comparable degree of noise, vibration, dust, odor, fumes, glare or smoke detectable at the property line. 3. The comparative numbers and kinds of vehicular trips to the site. 4. The comparative amount and nature of outside storage, loading, and parking. 5. The comparative visual appearance. 6. The comparative hours of operation. 7. The comparative effect on existing vegetation. 8. The comparative effect on water drainage. Rev. 11/18/2014 35 - 131 9. C. D. E. Other factors which tend to reduce conflicts of incompatibility with the character or needs of the area. Improvements and Restoration of Nonconformities. A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity except under the following conditions: 1. Alteration is for the express purpose of converting the structure to a conforming use. 2. Alteration will ensure compliance with the health and safety requirements of the City, but such alteration shall only be permitted to the extent minimally necessary to bring the structure into compliance with the health and safety regulations. 3. A building containing one or more dwelling units, in districts where such occupancy is a nonconforming use, may be altered in ways which will enhance the livability of the dwelling unit or to ensure compliance with the health and safety regulations of the City. Under no circumstances shall these alterations result in an increase in the number of dwelling units in the building, or the bulk of the building. 4. Repairs and non-structural alterations may be made to a nonconforming building in conformance with Section 35-64.D. 5. A parking area on a lot with a nonconforming building may be paved in accordance with the provisions of Section 35-58. 6. A fence may be erected in accordance with the provisions of Section 35-59 on a lot with a nonconforming building. 7. Nothing contained in exceptions 1 through 6 above shall be construed to permit an enlargement of a nonconforming building. Discontinuance of Nonconformity. 1. Illegal Use. Any use or situation that was not established or constructed in conformance with this Ordinance or a previous Zoning Ordinance is an illegal use and shall be brought into conformance with this Ordinance, subject to determination of legal nonconforming status review in accordance with Section 35-63. 2. Discontinuance of Use. Any nonconforming use or situation, the use of which has been discontinued for a period of 270 consecutive calendar days, shall be presumed to be abandoned and shall not thereafter be re-established except in full compliance with this Ordinance. Evidence of abandonment of the nonconforming use is not required. 3. Discontinuance Due to Accidental Destruction. No building which has been accidentally damaged by fire or other causes, to the extent of more than 75 percent of a non-residential building in a residential district and 75 percent of a nonconforming residential building in a residential district immediately prior to damage, of its fair market value, based on an appraisal performed by a certified real property appraiser, shall be restored except in conformity with the regulations of this Section, and all rights as a nonconforming use are terminated. 4. Discontinuance Due to Intentional Destruction. A building or structure which has been intentionally damaged by fire or other causes within the control of the applicant shall not be permitted to be rebuilt or re-established. Nonconforming Lots. 1. When a non-conforming lot can be used in conformity with all applicable regulations except minimum lot sizes or dimensions, the lot may be used as if it conformed to district regulations. 2. The Board of Adjustment may authorize the development of a non-conforming lot that cannot be developed in conformance with required setbacks upon finding that: a. Rev. 11/18/2014 The property cannot reasonably be developed for authorized uses without a variance. 35 - 132 b. Variances are necessitated by the size, shape or configuration of the non-conforming lot. c. The property can be developed as proposed without any significantly adverse impacts on the adjacent properties or upon the public health or safety. d. The proposed variances are the least required to allow reasonable use of the property. Sec. 35-66. Expansion or enlargement of nonconforming situations. A. Nonconforming Residential Use. A nonconforming residential use existing on May 6, 2002 is eligible for a one-time expansion after the effective date of this ordinance, but shall not be expanded in scope or area by greater than 20 percent of the gross floor area of the building in existence on the above-referenced date. B. Nonconforming Business Use. A nonconforming business, commercial or industrial use may be expanded as follows: 1. Location in a Non-Residential District. A nonconforming business use that requests expansion or enlargement shall be located in a non-residential district. 2. Structural Expansion. Structural expansion shall not exceed 20 percent of the gross floor area of the structure or building in existence on May 6, 2002, provided that the business must provide adequate parking for the existing and expanded business area. 3. Expansion of Nonconforming Use in Structure or Building. Where a nonconforming use occupies a portion of an existing structure or building, expansion shall be limited to 20 percent of the square footage occupied by the use on May 6, 2002, provided that the business must provide adequate parking for the existing and expanded business area. No such use shall be extended to land outside of the building or structure. C. Nonconforming Telecommunications Facilities. Certain telecommunications facilities that were in existence on or before September 8, 1997, shall be allowed to be expanded to provide for co-location of telecommunication antennas or other facilities in conformance with the provisions of Section 35-41.B.26 and Section 35-73.D of this Ordinance. D. Application for Expansion Required. Application for expansion shall be submitted to the Director, in writing, together with a site plan showing the existing uses, detailing the type and amount of the proposed expansion. E. Notification of Expansion and Protest. Upon receipt of the application, mailed notification of the proposed expansion shall be provided to all owners of property within 185 feet (excluding streets and public rightsof-way) of the nonconformity. If protests are received from 30 percent or more of the property owners within the 185 feet limit within 20 days of the mailing, the requested expansion shall require processing in accordance with special exception use procedures. Sec. 35-67. Nonconforming off-street parking lot. An off-street parking lot which contains more than 20 spaces and which lawfully existed prior to November 21, 1972, but which does not conform to the minimum off-street parking requirements, paving or landscape planting requirements of this Article is nonconforming. The structures served by the lot shall not be enlarged nor structurally altered nor shall any new structure be located on the premises until: (1) the minimum number of offstreet parking spaces is provided; or (2) the off-street parking lot is paved in conformance with Section 35-58; or (3) the nonconforming lot conforms to the landscape requirements in Section 35-59, as applicable. If the property owner can prove that the minimum number of required off-street parking spaces cannot be provided due to lack of sufficient land or that the minimum landscape requirements would cause an unusual economic hardship, the requirements may be varied by the Board of Adjustment. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. Rev. 11/18/2014 35 - 133 Sec. 35-68. Exemptions. All structures and locations listed on the National Register of Historic Places, or as a state historical site shall not be considered to be nonconforming for the purposes of Article VI, but shall comply with these regulations to the extent possible. Sec. 35-69. Reserved. Rev. 11/18/2014 35 - 134 ARTICLE VII. ADMINISTRATION AND PROCEDURES Sec. 35-70. Application, permit processing, hearing procedures. A. Review and Approval. The policies and regulations in this Ordinance apply to the use and development of land. Any person proposing a land use or development shall comply with the procedures of this Article. Exhibit 35-70A summarizes the procedures and agencies and public bodies involved in the development proposal process. Detailed information about the procedures applications and the agencies and public bodies involved in the process are further discussed in this Article. Exhibit 35-70A: Development Review Procedures Summary Key to Abbreviations Used P&Z Planning and Zoning Commission BOA Board of Adjustment CC City Council D Decision Making Body A Appeal Body R Recommending Body X Required O Option/Recommended - No/Not Applicable A/P Publish Only on Appeal A/M Mail Only on Appeal PA Post Agenda Application Process See Section Number Preapp Conf. Acting Body Notices Staff P&Z CC BOA Pub Mail Sign Agenda STAFF APPROVAL - DEVELOPMENT PERMITS Planning Clearance 35-72A O D - - A - - - - Building Permit 35-72B O D - - A - - - - Certificate of Occupancy 35-72C O D - - A - - - - Fence 35-72D O D - - A A/P A/M - A/P Home Occupation 35-72E X D - - A A/P A/M - A/P Temporary Use 35-72F X D - - A - - - - Telecommunications Facilities 35-72G X D A - - - - - - Change of Use 35-72H X D - - A X X - A/P ADMINISTRATIVE APPROVAL - DEVELOPMENT PERMITS CONDITIONAL USE PERMIT 35-73A X R - - D X X X PA VARIANCE - BOA 35-73B X R - - D X X X PA APPEALS OF ADMINISTRATIVE DECISIONS 35-73C - - - - D X X - PA SPECIAL EXCEPTION USE 35-73D X R R D - X X X PA 35-77 X R R D - X - - - VESTED RIGHTS Rev. 11/18/2014 35 - 135 Application Process CHANGE OF USE OF NONCONFORMITY See Section Number Preapp Conf. 35-65B 35-72H 35-73D X Acting Body Notices Staff P&Z CC BOA Pub Mail Sign Agenda R R D - X X - PA LEGISLATIVE APPROVAL - DEVELOPMENT PERMITS Comprehensive Plan Amendments Text Amendments 35-74A X R R D - X - - PA Map Amendments 35-74A X R R D - X X X PA Zoning Ordinance Amendments Zoning Map Amendments 35-74B - R R D - X X X PA Ordinance Text Amendments 35-74B - R R D - X - - PA Concept Plan 35-74C X R - - - - - - - Preliminary Plan 35-74C X R R D - X X X PA Final Plan 35-74C X R R D - - X X PA Plan Amendments Major Minor 35-74C R R R D R - D - - X X X - - - PA - - R R D - X X - PA Planned Developments Annexation B. Rev. 11/18/2014 35-76 Common Elements of Procedures. The specific procedures followed in reviewing the various proposals differ. Reference should be made to the appropriate section in this Ordinance which deals with the procedures and requirements of a particular application. Generally, the procedures for all applications have three common elements: (1) submittal of a complete application, including required fee payment along with appropriate information; (2) review of the submittal by appropriate City staff and related agencies; and (3) action to approve, approve with conditions, or deny approval of the application. The following elements are common to all procedures unless otherwise modified by more specific provisions. The time frames specified for action on the part of the City are maximums. Exhibit 35-70B generally shows the approval review process. 35 - 136 C. D. Pre-Application Conference. 1. When Required. The applicant shall meet with the Director to discuss the nature of the proposed development, application submittal requirements, the procedure for action and the standards for evaluation of the application. Exhibit 35-70 shows when a preapplication conference is required or optional/ recommended. 2. Submittal Requirements Defined. Submittal requirements are typical. The type, scope, or location of any specific development application may require different types or levels of information. At the pre-application conference, the Director shall determine what information shall be submitted to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to respond to issues or concerns that may not have been evident at the preapplication conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the Planning and Protective Services Department and made part of the development file upon submittal of an application. Exhibit 35-70B Administrative Approval Review Process Application Submittal Staff Re vie w Agency Re vie w Decision Application Requirements. 1. Materials. Current application materials, including forms, checklists and schedules for submittal may be obtained during normal business hours from the Office of the Director. 2. Application Time Frames for Board of Adjustment or Planning and Zoning Commission. Applications to be referred to the Board of Adjustment or Planning and Zoning Commission shall be filed at least 20 working days prior to the scheduled meeting date. 3. Number of Copies. Four copies of each application, site plan and supporting documentation shall be submitted for initial staff review. Additional copies shall be required for distribution to the Board of Adjustment, Planning and Zoning Commission or and/or City Council, to be submitted at the appropriate time and in the number as specified by staff. 4. Application Fees. 5. Rev. 11/18/2014 Appeals a. Any action on an application for a development pursuant to this Article shall be subject to the required fee in the amount as established by the Council. The filing fee is the approximate cost to cover processing costs, including mailed notices, posting of signs and public hearings, if required. b. All fees shall accompany the application, shall be made payable to the “City of Jefferson” and shall be submitted to the Director. Under no condition shall the fee or any part thereof be refunded for failure of said application to be approved or adopted by the Council, Commission, Board or Director. Review of Completeness of Application. Within ten days of submission, the Director shall review the application and determine if the application is complete pursuant to the provisions of this Article. If the application is incomplete or is submitted prematurely, the Director shall return it to the applicant to be completed and resubmitted in conformance with the standards of this Ordinance. 35 - 137 6. E. F. G. Director’s Report and Recommendation. When the Director is required to refer a development application to a decision-making body, the Director shall prepare a report with his or her recommendation for action and provide it to the applicant and the decision-making body at the hearing on the application. The report shall include the recommendations of City departments and other reviewing agencies. Staff Review Procedures. 1. Staff Review. All applications shall be reviewed by the Director or staff for compliance with City codes and policies. Upon completion of staff review, staff comments shall be provided in writing to the applicant. 2. Review by Other City Departments and Outside Agencies. The Director or staff may forward copies of the applications to various affected City departments and outside agencies for their review of the material submitted. 3. Agency and Department Comments. The Director shall request the above agencies and departments to respond, in writing, to the requested review within 15 days of receipt of the application, however, failure to act within this time period does not deem the request approved. The agencies’ and departments’ review shall be advisory in character, and does not constitute approval or disapproval. All comments shall be made available to the applicant for response. 4. Applicant’s Response. The applicant shall have ten days to respond to staff and agency comments. Director’s Decision. 1. Action. After the applicant has had the opportunity to respond to the comments of staff and other agencies, the Director shall recommend or deny approval of the application based on the applicable review criteria. 2. Authority to Condition Development Approvals. After review of the application and other pertinent documents, the Director may impose conditions as are reasonable and necessary to assure compliance with applicable general or specific standards stated in this Ordinance. The Director shall include a copy of the conditions with the record of the decision. The applicant shall be notified of any conditions imposed on the application. Public Hearings and Notice. 1. Purpose. Public hearings and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect consideration of the community interest and ensure that the applicant and other interested parties are given due process and the opportunity to be heard. 2. Published Notice. Notification shall be done in conformance with Chapter 89 and 610, RSMo. a. Except as otherwise specifically provided in this Section, in any instance in which a public hearing is required, a notice shall be published at least once. The notice of each hearing to be held by decision-making bodies may be included in a single notice. The notice shall be provided in conformance with Exhibit 35-70. The Director shall be responsible for publication of the notice. b. Notice time shall be computed in accordance with Section 1.040, RSMo. and Section 12.9 of the Charter of the City of Jefferson. c. With all other required application materials, the applicant shall provide the information required for the notice to the Director who shall be responsible for preparing the notice for publication. d. The notice of public hearing shall contain the following information at a minimum: (1) Rev. 11/18/2014 the time, date and place of the hearing; and 35 - 138 e. 3. H. (2) the location of the property including a legal description; and (3) the boundaries of the area proposed for amendment or development; and (4) a statement that interested parties shall be given a chance to be heard. The notice of the public hearing shall be published at least once 15 days before the date of the public hearing, in one or more newspapers of general circulation in the City. Mailed Notice of Public Hearing. a. Mailed notice of a public hearing shall be sent by the Director by regular first class U.S. mail. The notice shall be mailed to each affected property owner at the mailing address listed in the official records of the Assessor’s Office in the County in which the property is located. b. The point at which the distance is measured for the mailed notice shall include the subject property and property within 185 feet of the boundaries of the subject property drawn parallel to the boundaries excluding intervening streets, and other public rights-of-way. c. The content of the mailed notice shall be in conformance with Section 35-71E.3. The mailed notice must also include a statement explaining that this is a courtesy notice and not required by law. d. The failure of a property owner to receive notice by mail shall not be grounds for invalidating any action taken by the responsible decision-making body. 4. Property Sign. When required by Exhibit 35-70, the Director shall post distinctive signs, with minimum dimensions of 24" x 24" giving notice of the date, time and place of the hearing and of the action requested. The Director shall post at least one sign on the subject property at least ten calendar days but not more than 15 calendar days prior to the hearing in conspicuous places visible from every street along the frontage of the subject property. The sign(s) shall remain posted on the property until after the close of the public hearing. The failure to post signs upon the property or retain notification signs upon the property shall not be grounds for invalidating any action taken by the responsible decision-making body. 5. Agenda Notice. Notice of all public hearings shall be posted at City Hall at least 24 hours prior to any public hearing. 6. Notification of Appeal. Whenever an appeal is taken from a final decision from development permit which was obtained following a public hearing, notice of the appeal shall be prepared and made in the manner prescribed by this Section or other applicable Section. 7. Notification of Revocation. If the final decision making body makes the determination to revoke a variance, conditional use permit, special exception permit or other development permit granted under this Ordinance, notice of the revocation shall be prepared and made in the manner prescribed by Section 35-70. Administrative Review Public Hearing Procedures. 1. Purpose. The purpose of an administrative review public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to cross-examine witnesses and rebut evidence presented by others. Public hearings are required for administrative hearings such as conditional use permits, special exception use permits, appeals, and variances to provide procedural due process. 2. Conduct of Public Hearing. Public hearings shall be conducted in conformance with Chapter 89 and §§536.070, 536.080, 536.083, and 536.095, RSMo. a. Rev. 11/18/2014 Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a 35 - 139 public hearing shall state, for the record, his or her or her name, address, and if appearing on behalf of an organization, the name and mailing address of the organization. b. The order of proceedings shall be as follows: (1) The Director or appropriate staff member shall present a description of the proposed development and written or oral findings, if required. The findings shall address each factor required by this Ordinance to be considered prior to action or approval on the development permit. (2) The applicant may present any information that the applicant deems appropriate; (3) Public testimony shall be heard first in favor of the proposal, then in opposition to it; (4) The Director or other staff member may respond to any statement made by the applicant or any public comment; (5) The applicant may respond to any testimony or evidence presented by the staff or public; and (6) The body conducting the hearing shall close the public portion of the hearing and conduct deliberations prior to acting on an application. 3. Notice of Proceedings. Proceedings shall be instituted pursuant to §536.063, RSMo., and notice shall be provided pursuant to §536.067, RSMo., provided, however, that (1) notice by mail shall not be required, as notice by publication is permitted by this Ordinance and by statute, and (2) responsive pleadings shall not be required, as would otherwise be provided by §536.068. Discovery shall be permitted as required by §§536.073 and 536.077, RSMo. Any proceeding may be disposed of by informal disposition pursuant to §536.060, RSMo. Decisions shall be rendered and transmitted pursuant to §536.090, RSMo. 4. Record of Proceedings. 5. a. The body conducting the hearing shall record the proceedings by any appropriate means as prescribed by rule and consistent with §§610.020 and 536.070(4), RSMo. Such record shall be provided at the request of any person upon application to the City Clerk and payment of a fee set by the Council to cover the cost of duplication of the transcribed record. b. Testimony and statements of opinions, the minutes of the secretary, applications, exhibits submitted, all staff and advisory body or Commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard, shall constitute the record. c. The record shall be open for inspection at reasonable times and upon reasonable notice. d. The body conducting the hearing shall appoint, by rule, a custodian of records. Continuance of Proceedings. a. Any applicant or authorized agent of an applicant shall have the right to one continuance before the Planning and Zoning Commission, Board of Adjustment or Council, provided that a written request is filed. b. The hearing body may grant a continuance at any time for good cause shown. All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members in attendance shall be required to grant a continuance. (1) Rev. 11/18/2014 The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance. 35 - 140 6. If the Commission, Board of Adjustment or Council, continues a public hearing on its own motion, it may direct the Director to renotify property owners, if such notice was required in the first instance. (3) If the continuance of a public hearing is made at the request of an applicant, the hearing body may direct the Director to renotify property owners, if such notice was required in the first instance. (4) Renotification shall be made by regular first class United States mail. Rehearing Procedures. The following procedures apply to rehearing the same request and a rehearing on successive or similar applications. a. Any interested party may, in writing and within ten (10) days of the Board's decision, request that the Board reconsider any decision which adversely affects such party. The request for rehearing shall be filed in the office of the Director. b. The written statement shall set forth the alleged error or omission; any new, pertinent fact; or the material change in fact or circumstance upon which the request for rehearing, is based. The same procedure shall be used for a new hearing of a previous application for the same property, or portion thereof, or for the same or substantially the same purpose, however, such a request shall be considered a new request. c. The Board shall consider and vote on the request for the rehearing, or to hear a previous application, and if approved, shall hear the request at the same meeting unless continued for good cause. When determining whether to rehear a request, or hear a previous application, the Board shall limit the testimony to that presented by the party requesting the rehearing. The Board shall rehear the request for rehearing, or hear the previous application only if it determines: d. I. (2) (1) Certain pertinent evidence was not presented; or (2) An error which warrants correction was made at the original hearing; or (3) There is new, pertinent evidence; or (4) There has been a material change in fact or circumstance. Requests for rehearing shall be subject to the application filing fee. A new hearing of a previous application shall require the payment of a new filing fee. Legislative Review Public Hearing Procedures (City Council). 1. Purpose. The purpose of a legislative review public hearing is to provide an opportunity for the public to have input into the process. 2. Notice of Proceedings. Proceedings shall be instituted pursuant to Section 35-70 of this Ordinance. 3. Conduct of the Hearing. Rev. 11/18/2014 a. Public hearings shall be conducted to review the application and evidence presented. If one public hearing has been conducted at which testimony and evidence were presented, it shall not be necessary for the decision-making body to conduct another review of all the material and testimony formerly reviewed. b. Parties to the application may provide additional evidence for review that was not formerly submitted or considered and may present closing arguments to summarize their request. The decision-making body may establish a time limit for testimony. c. The interested parties shall not have the right to cross examination. 35 - 141 4. 5. J. Record of Proceedings. a. The body conducting the hearing shall record the proceedings by any appropriate means as prescribed by rule and consistent with §610.020, RSMo. Such record shall be provided at the request of any person upon application to the City Clerk and payment of a fee set by the Council to cover the cost of duplication of the transcribed record. b. Testimony and statements of opinions, the minutes of the hearing, applications, exhibits submitted, all staff and advisory body or Commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard, shall constitute the record. c. The record shall be open for inspection at reasonable times and upon reasonable notice. The record of the hearing shall be made available to any interested person in conformance with §§610.023 and 610.026, RSMo. d. The agency conducting the hearing shall appoint, by rule, a custodian of records, in conformance with §610.023, RSMo. Continuance of Proceedings. Proceedings may be continued in accordance with Section 35-70 of this Ordinance. Appeals. 1. Appeals of a Director’s decision shall be heard by the Board of Adjustment. Appeals shall be filed within ten (10) days of notification of the Director’s decision in accordance with the rules prescribed by the Board of Adjustment. Notice shall be given and a public hearing shall be held to consider the appeal in conformance with Section 35-70 of this Ordinance. 2. Appeals of a Board of Adjustment decision shall be appealed to the Circuit Court within the time period prescribed by §89.110, RSMo. 3. Appeals of a decision of the Planning and Zoning Commission shall be appealed to the City Council within the time period prescribed. Notice of the public hearing shall be given in conformance with Section 35-70 of this Ordinance. K. Withdrawal of Application. At any time prior to the hearing on an application, the property owner, property owner’s attorney, or representative of the property owner who has a notarized affidavit from the property owner authorizing the representative to make the request, may request in writing that the application be withdrawn from consideration. After a hearing is opened an applicant may request withdrawal; however, the body conducting a hearing shall decide whether or not to approve the request and may approve the request with or without prejudice. L. Deferral of Application. A property owner, property owner’s attorney, or representative of the property owner who has a notarized affidavit from the property owner authorizing the representative to make the request, may request up to one deferral of action on any application. An application submitted with insufficient information or one in which the response to comments from the Department or other agencies is inadequate may be deferred from further review and consideration by the Director. In the event of such a deferral, the Director shall provide a notice and explanation to the applicant. M. Action on Applications Requiring Notice. The decision-maker may take any action on an application that is consistent with the notice given, including approval, conditional approval or denial of approval of the application. The decision-maker may allow amendments to the application if the effect of the amendment is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. N. Expiration of Development Approval. Rev. 11/18/2014 35 - 142 1. 2. O. P. Time of Expiration. Unless otherwise specifically provided for in the Ordinance, development applications shall automatically expire, and all activities pursuant to such approval thereafter shall be deemed in violation of the Ordinance, when: a. the applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development improvement agreement application, including the failure to abide by specified time limits established therein; or b. the applicant fails to present a subsequent development application as required by this Ordinance within the time required. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date of approval. Extension Procedures. Unless otherwise prohibited by the Ordinance, the Director may extend the time for expiration of a development permit or approval for a period not to exceed two years from the date of the original decision granting approval, unless stated otherwise. Subsequent extensions may be made by the final decision making body upon finding that conditions at the time of approval have not changed. Post-Decision Proceedings. 1. Appeals of Action by Final Decision-Maker. Any appeal of a final action by the Director, Council, Commission or Board of Adjustment shall be filed within 15 days of the action being appealed, unless otherwise provided by law. 2. Stay of Action. An appeal stays all proceedings in furtherance of the action appealed unless the Director or other officer from whom the appeal was taken certifies to the Board of Adjustment, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in the Director’s opinion, cause immediate peril to life or property. 3. Minor Amendments and Revisions. The Director may approve minor amendments and revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the Director and are subject to appeal to the Board of Adjustment. Minor revisions that may be authorized are limited to those that are necessary in light of technical considerations discovered after the decision on the development application by the applicant or the Director. Minor revisions shall not result in higher densities, additional units or floor area, abandonments of easements or variance from the minimum standards of this Ordinance. Major amendments and revisions of a development proposal shall be reviewed by the approving body after a public hearing in accordance with the provisions of Exhibit 35-70 and Section 35-71 and other applicable sections of the Ordinance. Revocation of Permit or Approval. 1. Permits May Be Revoked. The final decision making body may revoke any development permit, including variance, conditional use permit, special exception permit, or other development permit granted under this Ordinance for (1) failure of the owner or applicant of the property to comply with any of the conditions imposed when the variance or permit was granted; or (2) discontinuance of the use by the applicant for a continuous period of nine months. 2. Duties of Director. If the Director determines that there are grounds for revocation of a development permit or approval, after a reasonable attempt to secure compliance, the Director shall prepare a report outlining the allegations as well as the attempt(s) to secure compliance and set a hearing date before the final decision-maker. a. Rev. 11/18/2014 If the decision was made by the Director, the hearing shall be conducted by the Board of Adjustment. 35 - 143 b. If the Council was the original decision-maker, the Council shall conduct the revocation hearing, however it may refer the proposed revocation to the Planning and Zoning Commission for a recommendation prior to the hearing. c. If the Board of Adjustment was the original decision-maker the revocation hearing shall be conducted by the Board of Adjustment. 3. R. a. If no hearing was held prior to obtaining the development permit notice of revocation shall be given only to the holder of the permit. b. Notice of the revocation hearing shall be given in the same manner as required for the original application. If a public hearing was conducted to obtain the permit, a revocation shall be processed in the same manner as the development permit was obtained. A revocation hearing may be scheduled for any regular or special meeting. c. The applicant shall be notified by certified mail and receive a copy of the Director’s report with the allegations. The owners of record within the notification area shall be notified by regular mail postmarked not less than ten days prior to the revocation hearing. 4. Decision and Notice. After the conclusion of the hearing, the decision-maker shall render a decision to (1) revoke the permit, (2) allow the applicant to retain the development permit, with or without corrective action; or (3) continue the hearing to a future specified date in order to obtain more information or to monitor corrective action. The decision shall be made in writing to the holder of the permit and any other person who has filed a written request for such notice. 5. Effect and Appeals. 6. Q. Notice and Public Hearing. a. If the applicant fails to take action to correct the alleged violations, the decision making body may direct the Director to revoke the permit, compel the structures or uses to be removed at the cost of the violator and secure a judgment against the applicant for such cost. b. A decision to revoke a development permit shall become final 15 days after the date the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of the Ordinance. Right Cumulative. The City's right to revoke a development permit, as provided in this Section, shall be cumulative to any other remedy allowed by law. Applications Filed In the Public Interest. Applications may be initiated by the Council, Planning and Zoning Commission, Board of Adjustment, City Agencies or City Staff subject to the following: 1. Applications initiated by the Council, or a City Board or Commission shall be accompanied by a resolution of the body pertaining to such application. 2. Applications initiated by City Staff shall be accompanied by a narrative pertaining to such application. 3. No fee shall be assessed for applications filed in the public interest. 4. Applications shall not be subject to the application deadline, except that the procedures established for notice and hearing requirements shall be followed, if required by Exhibit 35-70.A. Amendments. A permit shall be amended in the same manner as it was originally approved. Rev. 11/18/2014 35 - 144 Sec. 35-71. Site plan review. A. Purpose. The purpose of site plan review is to ensure that the new structures, utilities, streets, parking, circulation systems, and open spaces are developed in conformance with the standards of this Ordinance and the Comprehensive Plan. B. Applicability. No building permit shall be issued for a development until a site plan has been approved in accordance with this Section. A site plan shall be required for all land uses except those specifically exempted below, including new construction, exterior additions or changes in use to any main building, accessory building, structure, land, or parking lot. C. 1. Relationship to Conditional Use or Special Exception Use. When a Conditional or Special Exception Use application is reviewed, or when the Final Plan for a Planned Development is reviewed, the site plan review may be conducted concurrently with those reviews. 2. Change of use to a permitted use that does not result in an increased parking demand or increased traffic demand, 3. For non-residential properties, those remodeling projects which do not change the use or occupancy load of the building; 4. Fences and walls, if not part of an overall development plan, shall submit plans in accordance with Sections 35-59 and 35-72.D. 5. For residential properties, internal remodeling projects which do not change the occupancy of the building or the number of units. Application and Review Procedures. 1. A property owner or designated representative shall initiate site plan review initiation by filing an application with the Director and paying the filing fee, after the completion of a pre-application conference, if one is required. 2. Where a site plan is submitted for an individual phase of a development on a single parcel, the applicant shall also prepare a conceptual site plan for the remainder of the parcel. The conceptual site plan shall indicate the approximate location of development on the remainder of the parcel, together with proposed driveways, streets and drainage system. 3. Site plans may be prepared on one or more sheets to show clearly the information required by this article and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall indicate where the several sheets join. 4. Site plans shall include the information listed in Exhibit 35-71A or Exhibit 35-71B, as appropriate. The Director may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in his or her opinion, the inclusion of that requirement is not essential to a proper decision on the project. Rev. 11/18/2014 35 - 145 Exhibit 35-71A: Site Plan Content for Buildings with One, Two or Three Units on Individual Lots 1. The Applicant shall provide the following information a. Names, addresses and phone numbers of record landowners, consultants (engineer, architect, designer) and contractor. b. Date, north arrow and drawn to the scale noted on the plan. c. Property street address (if known); property description to include subdivision name, section and lot number; or if outside a platted subdivision, metes and bounds description with parcel dimensions or Assessor’s Parcel Identification Number (PID). d. Height of foundation, building height from top of foundation, number of floors, proposed square footage; finished floor elevations of proposed buildings; and elevation of lowest opening relative to the standard “0" elevation reference point. ** e. Proposed size and location of all buildings and extensions, including porticos, porches, decks and patios, showing actual setbacks from parcel lines, and number of dwelling units. f. Location and dimensions of existing and proposed driveways and parking spaces. g. Arrows showing anticipated direction of storm water run-off h. Estimated sanitary sewer fall from the proposed building to the sewer main. i. Other information pertinent to the project. 2. The Director will provide information on the following areas, to be incorporated into the site plan by the Applicant: a. Existing zoning district b. Map of subject lot from file showing parcel lines, and lot dimensions c. Street address assignment d. Required setbacks from parcel lines e. Location of existing or planned rights-of-way, easements, known utilities, City trails or greenways. f. Location of features within 10 feet of the site if it affects the site plan, including rights-of-way, easements, trails or greenways, location of existing or planned buildings structures, driveways and parking areas g. Sanitary sewers: Location, sizes, invert elevations, depths and types of existing and planned. h. Stormwater: Location, sizes, invert elevations, depths and types of existing and planned. i. Floodplain and floodways from Flood Insurance Rate Map (FIRM) or other source; FIRM date and panel number. j. Applicability of Conservation District, Historic District, Conditional Use Permit, Special Exception Permit or reports of other applicable City advisory body. k. Other information pertinent to the project. 3. If applicable, the following areas may require additional information and cooperation between the Applicant and the Director a. Stormwater drainage information sufficient to meet the requirements of Chapter 31. b. Floodplain development information sufficient to meet the requirements of Chapter 8. c. Landscaping and bufferyard plans ** Standard “0" Elevation Reference Point - Located on the lowest driveway, at the top of curb, on the side closest to the building Rev. 11/18/2014 35 - 146 Exhibit 35-71B: Site Plan Contents: Residential Buildings with Four or More Units, Non-Residential Uses, Conditional Uses and Special Exception Uses Content of Site Plan: Multiple Family, Non-Residential, Conditional Use, Special Exception 1. The proposed title of the project, street address, and owner(s) of the land, name of the engineer, architect, landscape architect, designer, and developer, as applicable. 2. Date, north arrow, and scale of not less that 1" = 20' if the tract is smaller than three acres and 1" = 100' if the site is larger than three acres. 3. A vicinity map indicating the location of the project at a scale of not less than 1" = 2,000' 4. Existing zoning, zoning district boundaries and proposed changes, if any. 5. Property information including (a) written description of subdivision name, section and lot number; or metes and bounds description of all property lines; (b) total land area of the site. 6. The property lines or boundaries of the project, including bearings and dimensions. 7. Location of existing easements; location of existing and proposed sanitary sewers and storm sewers, including sizes, invert elevations, depths and types; location of culverts; location of existing and proposed mains and service lines of utilities, including water, gas and electric; and any other underground or overhead features; location of major tree masses and major excavations on the subject site. 8. Uses of adjoining properties and names of owners; location of existing easements, trails or greenways, property lines, existing streets, driveways, parking lots, buildings, waterways, major excavations, major tree masses and other features on adjoining property and within 100 feet of the subject site. 9. Traffic circulation system, including the location, dimensions and character of construction of all streets, alleys, driveways, curb cuts, entrances and exits to parking areas and parking structures, number of parking spaces, and loading areas, pedestrian walkways and sidewalks; pavement classification type and thickness. 10. Recreation, parks, playgrounds, greenways, trails and open space areas, specifying the proposed improvement and uses of all such areas, including type of ownership and any connection to a public system. 11. The location and dimensions of all existing and proposed structures and buildings with respect to each other and lot lines; number of floors; heights; uses; and required setbacks. For large scale projects when the development is to be constructed in stages or units, the following shall be provided: (a) a preliminary plan, drawn to scale, but full dimensioning is not required, (b)a sequence of development schedule showing the order of construction of such stages or units, and (c) approximate completion date for each stage or unit. 12. A final statement in tabular form/chart which sets forth the following data, when applicable to a given development plan: (a) Total number of dwelling units, (b) Residential density and units per acre, (c) Total floor area (in square feet) and floor area ratio, (d) Total area in open space, (e) Total area in developed recreational open space, and (f) Total number of off-street parking spaces, required and provided and total off-street loading spaces, required and provided. 13. Location, character, size, height, and orientation of existing and proposed signs, or master sign plan, if applicable. 14. Existing topography with maximum contour interval of two feet, provided, however, that where existing ground is on a slope of less than two percent, then either one foot contours or spot elevations shall be provided. 15. Location of floodplain and floodways, other areas subject to flooding, waterways, centerlines of drainage courses, and elevations thereof. Rev. 11/18/2014 35 - 147 Content of Site Plan: Multiple Family, Non-Residential, Conditional Use, Special Exception 16. Stormwater drainage information sufficient to meet the requirements of Chapter 31. 17. Height, number of floors, proposed square footage and finished floor elevations of proposed buildings; both above and below or partially below the finished grade, and 18. Location, type and height of all existing and proposed fences and walls; plans and notes pertaining to landscaping and bufferyards, if required, including (a) Parking lot landscaping, Section 35-58.B.; (b) Screening, bufferyard. Section 35-59; (c) Specific use standards, Section 35-41. 19. Outdoor lighting systems plan and detail, if required. 20. A copy of private covenants and restrictions pertaining to use or construction of buildings and structures; 21. A copy of private covenants and restrictions pertaining to the use, maintenance and operation of any open space and recreation areas. 22. Reports or conditions of advisory body, board, commission or Council pertinent to the review. 23. Each plan sheet shall reserve a blank space three inches wide and five inches high for the use of the approving authority. D. Review Criteria. The application shall demonstrate that the proposed development shall comply with the following: 1. Adopted plans and policies, such as: a. The Comprehensive Plan and any applicable neighborhood plans; and b. The Thoroughfare Plan, Greenway System Plan and other applicable plans and policies of the City. 2. Adopted standards and technical manuals, such as: Storm Drainage Design Manual; Driveway Construction Standards. 3. Applicable purposes and intents and all development standards of this Ordinance, such as: 4. a. The underlying zoning district; and b. The Site Design and Improvement Standards of this Ordinance. Quality site design principles, such as: a. Structures and other site features shall be arranged to permit access by emergency vehicles to all buildings. b. The proposed plan shall demonstrate that essential services and roads, recreation and public safety service are available, or shall be available, as necessary to serve the needs created by the proposed development. E. Decision-maker. Refer to Exhibit 35-70A and the specific application type for information on the approval authority. Site plans shall be approved, conditionally approved or denied. F. Validity, Duration. 1. Site plan approval is valid for one year, and shall lapse one year from the date of site plan approval, unless a building permit is issued and construction is commenced. An extension may be granted upon a showing of cause by the applicant but for not more than six additional months. 2. Site plan approval shall be valid as long as the applicant retains a valid building permit. Rev. 11/18/2014 35 - 148 3. Upon completion of the project as approved, site plan approval shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application. Sec. 35-72. Staff approval - development permits. A. Planning Clearance. 1. Purpose. Planning clearances are intended to ensure that all development applications are consistent with the intent of the Comprehensive Plan and the provisions of City ordinances. 2. Applicability. No land shall be occupied or used, no building hereafter erected or modified, and no change of use shall be made in any building or part thereof, until a planning clearance has been issued by the Director. No building permit shall be issued to make a change unless the changes are in conformity with the provisions of this Ordinance. A planning clearance shall not be required for normal property maintenance that does not alter the structure. 3. Initiation. follows: 4. B. A request for a planning clearance may be initiated by the Applicant or the Director as a. At the applicant’s option, a planning clearance may be requested prior to submitting any other development application, or may be processed simultaneously with and within the same time frame as other applications if other applications have been submitted. b. A planning clearance for multiple lots in a single family residential subdivision may be issued simultaneously with the processing of a final subdivision plat, upon request by the applicant. Review Criteria. Planning clearances shall be in such form as prescribed by the Director. A planning clearance shall be approved by the Director if: a. The use is consistent with the land use and intensity established in the Comprehensive Plan for that property; b. The use is consistent with the Thoroughfare Plan, Greenway System Plan and other plans adopted by the City; c. The use or development is on a legally created lot or parcel; d. The use is authorized in the zoning district; and e. The development complies with the standards and conditions of applicable ordinances. 5. Decision-maker. The Director shall approve, conditionally approve or deny approval of all planning clearances. 6. Validity. Planning clearances issued in accordance with the provisions of this Section shall expire with the expiration of site plan approval, or the building permit application, as applicable; or within six months from the date of issuance if a business license has not been obtained. Building Permits. 1. Purpose. The purpose of the building permit regulations is to ensure that all structures comply with the provisions of this Ordinance and the adopted building code and any other applicable adopted health and safety codes, and other adopted regulations of the City, County, state or federal agencies. 2. Applicability. No person shall construct or modify a structure until a planning clearance and a building permit have been obtained. A building permit shall not be required for normal property maintenance that does not alter the structure. Rev. 11/18/2014 35 - 149 3. Review Criteria. The proposed structure shall: a. Have an approved planning clearance; b. Be constructed on a legally established parcel or lot; c. Have access to essential services, as defined in Article IX, to serve the use; d. Indicate that all applicable local, state and federal permits have been issued or are in the process of being obtained; e. Conform with the adopted building code, fire code, electrical code, mechanical code and any other applicable codes and policies adopted by the City, County, state and federal agencies; f. Be constructed and used in a manner that is consistent with: (1) the land uses and intensities established in the Comprehensive Plan; (2) the provisions of the adopted building code; (3) the provisions of this Ordinance; (4) the overall site plan approved for the development, if applicable. 4. Decision-maker. The Director shall approve, conditionally approve or deny approval of all applications for building permits. 5. Application and Review Procedures. 6. Rev. 11/18/2014 a. An application for a building permit may be submitted by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If the application is submitted by a person other than the owner in fee, the permit shall be accompanied by a duly signed and verified affidavit from the owner in fee authorizing the applicant to make the request for the permit. The permit application shall include a brief description of the project to be accomplished. The permit application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers. b. The application for a building permit shall be accompanied by the building plans showing the proposed work, drawn to scale, including such floor plans, sections, elevations and structure details, as the Director may require. A site plan, in conformance with Section 35-71, shall accompany the building permit application. The Director may waive this requirement for any internal remodeling project that is projected to cost less than $25,000 and that does not result in an increased parking demand or increased traffic demand. c. A plot diagram, prepared in a form and size suitable for filing permanently with the permit record, shall be submitted with the building permit application and for all residential buildings. It shall be drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction or, in the case of demolition, of the structures which are to be demolished, and of all existing buildings. Amendments and Adjustments. a. Amendments to the building plans may be filed at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application. If the amendment changes the building footprint or affects the site plan design, an amended site plan shall be required except as provided in this section. b. Field adjustments. Field adjustments for one-, two- and three-unit residential buildings may be authorized if such adjustments do not violate any provision or this chapter or alter the approved stormwater plan. 35 - 150 7. C. Completion of Buildings. a. Nothing contained in this Section shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of the Ordinance which adopted this Section. b. Residential and Non-Residential Construction. Buildings shall have been started within six months of the issuance of building permit; and the entire building completed within two years. 8. Condition of the Permit. All work performed under a permit issued by the Director shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plat of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. 9. Signatures on Permit. The applicant and the Director, or the Director’s designee, shall sign the permit. 10. Posting of Permit. A copy of the permit shall be kept on the premises open to public inspection during the work and until the completion of same. The Director may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. 11. Notice. The Director shall be given at least four hours notice of the starting of work under a permit. 12. Revocation. The Director may revoke a permit or approval issued under the provisions of this Section in case there have been any false statements or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. 13. Excavation Permit. No permit for excavation for any building shall be issued before application has been made for a building permit. 14. Validity. The building permit shall be valid for the use for which the building permit was granted, as long as the use is in compliance with applicable codes, providing that within six months of issuance of the planning clearance a Certificate of Occupancy has been applied for and obtained by the applicant. A one-time extension of six months may be granted by the Director. Certificate of Occupancy. 1. Purpose. The purpose of a Certificate of Occupancy is to ensure that all structures and uses comply with the permits issued for the development and the provisions of this Ordinance and shall be applied for concurrently with the application for a building permit. 2. Applicability. No vacant land shall be occupied or used, except for agricultural purposes, and no building or structure shall be occupied or used (including change of use) or hereafter erected or structurally altered until a Certificate of Occupancy has been issued by the Director. 3. Content of Certificate of Occupancy. The Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the building codes and health regulations and ordinances and the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Director and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. 4. Certificate of Occupancy Review Criteria. a. Rev. 11/18/2014 Comply with all adopted building codes, fire codes, electrical codes, mechanical codes and any other applicable codes and policies adopted by the City; 35 - 151 D. b. Conform with the approved plans and any conditions placed thereon by the Director; c. Successfully pass all required inspections which shall include, but not be limited to: (1) building (2) site (3) landscaping (4) parking (5) drainage and stormwater 5. Decision-maker. The Director shall approve, conditionally approve or deny approval of all applications for certificates of occupancy. 6. Issuance of a Certificate of Occupancy. The applicant shall notify the Director ten (10) days prior to the date of inspection for a Certificate of Occupancy. The Certificate of Occupancy shall be issued within five business days of the date of a satisfactory inspection documenting that the work is complete. 7. Issuance of a Temporary Certificate of Occupancy. a. A Temporary Certificate of Occupancy (TCO) may be issued by the Director for a period not exceeding six months. The applicant shall submit a written request for the TCO explaining the reasons for delay of completion of the work and the timetable for completion. The TCO shall not relieve the applicant of completion of the work as approved nor of the necessity to ensure safety of the occupants during the period of partial occupancy pending completion of the building. b. If site improvements can not be completed due to inclement weather, the Director may issue a Temporary Certificate of Occupancy for a period not to exceed six months, provided that the applicant provides security for all improvements that have not been completed equal to 125 percent of their value. The security shall be in the form of a cash deposit made to the City, or a letter of credit or disbursement agreement from an authorized financial institution. Fence Permit. 1. Purpose. The purpose of a fence permit is to ensure that fences are located and constructed in a safe, durable and aesthetically pleasing manner and in conformance with Section 35-59. 2. Applicability. No person shall erect a fence until a fence permit has been issued by the Director. Agricultural fences are exempt from the provisions of this Section. 3. Application and Review Procedures. Application requirements shall comply with those described in Section 35-70, except as follows: a. b. 4. (1) the method of construction and anchoring the fence, posts and gates; (2) the distance between the fence and the abutting property lines and right-of-way lines; and (3) the height of the fence. Fence permits shall expire one year from the date of issuance unless the fence has been constructed in accordance with the permit. Review Criteria. a. Rev. 11/18/2014 A fence plan shall show: All fences shall be designed, constructed and erected in conformance with the fence standards in Section 35-59. 35 - 152 5. E. b. Fences shall comply with the visual clear zone requirements of Section 35-55. c. No fence shall be permitted on right-of-way. Decision-maker. The Director shall approve, conditionally approve or deny approval of all applications for fence permits. Home Occupation Permit. 1. Purpose. The purpose of a home occupation permit is to ensure that all home occupations are conducted in a safe manner without adverse affects on adjacent residences. 2. Applicability. No person shall conduct a home occupation until a home occupation permit has been issued by the Director. Certain home occupations may require a conditional use permit which shall be applied for concurrently with the home occupation permit. 3. Application and Review Procedures. The applicant shall file a completed application in conformance with Article VII and shall provide the following additional information: a. b. Additional Information Required (1) Driveway location and dimensions and off-street parking, and if home occupation is to be a day care service, show the area proposed to be used for drop-off. (2) Location of existing and proposed fencing, bufferyards, and, if a day care home or day care service, the outdoor play area. (3) Interior floor plan showing the location of the home occupation, and, if day care, the child care area, kitchen, bathroom, entrances and exits. Written information to be included: (1) Name, address and phone number of the applicant. (2) Name, address and phone number of the owner of the property. (3) If applicant is not the owner, include a notarized statement from the owner that the applicant has permission to have a home occupation on the premises. (4) Indicate if the applicant resides on the property. (5) Days and hours of operation. (6) Number and names of persons who will be involved in the home occupation. (7) Approximate number of deliveries expected per week and type of delivery vehicle. (8) If a day care service, include the number, relationship and ages of the children to be in care. (9) Other licenses and permits applied for; day care service applicant to provide evidence that a State day care license has been applied for. 4. Review Criteria. The application shall be approved if the proposed home occupation will be conducted in conformance with the home occupation standards established in Section 35-41 of this Ordinance. 5. Decision-maker. The Director shall approve, conditionally approve or deny approval of all home occupation permits unless a conditional use permit is also required. 6. Validity. A home occupation permit shall be valid for one year and shall be renewed at the same time the city business license is renewed except that a home occupation permit for day care service shall be renewed every two years if it is also required to be licensed by the State. Rev. 11/18/2014 35 - 153 F. G. Temporary Use Permits. 1. Purpose. A temporary use permit is intended to ensure that temporary uses are conducted in a safe manner which mitigates potential adverse impacts on City infrastructure and adjacent properties. 2. Applicability. No person shall establish a temporary use until a temporary use permit has been obtained from the Director. The following temporary uses shall be exempt from the requirements of this section: a. Special events and activities conducted on public property such as school sites and City parks; and b. Christmas tree sales, seasonal greenhouses (accessory to established business), and seasonal sale of agricultural products. 3. Application and Review Procedures. The applicant shall file a completed application in conformance with Sections 35-70. The application shall describe the location and operation of the proposed temporary use in sufficient detail to ensure that the use shall be conducted in accordance with the temporary use regulations in Section 35-41. 4. Review Criteria. The applicant shall demonstrate that the proposed development shall comply with the following criteria: a. The uses are authorized temporary uses pursuant to Section 35-41; b. The use shall not be detrimental to the public health, safety and general welfare; c. The use shall not be located on publicly owned property unless the applicant first obtains applicable permits through the City or other public property owner; d. Adequate off-street parking shall be provided to serve the use. The entrance and exit drives comply with this Ordinance, except that paving shall not be required for a temporary use; e. Structures and/or display of merchandise: (1) shall comply with the yard and property line setback requirements of the zone district within which the use is located; (2) shall not interfere with the visual clear zone of the intersection, in conformance with Section 35-55; and (3) shall not use the public right-of-way for any activity but site access. f. For temporary sales, a sales tax license shall be obtained from the Missouri Revenue Department; g. A City business license shall be obtained; and h. Signage for temporary uses shall be in conformance with Chapter 3, Advertising and Signs. 5. Decision-maker. The Director shall approve, conditionally approve or deny approval of all temporary use permits. 6. Validity. A temporary use permit shall be valid for a maximum period of six months and shall be neither transferable nor extendable. Telecommunications Facility Permit. 1. Purpose. The purpose of a telecommunication facility permit is to ensure that the antennas and antenna tower are installed safely, do not pose potential burdens on the public, and comply with the standards of Article IV, Section 35-42. 2. Applicability. The placement of telecommunications facilities is a permitted use or a permitted accessory use in several districts as set forth in Exhibit 35-28 and Section 35-42. Applications for permitted uses shall adhere to the application and review procedures of this Section. Rev. 11/18/2014 35 - 154 3. H. Application and Review Procedures. a. Applications for a telecommunications facility permit shall be made on the appropriate forms to the Director and accompanied by a payment of the telecommunication facility permit review fee as outlined in Appendix Y. Deposit of funds for reimbursement of professional services, as outlined in Appendix Y, shall be submitted with telecommunication facility permit applications for new towers or if requested by city staff for other telecommunication facility permit applications. In addition to the above, upon request by the Director, an applicant shall deposit with the City such additional amounts reasonably necessary to reimburse the City for such anticipated costs and fees for legal, engineering or other contractual or other consultant services determined by the City to be needed in review or action on the application. No application for an administrative permit under this section shall be deemed complete until the applicant has paid all fees and deposits required under this Section. Any amount not used by the City shall be refunded to the Applicant upon written request after a final decision. b. The applicant shall submit, along with its completed application form, a detailed site plan, based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscaped areas, hydrologic features, and the coordinates and height AGL of the existing or proposed telecommunication facility. c. The application shall be reviewed by the Director to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility. In the event of an incomplete application, the Director shall notify the applicant that their application is incomplete within 30 days. d. The Director shall issue a decision on the permit within 90 days of the date of application for applications requesting co-locations or 150 days for all other applications or the application shall be deemed approved unless the time period for review and action is extended in writing by the Director or Approval Authority for reasonable cause. The Director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to effectuate the purposes of this Chapter. The Director may consider the purposes of Section 35-42 and the factors established therein for granting a telecommunication facility permit, as well as any other considerations consistent with Section 35-42. A decision to deny an application shall be made in writing and state the specific reasons for the denial. 4. Appeals. Unless otherwise required by law, appeals from the decision of the Director shall be made first to the Board of Adjustment in accordance with Section 35-73.C regarding appeals from administrative decisions. Final decisions of the Board of Adjustment shall be subject to judicial review pursuant to Chapter 536, RSMo. 5. Validity. The telecommunications tower permit shall be valid as long as the facility is in use and is in compliance with all applicable city and federal regulations. Change of Use Permit. 1. Rev. 11/18/2014 Purpose. The purpose and intent of this regulation are to: a. ensure that the proposed change of use is in conformance with the provisions of the Zoning Ordinance, the adopted Comprehensive Plan and other adopted plans. b. ensure that affected review agencies may review the proposed change of use; 35 - 155 c. ensure that applicable standards of the adopted building code and the fire code can be complied with; and d. ensure that a planning clearance is issued. 2. Applicability. This regulation shall apply to a change of use of the principal use of a building or land to another use of a building or land, as defined in Article IX. No vacant land shall be used or occupied and no building shall be occupied or used until a change of use permit has been issued. 3. Application and Review Procedures. Application requirements shall comply with those described in Sections 35-70 except as follows: 4. a. Provision of adequate on-site parking shall be required for any proposed use requiring more parking than the existing use, except when projected parking demands are increased by fewer than five spaces. b. When the property does not comply with existing landscaping standards, the Director may waive up to ten percent of the required parking spaces if additional landscaped area is provided at a ratio of 200 square feet per parking space Exhibit 35-73A waived. c. The change of use permit shall be valid for the use for Process which the planning clearance was granted, as long as the use is in compliance with applicable codes, providing that within six months of issuance of the clearance a certificate of occupancy has been obtained by the applicant. Conditional Use Permit Review Criteria. The application shall demonstrate that proposed structure has been constructed and shall be used in conformance with the Ordinance, adopted building codes, fire codes, electrical codes, mechanical codes and any other applicable codes and policies adopted by the City. In addition: a. The change of use shall be to a use permitted within the zoning district in which it is proposed. b. Proposed accessory uses for the proposed change of use shall conform with standards as set forth in Article IV. 5. Decision-maker. The Director shall review all applications for change of use and shall approve, conditionally approve or disapprove all such applications except those involving nonconformities which require a Special Exception Use permit. 6. Change in Use, Nonconforming Use. a. A change of use permit may be approved by the Director for a nonconforming use only if the change in use is to a principal use permitted in the district. Once the change from a nonconforming use to a principal permitted use is completed, no conversion back to the previous non-conforming use shall be permitted. b. Change of use from one nonconforming use to another nonconforming use shall be processed as a Special Exception Use permit and in accordance with Section 35-65B. Such applications shall be referred to the decision making body with a recommendation from the Director. Sec. 35-73. Administrative approval - development permits. A. Conditional Use Permit. 1. Rev. 11/18/2014 Purpose. The purpose of conditional use review is to allow the City to exercise some control over the extent of certain activities which, although desirable in limited quantities, could have a detrimental effect on the community if the uses were permitted to exist in large numbers or in 35 - 156 certain locations. Therefore, these regulations provide for restrictions or conditions that may be imposed to reduce or mitigate the potential problems associated with the use or its location in relation to the neighboring properties. A conditional use is not a use by right. Applicability. 2. 3. 4. Rev. 11/18/2014 a. A conditional use, once approved, goes with the land for the approved use only, unless the permit is revoked due to violations enumerated in subsection 35-73.A.7. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved. b. An established use which has been reclassified from a permissive to a conditional use by this Ordinance shall be permitted to expand onto contiguous land under the ownership of the established use on the effective date of this ordinance. Such expansion may include, but is not limited to, new buildings, building additions, parking lots, and other projects related to and associated with the established use. Such expansion shall be subject to site plan review by staff, outlined in Section 35-71. Expansion of the use onto land acquired after May 6, 2002 shall be subject to the conditional use permit process outlined in this Section. Preapplication Meeting Application Submittal Schedule Public Hearing Public Notice Staff Review Agency Review Application and Review Procedures. a. The application shall be submitted with a site plan in conformance with Sections 35-71. The Director shall forward a copy of the complete application and site plans to the Director of Public Works for review. If a zoning amendment is required or requested, such application shall accompany the application for a Conditional Use Permit. b. Once the Director has determined that the application is complete, it shall be forwarded with the site plan to the Board of Adjustment for review at a public hearing. Board of Adjustment Hearing Decision Findings of Fact. No conditional use shall be approved unless the Board of Adjustment finds the following: a. The proposed use is consistent with the goals, objectives and policies of the Comprehensive Plan; and b. The proposed use complies with all applicable provisions of the zoning district regulations and shall conform to the general intent and purpose of the Zoning Ordinance; and c. The proposed use complies with all fire, health, building, plumbing, electrical and stormwater drainage regulations of the City and regulations of County, state and federal agencies; and d. The proposed conditional use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and e. The proposed use is compatible with and preserves the character and integrity of adjacent development and includes improvements to mitigate adverse development-related impacts, 35 - 157 such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods; and 5. f. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood; and g. Adequate utilities exist to serve the proposed conditional use. Conditions that the Board of Adjustment May Impose. The Board may impose conditions on the use in order to ensure that the use complies with any applicable standards of this Ordinance for the use that include, but may not be limited to the conditions listed below: Exhibit 35-73B Variance Procedures a. No conditional use shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new Conditional Use Permit in accordance with the procedures set forth in this Section. b. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required. c. Signage for the use may be limited to protect the neighborhood character. A residence in which one or more home occupations has been permitted shall be limited to one sign, attached to the building, with a maximum size of one square foot, regardless of the number of home occupations operated from the residence. d. Due to the operational intensity and nature of the proposed use and the physical development characteristics, the height, bulk and lot coverage, shall be as specified in the permit. e. The building materials and architectural style of the building and related structures shall be consistent with and similar to those of adjacent buildings and as specified in the permit. f. The Board may determine the type and extent of the bufferyard, and whether a bufferyard is required to mitigate impacts of a proposed conditional use upon adjacent properties, using Section 35-59 as a guide. 6. Decision-maker. The Board of Adjustment shall review the Conditional Use Permit application and any other proposed action related to the permit at a public hearing in conformance with Section 3570, and shall approve, conditionally approve or deny approval of the permit after its hearing. The minutes of the hearing shall reflect the findings of fact demonstrating the reason for the Board’s decision. Upon approval of the request, the Board shall authorize the Director to issue the Conditional Use Permit which shall state the conditions and restrictions so that reasonable control may be exercised over the use. 7. Revocation of a Conditional Use Permit. Any permit by the Board is subject to revocation for any or all of the following reasons. Rev. 11/18/2014 a. Non-compliance with any conditions imposed on the Conditional Use; or b. Violation of any provisions of this Section and the Zoning Ordinance pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the applicant or his or her tenants. 35 - 158 c. 8. Rehearing Procedures. Rehearing requests shall be processed in accordance with Section 35-70. 9. Validity. a. The Conditional Use Permit shall run with the land after approval, unless the Board specifically places expiration date on the permit. b. The Board may extend a permit for a maximum period of one year if the applicant requests the extension in writing at least 30 days before the expiration of the permit. The request shall be included on the agenda for the next scheduled Board agenda according to the filing calendar. c. B. If the Director determines that the Conditional Use is in violation of the reasons listed, he or she shall prepare a report stating the reasons and forward it to the Board for a public hearing in accordance with Section 35-70. If after one year of issuance of the conditional permit the construction or use has not commenced, revocation proceedings shall be commenced, using the procedure outlined in Section 3570. an Variances. 1. Purpose. Variances provide a mechanism for relief from the strict application of this Ordinance when it would result in exceptional hardship. 2. Applicability. The Board of Adjustment shall hear and decide requests for variance from the provisions of this Zoning Ordinance, Chapter 3, Advertising and Signs, and Chapter 8, Article VI, Flood Hazard Regulations. 3. Application and Procedures. The application shall be filed and processed in accordance with the procedures set forth in §§89.080 through 89.110, RSMo., and any rules adopted by the Board of Adjustment. The application shall be on a form supplied by the Director. The application shall be signed by all owners of the property and shall include: 4. Rev. 11/18/2014 a. The correct legal description of the property, b. The current zoning of the property, c. The name, address and phone number of at least one property owner, and d. A clear description of the request. e. In all instances where new construction is involved or where yard or parking variances are requested, a sketch site plan, drawn to scale, showing existing and proposed buildings with their distances from property lines shall be attached to the application. Preapplication Meeting Application Submittal Schedule Public Hearing Public Notice Staff Review Board of Adjustment Hearing Appeal to Appellate Body Obtain Variances Permit Establish Use / Obtain Building Permit & Construct Findings. a. Applicant's responsibilities. When requesting a variance, it shall be the responsibility of the applicant to show how the premises or particular circumstance fully meets all of the findings the Board is required to make. b. Required findings, general. Before granting any variance, the Board shall find the proposed variance, if granted, would: 35 - 159 Agency Review c. (1) Not eliminate an adequate supply of light or air to adjacent property, substantially increase congestion in the public street, increase the danger of fire, or endanger the safety of the public; and (2) Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood; and (3) Be in keeping with the general spirit and intent of this chapter. Specific findings. In addition to the general findings, the Board shall also apply the following specific findings, as applicable: (1) Variance to Density and Dimensional Standards of Section 35-51. The Board shall also find, before granting a variance to any density or dimensional standard that there are practical difficulties associated with the premises which under strict and literal adherence to the provisions of this chapter would cause the applicant an unnecessary hardship. (2) Variance to the height regulations. In addition to the general findings, the Board shall also find that the height of the proposed building or structure will not violate any air space height restrictions. In the case of an amateur radio antenna or support structure, the Board in its decision-making process shall make a concerted effort to: (a) (3) Strike a balance between the federal interest promoting amateur radio communications and the city's legitimate interest in regulating zoning matters; and (b) Make a reasonable accommodation between the federal and city interest. Variance to the fence height regulations. The Board shall find, before granting a variance to the fence height regulations, that the applicant has conclusively demonstrated that: (a) (4) (5) The specific use of the fence requires a height greater than permitted by this chapter, and (b) The variance, if granted, would be the minimum necessary for the fence to serve its purpose. Variance to the number of required off-street parking spaces; required specific findings and maximum permitted reductions. In addition to the general findings, the Board shall also find, before granting a variance to the number of off-street parking spaces required by this chapter, that the applicant has conclusively demonstrated that the specific use of a building does not necessitate the total number of required off-street parking spaces. The reduction in the number of spaces which may be authorized by the Board shall not be more than 5 spaces or fifty percent (50%) of the usual requirement, whichever is greater (Ord. No. 15344, §2, 11-17-2014) Variance to the location of required off-street parking spaces. In addition to the general findings, the Board shall also find, before granting a variance to the location requirements for off-street parking, that the applicant has conclusively demonstrated that: (a) (b) 5. Rev. 11/18/2014 Strict compliance with the location requirements would create an unnecessary hardship, or The use associated with the parking does not necessitate close proximity between the parking and the use. Extent of variance limited and conditions which may be imposed. 35 - 160 a. Extent of variance limited. A variance, if granted, shall be limited to the minimum variance necessary to resolve, in whole or in part, the particular problem of the applicant. b. Minimum practical regulation. The Board's decision, including conditions imposed, if any, shall represent the minimum practicable regulation needed Exhibit 35-73C to carry out the intent of this chapter. c. Conditions. In granting a variance, the Board may impose such conditions upon the premises receiving the variance as may be necessary to ensure that the variance will not: Special Exception Use Permit Approval Process (1) 6. C. Be unduly injurious to the use and enjoyment of other property in the immediate vicinity. (2) Have a significant adverse affect on property values in the neighborhood. (3) Endanger or be detrimental to the public health, safety or general welfare of the citizens of the city. Decision-maker. The Board of Adjustment may grant variances after a public hearing held in conformance with Section 35-70. 7. Rehearing Procedures. Rehearing requests shall be processed in accordance with Section 35-70. 8. Validity. A variance shall run with the land after approval. If after one year of issuance of the variance the construction or use has not commenced, revocation proceedings shall be commenced, using the procedure outlined in Section 35-70. Appeals from Administrative Decisions. Any person, including any officer or agency of the City of Jefferson City, aggrieved by an interpretation of this Ordinance by the Director may request appeal of the decision in accordance with this Section. 1. Approval Criteria. In granting an appeal to an administrative interpretation, the Board of Adjustment shall determine whether the decision or interpretation by the Director was in accordance with the intent and requirements of this Ordinance. 2. Decision-maker and Decision. The Board of Adjustment shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the Director, the Board shall state the rationale for its decision. 3. Application and Review Procedures. Requests for an appeal shall be filed in the office of the Director on the forms provided, in accordance with Section 35-70. The following information shall be included with the application: 4. a. The applicant shall provide a written statement citing the specific provision(s) of this Ordinance the applicant believes the Director has incorrectly interpreted and the applicant's own interpretation of the provision(s). b. The appropriate fee shall be submitted with the request as may be approved by the Council. c. The Director shall prepare a report detailing the specific provision(s) of this Ordinance that are in question, his or her interpretation of the provision(s) and the general basis of the interpretation. d. The Director shall schedule the appeal to be heard by the Board of Adjustment. The Board shall hold a public hearing in conformance with Section 35-70 and render a decision after the close of the hearing. Rehearing Procedures. Rehearing requests shall be processed in accordance with Section 35-70. D. Special Exception Use Permit. Rev. 11/18/2014 35 - 161 1. Purpose. Special exception uses are those uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration, and require the imposition of conditions to ensure the appropriateness of the use at a particular location. 2. Applicability. a. b. Approval of a Special Exception Use Permit shall be deemed to authorize only the particular use for which the permit is issued. c. No use authorized by a Special Exception Use Permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new Special Exception Use Permit in accordance with the procedures set forth in this Section. d. 3. 4. Rev. 11/18/2014 The designation of a use in a zoning district as a special exception use does not constitute an authorization or assurance that such use will be approved. Development of a special exception use shall not be carried out until the applicant has secured all the permits and approvals required by this Section or by county, state or federal agencies. Application and Review Procedures. Application requirements and processing procedures shall comply with those described in this Section and Section 35-70. Review Criteria. No special exception use may be approved or established unless the Planning and Zoning Commission shall find that the use: a. is consistent with the purpose and intent of the Zoning Ordinance; and b. is consistent with the Comprehensive Plan; and c. shall not substantially and permanently injure the appropriate use of neighboring property; and d. shall serve the public convenience and welfare; and e. shall not over burden the municipal services; and f. shall not cause traffic, parking, population density or environmental problems; and g. shall not adversely affect the health, safety and welfare of the community. 35 - 162 Preapplication Meeting Application Submittal Schedule Public Hearing Public Notice Staff Re vie w Agency Re vie w Planning and Zoning Commission Hearing City Council Hearing Decision 5. Conditions that May Be Imposed on the Special Exception Use. Conditions may be imposed on a special exception use. Generally, the conditions applied include the following: a. The operation of the use may be limited; b. Performance standards may be imposed to ensure that the potential incompatibilities created by the special exception use are mitigated; and c. The site design and layout may be adjusted to mitigate potential negative impacts on the neighboring properties. 6. Decision-maker. The Planning and Zoning Commission shall review the request at a public hearing in conformance with Section 35-70 and make a recommendation to the Council. The Council shall review the request at a public hearing and may approve, modify or deny approval of the application. The minutes of the hearing shall reflect the findings of fact based on the review criteria, demonstrating the reason for the Council’s decision. 7. Revocation of a Special Exception Use Permit. Any permit granted under the authority of this Section is subject to revocation in accordance with Section 35-70.P for any or all of the following reasons: Rev. 11/18/2014 a. Non-compliance with any conditions imposed on the special exception use; b. Violation of any provisions of this Section and the Zoning Ordinance pertaining to the use of land, the construction or use of buildings or structures or activities conducted on the premises by the applicant or his or her tenants; and c. Violation of any other adopted Ordinances, regulations, resolutions or ordinances of the city, county, state or federal law agencies by the applicant or his or her tenants, provided that such violations relate to the conduct or activity authorized by the Special Exception Use Permit or the qualifications of the applicant or his or her tenants to engage in such conduct or activity. 35 - 163 Sec. 35-74. Legislative approval - development permits. A. Comprehensive Plan Amendments. 1. Purpose. The Comprehensive Plan and Development Plan Land Use Map (also known as the Development Plan) may be amended from time to time to ensure they are consistent with the stated goals, objectives and policies included in the Plan. The Council may establish a schedule prescribing when and how frequently Comprehensive Plan and Development Plan Land Use Map amendments will be considered. 2. Applicability. All proposed amendments to the text of the Comprehensive Plan or Development Plan Land Use Map shall comply with the provisions of this Section. Any proposed development that is inconsistent with the goals and policies of the Comprehensive Plan or Development Plan Land Use Map shall first receive approval of a Comprehensive Plan amendment. 3. Application and Review Procedures. a. b. c. d. Amendments to the Comprehensive Plan text or Development Plan Land Use Map may be initiated by the Director, by the Planning and Zoning Commission, by the Council or by petition of an owner of property located in the City. Preapplication Meeting Application Submittal Schedule Public Hearing Before any application is made, the applicant shall confer with the Director to discuss, in general, the procedures and requirements for a Comprehensive Plan amendment request. A Comprehensive Plan text amendment application shall include a written report that addresses each criteria listed in Section 35-74.A.4 , and the proposed amendment, the name and address of the person(s) proposing the amendment, and the reasons for the amendment. A Comprehensive Plan map amendment application shall include a written report and proposed map amendment that address all the review criteria in Section 35-74.A.4. (Ord. No. 13518, §1, 4-7-2003) 4. Review Criteria. The following criteria shall be considered when reviewing a Comprehensive Plan amendment application: Rev. 11/18/2014 Exhibit 35-74A Comprehensive Plan Amendment Approval Process a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission’s original premises and findings made upon plan adoption. c. Whether the change is consistent with the goals, objectives and policies of the Plan. d. Whether events subsequent to the Comprehensive Plan adoption have changed the character and/or condition of the area so as to make the application acceptable. e. Whether the change is needed to improve consistency between the Comprehensive Plan and other adopted plans. 35 - 164 Public Notice Staff Re vie w Agency Re vie w Planning and Zoning Commission Hearing City Council Hearing Decision Re c ording of Ce rtifie d Copy of Am endm ent 5. f. Whether public and community facilities, such as utilities, sanitary and storm sewers, water, police and fire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal, and others are adequate to serve development for the type and scope suggested by the proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. h. Whether there will benefits derived by the community or area by the proposed zone. Decision-makers. a. b. Rev. 11/18/2014 Planning and Zoning Commission Action. (1) The Planning and Zoning Commission shall hold a public hearing in conformance with Section 35-70 on each proposed Comprehensive Plan amendment. (2) When the Planning and Zoning Commission deems it necessary or expedient, the Commission may consider other property for a change or amendment of plan category in addition to the property described in the application provided that such additional property is included in the hearing notices. (3) In determining its recommendation of whether the proposed amendment shall be approved, the Planning and Zoning Commission shall consider the review criteria established in Section 35-74.A.4. (4) All actions of the Planning and Zoning Commission shall be in conformance with §89.360, RSMo. Council Action. (1) The Council shall schedule a public hearing at which it may approve, modify or deny the proposed amendment. (2) The Council shall consider the review criteria established in Section 35-74.A.4 when making its decision. If the Plan amendment is approved, future amendments to the Zoning Map shall be consistent with the approved Comprehensive Plan amendment. 35 - 165 B. Amendment of Zoning Ordinance Text and Zoning Map. 1. Purpose. Amendments of Zoning Ordinance Text and Zoning Map may be beneficial from time to time to better achieve the goals of the Comprehensive Plan and to more effectively provide for growth in a manner that is consistent with the Comprehensive Plan. 2. Applicability. All proposed amendments to the text of this Ordinance and Zoning Map shall comply with the provisions of this Section. 3. Application Requirements. Application requirements and processing procedures shall comply with those described in Section 35-70 with the following modifications: a. b. c. 4. Rev. 11/18/2014 An application for a text amendment may be initiated by the Council, Planning and Zoning Commission, City staff or any owner of property within the City. The application shall be accompanied by a written report that addresses each of the criteria listed in Section 35-74.B.4. An owner of real property within the City, or that owner's authorized representative, may apply for an amendment to the zoning district boundaries (rezoning) for that landowner's property. Such amendments also may be initiated by the Planning and Zoning Commission, City staff or the Council. The Commission or the Council may add additional property to be rezoned if it deems it necessary or expedient to the purpose of the Ordinance. All property to be rezoned shall be addressed in the public notice in accordance with Section 35-70. The process for the Zoning Map amendment shall be as shown in Exhibit 3574.B. In the case of a protest against changes in the regulations or restriction, or changes in the zoning district applicable to particular land, which protest is filed with the City Clerk at least 24 hours prior to the Council’s vote on the change and is signed by 30 percent or more of the property owners, either of the areas of the land (exclusive of streets, alleys and public rights-of-way) included in such proposed change or within 185 feet distant from and parallel to the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two thirds of the entire membership of the Council. Exhibit 35-74B Zoning Text and Zoning Map Amendment Approval Process Optional Preapplication Meeting Application Submittal Schedule Public Hearing Public Notice Staff Review Agency Review Planning and Zoning Commission Hearing City Council Hearing Decision Review Criteria. The following criteria shall be considered when reviewing an application to amend the Zoning Ordinance text and Zoning Map: a. The existing zoning was in error at the time of adoption. b. There has been a change in character in the area due to installation of public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions. c. There is a community need for the proposed rezoning. d. The proposed change is consistent with, and in furtherance of, the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Ordinance and other City regulations and guidelines. 35 - 166 5. C. e. The proposed zoning is compatible with the zoning and uses of property nearby. f. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. g. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. h. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. i. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. j. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. k. Benefits shall be derived by the community or area proposed to be rezoned Decision-maker. The Director and the Planning and Zoning Commission shall review the application at a public hearing in conformance with Section 35-70 and shall make recommendations to the Council. The Council shall approve, conditionally approve or deny approval of the application for the Zoning Ordinance text amendment or Zoning Map amendment. Planned Unit Development. 1. Purpose. The Planned Unit Development district may be applied to residential, commercial, industrial and mixed use projects to provide design flexibility not available through strict interpretation of the standards established in Article II. At the time a Planned Unit Development district is created, the City shall establish an underlying zone, which shall serve as a basis for use, density and design criteria. Design flexibility is provided through the Planned Unit Development district to enhance long-term community benefits that may be achieved through high quality development that provides: a. More efficient infrastructure. b. Reduced traffic demands. c. More usable public or private open space. d. Recreational amenities. e. Needed housing choices. The Planned Unit Development District process, as shown in Exhibit 35-74.C, involves three phases described in this Section. 2. Rev. 11/18/2014 PUD Concept Plan. a. The purpose of a PUD Concept Plan is to reduce conflict and address City plans and projects in the vicinity of the proposed PUD. b. A PUD Concept Plan is an optional, but encouraged first step prior to an application for Planned Unit Development District zoning. The purpose of a Concept Plan is to demonstrate conformance with the Comprehensive Plan, compatibility of land use and coordination of improvements within and among individually platted parcels, sections, or phases of a development prior to the approval of a Preliminary Plan. An applicant may apply to the Director for approval of the Concept Plan. 35 - 167 If the applicant requests approval of a Concept Plan, the application shall include a PUD Concept Plan for the entire property or tract. The applicant may file a combined PUD Concept Plan with a PUD Preliminary Plan or Final PUD Plan for a portion of the property, as determined applicable by the Director at a preapplication conference. The Council reserves flexibility in making determinations regarding PUD rezoning applications. Depending upon the detail of the submittal attached to the rezoning petition, and the amount and type of impact potentially created by the Concept Plan, the Council may: 3. Rev. 11/18/2014 (1) Approve a specific density and land use mix at the Concept Plan stage. (2) Approve only a "design density" at the Concept Plan stage, which sets the maximum density, fully contingent upon approval of the subsequent submittal. The design density does not constitute a commitment to approve subsequent submittals. The specific density shall then be established at the time of the subsequent submittal. c. Application requirements and processing procedures shall comply with those described in Section 35-70. The Concept Plan shall be valid for one year; however, the Planning and Zoning Commission may approve extensions upon finding that conditions have not substantially changed since the original approval. d. A Concept Plan application and submittal shall be reviewed based on criteria established in Section 35-27 as well as the criteria for zoning changes, Section 35-74.B.4, and the criteria for a Preliminary Plan in Section 3574.C.3. e. The Planning and Zoning Commission shall approve, conditionally approve or deny approval of all applications for a Concept Plan. PUD Preliminary Plan. a. A PUD Preliminary Plan constitutes a major step in the review process. A rezoning application shall be submitted with the PUD Preliminary Plan application. The accepted "design" density indicated in the Concept Plan approval cannot be presumed as a matter of right from the PUD zoning designation, but shall be justified at the preliminary stage through site and structure design. The Council may limit the density on all or any portion of a PUD if it determines that the design fails to fulfill the purposes of this Ordinance and Section. All required perimeter rights-of-way shall be dedicated at the time the Preliminary Plan is approved. b. Application requirements and processing procedures shall 35 - 168 Exhibit 35-74C: Planned Unit Development District Approval Process comply with those described in Section 35-70 and Section 35-71, with the following modifications: c. Rev. 11/18/2014 (1) If the PUD Preliminary Plan proposes multiple phases, specific densities shall be assigned to each phase. Density at each preliminary phase shall be justified by specific design. Density from one phase may be shifted to another phase subject to Council approval. The Council, in approving the PUD Preliminary Plan, may conduct the first reading of the rezoning ordinance for the area described in the PUD Preliminary Plan. (2) If a PUD Preliminary Plan is approved, the applicant shall submit a Final PUD Plan and Subdivision Plat application in accordance with the approved development schedule. (3) The City may require that a homeowners association or corporation be created to maintain and administer the project's lands or facilities. Articles of Incorporation and Restrictive Covenants shall be recorded at, or prior to, the recording of the Final PUD Plan and Plat. The Homeowners Association shall be required to maintain all common space in reasonable order and condition on a timely, consistent basis. The Preliminary Plan for the Planned Unit Development District shall show: (1) The scale and north point. (2) Boundaries of the property to be developed. (3) The names of the owners of the property and the individual or firm responsible for the preparation of the Preliminary Plan. (4) The existing zoning of the tract and the zoning of properties which are within 200 feet of the boundaries of the property. (5) The location, type and size of structures, on properties within 200 feet of the boundaries of the property. (6) Acreage of the property to be included in the Planned District. (7) Existing contours on an interval of not more than five feet and not less than two feet. (8) The location and direction of drainage of all water courses and a drainage plan with sufficient information to indicate the intent of the owner. (9) The location of existing and proposed sanitary sewers. (10) The proposed size, location, height, use and arrangement of all buildings except single-family dwellings; the location and capacity of off-street parking areas, entrance and exit driveways and their relationship to existing and proposed streets; building lines; easements; common land and open space; and proposed streets, alleys and pedestrian ways. (11) Proposed landscaping and buffer zones. (12) Provide for the dedication of any right-of-way for the widening, extension or connection of major streets as shown in the Thoroughfare Plan. (13) Date and signature lines for execution by the Commission Chairman and the Director of Planning and Protective Services to show the date of Plan approval. 35 - 169 d. e. A PUD Preliminary Plan shall: (1) Comply with the criteria established in Section 35-27, as well as the criteria for rezoning, Section 35-74.B.4 and Preliminary Plat approval in the Subdivision Code. (2) Comply with the approved Concept Plan, if applicable; and (3) Establish the underlying zoning, mix of uses, density, layout, design and phasing of the proposed Planned Unit Development. The Planning and Zoning Commission shall review the application at a public hearing in conformance with Section 35-70 and shall make recommendations to the Council. The Council shall approve, conditionally approve or deny approval of all applications for a PUD Preliminary Plan. (3) f. Rev. 11/18/2014 The City may require that a homeowners association or corporation be created to maintain and administer the project's lands or facilities. Articles of Incorporation and Restrictive Covenants shall be recorded at, or prior to, the recording of the Final PUD Plan and Plat. The Homeowners Association shall be required to maintain all common space in reasonable order and condition on a timely, consistent basis. The Preliminary Plan for the Planned Unit Development District shall show: (1) The scale and north point. (2) Boundaries of the property to be developed. (3) The names of the owners of the property and the individual or firm responsible for the preparation of the Preliminary Plan. (4) The existing zoning of the tract and the zoning of properties which are within 200 feet of the boundaries of the property. (5) The location, type and size of structures, on properties within 200 feet of the boundaries of the property. (6) Acreage of the property to be included in the Planned District. (7) Existing contours on an interval of not more than five feet and not less than two feet. (8) The location and direction of drainage of all water courses and a drainage plan with sufficient information to indicate the intent of the owner. (9) The location of existing and proposed sanitary sewers. (10) The proposed size, location, height, use and arrangement of all buildings except single-family dwellings; the location and capacity of off-street parking areas, entrance and exit driveways and their relationship to existing and proposed streets; building lines; easements; common land and open space; and proposed streets, alleys and pedestrian ways. (11) Proposed landscaping and buffer zones. (12) Provide for the dedication of any right-of-way for the widening, extension or connection of major streets as shown in the Thoroughfare Plan. (13) Date and signature lines for execution by the Commission Chairman and the Director of Planning and Protective Services to show the date of Plan approval. 35 - 170 g. h. 4. A PUD Preliminary Plan shall: (1) Comply with the criteria established in Section 35-27, as well as the criteria for rezoning, Section 35-74.B.4 and Preliminary Plat approval in the Subdivision Code. (2) Comply with the approved Concept Plan, if applicable; and (3) Establish the underlying zoning, mix of uses, density, layout, design and phasing of the proposed Planned Unit Development. The Planning and Zoning Commission shall review the application at a public hearing in conformance with Section 35-70 and shall make recommendations to the Council. The Council shall approve, conditionally approve or deny approval of all applications for a PUD Preliminary Plan. Final PUD Plan and Subdivision Plat. a. The Final PUD Plan and Final Subdivision Plat shall act as the blueprint for development of a Planned Unit Development District project over the length of time the project is developed. The Plan and the Plat ensure that consistency with the Comprehensive Plan and adopted codes is maintained during the period of development and construction. b. Application requirements and processing procedures shall comply with those described in Section 35-70 with the following modifications: (1) Upon final approval, the Plan and Plat shall be recorded in accordance with the Subdivision Code. The Final Plat shall contain all of the following information which is pertinent to the PUD: the setbacks, a list of approved and/or specifically excluded uses, and any pertinent conditions or stipulations which were previously made or imposed. The ordinance creating the PUD and the underlying zoning shall become effective upon recording of the Final Plat. (2) All proposed publicly- or commonly-owned site improvements such as, but not limited to, those listed below, shall be included in the adopting ordinance or development improvements agreement (if used), improvements guarantee, and development schedule (see Section 35-75): (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) 3) c. Unless the time limit established by the final development schedule has expired, building permits for buildings which conform to the recorded Final PUD Plan may be issued. If the time limit established by the final development schedule has expired, the requirements of Section 35-26 shall be met prior to issuance of any building permits. Content of the Final Plan. The Final PUD Plan for a Planned Unit Development District shall show: (1) Rev. 11/18/2014 road grading, surfacing, signing, lighting; curbs, gutters; sidewalks, pedestrian walks, trails, associated structures; sanitary sewers stubbed to each lot; water lines stubbed to each lot, including fire hydrants; drainage structures/improvements; open space improvements, facilities, landscaping; structures, parking areas; irrigation water system for open space, if required; and irrigation water delivery system for all lots, if required. All required PUD Preliminary Plan information. 35 - 171 d. e. 5. Rev. 11/18/2014 (2) The seal of an architect or engineer registered to practice in Missouri. (3) A drainage and grading plan which complies with the Stormwater Drainage Chapter. (4) The proposed arrangement of off-street parking stalls. (5) A landscape planting plan with the scientific name of all two inch caliper trees, shrubs and groundcover which are to be used to satisfy off-street parking and landscape buffer requirements. (6) The general configuration, height, size, type and location of all proposed signs, walls and fences. (7) By notation or drawing, the architectural style and the proposed surface materials to be used on the exterior of all buildings. (8) Date and signature lines for execution by the Commission Chairman and the Director of Planning and Protective Services to show the date the Plan was recommended for approval. (9) The Final PUD Plan will be approved when it is in accordance with the approved Preliminary Plan and any conditions imposed by the Commission or Council provided that items (1) through (7) of this subsection are furnished and approved by Council. Approval Criteria. A Final PUD Plan shall comply with: (1) The criteria established in Section 35-27 in addition to the criteria for rezoning and preliminary plat approval; and (2) The approved Preliminary Plan. Decision-maker. The Final PUD Plan requiring a rezoning or construction of public improvements shall be reviewed by the Planning and Zoning Commission at a public hearing in conformance with Section 35-70. The Commission shall make its recommendation to the Council. The Council shall approve, conditionally approve or deny approval of all applications for a Planned Unit Development District Final Plan and Plat. If no rezoning or construction of public improvements is proposed and the Final Plan meets the approval criteria, the Final Plan will not be required to be reviewed by the Commission and may be approved by the Director. Amendments to the Final PUD Plan. a. No changes may be made to the approved Final PUD Plan except upon application to the appropriate agency or agencies under the procedures set forth in this Section. b. Minor changes may be authorized by the Director under the following conditions, providing those changes are required by engineering, technical, or other circumstances not originally foreseen at the time the Final PUD Plan was approved. The term "minor changes" as used in this Section is considered to represent changes which do not alter the overall characteristics of the total plan and which create no adverse impacts on adjacent uses or public services and facilities. Some examples of what can be considered as minor changes are: (1) changes in location and type of landscaping and/or screening so long as the approved character and intent is maintained; (2) changes in the orientation of portions of parking areas so long as the effectiveness of the overall site circulation and parking is maintained; parking areas shall be relocated not closer than 20 feet to any residential structure or ten feet to any 35 - 172 street or right-of-way lines; and the number of parking spaces shall not be reduced by the relocation. (3) changes in the location of sidewalks and pathways, provided that continuity of pedestrian circulation remains; (4) the reorientation, but not complete relocation, of major structures; or (5) changes resulting in a decrease of building separation or setbacks so long as those changes will not impact adjacent properties or uses. c. Application requirements and processing procedures shall comply with those described in Section 35-70, except that the applicant for a minor change to a Final PUD Plan shall provide the Director with envelopes containing Notice of the Requested Change which are stamped and addressed to each person who testified concerning the project at any prior public meeting. The Director shall mail this notice a minimum of seven days prior to taking any action on the request. d. No minor change authorized by this Section may cause any of the following: (1) change in the permitted uses or of development character; (2) increased overall coverage of structures; (3) increased intensity of use; (4) increased demand for traffic circulation and public utilities; (5) decrease in public or private open space; (6) decrease in provisions for off-street parking, loading and screening thereof; (7) decrease in pavement and sidewalk widths; (8) increased numbers of dwellings; or (9) increased deviation from the minimum design standards established in Section 35.26. e. The Director shall approve, conditionally approve or deny approval of all applications for a minor change. f. All other changes to the approved Final PUD Plan shall be deemed "major" and shall be approved only by the Planning and Zoning Commission or, upon appeal, the Council after review of a revised Final PUD Plan and/or Plat. (1) No amendments may be made in the approved Final PUD Plan unless the applicant establishes that such amendments are required as a result of: (a) (b) (c) (2) (3) Rev. 11/18/2014 changes in conditions which occurred after Final PUD Plan approval; changes in the development policy of the community; or by conditions that were reasonably unforeseen at the time of Final Plan approval. Application requirements and processing procedures shall comply with those described in Section 35-70, except that any changes which are approved for the Final PUD Plan and/or Final Plat shall be recorded as amendments to the previously recorded Final PUD Plan and/or Final Plat. The Director and the Planning and Zoning Commission shall make recommendations to the Council which shall approve, conditionally approve or deny approval of all applications for a major amendment to a Planned Unit Development. The Council shall adopt an ordinance amending the ordinance that originally approved the Final PUD Plan. This ordinance shall be recorded. 35 - 173 6. Lapse of Plan and Rezoning. If a Planned Unit Development, or any portion thereof, has not been completed in accordance with an approved development schedule (a "lapse"), the Director shall schedule the project before the Planning and Zoning Commission at which time a revocation of all prior approvals shall be considered. If the Planning and Zoning Commission determines that a lapse has occurred, the Director shall initiate revocation proceedings in accordance with Section 35-70. The Director may, if he or she deems it appropriate, initiate, without owner consent, a zoning change to the underlying zone. 7. Development According to the Final PUD Plan. No building permit shall be issued on any site unless a site plan has been submitted and approved in accordance with the provisions in Section 3571, and unless such site plan conforms with the conditions of the adopted Final PUD Plan. 8. Review of Plans for Planned Districts Designated Prior to this Ordinance. 9. a. Vacant land. Property that is vacant land zoned under a previous zoning code as C-4 Planned Commercial, M-3 Planned Industrial, or PUD Planned Unit Development District that has no approved plan shall be reviewed under the process required in Section 35-74.C and as a Special Exception Use, Section 35.73.D or may be rezoned in accordance with Section 35-74.B. b. Prior-approved plans. Property zoned C-4 Planned Commercial, M-3 Planned Industrial, or PUD Planned Unit Development District with plans approved before adoption of this Ordinance may be developed as originally approved. If amendments to the plan are requested by the applicant, the plan amendments shall be reviewed as required for plan amendments in conformance with Section 35-74.C.5. c. Designation of Zoning District for Prior Planned Districts. The district designations for all planned districts designated prior to this Ordinance shall be modified to “PUD” on the Official Zoning Map. (1) Property with previously approved plans. Property with previously approved plans shall be designated with “PUD” plus the appropriate development file or case file number. (2) Vacant land with no approved plan. Property which is vacant land for which no plan has been approved shall be designated with “PUD-0" until such time as a new plan is approved, or the property is rezoned. Transfer in Ownership. The requirements, restrictions, conditions and provisions of the approved Planned Unit Development Concept Plan, Preliminary Plan and Final Plan shall be binding upon the owners, their heirs and assigns and future owners until such time as the City may release such limitation on the use of the subject property under the procedures provided herein. Sec. 35-75. Development agreements. A. Development Agreements Authorized. The Director may defer the requirement for the completion of required improvements if the applicant enters into a Development Agreement by which the applicant agrees to complete all required public improvements in accordance with an agreed-upon schedule. The Director may require the applicant to complete and dedicate some required public improvements prior to approval of a Final Plan or Final Plat and to enter into a Development Agreement for completion of the remainder of the required improvements. The City Counselor shall approve any Development Agreement as to form and legality. B. Agreement to Run with the Land. The Development Agreement shall provide that the requirements contained therein shall run with the land and bind all successors, heirs and assignees of the applicant. The Development Agreement shall be recorded with the County Recorder in the County in which the property is located All existing lien holders shall be required to subordinate their liens to the guarantees contained in the Development Agreement. 35 - 174 Rev. 11/18/2014 C. D. Performance Security. 1. Whenever the Director permits an applicant to enter into a Development Agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of a cash deposit made to the City or a letter of credit or disbursement agreement from an authorized financial institution. 2. The guarantee shall be in an amount estimated by the Director of Planning and Protective Services as reflecting 120 percent of the cost of the improvements in the approved construction plan and shall be sufficient to cover all promises and conditions contained in the Development Agreement. 3. In addition to all other security, when the City participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City as a co-obligee. 4. The issuer of any guarantee shall be subject to the approval of the City in accordance with adopted policies. Release from Development Agreement and Certificate of Completion. 1. Release of Development Agreement and Guarantee. 2. a. The applicant shall submit a written request for a release from the Development Agreement for the portion which has been accepted for maintenance by the appropriate agency. This request shall be accompanied by proof of acceptance for maintenance and proof that there are no outstanding judgments or liens against the property. b. The Council, or its authorized representative, shall review the request. If the requirements of the Development Agreement concerning that portion requested for release have been complied with, the appropriate document of release shall be recorded with the County Recorder's Office in the County in which the project is located. c. Release from the Development Agreement does not constitute a Certificate of Completion and Release of Responsibility. Certificate of Completion and Release of Responsibility. Upon expiration of the limits of responsibility established in this Ordinance, the applicant may request a Certificate of Completion and Release of Responsibility from the appropriate agency. Sec. 35-76. Annexations. A. B. C. D. E. F. Purpose. In accordance with state statutes, land may be annexed or de-annexed from the City as deemed appropriate by the Council. Applicability. Any lands to be added to or deleted from the corporate limits of the City shall comply with this Section. Application and Review Procedures. Application requirements and processing procedures shall comply with those described in applicable state statutes. A summary of these procedures is available from the office of the Director. Review Criteria. The application shall meet all applicable statutory and city administrative requirements. A complete copy of these requirements is available from the office of the Director. Decision-maker. The Planning Commission shall review the application at a public hearing in conformance with Section 35-70 and shall make recommendations to the Council. The Council shall approve, conditionally approve or deny approval of all applications for annexation or contraction of the municipal limits. Zoning of Annexed Properties. 1. Voluntary Annexations and Annexations by Petition. Land that is voluntarily annexed or annexed by petition shall be classified as RU Rural Use District, unless a plan is submitted for its use with the annexation petition. Where a land use plan is submitted, a zoning plan shall be processed simultaneously with the petition for annexation. Rev. 11/18/2014 35 - 175 2. Involuntary Annexations and City-Initiated Annexations. Land that is involuntarily annexed by the City shall be zoned in accordance with the Plan of Intent to a district that is consistent with existing development patterns, Comprehensive Plan and Development Plan Map. 3. Nothing herein shall preclude the filing of an application for rezoning after the property has been annexed. Sec. 35-77. Vested rights determination. A. B. C. D. Purpose. The vested rights determination procedure is intended to determine whether an applicant has acquired a protected status that requires the City to permit a development to proceed contrary to existing or amended land use regulations. Applicability. The determination of vested rights applies to developments and permits that were approved or issued or were in the process of being approved on or before the date of the adoption of this Ordinance. Application and Review Requirements. The Director shall prepare a report detailing the specific provision(s) of this Ordinance that are in question, his or her interpretation of the provision(s) and the general basis of the interpretation. 1. A legal description of the subject property and the names of the legal and equitable owners; 2. The duration of the development approval and the conditions that shall result in revocation; 3. The uses permitted on the property, including population densities and/or building intensities and height; 4. A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date any new facilities, if needed will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; 5. A description of any reservation or dedication of land for public purposes; 6. A description of all development approvals, permits, or other local or state approvals needed for the proposed development; 7. A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the preservation and protection of the public health, safety, or welfare; 8. A statement indicating that the omission of a limitation or restriction shall not relieve the applicant of the necessity of complying with all applicable City, state and federal laws; 9. A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development; and 10. A statement that the City shall review progress pursuant to the development approval at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development approval. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development approval, the approval may be revoked or modified by the City, after a public hearing which has been noticed by publication, and for which notice has been expressly provided to the applicant. Review Criteria. The application shall be denied unless the applicant demonstrates compliance with the following criteria: 1. Entitlement to development approval on the basis of detrimental reliance, i.e., the initial application for development approval was made by the applicant and approved by the City; the City had an opportunity to require the applicant to submit relevant information, including, but not limited to, adequate public facilities data; the applicant has proceeded in good faith; and no approvals or permits have lapsed or been revoked; or 2. Rev. 11/18/2014 Entitlement to development approval on the basis of other vested rights under any applicable state law. 35 - 176 E. F. Decision-maker. The Planning and Zoning Commission shall review the application at a public hearing in conformance with Section 35-71.D and shall make recommendations to the Council. The Council shall approve, conditionally approve or deny approval of all vested rights determinations. If the applicant is found to be vested, the Council shall enter into a Development Agreement with the applicant specifying the terms of continued development. If the applicant is found to be not vested, the development application for which the applicant made the vested rights claim shall be considered void. Validity. A vested rights determination shall be valid for the term specified in the Development Agreement. If the applicant fails to enter into a Development Agreement, the vested rights determination shall be valid for two years. Secs. 35-78 - 35-79. Reserved. Rev. 11/18/2014 35 - 177 ARTICLE VIII. ENFORCEMENT, VIOLATIONS AND PENALTIES Sec. 35-80. Authority to enforce zoning ordinance. A. B. C. Enforcement Official. The provisions of this Ordinance shall be administered and enforced by the Director of Planning and Protective Services or the Director’s designee. Action of the Director. The Director may institute any proper action or proceedings to enforce this Ordinance pursuant to §89.120, RSMo., and any other appropriate authority. Cooperation of Other Officials. The Director may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other departments, including but not limited to the Director of Planning and Protective Services for street, traffic and other transportation matters, the Finance Director, in business license and other finance related matters, the Chief of Police in enforcing orders and other police matters, and the City Prosecutor in prosecuting violations, or other officials. (Ord. 13600, §18, 9-2-2003) Sec. 35-81. Violations and penalties. The remedies provided in this Article for violations of any provision of this Ordinance, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Except as otherwise provided in this Ordinance, any development or use initiated after adoption of zoning in the City, or maintained in violation of this Ordinance, which is not in compliance with the provisions of this Ordinance is prohibited and shall be referred to herein as an "unlawful" development or use. Sec. 35-82. Types of violations. Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided for in this Article: A. Use, Structure or Sign Without Permit or Approval. To place any use, structure or sign upon land that is subject to this Ordinance without all of the approvals required by this Ordinance. B. Activities Inconsistent with this Ordinance. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign or other regulation of this Ordinance. C. Activities Without Permit or Approval. To engage in any development, construction, remodeling or other activity of any nature upon land that is subject to this Ordinance without all of the approvals required by this Ordinance. D. Activities Inconsistent with Permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity. E. Activities Inconsistent with Conditions. To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization. F. Making Lots or Setbacks Nonconforming. To reduce or diminish any lot area so that the size, setbacks or open spaces shall be smaller than prescribed by this Ordinance. G. Increasing Intensity of Use. To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this Ordinance. H. Failure to Remove Signs or Other Improvements. To fail to remove any sign or other improvement installed, created, erected or maintained in violation of this Ordinance, or for which the sign permit has lapsed. Sec. 35-83. Enforcement. A. Procedure. Whenever the Director finds that any of the provisions of this Ordinance are being violated, he or she shall notify, in writing, the person(s) responsible for such violations, indicating in the notice the nature of Rev. 11/18/2014 35 - 178 B. the violation and the actions ordered to be taken to correct the violation. The Director shall take such actions or issue such orders or directives as are authorized by this Ordinance to insure compliance with or to prevent violations of its provisions. Actions, Orders and Directives. The Director shall have the authority to establish priorities for the abatement of zoning violations and implement appropriate procedures or remedies as provided in this Article to abate the violations. In addition to all other powers conferred upon the Director by this Ordinance, he or she shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this Ordinance. Failure of the alleged violator to promptly comply with such lawful orders or directives shall be deemed a violation of this Ordinance, punishable as provided in Section 35-87 and §89.120, RSMo. The following remedies and enforcement powers may be used by the Director, or the Director’s designee, to administer and enforce this Ordinance: 1. No Action. After careful consideration of the facts and circumstances, the Director may authorize no action be taken on a complaint of an alleged zoning violation. 2. Agreement to Abate. The Director may enter into an agreement with a violator to abate the violation within a certain time frame based upon certain conditions within the agreement. 3. Notice and Order. The Director may issue a notice and order to the violator ordering the cessation of the illegal condition within the time period designated in §89.120.3, RSMo. 4. Withholding of Permits. a. Withholding of Permits on Sites With Uncorrected Violations. The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This enforcement provision shall apply regardless of whether the current owner, owner’s agent, tenant or lessee, or applicant is responsible for the violation in question. b. Withholding of Permits from a Person as a Result of Uncorrected Violations. The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of this Ordinance. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation. 5. Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization, the City may grant such authorization subject to the condition that the violation be corrected. 6. Revocation of Permit. Written notice of revocation shall be served upon the owner, the owner’s agent, tenant or lessee, or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location. Thereafter, no such construction shall proceed. Any development permit or other form of authorization required under this Ordinance may be revoked when the Director determines that: 7. Rev. 11/18/2014 a. there is departure from the plans, specifications, or conditions as required under terms of the permit; b. the development permit was procured by false representation or was issued by mistake; or c. any of the provisions of this Ordinance are being violated. Stop Work. With or without revoking permits, the City may order work to discontinue on any building or structure on any land on which there is an uncorrected violation of a provision of this Ordinance or of a permit or other form of authorization issued hereunder. 35 - 179 8. Revoke Plan or Other Approval. Where a violation of this Ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Council may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance with this Ordinance, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Council may reasonably impose. 9. Injunction and Abatement. The City, through its authorized agents, including the Director of this Ordinance, may initiate injunction or abatement proceedings or other appropriate action in the Circuit Court against any person who fails to comply with any provision of this Ordinance, or any requirement or condition imposed pursuant to this Ordinance, to prevent, enjoin, abate, or terminate violations. The City may seek a court order in the nature of mandamus, abatement, injunction or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation. 10. Municipal Court Action. The Director may issue a General Ordinance Complaint to the violator requiring appearance in the Municipal Court for abatement of the violation. Sec. 35-84. Notification procedures. Whenever a violation of this Ordinance occurs, the Director, or other authorized representative, shall give written notice of such violation either personally or by regular United States mail to the owner(s) of such premises, or to the person(s) responsible for such violation and may post such notice on the premises. The letter shall direct that within ten days following receipt of the written notice, the violation shall be corrected. If after such time, but within five days, the violation continues or reoccurs, the City may issue a General Ordinance Complaint. If the violation is abated, but occurs again at a later date, the City is not required to renotify the same violator of the same violation. Sec. 35-85. Right of entry. The Director, or the Director’s designee, shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his or her duties in the enforcement of this Ordinance, including abatement of zoning violations. Sec. 35-86. Separate offenses may by charged. Each day that a violation remains uncorrected after receiving notice of the violation from the City shall constitute a separate violation of this Ordinance. Sec. 35-87. Penalties. The owner or general agent, tenant or lessee, of a building or premises, or any part thereof, where a violation of any provision of this Ordinance has been committed or shall exist, or architect, builder, contractor or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that said violation continues. But, if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $500.00 for each and every day that such violation shall continue. If the offense is found to be willful, on conviction thereof, the punishment shall be a fine of not less than $250.00 for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violations shall continue, or by both such fine and imprisonment in the discretion of the court. Any person who, having been served with an order to 35 - 180 Rev. 11/18/2014 remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the regulations made under authority of this Ordinance in the respect named in such order, shall also be subject to a civil penalty of $250.00. Sec. 35-88. Remedies cumulative. The remedies and enforcement powers established in this Ordinance shall be cumulative. Sec. 35-89. Reserved. Rev. 11/18/2014 35 - 181 ARTICLE IX. DEFINITIONS Sec. 35-90. Purpose of definitions. The purpose of definitions is to simplify the text of the Ordinance to precisely establish the meaning of a word or term to avoid confusion, misinterpretation, vagueness and ambiguity, and to make abstract technical terms meaningful to the reader. In certain case where federal and state regulations apply, the definitions used in the federal or state regulation or Statute will be used to avoid confusion and avoid conflicts. Words not defined in this section shall be defined by reference to the Webster’s Third New International Dictionary Unabridged, 1993. Sec. 35-91. Abbreviations. The words and terminology used in the Ordinance may from time to time be abbreviated for the sake of brevity. The Ordinance will first address these terms in their entirety and follow them with their abbreviation or acronym. Certain abbreviated terms are addressed in this section. Sec. 35-92. Definitions. AASHTO. American Association of State Highway and Transportation Officials. Abutting. For the purpose of this Ordinance, abutting shall mean property joined at a common boundary. Act. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 and as may, from time to time, be amended. AGL. Above ground level. ANSI. American National Standards Institute. ASTM. American Society for Testing and Materials. Accessory Building/Structure. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. See Exhibit 35-92A for an example of an accessory building. An accessory structure also includes fences, pergolas, decks, arbors and the like. Accessory Use. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. Adequate Public Facilities. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of Exhibit 35-92A - Accessory Structure, the proposed subdivision as determined by the Council based upon Building specific levels of service adopted by the City. Adjacent. For the purpose of this Ordinance, adjacent shall mean lying near or next to the property boundary, exclusive of land within the public right-of-way. Agribusiness. Any agricultural business or activity described in the definition of agricultural activity. Agricultural Activity. Agricultural activity, including forestry and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, and fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots and animal kennels. Airport. A place where airplanes can take off and land, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers. Aliquot. A fractional part of section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section. Rev. 11/18/2014 35 - 182 Alley. A public or private thoroughfare which affords only a secondary means of access to abutting property. Amusement Center. A place in which games including, but not limited to, pinball machines and similar coinoperated machines, electronic video games, table games, billiard tables, skating, bowling and membership sports and health clubs are made available for use by the public. Amusement Park. A facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, restaurants and souvenir sales. Antenna. Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than two meters in diameter (mounted within 3.66 meters or 12 feet of the ground or building-mounted) and any receive-only home television antenna. Antenna Support Structure. Any building or other structure other than a tower which can be used for location of telecommunications facilities. Apartment House. A building divided into three or more dwelling units. Apartment, Efficiency. An apartment building where each individual living unit contains no more than one habitable room with a kitchen and bathroom. Aquifer Recharge Area. The outcropping part of the aquifer through which water enters. Assisted Living Facility. Residences, for the frail elderly or for the sheltered care of persons with special needs, that provide rooms, meals, personal care and supervision of self-administered medication. Facilities may provide a combination of services such as recreational activities, financial services, social and personal counseling and transportation. Atrium House. Dwelling units constructed around an open court or central hall. The atrium may be open to the sky or enclosed in glass. Bar or Tavern. An establishment serving liquor by the drink on the premises deriving over 50 percent of gross revenue from the sale of alcoholic beverages. Basement. A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than by a janitor employed on the premises. See exhibit 35-92B for an example of the location of a basement. Exhibit 35-92B - Basement: When “A” is Bed and Breakfast Home. Overnight lodging and morning meal greater than “B” in a dwelling unit for compensation, in accordance with Section 35-41.B, where not more than two guest rooms are provided. Bed and Breakfast Inn. Overnight lodging and morning meal for travelers in a dwelling unit for compensation, in accordance with Section 35-41.B, where three or more guest rooms are provided. Berm. A mound of earth or the act of pushing earth into a mound. Also used as a verb to describe the act of building a mound of earth for screening or a landscape buffer. Exhibit 35-92C provides an example of a berm. Board. Means Board of Adjustment as established in Article VII of this Ordinance. Boarding House. A building, other than a hotel or apartment hotel, where for Exhibit 35-92C - Berm compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons. BOA. Board of Adjustment. Building. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. Buildable Width. The width of the lot left to be built upon after the side yards are provided. Cabinet. A structure for the protection and security of communications equipment associated with one or more antenna where direct access to equipment is provided from the exterior and that has a horizontal dimensions that do not exceed four feet by six feet, and vertical height that does not exceed six feet. Revised 11/18/2014 35 - 183 Caliper. The diameter of a tree trunk.. See Exhibit 3592D for an example of measuring the caliper of a tree. Capacity. The maximum number of vehicles that can be accommodated by a given major roadway during a specified time period under prevailing roadway, traffic and control conditions at the adopted level of service. Car Wash. A structure containing facilities for washing automobiles. Cellar. That part of a building having more than one-half of its height below the average grade of the adjoining Exhibit 35-92D - Caliper ground. See Exhibit 35-92E for an example of how a cellar is located. Change of Use. Any use that substantially differs from the previous use of a building or land. Church. A building or structure, or group of buildings or structures that are primarily intended for conducting organized religious services and associated accessory uses. City. The City of Jefferson, a municipal corporation, in the State of Missouri. Clinic. An outpatient establishment where patients are not lodged overnight but are admitted for examination and treatment by one or more physicians, dentists or medical professionals including chiropractors, psychologists or social workers. Club. Buildings and facilities owned or operated by a Exhibit 35-92E - Cellar: When “B” is greater corporation, association, person or persons for a social, than “A” or When “B” is equal to “A” educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. Cluster Development. A design technique whereby buildings are concentrated on a part of the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally-sensitive features. Cluster Subdivision. A form of development that provides reduced lot area and bulk without an increase in the number of lots provided or overall density under a conventional subdivision and with the remaining land area devoted to open space, active recreation, preservation of environmentallysensitive areas, or agriculture. Exhibit 35-92F provides an example of a cluster subdivision. Code. The Code of the City of Jefferson, Missouri. College. An educational institution authorized by the state to award post high school associate and secondary degrees. Commercial Feed Lot. A confined area or structure used for feeding, breeding or holding livestock for eventual sale, but not including barns, pens or other structures used in a dairy farm operation. Commercial Use. Activity involving the sale of goods or services carried out for a profit. Exhibit 35-92F - Cluster Subdivision Commission. The Planning and Zoning Commission of Jefferson City, Missouri. Committed Development. A project that has received a building permit, final development order, or final concurrency determination. Common Open Space. An open space area within or related to a developed site, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may at times contain complementary recreational structures and improvements for the use and enjoyment of residents and owners of the development, as may be approved under a planned-unit or similar plan. Communications. The transmission, between or among points as specified by the user, of information of the user’s choosing, without change in the form or content of the information as set or received, by wire, radio, Revised 11/18/2014 35 - 184 optical cable, electronic impulses, or other similar means. As used in this definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols. Community Residence. A single family dwelling unit occupied by more than 5 persons, who may not be related by blood, marriage or adoption, who live as a single housekeeping unit the same as a family. Community residences include assisted living facilities for elderly persons, elder homes, hospices, shelters and other group living arrangements, but for the purposes of this ordinance, do not include group homes, penal halfway houses or treatment facilities for substance abuse which are defined separately. Community Service. Uses of public, nonprofit, philanthropic or charitable nature generally providing a local service to people of the community. Compostable Materials. Leaves, grass clippings, yard and garden vegetation but not stumps, roots or vegetation with intact root balls. Composting Site. A place where the public may bring compostable material which is then recycled into usable compost. Conditional Use. A use allowed in a zoning district after a permit is granted by the Board of Adjustment upon showing that the use will comply with standards established in Article VII. Condominium. A building, or group of buildings in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all owners on a proportional, undivided basis. Condominium Development. A development in which individual ownership in fee is restricted to that which is within the walls or designated bounds of a unit, and collective ownership applies to all other land and facilities beyond the individual units. A residential structure in a condominium development is: (1) a single family dwelling if the structure contains one dwelling unit; (2) a two family dwelling if the structure contains two dwelling units; (3) an apartment if the structure contains three or more dwelling units; or (4) a multiple dwelling if the structure contains three or more dwelling units. Contractor and Trade Shop. Shop with storage of materials and goods for eventual sale or installation off-site for the use of contractor or tradesman such as upholsterer, plumber or electrician. Convenience Store. Small store serving persons in adjacent areas and limited to the sale of limited grocery items, magazine, newspapers and other limited items where gasoline sales may or may not be permitted. Council. The City Council of Jefferson City, Missouri. Courtyard. An open space more than one-half of which is surrounded by buildings. Crematorium. A location containing properly installed, certified apparatus intended for use in the act of cremation. Cultural Facilities. Establishments that document the social, religious, intellectual and artistic manifestations that characterize society, including museums, art galleries and botanical and zoological gardens. Day Care. The care of a person away from his or her own home on either a commercial or non-commercial basis for custodial, educational, religious or other purposes for any part of a 24-hour day, providing that nothing herein contained shall be construed as applying to the regularly established public or parochial schools, colleges, universities, academies or seminaries. a. Day Care Center, Adult. A facility other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for adults for part of the 24-hour day. b. Day Care Home, Adult. A dwelling occupied as a permanent residence by the provider, in which family-like care is provided to seven (7) but not more than the (10) adults for part of the 24-hour day. c. Day Care Service, Adult. A dwelling occupied as a permanent residence by the day care provider, in which family-like care is given to no more than six (6) adults for part of the 24-hour day. d. Day Care Center, Child. A facility other than the provider’s permanent residence, or separate from the provider’s living quarters, where care is provided for children for part of the 24-hour day. For the purposes of these regulations, a day care center includes child care centers and group child care homes as defined and regulated by Missouri Department of Health, Chapter 210 RSMo. e. Day Care Home, Child. A dwelling occupied as a permanent residence by the provider, licensed by the State of Missouri Division of Family Services, in which family-like care is given to seven (7) children but not more than ten (10) children not related to the provider for any part of the 24-hour day. f. Day Care Service, Child. A dwelling occupied as a permanent residence by the day care provider, in which family-like care is given to no more than six (6) children not related to the day care provider for part of the 24-hour day. Revised 11/18/2014 35 - 185 Decibels or dBA. Decibel is a unit of sound pressure level used to express the noise level and a reference quantity is implied. The reference level is a sound pressure of twenty micro-newtons per square meter. Development. Any man-made alteration of existing land use or change to improved or unimproved real estate including, but not limited to, building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development Agreement. An agreement between the City and an applicant through which the Council agrees to vest development use or intensity. Development Plan. The future land use plan of the City of Jefferson, Missouri Comprehensive Plan. Director. The Director of Planning and Protective Services of the City or a designee. Public Works Director. The Director of the Department of Public Works of Jefferson City or a duly authorized representative. Disguised Support Structure. Any free-standing, man-made structure designed for the support of Antennas, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flag poles and artificial trees. Display, Outdoor. see Outdoor Display. District. A part of the City wherein zoning regulations of this Ordinance are uniform. Dog Day Care and Grooming, Indoor Operations - A facility providing such services as canine day care for part of a day, obedience classes, training, grooming, or behavioral counseling, with no overnight boarding and all animal runs and pens completely contained within and accessed from inside an enclosed building. Dormitory. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institution. Drive-In Use. An establishment or facility that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or to obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile. Drive-In, Drive-Through Use. An accessory or principal use which provides its sales and/or services to individuals in automobiles. Drive-In Theater. An open lot devoted primarily to the showing of motion pictures on a paid admission basis to patrons seated in automobiles. Duplex. A dwelling containing two single-family dwelling units with totally separated housekeeping and cooking facilities for each. Dust Collection System. An air pollution control device to trap fugitive dust. Dwelling. Any building or portion thereof which is designed and used for residential purposes by an individual or a family. Dwelling, Multiple. A building designed for or occupied exclusively by three or more families. Dwelling, Single Family. A building designed for or occupied exclusively by one family. Dwelling, Two Family. A building designed for or occupied exclusively by two families. Dwelling Unit. Any building or portion thereof having one or more habitable rooms which are designed and arranged to be occupied by one family with facilities for living, sleeping, cooking, eating, and sanitation. Easement. An authorization by a property owner for another to use a designated part of his or her property for a specified purpose. Engineer. Any engineer licensed by the State of Missouri. Equine. For the purpose of these regulations, horse, pony, mule or donkey. (Ord. No. §1, 5-18-2009) Essential Services. Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. The services include underground, surface, or overhead electrical, gas, steam, water, sanitary sewer, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, main drains, vaults, culverts, laterals, cisterns, sewers, pipes, catch basins, water storage tanks, conduit cables, traffic signals, pumps, lift stations, wells, and hydrants or dry hydrants, but not including buildings. FAA. The Federal Aviation Administration. FAR. Floor Area Ratio. FCC. The Federal Communications Commission. Family. One or more persons occupying a single dwelling unit, living as a single housekeeping unit on a longterm basis, whether or not related to each other by birth or marriage, as distinguished from a group occupying a Revised 11/18/2014 35 - 186 boarding house, lodging house or hotel. A family, as defined herein, may include up to five unrelated persons or any number of persons related by blood, marriage or adoption, provided that the number of persons residing in the dwelling does not create overcrowded conditions and violate the BOCA Code, Life Safety Code or other adopted building, fire and health codes. Farm. A parcel of land used for agricultural activities. Farm, Animal Husbandry. The raising and management of cattle, horses and other livestock, livestock grazing and pasturage, fish farms, but not including animal kennels or feed lots. Farm, Horticulture. The planting, harvest and management of crops, fruit and nursery stock; truck gardening; including the processing, packaging, packing, shipping and selling of products produced on the premises. Fault Area. Area subject to earth movement. Fence. A structure for enclosure or screening, provided however, the following shall not be considered as fences under this definition: 1. A fenced enclosure which is completely covered by a roof. 2. Protective screens or bars over windows, doors and other openings attached securely to the walls of a building and not extending more than three inches from the wall to which they are attached. 3. Any structure located in a completely enclosed building. Flea Market. A flea market or swap meet is an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. Floodplain. The channel and the relatively flat area adjoining the channel of a stream or river that has been or may be covered by flood water. Floor Area. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses Floor Area Ratio (FAR). The gross floor area of all buildings on a lot divided by the lot area on which the building or buildings are located. Foot candle. A measure of illumination on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot Exhibit 35-92G - Floor Area Ratio Fraternity. A fraternal organization or group of people formally organized for a common interest, usually cultural, religious, or entertainment with regular meetings, rituals and formal written membership requirements. Fraternal organizations include sororities, Knights of Columbus, Mason, Elks, VFW and the like. A fraternal organization may also have a fraternity house which is used exclusively by fraternity members and their guests or visitors and affiliated with an institution of higher learning. Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. Funeral Arrangement Service Office. An office used for the arrangement of funeral services, with no facilities for funeral services, viewings, storage of bodies, or embalming. Funeral Home. A building or part thereof used for human funeral services. Future Land Use Category. Land uses classified for use in the future as shown in the Development Plan of the Comprehensive Plan for the City of Jefferson, Missouri. Garage, Parking. A garage, other than a private or storage garage, which is used for the short-term parking of vehicles. Garage, Private. A detached accessory or portion of a main building housing the automobiles of the occupant of the premises. Garage. Any deck, building, parking structure or premises, or part thereof, used for housing of vehicles. Gasoline Sales, Gasoline Station. Any premises used for the sale at retail of vehicle fuels or oils, but not including vehicle servicing, lubricating, or repairs. Grade. The average level of the finished surface of the ground abutting the exterior walls of the building. Revised 11/18/2014 35 - 187 Gross Density. The total number of dwelling units divided by the total acreage of residential and open space land. GFA. Gross Floor Area. Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, but excluding any space where the floor-to-ceiling height is less than six feet. Group Child Care Home. As defined and regulated by the Missouri Department of Health under Chapter 210 RSMO, a child care facility where 11 to 20 children are cared for in a family-like day setting. Group Home for Mentally, Developmentally and Physically Handicapped Persons. A residential facility, as defined by RSMo. § 89.020.2, where up to eight mentally, developmentally and physically disabled persons and two house parents, unrelated by blood, marriage or adoption, reside as a family unit in a single family residential dwelling, provided, however, that the number of persons residing in the home do not create overcrowded conditions and violate the BOCA Code, Life Safety Code, or other adopted building, fire and health codes. Meals, lodging, supervision and training are provided for the residents. Group Living. A living situation in which a group of persons reside but not as a single housekeeping unit. Group living includes boarding houses and dormitories. Guest Ranch. A ranch or similar facility where people have transient accommodations for lodging and food and ride horseback and participate in other recreational activities. Habitat, Endangered. The natural home of a species of plant or animal whose continued health and existence area at significant risk. The habitat also includes the necessary combination of food, water, cover and other resources that the species required for life. Halfway House. See Residential Treatment Facility, Penal. Hazardous Material or Waste. Hazardous material or waste shall mean any material or waste which: 1. Because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating, reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise improperly managed; or 2. Is identified or listed as a hazardous waste by the administrator, USEPA, pursuant to the Federal Solid Waste Disposal Act (FSWDA), as amended by the Resource Conservation and Recovery Act (RCRA) of 1976, and the Hazardous Solid Waste Amendments (HSWA) of 1984, 42 U.S.C. §2601 et. seq.; or 3. Is required to be accompanied by a written manifest or shipping document describing the waste as “hazardous waste”, pursuant to any state or federal law, including but not limited to the FSWDA, as amended by the RCRA, and the state and federal regulations promulgated thereunder; or 4. Contains polychlorinated biphenyls or any other substance, the storage, treatment or disposal of which is subject to regulation under the Federal Toxic Substances Control Act, as amended, 42 U.S.C. §9601 et. seq. and the state and federal regulations promulgated thereunder; or 5. Contains a “reportable quantity’ of one or more “hazardous substances”, as defined in RCRA as amended, and the state and federal regulations promulgated thereunder; or 6. Contains a radioactive material, the storage or disposal of which is subject to state or federal law and the regulations promulgated thereunder. Health Care Facility. A facility or institute, whether public or private, principally engaged in providing services for health maintenance, diagnoses or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, outpatient clinic, dispensary, home health care agency, and bioanalytical laboratory or central services facility serving one or more institutions but excluding institutions that provide healing solely by prayer. Height, Building. The vertical distance measured in accordance with Section 35-51.B. of this Ordinance. Height, Structure. The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto. Heliport. An area, either at ground level or elevated on a structure, licensed by the federal government or appropriate state agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities such as parking, waiting room, fueling and maintenance. Helistop. A heliport but without the auxiliary facilities. Revised 11/18/2014 35 - 188 Home Occupation. An occupation or a profession which is accessory and incidental to the residential use of the property. Hospital. An institution providing primary health services and medical or surgical care to persons primarily suffering from illness, disease, injury, deformities and other abnormal conditions. The institution includes, as an integral part of it, related facilities such as laboratories, outpatient facilities, training facilities, medical offices and staff residences. Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse or lodging house as herein defined. Household Living. Persons living together acting as a single housekeeping unit in a single dwelling unit, with common access to and having common use of all living and eating areas, and other areas and facilities for the preparation and serving of food within the dwelling unit. Institution. A non-profit establishment for public use. Institutional and Civic Use. Nonprofit, civic, religious or public uses such as libraries, public or private schools, hospitals, government owned or operated building, structure or land used for public purposes. Interstate Highway. U.S. Highways 50, 54, and 63. Junk. Dismantled and inoperable vehicles, machinery, and appliances or parts of such vehicles, machinery or appliances; scrap copper, brass, rope, rags, batteries, paper, rubber debris, iron, steel or other metals; and any object which does not function as the manufacturer intended. An inoperable vehicle shall mean any motor vehicle which lacks a current registration or a registered vehicle which lacks two or more wheels or any other component parts, the absence of which renders the vehicle illegal for use on the highway. Junk or Salvage Yard. Any place not fully enclosed in a building where waste, discarded or salvaged material or equipment are bought, sold, exchanged, baled or packed, disassembled, kept, stored, or handled, including house wrecking yards, auto wrecking activities, used lumber yards and places or yards for storage of salvaged building materials and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building. Kennel. An establishment where small animals are boarded for compensation, or where dogs, cats or other small animals are bred or raised on a commercial basis. Landscaped Area. An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material. Laundromat. An establishment providing washing, drying, and/or dry-cleaning equipment machines on the premises for rental use to the general public. A Laundromat is primarily a self-service facility but an attendant may provide the service for a patron. Laundry or Dry Cleaner. An establishment where a person drops off laundry and/or dry cleaning to be done by others. Livestock. Any animal or fowl which are being produced primarily for use as food or food products for human consumption. Living Unit. A dwelling unit used for living purposes that includes at least one room but may or may not include a kitchen but does include one full bathroom. Loading Space. A space within the main building or on the same lot for the standing, loading, or unloading of trucks. Lodge. A place where members of a local chapter of an association or a fraternal, cultural or religious organization hold their meetings; or the local chapter itself. Lodging or Rooming House. A facility in which rental sleeping accommodations are provided and in which meals may be supplied as part of the fee. Also see boarding house. Lot. A parcel of land occupied or intended for occupancy for a use permitted in this chapter, including one main building together with its accessory buildings, open spaces and parking spaces required by this chapter, and having its principal frontage upon a street. See Exhibit 35-92H for examples of lot types. Lot Area. See Section 35-51.B for lot area and measurement. Lot, Corner. A lot abutting upon two or more streets at their intersections. Lot, Depth of. The mean horizontal distance between the front and rear lot lines. Revised 11/18/2014 35 - 189 Lot, Double Frontage or Through Lot. A lot having a frontage on two non-intersecting roads, as distinguished from a corner lot. Lot, Interior. A lot other than a corner lot. Lot Line. A line of record bounding a lot that divides one lot from another lot or from a street or any public space. Lot, Flag. A lot where access to the public right-of-way is provided by a narrow strip of land referred to in this Ordinance as a pole. An example of a flag lot is shown in Exhibit 35-92H. Lot Line, Front. The lot line separating a lot from a street right-of-way line. Lot Line, Rear. The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. Lot Line, Side. Any lot line other than the front or rear lot line. See Section 35-51.B Lot of Record. A lot or parcel of land, the plat or deed of which has been recorded in the office of the County Recorder, prior to March 17, 1981. Lot, Width. See Section 35-51.B for lot width and measurement. Major Road ways. All City or County owned and operated streets including minor and major collectors, minor and major arterials, traffic signals and ancillary facilities pursuant to the City Thoroughfare Plan. Major roadways do not include the interstate highway or the principal state highways. MoDNR. Missouri Department of Natural Resources. MoDOT. Missouri Department of Transportation. Manufactured Home. As defined in RSMo. 700.010(5), a factory-built structure, which is manufactured or constructed under the authority of 42 U.S.C., Sec. 5403 and is to be used as a place for human habitation . Manufactured Home Park. Any site, lot, or tract of land upon which two (2) or more occupied manufactured homes are harbored, either free of charge, or for revenue purpose. Marina/Yacht Club. A facility located on a navigable waterway for storing, servicing, fueling, berthing and securing of boats and that may include eating, sleeping and retail facilities for owners, crews and guests. Medical Park. A health care complex consisting of more than one of the following uses: hospital; clinic; medical or dental office; medical laboratory; nursing home or convalescent care facility; substance abuse treatment facility; physical or mental rehabilitation facility; exercise or physical fitness facility; assisted or independent living facility; and residential care facility, located in one or more buildings totaling 50,000 square feet or more in the aggregate on one or more adjacent parcels of land totaling 5 acres or more. (Ord. 14052, §3, 6-19-2006) Metes and Bounds. A description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land. Mini Warehouse/ Self Service Storage, Outdoor. A structure or group of structures where one or more individual stalls or lockers, which are accessed from the outside, is rented out for storage of customers’ goods and provides stalls or lockers with less than 750 square feet of floor area per stall. Mini Warehouse/ Self Service Storage, Indoor. A structure where one or more individual stalls or lockers, each of which is accessed from inside an enclosed building, is rented out for storage of customers’ goods and provides stalls or lockers with less than 750 square feet of floor area per stall. Mining. The extraction of sand, gravel, rock, soil, coal or other material from the land in the amount of 1,000 cubic yards or more and the removing thereof from the site including coal processing. The only exclusion from this definition shall be removal of materials associated with the construction of a building. Modification. Any change, including the addition or replacement of antennas to a structure requiring a building permit or other governmental approval, except that the following shall not be deemed a modification requiring a building permit provided the conditions of the original permit and the requirements of this article are not violated: any structural alterations or replacement of antennas to meet safety requirements, any structural alternation or replacement of antennas that does not involve enlargement of the structure height and any alteration for normal maintenance. Exhibit 35-92H - Lots Modular Dwelling. As defined in RSMo. 700.010(7), a factoryfabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. The term is intended to include major assemblies and does not include prefabricated panels, trusses and other prefabricated sub-elements which are to be incorporated into a structure at the site. Mortuary. A place for the storage and embalming of human bodies prior to their burial or cremation. Revised 11/18/2014 35 - 190 Motel, Motor Court, Motor Lodge, or Tourist Court. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients. Multi-Family Dwelling. A building containing 3 or more dwelling units. Nightclub. An establishment dispensing liquor and meals and in which music, dancing and/or entertainment is conducted. Nonconforming Use. The use of land, buildings or structures, or a portion thereof, legally existing at the effective date of this Ordinance which does not comply with the zoning district, and any amendments thereto, in which such use is located. Nonconforming Situation or Feature. A characteristic of a building or property, such as signs, parking, loading, landscaping, performance standards, or condition of a special exception or conditional use that lawfully existed prior to the enactment of the requirements of this Chapter, but does not comply with the current requirements of this Chapter. Nuisance. The interference with the enjoyment and use of property. Nuisances, as referred to in this Ordinance include smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat. Nursery. An area devoted to the raising and care of trees, shrubs or similar plant materials. Nursing Home. As defined in RSMo Title 12, Chapter 198, §198.006 (18), any facility, whether proprietary or nonprofit, which provides twenty-four hour a day accommodation, board and supervision by a nurse to three or more unrelated residents. Office. A room or group of rooms used for conducting the affairs of a business, profession, service industry or government and generally furnished with desks, tables, files and communications equipment. Open Area. That part of a lot not covered by a building or used as a parking area. Order Window. A window used by drive-through or drive-in facilities where orders are placed. Outdoor Display. Temporary display during a particular season of products for sale primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, boats and aircraft, farm equipment and produce, burial monuments, building and landscaping materials and lumber yards but not including outdoor storage. Outdoor Storage. The keeping, in an area outside of a building, of any goods, junk, material, merchandise or vehicles, in the same place for more than 72 hours but not including the temporary outdoor display of seasonal goods or merchandise for sale, but for the storage of trash or other discarded material. Overlay District. A district which acts in conjunction with the underlying zoning district or districts. Development within the overlay district must conform to the requirements of both zones or the more restrictive of the two. Owner. The legal entity holding title to the property being divided, or such representative or agent as is fully empowered to act on its behalf. Parcel. A tract of land under single ownership which has not been divided by deed or subdivision. Parking Lot. An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles. Parking Lot, Facility or Garage; Off-Site. A parking facility providing either required parking spaces for a particular use, or associated with a specific land use, which is not located on the same lot or ownership parcel as the particular or specific land use. Parking Facility, Short Term. A parking lot, facility or garage where vehicles may be parked for a period not to exceed 72 hours. Parking Space. A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a driveway connecting the parking space with a street, road or alley and permitting ingress or egress of that automobile without the necessity of moving any other automobiles. The last stipulation of this definition requiring the ingress or egress of an automobile without the necessity of moving any other automobile is not applicable to parking spaces provided for single family and two-family dwellings. Permitted Use. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district. Planned Capital Improvements. A capital improvement which does not presently exist, but which is included within the City Thoroughfare Plan. Planned Unit Development. An area of a minimum contiguous size, as specified by ordinance, to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters or planned Revised 11/18/2014 35 - 191 unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as specified in the ordinance located in the Planned Unit Development District. Practical Difficulties. The term may include, but not necessarily be limited to difficulties caused by parcel size, shape, narrowness, shallowness, topography, physical surroundings or other special circumstance, and the special circumstance is peculiar to the premises and does not generally apply to other lands in similar zoning districts in the city and, further, the circumstance would prevent the applicant from using or developing the property in a manner equivalent to the use or development occurring on neighboring properties in the same zoning district. Premises. The land, including a lot, plot or parcel of land, together with all buildings, structures and manufactured homes thereon. Prevailing Roadway, Traffic and Control Conditions. The maximum traffic volume during the peak hour at the adopted level of service. Use, Principal. The main use of land or buildings as distinguished from subordinate or accessory uses. A “principal use” may be either permitted or conditional. Principal Highway. U.S. Highways 50, 54 and 63. Public Improvement. Any improvement, facility or service together with its associated site or right-of-way necessary to provide transportation, drainage, utilities or similar essential services and facilities and that are usually owned and operated by a governmental agency. Public Notice. The advertisement of a public hearing in a paper of general circulation, and through other media sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspected. Radio/Television Broadcast Station. An establishment engaging in oral and visual programs for presentation to the public and that consists of a studio, transmitter and antenna. Recreational Facility, Private. Park, open space, golf course, tennis court, swimming pool, clubhouse, and other commonly associated facilities owned, operated and maintained in common by the residents of a subdivision or other residential development. Recreational Facility, Public. Park, open space, golf course, tennis court, athletic club, skating rink, swimming pool, rec-plex or other recreational facility owned and maintained by city, county or state government. Recreational Facility, Commercial Outdoor. Any recreational use which is not, by definition, a public recreational facility or private residential recreational facility but includes one or more of the following uses: driving range, miniature golf, batting cages, go cart track, water slide, swimming pool, tennis courts, ball fields or athletic fields. Recreational Vehicle. A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than three hundred twenty square feet, including built-in equipment (such as wardrobes, closets, kitchen units or fixtures) and bath and toilet rooms. Recreational Vehicle or Travel Trailer Park. An area licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied travel trailers, pickup campers, converted buses, motor homes, tent trailers, tents or similar devices used for temporary, portable housing. Unoccupied mobile homes, travel trailers and similar devices may be stored in the park, but only in an area marked for storage. No repair, maintenance, sales or servicing, or such devices are allowed in the park. Recycling Center. A place where recyclable materials, but not compostable materials, may be collected, stored, sorted, compacted, shredded, bundled, packaged or otherwise processed. A recycling center does not include the use of machinery or furnaces for melting, milling, cutting or shredding of metals, or similar industrial processes. Recycling Collection Station. A place where recyclable materials, except hazardous wastes, may be dropped off for the sole purpose of collection. A recycling collection station does not include the sorting or processing of material at a station. Recycling Materials. All previously used materials which can be processed for reuse. The term does not include compostable materials. Recycling Processing Plant. A recycling center where machinery or furnaces for the melting, milling, cutting of metals or similar industrial processes may be used. Religious Assembly. Meetings for religious activities sponsored by religious institutions such as churches, temple, synagogues and mosques. Research Laboratory. An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development. Revised 11/18/2014 35 - 192 Residential Use in Non-Residential Building. A residential dwelling within a non-residential building that is not located on the main entry floor of the building. Residential Care Facility for the Elderly. As defined in RSMo. Title 12, Chapter 198, §198.006 (15) - (16), any facility that provides 24-hour a day accommodations and care for three or more residents who are not related to one another. Residential Treatment Facility, Penal; Other Community Based Sanctions (formerly Halfway House, Penal). An establishment where persons who are on parole, probation, participating in a penal pre-release program, or otherwise committed to the custody and supervision of the Department of Corrections are housed and supervised outside of the regularly established departmental correctional centers. A penal residential treatment facility may include up to ten total occupants provided, however, that the number of persons residing in the facility do not create overcrowded conditions and violate the BOCA Code, Life Safety Code, or other adopted building, fire and health codes. Resort Cabins/Lodge. A facility for transient guests where lodging is provided along with food and drink. Restaurant. An establishment deriving over 50% of gross revenue from the sale of food and drink not including alcoholic beverages. Restaurant, Drive-In. An establishment deriving over 50 percent of gross revenue from the sale of food and drink, not including alcoholic beverages, and which functions as a retail outlet where food or beverages are sold and delivered to patrons in parked motor vehicles. Restaurant, Drive-Through. An establishment deriving over 50 percent of gross revenue from the sale of food and drink, not including alcoholic beverages, where food and/or beverages are sold in a form ready for consumption and where ordering and pickup of food may take place standing or from an automobile. Retail Package Liquor Store. An establishment deriving over 50% of gross revenue from the sale of alcoholic beverages for consumption off premises. Riding Academy. An establishment where horses are boarded and cared for and where instruction in riding, jumping and/or showing is offered and where horses may be hired for riding. Right-of-Way. (1) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses; (2) the right of one to pass over the property of another. Right-of-Way Line. A dividing line between a lot, tract or parcel and a contiguous street. Runway. A defined area on an airport prepared for landing and take-off of aircraft along its length. Sanitary Landfill. Land utilized for disposing of solid wastes. Satellite Receiving Dish. An earth station antenna which receives and amplifies television, radio, business data and/or telecommunications from satellites. For purposes of this chapter, a satellite receiving dish shall be considered as an accessory structure. Scale of Development. The relationship of a particular project or development in terms of size, height, bulk, intensity and aesthetics, to its surroundings. School. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. The category includes public and private schools at the primary, elementary, middle, junior high or high school level that provide state-mandated basic education. Screen. To visually shield or obscure any abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. Self-Service Storage. A structure or group of structures for the storage of customer’s goods and wares where individual stalls or lockers are rented out to different tenants for storage. Semi-Public. A place in which the services rendered or operations performed are of a public nature although the establishment is not operated or owned by a public agency. Example: Salvation Army, Y.M.C.A. Services, Personal. Establishments providing services involving the care of a person, including but not limited to beauty shops, barber shops, spas, tanning salons and reducing salons; dressmaking or tailoring, shoe repair; photography studios and photo finishing. Revised 11/18/2014 35 - 193 Services, Retail. Establishments providing services or entertainment, as opposed to products, to the general public or business community, including eating and drinking places, hotels and motels, finance, real estate and insurance, advertising and mailing, educational, employment and training services; insurance and real estate services; property management, maintenance and protective services, management and consulting services. Setback. The minimum required distance from the property line to the furthermost projection of a structure. (See Section 35-51 and Exhibit 35-92I for examples). Shelter. A building for the protection and security of communications equipment associated with one or more antennas and where access to equipment is gained from the interior of the building. Shopping Center. A separate and distinct commercially used area under single ownership or unified control, including one or more separate business establishments. Exhibit 35-92J - Signs Sign. Any object, device, display or structure or part thereof, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, which is constructed, attached, erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the public to any place, subject, person, corporation, firm, public performance, article, machine or merchandise, and displayed in any manner for recognized advertising purposes. (See Exhibit 35-92J for examples of signs.) Sight Triangle. See Visual Clear Zone (VCZ). Single Family Attached. A single family dwelling that is attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot. Single Family Detached. A single family dwelling that is not attached to any other dwelling by any means and is completely surrounded by open space or yards. Solar Energy Collectors. Panels, windmills, or other devices used to collect energy from the sun, wind or other natural energy source. For purposes of this Ordinance, detached alternate energy collectors shall be considered an accessory building. Solid Waste Disposal. The disposal of solid unwanted, discarded material, not intended to be salvaged or recycled. Special Exception Use. A use or structure that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Stable, Private. A building or structure used or intended to be used for housing horses belonging to the owner of the property only for non-commercial purposes. Standard Canopy Tree. An approved variety of deciduous tree that has a minimum caliper of two inches and has a canopy capable of providing shade. Standard Conifer Tree. An approved variety of pine, cedar, fir or other evergreen tree that has a minimum height at planting of five feet. Standard Hedge. An approved variety of evergreen shrub that will attain a height of three feet within three years of planting, and that has a minimum size at planting of five gallons. Exhibit 35-92I - Setback Start of Construction. Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, Revised 11/18/2014 35 - 194 or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Stealth. Includes any free-standing, man-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature which are designed to blend into the surrounding environment. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, water towers, light standards, flag poles and artificial trees. Storage Units. An enclosed structure containing separate storage spaces of varying sizes leased or rented on an individual basis with no exterior storage. Storage, Unenclosed. An area outside of a building which is used for the storage of usable goods and materials but not for the storage of trash or other discarded material. Story. That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between the floor and the ceiling next above it. Story, Half. A space under a sloping roof which has a line of intersection of roof decking and wall face not more than four feet above the top floor level. Street. A public way which affords the principal means of access to abutting property. Street Centerline. The street centerline is a line halfway between the street lines. Also known as the right-ofway line. Street, Collector. A street that collects traffic from local streets and connects with minor and major arterials. (See the City Thoroughfare Plan.) Street, Cul-de-Sac. A street with a single common ingress and egress and a turnaround at the end. Street Frontage. Street frontage is measured between side lot lines along the front lot line. Street Furniture. Constructed, aboveground objects, such as outdoor seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains and telephone booths, that have the potential for enlivening streets, sidewalks, plazas and other outdoor public spaces. Street, Local. A street designed to provide vehicular access to abutting property. (See the City Thoroughfare Plan.) Street, Loop. A local street that has its only ingress and egress at two points on the same collector street. Street, Major Arterial. A street with access control, channelized intersections, restricted parking and that collects and distributes traffic to and from minor arterials. (See the City Thoroughfare Plan.) Street, Minor Arterial. A street with signals at important intersections and stop signs in the side streets and that collects and distributes traffic to and from collector streets. (See the City Thoroughfare Plan.) Street, Residential. A local street designed to provide vehicular access to abutting residential lots and to discourage non-local traffic. Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs. Structural Alteration. Any change, other than incidental repairs, in the supporting members of the building, such as bearing walls, columns, beams or girders, or any substantive change in the roof, or in the exterior walls beyond ordinary repairs and maintenance. Subdivider. The owner of the property being subdivided, or such other person or entity empowered to act on the owner’s behalf. Subdivision. The division of land, whether vacant or improved, into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development, including resubdivision. The term, when appropriate to the context, may refer to the process of subdividing or to land subdivided, or to interests for the purpose of sale or lease, whether by deed, metes and bounds, description, devise, intestacy, map, plat or other recorded instrument. Revised 11/18/2014 35 - 195 Subdivision Plat. The graphic representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located. Substance Abuse Treatment Facility - Outpatient. Structures and land used for the treatment of alcohol or other substance abuse where neither meals nor lodging is provided. Substance Abuse Treatment Facility - Inpatient Residential. Structures and land used for the treatment of alcohol or other substance abuse where one or more patients are provided with care, meals and lodging. Superstore/Big Box Store. A single retail store, sometimes enclosing smaller ones within the superstore building which exceeds a certain amount of square feet, which stocks and sells large quantities of items. (See Article IV of this Ordinance.) Support Structure. Any building, pole, telescoping mass, tower, tri-pod, or other structure which supports an antenna. Swap Meet. See “Flea Market.” Swimming Pool. A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an aboveground pool having a depth of more than thirty inches, designed, used and maintained for swimming and bathing. Telecommunications. The transmission, between or among points as specified by the user, or information of the user’s choosing, without change in the form or content of the information as sent or received by wire, radio, optical cable, electronic impulses or other similar means. As used in this definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols. Telecommunications Facilities. Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission which a person seeks to locate or has installed upon a tower or antenna. Temporary Structure. A structure that has no foundation or footings and is intended to remain for a limited time terminating upon expiration of a specified time period. Temporary Use. A use of limited duration with the intent to terminate upon expiration of a time period. Tower. A self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term “tower” shall not include amateur radio operators’ equipment, as licensed by the FCC. The term “tower” does not include utility poles which are utilized for the support of electrical, telephone, cable television, or other similar cable sand wires, are located on public rights-of-ways or easements for that purpose and are a part of a system of such poles throughout the City of Jefferson, Missouri. Townhouse. A building that has one-family dwelling units erected in a row as a single building on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides. Trailer. A structure standing on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods or objects, or as a temporary construction office. Transfer Station. An intermediate storage facility for solid waste located in or within one and one-half miles of the city’s limits. Travel Trailer or Camping Trailer. A vehicle with or without motive power used or so constructed as to permit its being used as a conveyance upon the public streets and highways and so designed to permit the vehicle to be used as a place of human habitation by one or more persons. Said vehicle may be up to 8 feet in width and any length provided its gross weight does not exceed 4,500 pounds, which shall be the manufacturer’s shipping or the actual weight of the vehicle fully equipped, or any weight provided its overall length does not exceed 28 feet. Tree. For the purposes of this Ordinance, tree shall mean: (1) Canopy Tree: Trees with an irregular or umbrella canopy providing shade, screening or background; (2) Large Tree: A tree which attains a mature height of over 60 feet; (3) Medium Tree: A tree which attains a mature height of between 30 feet to 60 feet; and (4) Small Tree: A tree which attains a mature height of up to 30 feet. Trip. A single or one-way motor vehicle movement either to or from a subject property. Trip Ends. The total of trips entering or leaving a specific land use or site over a designated period of time. Trip Generation. The number of trip ends produced by a specific land use or activity during a designated period of time. Truck Sales. The sale of vehicles primarily designed to haul cargo and material. Revised 11/18/2014 35 - 196 Truck Terminal. An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. USEPA. United States Environmental Protection Agency. Unnecessary Hardship. A hardship which is unnecessary in the sense that the preservation of the spirit and intent of this ordinance does not depend on the denial of the variance. Use. The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained. Utilities. Systems for the distribution or collection of water, gas, electricity, wastewater and stormwater. Variance. A variance is a modification of the requirements of the Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, a literal enforcement of the requirements would result in unnecessary and undue hardship. Vehicle. Vehicle includes: self-propelled devices used for transporting people or goods over land surfaces and licensed as a motor vehicle; off-road vehicles designed for use on a variety of unimproved surfaces, dune buggies, snowmobiles, trail bikes and motor bikes; passenger vehicles with not more than two axles and four tires; trucks with two or more axles and 4 or more tires; recreational vehicles; and trailers. Vehicle, Large. A vehicle in excess of two tons gross weight. Vehicle Service and Repair. Any premises used for the equipping, lubricating, servicing or repairing of motor vehicles, including the installation of parts and accessories; the rebuilding, replacing and the installing of motors, transmissions, drive trains, exhaust systems, upholstery, brakes and radiators, but not including the dismantling or extended storage of wrecked vehicles, nor tire recapping , nor auto painting and body work, nor the open storage of rental vehicles or trailers. Vehicle Storage. A parking lot, facility or garage where vehicles may be parked or kept for a period not to exceed 72 hours. Vested Rights. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed. Veterinary Hospital. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. Exhibit 35-92K - Yards Visual Clear Zone (VCZ). A triangular shaped portion of land on public and private property established at intersections in which nothing is erected, placed or planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. See Article V and Exhibit 35-55A of this Ordinance. Also known as the Sight Triangle. Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, or by any planning document submitted to the FAA by competent authority. Vocational/Technical Schools. A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in trade and meeting the state requirements as a vocational facility. Watercourse. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wireless Communications Facility. Any Antenna, Cabinet, Shelter and Support Structure and associated equipment. Yard. An open space between a building and the adjoining lot lines, other than a court on a lot, unoccupied and unobstructed by any portion of a structure from two and one-half (2½) feet above the ground, except as otherwise provided herein. (See Exhibit 35-92K for examples of yard types). Yard, Front. An open space across the full width of the lot extending from the front line of the main building, or nearest principal building, to the front line of the lot where it fronts or abuts the street. Corner lots and double frontage lots shall be considered by this Ordinance to have two front yards. Yard, Side. An open space extending the full length of the lot between the main building, or nearest principal building, and the side line of the lot, and extending from the front yard to the rear yard line. Revised 11/18/2014 35 - 197 Yard, Rear. An open space extending the full width of the lot between the main building, or nearest principal building, and the rear lot line, not including projections of uncovered steps, unenclosed balconies or unenclosed porches, to the closest point of the rear lot line. Yard Width and Depth. The shortest horizontal distance from a lot line to the main building. Zero Lot Line. The location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line. (See Exhibit 35-92L for examples of zero lot line lots.) (Ord. No. 14829, §21, 8-1-2011; Ord. No. 15289, §5, 7-21-2014 ) Secs. 35-93. - 35-94. Reserved. Exhibit 35-92L - Zero Lot Line Revised 11/18/2014 35 - 198 ARTICLE X. FEES Sec. 35-95. Fee Schedule. A. Fees shall be as set forth in Appendix Y.. Revised 11/18/2014 35 - 199 APPENDIX Appendix A. Approved Planting List A.1 Small Trees A.2 Medium Trees A.3 Large Trees A.4 Deciduous Shrubs for Understory Plantings A.5 Evergreens for Barrier Hedges A.6 Tall Evergreens for Barrier Hedges A.7 Live Groundcovers A.8 Persistent Mulches Appendix B. Tree Planting Detail B.1 Standard Tree Planting Detail B.2 Tree Planting for Compacted Soils Revised 11/18/2014 35 - 200 Appendix A. Approved Planting List Appendix A.1. Small Trees Common Name Amur maple Scientific Name Acer ginnala Cultivar ‘Flame’ (better red fall color); ‘Compactum’ (reduced size) Crabtree Malus spp. Many-use only disease resistant cultivars Japanese tree lilac Syringa reticulata ‘Ivory Silk’ (dense form, early flowering age) Eastern redbud Cercis Canadensis ‘Forest pansy’ (purple leaves); ‘Alba’ (white flowers) Oklahoma redbud Cercis reniformis ‘Oklahoma’ (glossy green leaves, greater insect resistance) Common Smoketree Cotinus coggygria ‘Daydream’, ‘Purpureus’, ‘Velvet cloak’ American smoketree Cotinus obovatus A more upright form than the “common” Hedge maple Acer campestre ‘Queen Elizabeth’ (more vigorous, better branch attachment) ‘Compactum’ (a smaller, bushier form) Paperbark maple Acer griseum Tatarian maple Acer tataricum Hornbeam maple Acer carpinifolium Miyabe maple Acer miyabei Truncatum maple hybrid Acer x truncatum Manchurian maple Acer mandshuricum Trident maple Acer buergeranum American hornbeam Carpinus caroliniana Columnar European hornbeam Carpinus betulus Hop hornbeam Ostrya virginiana Serviceberry Amelanchier spp. ‘Autumn Brilliance’ (tree form, rich fall reds) (A. x grandiflora) ‘Robin Hill’ (tree form, buds pink when opening) ‘Pacific Sunset’, ‘Norweigian Sunset’ ‘Fastigiata’; ‘Columnaris’ Carolina silverbells Halesia Carolina Kousa dogwood Cornus kousa ‘Satoni’ (pink to red blooms, maroon-edges leaves) Flowering dogwood Cornus florida ‘Cloud 9’ (showy abundant white blooms) ‘Cherokee Chief (and others)’ (red blooms) White fringetree Chionanthus virginicus Star magnolia Magnolia stellata Franklin tree Franklinia altahambra Japanese snowbell Styrax japonica Revised 11/18/2014 35 - 201 ‘Water Lily’ (later blooming); ‘Royal Star’ Appendix A.2. Medium Trees Common Name ‘Skyline’ honeylocust Scientific Name Gleditsia triancanthos Cultivar ‘Skyline’ (more upright-branching) Yellowwood Cladrastis kentukea ‘Perkins Pink’ (pink blooms) Red maple Acer rubrum ‘Red Sunset’, ‘October Glory’, etc. Ornamental pear Pyrus calleryana ‘Cleveland Select’ or ‘Artistcrat’ cultivars (no ‘Bradfords’) Littleleaf linden Tilia cordata Greenspire, Glenleven Silver linden Tilia tomentosa ‘Sterling’ Katsuratree Ceridiphyllum japonicum Sourwood Oxydendrum arboreum Mountain silverbell Halesia monticola Sawtooth oak Quercus acutissima Goldenrain tree Koelreuteria paniculata (do not plant near wetlands) Japanese pagoda Sophora japonica Persian parrotia Parrotia persica Hardy rubbertree Eucommia ulmoides Turkish filbert Corylus colurna (tree form) ‘Bracken’s Brown’ magnolia Magnolia x soulagiana ‘Bracken’s Brown’ River birch Betula nigra Cranapple Malus spp. (non-fruiting, disease-resistant cultivars) Saucer Magnolia Magnolia x soulangiana Revised 11/18/2014 35 - 202 Single trunk Appendix A.3. Large Trees Common Name White Oak Scientific Name Quercus alba Cultivar Swamp White Oak Quercus bicolor English Oak Quercus robur Northern Red Oak Quercus rubra Shumard Oak Quercus shumardii Scarlet Oak Quercus coccinea Overcup oak Quercus lyrata Bur oak Quercus macrocarpa Chinkapin oak Quercus muehlengergii Willow oak Quercus phellos Shingle oak Quercus imbricaria Cherrybark oak Quercus falcata Black oak Quercus velutina Chestnut oak Quercus prinus Post oak Quercus stellata Ginkgo Ginkgo biloba Kentucky coffeetree Gymoncladus dioecus Hackberry Celtis occidentalis Sugarberry Celtis laevigata London planetree Platamus x acerifolia Tulip poplar Liriodendron tulipifera ‘Macho’ Amur corktree Phellodenron amurense ‘Macho’ Lacebark elm Ulmus parvifolia ‘Emerald Vase’ (upright, American elm-like); ‘Dynasty’ (vase-shaped, improved fall color) Sugar maple Acer saccharum ‘Legacy’, ‘Green Mountain’, ‘Fairview’ Black maple Acer nigrum American linden Tilia americana Baldcypress Taxodium distichum Pondcypress Taxodium ascendens Cucumbertree Magnolia acuminata Black gum Nyssa sylvatica European Hornbeam Carpinus betulus Norway Maple Acer platanoides var. pagodifolia Use certified male species only such as ‘Autumn Gold’ (broad, conical form); ‘Princeton Sentry’ (upright form) ‘Bloodgood’, ‘Liberty’, ‘Columbia’ ‘Redmond’ Appendix A.4. Approved Deciduous Shrubs for Understory Plantings Revised 11/18/2014 35 - 203 Common Name Scientific Name Mature Height Dwarf flowering almond Prunus glandulosa 3 feet Japanese barberry Berberis thunbergi 5 feet Mentor barberry Berberis xmentorensis 5 feet Bayberry Myrica pensylvanica 8 feet Beautyberry Callicarpa japonica 4 feet Beauty-bush Kolkwitzia amabilis 10 feet Chokeberry Aronia arbutifolia 8 feet Purpleleaf sand cherry Prunus cistena 4 feet Spreading cotoneaster Cotoneaster divaricata 4 feet Rock spray cotoneaster Cotoneaster horizontalis 3 feet Crape myrtle Lagerstroenia indica 10 feet Slender deutzia Deutzia graeilis 3 feet Redosier dogwood Stolonifera 6 feet Winged euonymus Euonymus alata 8 feet Forsythia Forsythia x intermedia 6 feet Amur honeysuckle Lonicera maakii 15 feet Fragant honeysuckle Lonicera fragantissima 6 feet Tatarian honeysuckle Lonicera tartarica 9 feet Hydrangea, Hills of snow Hydrangea arborescens grandiflora 3 feet Common lilac Syringa vulgaris 9 feet Persian lilac Synnga xpersila 4 feet Mockorange Philadelphus spp. 7 feet Privet Ligustrum spp. 8 feet Japenese maple Acer palmatum 20 feet Pussy willow Salix spp. 20 feet Flowering quince Chaenomeles lagenaria 6 feet Rose of Sharon Hibiscus syriacus 12 feet Purple smoke bush Corinus coggygria purpureus 15 feet Spirea Spirea spp. 5 feet Staghorn sumac Rhus typhia 15 feet Tallhedge Rhammus x frangula ‘Tallhedge’ 12 feet Viburnums Viburnum spp. 12 feet Weigela Weigela spp. 3-6 feet Winterberry Ilex verticillata 9 feet Revised 11/18/2014 35 - 204 Appendix A.5. Approved Evergreens for Barrier Hedges Common Name Scientific Name Mature Height Broad-Leaved Evergreens American holly Ilex opaca Chinese holly Ilex cornuta Meserve hybrid holly Ilex x meserveaea ‘Blue Prince’ 12 feet Leatherleaf viburnum Viburnum rhytidophyllum 6 feet Needled Evergreens Juniper, Chinese Spreading Varieties: Armstrong Juniper chinensis 4 feet Upright Varieties: Blue Heaven Burki Canaaertii Hetzi Column Juniper Hollywood Keteleeri Robusta Green Wichita Blue Wintergreen Skyrocket 5+ feet Yew Capitata Hicks Browni Wardi Revised 11/18/2014 6 feet 6 feet 4 feet 4 feet 35 - 205 Appendix A.6. Approved Tall Evergreen and Conifer Trees Common Name Scientific Name Baldcypress Taxodium distichum Canadian Hemlock Tsuga canadensis Eastern Redcedar Juniperus virginiana Pine Eastern White Pine Japenese Black Pine Japenese Red Pine Limber Pine Red Pine Pinus strobus Pinus thunbergiana Pinus densiflora Pinus flexilis Pinus resinosa Spruce Norway Spruce Black Hills Spruce Picea abies Picea densata Mature Height Fir White Fir, Concolor Fir Abies concolor Appendix A.7. Approved Live Groundcovers Common Name/Cultivar Scientific Name Height/Spread Ajuga, Bugleweed or Carpet Bugle Ajuga reptans 4-8” Creeping junipers Andorra Bar Harbor Blue Chip Blue Rug Procumbens San Jose Sargent, green Sargent, blue Turquoise Spreader Juniperus horizontalis Creeping phlox, Moss pink Phlox subulata 18” 10” 8” 6” 10” 10” 10” 18” 6” English ivy Hosta, Funkia, Plantain Lily Hosta spp. Japanese spurge, Pachysandra Pachysandra terminalis Periwinkle, Myrtle or Vinca Vinca minor Purpleleaf wintercreeper Euonymus fortunei ‘Clorata’ Grasses: Buffalo Grass Turf grasses Revised 11/18/2014 35 - 206 5-8’ 6-8’ 5-8’ 6-8’ 6-8’ 6-7’ 6-7’ 6-7’ 6-8’ Appendix A.8. Approved Persistent Mulches Organic Bark, chunks Bark, shredded Pecan hulls Pine needles Wood chips Wood fibers (coarse grade) Inorganic Crushed rock, except crushed limestone Gravel Volcanic rock Revised 11/18/2014 35 - 207 Appendix B. Tree Planting Detail Appendix B.1. Standard Tree Planting Detail Revised 11/18/2014 35 - 208 Appendix B.2. Tree Planting Detail for Compacted Soils (Ord No. 13361, 3-18-2002; Ord No. 13376, §1, 5-6-2002; Ord. No. 13982, §§1-10, 12-19-2005; Ord 13986, §1, 12-19-2005; Ord. No. 15221, 1-21-2014; Ord. No. 15243, 3-3-2014) Revised 11/18/2014 35 - 209
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