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HomeMy Public PortalAboutORD13361 BILL NO. 2001-184 passed as Amended SPONSORED BY COUNCILMAN LANDWEHR ORDINANCE NO, 13361 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING THE ZONING ORDINANCE, ORDINANCE 11075 AND ALL AMENDMENTS THERETO, AND ENACTING A NEW ORDINANCE RELATING TO THE SAME SUBJECT. WHEREAS, a Steering Committee for the Update of the Zoning Ordinance appointed by former Mayor Duane Schreimann was convened to study the ordinance and make recommendations on changes; and WHEREAS, the Steering Committee, after study and review with interested and affected individuals and groups, has compiled, reviewed and revised proposed language updating the zoning ordinance; and WHEREAS, the Steering Committee has made recommendations to the Planning and Zoning Commission on the adoption of a Comprehensive Update to the Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission, after receiving comments from affected individuals and groups, holding a public hearing and conducting work sessions, reviewed and further revised proposed language updating the zoning ordinance; and WHEREAS, the Planning and Zoning Commission, on February 14, 2002 unanimously recommended the adoption of the proposed Comprehensive Update to the Zoning Ordinance to the City Council; and WHEREAS, the Council, has received the recommendations of the Steering Committee and the Planning and Zoning Commission, and held a public hearing on the adoption of a Comprehensive Update to the Zoning Ordinance. NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: SECTION 1. The Zoning Ordinance, Ordinance No. 11075 and all amendments thereto, are repealed and a new Chapter 35 of the Code of the City of Jefferson, Missouri, pertaining to the same subject, is hereby adopted, to read as follows: .-f CITY OI' JEFF ERSON ZONING ORDINANC TABLE or CnN r rI.N r rs Page ARTICLL', 1. GENERAL, PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 35-I. SLIOR-1-ITI'Ll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 35-2, GENERAL PURPOSI?AND INT N'l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I A. Regulations Consistent with Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 13. (:general 11111p uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 35-3, AU'I'1[ORIZA7'ION AND.IUIZISDIC'I'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 35-4. COMPONENT'S OF ZONING ORDINANCL: , . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 35-5. RESPONSIBILITIES FOR ZONING ORDINANCE ADMINISTRATION . . . . . . . . . . . . . . . 2 A. City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I. Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . I . . . . . . . . . . . . . 2 2. Action on Planning and Zoning Commission Recommendations . . . . . . . . . . . 2 3. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Reversal at'Planning and Zoning Commission Recommendations . . . . . . . . . 2 5. Establishment of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 13. Planning and Zoning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Planning and Zoning Conmiission Powers and Duties . . . . . . . . . . . . . . . . . . . 3 3. Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Board ol'AdjusUncnt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 I. Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Board ol'Adjustment Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1). Director of Conununity Development . 4 I?. Coordination with Other 011icials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 35-6. APPLICA131LH A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Development Subject to Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. Exempt from Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 35-7. MINIMUM REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 35-8. RULF'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Rules of Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. Computation of lime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 35-9. COORDINATION WITH OTI IER RE'GULA'TIONS AND PLANS . . . . . . . . . . . . . . . . . . . . . 7 A. Consistency with Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. C onflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. Development Undo Prior Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. Existing Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Lots with Nonconforming Dimensions 7 3. Development in Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 D. Relation to Other Regulations and Private Agreements . . . . . . . . . . . . . . . . . . . . . . . . . 7 35-10. APPLICATION OF REGULATIONS DURING LOCAL, l MI:;RGENCY . . . . . . . . . . . . . . . . . 8 35-11. ZONING OF ANNE-1) LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .35-12. S1:VI RA1311.1'TY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 35-13. 'TLIROUG11 35-19. RESERVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 11, 1.)IS'I'RIC'I' RI-GUI..A'I'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 35-20, PURPOSE OF ZONING DISTRICT'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 35-21, APPLICATION OF ZONING DISTRICT R1 GUL.ATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 35-22. ZONING MAP AND DIS'T'RICT IMUNDARII S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 35-23. GENERAL.STANDARDS APPLICt\B1.,1-"TO ALL ZONING DISTRICTS . . . . . . . . . . . . . . 10 Mmwii 19,2002 i Qty of.IeJArsnn Zo»tirtfr Ordinance y A. Authorized Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B. Supplementary Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 C. Site Design and Improvement Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 I7. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 E. Residential Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 35-24. RURAL AND CONS E`RVA'TION DISTRICTS, RU AND RC . . . . . . . . . . . . . . . . . . . . . . . . . l 1 A. RU Rural District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I1 13. RC Conservation District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 35-25. RESIDENTIAL DISTRICTS: RS-I, RS-2, RS-3, RS-4, RD, RA-I, RA-2, N-O . . . . . . . . . . . . I 1 A. RS-I Low Density Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . 1 B. RS-2 Low Density Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. RS-3 Medium Density Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 D. RS-4 Medium Density Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.R Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 E. RD Residential District. 12 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I2 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 f.. RA-1 Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 G. RA-2 Residential District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1-1. N-O Neighborhood Office District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 35-26. NON-RESIDEN'TiAL DIS'I'RiC'I'S: C-O,C-I,C-2,C-3, M-1, M-2. . . . . . . . . . . . . . . . . . . . . 14 A. C-O Office Commercial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. I'urpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13. C-I Neighborhood Commercial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 I. i'ur110se . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 C. C-2 General Commercial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 D. C-3 Central Commercial District . . . . . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . . . . . . 15 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1 . M-1 light industrial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 MARCH 19,2002 ii City Y'Jc�J/erson Zoning Ordinance 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F. M-2 General industrial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. PII1pose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 35-27. PLANNED UNIT DI V1iL01'MI?N'I' DISTTtIC'l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 A. I'u17mSC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 B. Establishment ol'Allowcd Uscs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 C. Adoption and Modification Ill'Authorized Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 D. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2. Minimum District Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3. Location and Access Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4. Residential Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5. Non-Residential Intensity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. Setback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7. Community Amenities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8. Landscape BUITcrS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 E. Tral7ic Impact Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . 19 I'. Approval of PUD by Adoption of PUD Ordinance 19 G. Coordination with Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 I. Conformance with Subdivision Revicw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2. Conformance with Subdivision IZCCiLIircmCnts . . . . . . . . . . . . . . . . . . . . . . . . 19 3. Final Plat Not Requited. When . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1-1. Relationship to Building Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 I. Planned Unit Development District Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 J. Amendment of the i'lan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 35-28. MATRICES OF PEWITTL;D, CONDITIONAL, AND SPECIAL EXCEPTION USE LAND USES AND CLASSIFICATION OF USES NOT i.ISTED . . . . . . . . . . . . . . . 20 A. Land Uses Authorized in Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 B. Uses Not Provided for in "Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 35-29. RESERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 111. OVEIZi_AY DISTRICT REGULATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 35-30. REDEVELOI'ML:N'I'OVERLAY DISTIZIC"1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 A. Purliosc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B. Application- Eflcctof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 C. Proccd ures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 D. Property Development Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 35-31. AIRPORT OV1?RLAY DIST IZIC'I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 35-32. FLOOD l-IAZ..AIZD OVEM..AY DISTIM"I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 35-33. THROUGII 35-39. RESFRVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE iV. SUPPLEMENTARY CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 35-40. ACCESSORY BUILDINGS, STRUCTURES AND USES . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 A. Conditions Applicable to All Accessory BuildingS, Structures and Uses . . . . . . . . . . . 32 B. Accessory Buildings, Structures and Uses Associated with Itesidcntial Uses . . . . . . . 32 C. Accessory BuildingS, Structures and Uses Associated with Non-Residential Uses . . . 33 35-41. SPEC:IFiC USE STANDAiMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 A. Standards Applicable to All Specific lJscs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 B. Specilic Use Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 I. Barge Docking and 'Narehouse Accessory Use in the RC District . . . . . . . . 34 MARL II 19,2002 iii Cite Af Ordinance _ a. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 b. Specific Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C. Warehouse Accessory Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2. Bed and Breakfiist [stablishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 a. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 b. Specific Provisions Im Bed and Breakiast Ilomes . . . . . . . . . . . . . . 36 C. Specific Provisions for Bed and Breakfast Inns . . . . . . . . . . . . . . . . 36 3. Community Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 :r. I..ocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 b. Spacing Between Community Residences and Group Homes or Penal I-lalt'Way I-louses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 C. Exterior Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 d. Off-Street Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4. Concrete Mixing Plants,Asphalt Plants and Cement latch Plants. . . . . . . . . 37 Ii. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 b. Permit Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 C. Minimum Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 c1. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5. Day Care Service Vor Children or Adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 6. Day Care Homes for Children or Adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 a. Administrative Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 7. Day Care C'enler, Child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 �i. I.iccnsinb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 b. Outdoor Play Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 C. Indoor Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 d. Off-Street Loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 C. Bufferyard Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 8. Drive-Through/Drive-In Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 a. Purpose and intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 b. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 C. Site Plan Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 d. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 C. 'Traffic Impact Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . 40 C Stocking Space Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 g. Stacking Space Lavout and Design. . . . . . . . . . . . . . . . . . . . . . . . . . 41 h. Order Box Noise Mitigation. 41 9, Ilea MarketsiSwap Meets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 iu. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 10. Ilomes tin•Mentally, Developmentally and Physically Disabled Persons . . . 42 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 b. Sp;icing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 C. Special Conditions for Locations in Residential and N-O Districts . 42 11. Residential Treatment Facility, Penal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 b. Spacing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 C: Exterior Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 12. llomc Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 a. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 b. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 C. Permit ltecluired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Lt. home Occupation Performance Standards . . . . . . . . . . . . . . . . . . . . 43 C. Prohibited Home Occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 MARCH 19,2002 iv On, of'Affi�r•.tinn Lrrrtiug Ordinance 1'. Burden of Proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 g. Application Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 h. Revocation of Flome Occupation Permits . . . . . . . . . . . . . . . . . . . . 45 i. Appeals of Decisions Involving I lame Occupations . . . . . . . . . . . . 45 13. Kennels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 b. Indoor Kennels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 C. PerFormancc Standards for Outdoor Kennels . . . . . . . . . . . . . . . . . . 45 14. Malltil'aCtLINCI IIonic Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 a. Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 b. Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 C. Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 d. Utilities Underground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 C. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 1. BUITeryard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 15. Mini-Storage Warehouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 a. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 b. Site Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 C. Perlormancc Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 16. Outdoor Storage and Display . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 a. Standards liar All Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 b. Specific Standards liar Residential Districts . . . . . . . . . . . . . . . . . . . 48 C. Specific StandardS Im Non-Residential Districts . . . . . . . . . . . . . . . 49 17. Parking Lots,OIT-Site and Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 ® a. OIT Site Parking Lot . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 50 b. Corercial Parking Lots/Parking Facilities Not Associated With a Particular Use . . . . . . . . . . . . . . . . . . I . . . . . I . . . . . . . . . . . . . . . I . 50 18. Quarries, Mines,and Sand and Gravel Pits . . . . . . . . . . . . . . . . . . . . . . . . . . 50 a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 b. Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 d. Minimum Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 C. Perf'or►nance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 f'. Approval Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . I . . . . 52 g. Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Ir. Prohibited Activities Within the Required Setback . . . . . . . . . . . . . 53 19. Recreational Vehicle and"Travel 'frailer Parks . . . . . . . . . . . . . . . . . . . . . . . . 53 a. Required Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 l). Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 C. Minimum Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 d. Bufl'eryard and Fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 C. Internal Circulation Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 1. Camp Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 g. Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 ti. Electric Powerr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 i. Sanitary and Wastewater Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . 54 J. Solid Waste, Garbage and Rubbish . . . . . . . . . . . . . . . . . . . . . . . . . 54 k. Safety and Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 1. Limitation of"I'railcrs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 20. Recycling Collection Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 a. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 b. Permitted Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 C. Perlormance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 MARCtt 19,2002 v — GO, qfAI&rson Zoning Ordinance 21. Recycling Ccnter,Salvage Yard, Junk Ynrd, Wrecking and Outdoor Storage I.OtS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 H. Applicability . . ... . . . . . . . . . . . . . . . . . . . . 56 1). Perf'ormance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 22. Sanitary Landfill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 it. Regulatory Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 b. Perlormance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 23. SLIJICI-.';[OI'C/ Big BOX Retail MILI Office I)C\'CIOI)Illellt . . . . . . . I . . I I . . . . . . 59 11. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 1). Site Dcsign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 N. Temporary Uses . . . . . . . . . . . . . . . . . . . . . . . 62 It. RCSiLICIlti',II SIICS OI'IICeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 b. Miscellaneous Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 C. Natural Disasters and limergencies . . . . . . . . . . . . . . . . . . . . . . . . . 62 d. Travel Trailcr and Recreational Vehicles . . . . . . . . . . . . . . . . . . . . . 62 25. Substance Abuse Treatment Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 b. Spacing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 C. F-Aterior Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 26. Telecommunications Facilities . . . . . . . . . . . I . . . . . . . . . . . 63 It. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 b. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 C. Legislative Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 d. General Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 C. Co-location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 f'. Exception from Maximum I Icight and BulTeryards , . . . . . . . . . . . . 66 9. Same Towel-Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 11. Movement ol"I'mci. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 L Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 J. Conditional Use Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 k. Design and Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . 69 1. Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Ill. Stl-UCtLIl",Il Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 II. Separation or"BUITer" RC(ItliI-eIlICIItS . . . . . . . . . . . . . . . . . . . . . . . . 70 0. Method ol"Determining Tower Height . . . . . . . . . . . . . . . . . . . . . . . 72 1). Illumination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 (I. Finished Color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 r, Fencing and Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 S. ButTeryard and Landscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 t. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 U. Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 N'. maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 W. Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 X. Abaildoilincrit ol*'I'o\\,ei. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Y. Commercial Operation of Unlawful'Tower or Antenna . . . . . . . . . . 73 27. Standards loi-OLitclooi-1--ntei-t,,iiiiiiieniand Recreation Facilities,and 0 tiler Oil tdoor Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 28, Perlormance Standards for Industrial Service, Assembly, Distribution, Mantifincturing, Production, Processing,, Printing, and Publishing Uses . . . 74 a. Disposal of'Refuse and Wastes . I . . . . . . I . . . . . . . . . . . . . . . . . . . 74 1). Odors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ­ 'I' . . . * 74 C. Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 MARCH 19,2002 vi !L16.1 a 'Je iwson Zoning Ordinance Cl. Gases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 e. Particulate Mallcr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 1'. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 g. Vibration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 It, Glare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 i. Radiation I lazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 j. I-lectronmgnetic Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 k. I-ire and Explosion I lazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 1. l lumidily, l lent,or Glare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 35-42. THROUGH 35-49. RESERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 ARTICLE V. SITI: DESIGN AND INIPROVI MI�;NI'S'I'ANDARI)S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 35-50, LOTS AND 13L.00:KS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 A. Gcnerel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 13. 'l'ypcs of L.ols and Lol Arrangement. . . . . . . . . . . . . . . . . . 77 C. Compliance with Subdivision Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 35-51. DENSITY AND DIM L:NSIONAL. ST ANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 A. Pur•Posc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 13. Lot Measurement and Exccptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 1. Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 2. Lot Area Measurement . . . . . . . . . . . . . . . . . . 80 3. Lot Width and Fr'ontagc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 4. Street Frontage . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . 80 5. Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 6. Lot Coverage . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 7. Flag Lots 83 C. I leights of L3uildings and Structm.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 I. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 2. 13Uilding NIC'MUrentenl , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 3. Exceplions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 35-52. SINGLE FAMILY AND'I'1VC)-FAMII..Y RI SIDFNT'IAI.. LOT DESIGN STANDARDS . . . 85 A. Density and Dimensional Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . 85 13. Principal Buildings/Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 35-53. MULTI-FAMILY RESIDENTIAL D1.-SIGN STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . 85 A, General Density . . . . . . . . . . . . . . . . . 85 13, Principal Buildings/Lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 C. Private Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 35-54. CL.USTF.R SUBDIVISION AND COMPACT I IOUSING PROVISIONS . . . . . . . . . . . . . . . . 85 A. Purposcand lntelll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 13. Applicalions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 C, Pcrmillcd Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 D. Llousi►tg'l*ypcs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 I . Project Size and Density . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 F, L_ol Dimension and Setback Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..36 G. Required Open Space, I lo•ty Calculated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 11, Open Space Stand tu•ds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 ' I. Ownership and Maintenance of Upen Spacc . . . . . . . . . . . . . . . . . . . . . . . . 87 2. Open Space Allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 3, Open Space Design and Improvement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RR 1. Project landscaping and Compatibility Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 88 1. Development lttfl'er,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 2. Design and Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 MARCH 19.2002 vii Ci(j,of,Allison Zoning Ordinance 11. OIT-Strect Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 K. I'llasi► g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 35-55. VISUAL CIA"AR ZONES (Sigh( Triallgics) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 A. Gellel•al . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 B. Visual Clear Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 I. At Street Intersections/Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 2, At Driveway Intersections With Public Streets . . . . . . . . . . . . . . . . . . . . . . . 90 C. Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 35-56. RE-SERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 35-57, OUTDOOR LKIIITING STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 13, Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 C. Flickering and Hashing I.ig)lls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1). Lighting Plan Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 l-ocation of Li ght Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 F. MaxilIlLI111 11111111illltiO11and Lumillaire I Icight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1. Luminaires without cutolls or light Shields . . . . . . . . . . . . . . . . . . . . . . . . . . 91 2, Luminaires will) total clifoll'angle ol'90 degrees or more . . . . . . . . . . . . . . . 91 3. 1-.Illllitllil'CS With IOWI cutoff angle of less than 90 degrees. . . . . . . . . . . . . . . 91 G. Otlt(100t Lighting S1,111dill-Lb, For Specified Uscs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 1. 011.t(.1001'Public Recreation Uses Within 500 fec(of'Residential Lot 92 2, Planned Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 IL Measurement of Lighting . . . I . . . . . . . . . . . I . I . . . . . . . . . . . . . . I I . . . . . . . . . . . . . 92 1. F'quipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 2. Measurement Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 35-58. OFF-STREET PARKING AND LOADING . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . 92 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 13. Off-Street Parking Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 I, huld Uses for Which Parking Must fie ProN idccl . . . . . . . . . . . . . . . . . . . . . 92 2. F'xcepti ollsto Required Number of Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . 98 3. Parking in C-3 Central Commercial District, Large Office Buildings . . . . . . 98 4. Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 5. Packing Lot Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 6 N/linfilluil► 1111111-ovelliclitsllid 'VllilltelllIICC Still1dill-LIS . . . . . . . . . . . . . . . . . 101 7. Ovallow or Seasonal Parking Lots and Low'Frallic Storage Yards . . . . . . 103 R. Parking Stall and A i.q)c Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 9. Off-Strect Parking for Persons with Disabilities . . . . . . . . . . . . . . . . . . . . . 104 10. Parking Lot Attendant Sheller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 11. Parking Lot/Garage Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 12. Violation ol'standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 C. Off-Strect Loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 1. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 2. Number and Size ol'Loading Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 3. Standards Ior C-3 Central Commercial District . . . . . . . . . . . . . . . . . . . . . . 105 35-59. SC'lZl-'I.-,NIN('jANI) 13[JI:I:I'RI'AIZI)S'I'/\Nl.)AItI)S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 A. Purposeand Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 13. Landscape I'lins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 C. General Landscape Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 I, III-antTypes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 2. Use ol'Existing Landscaping . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 3. Minimum Plant Size attime ol'I'lanting. . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 4. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 MARCI I IQ,2002 viii �'ih� n '•�cff4��•.cnn Zoning Ordinance S. Maintenance of Landscape Areas and Phults . . . . . . . . . . . . . . . . . . . . . . . . 107 6. Use of the Public Right-o1'-wayy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 7. Use of Utility Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 8. Visual Clear Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 9. Parking or Storage Within Landscaped Areas Prohibited . . . . . . . . . . . . . . . 108 10, Multiple Landscaped Areas or BlIfTet:s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 U. BUITIelyard and Screening Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 3. BtIl Bring Requirements For Parking Lois . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 4. Bufferyard Orientation . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . I . . . . . . I . 109 5. Buffcryard Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 6. 13L1I i;t'yard 'Types. Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 I.. Use ol'Fences, Walls and Berms in Rccluiral 13ufliTyards . . . . . . . . . . . . . . . . . . . . . 110 I. Berths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 2. Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 3. Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 4. Combined I leight. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 5. Back-to-Back Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 1'. Standards for fences and Walls Used Outside of Rcquircd BUITcryards . . . . . . . . . . I l l I. Standards in All Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . I l l 2. Standards Rn•Fences anCl Walls in the RU, RC, RS. RA and N-0 Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . , . . . . . . . . . . 111 3. Standards I'm Fcnccs Ilncl Walls in the C and M Districts . . . . . . . . . . . . . . I l l 4. Standards fir Fences and Walls in the PUD Planned Unit Development District . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . 14 . . . . . . . . . . . . . . . III 35-60. TRAFFIC; IMPACT ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 A. Pt11'1osc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 13. Applicability . . . . . . . . . . . . . . . . . . I . . . . I . . . . . . . . . . . . . . . I . , . . . . . . . . . . . . . . Ili C. T ri ff is Impact Analysis Report (Iontent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 ARTICLE VI. NONCONFORMING USES OR SI'TUAT'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 35-61. PURPOSE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I . . . . . . . . . . . . 116 35-62. APPLIC'ABIL.IT)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 35-63. DI"TERMINXTION 01: 1.1i(iAl. NONCONFORMIN(i S'lA'TUS RI;VIFW . . . . . . . . . . . . 116 A. Purpose, ReviCN'and DCIC111111a1io11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 13. Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 C'. Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 35-64, REGULATIONS TI IAT APPLY TO ALE. NONCONFORMING USES OR SIT'UAT'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 A. Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 13. Change to a I.egal Conforming Situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 C. Change to a Conditional Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 1). Maintenance and Repairr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 1. Routine MiUnlCIIUnCe/Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 2. Restoration and Repair Due to Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 35-65, CONTINUATION OF NONCONFORMITY AND COIv111I.F PION 01: NONCONFORMING DI VI?1..C)I'MI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 A. Continued Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 B. Change of'Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 C. Improvements and Restoration of NonconFormities . . . . . . . . . . . . . . . . . . . . . . . . . 119 D. Discontinuance of Nonconlormity . . . . . . . . . . . . . . . 1111 . . . . . . . . . . . . . . . . . . . . 119 .MARC I1 19,2002 i\ C'it1'a 'Jcf'i rsolf Zoning Ordinance I. Illegal Use . . . • . . . . . . . . . . . . . . • . . . . . . . . . . . • . . • . . . . . . . . . . . . . . . . . 119 2. Discontinuance ul'(.'se . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . 119 3. Discontinuance Due to Accidental Destruction . . . . . . . . . . . . . . . . . . . . . . 119 4. Discontinuance D)uc to Inteotiotlal Destruction . . . . . . . . . . . . . . . . . . . . . . H9 I . Nonconforming Lots . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . 120 35-66. EXPANSION OR 1?NLARGI?MENT OF NONC'ONVORMING SITUATIONS . . . . . . . . . . 120 A. Nonconforming Residential Use . . • . . . . • . . . . . . . . • . . • . . . . . . . . . • . . . . . . . . . . . 120 13. Nonconforming Misiness U:;c . . . . . . . . . . . . . . . • . . . . . . . . . . . • . . . . . . . . . . . . . . . 120 1. L.ocitlion in a Nun-Residential Dkirict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 2. SU•uctural FxpanSion . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 3. I'.xpansion of Nonconl'ormfng Use in Structure or Building . I . . . . . I . . . . . 120 C. Nonconfi)rming'Lelecomtnunications Facilitics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 D. Application I61. Expansion Re(luired . . . . • . . . . . . . • . . . . . . . . . . • . . . . . . . . . . . . . . 120 1;. Nolificnlion of Expansion and Protest . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 35-67. NONCONFORMING (.)FN-SI'RE l• PARKING LOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 35-08. I XENtI'I'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 35-69, RI SERVED . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 ARTICIT VII. ADMINISTRATION AND PROC'I DUKES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 35-70. APPLICATION. I'IiltNll'I' PRO('L:SSIN(i, Ill:ARIN(_i PROCIiDUR13S . . . . . . . . . . . . . . . . 122 A. Review and Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 13. Common Elements of Procedures . . . . . . . . . . . . . . . . . • . • . . . . . . . . • . . . . . . . . . . . 123 C. Pre-Application Conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 I. When Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 2. Submittal Itcyuircnunts Dcf;ine(I•. . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . 124 D. Application Requirements 124 I. Materials . . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 2, Application Time Frames for Board of AdJustment or Planning and Zoning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 3. Nllmbel'ofCopicS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 t(. Application Pccs . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 5. Review of'C'ompleteness of Application . . . • . . . . . . . . . . . . . . . . . . . . . . . 124 6. Director's Report and Recommendation . . . • . . . . . . . . . . . . . . . . . . . . . . . . 125 I . SmIT Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 I. Staff'Revicw . . . . . . . . . . . . • . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . 125 2. Review by Other City Departments and Outside Agencies 125 3. Agency and Department Comments . . . . . . . . . . . . . . I . . . . . . . I . . . . I . . . 125 4. Applicant's Respon=se . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 1'. Director's Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . 125 1. Action • . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 2. Authorily to C:ondilion Development Approvals . . . . . . . . . . . . . • . . . . . . . 125 G. Public I leanings and Notice . . . . . . . . . • • . . . . . . . ..• • . . . . . . . . . . . . . . . . . . . . . . . . 125 I. Purpose . . . . . . . . . . . . . . . . 125 2. Published Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . 125 3. Mailed Notice of Public I Icaring . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ' I . 1 126 4. Property Si},n . . . . . . . . . . . . . . . . . I . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . 126 5. Agenda Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . • • . . . . . . . . . . . 126 6. Nutlllcatlon of Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 7, Nolif ication of Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 it, Administrative Review Puhlic I learing Procedures . . . . . . . . . . . . . . . . . . . . . . . . 127 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 2. ('ondllCI of Puhlic I Icaring . . . . . . . . . . . . . . . . • . . . . . . . • . . . . . . . . . . . . . 127 M ARC't 1 11),2002 x Ci1y n j',h?1%'r.yon Zoning Ordinance 3. Notice of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 d. Record ol'I'roccedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 S. Continuance of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 6. RchcarinZ; PI-MedUl'CS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 I. Legislative Review Public I fearing Procedures(City Council) . . . . . . . . . . . . . . . . . 129 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . 129 2, Notice ofA Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 3, Conduct of•the I fearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 4. Record of'Proceedings . . . . . • . . • . . 129 5. Continuance of'Proceedings 129 J. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 K. Withdrawal of'Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 L. DvIel-r•al of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 1\11, Action on Applications Requiring Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 N. Fxpiration ol'I)cvelopment Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 1. Time of Fxpiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 2. I:ixtension Procedures . . . . . . . . . . . 130 0. Posl-Decision Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 I. Appeals ol'Action by Pinal Decision-Makcr' . . . . . . . . . . . . . . . . . . . . . . . . 131 2, Stay of Aclion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 3. Minor Amendments and Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 P. Revocation of'Permil or Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 I. Permits May Be Revoked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 2. Duties of DII"COOL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 ® 3. Notice and Public I Ic.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 q. Decision and Notice 132 5, EfTect Mid Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 6. Right Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Q. Applications Pilaf In the Public Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 R. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 35-71. SI'I•I; PLAN RI VI1:\t' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 13. Applicaability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 C. Application and Rcvicw Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 1). Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 !?. Decision-nrrker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 F. Validity, Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 35-72, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 A. Planning Clearance . . . . . . . . . . . . . • , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 I. I'ur'pnsc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 2. Applicabilily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 3. Initiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 4. Review Criteria . . . . . . . . . . . . . . . . . 137 S. Decision-makerr . . . . . . . . . . . . . . . . 137 6. Va►lidily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 B. Building Permils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . 138 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 2. Applicability . . . . . . • . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 3. Review Criteria . . . . . . . . . . . . . . . . . 138 4l. Decis ion-maker . . . . . . . . . . . . . . . . . 138 5. Application and Review I'roccdures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 6. An►endmenls and Adjustments 139 M.mwII 19,2002 xi ./jim-son Zoning Ordinance ® 7. Com)Iction of Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 1 t~ 8. Condition of'the Per mit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 9. Signatures on Permit . . . . . . . . . . . . . . . . . . . 139 I0. Posting oHlerntif . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 II. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 12. Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 13, Excavation Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 14, Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 140 C e'lllictle �I OlCU)inCy. . . . . . . . . . . . . .C. i 140 I. Purpose . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 3. Content of'CertiCicate cif Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 41. Certificate of Occupancy Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . 140 5, Decision-makerr 140 (i. IXsuance,ol"a C'ertilicatc of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 7. Issuance of a Temporary C ertilicate of Occupancy . . . . . . . . . . . . . . . . . . . 140 D. Fence Pertttik . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 1, Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 3. Application and Review Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141( 4. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1411 S. Decision-makerr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 1?, I 10111 Occupation Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 2. Applicability . . . . . . . . . . . . . . . . . . . I . , . . . . . . . , . , . . . . . . . . . . . . . . . , . 141 ® 3. Application and RCMOV PI'oCedurCS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 4. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1412 5. Decision-makerr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 G, Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1412 Temporary Use Permits I . I . . . . . . . . . . . . . . 142 I. Purpose . . . . . . . . . . . . . . . . . . . . . . I . 142 ?. Applicabilityy . . . . . . . . . . . . . . . . . . 1412 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1412 41, Review Criteria , 1413 5. Decision-maker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1413 (i, Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1413 Ci. Telecommunications Facility Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1413 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1413 2. Applicability . . . . . . . . . . . . . . . . . . 143 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14141 4l. Decision-Makcr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1414 5, Approval C'rilcr to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1414 6. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1414 7. Validityy . . . . . . . . . . . . . . . . . . . . . . 1415 11. C'hallge of Use Permil. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1415 I. Purpose . . . , , 1415 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1415 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 4, Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 5. Decision-maker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 0. Change in Use, Nonconforming Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.16 35-73. AI)MINIS'I'1 A'I'IVI:APPROVAL..- ut.VI,;1.oPMI-N'(' Plattvtl'f S . . . . . . . . . . . . . . . . . . . . 146 MARL II 19,2002 xii Cite o 'Jc' 'erson Toning Ordinance A. Conditional Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 I, Purpose . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 2. Applicability . . . . . . . . . . . . . . . . . . . . . I . . . . , . , . , . I . . . . I . . I . . I . . . , . 146 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 �I. Findings of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 5. Conditions that the Board ol'AdJustmenl May Impose . . . . . . . . . . . . . . . . 147 6. Decision-nmkcr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 7. Revocation of"I Conditional Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 S. Rehearing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 13. Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . 148 2, Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 3. Application and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 4. Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 5. Extent of,variance limited and conditions which may be imposed . . . . . . . . 150 h. Decision-makerr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 7. Rehearing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 8. Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 C. Appeals from Administrative Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 1. Approval Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 2. Decision-makerr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 11, Rehearing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 D, Special Exception Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 . I'tirpco . . y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . 151 2 Applicability 151 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 4. Review Criteria. 151 5. Conditions that May lie Imposed on the Special lixecption Use , . . . . . , . . 152 0, Decision-makerr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 7. Revocation ofa Special Fxccption Use Permit . . . . . . . . . . . . . . . . . . . . . . . 152 35-74. H:Ci1Si.A'1'11/F APPROVAL- 11I:RMITS . . . . . . . . . . . . . . . . . . . . . . . 152 A. Comprehensive Plan Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 2. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 3. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 '1. Review(.'rilcrin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 5. Decision-makers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 B. Aml'ndnlenl of 7,oning Ordinance'text and 7,oning Mal). . . . . . . . . . . . . . . . . . . . . . 154 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . 154 2. Applicability . . . . . . . . . . . . . . . . . . . . 154 3. Application Requirements, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 11. Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 5, Decision-makerr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 C. Planned Unit Development . . . . . . . . . . . . . . . . . . . . . . . . . 155 I. Purpose . . . , . . . . . 155 2, PUD Concept Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 3, PUD Preliminary flan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 4, Final PUD flan and Subdivision Plal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 S. Amendments to the Final MID Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 h. Lapse of�f'lan and Rezoning , , . , , . !60 7. Development According to the Final PUD Plan . . . . . . . . . . . . . . . . . . . . . . 160 MARCH 19,2002 xiii Cith ofJcffi,twon Zoning Ordinance 9. Review of Plans fin•Planned Dishicts Designated Prior to this Ordinance 160 9, TransCer ill Owrership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 35-75. DINEA.OPMENT AGRl?I (/IIiN"f:5 . . . . . . . . . . . . . . . 161 A. Development Agreements Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IGI B. Agreement to Run with the Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 C. Performance Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 b. Release from Development Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IGI 35-76. ANNI XA'I'fONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 A. Purposc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 C. Application and Review Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 1). Review Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I62 1:. Decision-maker . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 F. Zoning ol'Annesed Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 35-77, VI?S'1'1;1) RIGI ITS 1)F"ITRMINATI0N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 A. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 B. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . 163 C. Application and Review Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 U. Review Criteria . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 I:. Decision-make' , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 f. Validity . . . . . . , . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 35-78. 'I'HROUCiI l 35-79. RI SI:RVIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 ARTICLE' V111. I.iNPORCI MINT, VIOI.A'I'IONS AND PI':NAI:I'II.:S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 35-80. AUTHORITY TO ENFORCE ZONING ORDINANCI . . . . . . . , . . 165 A. I'.ntol-ccmcnt Official . 165 13. Action ol'the Directorr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 C. Cooperation ol'Other Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 35-81, VIOLA'I*IONS ANI) Pi;NAI..'I'II:S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 35-82. 'TYPES 01: VIOLATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 A. Use. Structure ar Sign Without Permit or Approval . . . . . . . . . . . . . . . . . . . . . . . . . . 165 13. Activities Inconsistent with this Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 C. Activities Without Permit or Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 1). Activities Inconsistent with Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I65 1?. Activities Inconsistent with Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 f*. Making Lots cu'Setbacks Nonconforming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 G. Increasing Intensity of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 I. Failure to Remove Signs ol.01he' Imps- vinents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 35-83, ENFORC•I:MI:N'I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 A. Ill wedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 13, Actions, Orders and Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 I. No Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 2. Agreement to Abate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 3, Noticcand Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 41. Withholding of Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 5: Permits with Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 61 Rcvocalion of* Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 7. Stop Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 8. Revoke Plan or Other Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 9. Injunction and Abatement . . . . , . , 167 ® I( . Muniril,cllCourlAction . 167 35-84, NOTIFICATION PROCI?DURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 MAIWII W,2002 riv Cam, r)J',Ic�%/E►r�ort Zoning Ordinance 35-85, RIGI IT OF fiNT RY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 35-86. SEPARATE,OFF1?NSI S MAY 13Y Cl IARGI:D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 35-87. 111:NALI'IIi S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 35-88, REMEDIES CUMUL-ATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 35-89, RI?SE-RVI'.D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 ARTICLE IX. DI I-INITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 169 35-90, l'UItPOSI,' OI-' DI:FINI'1'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 35-91. ABBREVIAT IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . 169 35-92. DI:FINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 35-93.111ROUG11 35-94. RI':SFAVI-1) . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 ARTICLE, X. FEE'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . 191 35-95. Fee Schedulc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 35-96. 'I'I IROLIG11 35-99, RI SI RVFA) . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . 191 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Appendix A Approved Planting List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Appendix A.I S.uall Trces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . 1 193 Appendix A.2 Medium'frees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . 194 Appendix A.3 Large Trecs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Appendix A.4 Approved Deciduous Shrubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Appendix A.5 Approved F?vergreens Ilor Barrier I ledges . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Appendix A.6 Approml Tall Evergreen and Conilcr'I'rccs . . . . . . . . . . . . . . . . . . . . . . . . 198 Appendix A.7 Approved Livc GPCrilndcovcl'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Appendix A.8 Approved Persistent `4ulches . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . 199 Appendix 1.3 "free Planting Detail . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 Appendix 13.I Stanclard`free Planting Detail . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 200 Appendix 13.2 Tree Planting Detail for C'ompactcd Soils . . . . . . . . . . . . . . . . . . . . . . . . 201 MARCH 19,2002^ X Al, o / wson Zoning Ordinance ARTIC E L GENh:RA1, PROVISIONS 35-I. S11110111,11,11111111E. "These regulations may be rcfcrrcd to as the Voning Ordinance,,, 35-2, GENERAL PURPOSE AND IN'1'h;N 11'. A. Regulations Consistent with 1'1111►. 'these regulations have been developed Ill accordance with the Comprehensive Plan for the City of JelTerson, Missouri which was adopted on November 3, 1969, the Supplement to the Comprehensive Plan which was adc,ptCd on Septertlber 18, 1978,the Land Use Platt which was adopted on March 13, 1 986,and the Comprehensive flan Update adopted March 14. 1996, Said comprehensive plans include estimates ol,population growth,land use surveys,a land use plan,plans 1'61.major thoroughlirres,other transportation facilities, community facilities,public services and utilities,and a capital inlprovcnlents program. B. General Purposes. Regulation of'the use of land is fundamental to optimum dcvclol).olcnt ol'the community.The /.oning Ordinance regulations are intended to: I, implement the goals, policies and strategies identified in the City ofJcflcrson (:'onlprchcnsivc Plan; 2, secure safety from lire, panic and other dangers: 3. promote health and general wcllnre: 4. provide adeduate light and air; S, prevent the overcrowding of land: 6. avoid undue concentration of l�upulnliun: 7. facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and R, protect and maintain the integrity and character of established neighborhoods, and retain historical and cultural resources. 35-3. AUT1111 )RIZATIC)N AND JURISDICTION. The Zoning OPClinilnee 01'01c City o1',Icflcrson, Missouri is enacted pursuant to the powers grunted by the Constitution and laws of the slate ofMissouri,including the authority ol'Chapter 89 ol'the klis,souri Statutes,as amencled(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 unincot7iorated arcs extending two miles oulward {'melt the cot-1loratc limits of the City. 35-4. COMPONENTS OF ZONING ORDINANCE. The Zoning Ordinance provides I61. the regulation of the dcvclopnlcnt and use 01' land within the City ul'Jcflcrson's Jurisdiction. The Ordinance is divided into nine articles as 161lows: A. Artielel est all lishes the Ii Ile,purposc,Jurisdicnonaald app IicahiIityol'the%oning,Ord inance and t lie responsibiIities of'clected and appointed officials in administering the Ordinance. B. Article 11 establishes zoning districts and the regulaliorls that are applicable to the development and use of land and buildings in each district. MARCH N,2002 I r Q), n/'Jcffi,r,c►u► Zoning Ordinance C. Article III estahhshcs overlay district le:mt1lation'i Thal, duc t:,unityne natural or development conditions, most lie applied, regardless ol'the undctly111V rolmw to ensure the public health, safely- and welfare, 1). Arlicie IV establishes su till lemellta ry conditions that are• necessary till.file Safi• and compatible development o1' specific uses. I?. At'IIcIe V estahltsl)cs design and improvcn)cnl statul:uds applicahlc to development of individiml parcels and subdivisions. Article VI estahlishesprovisionsforthcconti fill afion,expansion and of isconti nuance oflcgallyestahIished uses that It() longer comply with this /oning ()rtlinance. G. Article VII es(al)fishes file procedures fin'a cintinis(r;ltintt 01'1111S /.oriit)I;Ordirrtncc. 11. Article VIII provides 1,61.file ent'orccntcnt ol'this Zoning Odimmer and establishes penalties 161.violations, 1. Article IX defines the ferns used in this /oning Orclivanc e. ,I. Article X esfablishcs the Icc schedule for various pernrtls and applications. Exhibils with graphics generally are provided to illustrate II)e inicn) of file langmigc. When there is an apparent discrepancy between the text and graphic, the text shall supersede tl)e graphic. In cases where the 1:xhibit is a table. that lists standards, file I:xhibit shall he considered it recluireutent. 35-5. I21?SPONSI Ill LI ITS FOR ZONING ORI)INANCF, ADMINISTRATION. 1%. City(.'ouneil. The Cily('ouncil,also tcti:fted to 1S the('ouneil,shall have the zoning powers provided by RSMo, Chapter 89 including, 11111 not limited Io, the following: 1. Appointments. The Council shall have the power and responsihility to approve appointments and removals: a. Men)hc)s and altcrnalrs to the Zoning Commission,pursuant to§89.070.RSMo.and the Planning Commission pursuant to`59,320, RSN'lo. The City Planning and 'Zoning Commission is hereby designated the Zoning Commission for purposes of §89 070, RSMo., and the City Planning Commission till.purposes of`,9.33(f.2, RS lo.: and h. Members to the Board of AdJusurncnt, pursuant to ;89,080. RYMo. 2. Action on Planning and %onilig Commission Reco tit mendations. Fhe Council shall take action on all reconuncndations ol•Ihc Planning and/oning Commission by approval,conditional approval or denial of approval. 3. Appeals. The Council shall lake action un all;tppcals to actions ol'the Planning and Zoning Commission. 4. Revel-Sill oi'i'lanuillg and Zonirtf;Commission Reconrrncndalions. �1na!'lirmalivcsimplcma.jw•ifyvote of the entire men►hership of the ('ouncil shall he ralttired to approve or conditionally approve :ut application approval by the Planning Commission. All ;)ffirmative vote of two-thirds of the entire n)entbership oI' the Council shall he required to overturn or reverse a denial of any application by the 1'1anninp,Conlntission. • M,utc it I9,?ul),..__.__.__.. _ 2 t itl'o/'Jc,j/i'►'vott %nr►ing Ordintinve 5. Eslublisltnrrnt of Fees. fhc Council shall adopt Ices lot development permits and applications and shall decide nil all requests fur waivers to Ices. lees~hall be as provided ill Arlicic X, B. Phuulbtg 1111d Y.onhlg Commission. The membership, appointment,terms,vacancy and removal ofthe members of the I'lan11ing and /.arming Commission shall comply with Chapter 7,Scclions 7-171 and 7-172 of the Code,and §89.320. IMMo. The Director o(Tonumllity Development(or the Director's designee)shall serve as staff to the Commission. 1. hales olProcedure. The 111a1ming and/.oning Commission shall adopt Pules of*prOCCdltl'e COuNiStCut With file provisions of these regulations and �89.330. RS(\lo. 2. 111111111ing and tolling('alnmissiun Powers and Duties. file Planning and Zoning Conlnlissioil's powers and duties shall be in conform,,ncc Willi §89,010 1111'ough §89.41)k RSVIo., and Shull 'include,but are not lilliked to, the lullowing actions: a. Preparation and adoption elf a plan for the physical elevclopnlcnt of the Cily by resolution approved by a nl;ljority of'voic of the 1'1111 membership of'the Commission; b. Preparalion and rcconunendation of I Zolling Ordinance fur the regulation of height,area, bull:, location and use of priva(e, 11011-1)1'01'11 ,old public structures and premises and of population density: C. Review and make recomincndations to the Council oil all requeSts lur: (1) anlcnclnlents 10 fhc Comprehensive flan and Development flan Map; (2) nc:ighbol•hood or area plan~; (3) au11cnehnenfs to the OlTicial Zoning Map, (4) amendments to the text ol*tlic Zoning Ordinance; (5) Planned Unit Developments: (h) major amendments to Planned unit Development plans; (7) subdivision plats; (R) subdivision code text; (9) annexations; (10) Special 1'.xccption Use i'ermils; {I I) amcndlllcnls 10 the'I'horollghil11•c flan; and (12) vested rights determinations, d, Decide all requests liar variance from file provisions ol'Ihe Ordinance that are 1101 assigned to the Board of Adjustment or the Council: C. Make reports and recommendations relating to the planning and development afthc City,public improvements program and IIIl;Incillu, Olel ol: I. Preparation ol'reporls and rccontlneticlations relilling to the planning and development ol'the City topublic oil icials and agencies,public utllityconipartics,civic,educational,profes,ional and other organizations and citizens; and g. Execution ofotherpoweis and duties assigned 10,1 Planning and lolling Commission bystate law. 3. VoII,, . The nine member commission shall vote on and take aclion on issues brought beibre it. Alternate members may vote when necessary as provided lur ill Chapter 7, Section 7-17213 ol'thc Code. Mm ii 19,2002 3 C, Board of Ad.j►isimew. I. INIcn►hership. I lie composition and nlenlbershipol•tltc Iioanrd ofAdjusimcni ol•.Iel•ICrson City,also known herein as the"Hoard", shall he ill coalolmancc with §`19,080, RSNlo. 2. Board ol'AdjusUnent Powers mid Duties, 'I he Board of'Ad•lusttri0nf shall have the power aitd duly to cuttsulcr amt decide on the I;+Ilut%ill g ill Collli,rnlancc with ('halller 7, Sections 35-73B and 35-73C and RSlvlo. Chapicr 89: a. Appeals. I lem.and decide appeals where it I!; alleged by file appellant that there is error in any order,rcquirentent,decision urdctcrnlinattion made by an administrative o1.1'icial based on o►•made Ill the enl'orccmenl 0011C C'il�'%oning Ordinance. 'I he vote required to take.lily ol7icial action shall he as provided in§80,00.2. RSIMO, the proecdurex 1'01'filing an appealI sha11 be as provided i;t §59.100. RS1Mo., and the rules of procedure of the Board of Adjustment. The rules of procedure 1*01. the Board of AdjusUncnl shall spccik,the period ol'timc within which an appeal shall lie taken. Any patrfy aggrieved by a decision "I'the Board of Adjustment may present a peliIion to the Circuit C'outt as provided by §89.1 10, RSMo. l�or purposes of 11)is subsection,a ..party ah.gric%cd"means any person. Ile Iollhorhood organization, ol•Iicer, department, board.or bureau which is pernlilted by §89.110, RSN'lo., to present a pctifion to the court challenging a decision of the Hoard ol•Adjusilncnl. I►. Variances. In passing uponappcals,whrrcthercarcpracticaldifficulfiesarurutecessatylrtrdship in file way ol,carrying out the strict letter ol•lhe/.oning Ordinaulcc,the Board oi'Adjustnlent may vary or modify the application of any ol,the rcgulalions lit provisions ol*this Ordinance relating to the consU•uction or alteration ofhuildings or structures or the use of land so that the spirit o.fthe Ordinance shall he observed,public salety and wel fare secured and substantial.jutitice done. The lioai'd ofAdjusltncnt.hall not have the power to vary or modify any ordinance relating to the use ol'land unless the applicant de'mollst•alCS that IFlcrc is unnecessary harClship in the way ofcartying out ills strict letter of the zoning Ordinance. C. Conditional Use Peri►►ils. AIIthUti/V conditional use permits pursuant to Section 35-73A. d. Otber INlatters. I Icar and dcctde ;111 ntatlers rcfcrrcd to if or upon which it is required to pass under Ihis (.)rdinancc. e. Lin►ilation. The Board shall not gran) an variance to allow a use not permissible under the terms of this Ordinance in Ih+:district involved,or any use expressly or by implication prohibited by the terms of,►his(trdinalice in the district,or to alter or change the provisions or i'ciluiremcnts of the toning ()rdinancc or the zoning flap. 1). Director of Commuuify DevOopmer►I. 'I he Director of Community Devclopnlcnt, or the Directo)'s dcsignce, hereinallcr referred to as"the Director," shall have file responsibility and authority to adminisfcr and enflorce the provisions of this Ord inalice and shall have flu following powers and duties in connection therewith. The Director shall: I. SCrvC as stal•I•fur the Council, the Planning unit loniul. Commission, and the Board of*Ad,jtlstment and shall act as a liaison Io other agencius and organizations in planning and zoning matters. ?, Review,render interpretations and make recall mendalions regarding[lie provisions ul'the Comprehensive Plan. • �LUtt'I1 19,2002 C•ih. o ',Icffc►rrorr zoning Ordirrarrce 3. Review, render interpretations and slake recommendations lrgarding the provisions of the Zoning Ordinal Ice,the Official/.oning N'lalt.Advertising and`iigli Itcgulaliuns,tiuh%livision(.'odc,Building Code and C'odc ofthc City ul'Jclfrrsnn. 44. Acccpt applications fur.review an(I prepare stal'I reports rcennultcnding approval,approval with conditions or denying approval of applications 161. 1110 lirllowilig: text atncn(Imcnts to the Comprehensive flan, anlcndnlcnts to Development 1'1;111 Nlap,alrlcndnunts to the text ol•Ilic Zoning Ordinance,amendments to the 011icial Zoning i/ialt,subdivision plats, varialices,special exception hermits,conditional use hermit~, planned developments, and atlnexatioll petitions. 5. Review and approve,approve with conditions or dcliy approval of applications lift•all planning clearance, building and other certificates and permits Inchlding permits for site plans, special uses, temporary Uses, home occupations,changes of'Ilse. Traces and signs: h. Monitor and assist in the cnlitrcenncnl of, this Ordinance and ensure compliance with the tcrnls of ;application approvals. 7, Review and approve.approve with conditions or denyapplications tin.all Iloodplain(development permits to ensure that the provisions ol•this Oldin;ulce will he 1111 and that all necessary permits have been obtained from federal,state and local gover•nnlentll agencies including approval whet) re(luiNd from the US Army Uorps of'Engineers 101 Iloodplain uulst•rlction. S. Approve minor amendments to planned unit development plans. ® O. Approve. where such authority has been delegated by the terms ol'this Ordinance, minor exceptions to this Ordinance. 10, The DirccIorshall keep cot nprellcnsivc records ol'applicaIions,permits and certificates issue(l,inspections made.reports rendered,and notices or orders issued and ofall permits,appeals,variances and such other• transactions and correspondence pertaining to the administration ol•this Ordinance. All such rccords shall be open to public inspection at reasonable houl:s,but shall not he rCnloved From(lie olflce o1 the Director. ('opies play he obtained I•ronl the Director and a Ice shall be paid for the cost of reproduction. 1 1. 11,1110 Director I•illds that one ol•IhC provisions ol'this Ordinance is lacing violated.the Directorshall notify in writinf; the person responsible fur such \iolation, indicating (he nature o1•the violation and ordering action nccessary to correct it. The Director shall order: a. the discontinuance ol•the illegal Ilse of land, huildings or structures: h. thercnwvalof illcgalhuildingsorstruclures.nraddituns,altcratiimsorstructuralchangesthcreto: C. the discontinuance ol'any illegal work hcing done: d. or shall take ;lily other action anthorired by this Ordillance and the City. E. Coordination with Other 0111cials. I'hc Director ol, fransporlalion , Director ol•Parks and Recreation,Chief of I►olice,F ire C'hiel', City Counselor and City I►roSCClI101'shall assist the Dit cctor in the enforcement ol•this Ordinance. I'hcyil)ayhcnlenlbcrsoI'ally col nlit lee estahlis led lorl lie revicwofdevelopment app IicaIions. UI•ficialsol•public utility companies also may he included in ally plan review collinlitICC Ill or(ICI• to (Ietet•Illille that utilities will he available li+r the propose(,d"clopnlcnl an(I will he sufficient to meet the ncc(Is ol'Ihc new residents urutilily Users, NlmwiI 19,2002 t C tl q ./c f�i'rsolt Ailing Ordbranve 35-6. AITI,IC'AII11,1'1'Y. A. Development Suhjeet to Regulalion, 1, No struclure shall he creocd, converted, cilliu•gcc.l. reconstructed or s(ruclur•ally altered, nor shall any building or land be used: tl, except liar it purpose permitted in the distriul in which the building or•land is located; b, unless the Ilse is colidticled Ill accordance with the conditions established in this Ordinance; C. unless the site mid all structures on the site lure designed and constructed pursuant to this Ordinance.and d, until the use or developinenl has been authorized or permitted pursualll to this Ordinance. 13. Isxenlpt from Regolatiolls. C erlain structures and uses are exempt from this Ordinance and shall be permitted in ally district as Collows; I. Any pole,wire.cable,conduit, vault, latclal,pipe, main. valve, regulator(including gas regulator)or any other similar oxluipnlrm I'or transmission or distribution to customers ol'1cicphonc or othcl•conllnunicrltion services,cicciriclty,gas,steam or water,or the collection of smagc or stll'filce water operated or rilailitallled by a public utility,but not including ally ccllulilr lower,electrical substation,switching station,lift station, punlpin�g house, water hank or water lower located on or above the surfilce of the ground; 2, Any railroad tract:. signal.bridge or similar facility or equipment located on it railroad right-ol=way; and 3. Any building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building hermit, provided file location o('the building or trailer has been approved by the Director, and provided it is removed within hO days of issuance ofa certiltcate of occupancy !iu•the enti►c project. 35-7. MINUNIUM RI%QUIREMI'XI'S. The regulations of,this Ordinance shall be regarded its the mininuull requirements necessary loo. the protection od'public health,safety or the general wcllhrc. This Ordncuacc shall he Iihcr;Ill} inlcrhrclyd in order fo Iurlhcr its undcrlyittg purposes 35-8. RULES OF INTP'R I'll E-FA'1'ION. A. Rules of I,ltn};uage. For the purpose oI'this Ord inalice, certain lernls are hereby defined, 1. Words used in the present tense shall Include the fulurc: 2. The particular controls the general; 3. In case of lilTercnce ofmcanllig or implication betwccn the teal 01'111C Ordinance and file captions liar each section, the text shad! control; -l. All words,terms and pfu•ascs not otherwise defined herein shall be given their usual and cuslortlary mooning as defined in illy recognized suuldard Fliglislt dictionary, unless the Lonlext clearly indicates a dilTerent mating was intended GO, of'Jef%ercon Zoning Ordinance 11, Corn ►utalfon of"Time. Unless otherwise s lccif icaIl - provided the time within which an act is o I y l t be completed shall he computed by excluding the lust clay and including the Last clay,unless it is Sunday,which shall be included in the computation of'time. All acts must be conlple(e1 within (he time frame specified subject to extension periods Provided herein. 35-9. COORDINATION VNI'1'I1 O'1'11ER REGULATIONS AND PLANS. A. Consistency with Comprcheusive Plan. The Zoning Ordinance provisions acct requirements shall he ill Coll Forma lice with the Co111prehensive Plan and the Devclopmmtit flan Map. B. Conflict. Whenever any provision ol'this Ordinance or any other applicable law, rule, contract, resolution or regulation of the City, County, State or federal government contains c.rlain standards covering the same subject Ilia(ter.the more restrictive requirements or higher standards shat)govern. Whenever this Ordinance requires a lower height ofa building or lesser number ol'storics,or requires a greater percentage of the lot to be left unoccupied,or imposes more restrictive standards than are rca.quired pursuant to any other statute or local regulation, these regulations shall go','Crn. In case of Ccmllicis within this Ordinance, the more specific or restrictive provision shall apply. (Sec§89.130, RSMo.) C. Development Under Prior Regulations. 1. Existing lases. lixisting legal uses may continue in compliance with this Ordinance or as legal lioncontornling uses in conformance with Article VI. 2. Lots i�-ith Noncor►fornliiig Dinlensiorls. Sa.tbject to the provisions ol'Article 1'I ol'this Ordinance,existing legal lots That do not meet minimum requirements liar dimension and a rca may be developed subject to compliance with all other applicable standards of this Ordinance. Deviations for other than dimensional or area standards shall recquire a variance from the Board of Adjustment. 3. Development in l'rogi-ess. lJpon the d<rtc ol'pnss;age ofthis Ordinance,all cicvelopnlent shall comply with the requirements of this Ordinance unless the applicant can demonstrate that he has proceeded with the development in good luilh, acting upon assurances of the City as manifested by the following; a. A building pc-nlit has heCll issued to Ills applicant and the applicant has made substantial cxpCnditures, done substantial Construction, and will Complete the wort: 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 cftcct; or C. The applicant has submitted a completed application under the prior%oning 01-dinance at the tinge of adoplion ol'this Ordinance and that application is approved; or d. The applicant nlaintailas a valid per'llllt rstilrCd 1111der(lie prior Ord inalice. Council approval shall he required for all extensions of nonconforming applications for more than 12 nlonths after adoption ol'this Ordinance. 1). Relalion to Other Regulations and Private Agreements. file provisions of Ihis Ordinance are not intended to of ect any decd restriction, covenant, casenlelt or any other private agreement or restriction on the use of land; provided, that where till'provisions of this Ordinance are more restrictive or impose higher standards than any such private restriction.Zile requirements of this Ordinance shall control. Where the provisions of any private restriction ® are more restrictive or impose higher standards than the provisions ol'Ihis Ordinance,such private restrictions shall control if'properly cliflorced by a person having the legal right to enforce su;;h restrictions. Ni m 91 19,2002 7 Cite+ c�_/'.LtJ? c►reeve %nning Ordhiatice 35-10. APPLICATIONO F R1?GULATIONS 1)URING LOCA1, h.NI ERG h:NCY. The Council s11u11 heave the authority to waive certain standards ol'this Ordinance (luring local emergencies declared by Federal,state or local ot'licials. 35-11. ZONING OF ANNEAEA) LAND. Land that is voluntarily Annexed shall be classified as RU Rural Use District ulless -it plull I'or its use is submitted in accordance with Section 35-76. Land shall be re-zoned in accordance with Articic V1I, Section 35-75. Land that is involuntarily annexed by the City shall he zoned in accordance with the 1'1,111 of Intent, ifapplicablc. 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 al'lect the validity ol'the remaining portions of This Ordinance, The COL11161 of the City ol'.lefferson 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 filet that any one or more other articles, sections,subsections.sentences,clauses and phrases be declared unconstitutional. Therelore, it is hereby dcclared to be tltc legislative intent that:(1)the effect ofsuch decision shall be limited to that provision of provisions which arc expressly stated f l the decision to be invalid, and(2)such decision shall not aflecl, impair or nullity this Ordinance as a whole orally other part thereof', but the rest ot'thc Ordinance shall continue in tali lorce and effect. 35-13. THROUG1135-19. RESERVI?U. MARCH 19,2002 8 J ARTICLE II, DIS'I'RIC'I' Ith;GU1,,\'I'IONti, 35-20, IIUItPOSE(.)F ZONING I)[S'1'1tl("I'S. "these regulations are made in accordance with the;uloplecl C'oniprchcnsivc flan lilt file City o1'Jeffe•son. The City is zoned in districts that are established to achieve the purposes set forth in Section 35-2 as d0111Cd by cash district's puli11ose. 35-21. APPLICATION OF MINING DISTRICT REGULATIONS, A. The dish9cl reg ilalions apply uniformly to each class and type ol'structure or Fuld,within each district as specified, except as may be provided otherwise within this Ordinance. To cart.y out the purposes ol'Iliis Ordinance, the City is hereby divided into live general classifications ofdistricts. RU and RC District Rural Use and Mural C'onscrvation R Districts Residential C Districts Commercial M Districts Industrial PUD Planned Development B. The classifications ofdistricts are further divided into the following specific districts: RU Rural RC Conservation RS-I Residential, Low Density Detached RS-2 Residential, Lnv; Detached RS-3 Residential, Medium Density Detached RS-4 Residential, Medium Density I)cracked R1.) Resl(Iellti;ll, lvlediunl Densily Attached RA-I Residential, Iligh Density IZA-2 Residential, high Density N-U Neighborhood Ol*fice (.' U Office Conuucicial C-I Neighborhood Commercial General Commercial C-3 Central Commercial N11-I light Industrial tit-2 Ocnc•al lndustri,ll Pl1D Planned 1-flit Devclopincnl 35-22. ZONING MAP AND I)ISTItIC'I' I101.1NDAItIFti. A. The 11ou11daries of file district ale shown uprnl the 111,11) attached hereto and made a part hereol, which map is designated as the "OlTicial rolling Map." file Official Zoning Map and all notations, references and other information shown thereon are a part ol'this Ordinance and have file same force and effect as ifthe Official Zoning Map and all the nowliow;, relerctlecs and other inlor111:16on shown thereon were all fully set forth or described hercitl. The Official L,nning 'vlap is properly attested and is on file with the City Clerk. 13, Whenever any street, alley or other public way is vacated by official action of the Council, the zoning district 11(i.j 11111118 C116 Side Oi'Sildl Streel,alley,or public way shall he automatically extended to the center ol'such vacated areas and all area included in the vnc:alion shall then Mid henceforth be subject to all appropriate regulation~of the extended districts. MARCI1 19,2002 �a City c�f.Icjf"cwson Zoning Ordinance C. where uncct•tainl exists with respect to the boundaries oI,the various districts as shown on t t O'- • Zoning Y I r he . (Itctal7.c. upgMap accompanying and made a (part ol'this Ordinance, the Following rules apply: i. The district boundaries are either strecls, cenlcrlines of streets o►• highways, or alleys, unless otherwise shown,and where the districts designated on the map accompanying and made a part ol'this Ordinance arc bounded approximately by street,centerline:ofst•eets rn•highways,or alley lines, the street or alley shall be constnted to be the boundary ol'Iltc district. 1 The boundaries indicated as following section or aliquot lines shall be coast-Icd 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 hereal'ter be divided into blocks and lots,the district boundaries shall he construed to he the lot lines, and where the districts designated on the Official Zoning Map accamnpanying and made a part ol'this Ordinance are bounded approximately by lot lines,the lot lines shall be COrnSlrtlCd to be the bOUildary ol'tltc districts unless the boundaries are otherwise indicated on the trap. 4. in urtsubdivided properly, file district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use ol'the scale appearing on the map. 5. Parcels Split by•I'wo or More Zoning Districts. Where a district hounda►y line(s) as established by this Ordinance or as shown on the OI'licial Zoning Map divides a lot which was in single ownership and of record on the date of adoption of the Ol'ticial /.oni(It:; Mn1p1, the use thereon and file other district requirerprents applying to file district within which the larger portion ol•the lot lies shall apply to the entire lot provided the district boundary line dividing the parcel is within 30 Feel of the lot line. If the distance from the district boundary line and the lot line is greater than 30 lest, the separate districts shall apply to each portion until such time as the parcel may be rezoned in accordance with Section 35-74. 1). Maintenance of Official Zoning Map. If, in accordance with the provisions ol'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. 35-23. GEAERAL STANDARDS APPLICABLE TO ALL ZONING DISTRICTS. A. Authorized Uses. Fxhibit 35-28 lists uses authorized and prohibited in ►he Mural and Conservation Districts: RU and RC; in the Residential Districts: R5-1.RS-2,RS-3.RS-4,RD,RA-I,RA-2 and N-O;a.nd in the Non-Residential Districts: C-O, C-1, C-2.C-3, rvl-I and N1-2. Ii. Supplementary Conditions. Development in zoning districts shall conform to the supplemental conditions applicable to specific uses in the particular district as established in Article 1V ol'this Ordinance. C. Site Design and Lnpr+►vcutcnl Standards. Development in any zoning district shall conform to the site design and improvement standards as established in Article V of IIIis Ordinance. 1). Special Conditions. Development shall conform to file special conditions applicable to a specific district as established in Sections 35-23 through 35-27 ol'this- Article. E. Residential Uses. All residential uses,wherever located,shrill comply with the applicable adopted building and fire codes. NIARCI1 10,2002 10 Ci& rJ',/cJjt�ntir►rr Zr►►rirrl,► Ordinance 35-24. RURAL, AND CONSERVATION DISTRICTS, IM AND RC. A. RU Rural District. 1. Purpose. RU Dist•icl is intended lur very low density rctiidential uses and the continued operation of existing crap farms and ranches. Some higher intensity uses may be authorized where adccluate access and services are available. 2. Special Conditions. The Following special conditions shall apply within the RU district: a, District Size. (I) Minimum district size: 'there is no minimum district size. (2) Maximum district size: "There is no nmxinnur6 district size. h. Location and Al-cess Standards. No standards have been established for this district. B. ItC Conservation District. 1. Purpose. RC District implements the Parks and Opcn Space Development flan Land Use Category. RC District is intended For the maintenance oFrural areas and preservation ot'environmentallysensitive lands. 2. Special Conditions. The Collowing special conditions shall apply within the RC District: a. Disu-icl Size. (1) Minimum district Sire: 'I llel'e is no mininuun district size. (2) \'1ax66tumt district size: There is no maxlnitlnl district size. b. Location and Access Standards. No standards have hcen cstahlishcd for this district. C. Residential Uses. Residential uses are prohibited, 35-25. ItFS11)EATIA1, DISTRICTS: RS-I, I(S-2, RS-3, RS-4, RD, RA-I, RA-2, 6N-0. A. RS-I Low Density Residential District. I. Purpose. The 10-1 District implements the Low Density Residential(Detached)Development Plan Land Use Category. The RS-1 District is intended 1161, low density residential living and public uses that traditionally serve residential neighborhoods. 2. Special Conditions. The Following special conditions shall apply within the RS-I District: a. District Size. (I) Minimum diSt'ict Size: Thcrc is no mininrtun district size. (2) Maxinnmi district Size: 'There is no maximum district size. 16. Location and Access Standards. No standards have been developed for this district. ktmv,,'ll 19,2002 11 Go, of.fefkrcon Zoning Ordinance____� �. B. RS-2 Low Density Residential Dis(rict, i. Purpose. The RS-2 District implements the Low Density Residential(Detached)Development Plan Land Use C'mcgory. The RS-2 District is intended I'm lower density,detached single-family residential living and activities that traditiom►Ily save residential neighborhoods, 2. Special Conditions. The following special conditions shall apply within the RS-2 District: a. District Size. (1) Minimum district size: 'There is no minimum district sire. (2) Maxilnunl district size: There is no maximum district size. b. Location and Access Standards. No standards have been developed for this district. C. RS-3 Medium Density Residential District. 1, Purpose. The RS-3 District implements the Medium Density Residential (Detached) Development Plan Land Use Category. The RS-3 District is intended lily medium density detached single-lamily residential dwellings and activities that traditionally serve residential neighborhoods. 2. Special Conditions. The Ibllowing special conditions shall apply within the RS-3 District: a. District Sire. . . . (I) Minimum district size, There is no minimum district size. (2) Maxlnlnnl dititrict size: There is no maximum district size. b. Location and Access Standards. No standard:: have been developed for this district. 1), RS-4 Medium Density Residential District, I. 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 1,6110wing special conditions shall apply within the RS-4 District: a. District Sire. (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 developed for this district. 1;. Iti) 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 MARCI 119,2002 12 City(4',Ldf rsoll Zoning Ordinance _ 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. Mst•ict Size. (1) Minimum district size: 'There is no minimun►district size. (2) Maximum district size: 'There is no maximum district size. b. Location and Access Standards. No standards have been developed for this district. 1". RA-1 Residential District. 1. Purpose. The RA-I District impIcntcnts the Iligh Density Residential Development Plan Land Use Category. The RA-I District is intended For medium-high density residential living and includes various dwelling types,such as single family dwellings, townhouses, row houses, triplex and tour-plex dwellings as well as activities that traditionally serve residential neighborhuods. 2. Special Conditions. The following special conditions shall apply within the RA-i District: a. District Size. (I) Minimum District Size: The minimum district size shall be one acre. (2) Maximum District Size: Thcre is no n►aximunt district size. it. Location and Access Standards. No standards have been developed for this district. G. RA-2 Residential District. 1. Purpose. The RA-2 District implements the Iligh Density Residential Development Plan Land Use Category. The RA-2 District is intended Tor high density residential living and includes various dwelling types and densities including single iamily attached dwellings,townhouses,row houses,triplexes,flour-plex dwellings, apartment buildings and other types of nu hiple flintily dwellings as well as activities that traditionally serve residential neighborhoods. 2. Special Conditions. The I•ollowing special conditions shall apply within the RA-2 District: a. District Size. (1) Minimum district size: The minimum district size shall be one acre. (2) Maxintunt district size: 'There is no maximum district size. b. Location and Access Standards. No standards have been developed 1'or this district. i1. N-O Neighborhood Office District. 1. Ptu-pose. This District is intended to provide to a mix of detached single family residences and low intensity office uses. Mmicn19,2002 13 Citl> nf',/effc��tcurtlunirt�► Ordiiiunrc� . 2. Special Conditions. The lilllowing special conditions shall apply within the N-O I)istl'ict: a. DisWict Size. (1) Mininlunl District Size: I Ile minimum district size shall be one acre. (2) Maximum District Size: No maximum district size. b. Restrictions oil new buildings, additions or alterations to existing buildings: (I) i leight may not exceed the mean height ol'principal buildings on abutting parcels; (2) t0 existing buildings shall not exceed the average setback of the abutting buildings. (3) New buildingS, additions nr alterations shall be in conformance with neighborhood conservation or neighborhood historic preservation design standard,, ifapplicable. C. 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 35-5£. (3) No conlnlercinl activity shall be conducted outside the principal building. (4) Office operations shall be limited to tilt., 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 insicle the principal building. The retail sales area may occupy not more than ten percent of'the floor area devoted to the prilllary use. 35-26. NON-RESIDENTIAL DiSTRICTS: GO, C-I, C-2,C-3, W-1, 119-2. A. C-O Office Commercial District. I. Purpose. The C-0 District implements(lie Commercial Development Plan Land Use Category. Tile 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. 2. Special Conditions.The Following special conditions shall apply within the C-O District: a. District Sire. (1) Minimum district size: 'there is no minimum district size. • (2) Maximum district size: There is 110 Illilxlllllllll district size. b. Sh-eel Access. No C.-f) District shall derive its primary access from a local street abutting a residential district. MARCI 1 1O,2002 14 City ojlc!1jLrson Zoni►rg Ordinance B. C-I Neighborhood Commercial District. L Purpose. The C-I District implement~the Commercial Development flan Land Use Category. The C-I District is intended to provide small convenient, indoor retail/commcrcial services and oflices, 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; 'l•he C-1 Neighborhoocl C'onnnei-cial Disiricl is 1wirrrar•i!V intended to he a commercial and retail zoning disti-ic•t. Due to the nature of illese uses and the atterrclant traffic and noise, Deleons inhabiting resiclellfial Ilms• in non-l-esidential buildings, as do fined in Article Lt; should not clpect to find the quiet and loll,Icl cl of'ambient noise nor•nralli,finincl in rrsiclential clis•tricts•. 2. Special Conditions. The Iollowing special conditions shall apply to the C-I District: a. District size. (I) Minimum district size: Minimum district size shall be one acre. (2) Maximum district sirs: Maximum district size shall not exceed ten acres. b. Location and Access Standards. (l) C-I Districts shall be separated by a distance of at least one-pal I'mi1c; (2) C-1 Districts shall be located within one-quarter mile of the intersection ofan arterial street and a residential street; C. 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 tacks 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. BLIfTering, landscaping and open space areas are required to mitigate impacts of'thc more intensive land uses and traffic activities as well as provide adequate access and traffic improvements. 2. Special Conditions. Tlic 1011mving special conditions shall apply within the C-2 District: a. District size. (I) Mininlunl district size: Minimum district size shall be one acre. (2) Maximtrnl district size: There is no maximum district size. b. Location and Access Standards. (I) C-2 Districts shall be bordered oil at least one side by an arterial street. (2) No C-2 use shall derive its primary access front a local street abutting a residential district. 1). C-3 Central Commercial District. MARCH 19,2002 15 Citti!#Jefferson Zoning Ordinance 1. Purpose. The C-3 District implements the Commercial Development Plan Laud 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 (lie State Capitol and Downtown. Note: The C-3 Neighborhood Commercial District is prinmrihv intended to be a commercial and retail :owing clisir•iel. Due to the nature of these uses and the attemlanl lrgfe and noise,persons inhabiting rcWtlewial uses in non-resdcntial buildings, as dc.,Jincd in:Jrticle L\, should not tw1wel to.find the quiet and low level ofambient noise in res.idcntlal distrlcty. 2. Special Conditions. The following special conditions shall apply within the C-3 District: a. District Size. (1) Minimum district size: 'there is no minimum district size. (2) Maximum district size: 'there is no nuixinuun district size. b. Location and Access Standards. Nos ta ndards 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. E. M-1 Light Industrial District. 1. Purpose. The M-I 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. n1. District Size. (l) 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-I 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 he provided on any site for a caretaker or night watchman. MARCH 19,2002 16 City v 'Jc' 'imrcou Ailing Ordinance rr F. II-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-I District as well as more intensive manufilcturing, processing of raw materials. i;xtcnsivc bulTcring,, landscaping and open space areas are required to mitigate impacts of the intensive land uses and traffic, 2. Special Conditions. The 1611oMlig special conditions shall apply to development in the M-2 District: H. District Sire. (I) Miltintuill district size: Minimum dislricl size shall be ten acres. (2) Maximum district size: 'There is no maximum district size. b. Location and Access Standards. No M-I District use shall access a street in a residentially zoned district. C. Residential Uses. Residential uses arc prohibited as principal uses, however,one single dwelling unit may be provided on any site liar a caretaker or night watchman. 35-27. PLANNED UNIT DEVELOPMENT DISTRICT. A. Purpose. To provide land use and design flexibility ill 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 execration ol'a development agreement to provide for (lie installation and continued maintenance of public and private theilities. The PUD District requires review pursuant to Section 35-74C lu ensure that development flexibility results in high quality developments providing atiaenities for district residents and long-term benefits for the community as a whole. 13. Establishment of Allowed Uses. The following uses Wray he authorized within the Pllll district at the discretion of'tile Council: I, 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 borne subdivision development in coo fornlance with Article IV, Section 35-41. C. Adoption and Modification of Authorized Uses. The Council, it 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 V11,Section 35-74C ol'this Or(Iinance. MOdif ication oi'the authorized use lists Ior any planned development shall be processed pursuant to the rezoning process established in Article VII, Section 35-74C of this Ordinance. 1). 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 ininanlnm standards of this Ordinance. IVIAItt'11 19,2002 17 C y of Jefferson Zoning Ordinance 2. Mittimum District Size. A minimum of lea acres shall be required for the establishment of the PUD District,unless the i'lamlirtg and Zoning C'omnlission reconrinends and the Council finds that a PUD district is appropriate for the development or redevelopment of a smaller infill site. 3. Locution and Access Standards. (a) Location. The PUD flan shall be compatible with existing and planned development on adjacent propctty. The Planning and Zoning Commission may recommend extension of the PUD District to include additional area, including those area.~where a previously approved PUD District abuts land of a different zoning (b) Access. The PUT) Ilan shall include provisions to coordinate with existing and proposed transportation systems, including streets, transit facilities,bikeways or pedestrian trails. 4. 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 anicnitics provided for users of the development. 5. Non-Residential Intensity. For non-residential development,a)llaxllllr1111(1001' area ratio(FAR)shall be established at the tinic ol'the planned development approval process. In determining the maximum FAR, the Planning and Lolling 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 bicycleipedestrian facilities; and e. 'i•he adequacy of utilities and public Iacilities and services. 6. Setback. Building setbacks shall be not less than the minimum setback standards established in Article V for the district that implements the designated Developient 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 Im the protection ofstecp hillsides,wetlands or other environmentally sensitive natural 1•eatures; and d, all buildings are provided with adequate emergency access for fire protection. 7. Community Amenities. Deviation from dies tandards may be recommended by the Planning and Zoning Conitnission and approved by the Council subject to the provision of the following community amenities. a. Transportation amenities, including additional trails,hike or pedestrian amenities,and/or transit- oriented improvements(including school bus shelters); b. Park land dedication and facilities 1,61-active or passive recreation; MARCH 19,2002 18 CYty ()j'. eLej-tiott 7_ming Ordinance C. Open space or agricultural land reservalion: d. Community facilities For provision o1'public services beyond those required for development within the PUD: or C. Other provisions in excess ol'mininnlm standards that the Planning and Zoning Commission and the Council find provide sufficient cam munity benefit to offset the proposed deviation from strict development standards. 8. Landscape Buffers. The placement and extent of landdscape butlers shall be depicted upon the PUD Plan and approved by the Ilanning and Zoning Commission, however,the standards for such butTers shall not be less than those contained in Section 35-59 and landscape buffer;s in a PUD shall ill no case be less than the landscape butler required by I xhibit 35-59A and I•Allibit 35-5913. L. TraMe Impact Analysis. In the case of large or complex devclopments,the Commission may recommend and the Council play require that a traffic impact analysis be prepal•ed pursuant to Section 35-60. 1'. Approval of PUD by Adoption of PUD Ordinance. Approval of the PUD, by adoption ol'an ordinance that sets forth the conditions fin•development of the PUI),al lows the development and use of a parcel of land under certain specificconcditions, No use ol'theparcel,1101•C011SIRI00011,n1odificut ion,oraI(claticnl0fa fly Ilse or structures With ill 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 orddinance. At the option ol'the City,a development agreement may be drawn up between the parties. C. Coordination with Subdivision. 1. Conformance with Subdivision Review. Subdivision review, in accordance with Chapter 33, The Subdivision Regulations, shall be carried out simultancously 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 Vll shall satisfy the requirements of the Subdivision Regulations I01'preliminary plat and final plat in Chapter 33, 3. Final Plat Not Required, When. The requirements(11'this Section and those ol'Chapter 33 shall apply to all PUD pro•iccls,provided,however, that when the PUD is proposed in an existing subdivision and no changes are proposed to ex isling lot bOL111dal•iCS,rights-ol way,01•pUbliC o1•private casements,no new final plat shall be rcquirccl. II. Relationship to Building Codes. In no case shall the requirements of any adopted building or lire codes be varied as a part ol'the approval process of a PUD. I. Planned Unit Development District Designation. The Director shall show the approved PUD District on the O['licial liming Map by specifying the otlicial cdevclopnlent rile number. 11. Amendment of the Plan. A PUD Plan may be amended in conformance with Article VII, Section 35-74C. MARCH 19,2002 1�) City o/',/dfersorr 7,onhig Ordirranee 35-28. MATRiCES OF PER11iIT ED,CONDITIONAL AND SPE'CiAL, EXCi.PTION USE LAND USES AND CLASSIFICATION OF USES NC�'1' LISTED. A. Land Uses Authorized in Zoning Districts. Exhibit 35-28 lists the principal uses allowed within the zoning districts, The categories ol'uses listed bclow arc subject to all other applicable standards of this Ordinance. The Exhibit lists use categories and an abbreviated definition ofeach respective use category. (n some cases,"Specific Use"Types"the listed in the second column ol'the table. II'a Specific Use 'Type is listed in the table, that use type is allowed only within Cite 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"indlicales that the listed use is allmved by-right within the respective zoning district. SE Special Exception Uses. An"SI "indicates that the listed use is allowed lvithin the zoning district onlyafter review and approval of"I Special Exception Use Permit by the Commission and Council, in accordance with the review procedures of Article VII, Section 35.731). C Conditional Uses. A "C" indicates that the listed use is allowed within the zoning district only after review and approval ol'a Conditional Use Permit by the Board ol'Adjustntent, 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"fable 35-28, the Director shall determine the appropriate district or districts where SUCII Use shall be allowed based oil a comparison of other uses which most closely resemble the unlisted use. Classification of'a use may he appealed to the Board of Adjustment. • MARCII 19,2002 20 W W �, I i U U U UJ + U � � i �- I Q C-);, CL J UI O N i i I � CY) ._ Flo a n. IL! n U � ! o. n� a Ui �' ^) a.! d I a. LL I U ' CL I CL i + ; + I LL � j U A CL ai n , i I , t U � I � i , I a i Vi O V1 C-� W!i , + LL W' ! CL , , i i , , i i wj i , . CL C-) _ !� I ' a�i C0 CL, i ; I CL e�CO CL! j i I i I CL i i I , j Uj �,! + , m 0 C � 0 m ' N •(D 'o o 4.. C a o tCA _D ` C O U U a c c' Q J @ cr .0 •U M m sm. U) cz N N V D a) T) E E -5 � •• s O O U N N N is v c U _ fU C V c0 _ N `O U U F- F- N 01 rn s >O c N N - _ C O �: Q L]' Q .�- N N a W - C m co 0 ca CD N E E _ to = ro ° m N N E ° E n m •ti co• m E 0) • O f0 U U O O CO C ._. Ll. U- m 'D C O - C C C = L1 Z C 7. C N c N c N �v o CL m E' o' a� a� m v v -o � s °' rn C 5 v a°i o O1 i. aa) m �' 3 0 a aNi C14, M `7• tf•) CC) C t` CO fn CF) r. N M 4 6 O; 6 E t` O N rn °' c o ' m a � Q .J co ui Q i [L �r `? ri a o_ a a n_ a_ a CL I � , V CL U N Q V a_ A i z N cy)n C r .r l u. N i ' CL i A� U cn a U o U t i w w ' a_ U LL U �+ U a U � . a. 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N U) j y O O O O O O O �- O rt) t I m o o m b a z c a C I u a F� in 00 000 } t� O O m .-F, c c Y t: a c ZS u w: o ro o o o o o i © Q j C 2 Q1 � c- V �I w � x 6) fn N N CO O O O) N Q) v QO ) vi O U t Lo " ) c U O C 7 w m 0 N a � a a Un CU c E _. o - o m cf) U w O 0 O 0 cn m i U U 0) ° ? Q),of Jcff"cm-son Aning on i►►u►►ce Alt'I'tCl.l; 111. OVI?I21.A1' DIS'1'RIC'1` I21?Gl,'t.\'1'!O\S. 35-30. REDEVI.LOP�II?i1''I'OVI?RI,AI' DIS'!'RIC"1'. A. Purpose. The primary purpose ol'the Rcdevclopment Overlay District (ROD) is to: I. eliminate a trend toward blight in specific areas of'the Cily; 2, encourage redevelopment of areas highlighted by the Development flan without creating non- conforming use status tier 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 oflcring redevelopment alternative~. The ROD development Standards offer methods to rcdevelop 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 nlay continue to be used US 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 ol'confliet between the standards of the underlying classification and the ROD, the ROD standards Shall control. C. Procedures. The applicant lily redevelopment ofa property located in an ROD shall Submit a site plan in conformance with Section 35-71 and an application fora Special f"xception Use Permit in contonnance with Section 35-731). 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. I. Conversion ofcxisting 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 c(nnnlel 11 distict; or b. if' the conversion is the most Ieasible way to preserve a historically or architecturally significant building, The conversion Shall he considered the most feasible way to preserve if building it'. (I) the applicant demonstrates that residential units are not economically I'casible and demonstrates that the use of the building for single familyor multi-family dwellings will not yield a reasonable economic ret:u n. (2) the applicant demonstrates that the buildings arc not physically Suitable for residential use; '111(1 (3) not Icss than 51 percent ol•abutting properties are devoted to non-residential uses. 2. Conversion of existing buildings and new infill developnu:nt in Underlying residential districts shall • be done so that the redevelopment complements the existing ad•jaCClll bUlldnlgs and area. MARCH 19,2002 30 a. 111ildings shall be designed to be compatible with adjaccnl residential dwellings and shall incorporate the architectural style of existing Itl.iaccnt buildings. b. New development or redevelopinimt ol'existing buildings,additions and conversions shall lie compatible with the existing surrounding architecture and character of the area so that the exterior ol'the building appem:s to have been constructed at file same time as the existing buildings, C. Parking 17rr office use or multi-I'tut►ily residential shall be provided on-silo and located in the rear o1' the building. Parking shall he screened from view of abutting residet►ces and residential districts with a Typc A BulTeryard located between the parking and the property line in conl'ormance with Section 35-5c>, d. Multi-Family Development in ROD. Vacant lots may be developed as multi-family residential and existing large residential dwelling units may he converted to multi- family residential provided that the proposed multi-family use is located adjacent to existing ntufti- 1•s►tnily dwellings such as an apartment building,provided,however,in no case shall a multi- lantilyunitbcpern►ittcdwhcre said useahulsasingle lamilyresidcncc, Forpurposesol'this subsection,a building shall be consicicred"abutting"if it lies tm property which (I)shares a common property line;or(2)is imn►edialcly across a steel designed as a local or collector street. C. Setbacks ofnew construction shall be in conibr•mance with the underlying clistricl.I Iowever, in the case where adjacent buildings were constructed prior tip the adoption of'tile zoning ordinance and the setbacks vary. then the setback liar the new construction shall be the average ol'the abutling existing buildings that either share common property lines or are immeeliatelyacross a local orcolleclorstrect. In the case where the in fill development abuts vacant lots and/or other buildings oI'varyilip,front yard and side yard setbacks,the setbacks shall be established in accordance with Section 35-51. I" The building or structure heights shall confon•n► to the underlying district. I lolvcver,where adjacent buildings were constructed prior to the adoption of the zoning ordinance and the height 01'I1c abutting buildings exceed the height allowed in the underlying zoning district, thee; the height Ian•the new construction may not exceed the average height of'(lie abutting existing buildings. 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 ally land airporl,other than a helicopter landing facility,owned and operated by a public agency,and shall be applied in combination will]the underlying zoning district classification. The location ofthe AOD boundaries arc generally shown on the Zoning Map, The Airporl Layout flan (ALP), on file at the .feffcrson City Memorial Airport, shall be referred to Im the exact location o1'AOD boundaries, and all development shall be m compliance with the ALP and the applicable Federal Aviaion Regulations. 35-32. FLOOD IIAZARD OVERLAY DISTRICT. Development within the Flood I lazard Overlay District(1:1 IUD)shall be in conformance with Chapter R,Article VI of the Code, which is incorporated by reference hcrelo. "These standards shall he applied in combination with the underlying zoning district classification. The F 11OD boundaries are generally shown on the Zoning Map. The exact location of the flood hazard)botntdin•iCS fbr a lot or ptu•ccl shall be as indicated on the currenl Flood Insurance Rate Map (FIRM) For file area in which the particular lot or parcel is htcalCd. 35-33.11WO11G1135-39. RESERVED. City nf,Icr l rsun Zoning Ordinance ARTICLE, 1V, SUPI'1,1?i111?N'1'Altl' CONI)1'I'IUNS 35-40. A(.'CI:SSOtt�' lil)II.UIN(:S, STROC I'URES AND USE'S. A. Conditions Applicable to All Accessory Buildings,SU,uctures and Uses. I. Accessory uses shall Ile incidental and subordinate to the principal Ilse permitted in the district in which the use is located and shall be located on the same lot its the principal use or building. 2. Accessory hnildings, SU•uclures or use shall not be constructed or established upon a lot until the principal building.sfrticlure or use has been constructed or established,and shall not be used unlesS file principal building. structure or 11w also is bring used or operated. 3. Accessory huildings and structures shall not lie erected in any required front or side setback area. except as allowed in Section 35-51.13. Accessory buildings and structures shall comply with the mininlunl front and side setbacks for the zoning, district in which they are located, as specified in Exhibit 35-51.A. 4 The lot coverage oi'liei-iiiiticdiccessoi-ytisesiii(1/01'1)Llil(lillgS,111(I tile principal building itscrvc.S.Shall be calculated together for the purpose ofconlplying with the maximum lot coverage for each district as specified in 'fable 35-51 A. 5. Accessory buildings, structures and uses may he further restricted by the provisions of Section 35-25.11 (N-0 District),Section 35-27(PUD),and Section 35-41 (Specific Use Standards), B. Accessory Buildings,Structures land lases Associated with Residential Uses. I. On lots less than one acre,a maximum of two accessory buildings shall he permitted. On parcels or Uacfs larger than one acre,a nrlxinttun ofthrec accessory buildings maybe pct mitfe(1. 'I'llc combined total of all accessory buildings shall not exceed the lot coverage of the principal building. 2. :\n accessory Stt•ucture or building shall not he used fin•commercial frtu'poscS.except as provided for by Section 35-41. (1 10111C Occupations). 3. The f)llowing accessory buildings. structtu•eS and tISCS are customarily I1nl11d and permitted ill association with NSidcntial u;CS: a. Non-conunercial greenhouse: Maximum size not to exceed 25 percent ofthe ground floor area of the principal building. b. Private detached residential garage of Carport for lion-commercial passenger automobiles. (i) '['tic rnaximtun Size of i single-family or two-family residential garage or carport shall not exceed 600 square feet,except an additional floor area ol'200 Square feet may be provided For each 3,000 Square feet of lot area in excess of 6,000 square Ieel up to a nlaxinlum garage or carport size of 1,000 square feet. (ii) A garage ill-carport l`6r an ill lti plc familyd wcIIingshall not exceed 600 square Feet per dwelling unit, except an additional floor area of 200 square feel may be provided for each dwelling unit for each 3,000 square feel of lot area in excess of 6,000 Siluarc, up to file maximum garage or carport size permitted by Exhibit 35- 51A, Maxinium [,of Coverage. C. Storage Building;: Maxine m floor area not to cxcecd 224 square feet, to be used for residential storage only. Mmwit 19,2002 32 — C'ih' n,'A'1 ji'l-Son Zoning ordiltnnre d. Tennis court, Swinuning pool, gardeI IIOUSe, arbor, orn;une►tal gale, harbecue oven, fireplace. and similar uses customarily accessory to residential uses. C. Solar cltergy collector, 1'. Children's playllouse and play cquipntcnl. g, A pool house containing 250 squal•c feet or less, a►td associated with att in-ground swinur►ing pool, may contain a full bathroom and kitchen.An accessory building other than a pool house may contain a hall-bath, but shall not contain a I1111 bathroom and shall not contain a kitchen. h, A tt•tutsmitting or reccivirtg autcnna or support structtrr•e which d0CS not cxcced the nwxinnun height limit ol'the clislrict in which it is located. i. Storage of,recreational vehicles, boats, camper trailers, camper shells and similar items stored in accordance m,ilh Section 35-41,Outdoor Storage. j. Stot•tn shclte-s and Iitlloul shelters. k. Gates and guard houses. 1. Fences and walls. m. 1Ionic occupations in cont<ormance with Section 35-4 I.K. ® n. Barns,and related agricultural structures associated with permitted agricultural uses. o. Vegetable gardens, which shall he located in the side or rear yard. P. Raising and keeping of stuall animals as pets, to cotllormatice with Chapter 5 oI the Code, and provided(hat such pets shall not be kept on it commercial basis. Dedicated animal pens shall not cxcced 200 square Iccl in total area, shall be located in the side or rear yard and shall be located not less than 5 lect from all property lines. q. The keeping of hors,:s is perrni(ted as an accessory use to it residential principal use in the RU Dis(rict provided (hat each horse shall be provided with it minimum land area ol'two acres excluding the area ocru}►icil by buildings or other structures. All harns,stables,stalls and corrals shall be located a mininntm of* 100 feel from all property lines. C. Accessory Buildings,Structures and Uses Associated with Noll-Residential Uses. The hollowing accessory buildings, structures and uses are customarily litund in association with and may be permitted in association with non-residential uses: I, Caleterins,dining halls and I60d service,health club,child care and similar services when Operated Ihr the sole convenience of*file employees, residents, clients or visito►•s of the principal use. 2, Offices for the permitted ha5ineSS and industrial use when IocitlCd within the principal use. 3. Sales of goods produced as part of the permitted intlumrial activities on the premises in an M-I Industrial District. 4, Gates and guard houses. 5. Parking garage:;and parking lots in conformance wilh Section 35-58, MARCH 19,2002 31 City J'Jc�J�wnr Zoning Ordiflunce 6. A dwelling unit,other than a nubile home,used fur security or maintenance personnel employed oil the premises. 7. Satellilc recelVing dish Ill excess (11 two meters In diameter ill conformance with Section 35-41, Telecommunications Facilities. S. A transmitting or receiving anlenna or satellite receiving dish two meters or less in diameter,or Support Sllt►cturc which does not exceed the maximum height limit of the district in which it is located. 9. l:cnccs and walls. 10. Waste bins, which shall be located in the side or rear yard. 1 I. Lighting ill Coll lbrnlalice with Scction 35-57 Outdoor Lighting Standards. 12. Automated Teller Machine(ATM)is an authorized acccssoiy use m the RA-1, RA-2,N-O,M-I 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 acccssoiy structure orbuilding is compatible with adjacent land uses. 35-41. SPECIFIC USE STANDARDS. A. Standards Applicable to All Specific Uses. I. All uses shall be developed, used and operated in Conliirnlance with the standards of'this ordinance. Specific uses may require a conditional use permit,special exception use permit,or a tenlpora►y use permit in conFornlanec with Article VII of this ordinance. All uscS shall comply with applicable building,li le safety,lire and health codes adopted by the city in addition to regulations ol'the county, stale or federal governments. The applicant play be required to provide evidence of compliance with file applicable requirement. 2. All signage used for the specific use shall be in conliornlancc 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. B. Specific Use Standards. I. Barge Docking and Warehouse Accessory Use in the R(' 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. (I) The facility shall be a permanent struclu►r, principally constructed oFsteel and/or concrete and specilically designed For the mooring and unloading of standard • Missouri River cargo barges. (2) The Structure shall extend riverward with not less than 100 linear wall feet; MARCH l 19,2002 3.4 City n A 'i.�i-sm Aning Ordinance (3) Applicable permits from the U.S. Army Corps of Engineers,Missouri Departlnellt of Natural Resources and City floodplain development permit shall be obtained, C. Warehouse Accessory Use.A warehouse accessory to a barge docking facility for storage ofbarge shipments may be authorized during the processing or subsequent to the processing ofa barge docking facility on a site of al 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 Ibr the barge opevation or material off- loaded from barge operations or front 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'tile(:'apitol. (b) The building and parking areas shall be screened with shrubs and trees. (c) A11 building access points and all parking areas will be screened front 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 of4 sq. 1l. each; and(ii) Two (2) business identification signs,which shall not exceed an area of32 sq. ft. each. (C) Outside lighting shall he limited to the nlininuim amount required for safety and security and shall be directed downward and not across the river. (1) Building materials and colors used oil the building shall blend with the landscape and shall InininlizC the ViSlial impact of the structure. (g) Building height shall not exceed 28 feet interior ceiling height, as measured from the finished flour. 2. Bed and Breakfast Establishments. I . General Provisions. The following provisions shall apply to all bed and breakfast establishments,as authorized by Section 35-28 Land Use Matrix: 1. 13C subject to the City's health, safety and fire codes. 2. Cooking facilities shall not he permilted in individual guest rooms. 3. Leasing of dining facilities. MAMA 19,2002 35 Cith o/',Iej%, .von Zoning Ordinance - (a) In non-residential zoning districts, common dining areas for bed and breakfast inns may be ieaSCd fin• Social cvcnts, provided that adequate off-strcel parking is provided. (b) in residential Zoning districts, common dining areas shall not be leased fir social events. b. Specific Provisions For Bed and Breakfast flumes. lied 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. C. Specific Provisions for Bed and 13real<f list Inns, lied and Break(ast Inns, defined as having three or more guest rooms and classified as I..odging in Exhibit 35-28, shall: (I) 1 lave 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 rctlttircd firr cash guest room (2) Be subject to Food service establishment licensing and regulations irf'ood is served to overnight guests: (3) Be licensed and inspected, in conl1winance with Chapter 28 of' the Code, Restaurants, if the inn serves Food to the general public; 4 Have a smoke detector in workin T order in each Slcc)in room: and ( ) t, I t, (5) Maintain it tiro extinguisher in working order on each floor. 3. Community Residence. a. Location. A community residence maybe located in districts as authorized in Section 35-28 Land Use Matrix. b. Spacing;BeOwecn Community Residences and Group 1 Tomes or Penal 11alfway blouses. (1) RU, RS-I, RS-2, RS-3, and RS-4 Districts: No community residence shall be closer than 1,320 feet to another community residence or group horne 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 botmdaries. 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-Strect Parking. Orrstreet 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. MARCH 19,2002 36 Zoning Ordinance 4. Concrete Mixing Plants, Asphalt Plants and Cement Batch Plants. t►. Applicability. Concrete mixing;giants,asphalt plants and ccmcnt hatch plants operations may hr authorized its it Conditional Use 11crnlit. h. Permit Procedure. The applicant shall file a Conditional use permit application in Conl6x-nlancc with file requirements Ill'Section 35-73A. The application shall include,tit a nlinilluull,infin'nlation with IheperlormunccstanelardS in IhiS Section and prool•of'compliance with applicable state regulations of'(lie MisSouu'i Department of Natural Resources(MDNR)in addition to those required by Sections 35-71. C. Minimum Selhacks. (1) Adjacent to residential zoning; districts. The minimum setback for concrete mixing plants, asphalt plants and cement hatch 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 he in accordance with Section 35-51 and the zoning district in which the Ilse is located, d. Perfortllatice Standards. (1) State and Federal Regulations. The concrete facility shall comply with State and federal reg;ulatiunS pertainiug to drainage, erosion control,and dust mitigation. 2 Buffer yard. A Type C Bufleryard shall be installed in accordance with Section ( 1 � Yl 35-59. (3) Access,Parkin;;and Loading. Access Shall be provided from arterial streets and facility vehicles shall not make use of residential collectors or tninot•residential access streets. Driveways and employee a11C1 patron parking lots shall be paved, however gravel may be used for heavy equipment operationuT areas and product storage areas. (4) Validity. The concrete mixing plant. asphalt plant or cement batch plant may continue operation until the expiration ol'the permit as approved by the Board at' Adjustment provided all the terms o1' the permit are met and tilt land use is operated in a lawllal milliner. (5) Restrictions on Use of Required Setbacks. Structures, cxtcrior storage, and parking areas For vehicles or equipment are not allowed within the required setbacks. 5, Day Care Service for Children or adults. Day care service providing care 1*01-a maximum of six children or adult ChCIIIS unrcluted to provider is pu mined as accessory to a residential use. a. The Day Care Service Shall be operated in it manner (lint is compatible with and not detrimental to adjacent properties or the neighborhood in general. b. The Day Care Service shall he operated and stuffed by the Applicant and faintly members only residing at the dwelling. No outSide employees or assista111S Shall assist with the Day Care Service,except that a Substitute shall be permitted in the occasional absence of the day cure provider. MARCH 11),2002 37 C.�th 2 './ Lersun Zoning Ordinance C. A Day Care Service seeking;a license from the Starts 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 con►ply with ho(h s(atc licensing requirements and City regulations, A slate license shall not override the City's restrictions nn the number of clients permitted. ti. Day Cure Homes for Children or Adults. Day care Cor seven to tell children or adult clients may be authorized by Conditional Use Permit as provided in Fxhibil 35-28 Land Use Matrix,subject to the following requirenacnls: 11. Administrative Procedures. (1) inspections,Licensing and Permits. The Following inspections and permits are required: (a) Conditional Use Day Care I Ionic Permit (b) Annual l nvirornmenlal Services Inspection; (c) Compliance with Sla ateol'ivlissouri Licensing requirements,asapplicable. A state license shall not override the('ity's restrictions on(lie number of clients allowed in a Day Cure I ionic. (2) Application to the Board of Adjustment. Applications for Day Care Homes shall be forwarded to the Board of Adjustment to be processed in accordance with the Conditional Use procedures of'Section 35-73. (3) Revocation of Day Care Home Permits. It', in the opinion of the Director,any day care hoarse has becoane a salcty hazard to the public,pedestrians,motorists,or to adjacent or nearby properties,residents or businesses.the Director shall institute proceedings to revoke the clay care home permit. A revocation hearing shall be scheduled before the Board of Adjustment. Notice of Intent to Revoke the Day Care I lonae Permit shall state the specific reasons for the revocation,and shall be sent to the day care home provider at the address ofthc day care home. Notice and procedure shall be in accordance with Section 35-73 (Board ofAdjustncnt). (4) Day Care i Ionic Application(.'onlent. 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 flay care )ionic; (c) nau►c, address, telephone number and authorizing signature of property owner, if elil,lcrent from the applicant; (d) interior fluor plan ol'the dwelling: (c) exterior site plan showing the locations and dimensions ot'the off-street parking required(or the dwelling and file proposed daycare home use,the Mnttrlt 19,2002 38 City f)JV(JJcrr on Zor►hig Ordinance IOCatiOlI and dimensions Ohequired indoora rea;location and dimensions of outdoor phly area, and location ofproposed or existing fencing. (1) 11umlher of,individual; who will he cared for al the clay care home; (g) clays and hours of operation; (5) Operational Standards. (a) The Applicant shall establish occupancy in the thvelling prior to application for it clay care home and shall reside in the dwelling in order to retain a valid Day Care I Ionic permit. (h) The day care home shall he 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 ol'thc day care home provider. (C) 'f he clay Caro: home permlil shall he issued in the name ol'the Applicant and to the address specified in the application. The Day Care Home Permit shall not he trmsl'clrable to another location or to another clay care provider. (d) Oft'Street Loading. A day care honle shall be located on a site that will aCCOnnllodate and provide space Formic off street passenger loading area to allow sale delivery and pick-up of passengers and to not impede tile flow of'tral,lic on abutting streets, in addition to the of'f-street parking required for the residential use (sec Exhibit 35-58A). (e) Location oil Arterial Streets. Day care homes which are located on designatCd 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. (1) Mininnnn Indoor :area. At least 35 square feet ol'irldoor space shall be provided for each child or adult clicnl, excluding the kitchen, hallways, bathrooms, utility roo111s, and closets. (g) Oil tdoor11 lay Arcaslin•ChiILIDOyC'arellonlcs. Outcloorplayspaceshall be provided a1 the rate of at least 75 square loot Ion each child, except children in cribs. The area shall he fenced to a minimum or rour feet in height and shall he located in the rear yard. No play areas shall be permitted in the front yard. (h) Spacing Between Day Care I follies. No clay care home shall be located closer than 200 Ieet to another day care home as measured 111 i,I straight line between property boundaries. 7. Dal'Care Center,Child. Daly care 161.more than tell Children,not refilled to the provider by blood, marriage or adoption, or where the day care provider does 1101 residC in the prCnlises may be permitted us authorized by Exhibit 35-28 Land Use Malrix,subject to the 1o1lowing requirements: MARCH 19,2002 39 ® City±0 Ve;yervon Zoning Ordinance ® a. Licensing. The operator shall obtain and retain all approvals and licenses required by(lie Missouri Department off lealth and shall provide si flicient evidence that the use complies with (he Missouri Department of I lealth child eare regtr till ions. b. Outdoor Play Areas. Outdoor play space shall he provided at the rate of'al least 75 square I'm for each child,except children in cribs. The area shall he fenced ton minimum of four Icet in height. No play areas shall be permitted in the required Front setback area. C. Indoor Areas. At least 35 square I'M of indoor space shall be provided For each child, excluding the kitchen, hallway, bathrooms, closets, utility rooms and offices. (1. Off-Street Loading. An olT•strect passenger loading lone capable of holding one car per 10 hceased occupatits shall be provided In addition to 1.5 parking spaces per employee in addition to the off-street parking requirements of Exhibit 35-58A, e. 13ufferyard Required. A 'Type A 13u1'fervard and a Fence or wall along all property lines abutting any residential use, pursuant to Sections 35-58 aid Exhibits 35-59A and 35-5913. 8. Drive-'1'Itr(►uf;h/1)rivc-In Uses, a. Purpose and Intent. The purpose of these regulations is to provide standards for drive- through/drive•-in lircilities to promote compatibility of this use with adjacent land uses and to ensure safe circulation of traffic on and olTsitc. Drive-through/drive-in uses include restaurants, hanks and other financial facilities, automatic teller machines. cleaners, pharmacies, and similar uses. ® �� , b. Applrcabdrty, f)rnc through uses, drive through restaurants and drive-in restaurants may be authoriral in accordance with Section 35-28 Land Use Matrix. All drive-through and drive-in uses shall be in conl'ormance with (lie requirements of this Section. C. Site Man Re(lufrements. Drive through/drive-in facilities shall be shown on site development plans where they are proposal MS an accessory use to a principal use. Applicants Iim drive-through/drive-in facilities proposed as a principal use shall submit complete site developmeal plans. (1. Location. Urivc-Iluough/drive in facilities as accessory uses shall not be located within the Ii•onl yard ol'the principal building. e. Traffic Impact, Analysis. A tr•alTic impact analysis may be required in accordance with Section 35-60, G Stacking Space Schedule. The minimum number of stacking spaces required shall be as shown in Exhibit 35-411.3: MARCI1 19,2002 40 Ch) of'Affer•son Zoning Ordinance Exhibit 35-4113: Urivc-'1'hroug;h/Drive-In Facilities Stacking;Space Schedule Use'1'ype INIMInutm Spaces' Measured From, Automatic feller Machine(ATM) 4/lane A'I'M Bank Teller Winslow 4hvindow Teller Window Car Wash,Automatic 6/shill Entrance Car Wash,Self-Service 2 stall Entrance Gasoline Pump Island 2/pump island Pump Island Laundry 44indmv Order window Liquor Store 3hvindow Order window Pharmacy 3/window Order Window Photo Developing 3hvindow Order Window Restaurant 8/window Order Box or Window Other Uses Determined by Director ofC'onmmnity Development based on Trat'tic Impact Analysis and I. E-standards."' "'. Based on the Trafl is Impact Analysis,the number ol'stncking spaces required may he reduced or expanded in contornumce with ITE Transportntion and Land Development,Stover and Koepke, 1983,which is incorporated with reference hercio,upon recommendation of the Director of Community Development. 9. Stacking;Space Layout and Design. (I) Minimum Sizc: S feet by 20 1'ect per space. (2) Minimum Setback from property line: 20 feet. (3) Minimum Setback fi-om,trect line: 40 feet. (4) Separation 11•om other internal driveways with raised medians and parking spaces: As determined by the Director ol'Communily Development. (5) Minimum drive-through lane radiuS:45 feet,minimum. h. Orcler 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. 9. Flea Markets/Swap Nfeets. 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. • MARCH 19,2002 41 Cith n('JeJ/erson 7.oning Ordinance - IQ. (tomes for(Mentally, Developmenhilly and Physically Disable(( Persons. It. Location. Group honles li)r mentally, developmentally nand physically disabled persons, licensed by(he State of Missouri,and as defined by Article IX maybe authorized in disU'icts specified by Exhibit 35-28 Land Use Matrix. 1). Spacing. No group home shall be closer than 1,320 Iect to another group home,community residence, or, penal residential treatment lacility as measured in a straight line between property boundaries. C. Special Conditions for Locations in Residential and N-O Districts. (I) 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. Offstrect 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. It. Residential'Treatment Facility, Penal. a. Location. A penal residential treatment facility as defined by Article I\may be authorized in districts specified in Exhibit 35-28 Land Use Mata'i,r'. b. Spacing. No penal residential treatment I'acilit shall be closer to another such I'ac' ' or - to �, l Y 1 ably to a Group Home fi)r Mentally, Developmentally and Physically Disabled Persons, or a Community Residence than 1,320 Icct, as pleasured 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 claracter of the area in which it is located. Alterations ol'an existing building shall be compatible with the area and adjacent properties. 12. l tome Occupations. It. Purpose. I Ile pna'pose of these Bonne occupation a'egtdalions,standarcls and requirements arc: (I) to permit and regulate the conduct of hotlle occupations as an accessory use incidental to a dwelling unit, whether owner or renter occupied; (2) to ensure that such [ionic 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 ol'honle occupations; (4) to allow residents of the community to use their hrnnes as a work place and a source of,livelihood,under certain specified standarcls,conditions and criteria; (5) to enable the lau'a111de011tiltil(.`I1lCllf01'Cl`IllelllOfdletiCl10n1cOeCllpalllollregulations; and MAKCII 0,2002 42 lCft►> 'feJfim;tion Zoning Ordinance (6) to promote and protect (Ile public hcallh, safety and general welfare. b, Generally. No home occupation, except its otherwise provided herein, may be initiated, established, or maintained except in ConfurnulllCe with the regulations, administrative procedures and standards set Berth in this Section. C. Permit Required. No honk occupation shall be cstab)ishocl until a honk occupation permit has bCCll issued by the I)irCCtln•. d. Ilome Occupation Perfnrntnnce Slandards, I lonle occupations shall comply with the I•ollowing perfilrnuulcc standards; (I) I tome occupations may be operated only by a full-time resident of(lie property in which the activity occurs. n home occupation shall not involve the assistance of on-silt employees who do not reside on the premises as fitll•dinle residents. (2) The home shall maintain a residential appearance and shall not be modified to call attention to the home occupation. (3) No more than one non-illuminated sign, with a maximum size of one square Mot, nd affixed against the wall or a window,shall be permitted tot'a residence where a one or rlulrc 11111C occupations fIVC operated. (4) The honle occupalion shall be conducted completely within the residence or accessory structure and (lie total space used for all home occupation~ ~hall not exceed 25 percent ol'the total floor area,or 400 square feet, whichever is less,of the residcncc including baSl.'nlenl 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 Ill conjunction With the holnc occupation. (6) Nlechanized cguipnlenl, used in conjunction with the home occupation. shall be usi!d only within a completely enclosed s0ructure. No equipment shall be used that creates a nuisance epee to odor, vibration, noise, electrical interference or fluctuation in line voltage beyond the property line ofthe lot upon which the home occupation is conducted. Use of power equipment in open garages,on driveways, or on patios is prohibited. No n1CChalliXC(I eduipnunt shall be stored oulsidC. (7) No materials,goods or cquipnletlt, including equipment being repaired or used in colliunction with the honk occupation,shall he stored or displayed outdoors. (8) Only one vehicle may lie used iclr the honle occupation and shall not exceed one ton capacity. One trailer only may he used in the conduct of a home occupation and shall he stored in an enclosed garage on the premises or stored off-site at a location approved 161.such storage. (9) Storage or Ilse of dangerous, Combustible or volatile materials to be used in Coll•IttllCtioll With the h(lllle oCCUpatioll shall he governed by(lle,letTersoll City fire Code. (10) No more than eight (S) additional vehicle trips per day shall be generated by the holm"occupation. MARCI 119,2002 43 Qy o .Le ercnr► Aning Ordinance (1 1) Deliveries related to the home occupation shall not occur more frequently than t.,vice per day between 7:00 a,m. and 7:00 Imm,not including any deliveries made by the U.S, Postal Service. Deliveries shit![ not require the use of vehicles other than parcel post or similar parcel service vehicles. "Tractor trailer use filr general Freight hauling is not permitted. (12) Customer and client contact shat l he conducted by electronic means, telephone,by nail,or off-site and not Oil the premises or tile hornc occupation,except For home occupations such as clay care service,tutoring,ol•teaching, The home occupation shall not solicit customers to come to the home address by (I)advertising an"open house"f2)r marketing products or services available;or(2)print ot•broadcast media including telephone"yeflow page"ads. e. Prohibited Ilome Occupations. The following uses shall not be permitted as hornc occupations: (1) Any home occupation that involves the congregittion ofnon-resident employees at it dwelling unit; (?) Barber shops and heluty pnrfors; (3) Cabinet making, furnilut•c making; (4) 1)a11cing schools; (5) Medical ordentaf offICCS orclinics,chiropractors,vetcrinarians,massage therapy, tattooing,body piercing, and counseling provided at the residence; (6) Motor vehicle repair or service; (7) Stripping, sanding, refinishing, lestoralion or painting of vehicles, household appliances or Furniture; (h) Antique,resale,or sceond hand Shops; (9) !repair Shop f o1•appllilllces,computers or equipment,except that an office only for such businesses nmy he established is it home occupation with no storage or dropping off of the appliances,crunputcr•s or equipment at the residence; (I o) Studios, including photography,audio and video production; (� 1) Contractors,operations,including home n-nintenance,excavating,landscaping or lawn Ilmintcnailec Services;CXCCI)1 !hill iln offlCe Only fol'Such business-es may be established its it honk occupation, with no storage or dropping off of equipment, vehicles,or materials al the residence; (12) I Ionic occupations which fail to meet the standards of this Article. 1'. Burden of Proof. In any and all procedures, hearings and appeals, the burden of proof regarding compliance and quali I1cation for it)ionic occupational use of' property shall be on the person seeking or attempting to retain it honk occupation use, };. Application Content, Any uppltcauon rcquu•ed lurany permit or license rclatcct to it Itomc occupation shall include at Ieust the following information: MARCII 19,2002 4.1 041 d'.Lj�,rson Zoning Ordinance (I) the first and last names) of'tile persons operating the home occupation; (2) Ilse specific nature ol'the home uv,upadon; (3) the address ol'the residence to be used for said home occupation; (4) whclher or not the home occupation will involve the receiving of clients or customers,and il'so, the anticipated volume and frequency of the same; (5) the anticipated I'requeney of'(lie 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. I1', in the opinion ol'the Director,ur►y home occupation has become a safety hazard to the public,pedestrians, motorists,or to adjacent or nemby properties, residents or businesses, the Director shall institute proceedings to revoke the home occupation permit. Failure to abide by perlormance standards in this ordinance, failure to abide by any special conditions ol'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 pernail. Notice of Intent to Revoke the Home Occupation shall he sent to (lie property owner on which the home occupation is being undertaken and the operator ol'the home occupation. Notice and procedure shall be in accordance with Section 35-70. i. Appeals of Decisions Involving Ilona Occupations. The applicant shall have the right to file an appeal ol'a decision of the Director with the Board of Adjustment in conFormance with Section 35-7311 or C, 13. Kennels. a. Location. Kennels, as defined in Article IX, may he authorized in districts according to Exhibit 35-28 Land Use Matrix. b. Indoor Kennels. All animal runs and pens shall be completely contained within and accessed fronn inside an enclosed building. C. Performance Standards for Outdoor Kennels. (I) Outdoor kennels shall he located on a lot of ten acres or larger. (2) Kennel struclm•es,bUdding5 and anfnral runs and pens shall be located a minimum of 50 Icet from side and tar property lines. (3) Fencing and Landscaping. A mininmura six I'oot high fence shall enclose outdoor kennels. A Type C 13uflcryard shall be required along all side and rear property lines abutting residential uses or district pursuant to Scctiun 35-54 and Exhibits 35- 59A and 35-5011. MAIKA1 19,2002 45 ,f Q1, Y'Affi.!rvon Zoning 01-11hunwe 14. :Manufactured IIonue subdivision. A Mal I tonic Suhdivision nmy he authorizCd throuf;h the Planned Unit Development process sublcc:t to the Conditions established in Section 35-74.C'utld this Sedioll, a. Design Standards. A nrunlf•acturcd home subdivision shall Comply with the stuudards established in Lxhibit 35.41.0. Exhibit 35-41C. khmul'aewred llorne subdivision (INIIIS) Design Standards Overall NUTS Site Design Parameters Maximum ovendl MI IS density 0 dwelling units per Ep•oss acre Minimum open space 1,200 sf per lot or space Park, playground Minimum 300 sf per lot or space Maximum building height 20 feel Mininuun Requirements for Individual Lots or Spaces Within a NIIIS Minimum area of,lot or Space 3.500 sf' Minimum width of,lot or space •15 feet Minimum setbacks liu•nuuulliacturCd hOIIICS on lots or Dion(: 25 feel `fide: 10 feet heal•: 20 feet spaces >vitbm a MI IS _ 1). Streets. All stivels withal the park shall he constructed in aCCORIMICC with the residential street Standards Contained in Uhapler 33, Subdivision Code I'here shall he at least two slicel or drive openings into the mobile home park to provide ingress and egress. C. Parks. Required playground space Shall be separate ,Ind in addition to the open space I'Ciluircd far cash lot or SpacC, and shall he I•yuiptud and maintained (iu- the use of the resulcnts Oflhe Subdivision. Streets,sidewalks,parkin!,arua5 and accessory buildings Shall 1101 he included in the Conlllutation Of the rcCiuirCd rccrCation Space;11-ea. d. Utilities Underground, All power and tclepllonc lines Shall he iIISIIIICd underground and !Jmll be in compliance with standards of the altifily provider• V. Drikinage. I he site shall lie graded so that surface water Shall not lie permitted to accumulate. 'I lie proposed drainag,r system Sh;lll he ;Ipproved by the Director prior to c)115t1•tictioll ol'sll'eels. I'. Bufferyard. fbe suhdi0sioll shall be surlounded by a I•ype A landscaped buffer strip of, open SpaCC 5(► feCt Wide Mont!Ills street I'rontage of a collector or a1'terial street and 25 Feet wide along all other lot lines m slrcct frontage in confiu'namce with Section 35-59 and Exhibits 35-599 and 35-5911, R DI-iveway'r and parking; areas, DI'ivcw;lys and parkiny, areas within the MIIS Shall be constructed in acClu•dance with the Minimlan Mik ill teaalice and Inlprovenlent Standards of Section 35-58. MARCH 111,2002 � � -to � M Cite,j'Jedc.,r.con Zoning Ordinance 15. Milli-Storage NVarehouse. a. Location, A mini-warehouse may lu:authorized ill the districts specified by Exhibit 35-28 Land Use Matrix. h. Site Design. (1) Fencing and Screening;.A fence or wall shall lie installed around the perimeter of the development and may consist elf' either the solid facade~ of the storage structures or separate fence or wall. (2) Landscaping;. A Type 13 13uiTeryard shall be provicicd along all side and rear property lines. All areas on the site not covered by pavement orstructures shall be brought to finished grade and planted with tlrrl'or other appropriate groundcover(s) and with dCCidnOUS and/or coniferous plant materials. A landscaping plan, indicating the type and location orthe proposed plantings,shall be included in the site plan. (3) Off-s(reet parking and internal driveways. (a) Driving and parking lanes shall he provided adjacent to the storage buildings. These lanes shall be at least 26 feet wick when cubicles open onto one side or the lane only and at least 30 feet wide when cubicles open onto both sides or the lance Driveways,parking areas and internal driving lanes shall be hard surfiaced in conrormance with Exhibit 35-5813. h) Two parking spaces shall be provided ror the property management star(. ( 1 b I I (c) One parking space For every 200 storage cubicles or traction thereorshall he located adjacent to the protect otllce. A minimum elf two such Spaces sliAl lie provided. (d) Itcc;uired parking spaces may not be rented as, or used for, vehicular storage. (4) Accessibility. Vehicular ingress-egress shall be limited to one point For each side ol'thc property abutting any street . C. Performance Standards. (1) Commercial Activity Prohibited. The sale of any item 171-0111 or at a mini- warehouse is specifically prohibited. (a) it ~hall be unlawl'ul ror any owner, operator, or lessee of any nlini- warchouse or portion thereur to offer for sale, or to sell any item or personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing orthe storage units,or to permit same to occur upon any .uca designated as a mini•warchouse. (b) The prohibition in this section shall not apply to the incidental sale by the owner of facility or storage boxes and storage materials or abandoned property. MARCH 19,2002 47 Ci11r ty,,J j,fc�I worn lc,rtirr ► Ordinance (2) Storage of (;as au(f hlanuuable Materials, hazardous Chemicals and Materfals Prohibited. I'lle morage ol,gnis and llaatlll»a ble liquids and nd materialls and highly conlhustihle or explosive materials, or hazardous chemicals is prohibited wilhim any struclurc oil n tract o1'land designated as a mini stornge warehouse. (3) Slorage and 1,1n111M Repair 0111 % 'I he rcrlllal of storaf;e units shall he file principal pllrposc of this use. Only litllited repair of vehicles, boats, and other moved items play he permitted. (4) Restrictions on Ooldoor Storage. No outside storage,hall he permitted,except fill-rccacational vehicles. Ilcercational vehicle slor,lge areas shall be surthccd with gravel, asphalt or concrelc arld shall he located hchind the I'IYUIt scthack. 16. Outdoor Storage and Display. a►. Standards for All Districts. (I) Outdoorstorage aand display,including location restrictions are governed by Artielc 11, District Regulations ,m(I I.xhibit 35-28 Land Use Matrix, (2) .luck, junk vehicles, salvage vaarais and wrecked vehicle storage yards shall be permitted in districts only as provided for in Exhibit �5-28 Land Use Matrix and in conformance with Section 35-41 Specific Use Standards. b. Specific Standards for Residential Districts. (I) Frout Yard Restrictions. No portion ofall front yard,including driveway, shall 1 > Y he used tut• the pcI•mrulcnt storage of mlotor vehicles, hoats, trailers, RV's, conllllel•claal vehicles,or pawls ol'amy of the foregoing. Permanent storage,as used in this Scclion,means presence liana period ol'72 or more ccmsecutive hours in the 1'1•011t yard. (2) Accessory To Occupied Premises. Motor vehicles, recreational vehicles, boats, camper trailers, camper shells, and other items shall he owned by the owner or occupant 01'111C 1)I'C11115CS 1.111011 which the vehicles or other Items arc located, and shall only he stored as an accessory use to an occupied premises. (3) Standards pCrtailling to motor vehicles intended for restoration or repair. A lrlaxinrlun of'two motor vehicles intended for repair or restoration may be kept on a property provided all of the lullowinp conditions arc satisfied: (a) The vehicles shall he kept ill an enclosed garage, under all opaque cover designed for the vehicle,or otherwisc screened from oft premise view.. (b) Vehicles sh,.dl not he kept within a front yard. (c) There shall Ile no outdoor storage oI'vehicuIll-parts. (4) Standards pertaining to storage of recreulio till l vehicles (RVs), (a) In the residential districts,recreational vehicles shall be stored only in the side or rear yard, provided ihcy are located at Icast two(2) feet front idly property line. MARCH 19,2002 Cil)� uf'."e fi�r,cc n Aning Ordinance (h) No recreational vehicle shall he used fir living orsleeping purposes while stored on the premises. (5) Standards pertaining to storage of hoals,camper trailers,camper shells: (a) In file residential districts. boats, camper trailers, camper shells and simihir items shall he stored only in the side or rear yard, provided they are located at least two (2) rcet From any property line; and such items shall not extend, project or rest upon any public right-ol=way including Ilne public sidewalk, the public street,or greenway trail. (h) No boar, camper I►ailcr or camper shell shall he used rot living or sleeping purposes while stored nn the premises. (6) Large vehicles,commercial vehicles.Large vehicles with gross weight exceeding one Ion. or any vehicle substantially used ror commercial purposes as evidenced by 25 percent or more ol'its commercial receipts,or by income lax record,shall not be permitted to lie stored outside in any residential district. C. Specific Standards for Non-Residential Districts. (1) hront Yard Rem HeIions. Where permitted by the provisions in Article 11,other materials fin• 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 manurnctured housing,s11<111 be renu.rvcd al the end ol'the day and stored inside the building. (2) Standards pertaining to vehicles. Outdoor storage and display of operable vehicles l'orsale,where authorized byexisting Toning,shall be permitted providing the vehicles shall not be located in the landscaped perimeter area or within or on the right-ol-way. (3) Screening Requirements. (a) Outdoor storage areas not l'or display purposes,where authorized, shall Ile screened frotnn views from streets,rights-of=way and public tracts,and from abutting.,permitfed residental uses and zones. (b) Outdoor storage liar uses other than junk and salvage ,yards shall be enclosed with a Type B BLI1'Icryard in accordance with Section 35-59. (c) I-:xcept liar mechanical equipment and similar units attached to the building, stored items shall not project above; the screening. (d) Du►npsters and refuse Coll tit ine•s shall he screened from view or enclosed by an opaque knee, wall or landscaping,6 Icet in height. MARCIt 11),2002 t�) City a Vc%jLj-son Zoning Ordinance 17. Parking Lots,Off-Site and Commercial. I . 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: (I) The required yard setbacks of the district in which the lot is located shall be Followed., (2) The parking lot drainage shall he approved by the Director of Community Development; (3) The parking lot or area shall he screened from abutting property in RS,RD and RA districts bya Typc 13 fiuffcryard in conformance with Section 35-59 and Exhibits 35-59A and 35-5911; and (d) The following conditions shall he satisfied in order to approve a Conditional Use Permit tier an off-site parking lot or lacilky: (a) 'l he proposed parking is located within 100 feet of the lot. (h) The parking area will not create traffic congestion or impact traffic safety. (c) The site plan shows that the configuration ol'the lot,size of'spaccs,access to the lot,surface,screening,landscaping and lighting are in conformance with the requirements ofthis Ordinance. (d) fhe parking fincility shall be used only for the parking of' passenger vehicles. b. Commercial Parking Lots/1'arking 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) forking lots shall he constructed,designed and maintained in conlbrinance with the standards and requirements of Section 35-58, (3) The parking facility shall he used only for the parking ofpassenger vehicles unless the parking facility is Iocaled in an NI-I or N1-2 district. (4) The parking facility shall be available for short term, paid patron parking only, 18. Quarries,;dines, and Sand and (;ravel fits. u. Applicability. Quarries, mines, and sand and gravel pits, referred to herein as the operation, may lie permited us authorized by ;section 35-28 Land Use Matrix, under the following conditions: MARCI 119,2002 50 GO) gf.L,jerson 'tuning Ordinance b. Procedure. The applicant shall file a conditional use permit application in conlotlnattce With the requirements ol'Section 35-73n,The application shall include,at a minimum,the I'ollotving fnlbrimilion in addition to that required by Section 35-71: (1) Present uses ol'the land to be included in the requested permit; (2) Location map prepared by a registered professional engineer showing: (a) The extent ol'the area to be excavated; (b) Boundaries ol'land to be affected by the Operation,including the locations of (i) storage sites lur overburden, (ii) access and haulage roads, (iii) storage sites fir equipment, and (iv) offices and other structures to be used in conjunction with the operation; (c) Boundaries c1l'adjoining It►n(Is Owned by persons other than the applicant and the existing uses ol'those lands: (d) Location ofall walcrcourses,bodies ol'waler,public rights-of-way,public buildings, public recreation areas or other public property on or within 100 lect of the boundaries ol'the land to be affected by tile.operation;and (3) A development plan for the arras to be a1Tec(ed by the operation,prepared by a registered prolessional engineer shall Include (lie I'(►Ilowing: ® (a) The nature and depth of various strata ol'overburden above and between mineral scams to be excavated; (b) The location and(luality OI'underground water known to be present on file mine site; (c) The location ol'known aquifers and the estimated elevation of the water lable; (d) The nature and thickness Of minerals above the scam to be mined; (e) A transportalion study denwnslrating truck routing and proposing; mitigation n►er►sures for off site street damage and traffic impacts. (1) F'xisling topography within the boundaries ol'the pro.jcct area. (4) n detailed land reclamalimt plan ()I'the are'a included within the permit,showing: (a) Proposed use or uses ol'the land I'611mving the operations; (b) Proposed lopograpl►y of land following the operations (indicated by contour lines ol'not greater interval than live IM), (c) Actions to be taken during;the operation to conserve and replace topsoil renu►Ycd due ing the operation: ((I) The cl Icct of the operations and rechrnation on surti►ce and subsurfi►ce hydrology and drainage paticrns; MAKCI 119,2002 51 Lit."eLA-12i'l-soll Zoning Ordinance M The 8edin►entcrtiort and erosion control plait liar operation including the type oi'vegelalion to be planted (or soil stabilization limposas; (1) The proposed location of future, roads, private or public rights•of=way, drainage courses and other proposed improvements; (g) Reasonable assurances(flat theapplicant will be capable ol*rcclaiming tile land in accordance with the plan within one year after completion of'tile operations to be covered in the requested permit;and (h) A discussion ot'how the proposed reclamation plan is consistent with tile, future potential 11ses ol•the land, according to file zoning and the city's Con►pr•chensive Ilan Development flan land use classification. (5) 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. (6) Prool'of'con►pliance with applicable federal and state regulations. d. N ininu m Setbacks. (1) Adjacent to residential districts. Mining, mineral extraction and quarry operations shall be setback 35 Feet F'roin all property lines which are adjacent to residential zoning districts. (2) Ad'acent to nonresidential districts. Mining, mineral extraction and quarry .I b operations shall provide setbacks in accordance with Section 35-51. (3) Setback requirements shall nut apply to property lines adjacent to navigable waterways, e. 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 retirse and water waste. (2) Nuisance Nliligation. The applicant shall state in writing and".flow graphically in the site plan,as applicable,methods that will he employed to prevent obnoxious or offensive odors, dust, Smoke, gas, noise or similar nuisances from being emitted beyond the property boundaries ol'the mine,quarry or mineral extraction operation. (3) Required liulferyards. A Type C Iluffer•yard, shall be installed as shown in Fxhibit 35-59. (4) Access,Parking and Loading, Access driveways and employee parking lots shall be paved. Operation areas For heavy cquipu►ent 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. 1'. Approval Criteria. The approval authority shall review and consider approval of the ;tpplicalion in Conli!rmance with the review criteria in Section 35-73A and the following additional standards: NIARCti 19,2002 52 All 4'.Ieffilrson Zoning Ordinance (1) The use is Icmporary all resfricted to the purpose of extracting minerals. (2) The land is appropriate liar the purpose of extracting minerals. (3) The proposed location will offer reasonable protection to.the neighborhood in which the operation will occrur against possible detrimental effects of file operalirms,taking into consideration the physical relationship of the proposed site to surrounding properties trod perauittcd lard uses, iICCCSS to the site from public roods, streets and ether public righls-of-way that must be (raveled in removing minerals from tits site,and the eflCcl (11,111C mining,operutinns can the public water supply. 9. Validity. 'I'he quarry, mine, or sand and gravel pit may continue operation until the expim(ion ol'lhe permit as approved by the(.'icy( OLUIell provided all the terms of'the permit are filet and the land use is operated in t lawful manner. It. Prohibiled Activities Within the Required Sethack. (I) Location, movement, or stockpiling of mineral and aggregate resources or the disposal or "forage of,waste producls within it required selback is prohibilcd. (2) Structures, exterior storage, and parking, areas for trucks or equipment are not allowed within the required scfhacks, 19, Recreational Vehicle and`Travel Trailer Parks. A recreational vehicle and travel trailerpark(RV ® Park)may he permitted as authorized by Section 3 L 5-2K and Use Matrix. The following additional standards shall apply. u. Required Plans. A site plan in accordance with Section 35-71 shall he provided. b. Access. Access to .m RV Park shall be provided only from a collector or ar'tcrial street. c. Minimum Area. inn RV Park shall encofiapass a nainimuua of ten acres. d. IiufTeryard and Fencing. A fypc C liuflcryard shall he provided along all property lines. In addition,total or purtial fencing ofpark boundaries may be required to prevent park users lion trespassing onto adjacent prirate property. to I'e511'Icl vehicular access to designated areas,and to adequately delineate property lines to prevent encroachment by adjacent land owners. The need for fencing shall be dclermined by the approval authority. C. Internal Circulation Roads, roads within(lie RV Park shall provide easy access to camp sites and shall comply with the lollowing standards; ( I) Two-way t-al'fic. Roads designated fin.two-way traffic shall have a width not less than 26 text in width. (2) One way traffic. (toads designated for one-way traffic shall have a width not less than 20 feet, and be adequately marked as such. (3) No parkins;shall he permitted alongside any internal road, except within turnouts ca•parking areas so desig-fiated. 0 Driveways and main internal access roads scrvingt clue RV park,including RV Park office, solid waste disposal area and seavice roads shall be designed and Mnuc-t 19,2002 S3 Li y!2f',Lf_Lttcon Zoning Ordinance constructed in accordance with public; street specificatiolls nn file in (lie Department of Conununity Development. Internal circulation roads providing access to camp sites nary he paved or hard-surfaced, With adequate grading, drainage or treatment to prevent ruts,depressions and dust. f. Camp Site Design Standards. Fach camp site Shall comply with the following standards: (I) Parking pad. Provide a parking pad,with nlilrinuam cllnwnsions of 12 feet wide and 45 1'ecl deep. A maximum 2 percent grade cm (he rear 30 feel of the parking pad Shull be maintained, with a maximum 10 percent grade on the entrance. (2) Patio area. Provide all outdoor living or palio area adjacent to the parking pad, situated to correspond to the tlool•of the clllrallce debt•01 tllc RV. The patio area Shull have a nlininaun area of' 120 square lect. The patio area shall be stabilized and shall maintain a grade of0-2 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) L.ocakon of Camp Sites. No camp site shall he located within 100 legit of'tile traveled portion of any public right-of way. (5) Minimum Spacing Between Camp Sites. The mininlunl space between camp sites Shall be 50 Feel,as measured from center to center. g. Water Supply. Water from an approved public water supply source shall be provided. It. Electric Pm%cr. All electric power lines shall he placed underground. L Sanitary and Wastewater Disposal. (I) Sanitary and wastewater disposal Shall tic into the public wastewater disposal System where Feasible. On-site treatment may be provided where it is not feasible to connect to the public w:lstcwutel• systcn►. Such on-site treatmment shall be constructed in conformance will) local and State codes. (2) Sanitary Dump Station. A sanitary clump station S11a11 be provided for the dumping and cleaning of campers' sewage holding tanks ill a designated area, and shall include washclown facilities v,hich are connected to the approved wastewater disposal system. The sanitary clump station shall be screened from public view by u solid Felice or wall six Feel in height or a combination of stagger-planted evergreen Shrubs and(l'CCS to provide a Solid visual barrier al the time of planting. (3) Camper Washhouse, A camper washhouse providing separate toilet, lavatory and Shower facilities fin•each sex 'IS Well !IS unisex lacilitics, 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, tilt or other type of waterproof material. j, Solid Waste,Garbage and Rubbish. A central collection point or disposal system shall he maintained, which shall be screened from public vices. MAltt'11 19,2002 S l City Ql*.! fjerson Zoning Ordinance k. Safety and Security. (1) Registration of C7uests. A register shall be kept at the RV Park office and upon arrival, the owner or person in Control ol'the recreational vehicle or vehicle and trailer shall register his nalle mid address and all persons using same,the date of arrival,the state vehicle license plate number, together With the male of"the state issuing the license, f:ach day, the applicant shall be responsible for eltcring the departure of't•tailcrs and guests in the register and Ibr keeping such register in a legible lilrnl to indicate at sill limes file Irader counl,and population of the RV park. An ol'lice area shall be maintaincd on the site of the RV park or travel trailer park (2) Lighting. Vandal resistant exterior lighting is to he provided where appropriate for the safety and security of the RV park guest, faking care not to over light slay liacility, lxlcrior lights shall be controlled With photoelectric cells or tinted switches. At a nlininrtnrl, the lallowing locations shall be illuminated: (a) Drivcway cnt-ances and exits front public stcets; (b) Internal road interscctions: (c) Office area; (d) washhouses: (c) Public pay telephone areas; and (1) Other major litcilitics within file RV Park. (3) '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 ol•lice and each washhouse area. I. Limitation of'I'railers. No person, firm or corporutinn permitted to operate an RV park shall allow the parking ot•t•ailers to an excess ofthe number specified in the application and Permit under which the RV park is operated. Execpl tier a single residelue Im the RV park supervisor ,or caretaker,no recreational vehicle occupancy may be permitted Vor longer than 90 days. 20. Recycling Collection Stations. a. Purpose. The purpose o1'Ihese regulations is to provide a beacon lilr the collection of recyclable materials that will not create to nuisance for the adjacenl properties while providing a necessary conununily service. !l. f'e•nlitled Locutions. (1) Recycling collection points navy he authorized as an accessory use with a conditional Ilse permit in the Collnnurcial and industrial districts. (2) Recycling collection stations play he permitted as principal uses where authorized by Section e,5-28 Land Use Matrix, C. flerfol--Nance Standards. The hallowing slandards shall apply: MAR('11 19,2002 55 _ Qy of,IN/fer.von Zoning Ordinance (I) The site plan shows adequate circulation of traffic, file location ol'colleclion station, and required screening. The eollectirn elation and driveways serving the collection station shall lie paved in accordance with Exhibit 35-58.11, (2) No collection depositories shall be located in a front yard, and shall be screened Irom public view Il'om adjoining,properties or street rights-ol=way wilh a six feet lull, 100 permit opaque, solid fence of wall. (3) Recycling collection depositor;Y struclures shall be loomed at least 150 ('ect from adjacent property zoned for residential purposes, (4) SorlingorproccssingofnuUrrialalaeccssor;Yrccyclingcollcctionstationsshallnot he penttilted. (5) Reverse vending machines shall be located and/or soundproofed such that noise of operation at the property line of property lolled or used Rn• resi(Icildal purposes clues not exceed 55 (lliA. (6) Ali employee shall be on site during hnsincss hours to receive recychtbles,mnintain 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. (K) No directional sign indicating the localimi of the recycling structure shall be larger than six square feet. 21. Recycling Center,Salvage Yard, ,funk Yard, Wrecking uncl Outdoor.Storage LOS. a. Applicability. A salvage yard,junk y;trd, wreck/(+g yard or OUllipor ti{OI'i1gC lot may I permillcd as authorized by Section 35-28 I.aml Use klah'ix. The following additional standards Shull apply: b. Perl'tn'nutttce Standards. I'hc propc+SCd huildingS nr use s11a11 be eonslrucic(I, at'tttngcd and operated so as to he compatible(pith the character of the zoning district and immediate vicinity, and not to interfere with the dcvelopnu:nt and use of adjacent properly in accordance with the applicable districl regulations. The proposed development shall be maintained to prevent an tutsighlly,ohnoxinus or of Pensive appesu'unce to ubultinrl or nearby properties. (1) Selhacks. No materials shall be stored within 25 feet ol'any property line, (2) BulTering. A"type C Bufferyord,in confornmr.ce with Section 35-59 and Nxhibits 35-59n and 35-5911, shall be located on all sides ol'the yard. Ali eight Ieet high fence or wall shall be used to enclose the site; to prevent unauthorized entry. MARC'll 19,2002 J .56 Ci1y►J'Acfjf ►'son Zoning Ordinance (3) Access, Access to the site shall he(ronl an arterial sirecl and facility users shall not snake use of resielcntiaf collectors or residential streets. The development shall provide adequate ingress and egress, vehicular and pcdestrisut safety, ti•stf'fic flow and control,turd emergency access, (4) Parking surd bonding. The development shall provide paved off-street parking and loading areas as required by this ordinance and the parking spaces shall nol be rented or used fin•vehicular storage. (5) Storage Yard Niainteuance. (a) Lot Surfacing. The lot area used for storage of usable ilems and materials shall be surfaced at a mininium with gravel, however, driveways providing access from the public street to the parking and loading areas and Storage areas) Shall be paved 111 accordance with Exhibit 35-59.11. (b) Unusable Items. Items that cannot be reused shall be disposed ofon a regular hasis and shall not he allowed to collect on the premises. (c) 'fire Slurage. All tires not mounted on a vehicle shall be neatly stacked or placed in racks under a rooted enclosure to prevent collection of•water inside the tires. I I'stacked,the slacks 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,ail or other harudous materials which are removed from scrapped vehicles or part:; of vehicles kept on the premises shall he disposed of in ac4s�rdance with applicable Iedcral,state and local regulations. (6) Nuisance Control. W'ceds shall not be pernliUcd to accunnllatc on the premises. I?xcessive dull,noise,vibration,smoke, I•unu:s,odors or glare shall not be detected beyond the property lines. l h•oundwater pollution or other undesirable,hazardous conditions shall not be permined to exist. 22. Sanitary Likildfill. A santitary 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. Regillalory Compliance. prior to Commencing operation, the operator shall supply evidclice that f 1) The site meets or exceeds all requirements for such activities as regulated by the Missouri Department ol•Natural Resources(NIDNR). (2) Any additional permits required for solid waste disposal and landfilling have beet) obtained and compliance will)the regoiren)cnts of•the US PA and the MDNR has been achieved. b. Perl'ormance Standards. The proposed sanitary landfill activities shall be arranged and operated so as to be compatible with the zoning district and the character of*tile immediate vicinity,and not interfere with the development and use ofad.jacunt property in accordance tvilh the applicable district regulations. 111Inartf 11),2002 57 _____ rll1'N 'A fer's 1N AlllllL L�rdintillce (I) Nlinhnum Setbacks. To picocnl negative impacts of sanitary Iturdfill operations upon bulimn hle and trbuniug properly, downsfrearn residential uses, waterways, 14t1•CamS or drainage climmels and cnviroluncntally scnsiti:'c lands, a strnital'Y IaIldllll fact lityshall be set hack from;JI property lines as follows; "Activity"shall include,hill is not limited to,any part of t11e landllill operation,structures,internal roadways, trenches,and equipment operation: (a) Distance Between Activity and ResidVilce: I,320 fixf. (h) Distance Between Activity, Structtlre or Land Use and Boundary of Rcsidenhal District. I,320 lest, (2) 1111ITering. The lollowirtg buffering shall be instaled on the site: (a) A "type C Huf•feryard, with a minimum widlh of 100 lect. (b) A hcr•nt Will)minivann height ofeight feet, l.andscapingshall be installed on fol+ol-the hernr flat forms an overall height,at the time of•planfing,o1' 16 feC1. (C) The hufleryard,hernr and landscaping shall he done in Collfi,l•malice with Section 35-51./of•this ordinance. (i) Drainage, Natural drainage ditches or streams 1411;111 he kCpt upon unless drainage pipe of idequote size,as determined by the Director of C'onimunity Development, is installed. (4) Access. The sanitary lanoll'ill shall be located only dvhere there is adequate access to a paved federal or stale higlr.vay or an arterial street connecling widely separated areas which carries or may be cxpccled to earry a large volume ol-h•aflic between such areas. Vehicles aCCCSSing the landlill shall not mtdde usC of residential Collectors or(honor residential access sn•Cets. (5) Vehicular Circulation, All private roadways and driveways pro\iding ingress mi or egress Io the sanitary landfill shall be approved by the Director of Transportation, tiuch pl ivatc roadlways;uul driveways shall Ise dCSigncil to public street standards fur a distance not less than 100 Ii:c( from the public street, shall include adequate turn radii, and shall he designed with particillar attention given to vehicular and pedestrian Sal-cf),and convenience, trat•fic (low and control,and emergency access, (G) Security. A metal 1'ence and gate shall be used ul file entrance. Metal ('casing shrill enclose Ile site to prevent untnrthorized entry, ensure public safety, and to catch lilter. (7) Scavenging. Scavellging of'lilt:site shall not he permitted. (N) Maintenance. I'lle site, including fencing, landscaping, huf•fering told all Cquipntcnt, shall he mairnlained in good condition. IYnsh shall not he allowed to blow arnt►nd or collect on the site nutsidc ot'the 1,111(i fill trenches. MARCH 19,2002 SR tC Yl►' qL. '1'.,�ofI %INl flt 'b t')J,dlfl UJf l'P� 23. Superstore/Big Box Retail and Oftive Devclopuuent. a. :applicability. The following standards and pidelmes 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 he expanded in life future to 100,000 square feet of- mule in sire, h, Site Design. (1) Community Spaces. ()utdour spaces and amcnitict, shall be provided to link commercial structures with the contrnunity, lius stops, drop-ol'f/pick-tip points shall he inlegrateJ. with Irallic patterns un the site. Special design fcatures shall enhance the building's I'unction as a center ol• comnrtmity activity, leach development shall provide'.It least two of tFtc Collowiug design Features,which shall he Constructed ol'mutcriuls Ihat match the principal structure and shall he linked by palesirian connections: (a) patio/scaling area indoor and/or outdoor; (h) pedestrian plaza with het,chcs; (c) window shopping walkway, (d) outdoor playground area: (c) kiosk area: (f) water Icatuc; (g) clock tower; or (h) other focal feature approved by the C'o fill ission. ® (2) Setback. The minimum setback for anv huildin}; (itcade shall he 35 feet front the nearest property line, A landscaped berm ol'not less than Coo-Icct in height shall Ile provided along all property lines abutting a re::idential district. (3) 1,andsca pill g. (a) Peripheral. A :Typo A I undscape 1►uft'er shall he provided along all abutting roadway:: with creaks Cor approved access points. A "Type I.4 Landscape I to fler shal l he itts+al led along al l other ex tcrnal properly lines. (h) Parking lots, l.anClscapc plantings shall consist ofthc nunrh�;rol'stundarC) t•ces, as defined by Article IN, trecded to shade 351;b of the parking lot when the bees are mature. (c) All landscaped areas shall he protected by raised curbs anal shall he if minimum of 150 square Iect is urea sail be a minimum of ten (eel ill width. (d) Separation of large parking areas. No parking area shall contain more than one-huneh-cd and filly( 1 SO)spaces. Ifa grr►lcr numher is required, separate parking areas of not more than one-hundred and fifty (ISO) spaces shall be provided and shall be separated by a landscaped strip at least tell ( 10) I+yet in width. Up to tell percent (1013(,) of the landscape strip may be interrupted with driveways to provide access. the Ilse of berms and evergreen trees in life landscaped strip is encouraged but not mandated. Appropriately pIlCCLI connecting drives between parking lots arc permitted. MARCH 1'1,2002 59 CL1v !!j'./ PI-son Zoning Ortfillonce M Variety (if' Plantings. A mininium of three species each of trees and shrubs. where required,shall lie planted to provide a variation ill shape, texture and seasonal color. (fl 0-oundcover, Areas not covered by trees and shrubs shall be landscaped with appropriale groundcovcr,either living or non-living, (4) Pedestrian Circulation. Phis Section sets forth standards Ior public sidewalks and internal pedestrian circulation systems 111111 cull provide a,,',er-li•ielldlypcdest•ian access as well as pedestrian Slalily, Shelter, and conveniencc within the center grounds. (a) Sidewalks al lead five I'M in width shall be provided along all sides of the lot that ahul a public street. (h) ( orltinuous internal pedestrian walkways,not less than five feet in width, shall be provided li-oill the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a mininnim, walkways shall connect focal points ol'pedestrian/activity such as,but not 1111lited Io. transit slops,street UOSSings, buiIding and store entry points. (c) Sidewalks, not less than eight 1'ect in width, shall be provided along; the Il111 length of the building along any facade Featuring a customer cnt•ance, and Illong any facade abutting public parking areas. ((I) All internal pedestrian walkways shall he (list inguished front driving surfaces tlu•ough the use of durable, low mainlenance surface materials Such as pavers, hrickS, or scored concrete to enhance pedestrian safety and conll61.1,as well as the attractiveness of*tile walkways. (5) Outdoor Slarage, 'Trash Collection and Loadilig Areas. 'Pile following Standards are intended to reduce the impacts (11 outdoor storage, loading and operations areas oil adjacent land uses. (a) areas for tuck parking and loading shall he screened by a Combination of SlructurcS and cvcrgreCII lan(Iscaping to minimize visibility from adjacent streets and property lines. (h) Praetor(railer,~ located on it Site for more than 2-1 hours shall be parked behind the principal building. (c) areas Col. outdoor storage, trash collection or compaction, loading, or (Idler such lases tillilll Ile Ill till'Teal'of the lot. II Ihtal is not Ieasible, then the side Yard cull he used hot in no case shall such areas lie located within 20 feet ol'any public Streel, public sidewalk, or internal pedestrian way, (d) Outdoor Storage, I IVAC equipment, tnish collection, trash compaction, and odlcr service ltllictions Shall be inc(lrporialed into the overall deslgll ol'thc building and the IalldSCaping plan, Views ol,these areas shall be screened From visibility front all property lines and separated from pe(Icst•iall areas. (e) screelling, structures I(il•tl'llsh collection,Storage and loading areas, finch Its walls and fences•, tillilll be madc of file saille materials as true principal structure. MA wii 19,30113 00 (f) Non-enclosed eras for the storage rind sale of seasonrll inventory shall he permanently del•illed with walls and/or fences. lvhtterials, colors, and design of walls and/or fences shrill conform with those used in the principal structure. I f such areas arc to he covered,then the covrring,shrill conform to the exposed rooling colors on the building, (G) Buildings Design. The following standards shall apply to rill building, facades and exterior walls which are visible from adjoining public streets or properties. Facades greater than 150 feet in Icngtl►, measured horizontally, shall incorporate wall plane projections or recesses having, a depth of at (cast three percent of Ilse length ol'the facade and extending al least 20 percent ofthe length ol'the Iaeade. No uninterrupted length ol*any flcade shrill exceed 150 horizontal Feet. (7) Entryways, (a) Large retail or office buildings should Icature multiple entrances to reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances ofTcr access, especially to individual stores or identified departments of'a store. (b) I:nn•ywaydesign elements and variations should give orienta.lion and aesthetically pleasing character to the building. The k` following standards identify desirable entryway design features, Bach principal building on a site shall have clearly dclined, highly visible custorncr cnU•unccs featuring,no less than Ihrcc of � -'- -• the following: -` - (i) canopies or porticos Exhibit 35411) (if) overhangs F11tryways (iii) rccesscs/projections (iv) arcades (v) raised cnr•nieed parapcls over the dour• (v,) peaked roof forntx (vii) arches (viii) ouldoor patios (ix) display windows (x) architectural details such as file wort: and moldings which are integraled into the building slruclure and design (xi) integral planters or wing walls Iltat incorporate landscaped areas and/or places for silting. MARCll 19,2002 01 City a 'A 'i'l-son Zoning Ordinance 24. Temporary I1Ses. 'I'll is SccIitIII allows ;horl-terns and minor deviations IroIII the requircmer►ts of this ordinance 161.uses which are truly temporary ill nature,will not adversely impact the surrounding area and land uses, and which readily can tic terminated and removed. Some temporary uses may be stil,ject to other hermit requirements, including, business licenses or food service pern►its prior to operation. a. Residential Sales (Offices; Use Permit Requbred. Residential sales offices Cor major subdivisions or planned unit devclopnrcnts may he ullowc(I at the dcvelopnranl site until 80 percent ol'the lots or dwelling tutus are sold,subject to a temporary use permit, Use ol'thc Sides nl'f ice to l,ronu,te sites nutsidc of the pru,lect is prohibited. Ir. Miscellaneous Sales Allowable. 'I he following icn►porary safes may be established without a temporary use permit provided such uses arc not conductctl within file required parking or any landscapccf or bufleryard areas. (1) ChrisUuas 'free Sales. Limited to a period of time not to exceed 45 days. This use may include a portable structure no larger than 120 square Ices or it recreational vehicle for Ilse as a Sales office Thal shall he removed at the crtd of the permit period. (2) Seasonal Greenhouses (accessory to established business). Limited to non- residential districts Cora period oftime not to exceed six months per calendar year. A maximum of one greenhouse building shall be allowed and may cover a maximum of 2,000 square Ivet. The structure shall he portable and completely renu,vcd at the end ol*the permit period, ® 3 Seasonal Sale of A gricultural Products. Seasonal sale ofa gricultural products ( ) I. 6 I 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 safely emergencies are allowed for the duration of'the emergency. d. 'I'ravelTraileraudRecreational Vehicles. Such vehicle shalfbe customarily orordinarily 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 shalt be classed as a manulhetured home, regardless of the sire and weight limitation provided I►CI'eilt. This definition shall also include house cars and camp cars having motive power and designed for temporary occupancy as delincd herein. 25. Substance Abuse '1'reatrnent Facility. IA. Location. SubSUMCe abuse Ireatmcnt facilities pray be permitted as authorized by Section 35-28 Lund Use Matrix. b. Spacing. No substance abuse futility, whc►ha inpaticnl or outpatient, shall be located closer to another such facility than 1,320 feet apart as measured in it straight line between property boundaries. C. Exterior Appearance. 'file 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 ill which it is located. Alterations()(*,Ili existing building shall likewise be compatible with the neighborhood and Itljttcenl properties. ,'VIAL 'll 19,2002 h2 — P/-.Vnn Zoning 01-dinalIC11 Zh. Telecommunications Facilities. H. Purpose. The general purpose ol'this Suction is to regulate lilt placaneut,construction and 1110dilication ol' IcicCCnnnuulicaliorlS toWCI:S. Support structures and antennas in order to protect file health, solely and gencral welfarc of the public, while at the same time not unreasonably inlcricring with the development of the competitive wireless lelecolllrllullica(iolls marketplace in the City ol'.lcffcrson. Specifically, this Section is I»IC»ded to: (1) Provide lur the appropriate location and development of telecommunications facilities and Systems to scrwc file citizens and businesses ol'the City ofleftcr:son; (Z) Minimize averse visual irnpactsol ccminamicalions antennas and support structure through the careful design, siting, landscape screening and innovative camouflaging techniques: (3) Maxinlize the Ilse ofcxisting and new support structures so as to nlinimize rile recd to construct new or additional facilities: (11) Maximize the co-localiolt ol,facilities on ally new support structures: (5) l;nstlre that any mcw telecommunications tower or support structure is located in an area conlprltible with the neighborhood or surrounding cornmunily to the extent possible: (6) Ensuring that regulation of telecommunications towers and st•uctl.n'es does not have the ef1'ect of prohibiting the provision ol'personal wireless services, and does not unreasonably discriminate anitulg funcliomtllly equivalent pruviderS ol*such service. h. Applicability. (l) ;\If towers, a»tcttlla support structures and Mee onttltu Ili cat ions facilities, any portion of which are located ;within the City oi' .IciTcrson, arc subject to this Ordinance. All towers within the Cilyol'.lclTerson,Missouri al the time ol,passage of Ibis Ordinuncc shall he registacd with the I)ircctor within sixty(hU)clays from the effective slate hcrcol', logelher with the height,width and location thereof,alt([ a registration Ice of fifty dollars 650.00). Failure to register an existing tower shall raise a presumption that said tower,was not a legal nonconforming Ilse on the date of passage of this Ordinance. I lowewer, this Ordinance shall not apply to tower structures used, or to lie used, solely Itlr services provided put'SUa.»t to a broadcast radio or television liccn,;c issued by the Federal Communications Commission or to lowers and antennas used solely for private telecommunications services when file equipment is located on the premises Ill'the entity using said private telecomillmlicalion service,or tilee towers and antennas, support structure or nxlstS arc localed on the primary business premises of a provider of communications services II'used Solely to monitor[lie provider's services and the equipment used by the broadcaster, private ttaccommunicator or provider is ill Compliance with any Icderal. State or local laws, and does not encroach oil the public rights-of-way. (2) Notwithstanding tiny pr0wlSi011S elllltainrd in this Section, any cw'rcnt legal use being made of am existing tower or anlenna support st'uclurc on the clTective date of this Ordinance,shall he allowed to continue.as a non-confer»ling structure. Any lower site Ihat has received city approval in the furm of either a conditional use IMARCH 19,2002 63 C'iy f>�(',Ic�/t���•.tinn lf)�lil>t�l; CPrcliltllilcc� _ permit or building permit,but has not yet been cons Iructed or located within six(h) months of the Jute of the permit, shall be considered a non-permittcd structure. (3) The terrn"telceoninumications I;Iditics"shall not include, (a) Any satellite earth station antenna two meter's in diameter or less which is located in an area zonal and used for industrial of commercial: (b) Any satellite earth station antenna tine meter or less in diameter, rcgardlcss of zoning catcgury; (c) Any satellite earth station in excess of two meters in diameter which is utilized din. 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'file broadcast liccnso. C. Legislative Findings. (f l On February 5, 199(x• 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 tier wired and wireless telecommunication services in the United States. (2) 'I'he'l'cleonununtications Act ol'19()h preserves the authority of the City t,)regulate the placcuu.nt, construction and modification of lowers 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 ofteleetim1llLIlliCatitin5 towers MR1 antennas pursuant to its Tuning 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 pI•otect the pub)is he"IIth, safety and welfare. ( 1) I'he Federal Communications C'onunission (FCC) has cxelusivejurisdiction over (I) the regulation of the environmental effects of radio Creluency emissions from telecommunications lacilitres• and (2) the regulation 01'radio signal intcrlerencc among users of the radio frequency spectrum. (5) Consistent with the Telecunununications j1c1 of 1990, the rcguhtAiorrs of this Section will nut have the effect of prohibiting the provision of personal wireless services, and do not unreasonably discriminate <unong functionally equivalent providers of such service. 'I he regulations also impose reasonable restrictions to protect the public salcly and wclftu.c and ensure oppor till itics feu. placement of antennas with prompt approval by the City. The Ordinance. does not attempt to regulate in areas within the exclusive.jurisdiclion (11'(lie F(_'C• (6) '1 he uncontrolled proliferation of'lowers in the City of.leffel'Son is thrcutened without adoption of new regulations and would diminish property values, the aesthetic duality of'the city, and would otherwise threaten the health, safety and welfiu'e of the public. • •e r en s. The requirements set forth in this Section shall he applicable nlicable to d. U�mrul It�quu�n � t I I I all towers, antennas and other installed, built or modified afler the effective date of this Ordinance to the IUII exlent permitted by law, N1ARC1I 19,2002 04 nf,Icffiersrur Zoning Ordinance (1) Accessaa-y Use. Antennas and trnvcrs may be either a principal Ilse ill all zmling districts or an incidental use to existing multiple Cannily, institutional or tlon- residential uses, subject to any applicable district requircment relating to yard or sethack. (2) Building Codes, S111,01, Stauulards and %m►ing Compliance. To ensure the structural integrity ol'anlenna lowers,the owner shall sec that it is ronsirl.ncted arld maintained in con►pfiance with all standards contained in applicable state and local building codes and the applicable starrdalyds published by the E.1wronics Industries Association, as untended 1'roan time to tittle. In addition to ally other approvals required by this Section, no antenna or tower shall he erected prior to receipt of'it ecrlilicale ofzolling atthorization and the 15suarlce ol'a Imilding permit. (3) Regulatory Compliance. All antennas and towers shall meet or exceed current slandards and I..'P.,ult►tions ol•the FAA, FCC and any other state or lederal agency with the authority to regulate communications autcmuts and towers, Should such slandards or regulatiolls lie amended, then the owner shall brill);such devices alld slructurc into compliance wilh the revisal standards or regulations within the link period mandated by the controlling agency. No approval li►r ,lily placen►enl, construction or modification ofany antenna or structure pernliued by this Section Shall he granted I'm any applicant having an uncured violation o1'this Section of- ally othergovernnlental regulaitury requiren►ent rclaled to such atllenna or sUUctures within the City. (4) Excess Capacity and Planned Future Use. Anya►ppIicanI lorbuilding permit to install, build or modify any lower shall furnish the Director n 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 one additional antenna similar to the principal antenna. Q. Co-location. (1) Co-location of Facilities. New towers constructed with the City with height in excess of 70 feet shall he capable of accommodating one additional carrier or teleconman►icalions lacilily for one other provider ol•conlnttrnieations services (hereinafter referred to as"additional capacity"), Such addilion,ll capacity, if any shall be designated on tits application and AIC plans presented to the('fly prior Io construction of'tile lower (.2) Co-location or Illslallation. (a) Any permitee who lower in excess o470!eel which is constructed abet• the efli:ctive date of'this Section and which has been built in accordance with setbacks and special conditions granted to towers with co-location capabilities under this Articic,and which contains additional capacity(tor inslallalion or co-locution of* telecommunications facilities as dcnlonstated al the little tilt application 1,61. construction was granted, shall agree to allow other persons to install or collocate telecommunications Rlci!ities on such a:luwcrrarhjeel to rcasonahle terms and conditions negotiated between the parties,including the suilabilityof the proposal tenant, the credit record and technical abilities of the proposed tenant. For ale purpose of ell-localt►on of atliellna►s,a legal 11011- conforming tower may he used. I lowever, ill no event shall a permittee be required to allow co-location of facilities if'to do so would result ill a MAltc'II 19,2002 r,5 '� City qL-Ljj�rvon Zoning Ordinance technical intel'ferellce Willi(lie delivery cif permittee's service. Failure to hermit co-location Or joint use on a tower Which has been built in accordance Willi setbacks and special conditions permitted For lowers designed for co-location may result in any enforcement action as permitted in Article VI I of this Code Following a publie hearing. (b) Failure to comply With the provisions o;Ibis Section constitutes a material Violation of paragraph 4 ol'this Section of this Ordinance. f. Exception from llaxhnunl Height and Buffcryards. (I) A permillve of an existing tower may modify the height of its tower to aceonunodafCCO-IOC,It1011 llfaddltiolltll telecommunications Iacllltiesns longas(lie total height ol'the tower told telecommunications facilities attached thereto do not exceed the nulxinarlll height allowed in the applicable zoning district under this Ordinance by more than 20 Icet. Ul1ICSS provided 101-under conditional use permit, the nlaxinuun height shall not exceed the height limits in Section 35-51 and Exhibit 35-51 A of this COLIC. (2) Perlllissioll to exceed the Illaxlllll.11ll pertllllted height lltll'sularll to this Section Shall not rcquil'c all additional distance separation as set Ibrfh ill paragraph 7 of this subsection, nor additional buffcryards or Imulscaping above that required liar the original tower. The tower's prenwdification height shall be used to calculate such distance separations. g. Saone 'rower Type. A tower which is modified to accommodate file co-location of additional telecommunications facilities shall be of the same tower type as the existing tower. I lowever, a different type of tower may be permitted by the approval pursuant to Section 35-72.1. h. Movement ol'Tower. (I) n tower which is being replaced to accommodate the co-location of additional lelcconllrluuications fi►cilities may he moved On the same premises as it was construction cm, or to an adjacent premises,within 50 feet of its existing location as long as required setbacks and hulTeryards are maintained, (2) A tower thal is relocated pursuant to this Section hercol' shall continue to be measured li-Onl►Ile Original tower site I'Or the purpose ol'calculating the separation distances be(weell lowers pursuant 10 paragraph 7 of this Subsection. The rl'IOCaltilnl 01'a tower under this Scclion Shull in no way be deemed to cause a violation. (3) Prior to the relocation ol'a lower within n residential area, notice shall he given to adjacent properly owners within 185 tcel of the propOSed towel—Silt, MARcIt 19,2002 �^ �— 00 City c► ',!e 'i�rrca►► A►►ing Ordinance 1. Permitted Uses. (I) The placement of` telecommunications lircilitics is It perrnilted use in several dist•icls as set Corth in this Scotion. Permits I'M permitted facilities are approved by life Oircctor in conformance Mill Section 35-721. (2) Any tcleconununiCafions I'aLilitics which are not attached to if tower shall he a perrnilled accessory use to any comin crcial, indus(rial, professional, inslifulional rn nwlli family structure; and shall he permitted on land owned by file City, regardless of file zoning restrictions applicable to (Ile zoning district where (he structure is located shall he permitted, provided that file person making such aCCessory use rcgis(ers the lower and ub(ains it buildillp permit, (3) 1 he person Working such irCCessory use Files a written certification with the City establishing the I'ollowinp, (a) I'ha( the lotal height of Ilte iunenna suppo►( s(uc(ure and feleconununicafions facilities do not Cxcccd the structural height Iimilatons in IheapplicablC zonin)!cdisiricl under Section 3 5-4 1 X fly move than 20 feel; (h) Thal the antenna support structure and tcleconrmtrnications lifcili(ies comply with the ('fly's irdcq)tccl building code and any applicable state htw,clots not Cucroach on the public rights-of'-way,and a huilding permit has been ohfained from the Building Reimilations Division; and (C) I lraf ally fedeconununicafions facilities and an(ennas located on (lie rool' ofa huidding shall comply \�ith setbacks raluired by the City's 1ld0pteC1 huilding code, if any, and do not extend more than 50 inches in (he horizontal plane I'rou►the side ol'such an antu►na support structure unless the purpose ofsaid protrusion is Io permit signal coverage in an area that will not receive such covcragk. hit fur an extension beyond 50 inches. Any extension beyond 50 inches must be approved by the administrative review conunittce (fl,tile City prior to coils Iruction of said antenna and such approval shall he dependent upon it showing that coverage is unavailable but fur file extension,the extension does not violate any other building code ol,lhe city,>aafc or fcderad Iaw Ihat is applicable, encroach upon public rights-ol'-ways and dnes not pose any Clanger to the t•iavcling public. (d) That the Icleconununic alions facilities \vill utilize cnmoullaging techniques or will he side-n►ounled to all an(cnna support structure in order that the teleconu ill nicalions facilities harmonize with the character and environment of the area in which they are loca(ed if technically Icasiblc and such use will not degrade or distort (he service signal, Antennas and support structures shall lie painted to blend with the color (11,(lie building if'Such paimillp will not interfere will) functioning of'tile amcuna or'support su•uelurc. j, Conditional (Ise Permit Retluired. (I) All proposals to install, build or modify an anitmna or support s(ruc:turc not permitted by paragraph 5 ahovc and Article VII,Section 35-721,shall require the approval of"I Conditioned Use Permit following a dilly advertised public hearing by the Board ol'AdjustrruCnt. i�lAltc'tf 11),2(1(12 07 'i-I-Sall z„ring► Ordinance (a) ,applications. Applicaliolm 1,61.Conditional use permits shall he tiled and proecssed suhjccl to :uul in the manner and tinrefrairnc as cslahlished in tiection 35-73A of Ilia %oning tlydinancc. A decision by the Board of Adjustment shall he accompanied by substantial evidence supporting the decision which shall be nuicic a hart ol•Ihc wrillcn record of t11c niceling tit which a final decision on file application is rendered. hvidellec x111111 he uucicr(mill and niav he suhmilled with the application of lhercalier or presented during the public hearing by the upplicanl or othaa. (I►) Additional ,11111111111111 Requirements. No conditional use permit shall be issued unless the applicant hams clearly dcnlonsinitcd by substantive CVidelILC 11101 JAICCriunl okill anlclum or struclurr pup:suant to paragniplis S and h above of Section 35-4 1 X is not tecluuoloy"ieally or econoniieally Icasible. 'I he Board of Adjustnieul nia} cinisidrr rnriunt or emerging industry Sill nd ardsandliracliccs.anunigol11cr ill foinis11ion,indcicrnfining I'easihilily. (c) hlIldiligs Ilcqulrrd. In addition to (lie dctcrnoinations or limitations specil'ied herein and by Section 15.73A Im the consideralion of conditional use pernnt", Ilse Board of Adjustment shall also hale its decision upon, rind shrill nrikc 1'indhitt.; :1; to, tits existence of the liillowiitg condilions: (i) 111,11 the proposed lower is 1wi and csinnol be located '.vithiit a cunimuni"litions tower 111106-use interest area as designated by such im1p,or tf so located,meets the co-location requirements of Ibis Section. (ii) No existing totters,structures or htiilding';wilhiri the necessary geographic area I'oi the iipplicanl's lower meet the applicant's nccesstu•y engineering requirements constdcring..(i)height;(2) structural strength; (3) resulting signal interlcrence; 0) Iciasibilily of rctofilting: (5) 1,casibility of redesigning 111e applicant's, lower network; or(6) ether limiting conditions that acndcr existing powers, strucluirs or hackling: within the app11ct1nl's required jzco)!ruphic area tinsuitapte. 111:a1 tlae design(d'tile Iowcr or stucture, Including,the antenna, "pellet and around layout maximally reduces visual degruklalion and oiho nyisr complies Willi provisions and intent of this Sceton. Note Iuwcrs s11111 he Ohl nuirtopole design,unless it is s11own that an allerualke dvsil�n would equally or better salisl'y (hi,., provision. (iv) I hat the proposal nunimiics 111c nuniher andhir sire of Iuwcrs or structures that a ill 11e rcoptiirecl in 111e area. (v) 111:11 111c applicant has not I>rcviously failckl to take mlvant►gc of reasonilbly available co-locatoit opportunities or procedures proyiklecl by this(4dintu1ce or othcrtyise, • (vi) '111at no land owned by any agenvy of tlae Icdcral or ~tutu government, or by any political subdivision of the stale, is uvtailuble for locittita;l.the stucture or tower. NIAIWIll 19,•2002 (is toning Ordinance (d) I I'anyone,but not more Iliall one.:,of the first six (0)dcterrtlirtaliorlr;is not satisfied, approval may be to-anted only on it finding of unique circumstances othel-wise neecssitating approval to Satisfy lilt:purposes of this Seclion. (c) Additional Limilalions. (i) No tower shall he approved,I(a height exceeding 150 fret AGI.. unless the applicant clearly denonstlates that mieh height is required for the proper(unction of the applicant's system or that ol'a public safety communications system of a governmental entity sharing,the lower, Such showing must i;lso be supported by the opinion ol'a leleconmmunicalions consulmill hired by the City at the expense Ill' the applicant. The opinion of the Collsultmit shall include a statement Iliat 11(1 ilvililiilllc alfef-ii ltives exist (o exceeding (he height limit or the reason why xueil alternative are not viahle. (ii) )f the City has by order agreed to participate in a mulli- municipalit,y commission to coorditlalc flew tower or structure applications,an applicalion made pul-suant to this Section shall also he submitted to the Board ol'Adjusllnant sinitlitaneous with the liling ol'the request with the City. The Board ol'Adjustment may consider ally comments from such milli-municipality Commission, but shall not allow a delay in receiving Such Comments tosignificant lydelaya decision oil tile Conditional use permit. k. Design and C'onsl I'll c(!oil Slandards, (1) Design, (a) Towers shall Maintain it galvanized steel finish or, subject to the requirements of the I:AA or any applicable state ur federal agency, be pitinled a neutral color consistent with the natural or buill environment of the silt. (h) I:quipnierll sh M'S or cabinets shall have an Cxterlor lrlllsh Colllpatible with the natural or built environment of(Ile site and shall also Comply with any design guidelines as may be applicable to the parlicuiar zoning district in which the facility is located, (r) Towers shall not exceed the height limilation of the Airport Overlay District adopted by(he(..'ily. (d) Antennl altaclicd to a building or stealth antennn tower shall be ofa Colo►- identical to or closely compatible with tilt surface to which Ihey arc mounted (C) All permitlecs shall make every reasonable Cflilrl to design alto construct new lowers and Iclecolnnlunicadons futilities to blend into the character and environment ol'the area in which they are located, including the Ilse of camoulinge techniques, path ,bray antennas and side mounting 1111(Clillilti 1111105 S11CII Use Shall create a hazard for the traveling public or MARCI1 19,2002 09 Cite��f'Jc'f ertin» Zoning Ordinance it is not technically feasible to use such design and co-locale other facilides on the lower, (I� Unless a Stealth antenna tower in the I,ir•m of an otherwise lawfully permitted pylon sign,the placement ofadvertising on structures regulated by this Section is prohibited, i• Scl►tacks, (1) All towers shall be set back a distance equal w 50 percent of the height of the tower up to 100 feet,plus one Coot for each IM over 100 feet in height,unless Ilse tower is designed 1111.co-location, (2) Setback requirements Im lowers shall be measured from the center of the tower to the property line of the parcel on which it is located. m. Slruchind Requirements, All lowers must he designed and certified by an c igincer to be siructurally sound rued, ill r11i1111ltrlltl, in corlforrllrince Willi tale City's building code, ally applicable state laws and other Slandards outlined in the Ordinance, A building permit shall be obtained hel'ore construction may begin. n. Separation or"Buffer" Requirements. (1) 'Powers shall be separated from the types of areas designated below in compliance Willi the minimum standards estahlishcd in Exhibit 35-41,1:-1 below unless constructed on the same site as another tower designed Ror the same purpose,(lie second lower is permitted by the zoning dist'ict,and the height of the second tower does not exceed the height permitted in the zoning district where the tower is to be located. (2) h(casurcntcnt oflowerscparation distances lire(lie purpose ofcompliance with tllis Section shall be measured from the center of, a tower to the closest point of it designated area as specified in the table above set forth, MARCH 19,?Q02 ��r 70 Zoning Ordinance E.Olbil 35-411.11-A Buffer/Separalion Requirements Designated Area Separation Distance Single-lilmily or duplex residential units in a residential district' 300 feel. II'the tower' is of*if sivallh design or is designed fire co- location ol'an ucldilionul carrier,then the separation distance nifty he reduced to 100 percent of Ilse height of the tower. Vacant single-family or duplex residentially^111:11 land which is 300 I•ect. II'the tower" is ohi stealth design or is designed tia•co•• either platted or has preliminary subdivision plan approval location ol'all ilddilional Carrier,Ihcn the separation distance may which is not expired he rcducccl to 100 pCrcclll ol'thc height of'the tower. Vacant unplatled residentially zoned land and residvntiul units in 21111 I'M or 100 percent of life tower,whichever is grvaler. non-rcsidcnlial i.oncd districts' hxisling multi-tinnily teidenlial units'greincr than duplex units 100 ll.cl or 100 percenl height ol'tower, whichever is t,rraicr. Non-residendi ly coned lurid,or non-rvsulCnti:d uses None;only scihacks apply. Approved hchporls 100 feel or llln perccnt 01'111c berg)( of'lower, whichever is gn Cater, r Includes modular homes and 1110NIC homes uu•d liar living purposm Separ Ilion Ilrun n unil Inc pu1110sc,alibis chart iti W he aicasorcd Ihmnl the edge of'file huildinic or sinrcturc itself'. Includes any unplatted residential use properties wiihoul it valid preliminary subdivision plan or valid development plan approval and filly, multi-family residentially coned land greater than duple. (3) Separation distances set 161.1h in this subsection may be reduced list• towers dcsigncd For the co-location ol•telecommunications facilities ot'olher carrier:~ by obtaining an exception to said distances, flor towel's llol requiring if Conditional t1SC perillit by demonstrating to the Planning; and "toning Commission that the separation distances will: (a) have the ei'Iect of preventing service to an area of the(`ily: or (b) constitute a harrier to entry into the market place by the applicant; or (c) will Constitute a technical or economic hardship oil the applicant. ( I) Additionally, the applicant roust demonstrate that (I) the location, shape, appearance or nature of use of the proposed lower will not substantially detract from the acslhelics of the area nor change the character of the neighborhood in which the lower is proposed to be IOCillcd,nnCI that landseapitlg techniques will be used w screen the lower from any adjacent residential use; and (2) the proposed tower will accommodate al least one additional camel of various f Clew)mill]ilicaIimis se.viccr;. (5) File Planning and Zoning C onllllissioll shall Consider Ihc information presented by Ihc upplicant and determine ifu special exception would Conflict with the purposes of this Section, would Create it blight on adjacent property, or intcrlcre with adjaccrrl uses, withill the separation area. I I•Ihc tower requires a conditional use permit,then said showing shall hr made to the boardof•Adjustlrlenl as a part ol•the conditional use permit process. ((�) Proposed towers lutist Inert file foilowing mininunn separation requirements(sec f.xhibit 35-:I IS`- front lowers existing at the time a pernlil is granted unless C011Sh-1.1 ICd Ion'(Ill'purpose of provi ing co-location Capacity (nil the salllc site as another lower designed lilt the smile purpose, the second tower is permitted by the zoning district, and Ihc height of' the second haver does not exceed the height permitted ill the zoninf; districl whee the tower is to he focused, Ilowever, ail MARCH P),2002 71 City Y).L jtc IISOYI ,r ruff, Ordinance exception front separation distances between towers nuay lie obtained front the 1'lanrling and %oninp Commission if'tile apphc'atlt Call demonstrate that such an exception is rlccessm;y for the ellgillcering dcaign of the system the lower is to he it part of, or that no oth.r option is available to provide coverage Im file service area or the Iowa is desipiled for co-location of telecommunications Iacilities or .joint w;c by carriers. Exhibit .15-4 LE-2: Existing Towers-Types and NIhlimum Separation Requirements PROPOSED Lattice or Gayed I,alllce or Guyed Monopole Towel's t\lonopole'I'owers '1'OWI:RS -TYPES 150 1't,hl Ilell;hl less Than 150 A.la 75 t't.Ili Ilefght or Less'I'lum 75 ft.In or Greater Might Greater Ilelght hillice nl' 011yed 3,000 fl. 2,51111 fa. 1,51!11 ft, 750 lt. Ivfonopole 75 Ill. in Ileighl 1,51111 fl. 1,500 it. 1,5110 Ill. 750 11, of(cam. Monopole Less]haul 75 ti. 7511 fl. 7511 11, 750 ti. M Il, in Ileighl For file purpose of'this subsection, the separation distances shall be rlleasured by drawiug or following a straight line between the center ol'the existing Iowa and the center, pursuant to a site plan,of'tile proposed tower. o, Method of Dderminint; 'I'oWC11- 1101 ,ht. The height of the lower shall be n►casural as Collows: the vertical distance between the highest paint of the tower and the natural grade below Ibis point. p, Illumination. Mowers shall not he artificially lighted except fS reCluired by file PeCICNII Aviation Administration (FAA) and provisions of the Code, except that seasonal lighting play be permitted as appr'ovea)by the City. At the 1iI11C ol'COnS1111C 011 01'11 tower,dual mode lighting shall he requested from the FAA in cases where there are residential uses located within a distance which as .100 percent ..f the height of the toNvu front the tower. al. Finished Color. Powers nol requirinit 1 AA painting or marking shall have dither a gakanized steel finish or,subject to the requirements ol'Ihe FAA or any applicable state or lederal agency, be painted if neutral color consistent with the natural or built cnviromllclit oftllc Silt. r. Feneilig and Sercening. Fences trust he constructed around or upon parcels containing towers, antellim towers or leleconununacations facilities and shall he constructed hl accordance with Article V, Section 35-51), S. Bufl'cryarCl:uul LanClSCape. ,III landscaping on parcels containing towers,;mlwma towers of Ielecomnlunications facilities shall he in accordance with the applicable bufferyard requirements in the ionillg district where the tower, antenna tower or telecommunications facilities are located. Existing vegetation shall he maintained to the extent possible, I lowevcr, the City may require additional landscaping it'to do sit would slake the tower, unlcnna tower or telecommunications Incility more reasonably compatible with the surrounding area, l•,ut in 1)0 even! shall additional landscaping Cxceed any bufferyard requilvnlents as set out in Section 35-5') of thi; Ordinance. All vegetation used in the landscaping shall lie located outside any {ellml area, t. Scenrily. All towers must be secured to protect against trespass or unauthorized use of the property, tower or telecommunications fncilitics. �Lutrlt 11),2002 72 �' (.'11th n 'Jc. ',rmpn Zoning Ortlinanee u. Access. All ptucels upon which towers are loca(ed must provide access to al least two vchicuhir parking spaces located within 100 feel of the tower. 'I ral'lic associated will) file l;leility shall not ackerscly 1111'1eel traffic oil adjacc►ll stleets. �. ��lainitnancc. (I) Pcrnlittces shall at all tinges employ ordinary and rcasonal►le care and shall in�:tMll and maintain is Ilse nothing less(1111111 CoMillollly accepled methods and devices 161. prevenling failures and accidents which are likely to cause damage, injuries or nuisances w the. public. (2) Pern►ittees shall install and maintain to•,vers, tcicconu ill nications f2►cilitles, wire, 4ahles, IIxIUfCS Mill 01110-equipment ill Compliance with the requirements of'the National Electric Salely Code and all FCC.state and local regulalions,and in such n►ouner That ',will not interfere Mill the Ilse of other property. (3) All lowers, telccouununicalions filcilrlics and antenna lowers shall al 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 perscrll. W. Drainage. All parcels upon which lowers are located must contain adequate drainage Iilcililies, which are approl ed by the Director of Community Devclopmcnt. X. A.hMndonn►cnl of'I'mver. (I) In thc event the Ilse ol'any lower has been discontinued fora period of two years, Much tower Shall he deCllled ahtoulnncd. (2) The C'i►y shall provide the towel-owner three months notice and an opportunity to he heard hclilrc the Planning Mad /,oning Commission before declaring the tower abandoned. Ill the event the lower owner provides evidence of intended use ol'the tower, an extension of no more 111,111 one year play be granted. (3) The City shall provide the lowerowner with the right to a public hearing hclilrc the Planning and /,oning Commission, which public hearing shall 161low (Ile three month notice. All interested panics shall he allowed an opportunity to be heard ill the public hearing. ( 1) Afler a public hearing is held pursuant to Ibis Section, the Planning and /.ot►ing Commission may order the removal or dClllolili011 ol'the to\VCl'. 'fhe 1'111 1 i11 1 and Aoning Conunission's I►lltll dCC1Si011 511,111 he SIIbICCt t0jIldICi,11 reViCW pursuant to Chapter 536. RSMo. �'. Commercial Operation of Unlawful Tower or Antcana. Notwithstanding any right that play exist 161.a governmental enti(v to operate or construct a tower or structure, it shall be till lawl'11I Col.any person to Creel or operate for any private commercial purpose any stew antenna,towerordisguised support structure in violation ofanyprovision ofthis 01-dinllllce, regardless ol'whclher such antenna or structure is located on land owned by a governmental entity. 27. 511111dards for Outdoor I?nll.rlainnrcnl and Recreation Facilities, and Other Outdoor Uses. it. Standards I'm. Athletic Fields, Amusement Park, Commercially Operated Outdoor Recreation Facilities,Major Outdoor Fittertaininent Facilities,and 1)rive-InT licit Icr. MARCH 19,2002 7.1 i?l-son %oiling Ordinance Adjacent to ResidCnlial District. :\ mininnum distance o1' 1,000 Icct shall hr maintained between ally('acuity,siruc►ure or intprovenlcnl constructed for the above tlscs and adjoining land in IIle litllowing oistricts: RI I, RS-I, RS-2, RS-3, RS-4, RD. RA-1, RA-2,AND)N-O. b. Where recreatloll I'aciliIles and uses are authorized in the It U,RS-I,RS-2,IZS-3,RS-4, Ill), RA-I, IZA-2 and NO Districts, file Following standards shall apply: (I) Unlilth let ll'ac iIili es. I'orunlightetI111CiIiIics,a'I;;ypCIII1u ITC ryardsIlall Ile providcd alum all side and rear lot lines adjoining lane!in the I61lowipg districts: RU, Rs. I, RS-2, RS-3, RS-4, RD. RA-1, RA-2, and N-0, (2) Lighted Facilities. For lighted facilities, a Type C liuflcryard shall Ile provided along all side and real•lol lines ad.loining land in the following(listricts: IM, RS-1, RS-2, RS-3, RS--1, RD, RA-I, RA-2. and N-O. 28. Performance Standards hir Industrial Service, Assembly, Distribution, Manufacturing, Production, Processing, Prilldlig,and Publishing Uses, a. Disposal o1'Refuse and Wastes, r\II refuse and waste shall he disposed of in a mapper to Comply with the wales•quality standards of the USFPA and MoMR. b. Odors. Odors shall not he discernahlc at the property line and shall not exceed the odor threshold concentration indicated in the Anlcric:ul Society 161. 'testing and Materials (AS'I•M) Method DI391-57, "Standard Method for Measurcn►cnt ol'Odor in Atmosphere (Dilution Method)"(Philadelphia: ASTIVI, 1957). C. Smoke. Snake shall he measured at the mint of emission and the Rin 0mann Smoke I � Chart, IC'5333,published by the U.S. Itureau of Mines, 1967,shall he used to pleasure tl►e smoke. Smoke not darker or more opaque than No. 0 on the Snake Chart may be emitted except that smoke not darker than No. I (ill the Smoke Chart may he emitted for periods not longer Iharl four minules in any lhirly•minule period. 'These provisions shall also apply to any visible smoke with an equivalent apparent opacity. d. Gases. Funles or gases shall not be emitted at ally point in ColICCntr16011S 01'',111101.11111S 111,11 are noxious,toxic,or corr„sive. the �alues gig en in'fable I(Industrial I(ygiene Standards- Maximum Allowable Concentration fir Fight I lour Day, Dive Days per Week), 'fable III (Odor'I'hreshoIds), fable IV(Concentrations oftiubstanccs Causing Pain in the Eyes),and 'fable V (lixpostli s to Substance: Causing Injury to Vegetation) in the latest revision of Chapter 5, in the "Air Pollution Abatement Nlanual" by the NlnnufaCturing (.'hcmiSts' Association. Inc„Washington, D.('.,;oe hereby Cstablishc(1 as guides fill'the delCl•Illillilli(ln of pel-Inksible Concentration or am noun:;. Detailed plans fill' (Ile elimination of fillies or gases nrty he required. V. Particulate Haller. Solid or liquid particles shall not he emitted at any pain( in concentrations cv-,ceding 0.1 grants per cuhic foot of the Conveying gas or air, For ptcasurcntcpt of the amount ill particles in gases resulting from conlhmstion, Standard corrections shall he applied to a stack Icmperulure of 500"I ahrenheit and 50 percent excess air. 1'. Noise, Noise shall he pleasured ;tt the property line of the Intel on which the operation is located. Noise shall he tmtl'Iled so as not to become objectionable(file to intermittence,Beal • frequency, shrillness or intensity. Al the properly line, the sound pressure level of'noise ta(liale(I cunlirnalusly I'tunt a facility shall not Cxccc(I the value given in Exhibits 35-q I.h-1 and 35-4 I J -2 ol'any octave hand I'rCqucpcl'. The sound pressure level shall be measured MARCH 19,2002 7.1 jim-son Zoning Ordinance with a sound level mcler and an octave band analyzer that COW i,rn,to latest snecilications published by the LISA Standards Institute. (Octave hand analyzers shall be calibrated m the Preferred Frequencies(USAS S1.6-1967). Preferred frequencies an(I Band Numbers for Acoustical Measurements shall be used. If the noise is not smooth and continuous,one or more of the corrections in Exhibit 35-41-2 shall be added to or subtf•actcd from,Mach of thM decibel levels. Exhibit 35-41,F-1. Table I of USAS 51.6.1967 C:entcr Frequency Maxinuun Permitted Sound Cycles Per Second Pressure Level, Decibels 31.5 79 6,3 74 125 69 250 ha 500 58 1000 52 2000 47 4000 43 8000 40 Exhibit 35-41.F-2: 'fable 2 of USAS S I.6-1967 Type of Operation or Character of Naise Corrections in Decibels Noise source operates less than 20"N, of any one hour period plus 50 irk Noise source operates less Than 51!i, ofany one horn• period plus 101%,* Noise source operates less than P!,4 of any one hour period plus 15%, Noise of impulsive character(hammering, etc.) Minus PX, Noise ofperiodic character(hum,screech,etc.) Minus 5%4 *Apply ouc of these corrections only. g, Vibration, Vibration shall not he discernible at any property line to the human scnsc at' feeling fol three minutes or more duration in any one hour. Vibration at any time shall no( produce at ally tines an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and t'requcneies beyond the"safe"range of—Table 7, United States Bureau of rvlincs Bulletin No. 442 "Seismic Fffects of'Quany Blasting," 1912, on any structure. The methods and equations of Bulletin No,442 shall be used to compute all values Ibr the enforcement ol'this provision. MARCH 19,2002 75 Cin!gL.Lff%rsun inning Urdblunc e h. Glare. Glare. whether direct or reflected,such as Iron► floodlight`ot•high tc►nperalure processes, and as dit'lereniiated from general illumination, shall not be visible at any property lire, t. Radiation Ilazar'ds. All uses shall be so operated as to comply with standards of per1i61,111ance adopted by the State of Missouri. j. Eleefromagnefle lnterl'erence. No use,activity,or process shall be conducted which produces electromagnetic interference with radio or television reception in any residential or commercial distr•ia It, Fire and 1?xplosion I hazards, Each use shall be operated so as to minimize the danger I'r•om fire and explosion and to comply with the regulations contained in the adopted Building Code and applicable fire and lilb safety ordinances, I. (tumidity, {lent,or Clare. In any District, any activity producing humidity in the form ol'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. 35-42.T11ROlICll 35-49. RESEIRNIED. MARCH 19,2002 76 Ci (► ±'ferso►► %n►►i►gOrdinance Alt'llICLE V. SITE DESIGN AND I�11'IZO�'t;111?N'1' S'l':�iSihUtDti 35-50. LOTS AND BLOCKS. A. General. All new lots crcnted must comply Willi the density and dimensional standards shown in Exhibit 35-51 A. Where legally created parcels, in existence on the date of,ldoption ol'these regulations, fire smaller or 11,11-ro"ver thall retluil-ed by the Standards in lixhibil 35-51 A, new development shall comply with these standards to the greatest extent possible. DevintlollS IlY1m the Staulards ol'these regulations shall require a variance Il-onl the Board ol'Adjusimenl and a (lei nollstraIioll ot'a hardship ill Coll fi t'Illance Willi Section 35-73,13, B. 'types of Lots and Lot Arrlhngement, The %mling 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 35-34. Consideration shall be given to the topography or other natural conditions al' file site when determining(he layout ol'a lot or placement ol'll building on a lot. C. t:o1111IM ace With Subdivision Code. Lots, blocks and public improvctimits shall be designed find developed in conl'ormance with the Subdivision Code. 35-51. DENSITY AND DIPOEINSIONAL STANDARDS. A. Purpose. Fvery building or structure on a lot shall comply With the rninini um required setbacks, except its specifically provided in this Section. 1. Setbacks apply on each lot or parcel where a building may he erected. Exhibit 35-51 A,on the following page, Slllnmarizes the milliI11(Illl and maximum density and dimensional standards for lot development except as otherwise provided in this Ordinaace. 2. Accessory structures or buildings abutling a side street on a collier lot shall have a tl-ont yard fiat less than that of the primary structure. MAIt(91 19,2002 77 L 'L7 i; M. rn r•, •r rn rr, rri rr, rn t~ 'C G r 1 rp ; t7 W , a r, v, rn rr, rn i1 rl rl d c o 0 0 0 0 a O rt N 1 rl v o c o 0 :J O F. ^ 74 r 6l 6J Rf j cr •E, to •tpi 't7 b 'j b CiD G ❑ .0 c i C ` G C- C G E CIO 6l O O CL v' •p N � Or � � � ... i .0 S •G .L �.0 O O � •rN •� y 4 k. A t: - is C r.. C C C C CJ � � ..D .�, y C f ..� r,wC I � •D O .J O ' to E �, n ° o o v, v a ^, rz O a N 0 It, N O 34 ILI Cl Q ti) C4 C11 aj In ru In G t0 .y id ; Ef I a i os I ao I C ml 1 r f w a s �i � i a y:, y. •J r I M � � N r•I rl N rl rl r� � V C.rri w _ w .c 'J _. _ G ..> f ^� rp rn C C a i � L U C E oa tj ILI ? cn C (,Z Ir, 7 � _C A a i c I ILI tw w AG. C. G. C ._ C J a LU W 1 W LU L:J r: j ` a a a C •�7 CD •Oq ,y ! ,C 1 ,� "N L. 6Ci d 6Li I C6 o t� 0 O o a u N O r'�1 O ! ... C •:� C i A •O Q CYt►�tr 'h, 'er'unrr Zoning Ordinance 13. Lot 1leusurement and !?xcep!fons. L Density. Maximum density is measured a; tits number of dwelling units per gross acre of land, Maximum density is measured by dividing (lie Iuunbcr of(hwiling Units oat a lot or parcel by the parcel':; gross al en (in ,acres). For sites with execssive slopes, floodplains, wetlaa►lds or other physical constraiaats, m aximun)dcusity stay rtol he achievable. 2. Lot Arel► I�9casu►cntcrni. It. Lot nresa Measurement. Lot arr;l is measured as the net anlrulrlt of conliguous land arcn contained within the property lilies of'a lot or parcel,not including sheets or rights-o(* way, Iloodway's, wetlands,ponds, Ialkcs or the pole portion ol'a flag lot. b, Exceptions, into zoning permit or building perulit shall be issuccl for n lot that does not Meet the mininurm toll recluifenlatts ol'this Ordinance except: (I) Utilities using eilllcr land or,Ill umtccltpicd huildiltg covering less than i.000 square fm ol•sitc area are exempt 1ronl minimum lot area standards 0,c , waver lift station, utocctapied telecommunications relay buildings). (2) The mialinnam lot area Standards of*this Ordinance shall not prohibit the construction of"I detached dwelling tutit oil a tut that was legally platted of recorded before the adoption of*this Ordinance, provided that the dwelling unlit is constructed ill compliance with all applicable dimensional standards and Ineels the Ininimmil health and safely standards Im waalcr and wastewater lacilitics anet private sewitge disposal systems. (3) Corner lots platted alter March 17, 1981 ;hall have a mininnun lot area 20 percent larger than the minimum lot area established liar the district. 3. Lot NYidth and Frontage. I , Lot widtb. Lot width is measured as the shortest distance between opposite side lot lines within the buildable,area. it. Side yard lot lines. Side yard lot lines shall be Impend iculat. to the right-of'-wily line of- radial to curved streets unless the Director determines that another arrangement provides for more efficient and collie atible lots. C. Lots on cul-de-sacs. For lots on eul-cle-sacs or similar cifcumstanccs, the minimuan width shall apply al all points betll'CCII the I•ronl and rear building lines, C'ul-de-sac lots shall hate a I ininium street Ivontlge of 35 Ceel. 4. Street Frontage. Street I-rontage is pleasured between side lot lines along the front lot tine. S. Setbacks. a►. nreaasaaa cnleut. `setbacks arc the shortest dill;once bcttvra a the furthermost projection of it structure and lot lines on which the structure is located, Setbacks mu;l be tanobstrueted from the ground to the sky except as specified in this Section, b. iMininau►n Garage Setbacks. ('iarage entries which lace a suet shall be set hack it llltlt►Intttll o('25 feet from the properly line regardless ofadjacent building setbacks. This provision shall also apply to compact housing types. Wiwi1 19,2002 80 C. I?xceptions tutu Permitted P:ucroa ell III ents. The I011OWing Icatures may encroach into requited setbacks as described below; (I) Landscaping and berms; (2) Clothesline posts and lines, but not in a front yard setback; (3) Driveways,curbs and sidewalks; (4) Flagpoles; (5) Ideating and cooling units, by not more than 3 feet; (6) Ivlailboxcs; (7) Overhanging roof, cave, gutter, cornice, or other architectural feature and awnings, by not more than 2 feet, however, the Director may permit caves and overhang features to project into a required yard it distance not to exceed 48 inches; (8) Septic system.,, 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 C IM; ® (1 1) 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 Ieet from the alley line. (12) Swimming pools not more than 3 feet above grade, provided that they are set back at least 5 lect from all property lines, (13) Fences or walls; except not dedicated animal enclnsures or pens; (14) Yard and service lighting Iixtures and poles. d. '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 I?xhibit 35-51 li-1. Where the property lies partially within a Commercial or an Industrial District and a Residential District, then the afTected setback shall be measured front tile, boundaries ol`the Commercial or an Industrial District. MARCH 19,2002 81 Citg+ a f.Le.&�,rson Aning Ordinanee F xhibit 35-5111-1. Nlinin►um Non-Residential Building;Setbacks from Residential District Lot Lines Might of the Setback from Side Lot Line Setback from !tear Lot Line Non-Residential abutting;an R-District [.,of abutting;an R- District Lot Building 15 feet or less 10 feet 20 Ili to 30 feet 20 feet 30 31 to 45 feet 30 feet. 40 C. 'Transition Area Between Public and Semi-Public Buildings In a Residential District. A minimum side yard width ol'30 feet shall be maintained between a school,library,church, coinnitnlity building and other public and semi-public building and a Residential District. Outside recreational structures shall be set back a minimn►n of 30 feet from any abutting residential district line. f. Frontage on Lot Split by Districts. Where it Irontage 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 it front or side setback shall be measured from such official line to the nearest line ol'the building. It. Minimum Setback from All Streets.n Cront 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 35-5 IA. L Establishment of,Front Setback in Blocks with Varied Front Setback Depths. Where, on the ef'f'ective date of*this Ordinance.40 percent or more of a frontage was occupied by two or more buildings,then the front setback shall lie established in the following manner: (I) Whcrc the furthest building from the street provides a front setback not more than tell feet deeper than the building closest to the street,then tile.front setback for the frontage is and remains an average ofthc then existing front setbacks. (Sec iixhibit 35-5113-2.) (2) Wllcre(I) is not the case and it lot is within 100 feet of a building oil each tilde, Ihcn the front setback is a line drawn irons the closest front corners of these adjacent buildings. (3) Where neither(I) nor(2) is the case, and the lot is within 100 fleet 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 lie set back a minimum o1'25 feet Prong the property line regardless of adjacent building setbacks. M ARCI I N,2002 82 C'i y c► 'Jc� irrsn►► I,n►►i►►g ir)rdi►►nt►ce j. F,stablishntent of Side Sd'tllill`k in Residential Districts in !docks with Varied Side Setback Depths. 11'40 percent or more ofa ti•ontagc is occupied by two or more buildings, then the minimum width ofa 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 tell feet Shall be deellled to have a width of ten I'M lirr purlxiscs of'cotnputirig the average. Side setbacks for vacant lots shall not be included in computing the average. (2) II'tile co►nputed avenge side setback is less than ten ('eet, and the existing side setback of rile applicant's building is less than tell 1cct,an existing building may be cnlargcd provided that front and rear yard requirements are observed and the widths ol'the existing side setbacks of*the applicant's building arc not diminished. k. Setback of Gasoline Service Station Pumps. Gasoline station pumps and pump islands may occupy required yards provided that they are not less than 20 fleet Crom all lot lines. Ccntrallysupported canopies which extend above and cover filling station pump islands may occupy required yards provided they arc not less than 15 feet from all lot lines. 6. 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 percentage of the total lot area covered by buildings told other impervious surlaccs and is calculated by dividing the square footage of impervious cover by the square lootage ol'the lot. 7. Flat; lots. Flag lots shall be allowed ill all Residential zoning districts in accordance with the standards ol'this Ordinance provided: a. the width of the pole of the flag lot is not less than the minimum lot width required fora lot ill the zoning district; b. the pole of the flag lot abuts a public street; and C. the driveway is paved 111 Colllorrllance 1vith Section 35-58 ot'dds Ordinance. C. Heights of Buildings and Structures, I. General.All buildings or structure,hereafter designed or erected and existing buildings which may be reconstructed,allcrcd,moved or enlarged shall comply with the height regulations and exceptions ol,the district ill which they may be located except as specifically provided in this Section. 2. Building Measurement. FAIlibit 35-5113-2 depicts the measurement ol'building height. Building height is measured as the vertical distance between the top of'thc (ilutldation wall and: (a) the average level between tile.eaves and ridge line ol'a gable or hip rool'; (b) the highest point ofa mansard or gambrel roof: (c) the highest point ol,the coping or parapet ofa flat root, or (d) two-third,; the height of an A-type roof or any rool'with a pitch of I:1 or steeper, MARCII 19,2002 83 City qJ'Afferson Zoning Ordinance 3, Exceplions. Zoning district height limits do not apply to: (a) 13e11'rics, cupolas, church spires, dollies, monument;, airway bcaeons, lire towers, water towers,structures foressential services,monumems,stage towers orscenery lots,windmills, flagpoles,chimneys, or chinlncy flues, provided that no such sh't►ctur'e shall lie permitted to extend ill(($approach Zones,clear zones,or ollier restricted air space for(Ile protection of any public airport. (b) Subject to administrative review in the C and M Districts, elevator bulkheads, cooling towers,water tanks,specialized mechanical equipnlenl,material handling equipment mother similur structures may extend 15 feet above the district's maximum hcighl limit, provided that the structure does not occupy more than 30 percent of the arcs of the roof (c) hadio/teleconunuttic,lti(ius towers less than 0 1'ect in height. The height (.)1' other telecommunication lileilities shall be ill conl'ormance will) Section 35-41; and (d) Amateur radio antenna ol'70 feet or less provided Ihat: (I) (he Antenna is erected to comply with accepted engineering standards, and (2) the maximum base width of,tile antenna shall he live feet and the antenna shall be no wider than three feet at a height ol'30 1'ect nor wider (11,111 18 inches at its top. The rllaxinrlun length of the horizontal elements shall not exceed 50 Icet. A height variance shall be required loran antemin which does not meet these provisions, if the antelllla exceeds the Illaxilllllrll I1Clghl hlllit Of"(11C d1St'ICt ill which It is located. Amateur radio antenna in excess of 70 feel shall require a conditional use permit. (e) Variances to maximum height limits may be granled by the Huard of Adjustment after making certain findings in conformance with Section 35-73.13.provided however,the Board is not authorized to grant height variances in the C-3 or PUD Districts. (1) Tower structut'cs used,or to he used, solely for services provided put scant to a broadcast radio or television license issued by the Federal Conmlunicalions Commission. (4) Other Structures, I leight of other structures shall be measured as the vertical distance between the average finished grade at the hose of the structure and the structure's highest point. F,xhibit 35-5113-2, [Wilding Fleigll( MAaCr 1 III,2002 84 YOl a ',ue jc'rson Zoning Ordinance - �- 35-52. SINGLE RANIIIN ANI) TWO••FAMILY RESIDENTIAL LOT DFSIGN STANDARDS. A. Density and Dimensional Stilndtll'(IS. Maxinuurl height, as well as the mininulnl lot size,depth,width and building setbacks liar single-Gnuily and two-family developments Shall comply with the applicable zoning district standards and the standards established in Exhibit 35-51 A I3. Principal Buildings/Lot. Only one principal building is permitted on a lot cxcepl when associated with tin approved PUD Planned Unit Dovelopmcnt District. 35-53. NIUL TI-FAN911A' IMS1Dh,N'I'IAI, DESIGN STANDARDS. A. General Density. Maximum height,as well as the minimum lot size,depth,width and building setbacks liar multiple family developments shall comply with the applicable zoninit district standards and the standards established in Exhibit 35-51 A. 13. Principal 1311ildingsiLot. Multi-family residential uses may have more than one building located on the lot provided that the mi Ili nuIII d ISM ncc bel\Veell nullti family buildings on the same lot shall he c(Iual to the height of the tallest building. C. Private Open Space. I, A minimum of 25 percent ol'the site shall he (Icvclopcd with usilhle upon,pica throughout the site to provide I01. active recreational needs of residents. Usable open space excludes parking areas, required landscape areas, land within a (Icsignated 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, 2. The Director stay waive up lu 50 percent of the open space requirement if the development satisfies one of the 161lowing criteria. a. All units are located within 1,000 Feet ofa public park as nicasured along a public Sidewalk. trail or bikcway; or h. The development abuts or includes, on-site, a portion of the City's trail system; or C. The development incladcS active recreation amenities 1'01. residents such as pools, tennis eoarts„1 llaygrOandS. 35-54. CLUSTER SUBDIVISION AND COMPACT HOUSING PROVISIONS. A. Purpose and Intent. ('luster Subdivisions mid Compact Iluusing Developments may he authorizedl according; to the provisions of this Section to preserve cnvirunmclttally-sensitive areas, open space and agricultural lands. 'I he latent ol'this Section is to atllllol.izc a developer to decreasc lol sizes and leave the land "Saved"by so doing i16 open space or conservation areas,thereby lowering devc1opmenI costs and increasing the amenity of'the pro'jecl without increasing the density beyond what would lie permissible if'the land were subdivided into the size of lots re(luired by the underlying znning district. 13. :applications. I, Clatsler Subdivision. (Where Subdivision of'land is invok ed;processed concurrently with major or • minor subdivision). Applicalious lie•cluster Suhdivision Shull be sinndtaneously processed as a (i) Special Fxdeplion Use Permit under the Zoning Code fn conlormanc.e with Section 35.73.1),and(ii) MAIWI1 19.2002 85 CY/y o f.11,Y ('/',SUN 1•llll!/1 ► Ordinance according Io the requirements tip►•lim*jor or minor subdivision,as appropriate. All such submissions shall be labeled"Cluster Subdivision'" 2. Compact Housing Development, (Where subdivision of bald is not involved). Applications for c:ompacl housingdevclopmattsshall he processed as a Sliecial Exception Use I'e►mit in conformance with Section 35-73.1). All such suinnissions shall be labeled"Compact Housing Development." C. Pet tnifted?,Delia}; I)isfriets. A developer may cvcaIc a cluster,uhdivision or compact housing development in a standard residential zoning district which includes lots that are smallerand arranged differently than those requited by the underlying zoning district regulations ll'the application Cont,6rnls to this Section. 1). IIotlliiig Types, I lousill , types within a cluster subdivision or compact housing development shall be as authorized by the underlying zoning district, .shown in Exhibit 35.25, Land Use Matrix; and subject to Exhibit 35-54A and the additional standards oi•Ihis Section. E. Project Size and Density. 'There is no minimum or nlaxiluuln acreage limitation for a cluster subdivision. The maximum allowable residential density shall not exceed the maximum density allowed in the underlying zoning district. Maximum t►Ilowable residential densily shall be calculated by using Exhibit 35-51A, Units/Acre. 1". 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 lilr the Ionising tJ7ic. 2. Zero lot line development may transfer ail or part of the side setback to one side;such that one side play be zero if the opposite side sctbock is 20 Iect, No niechunical equipment, roof overhang, or object attached to or associaled With the dwelling unit may overhang the lot line. 3. No sick 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 `hall he measured lrom the perimeter of the building. 5. A minimum ol'20 feet must he provided between multiple family buildings on the same parcel or lot. 6, file prclimimuyand final subdivision plats shall indicate all setback lines forall proposed buildings and upon all proposed lots, including designation of all—Zero" lot lines. Mmtctt 19,2002 N 86 City ap'Jc ilrm N Ailing 011dinallee Exhibit 35-54A: Lot and Setback Standards loo.Cluster Subdivision Developments" NIfnimum i3uilding Setback(Feet) loosing Type 1 rontl Side Rear i Single Family Doil led 20 10 20 Zero Lot Line Single Family Dclllehccl' 20 0i1 t) 20 Single Family Attached' 20 W10 20 Ihiple\ 20 I fl 20 ytultiple-1iu11ily` 20 I0 20 Townhouse 10 10 20 Notes: Sec the underlying zoning dis0'iCt regulations I01-nlaxilntull density allowed. Sec Seclion 35-51.11.5 lilr garage setback l'CtquirCnlents. ' Reflects lranslcr of all of*(lie required side sclback to one side: i Reflects the"0" setback on "attached"side ol'an attached dwelling: Ill'setback oil the opposite side, 'Sec Section 35-54.1 Vor setbacks 1'CCluired 13etWCC11 nlultiplC family buildings on ihC sank parcel. C. Required Open Space, Ilow Calculated. fhe amount of open space or Conservation area which nnist lie set aside shall be determined as Collows: 1. (:luster Subdivisions. The amount o1'open space or Conservation area 1vhiCh 11111SI be set aside in ClustCl•subdivisians shall be based on the dit'ference between the total area contained within all cluster lots and the total area which would have been contained within an equivalcnl number of standard lots based on the millinluill lot recluirenrents of Exhibit 35-51 A according to(lie zoning district in which the project is located. All lot reductions shall be compensated Cllr by an equivalent amount of Iand i►1 open space M'0 0 111111 0 11 al'ea to Presvl've ililt[ Illailltaill ill aCCOI•dance with life provisions o1 this Section. 2. Compact Housing Development. All land within if compact housing development not covered by buildings,parking lots or streets shall be reserved as Conullon land and open space. iL Open Space Standards. I. Ownership and 'ala ill lenalice of'Open Space. a, The developer shall provide 1`6r the ownership and continual maintenance of all opoll space created under one or more of, the methods stater( bolo w. C'ity approval of the form of dedication or Conveyance shall bC rctluil'C& I) of Icr to dedicate Iand to the public: (2) convey open space to be held in conunon;ur (3) Nvhcteagricultural land is to be preserved,creale an agricultural casement over that portion ol'the property to be protected. Mr\iwii 19,2002 87 Gi o Jof Jt�%fencoys Zoning Ordinance h. 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 submit covenant.~ and restrictions regarding permanent maintenance of the open space, including provisions addressing: (1) maintenance duties of the organization; (2) file manner in which )of owners will be assessed by the organization; (3) conditions of default;and (4) the manner ofenforcement by the City. C. Open space which is to lie dedicated for public use shall be located to provide access to or provide protection of adjr►cent public lands. 2. Open Space Allocation. Oper►space,hall be provided fi r each phase of'a development. 1 fconmion open space will not be provided proportionally by phase,the applicant shall execute a reservation of C0111111011 open space by grant of an casement 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 grcenways ® wherever possible. h. Open space areas shall be arranged to maximize access and use by residents ol'the cluster development. C. Where open space improvements are provided, a safe. secure and barrier-free system of tr ails,paths, walkways and bikeways shall be designed. Walkways and bikeways may link with recreation areas,schools,commercial areas and public facilities. Ll. Improvements may include paved pedestrian paths located in public rights-Of-way, pedestrian easements.paved bikeways, or other agreed-upon improvements. L Pro ject 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 Bu ftcr:yard. Project landscaping design shall be established in conjunction with file preliminary plat approval. 2. Design and I list aIlalloll. a. A project landscape,open space and screening plan shall be prepared and shall include the Ibllowing informal6ion: (1) Location of all phut material; including a key that indicates type and size relcrenced to a landscape schedule. (2) Landscape schedule shoving species, size, color, and quantity of landscape materials shown on plan, MAIWll 19,2002 88 Litt' of Jc!I%,rtion Zoning Ordinance (3) GencraI inlomialiill about planting,erosion control,ScheduI ill goI'iII Sill llatioll Ind irrigation. (4) Location of berms or screening walls, b, The applicant will be required to establish a pci-manenl ground cover in the landscape area to Stabilize the soil to prevent erosion. C. Berms or sacening Nvalls Where proposed OI'I-e(IltiNd SIM11 be aS approvc(I by the City turd colltpletcd prior to the issuance of any residenlial building permits within the project. Material colors 161.screening walls Shall be litniled to carthtone colors. The color Shall be unilorm Im the entire: length ol'the wall. Lt. All landscaping plants shall be maintained in in Sound, healthy, and vigorous living condition. ,1. Ufl'-Street Parking. 01T sirect 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 Cily nuty require the applicant to divide the project into phases in order to meet requirements and Standards contained ill these regulalionS. Bach phase must be sell'sufficicnt, meeting the re(IuiremcntS, Standur(IS and conditions applicable to that portion of the project, including open Space Provisions. Fach phase of*(lie project shall be SupporlCd by a(Icquale public liicilities. Exhibit 35-5.113: Conventional and Cluster Subdivision Compared Conventional Suh(livision Cluster Suh(livision A'xldhii 35-5313 shows a comparison ol'rr lot /a.1,0111 and a cluster subdivision iv th open ,yace on the same acreage. 35-55. VISUAL CLEAR ZONES (Sight Triangles). A. C:eneral, 1\11 intersections(.11'plll)Ill rightS-ol=way an(I driveway intersections Willi public rights-ol=way Shall have a visual clear zone(VCS)that is frcc ufany:ehsU'uction to vision Oki motorist or pcdeSU'ian, The VC% shall include an area withilt the public righl-ol'-way and on private property aS(IaSCribed below, The VC7,Shall he kept clear of visual obstructions between three Icct and tell Icct above the curb line. Where there is no curb, the height shall be nteaSUrc(I from the crown of the sU•ect. The V("/. sIvill he kept frcc of ohstrue ions that • include till,are not limited to Irees,Shrubs, Ivnces, walls and Signs. See lllxhibil 35-55A. The types of VC7. are addrcssc(1 below. MARCH 19,2002 89 �' CAv n A iLm-s»t!Allinp Ordinance ID. Visual Clear"!.ones. 1. Al Sla•cct hi(ersectiuns/Corner Lots. ']'Ile VCZ Bhibit 35-55A - Visual Clear Zone shall be a t'iangularm-ea firmed by lines that follow the back of curb, or Street pavement edges where there is no curb,and a line connecting them 35 Icet •�� rmoa From their point of intersection lit the corner, }r Il including the straight-line extension of' the Ay�a•.z ( j�ul s is ,'t•;t-�' hypotteusc tu file center oftheslrectright-of=way. s� yha.,f•way 2. At Driveway Intersections With Public Streels. r�.Fb�ki The VC/. at drivcwav intusections shall be a triangular area 1,61-aled I!y lines that follow the black of curb, or pavement edges where there is no curb, and a line connecting them 35 feet born the drivew;ly'S inlci:sectiorl with the public right-ol=way, including the straight-line extension of the hypotneuse to the center of the street right o1'-way. C. Exceptions. I. On corner lots, other than those localed in the C-3 and PUID districts, where either required front vard is less than 25 Icet,struetureS may he erected in the Sight triangle on private property with the approval of the Board ol'AdjusUncnt. 2. In the C-3 Central Commercial District, the (Director may wiliVC the VC%rcquiremcnts ifconsiStcnt with the development practices in the district. 3. In the PUD IDIStHCIS. StructureS may be erected in the VC's upon the approval ofthe Planning and Zoning Commission. �I. The Director may permit the placement of trees or pole signs in the V( Z on private property if the tree canopy or the sign finec will not obstruct vision. 35-56. RESERVED. 35-57. OUTDOOR LIMITING STANDARDS. DS. A. Purpose. The purpuise of these regulalions is to regulate the spillover of lighl and glare from outdoor lighted uses onto abutling property, rights-of-way, pcdeSt-ians and motor vehicles. R. Applicability. The Colln•,ving Standards Shall apply to all uses thal operate during hours of darkness and to oft-street parking arras but do not apply to public street lighling,orother lighting tint is Specifically exempted. C. Hickering and Flashing Lights. Flickering and flashing lights shall not be permitted. D. Lighting Plan (required. An exterior lighting plan shall be suhniiited lily review prior to the installalion or suhslanlial ntculilication ofany exterior lighting, whenevcra building pernlit is sought,or as port ofa site plan or other development plan review process oullined in Scetion 35-70. E. Location o1'Light Sources. light hlnllllill'leS 01'light SOUNcS sludl not be loc-med upon eascimms of fight-ol- wily and shall be Shielded to prevent glare and light front illuminating areaS not within the site. 1'. Maxintunl 111untinalion and Ltiminaire I leight. Exhibits 35-57A,35-5713 and 35-57C'silo",the nlaxilnunt I'ootcandles of ilhuninalion allowed on the Site and nutxinnun luminaire height. MARCI1 19,2002 90 City o V '�,r on Zoning Ordinance I. Luminaires without cutoffs or light shields. When the light soui-ce or luminairc has no cutoffor shield, (lie standards of Exhibit 35-57A shall apply, Exhibit 35-57A. Standards for Luminahres Without Cutoff Zoning District Maxinturn Foot Candles Maximum 11eight of for Illumination of Area Luminaire(ill Fect) RU, RC, RS-I, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-0 0.20 10' C-0,C-L. C-3 0.20 15' C-2, M-1, M-2 0.30 20' 2. Luminaires with (otal cutoff angle of 90 degrees or wore. When a luminairc has a total cutoff angle or light shield angle 01'90 degree~or more the standards of 1xhibit 35-5713 shall apply: Exhibit 35-5713. Luminaires with Total Cutoff An ale 90 Degrees or More Zoning District Maximum Fool Candles Maximum sleight of for Illumination of Area Luminaire(in Fect) RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-I, RA-2, N-0 0.50 20' C-0,C-1,C-3 0.75 25' C-2, M-I 1.011 30' M-2 1.50 35' 3. 1,anninaires with total cutoff angle of'less than 90 degrees. When a luminairc 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 vie x of an observer five(5)feet above the ground at the point where the cutoffangle intersects the ground,the standards in I"xhibit 35-57C shall apply: Exhibit 35-57C, Luminaires Vvith Total Cutoff An ale ol'90 Degrees or Less Zoning District iNaxinnum Fool Candles Maximum Might for Illumination of Area (Feet)of Lnun ill aire RU, RC, RS-1, RS-2, RS-3, RS-4, RD, RA-1, RA-2, N-0 0.50 20 C-0,C-1, C-3 2.0030 C-2, M-1 3.00 40 M-2 4.50 So MARCH l9,2002 'l l City of Jcffc►t!tson Zoning Ordinance G. Outdoor Lighting Shn(lards for Specified Uses. L Outdoor Public Recreation uses Within 500 feet of Residential Lots. Because of their unique requirements liir nighttime visibility and their lintitcd hours ofoperation, public recreation uscs such as ball lields 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 Riot candles of light shall lull upon the abutting property. 2. Planned Districts. Outdoor lighting in Planned Districts shall comply with the standards of this Section. iL Measure►nent of Lighting. 1. Equipment. A direct-read, portable light meter,with a colorand cosine-corrected sensor consisting of multiple scales that reads within an accuracy of plus or minus live percent shall be required to measure Foot candles of light projecting onto abutting property. 2. Nleasurement 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. 35-58. OFF-STREET PARKING AND LOADING. A. Purpose. The purpose ofrequired parking spaces is to provide enough of f-st•ect parking to accommodate the majority of traffic generated by the range of uscs permitted by the site development plan. 'I'hc 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. '['his Section sets minimum standards foroff-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.. I. Land Uses for Which Parking (Must Be Provided. fixhibit 35-58A shows the oft-street parking requirements for various land uses and developments. MAKI 119,2002 92 �ll'1' 11 x,11' 1'J',�'llll %I►liill� (�l'(llllUlJ['(' I?tillllll'i'3S-5tt:�, OFh-S'I'IZi?!?'I' I'ARf{ly(; REQUIREMEXI'S sf sgtlaiv fret GFA gross floor area N/A not applicable Use Categories Specific Uses Minimum Number of Vehicle Spaces 1. RESiDEATIA1, A. I luusehold I,h-ing 1. Residence Above First Hoor I per residence-r business parking 2. Iced and Ilrcaklast 1 per guest roorn+ 2 spaces for owner's portion Rooming/hoard I louse l per rooming unit 4. I of mitorics I per 200 sf GFA 5, I ruternilies/Sororitic; 1 per 200 sf GFA tiingle-Family"Ind Duplex 2 per dwelling unit 7. FIderly Apartment Complex 0.75 per dwelling unit S. Multi-Family 2 per unit 9. All Other I louschold Living i per unit 11, (Troup Living I. Nursing I limes; Assisted Living I per 2.5 beds Facility; In-Patient Substance Abusc Treatment Facili(y: Group Living Facilities; Iles, Care Facility for Elderly 2. Outpatient Substance Abuse Treatment Facility. I per 200 sf GFA 3. Other Group hiving l per 4 beds 2. INSTITUTIONAL AND CIVIC A. Schools 1. F,Iwnentaly and,I;ulior 1 lighs 2 per classroom plus l for each 5 scats of the largest place of public assembly(stadium.auditorium or gym)whichever requires the greatest number of parking spaces. 2. 1 ligh Schools I per 4 students plus I for each 5 scats of the largest place of public assembly(stadium,auditorium or gym)whichever requires the greatest numher of parking spaces. 3. Schools of Privala Insuruction i per 200 sf GFA a. Collcge, Vocational i'l echnical I per 200 sf GFA Schools 11. Community Services 1. Community linter I per 200 sf GI-A C. Cultural I, Mu:;curls„Art Galleries R Libraries I per 1,000sl' GFA MARCH 19.2002 93 City o '.!c'fitnear Toning Ordinance _ Use Categories Specific Uses i Minimum Number of Vehicle Spaces 1), Day Care 1. Day Care, Pre-School & Similar 1 per employee and staff member Uscs plus 1 for each 5 children F.. Detention Facilities I. .tails. Honor Camps, Reformatories, 1 per employee on maximum shift, Law I nliorccment Rehabilitation plus I per service vehicle Centers F. Ilospital/Clinic 1. I lospital 2.5 per bed for in-patient care facilities plus 1 per eacli 250 sq.ft of floor area for outpatient facilities 2. Clinic I per 200 sf G. Laboratories & 1. Laboratories and research facilities I per 300 sf Research IL Parks and Open reas 1. Giol f Course 6 spaces per hole 2. All Other 20 spaces per atliletic field or ball diamond or I per 4 seats whichever results in more spaces 1. Privale(Tubs, 1. private clubs, country clubs, lodges l per 4 persons based on maximum Lodges occupancy ,l. Radio/Television 1. Broadcast Stations I per 300s f GFA K. Religiornx Assembly 1. C liurches, Synagogues,Temple,etc. . I per 3 persons based on maximum occupancy in auditorium L. Safety Services 1. Police, fire. L'mergency Response 1 per 200 sf 3. CONINIPAICAAL A. Recreation arid 1. Assembly/Auditorium 1 per 4 persons based on maximum Entertainment occupancy or 1 per 50 sf if seats are not permanent 2. Aulusement Center, Park I per 5,000 sf of gross land area or I for each 4 persons based on maximum occupancy 3. Bowling Alley 4 per lane .1. Clubs/Lodges, Casino,Guest Rancli, I per 3 persons based on maximum Resort Cabins and Lodges occupancy 5. l lealth C'lull/ ilness Center I per 200 sf 0. Marina/Yacht Club 1 per 3 boat.slips 7. Miniature Golf 2 per hole 8. It V Park or Campground I per camping space plus 4 for office K, Coutnrunity Service 1. Conununity Activity Building I per 500 sf GFA 2. All C)ther C onununity Service and I per 500 sf GFA Pllihnithropic illAltl'1119,?002 � �� 9,1 Qv 21'.Lt%ersorr J, ni,r ► Use Categories Specit�c Uses Minhimin Ntimber of Vehicle Spaces C. Office I,General and Governmental Offices, I per 300 sf in all Districts except C-3 CiFA 2. General and Governmental UI'liecs I per 500 sf in the C-3 DisUict Ci FA 3, Medical, Dental, Counseling;and 2 per 200 sl'GFA Clinic 1). Parking, I. N;A N/A Commercial E. Recreation and I. Driving Range I per tee Entertainment,Outdoor I tutting;Cage, Watcrslide, Swim 2 per cage;other- per site plan Pool review based on maximum occupancy 3. Miniature Goll' 2 per hole 4. All (Alter Outdoor Recreation Per site plan review based on maxinnun occupancy F. Drive-1'111-11 Uses 1, Automated Machines 4 per walk-up ATM 2. liank, Drive-'I'hru Facilily 6 queuing spaces per window 3, Drive-In Cleaners; Drive-In Liquor 4 per window 4, Restaurant, Drive-in, no indoor 8 queuing,spaces per window+ I Seating parking space per employee on mEtximum shift 5. Restaurant, Fast-Foul with DrivC.111 K queuing spaces per window+ Facilities parking space per 4 seats G. Retail Saks and 1. Funeral I Ionic, Mortuary, I per 4 scats-E 1 per employee Services Crematorium 2. Restaurants, no drive tlErou};h I per each 3 cents fir patron use pl 3, Shopping;Centers I.e.ss Own 15,000 sl' 1 per 250 sf 15,000 to 400,00 sl' I per 200 sl' 400,000 to(')00,000 sl' 1 per 250 sl' 600,000 sI' I per 300 sf Milt 1'hetter add I per,l scats 4.'Theaters, Opera I Iorses I pet'4 seals MARCH 19,2002 9S City+ Person 7,6ning Ordinance Use Categories I Specific Uses Minimum Number of Vehicle Spaces 'S. Other Retail Sales, 1ligh Volume, I per 200 sf Stand-Alone(e.g-supermarkets, clothing and department stores, shopping complexes, hardware building supplies,book stores, big box stores, lumberyard and similar uses) 6. Other Retail Sales/Services, I..ow I per 400 sf Volume, Stand-Alone(e.g.,appliance and sales,repair shops, nurseries, green house, flea markets and similar uses) 7. Other Service Business,Stand. I per 300 sf Alone(e.g., beauty/barber shops, frozen food lockers, laundries, and similar uses) II. Self-Service Storage 1. Mini-Warehouse I per R.Storage units I. Vehicle Service, 1. Auto service, repair,body shop 2 per service bay+ I per employee Limited 2, Car Wash, Self'-Service 2 per stall 3. Car Wash, Dull-Scrvicc 6 per stall t. Gasoline station 1.5 per fuel nozzle plus I per 200 square feet of store .5,Oil, Lubc, Muffler 4 per service bay F I per employee 6. Tire, Batteries, Accessory Retailers I per 300 sf GFA .T. Vehicle Retail 1, Vehicle Sales, New& Used, spaces equal to 10 percent of vehicle including Recreational Vehicles/Boats display area 2. Large truck,equipment sales,bout 1 per 1,000 sf sales 4. INDUSTRIAL A. Industrial Service 1. Indoor and outdoor operations and Manufacturing;/ 1.1 per employee Production 2. Bottling works,creamery, 2 per 3 employee + I per service lumberyard vehicle B. Warehouse and 1. Warehouse, freight movement 1 per 5,000 sf; Freight Movement facilities 5 spaces minimum C. Waste-Related Use 1. Landfill/solid waste facility 1.1 per employee D. Wholesale Sales 1. Warehousing,equipment servicing !.l per employee & manufacturing area Qi y uJ'.Ljt arson brain ; O WhIanee a. Uses Not Identified. File Director shall determine the parking requirement for uses which do not correspond to file categories listed in Exhibit 35-581%, In such inst,mc.es, the applicant shall provide adequofe inlon•nutlion by which the proposal can be revic,,ved,which includes but may not necessarily be limited to the following: (I) type of uses; (2) nun►her ol'cmployecs; (3) huilding design capacity; (d) square f cct of~ales area,service area, etc., (5) parking spaces proposed on-site; (G) parking spaces provided elsewhere;and (7) hours of operation, b. `9ininrumNumberol'SpacesRe quiretl. The mininn►mnunnhcrofparkingspacesrequired for vehicle parking shall be as indicated in Exhibit 35-58A, however, il'the adopted fine code has a more restrictive requirement based on the lire code occupancy rating,(lie number of parking spaces shall be in conformance with the adopted lire code/occupancy rc(puirenncnls. C. Computation. Parking spaces computed lo:- the primary use of the site shall take precedence Over the computation of parking spaces based on Iloor area. d. Multiple Uses Within the Building. When more than one type ofuse that has a parking requirement is located within the building and at least 20 percent ol'the gross floor area is devoted to that use, the parking u►ceds for that use shall be calculated separately from the Other uses. For example, a 20,000 square loot building with 5,000 square feet of office space and 15,000 square feet of warehouse space would require 17 parking spaces for the oflce.and 15 parking spaces for the warehouse space for a total of'32 parking spaces. C. Shared Parking Facilities. Off-street parking requirements ofa 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 nnct: (I) The location shall comply with the provisions of Section 35-58.13,4 (2) The parking demands of'the individual uses,as determined by the Director based upon parking deman(1 information supplied by the applicant or other sources, are such that the total parking demand of ail the uscS at any one time is IcsS than the total parking stalls required; and (3) A written agreement between the owners and lessees is executed fora minimum of five years,approved by[lie 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 1"xception Use or Conditional Use Permits, shall be subject to revocation. Continuation or expansion ofthe use shall be prohibited unless the use is brought into compliance with the parking regulations of this Ordinance. t'. 'Temporary Ilse of Unpaved Parking Facilities. The use ot'an unpaved off-street parking lot may be authorized for a maximum ol'six months, provided the location, constn►ction and design of same shall be first approved by tine Director. MAIWII 19,2002 97 0(y qj'.h!ffi-rson Zoninp, Ordinance 2. Exceptions to Required Number of Spaces. I . Plinking in C-3 Central C ommereia! District. In the C-3 district, where there is a municipal parking lot within 300 feet, the prinking spaces required may be reduced by 10 percent ol'the total spaces in the municipal lot or 101s. Where 10 percent of the municipal spaces are equal to or exceed the spaces required filr the use, the parking requirements are satisfied. b. Reduced On-Site Parking with Parking Managenteit Plan. The Director play reduce the number of required parking spaces up to 25 percent when the applicant provides a parking management plan. Tlie parking nlanogement plan shall include transportation alternatives such as shared-ride programs,carpooling and vanpooIing programs,Iransit and conlnlutcr use, shared parking and other oft'-silt parking that reduce the need Rlr parking spaces. prior to the issuance of a Celli IWitte of Occupancy, or approval of a business license,the applicant shall provide evidence that such parking nlanagenlent plans exist. The evidence must include.copies of any contacts, ICISC agrucnlents,purchase agreements and othcrdocunlcntation showing that such transportation alternatives have occurred or are about to occur. The evidence shall report file number of participants involved, the percentage of the maximum work force participating in the parking management plan, the number and types of'vchicles used and the percentage o1'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 in all leases which binds all tenants to this commitnent made by the applicant. No change in the approved plans shall take place without a review by the Director. Approval ol'the parking nwnagenlent plan does not relieve the applicant of an ongoing requirement to provide off-steel parking spaces il'demand increases. C. Variance in Parking Requirements. Tlie Director shall have the authority to vary the parking requirement, by up to 10 percent of the required parking, if one or more of the following circumstances exists: (I) Expected atUomobile owncl;ship or use pallerns of employees, tenants, or other users varies 8.0111 what is typlc8l Ill file C011lllltlllit�'or typical 1'01-the use. (2) The parking de111and varies throughout the flay in relation to parking supply. (3) The nature ofoperational aspects of the use warraius unique parking arrangements. (4) Actual parking practice in the comnitlnity denunlstrates that the parking standard may be too high. 3. Parking in C-3 Central Commercial District,Large Office Buildings. Structured parking rather than surface parking shall be required for ol'I ice buildings or other uses in the C-3 district that exceed 75,000 square feet for olflce use. 4. Location. a. The parking area shall be provided on the same parcel as the principal use or structure wherever practicable. b. Off-site parking Ibr non-residential uses shall be located within 450 feet ol'the site,on land which is zoned For parking lot use as shown in I'xhibit 35-25. MARCH 19,2002 98 Qv a 'J th--i-son Zoning Ordinance C. Parking for 1111.116 t unily dwellings shall be located on the same lot as the plain building,or within 100 lect thel-col',on land which is zoned Im parking lot use as shown in Exhibit 35- 29. d. Parking forsinglc-fiullfly and two-family dwellings shall he located on the salve lot with the building, C. All off-street parking spaces shall be located off•the City right-of-way and parked vehicles shall not overhang onto the City right-Or W;ly or abutting property, 5. Parking Lot Landscaping. The minimum landscaping requirements of this Section are intended to improve air duality, to reduce beat and glare, and add to the aesthetic quality of our living environment. "frees appreciably reduce the dangerous carbon dioxide content of the air, are proved producers of oxygen, and playa vital role, through transpiration and otherwise, in purifying the air we breathe. 'fl•ecs arc valuable physical and aesthetic community assets in that they provide cooling r;hade,wducc noise levels and glare,and break the ltlonotony 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 „u'icty in shale, texture and seasonal color. It. Relationship to other required landscaping,serecuing and buffering, l3ufferyard 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 orscrcening required by Section 35-59 and other applicable sections of this Ordinance. Where specific parking lot landscaping provisions exist, such its applicable to Big Box/Superstore developments in Section 35-41,those provisions shall � prevail. b. General Requirements. Landscape plantings shall b,� installed on any parking lots containing more than ten (10) sp,lceS, Such plantings may, with a permit issued by the City Forester, be in public right-or way adjacent to [lie parking lot. Such plantings shall consist of the number of standard canopy trees Irom the Approved Planting list needed to shade at least thirty-five percent (351So) of the pm-king lot Nvhen the trees are mature (see definition in Article IX atul Approved "free 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 bused on the Alanual n/'I!'nnch, Lululcc•111n1 Plea is, 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 li•onl vehicular encroachment by curbing or anchored wheel stops. Planting islands shall be at least lour feet wide and 100 square I•eet to protect trees and vegetation front bumper overhang and swlllging doors, Plantings shall be located to minimize clalnagc caused by door Or bumper Overhang. d. Areas Between 'frees, Lund between trees shall be covered with Shrubs, grass or other li\ing ground cove r, or non-living groundcover. e. Large Parking lots Containing 150 Spaces or More. (I) Muxinnlm Lot Size.No parking area shall contain more than One-hundred and filly (150)spaces. If a greater nunlhcr is required,separate parking spaces of not more than one-hundred and 1'111),(150) spaces shall be provided and shall be separated by a landscaped area at least ten (10) I'cet in width. The use of berms and Mmu•n 19,2002 qq i11,1 ',/t1' 'i'►-soll Zont01lt,+ f 17HI Ul101 evergreen ta'ees in the laradseaped strip is cttcuuragcd but not mandated. Up to tell lae'ccnl ol'the length ol'the strip may he opened to hermit pedestrian and vehicular access between parking areas. (2) "I'hc;tmount o1'shade provided by mature parking lot trees in large parking lots may be reduced to twenty-live percent(250„)in cases where the landscape plan makes eflcctive use ol'herms, landscaped strips or landscaped areas within the interior ol'thc parking lot. (5) A minimum ol'three different species ol':recs is required in large parking lots to reduce the impact of potential disease or insect inlcstations,and to provide variety in shape, texture and color. 1'. Plan Required. frees shall he installed in accordance with the plan approved by the appropriate approval authority and in accordance with the standards ofthis Section. A plan shall not be approved unless it is directed toward the attainment ol'the purposes stated in subsections 5 and 5a above. The plan shall include it sct ol'standard notes which indicates the planting ciclail and type of Trees to he planted, including the Latin species and variety, cultivar and Common name. I!. Planting; Detail. 'frees shall be planted in accordance with the Standard Tree Planting Detail in Appendix 13-1 or 13-2 ;as site rondiliO.ms diclate, h. Variance Provision.lf the property owner can prove that for reasons of rock or other unusual characteristics,such planting is not possible,(his requirement maybe varied by the 130a1-cl 0f Adjustment. A variance, if granted. shall be limited to the minimum variance necessary to resolve, in whole or in pat 1, the particular problem ol'the applicant. L Maintenance of Plantings; and El forcenumt. (1) 'frees and shrubs shall be maintained in good condition and replaced where necessary to ensure the continuation ofthc planting or landscape plan as approved. Failure to maintain required trees in good condition and replace them when necessary shall be pursued as it violation of this Ordinance. The Director shall have the power to prohibit parking until maintenance;or replacement is completed provided that at least lorty-five(45)clays has elapsed since the notice of violation was sent. (2) The landscape plantings shall he considered as an clement of'a project in the same manner as paved parking, building construction and materials, stot7n water drainage, and other elements. A building permit shall not be issued prior to the approval of'(lie planting plan. except it building permit for only the footings and IoundaaliOnS 01'11 sla'ucture may he issued prior to the approval ol'the planting plan, provided however,no parking lot paving shall he accornplished under said footing and liunadalion permit and, further provided, all plantings called for in the approved planting approval planting plan shall be installed prior to the issuance 01'a final certilicate 0foccupancy. If,at the time ol'the request for the certificate the plantings C amtot he installed or would he,fcopardized by weather,11n instrument signed by the owner specifying the materials will he installed in the next planting season may be accepted to allow the issuance of a temporary certificate of occupancy. MARCIIIa),20(12 100 � �� Cgs, o/'Alft rson Zoning Ordinance 6. i\lftthuum Improvements and(Maintenance Standards. Parking areas, automobile and truck sales lots. parking garages and driveways serving these areas shall cmitlorn; with the following; improvements and maintenance standards; a. Paving Requirement and Classification. (I) Exhibit 35-5813 shows the paving classification and the type and thickness of paving material by general laud use. (2) (hose parts o1'parking areas which may be subject to 1'requent heavy truck traflic area required to meet the standards for the heavy chtssi f ication, l heavy tntck traflic areas may include,but are not necessarily limilcd to, trash disposal tunas,loading; and tmloading wrens, and chives leading to such areas. (3) A final decision on the need R►r Light, Medium or I leavy classification will be made by the Director at the time an application fora building permit is filed. Exhibit 35-5813, Paving; Requirements and Classification Land Use Classiffcatiosl Paving 'Thickness(not less than) 1llaterfal Single-family and Light Concrete 4" Two-Family Bituminous 2" over a 4" compacted crushed stone base Residential Paver blocks 2" paver block over a 4" compacted crushed stone base Three-and Pour- Family Residential Light Concrete 4" Bituminous 2" over a 4" compacted crushed stone base Multiple Family Iesidential with 5 or more Medium Concrete 1" unit!,; and Non-Residential except I'm Industrial Uses and/or Areas to Receive Bituminous 3" over a 4"compacted I leavy Truck Traffic crushed stone base Industrial Uses and/or Areas to !receive I Leavy Concrete 6" licnvy Truck 'lra1'fic Bituminous 5" over a 4" compacted crushed stone base Matta, 19,2002 101 h. Driveway Standards. (I) All entrances and exits to parking lot areas shall be locatcd to minimize traffic congestion on the public street system,in accordance with standards adapted by the Department of C'onununity Developntcrtt. (2) Private driveway approaches, when located on public right•ol=way shall he designed and constructed in accordance willr the standards adopted by the Deparlincnl ofCormnunity Devrlopntrnt. (3) The full width and length ol'tdl driveways shall be paver. except that the Director mayauthor'ize a reduction in the width or length ol'lltc paved drivewayas provided below: (a) `'there 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 wish the street to the setback line, or a minimum of 25 Ices from the right-ol-wary line,which ever is greater. (b) Driveways serving overflow or seasonal parking lots or low traffic storage yards shall be paved from Ihcir inlcr:,ecliou with the public street it minimum length of 25 Iect beyond the right-ol=way line, (c) An existing driveway with less than the required width which serves an existing residential structure containing,onc; 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 born the Director. (4) Driveways serving parking lots fir multiple (iurtily units and non-residential uses shall he designccl liar either one-way or two-way traffic. Direction of traffic shall he indicated upon the site plan. (5) Driveways and their driving lanes shall be subject to the additional standards of Exhibit 35-58C. (h) No part of a private drive approach or radius shall encroach upon the adjacent property. (7) Abutting and common driveways, (a) One-and two-Ihndly residential lots may abut their respective driveways, provided that each maintain, the minimum width required, as measured front the property line in common to the edge ofcach respective driveway, (h) Multiple I*tmlil),residential and commercial properties mayabul driveways or may provide common driveways, upon approval by the Director. AdCquatC atcCess ',111(1 circulation nutst he 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. MARCIl 19,2002 102 City of'Jcffetson Zoning Ordittunce Exhibit 35-58C. Driveway Standards. Land Use Minimum Private Driveway Minillttlnl Maximum Minimum Setback from Properly Line Width of Width of Width of Driveway Driveway Driving;Lane' One-family and 2 feet 12 feet 24 feet n/a Two- Family Residential Multi-Family Residential 2 fleet 12 feet' 24 feet' 10 feet Commercial and 5 feet 24 Icet2 40 feet 12 feet Non-Residential Notes: ' Otte-way traffic. `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 IMarking. 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 surlacc, by raised directional signs,or by markers or other similar measures placed in the surfacing. ® C. 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. 7. 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. I.,oNv'fraftic Storage Yards. A low-traffic.storage yard maybe 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 surlaces shall be maintained in good condition free of weeds,dust,trash and debris. All vehicular traffic areas shall nice( or exceed adopted City construction standards. 8. Parking;Stall and Aisle Design. • a. Parking stalls and aisles shall be arranged to accommodate sate circulation of'vehicles and pedestrians. MARCH 19,2002 103 C"itl+�►f'Jc "ersun Zoning Ordinance b. Compact Car forking. 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 he 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. 9. Off-Streel Parking for Persons with Disabilities. Off-street parking fhcilities shall be designed and constructed in accordance with all requirenicntS of the Arner•icuns with Di.mbilifiesfict(AUA)and the Uni1brrrr Pedel•ul fl c c c ssibilih ,ti'Irurrlurrl.�. Exhibit 35-58D 45" Ankle Nlininutm Dimensions Parking Design Compact Standard A l �A \ A tilull Width - 1,5' 9,0' 13 Stall Depth 16,0' 19.0' C A1slc NVIdtll -way(Shown) 12.11' 12.0' 2-way 24,0' 24.0' JD Car Curb Length 10.5' 12,5' F, 'MI Width (13+B4-C=D) OVE'I'�) nC� 1-way(Shols-n) 44.0' 50.0' 45° Pai-king 2-way 56.0' 62.0' Exhibit 35-58E 6V Angie Minimum Dimensions �_..........._._.. f_ .. ► Parking Design Compact Standard A Stall Width 7.5' 9,0' 13 Stall Depth 16.5' 20.0' C Aisic Width I-way(Shown) 15,0' IsM, 2-way 24.0' 24.0' <r / D Car Curb Length 8,5' 10.5' OVCI•{)d►)ca E Lot Widih (13+13-t•C=D) (Shown) 48.0' 58.0' 60° P ir!&irty 57.0' 04.0' MARCI1 19,2002 104 GO, o/',la!1%, ;ion Zoning Ordinance )<.xhUkllt 35-581 90" Angle 11Iinirnum Dimensions . A - ` -.--., i_. __ ._---. ► 1PaParking Design+! �j ►I4 c Compact Standard A A Stall Width 7.5' 9.U' It SUIU pcpth 15.01 19.0' ;--- -- - —; C'Aisle Wldlll� 1-wa/ 7.0' 24.0' 2-way(shown) 24.0' 24.0' --- — - — OveYh1tl� D Lot WhIth(It+B+C=l)) j 1-way 52.0' 62.11 2-►gay(shown) 54.0' 62.0' PCY�?C'.n�ICLII�P 90° Parking 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 ;,line 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 front 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 ol'parking spaces sllalll be illaintained 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 nice( the minimum improvement requirements which were in efli,ct at the time the improvements were installed. Before prohibiting parking on any area, the Director shall notify the owner,in writing,ol'the work that shall be required to bring the area into Compliance with the allinln uni l Jill)1.0vc llenI standards for off-street parking. Such improvements ;hall be Completed within six lllorillis llf'such notification all Conformance with Article VilI. C. Off-Street Loading. I. General. Site plans for proposed business,conunci•cial or induStrial uses shall show provisions for loading/unloading areas on the premises. "These areas shall lie reviewed for their impact on the site, the adjacent streets and tha adjacent land uses. 2. Number and Sire of Loading;Spaces. loading Spaecs,a mininlunl size of 14 feet wide by 50 feet long with a mininlunl vertical clearance of' 18 feet. shall be provided for new buildings and uses and expansions or modifications of existing uses as shown in Exhibit 35-58P. 3. Standards rot- C-3 Central Commercial District. The Director shall have the authority to reduce the off-street loading requ ire tile tits for a land use in the C-3 Central Commercial District by one space►f ,tccep(atble alternatives exult which are consistent with current practice in the area. MARCH 19,2002 105 City qj%hf%m-.con Zoning Ordinanve Exhibit 35-581. Minimum Number of Loading Spaces Required for Specified Lund 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 I 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 I 35-59. SCREENING AND BUFFERVARD S'T'ANDARDS. A. Purpose and Intent. The intent ol'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 cnlorcemcnt ofthis Ordinance. Developments shall comply with the requirements of all applicable sections. Parking lot landscaping required by Section 35-58.11.5 shall not he counted toward the satisfaction of other landscaping and buffering required by this Ordinance. B. Landscape flans. Landscape plans Im parking lot landscaping, screening and butTeryards shall accompany the site plan. Required landscape areas shall he 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 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 fin•planting. C. General Landscape Standards. All landscaping required by this Ordinance shall comply with the lollowing minimum standards. 1. Plant'Types. a, Trees and shrubs shall he hardy and of a species common to or adapted to mid-Missouri, shall be matched to the site,and shall not he of nuisance type species.'Drees that release MAKI1 19,2002 106 C'it►+ n 'Je 'irmnrr Z.0"in w'lydinrrar r1 Irllit, nuts, large Sccd pods or similar materials arc discouraged from being used where they abut the right-uf=way and in parking lots. 'file applicant Shall ensure that a mix of Species, color, texture,and lilrna are used. b. Requited landscaping shall be selected From the f1121)rol�e(l Plantim, Licl, included as Ilypet)clix.I. Updates to the;_Ina cl 1'lantin��/,ict 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 ol Woo(lr Latrclscape Plants, Michael A. Dirr, 4111 1?dition, published by StipeS Publishing Conlpany, Champaign, Illinois, 1990,or the latest edition,shall be rcicrred to forsize and charactcristics of trees and shrubs. C. Alternative varieties of trees and Shrubs nlay be approved by the Director, subject to review Of'plant characteristics to ensure that the general landscape standards are ►net. 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 Phuut Size at Time of Planting. 'I he following minimum requirements shall apply to plantings within required bufTeryards: a. Canopy trees: Canopy trees shall be CICCidnollS, two inch caliper. measured six inches above the ground. b. Conifer/evergreen trees: Five feet tall c. i-ledges/live barrier features: Shall be evergreen, one gallon container. d. Understory plantings and dcciduouS Shrubs: One gallon container C. C.iroundcover: 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. 4. Installation. Plants shall be inst fled in accordance S7a,rrlurcl"D-ev Pla,rti,ag Detail a•Stanrlarrl T we Plgmtilw,Detail/in.Cnnhactc r/Sr,iL�, promulgated by the Urban and Community Forestry Division of the Missouri Departrncnt 01• Conservation, included as Appendix 13. All plant materials shall be installed prior to issuance ofCcrtiI gate of CLIpancy. A Temporary Certificate of Occupancy(TC'O)may be issued prior to installation elf 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 ofthe issuance ol'the TCO. The financial guarantee shall be equal to two times the cost of the nuuerials, 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. 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 sinlflar natural materials three inches Ill deptil to prevent weed growth, erosion and blowing dust. All plants shall be maintained in a hcalthycondition in accordance with generally accepted prolessionid horticultural and arboricultural Standards alld practices Such aS recommended in _4NSI S7anclarc/A-300. Plants Which die or arc unhealthy Shall be replaced in accordance with the approved landscape plan. Mn wi1 19,2002 107 (it , Y'. 'i'rw»r Zoning Ordinance Regular pruning and trimming shall be applied to maintain health and to permit the plants to achieve their intended fin'm and hciglrt. 6. Use of,the Public Ilight-ol'-Way. a. Unless speCi!icnlly permitted, ►►t)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 liar planting on public right••of=way. C. h•rigatiou SystCmS on public: right-of-way shall be approved by the Director prior to installation. 7. Use of Utility Lasemenls. No utility easement may be used Im required landscaping or buffcryard barrier Icaturc unless approved iti writing by the appropriate official ot'eaeh afTected utility. Evidence of'such approval Shall be(I) 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 casements shall be limited to small canopy trecS, ShrubS and hedgcS, ground covers and turf grass. Each medium or large canopy tree required by this Section may be replaced by two small canopy trees it'required by the utility company official. S. Visual Clear Zones. i.andscaping and buffering height shall comply with the provisions of Section 35-55 Visual Clcar/_ones. 9. Parking or Storage Within Landscaped Areas Prohibited. No parking, storage,or outdoor display shall occur within a required buffcryard area. 10. 'Multiple Landscaped Areas or Buffers. Whcre multiple landscape areas orbuf fers are required in the same general location(e.g. parking lot perimeter landscaping and zoning district boundary buffering), the more stringent buffcryard and screening standard shall prevail. I). Bufferyard and Screening Standards. 1. Purpose. The purpose ofthe buffcryard and Screening standards is to provide visual separation of intensive uses from Iess intensive uses; to preserve and enhance property values by ensuring that yards,open spaces,and parking lot~are constructed and maintained with plant~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. Buflcryards shall be provided wherever specifically required within the text of this Ordinance or by Exhibit 35-59A. a. Buff'Cryards with Specific planting criteria may be required by (lie Approving Body during the coursC ol'rcvicw ola Conditional Use Permit or Special Exception Permit if it is Ibund that a Specific type of buffcryard or screening is required toe the proposed use or for the protection of ad.jaccnt properties. b. Newsinglc ramily residential development in anyxoning district is not required to install • buff eryards,unless specifically required by the provisions ofSection 35-27 Planned Unit Development or Scction 35-54,Cluster Subdivision and Compact blousing Provisions. Muni 19,2002 1 115 City J'Alft rson Toning Ordinance 3. Buffering Requiretuents fur Parking Lots. Parking lots with 50 or more spaces shall provide a"Type R i3ul'feryardi along;rll Stect frontages and along all property lines which abut residential uses located in RS-I. RS-2. IBS-3, RSA, It U, 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 ol'the plant materials the buffer area space and vegetation shall be provided on the inside orally barrier Feature (ix, on the side of the property required to provide the bulTer regardless of which property the barrier is located). 5. Bufferyard Location. Huf1'cryards 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 Casements. 6. Bufferyard'1'ypes,Options.'I'hc types ofbufferyards and their features are described below and in Exhibit 35-5913, BuFTeryard 'Types and Options. The minimum bufferyard required to be installed is indicated by Option I under each buflcryard 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,turfgrasses 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 35-5913 shall control. a. ['ype A Bufferyard: The 'Type A Bufferyard is intended to provide landscape beautification and screening between developments. No barrier feature is required. b. 'Type 13 Bufferyard: The "Type 13 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 mininuun 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 mininnun height of six feet is required. d. Redevelopment Situations. In redevelopment situations,where pre-existing structures preclude the installation ofa bufTrryard in the width required, the Director tray approve the following: (l) The bul'lcryard may be reduced by up to 50 percent of the minimum required width for the situation, however, the remaining features sliall not be reduced and the intent of the burferyard type shall be preserved. (2) In ext'emc situations which cannot meet the standards ofparagraph d(I)above, a Iel1CC, wall, hedge or Shrub border meeting the height requirements may be authorized,however, the intent of the bufferyard shall be preserved. e. Useof Natural Und isturla ed lot-Nultu•alForestedBufferyardAreas. Existingnaturalforested and natural undisturbed areas may be used as bulTeryards, in accordance with the following standards: • MARCII 19,2002 109 EI tT()f.!!:Jterson Zoning Ordinance ( 1) A natural buffcryard may be used along all property lines which require a buffer, however, a natural undisturbed bufferyard shall be located at least 25 I'M from file street right-of-way, (2) Natural undisturbed buffcryard,where used to meet a bufferyard requirement of this Chapter.shall remain undisturbed during development and constrlrction and shall remain undisturbed until such time as it is replaced with another bufferyard option from Exhibit 35-5913. (3) Natural f(i'CSIC(I bufleryard, where used to meet the bufieryard requirement of this Chapter, may be enhanced through trimming, brush removal and addition of trees, Shrubs or other plantings. (4) A natural buffcryard shall possess the minimum width as shown in Exhibit 35-5913. f. Use of Open Space 13ufferyard Areas. Upon space may be used as buf(eryards in accordance with the following standards: (1) An open space bu fferyard maybe used along all property lines required to meet the Type A anti Type 13 buffcryard requirements of Exhibit 35-59A,except that where parking lot screening is required,a planted bulTeryard shall be installed in accordance with one of the options outlined in Exhibit 35-5913. (2) An open space bufferyard shall possess the minimum widths as shown in Exhibit 35- 5913 in order to satisfy the requirements ol'this section. E. Use of Fences, Walls and Berms in Required Bufferyards. Where used in combination with a buffcryard, fences,walls and berms shall comply with flu; R►llowing 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. I'lawing Area. Required trees and shrubs shall be planted on the crest. The remainder ol'c•est and side slopes shall be planted with groundenver rind/or sod. 2. Fences. Fences used as it harrier feature in a required but'1'cryard shall consist of concrete, natural-finished wood, 11111intenrmce-free vinyl,or combination, shall be solid and of a two-sided design. Such fence shall be located within three feel ol'the property line. 3. Walls. Walls used as a barrier feature in a required bufferyard shall be constructed of solid masonry Imished on both sides. finish may consist of stucco,brick,stone,versa-lock;and other materials as approved by (lie Director; minimum six inches thick. Lhifinished concrete block is not permitted.The wall shall be located within three feet ot'the property line. 4. Combined Might. Where a fence or wall is combined with a berm,the maximum height ref the fence shall he reduced by the additional height of the berm. 5. Buck-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 MARCII 19,2002 110 Git`V c�fJc'fervon Zoning Ordinance requirements of this Section. An existing,solid fence which meet~all ol'the above requirements, except for type,may be substituted Im the re(lUired wall provided(he width of the landscape strip is increased such that at the time ol'development approval in equivalent amount of buffering bctwccn properties is provided. !�. Standards for fences and Walls Used Outside of Required Bufferyards. I. Standards in All Districts. No fence shall be erected without a permit. At a minimum, unless specilie(i otherwise at the time of(Icvelopnient approval, fences and walls erected shall comply With the following: a. Visual Clear Gone: i ences and walls shall comply with the provisions of Section 35-55 Visual Clcar 'Lone. b. Fei►ces and Walls Erected by Public Faitities Exception. Fences and walls crccted 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 fi•oni the 1'cnce height regulations provided that the fence is more than 25 acct from the nearest properly line. 2. Standards for Fences and Walls in the RU, RC, RS, RA mid N-O Disti-icts. a. i:xcept as modified by Section 35-55 Visual Clear lone, fences and walls having a height of four(4) feet or less may be located on any part of the lot. b. Execpt as modified by Section 35-55, Visual Clear Zone, fences and walls having a height ol'si.e 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 maul building. C. Barbed wire,chicken wire and hog wire is prohibited except in association with a legal nonconforming or permitted agricultural activity. d. Use of concerlina wire is prohibited. 3. Standards for Fences fund Walls in the C and 1I Districts. a. Except as modified by Section 35-55 Visual Clear 'Gone, fences and walls having a height of ten feet or less may be erected on those parts of a lot that are as tar back or farther back from tl►e street than the front plane of the main building. 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 penuitted in these districts. 4. Standards for Fences and Walls in (lie PUD Planned Unit Development District: Height of 1'ences and walls shall be determined under the plan review procedures set forth in Section 35-74.C. MARCH 11),2002 City of JLe L'mon Zoning Ordinance Exhibit 35-59A. Landscaping,Screening& Bufferyards Between Zoning Districts Bufferyard Key': A -Type A 13-Type 13 C-Type C (-) -No Bufferyard Required 2oningotExisf ngAevelopment Zoning of . ..�. w .__ __ w" At: n 'n Proposed New RC', 1� bevclopmient or RU, �_ ;.PUD Redevelopment RS-1 RD RA-1 RA-2 N-O C-O C-1 C-2._. C 3 M 1 M 2 Non ' thru R es Res RS-4 RC, RU,RS-1 - - B 13 B E3 B C C i C C - B thru RS-4 z RD - - A A B B I B C C i C C ` . - B ... RA-1 B A - - 13 B B i B 13 C ; C - B RA-2 i B A - - B B B 13 B { C. C i - B N-O B B B B - I B B B l3 C I C B B C-O B B 13 B ; B - i - A ! A I B - C-1 B 13 B B B - - - i A A ( B C-2 C C 13 13 B - ! . - i A . A C-3. . C C B B l3 - ; A A B M-1 C C C C C A i A j A A - B - M-2 C C C C C A A A A - - B } - PUD Res - - - 13 13 B B B B B - I B PUD Non-Res B B B 13 13 - - - - I - ; B Notes; ' Bufferyard types arc outlined in Exhibit 35-5913. Refer to Section 35-59.D.2. forappiicabilily. Non-residential uses and otherspeciGed developments in the RS zoning districts are required to provide a bufferyard as specified above or by specific requirements elsewhere in this Ordinance. MARCII 19,2002 112 E 41 ej 50 Q' z cn G 2- CAM tj CA CA Ca, j G E p ci 2 1= G a .2 C" 0 ID 0 'UJ 7- Z .0 va tj el go I—tj t—U E + z = e,i fr) E CJ C C7 w L 53 -—Ij C- 'i EE C: ..U. y U -0 Ell Ol C-i C'itt+rj�_ .Ic�%J�tinrr .lc,rrirr�► Urclr,rnnrc> EXI1113I'1'35-59C: SAMPLE' 13UFFE11V IMS (Refer to Exhibit 35-5913 for Specific Requirements) (Sec Approved Planting List in they Appendix) Type A Bufferyard: Minimum Width 10 feet Small canopy trees planted 20' on center Med ium canopy trees planted 25' on center with opt ional fence �A('•°•"•• �� "•�r"•'r•�•� •j•�!'C•• ::/�ra 1. I.iit-ge canopy trees planted 33' on center with optional ShrbS Type 13 I3uftcryard: Minimum Width 10ICCI �* Medium canopy trees planted 25' on center with 3' high hedge Small canopy ('ces planted 20' on center on top of3' high berm Large canopy trees planted 33 on cc ite,r with 3 high stone. wall 'type C 13uficiyard: Minimum Width 25 feet qtr �MI, �` il►' Medium cunapy trees planted 25' on center'with fi' high evergreen hedge • 1.. +'� Large canopy trees planted 33 on center with h high Icnce r fall conifer trees;stagger planted 20' on center with branches a �9 -r-•�'�` touching the ground MARC)1 19,2002 114 City of Jcf m-son Zoning Ordinance _ 35-60. TRAFFIC IiNIPACh ANAi PSIS. A. Purpose, 'Traffic Impact Analysis (TIAs) arc 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 ofsitc traffic onto available or future streets,public safety requirements and the determination oftransportation 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 Shitll submit a Traffic Impact Analysis fbt,the Rollowing types of developments unless specifically waived by the Director: 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 l5 percent,where at least 100 new peak-hour trips are involved; 3. Necessary development agreements to determine "lair share" contributions to major roadway improvements. C. Traffic impact Analysis Report Content. The TiA shall be performed under the supervision of a registered, professional engineer qualilicd and experienced in transportation engineering. The TIA shall follow standard transportation engineering practiCCS and methods and shall include the following minimum information: I. Analysis of existing conditions and issues; 2. Analysis of forecasted u'af Iic Conditions. Trip generation and pass-by trip estimates for proposed developments may be obtained from the institute of'1'ransportation Engineers,Trip Generation((,th edition, 1947)or the most recent edition. 3. Analysis ref alternatives where appropriale; �l. I"in.dings, conclusions, and recommendations. MARCI 119,2002 115 of Jc;jf mwon Zoning Ordinance ARTICLE VI. NONCONFORNMING USh,S Olt SITUATIONS, 35-61. PURPOSE- It is tite purpose ol'this Article to provide for the regulation ol'uses,buildings,structures or lots which legally existed prior to the effective elate ol'this Ordinance but which fail to comply with one or more of the applicable regulations or standards established by Ibis Ordinance err subsequent aunendnrent of this Ordinance,or which have been rendered nonconforming(file 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 ol'these regulations to specify those circumstances and conditions under which such nonconformitics shall be permitted to continue and expand. 35-62. APPLICA13i1,111'. A. 'these regulations apply to nonconibrnting 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 arc 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. 13, In certain cases,nonconformitics maybe 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. Nonccrnlurnting uses or situations that haven lesser impact on the immediate area have fewer restrictions than Iho,c widr greater Impact,. For insuauicc, nonconlorrning uses in residential zones pose greater impacts and the expansion ol'such arc 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. 35-63, DETE MINATION OF L E CAI, NONCONFORMING STATUS REVi114M. A. Purpose, Review and Determination. This Section provides infilrmution on flow legal nonconforming status is determined I'm- 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 Fxhibit 35-29, B. Evidence. I f the Director determines that evidence is insuflicicnt or unsatisluctory,a I)ete►•mination of Lcgal Nonconforming Status Review Shull be rcquircd in accordance with this "ICCHOII. I, Evidence Required - Use or Sihu►tion Allowed When Established. a. Building, land use or development permits; or b. Zoning cndcs or maps. 2. Evidence Required- Use or- Situation Maintained Over'1'inre. It. Building, land use or Cleve lopmeut permits; 1). Income tux records, C. Utility hills; d. Business licenses., MARCH 19,2002 116 Qy n 'Jc!&I-sun Alling Orriinallee e. Listings tin telephone,business or folk dit'ectoricS or similar publications; or E Adverlisements in dated publications. C. Procechu•c. 1. Application by Owner o►- Staff Initiated.. The Determination of Legal Nonconforming Status review may be initiated by staff or may take place upon application by file property owner,who shall provide copies of evidence to the Dir'eefor. 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 Departmctil office, 11'the Director determines that the noncontorrniing use or situation was permitted at tile, time and has been maintained over time, the Director will issue a C ei-f fkwl e o/'Nonco»Jbruring Use,or Situation Similes 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'. 35-64. REGULATIONS 'rilAT APPLY TO ALL NONCONFORMING USE'S OR SITUATIONS. A. Ownership. Changes in ownership shall not affect the nonconforming status. B. Change to a Legal Coll for►ning Situation. A nonconlorming use or Situation may be changed by right to it legal conforming status. SUCK change shall terminate nonconforming; rifli(s, C. Change to it Conditional Ilse. A nonconforming use may be changed to a conditional use in confornuuux with the procedures and standards of*Section 35-73.A. Conversion to it conditional use shall terminate nonconforming rights. 1). Nta ill tenalice and Repair. I. Routine iNlaintenanee/Repair. The maintenance and minor repair of a nonconlirrniing Ilse or nonconfirrming structure is permitted. 2. Restoration and Repair Due to Damage. a. A nonconforming use, other than it one family or two laniily dwelling, damaged to less than 75 percent ol'the current lair market value maybe restored in compliance with adopted building,fire and life safety codes provided the work is co mnenced within six nionihS from the elate ofdamage.and all portions ofthe st'ucfurc being restored are not and were not on or over a property line and the C'ertiticate of CCIlpancy is issued within one year li•om the date of damage. I f damage excce(ls 75 percent,restoration or repair shall not be permitted unless the restoration brings the use into conl'or•mancc with This Ordinance and applicable adopted codes. h. A nonconforming, one or two family dwelling,damaged by more than 75 percent of its currant lair market value, may be restored or repaired only iI`. I)such restoration or repair work complies Nvith applicable building, fire and lilc safety cooed­; and 2) the restoration or repair work is substantially commenced within 365 clays from the(late of damage;and 3) the squa►•e foot,tg'of the residence is not expanded or increased,except as provided in this Section. The Director may extend the deadlines For com eneement ofcompletion of MARCH N,2002 117 Cie), f cyAm'.11)Il Alll/l ►b Ol'[llll(1111'[' such restoration or repair work upoll showing that file applicant, due to circumstances heyond the applicant's control,cannot comply despite the exercise ot'reasonable diligence. C. For purposes ol'this section, fhir market value shall mean the most probable price which a property should bring in a competitive and open market under all conditions rcquisitc to a lilir 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: I. Buyer and seller are lyfiically motivated; 2. Both parties are well-informed or well-advised, and each acting in what Ire considers his own hest 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 f or 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. 35-65. CONTINUATION OF NONCONFORMITY AND COMPLETION OF NONCONFORMING DEVELOPMENT. A. Continued Operation. 1?xcept 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 alllowcd to continue so long as 50 percent of the structure has been completed. 13. Change of Use. Any use of land or structure may be changed to another nonconforming use of the same nature or less intensive nature ifno structural alterations arc 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 conf'or7nance with Section 35-73.1). 'file following factors shall be used to determine if the use may be changed: I. 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 ofvehicular trips to fhe site. 4. The comparative amount and nature ofoutside storage, loading, and parking. 5. The comparative visual appearance. 6. 'fhe comparative howl of operation. 7. The comparative effect on existing vegetation. S. 'flit comparative effect on water drainage. MARCH 19,2002 118 - 9. Other factorS whicll feud to reduce conflicts of incompatibility with file character or needs of the area. C. improvements and Restoration of Nonconformilles. A nonconforming structure shall not be enlarged or altered in any way which increases its oonconf*ormity except under the following conditions: I. Alteration is fir the express purpose of converting the slruclure to a conforming use. 2. Alteration will ensure compliance with the health and safely 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 nonconlornling use, may be altered in ways which will enhance the livability ol'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 file building. 4. Repairs and non-structural alterations may be made to a noncon('orining building in conformance with Section 35-64.1). 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 tine provisions of Section 35-59 on a lot with a nonconforming building. 7. Nothing contained in exceptions I through 6 above Shall be construed to permit an enlargement of a nonconlornling building. D. Discontinuance of Nonconformity. 1. illegal Use. Any use or situation that was not established or constr;reted in conformance with this Ordinance or a previous Zoning Ordinance is sill illegal use and shall be brought into conformance with this Ordinance, subject to determination of lUgal norlconlIDI'Ming status rcviUw in accordance with Section 35-63. 2. 1)iscontinaalice of Use. Any nonconforming use or Situation, the use of which has been discontinued fora period of 270 consecutive calendar days,shall Ile presumed to be abandoned and shall not therealter be re-established except in full compliance with this Ordinance. Evidence of ahandonnlent of the nonconlormm�g use is not required. 3. Discontinuance Due to Accidental Destruction. No building which has been accidentally damaged by fire or other causes,to the exlent ol'nlore than 75 percent of a non-residential building in a residential district and 75 percent ol'a noncorilorminb residential building in a residential district immediately prior to damage,of its lair market value,based on an appraisal perf'ornled by a certified real property appraiser,shall be restored except in conlilrmity with the regulations ol'this Section, and all rights as a nonconforming use are terminated. 4. Discontinuance Due to intentional Destruction. A building or Stl•ucture 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. MARCH 19,2002 119 Citl+ o 'A 'itrsnn Zoning Ordinance 1.. Nonconforming; Lots, I. When a non-conlorming lot can be used in conliorlllity with all applicable regilimions except mininnnn lot sizes or(I iruelisions, tilt lot may he used is Wit conlormed to district regulations. 2. The Board of'Ad,jusiment may authorize the development ol'a non-conforming lot that cannot be developed ill Coll forma lice %vllh required setbacks upon finding that: a. The property cannot reasonably be developed for authorized uses without a variance. h. Variances are necessitated by the size, shape or configuration of'tile non-conrornling lot. C. The property can be developed as propoSCd without any significantly adverse impacts on the ad.jaccnl properties or upon the public health or salcty. d. The proposed variances are the least required Wallow reasonable use of the property. 35-66, EXPANSION UR Ii.N1,ARGENIEINT OF NONCONFOMMING SITUATIONS. A. Nonconforming; Residential Use A nonconforming residential use existing on May 6, 2002 is eligible fora one-time expansion after the effective dale 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 (laic. 11, Noneonforn►ing Business Use. A nonconforming business,commercial or industrial use may be expanded as lilllows: 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 F,xponsion. Structural expansion steal l not exceed 20 percent of tllc gross floor area of the Structure or building in existence on May 6, 2002, provided that the business must provide adequate parking liar the existing and expanded husincss area. 3. Expansion of Nonconforming Use in Structure or Building;. Where a nonconforming use occupies a portion of an existing structure or building, eximnsion shall be limited to 20 percent of the square loolage occupied by the use on May 6, 2002, provided that the business must provide adequate parking liar the existing and expanded business area. No such use shall be extended to land outside of the building or structure. C. Nonconforming; Telecom milnications 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 telecamimmllication antcmlas orother localities in conformance with the provisions ol'Section 35-41.13.26 and Section 35-73.1) 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 tilt existing miss, detailing the type and amount of the proposed expansion. E. Notification ofExpansion and Protest. Upon receipt ol'the application,mailed notification orthe proposed expansion shall be provided to all owners ol'property within 185 feet(excluding streets and public rights-ol way)of'tile noticolililrnlily. I('protests arc received from 30 percent or more of the property oamers within the 185 feet limit within 20 days of the mailing, the requested expansion shall require processing in accordance with special exception Ilse procedures. MARCH 19,2002 120 -- City nf.kffiwvon Zoning Ordi►►ance 35-67. NONCONFORMING OI+F-5'1'!ti?,E'I' PARkINC:1.0'1'. An off-street parking lot which contains more thin 20 spaces and which lawflully existed prior to November 21, 1972, but which,flocs not conform to the minimum oIT street parking reduit'en,cnts,paving or landscape planting requirements of this Article is nonconforming. The structures served by the lot shall not be c»larged nor structurally altered nor shall any new structure be located on the premises until: (1)the minimum number of off-sweet parking spaces is provided; or(2)the off-street parking lot is paved ill conformance with Section 35-58; or(3)the nonconforming lot conforms to the landscape requirements in Section 35-59, as applicable. If the properly owner can prove that the minimum number of required off-street parking spaces cannot be provided clue to lack of suff iciest land or that the minimum landscape requiretews would cause an unusual economic hardship,the requirements Wray be varied by the Hoard of Adjustment. A variance,it'gramcd,shall be limited to the minimum variance necessary to resolve,in whole or in part. the particular problem of the applicant. 35-68. EXEMPTIONS. All stnrctures 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. 35-69. RESERVED. MARCH 19,2002 121 ARTICLE,VII. ADMINISTRATION AND PROCEDURES. 35-70. APPLICATION, PERMIT ITOCESSING, HEARING PROCEDURES. A. Review and Approval. The politics and regulations in this Ordinance apply to the use and development of land. Any person proposing a land use (it-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 aboul the procedures applir-ations anti the agencies and public bodies involved in the process are Vurther discussed in this Article. Exhibit 35-70A: Development Review Procedures Summary Key to Ahbreflntlons Used Pfi% Platttting and'Zoning Commission [30A Board ol'AdJustment CC:' City Council 1) Decision Making Body A Appeal Body R Rmommending Body ✓ Rc(juircd 0 Option'Recommended - No/Not Applicable All Publish Only on Appeal A/M Mail Only on Appeal PA Post Agenda Application } See , Pre a Acting Body Notices Pp _ .. ._. . _ .. _. Process Section Conf. I Number Staff P&Z CC BOA Pub Mail ( Sign. A ends __ . . _ C_ _ f _ . 1._� g STAFF APPROVAI.-DEVELOPMENT PERMITS Planning Clearance 35-72A O I) - A - - - Building Permit 35-11213 0 1) - A ? - i r Certificate of Occupancy 35-72C O D A Fence 35-721) 0 1) - A A/[) A/M - A!P Home Occupation 35-72F ✓ 1) - A A/P A/M - i AT Temporary Use 35-72F ✓ 1) A - - Tcicconnrtunications 35-72(; ✓ 1) - Facilities Change of Use 35-7211 ✓ D - A ✓ ✓ AT Amt INISTRATIVIi APPROVAL-DI:�'I':LOI'JIIiN'I'Pt:R\tl'1'S Conditional Use Permit 35-73A ✓ It - 1) ✓ ✓ ✓ PA Variance - 130A 35-7313 ✓ R - D ✓ ✓ ✓ PA Appeals of'Adroin- 35-73C D ✓ ✓ - PA istrative Decisions Special Exception Use 35-731) ✓ R R 1) ✓ ✓ ✓ PA Vested Rights .35-77 ✓ IZ R la - ✓ - Change o f t;se of 35-6513 ✓ R R I) - ✓ ✓ I'A Noncontimnity 35-7211 35-731) MARCH 19,2002 122 Cit (! ',! Ler.von Zoning Ordinance ' See , Acting Body Notices. Application Section 1 reapp l._.. Process; Conf, Number. Staff P&I, CC BOA Pub Mnl! 5igrr Agenda , _..:_ .. _.. _ _ . ( _ � _ � . . ..i . _._ .._ ._ _..l., ._.__...� �_...... _.�_-...�__.._ LEC1SLA'T1vF'APPROVAL-DEVb1.011MENT PF.It\Ir S Comprehensive Plan Amendments Text Amendments 35-74A ✓ R It D - ✓ ! E - r PA Map Amendments 35-74A ✓ It It 1) - ✓ ✓ 1. ✓ I'A Zoning Ordinance Amendments Zoning Map 35-7413 - it It 1) - ✓ ✓ ✓ PA Amendments Ordinance Text 35-7413 It It 1) - ✓ - PA Amendments Planned Developments Concept Plan 35-74C ✓ R - - - - - i Preliminary Pltul 35-74(.' ✓ It It 1) - ✓ ✓ ✓ PA Final Plan 35-74C ✓ It R 1) - ✓ ✓ i PA Plan Amendments 35-74C Major It R R I) ✓ ✓ ✓ PA Minor Annexation 35-76 - R R. D - ✓ ✓ - PA B. Common Elements of Procedures. The specific procedures followed in reviewing the various proposals differ. Reference Should be made to the ill)p1'Ol)1'lille scctiolI 111 this Ordinance which deals with the procedures and requirements ofap articularapplication. Gener ally,the procedures f'orallapplications have three common elements: (l) submittal of a complete application, including required Ice 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 IM-OMIureS unless otherwise modified by more spcei f is provision~. The time frames specified for action Oil the part of the City are maximums. Exhibit 35-7013 generally shows the approval review process. • MARCH 19,2002 123 C'j!�o/'Jc�J,rson Loon iota. Ordinurrrce C. , i're-Application Conference. Exhibit 35-7013 I. when Required. The applicant shall meel with the Director to Administrative Approval discuss the nature of the proposed development, application iteview Process submittal requirements, the procedure tin• tu;tion and the sttuulards liar cvulualiun ofthc application, Exhibit 35-70 shows whets a pre-applicaticnr conference is required or optional/ 1•ecommcnded. Arlo icatl icutl tion .,. 2. Submittal Requirements Defined. Submittal requirements are Submittal typical. The type,scope,its location ol'anyspecific development application may require dil Brent types or levels ol'faformation. At the pre-application conlerencc, the Director shall determine What inlbrmalion shall he submitted to provide for an adequate Statlf, � ency assessment of the project, At any time during the processing of Review �Wvlew any application. additional inf'ormation nmy be required to --- -- — respono to issues or concerns that may not have been evident at the pre-application conference, Requirements and information front the pre-application conference shall be recorded on a form Decision supplied by the Community Development Department and made Pat-( ofthe development file upon submittal ol'an application. D. Application Requirements. 1. Materials. Current application materials, including forots, checklists and schcdulcs lin'subutittal may be obtainCd during normal bnriness hours from tite Office of the Director. 2. Application 'rime Frames for Board of Adjustment or I'fiuuting attd Zoning Contrnission. Applications to be referred to the Board of Adjustment or Planning and Zoning Commission shall he filed at least 20 working clays prior to the scheduled meeting date. 3, dumber of Copies. Four copies of each application, site plan and supporting dOCtrntentatiOn shall be submitted lor•initial staff review. Additional copies shall be required for clistribution 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. a. Arty action on an application for•a development pursuant to this Article shall be subject to the required fec in the anwunt as established by the Comcil. The filing flee is the approximate Cost to cover'processing costs. including mailed notices, posting of signs and public hearings, if required. b. All Ices shall accompany the application,shall be made payable to the"City ol'Jefl'erson" and shall he submitted to the Director. Under no condition shall the fee orally part Ihereol' be refiuuled for failure of raid application to be approved or adopted by the Council, Commission, Board or Director. 5. Review of,Coin pleteness of'Applielldoll. Within ten days oI'subntission,the Director shall review the application and determine il'the application is complete pursuant to the provisions oi'this Article. If the application is incomplete or is submitted prelim tta•cly,the Director shall return it to the appiicant to be completed and resubmitted in conformance with the standards of,this Ordinance. MAIWI1 19,2002 I2 3 4"ihr oJ',/ejfet;vn�t Zoning Ordinatice 6. Uireelur's Report and Recommendation. When (lie Director is required to refer a development application to a decision-making body, the Director shall prepare I reliort with his recommendation For aclion and provide it to the applicant Ind the decision-making body at the hearing on the application,The report shall include the recommendations of('ity departments and other reviewing agencies. E. Stuff'Review Procedures. 1. Staff Review. All applications shall he reviewed by the Director or staff for compliance with City codes;aid policies. Upon completion ol'slall'review,staff comments shall be provided in writing to(lie applicant. 2. Review by Other City Departments and Outside Agencies. The Director or stall may forward copies of the applications to various,►fleeted City departments and outside agencies For their review of the material submitted. 3. Agency and Department Couunents. The Director 814111 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 Ibis 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 he made available to the applicant for response. 4. Applicant's Response. 'flue applicant shall have ten clays to respond to staffand agency comments. F* Director's Decision, 1. Action. A tier the applicant has had the opportunity to respond to the comments of'stafl'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 clocunrerUs, 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 ol'Ihe conditions with the record of the decision. The applicant shall be notified of any conditions irnposal on the application. C. Public Hearings and Notice. I. Purpose. Public hearings and notice thereof provide clue opportunity far input in decisions that may affect the conr►run►ity. 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 coulormance with Chapter 89 and 610, RSMo. a, lixcept as otherwise specifically provided in this Section, in any instance in which a public hearing is required,a notice shall be publisl►ed ut least once. The notice ol'each hearing to be held by decision-making bodies may he included in a single notice. The notice shall be provided in col larn►alice with I?xhibit 35-70, The Director shall be responsible for publication ol'thc notice. b. Notice lime shall be computed in accordance with Section 1,040, RSMo. and Section 12.9 of,the Charter of the City ol'.leflcrson. MARCH 19,2002 125 City cl'Jcff n-so» Anion Y Ordinance C. With all other required application materials, the applicant shall provide tilt, infiormation I•rduired for the notice to the Director who~hall be responsible tilt•preparing the notice Im publicalion. d. The notice ol,public hearing~hall contanl the follo•,ving information at a minimum: (I) the lime,date and place of*tile hearing; and (2) the location of'tile property including a legal description; and (3) the boundaries of'the area proposed li,r amendment or development;and (4) a statement that interested parties shall he given a chance to he heard, C. The notice of the public hearing shall he published at least once I S days before the date of the public hearing, in one or more newspapers ol'ge:ncra)circulation in the City, 3. Nhiled Notice of Public Ifearing. a. Mailed notice of a public hearing shall he sent by the Director by regular first Class U.S. mail. The noriiec shall be mailed to each affected property owner at the mailing address listed in the official records ol'the Assessor's 011-tee in the County in which the properly 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 b(lundal•iCS of the subject property drawn parallel to the boundaries excluding intervening streets, and Other public rights-ol=way. C. The content ofthe mailed notice shall be in Conformance with Section 35-711:.3. The mailed notice must also include a statement explaining ilia!This is a courtesy notice and not required by law. d. The li►ilure of a properly owner to receive notice by ►nail 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, Nvilh iiiininium dimensions ol'24" x 24" giving notice of,the date,time and place ofthe hearing and of the action requested. I'hc Director shall post at least one sign on file subject property at least ten calendar days bill not more, than 15 calendar dais prior to the hearing in conspicuous places visible from every street along the fremlage of'the subject property. The sign(s)shall remain posted on the properly 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 N,dy. 5. Agenda Notice. Notice of all public hearings shall he posted at City I fall at least 24 hours prior to any public hearing. G. Notification ol'Ahpeal. Whenever an appeal is taken FIVIII a final decision front development permit which was obtained following a public heal ing, notice of the appeal shall be prepared and made in the manner prescribed by Ill►s Section or Other applicable Section. • 7. Notification of Revocation. 11,the 1111111 decision making body makes the determination to revoke a variance, elnldiliomll use permit, special eXceptiixt permit or other development permit granted MARCH eel,2002 120 t�l/►' ll ��[' CP.1'lill Zoning l)l'dinan!'t' under this Ordinance, notice ol'Ihe revocation shall be prepared and Horde in the nrnllwr prescribed by Section 35-70. 11. Administrative Review Public Ilearing Procedures. I. Purpose. The purpose of an administrative, review public hearing; is to allow tits applicant and all other interested parties a reasonable and fair opportunity to lie heard,to present evidence relevant to the application, and to cross-examine witnesses and rebut evidence presented by others. Public hearings arc required for adnninistrative hcarings such as conditional use permits,special exception use permits, appeals, and variances to provide procedural due process. 2. Conduct of Public Ifearing. Public hearings shall be conducted in conformance with Chapter 89 and §~536.070, 536.080, 536.083, and 536.O95, RSMo. in. Any person or persons may appeal- lit a public hearing and submit evidcncc, cithct• individually of-as;.r representative ofan organization. Fach person who appears at a public hearing shall state, liar the record,his or her name,address,and if appearing on behalf ofan organization, the name and mailing address of'tile orttanization. b. The order of proceed ilip's shall be as Collows: (1) The Director or appropriate staff member shall present a description of the proposed development and written ororaI findings,if'required. The findings shall address each Cactor required by this Ordinance to he considered prior to action or approval oil till`development permit. (2) The applicant nwy presenl any inl'ornmtion that the applicant deems appropriate; (3) Public testinumy shall he Ilcarcl first in f Ivor of'thc proposal,then in opposition to il: (4) The Director or other stall mcnlb,r may respond to any statement made by the applicant or any public conlnlcnt: (5) The applicant may respond to oily testimony or evidence presented by the staff or public;and (6) The body cotuluctinu the hearing shall close the public portion ol,the hearing and conduct dclihcralions 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 §536.007, RSlvlo.,provided, however,that(I)notice by mail shall not be required,as notice by publication is permitted by this Ordinance and bystatute,and(2)responsive pleadings shall not he required, as would otherwise hr provided by §536.068. Discovery shall be permitted as required by§x§536.073 and 536,077, RSMo. Any proceeding may be disposed of'by inlonlial disposition pursuant to ~536.060, RSMo. Decisions shall be rendered and tratlsntitted pursuant to §536.090. RSMo. 4. 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 and 536.070(4).RSMo. Such record shall MAttt 11 19,2002 127 -- he provided al the rrquc si 01'Ally person ulxm application t0 the C. Clcik and payment r,11• a 1ec set by the Council to cover the cost of'duplication ol'the transcribed record. la. Testimony and statements of opinions, the nliuutes ol'the secretary, applications, cxliibits submitted, Al stat•I'and advisory holy or Commission reports and recommendations, and the decision uild report(s)of the body bellore which the hearing is heard,shall constitute the record. C. 'fhc record shall be open lin•inspcclion al reasonable tittles rend upon reasonable notice, d. The body conducting tile. hearing"hull appoint.by rule, a custodian of'records. S. Continuance of Proceedings. R. Any applicant or authorized argent ol'an applicant shrill have the right to one continuance before the Planning and %oning Commission, Board of Ad.iustment or Council, provided that a written request is Iled. b. The hearing body may grant n Conlinuancc of any time for good cause shown. All motions to grunt a continuance shall stale the date on which the matter is to he heard. A nlaJority vote of*those ntend,ers in allelldancc shrill he tequircd to grant a crnitinuance. (I 1 The record shall indicrltc the reason such continuance was Illade and any stipulations 01-conditions p{accd 1111011 the continuance. (2) ll'the Commission.Board ofAd,iustnlcnt or Council,continues a public hcar•inbon its owil motion. it may direct the Director to rcnotify property owners, if such notice was required in the first instance. (3) 11'tile continuance of a public hearing is made at the request of an applicant, the hearing body may direct the Director to rcnotily property owners, if such notice; was required in the firsl instance. (4) Rellotification shrill be made by regular first class United States Illall. h. Rehearing Procedures. The following procedures apply to rehearing the sank request and a rehearing 011 successive or sirnihil'al,pliC-1 ions. a. Any uiterested party may.ay,in writitlg and wilhin ten( 1 U)days oldie Board's decision,t•equest Ihat the Board rccon:;ider any dCCISIUn which adversely aflccts such party. The request tea• rehearing shall he filed in the ol,lice of*the Director. h. The written statement shall.tics forth the alleged error or omission;any new,pertinent fact; or the material change in fact orcircumstance upon which the request for rehearing,i"bused. The same procedure shall he used for a nc,v hearing ofa previous application f„r the same property, or portion thereol•, or 1•61. the same or substantially the sank purpose, however, such a request shall be cc,nsidcrcd,I new request. C. The Board shall consider and vote on the icqucst for the rehearing, or to hear a previous application,and ifapproved,shall hear the request at lire sank Meeting unless continued for good cause. \Vhcn dcternlining whether t0 rchc;u 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 rchcar the request I•ur rehearing,or hear the previous application only il'it determines: tvlAttc•n 11),2002 !.� 128 Ci!►, gj'.Idji�r on Zoning Ordinance — (1) Certain pertinent evidence was not presented; or (2) Ali en-or which warratlts correction wits made ill the original hearing;(1t' (3) There is new, pertinent evidence; or (4) There has been it material change in flict or circumstance. d. Requests for rehearing shall be subject to the application filing lee. A new hearing ol'a previous application shall requite the payment ol'a new filing fee. I. Legislative Review Public Ilcarhig Procedures(Cify Counclf). I. Purpose. The purpose ol'a lq'islative revie"k, public hearing is to provide an opportunity for the public to have inpul into (he process, 2. Notice of Proceedings. Proceedings shall be instituted pursuant to Section 35-70 ol'this Ordinance. 3. Conduct of the I searing. a. I'tlhlic hearings shall he con(iueted to icvicw the application and evidence presented. Ifone public hearing has hcen conducted at which testimony and evidence were presented,it shall not be necessary for the decision-making body to ct ndLICt another review of all (Ile material and testimony I'ornlerly reviewed. b. Parties to the application may provide additional evidence for review that was not formerly submitted urconsiderc(I and Holy present closing argunlculs to summarize their request. The decision-making body may establish it time limit for testimony. The interested parties shall not have the right to cross examination. a. Record of proceedings. It. Tile body conducting the hearing shall record the proceedings by any appropriate means as pt•escribed by rule and consistent with §610.020, RSMo, Such record shall be provided at the request ofany person upon application to the City Clerk and payment ofa fee set by the C'0111161 to cover the cost of duplicalion of the transcribed record. h. Testimony and statements of opinions, the minutes of the hearing, applications, exhibits submitted,all stalTand advisoryhodyorC'ommission reports and recommendations,am(I the decision and report(s) of*tile body before which the hearing is heard, shall constitute the r'ecor'd. C. The record~111111 be open fogy'inspedion at reasonable tinges and upon reasonable notice, The record of the hearing shall he male available to any interested person in conf'rrnrimce with §§610.023 and 610,026, RSMo. c1. '['lie agency conducting the hearing shall appoint, by rule, it custodian of records, in conformance with §610,01-3, RWo, 5. Continuance of Proceedings. proceedings nay be continued in accordance with Section 35-70 of this Ordinance. MARCH 19,2002 — 129 Lnh!& I'dinance I Appeals ol'a Director's decision shall be licald by the Boll-d of'Ad,justment. Appeals ~hall be tiled within tell(10)days ohlofilicatioll(Wille Director's decision ill;Iccorda lice with file rules prescribed by flic Board ol'Adjustment Notice shall be given and a public licaring,shall he held to consider file appeal in coill'ormillice With Section 35-70 ol'this Ordimmcv, 2. Appeals ol'a Hoard of Ad.itisillicill decision shall he appealed to the Circuit Court within the filne period prescribed by §89.110, RSNlo. 3. Appeals of decision 111,111C 11111tIllitIg attd ZOil i IIL,COI litillssioll shall be'tpile'lled to the City Council wilhill the time period prescribed. Notice ol'the public liciii-ing shall be given in Coll 1,61.1 na lice with Seclion 35-70 of this Ordinance. K. Withdrawal of Application. AI any time prior lo the hearing oil an application,loll,(lie properly owner, property o\%,Ilel,*s attorney, or representative of fill.: property owner who has it notarized affidavit from the property owner authorizing the representative to make the I'C(lticst, may request in writing, that the application be withelrawn 1'1'0111 COIlSidffilt loll. AlIcra hearing is opened all applicant m 1 request withdrawal, however, the body conducting a hearing shall decide wholicror not to approve tile request and may approve file request with oi'without prejudice. L. Deferral of'Application. A property owner, property owner's allorlicy, or representative ol'thc property owner who has it notarized '11,11davit front the properly owner authorizing the representative to make the request,may request 111)to olle deferral ohictioll ollan,vapplication, Anapplicationsubnultedwithinsuflieient ilil'onliatioll 01'one ill which the response to comments Il-olli the DC11111-1111CIll or oiller agencies is illadquale stay be deferred From further review and consideration by the Director. In the event of'such it del'erral, the Director shall provide a notice and explanation to lhc applicant. NI. Action oil Applications Relluil-iog NOOM The decision-maker may lake any y action on all application that is consistent with file 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 LICIISity or intensity of the original application, reduce tile impact ol'the development,or reduce [lie alliollill of land involved Il-oill that indicated in file notices of,Oil: hearing. N. Expiration ol'Devclopmem Approval. I Tillie ol• EApinklion. Unless otherwise specifically provided for in the Oldillimcc, development applications shall illitollialic;Illy expirc,and all activities l)tIl*SLliM1 to SUCII;ll)lV0Vll diel'CillIC►•S111111 be deemed in violation of'tile Ot-dillillicc,when: a. the applicant fails to salisl'yally condition Illat\%',Is unposed as part of the original or revised approval of the development application, or dust was Ill'Ide pursuant to the terms ol'ally development improvement,Igl'CCII)Cllt application,illClIldilIg tile I'I'lilLll'C Iclabide by specified little limils esiablished thereat; or t). the applicant fails to present a subsequent development application as required by this Ordinalicc within the time required, ll* no little hillit for satisfiactioll oI• conditions is specified in the original or revised approval ol'Ilic development application, the tints shall be I)I-CS11111Cd 10 be 011C YCIll' 1'1'0111 the LhIIC OkIlIlWoVill. 2. Extension Procedures. Unless otherwise prohibited by file Ordinance,the Director may extend the time For expiration of"I development permit or approval for it period[lot to exceed two years 11.0111 the dale of'tile original decision granting approval, unless stated oilici-wisc, Subsequent extensions may MARCH M,2002 130 Ci(V gJ'A: ersoll Zoning 01-dinunce be n1Ade by t11e IIml1(ice ision sulking body upon linding that conditions at Ills time ofapprovaI have not changed. 0. Post-Decision Proceedings. I. Appends of Action by Final Decision-Maker. Any appeal of it final action by the Director, Council, Commission or Board of Adjustment shall be filed within 15 days of(lie action being appealed, unless olhcrwisc provided by law. 2. ~lay of Action. An appeal stays all proceedings in f•ur•therance of the action appealed unless (he Ditector or other(Nicer Irlllll whom the apical wits taken certifies to the Board ofAdiustslent,aftor notice ol'appeal shall have bl'erl lilcd,111:11 by reason ol'the I'acts stated in the certif icate,it stay woilld, in the Dil'CCIOCS opinion,cause immediate peril to life or property. 3. Minor Amendment~ and Revisions. The Director may approve minor amendments and revisions to the terms o1'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 arc 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 higherdensities,additional units or Iloorarca,aba11 doll nlcnts ofcasenlents ol•vlll'iIIICe Irlllll the Illllllllllllll S1,111di'll-dS of this t)I•dlmlrlce. lvlalor amendments and revisions of*a development proposal shall lie reviewed by the approvingg, body alicr 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. I, Permits May lie Revoked. The final decision slaking body may revoke any development permit, including variance, conditional use permit, special exception permit, or other development permit granted under this Oldinculce Cor (I) failure of•the owner or applicant of the property to comply with any ol'the conditions imposed when the variance or permit was grunted;or(2)discontinuance ot'the use by the applicant I01-a continuous period of sine months. 2. Duties of Director. 11' the Director determines that there are grounds I61. revocation of a development permit or approval,after it reasonable attempt to secure compliance, the Director shall prcpal'c it report oullining the allegations as well as the MIC111131(s) tin secur'c compliance and set a hearing date belore the final decision-maker. a. 11'the decision was nrlde by (he Director, the hearing shall be conducted by the Board of Adjustment. h. 11'the C'ouncil was the original decision-maker, the Council shall conduct the revocation hearing, however it play Icf�.r the proposed revocation to the Planning and Zoning Commission Cor a recommendation prior to the hearing. C. I1'tile Board ol-Adjustr1iew was the original decision-maker the revocation hearing shall be conducted by the Board ol'AdjusUMIlt. 3. Notice and Public Hearing;. a. ll•so hearing was held prior to obtaining(he development permit notice ofrevocation shall be given only to (hc holder of the permit. MARCI1 19,2002 ___ 131 C'it1+ �� lc' 'i>rcrut Zoning Ordinance b. Notice c,l' the revocation hearing shall be given ill (lie sunk manner as required Im (lie original applicalioul. II'rl public hearing was conducted to oblain the permit,a revocation shall be processed in the saute planner as the development permit was obtained, A revocation hearing may be scheduled for ally regular or special meeting. C, The applicant shall he notified by certilicti mail and receive a copy of the.Director's report with file allegations. The owners of*rccord within the notification area shall be notified by regular mail postmarked not Icss than tell day, prior to the revocation hearing. 4. Decision and Notice. After the conclusion ol'1he hearing;,Ills occis ion-maker shall rendera decision to (I) revoke the permit, (2) allow the applicant to rclaill the devedopnlcrll pernlit, with or without corrective action: or (3) continue file hearing to a future specified date in order to obtain more inlorn►ation or to monitor corrective action. The decision shall be made in writing to the holder of the perrllit and ally other person who has tiled a wriUel request lilr such notice. 5. EATect and Appeals. i►l l l'the applicant tails to lake action to correct the alleged violations,the decision making body play direct the Direeto 1.to revoke the pamil,compel the structures or uses to be removed at the cost ol'fhe violator and S4erU'C a iudgtnollt against the applicant Cor such cost. b. A decision to revoke a development permit shall become final 15 days alter file date the decision isrcnClered,mdessappealed. Alki-sucheflcclive date ofrevocation,anyactivities continuing pursuant to such permit shall be deemed to he in violation of the Ordinance. G. light Ctunulative. The City's right to revoke a development pernlil, as provided in this Section, shall be cumulative to,illy other remedy allowed by law. Q. Applications Filed In the Public Interest,Applications maybe initiated by the Council,Planning and Znnillg Commission, Board ol'Adjustnlcni. City Agencies or City Slal'f subject to the Iollowing: I. Applications initiated by the Council, or it City Board or Commission shall be accompanied by a resolution ol'thc hotly pertaining to such opplicalion. 2. Applications initialed by City SMIT shall he accompanied by it narrative pertaining to such application. 3. No fee shall lie assessed for applications Ided in the public illterest. 1. Applications shall not be subject to the appiication dcndlinc. except 111,11 the proccdures established 1'61.notice and hearing requirements shall he 161lowed, if required by Exhibit 35-70.A. R. Amendments. A permit shall be amended in the sank uuuulcr as it was originally approved. 35-71. SITE IIIAN REWIEW. 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 ill conformance with tIle Standards of this Ordinance and the Comprehensive Plan. • o le s I be 'ss ►ed Col.a development until a site plan has been approved proved in B. Applicability. N buddulb I troll h�tl l r 1 ► , 1 1 1 accordance with this Section. A site plan shall be required for all land uses except those specifically MARCH 19,2002 132 City q-.4j%wson leonine Ordinance exempted below, including new construction, exterior additions or changes in use to any main building, accessory building, structure, land,or parking lot. I. Relationship to Conditional Use or Special Exception Use.When a Conditional or Special Exception Usc application is reviewed,or when the Final Plan Cor a Planned Development is reviewed, the site plan review may be conducted concurrently with those reviews. 2. Change of use to it permitted use that dues not result in an increased parking demand or increased tral'lie demand, 3. For non-residential properties,those remodeling projects which do not change the use or occupancy load of the building, 4. Fences and wall", if not part ol'an overall development plan,shall submit plaits in accordance with Sections 35-59 and 35-72.1). 5. For residential properties, internal remodeling pro ects which do not change the occupancy of the building or the number of units. C. Application and Review Procedures. 1. A property owner or designated representative shall initiate site plan review initiation byliling an application with the Director and paying the filing Ice, alter the completion ol'a pre-.application conference, il'one is required. 2. Where a site plan is submitted fbr an individual phase of a development on a single parcel, the ® applicant shall also prepare a conceptual site plan liar the remainder of the parcel. The conceptual site Plan shall indicate the approximate location ol'development on the remainder of the parcel,together with proposed driveways,street"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 liacil irate the review and approval of the plan. I f prepared on more than one sheet,mateh lines shall indicate where the several sheets join, 4. Site plans shall include the inliornmlion listed in Exhibit 35-71A or Fxhibit 35-7113,as appropriate. The Director may establish additional requirements Cor preliminary site plans,and in special cases, may waive a pnrticular requirement it',in his opinion,the inclusion ol'that requirement is not essential to a proper decision on the project. • MARCH 19,2002 133 Cite'of'Jcfferson Aping On inancir' _ . 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,11ddrrssus and phone numbers of record hnulowncrs,consuhanls(Cnginccr,arChitce4 dcsig act);(nd contracu,r, h. Date,north arrow and drawn In file scale m1ful on the plan. c.Property street address(Wknown);property description to include subdivision mane, section and lot number;or if outside a platted subdivision,metes and hounds description with parcel ditnensums or Assessor's Parcel Idewilic•ation Number d. I leight of Imadation,building height from top of lomidation, number of floors,proposed square limtage; I-mished floor elevations ol'proposcd buildings;and elevation III'lowest opcninf,rclalivc to file standard"0"elevation reference point. ** c, Proposal size and localion of 1111 buildings and extensions, ineluding porticos,porches,decks ail patios,showing actwtl setbacks From parcel lines,and numherofdwelling units. I'. Location and dimensions ol'existing and proposed driveways and parking spaces. g, Arrows showing antieipalcd direction ol'storm water run-off h. Estimated sanitary sewer full from the proposed building Io file sewer stain. i.Other inl'ormation perlinew 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 h. Map ol'suhicct lot Born tilt showing parcel lines,and lot dimensions c. Street address assignment ® d. Required setbacks from parcel lines e. Location ol'existing or pfatmed rights-of'-way, casements,known utilities,City trails or greelm ays. f'. LOC:llinn of featUPCS within 10 Icet of the site if it affects the site plan,including rights-ol wav,casements,trails or grecnways, locution of'existing or planned buildings struoures,driveways:end parking arras g.Sanitary sewers: Location,sizes, invert cimitions,depths and types of existing and plumed. h. Stormwatcr. Locution,sizes,invert elevaions,depths and types ol,existing and planned, i. Flooclplain and flOOdWilys from Flood Insurance Rate Map(FIRNI)or other source;FIRM date and panel number. J. Applicability ol'Conservalion District, I listoric District,Conditional Use Permit, Special Exception Permit or reports of other applicahle City advisory body, k. Other information pertinent to file project. 3. If applicable,the following areas may require additional information and cooperation between the Applicant an(f the Director a. Stormwatcr draimtge in N-mation sufficient to meet the requirements of Chapter 31. b. Floodplain development information sul'frcient to mere the requirements of Chapter S. C. Landscaping amt bu1'feryard plans +*Standard'•0"I?levalion Reference Point- Located on the lowest driveway,at the top(,I*curl),on the side closest to(lie huilding 0 MARC'll It),2002 ___ 134 Cifl> n, 'A:t >rso Zoning Ordinance ldi _ - h.xhibit 35-7111: Site flan Contents: Residential Buildings with Four or N1orc Units, Non-Residential Uses,Conditional flues and Special Exception Uses Content of Site Plait: il4111tiple Family, Non-Residential,Conditional Use,Special Exception 1. The proposed title of the project,street address,and owner(s)ol'the land, name of the engineer,architect, landscape architect, designer, and developer, as applicable. 2. Date, north arrow, and scale of nol Icss that I" ?0' if the tract is smaller than three acres and I" 100' if the site is larger thaii three acres. 3. A vicinity map indicating the location of•the project it a scale of not less Ihan 1" 2,000' 4. Existing zoning,zoning district boundaries and proposed chatlges, if any. 5. Property information including (a) written description of'subdivision name, section and lot nunlher, or rrlelcs and bounds description of all property lines; (b) total land area of fhc site. 6, The property lines or boundaries of'tile project, including hearings and cfilllelsions. 7. Location of existing casenlcnls; locution ol'exisling and proposed sanitary sewers and storm sewers, including sizes, invert elevations, clepths and types; locution of culverts; location of existing and proposed mains and service lines of utilities,including water,gas and electric; and ally other underground or overhead features; location ofmajor tree masses and major excavations oil the subject site. R. Uses of•adjoining properties and names ol'owncrs; location ofexisting casenlelts,trails or greenways, property lines, existing streets,driveways. parking lots, buildings, walerw'ays, IllaJor excavations, major tree masses and other Ie Lures on adjoining property and within 100 feet of'tile subject site. ® 9. Traffic circulatirnl systole, including the location, dimensions ❑ id character of construction of all streets, alleys, driveways,curb cuts,entrances and exits to parking arena and parking structures,numhcr of parking spaces,and loading areas,pedestrian walkways and sidewalks; pavement classiffcafion type and thickness. 10. Recreation.parks,playgrounds,grcenways, bails and open space areas. specifying the proposed improvement and uses of all such areas. including type of ownership alld 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 sclhacks, For large scale projects when the development is to be constructed in stages or units, the I'ollowiug shall he provided: (a) a 111-climinary plan, drawn to scale, but 11111 dimensioning is not required,(h)u sequence ofdevclopillcm scheeli le showing the order ofconstructioll ofsuch stages or units. and (c)approximate completion (lute lot'each slags or unit. 12. A lini.11 strllcnlent in tabular tilrnllchart which sets 1i01-th the f�,llow•ing data,when applicable to a given dcvefopnlcnt plan: (a)Total number ol'(Iwclling units, (b) Residential density and units per ure, (c)"Total floor area(in square feet) and floor area ratio, (d) 'Total area in open space, (c) 'Total area in developed recrrllional open space, and (I) "Total number ofol•f-street parking spaces, required and provided and total off-sh-cel loading spaces, required and provided. 13. Location, character,size, height,and orriellmlion ofemsling and proposed signs,or master sign plan, ifapplicahle. 14. Existing topography with maximum contour interval of'two lest, provided, however, that where existing ground is on a slope oi'iess than two percent, then either one flail Contours or spol elevations shall he provided. 15. location of Iloodplain and Iloodways,other areas Subject Io Ilooding, wale•ways. centerlines of drainage courses, and elevations thereof. • 16. Stornmater drainage information sufficient to meet the requirements olTImpter 31. 17. 1(eight,number of floors, proposed square Footage and finished floor elevaliims ol"proposed buildings;both above and below or partially below the finished grade,and MARCH 19,2002 135 L,:11, I) u1l' C!1'.y0/1 Ll111111 01-dinallve Content of Site Plant Multiple family,Non-Residential,Conditional Use,Special Exception IS. Location, type and height ol'all existing and proposed fence~ and Nvalls; plans and notes pertaining to landscaping and but't'eryards, it'required, including(a) Parking lot landscaping,Section 35.55.13,;(b) Screening,burreryard. Section 35-59; (c) Specific use standards, Section 35-41. 19. Outdoor lighting systems plan and detail, if'required. 20. A copy ol'private covenants and restrictions pertaining to use or construction of'buildiags and structures; 2l. A copy of'private, covenants and restrictions pertaining to the use, maintenance and operation orally open Space and recreation areas. 22. iteports or conditions or advisory body,board,Commission or Council pertinent to the review. 23. Hach plan sheet shall reserve a blank space duce inches wide an(I live inches high for the use ol'the approving authority. 1). Review Criteria. The application Shall demonstrate that the proposed development shall comply with the li�llotving: 1. Adopted plans and policies, such as: a. The Comprehensive flan and any applicable neighborhood plans; and b. The'I'horought'are flan,(ireenway System Plan and other applicable plans and policies of'the city. 2. Adopted standards and technical nuurualS, Such aS: Storm Drainage I)esigrr Manual; Driveway Construction Standards. 3. Applicable purposes and intents and all development standards or this Ordinance,Such as: a. The underlying zoning district; and b. '['he Site Design and Impr«vcment Standards of'this Ordinance. 4. Quality site design principles, such as: a. Structures and other Site Icatures shall be arranged to permit access by emergency vehicles to all buildingS. b. The proposed plan shall denionsuate 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. I:. Decision-maken iteler to Exhibit 35-70A and the specific application tJpe for information on the approval authority. Site plans Shall be approved, conditionally approved or denied. 1�.. Validity, Duration. It. Site plan approval is valid liar one year, and shall lapse one year from the date of'sitc plan approval, unless a building permit is issued and construction is commenced. An extension may be granted upon a showing or cause by the applicant but liar not more than six additional months. MARCH 19,2002 136 C'ith o/'Jc►,Lrccrrr Zoning 01-dirr(1110, h, Site plan approval Shall he valid as lorlg as tllc applicant retains a valid building hermit. C. Upon completion of'the project as approved, site plan approval shall run wills tile. land and shall continue to be valid upon a change of'ownership ol'the site or structure which was the subject ol'the application. 35-72. STAFF APPROVAL- 1)F,VELO1'i11E'NT PERMITS. A. 1►jtu11flog 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 oCC'ity ordinances. 2. Applicability. No land shall he occupied ar used, no building hcreal'tcr 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 huilding permit shall be issued to make a change unless the changes are in Collfornlity with the provisions of this Ordinance. A planning clearance shall not be required For normal property maintenance that does not;titer the structure. 3. Initiation. A request I'm I planning cletlrnnce may be initiated by the Applicant or the Director as fill lows; (I) At the applicant's option, a planning clearance may be rcquesled prior to submitting any otha•dcvCloptlncnt application,or nay be processed sinrttllancously with and within the sannc time frannlc as other applications if other applications have been submitted. (2) A planning Clearance I01' nnultiple lots in a single family residential subdivision may be issued simultaneously with the proCCSSing 01',l final subdivision plat, upon request by the applicant. 4. Review Criteria. Planning clearances shall be in such 1,61-m 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 Platt For that properly, b. "hhC uSC is ConSistent with the Thoroughfare Plan, Greenway System Plan and other plans adopted by the City; C. I lle Ilse or development is oil a legally created lot or parcel; d. 'FlIC Ilse is authoriZCLI in the zoning district; and C. The development complies with the standards and conditions of applicable ordinances. 5. Decision-maker. 'I'hc l)ircctor .hall applovC,conditionally ahprovC or deny ahhroval ofall planning cleartuices. G. Validity. Planning Clearances issued in accordanco, with the provisions ol'this Section shall expire with the expiration of'site plan approval, or the building permit application.as applicable; or within six nlcniths fronn the date of issuance if a business license has not been obtained. MARCH 111,2002 137 ill►'fl ,/C' ['rson % min ► Ordinance It. Building Permits. 1. Purpose. Ilse purpose of the building pe•n)it regulations is to ensure that all structures comply with the provisions of this()rdinance and the adnplCd building code and any other applicable adopted health and safety codes, and other adoplel regulations ol'the City,(,'aunty, state or Federal agencies. 2. Applicability. No person shall construct or nlodily;l 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. 3. Review Criteria. The proposed structure shall: It, I lave an approved planning clearance; h, lie constructed on a legally established parcel or lot; C. I lave'lCCCSS to essential services,as defined in :Article 1\, to serve the use; d. Indicate that all applicable local, state and Icddcral permits have been iS.;ueel or are in the process of being ohlaincd; C. Conlon n with the adopted building code, I irc rode,electrical code,mechanical code and any other'applicable Codes and policicS adopted by the City. County,Stitt and federal agencies; f. 13C constructed and used in a nmunacr that is Consistent with: (I) the land usCS and intensities established in the Comprehensive plan; (2) the provisiOnS of the ildop(Cd building CMIC; (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 Procedure. a, nn application for a building permit only he submitted by the owner or lessee, or agent of either,or the architect,CnginCCr or buiddde'elupl0ryed in connection with the proposed work. II'tile application is submitted) by a person other than the owner in tee, tilt permit shall be i1000mpanied by a duly signed and vCH111M affidavit frond the owner in fee authorizing the applicant to make the request Cor the permit. The permit application shall include a brief description of Ihr project to he accomplished. The permit application Shall Contain the lull names and addresses ofthc applicant and ul'the owner.and,il'the owner is a COII)orate body, of its responsible officcrS. h. The application 1,61-a building permit shall be accompanied by the building plans shoving the proposed work,drawn to scale, including such floor plans,sections,elevations and structure details, as the )i"cCtor may require. A site plan, in conformance with Section 35-11, shall acamnpany the building pel'nllt ilpphCi1l10n. The l)11'l'CIUI'lnlily\Villve this 1'CChlll'CmCnt fQl'illly internal remodeling proje-A That is projected to cost less than$25,000 and that does not result in an increased parking denauul Or increased tral'fic demand. MARCH 19,2002 138 C'i11,r, 'Jcff�,rco,a Ailing Ordinance C. A plot diagram,prepared in a form and sirs suitable far filing permanently with the p.-rink record, shall be submitted with the building permit application and fir all residential buildings. It shall he drawn to scale,with all dimensions figured,showitir accurately the sire and exact location elf all proposed new Construction or, in the case of demolition, of,file structures which are to be demolished, and of all existing buildings. G. Amendments and Adjustments. (a) Amendments to the building plans may be tiled al any time before the completion of lfic work t<n•which the permit will sought. Stich amendments,after approval,shall be tiled with and be deemed,1 part elf the original application. I I'Ihe amendnlenl changes lire building l()olprint or affects the site 111,111 design, an amended site plan shall Inc required except as provided ill this section. (b) Field adjustments. Field adjustments for one-,two-and three-unit residential buildings may be authorized if such adjustments d1, not violate any provision or this chapter or alter the approved stormwater plan.. 7. Completion of Buildings. It. Nothing contained in this Section Sllall require any change in the 111,111s,consiruCtion,Size or designated use of it building, fin• which it valid permit has been issued or lawfitil approval given before the effi;ctive dale ol'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 ycat•S. 8. Condition of the Permit. All work perl'o nted under a permit issued by the Director shall conform to the approved application and plans, and approval amendments thereof. The location of' all new constttction as shown oll the approved plot diagram, or an approved anlendnlcnt thereof, shall he strictly adflered lo. It shall be mliawlili 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 lilt it 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 it street opening or widening or outer public improvement. 9. Signatn•es on Permit. The applicant and the Director, or the Director's designee, shall sign the permit. 10. Posting of 1'ernlit. A copy of the permit shall he kept on the premises open to public inspection during the work arld unlit the completion of sauna. The Director may require a cerlifled copy of the approved plans to be kept cal the premises at all times f-o-ni the commencement of the work to the completion thereof' it. Notice. The Director shall be given a1 Icast lour hours notice of the starting of'work under a perillit. 12. Revocation. The Director may revoke it permit or approval issued under the provisions OHMS Section 111 case there have bec►1 any false statenicnis or Alts-representation its to it material filet 111 the application or plans on which the permit or approval waS based. 13. Excavation Permit. No permit 161-excavation for any building shall he issued befilre application has been made Im it building permit. Martin 19,2002 139 14, valhifly, I he huiIdinp peuniI shall he valid for the use liar which the building lhcrntit was granted,as long as the use is in compliance with applic;Ihle codes, providing that within sir ninths of issuaulcc of the planning clearance a Certificate of Occupancy has been applied for and obtained by the applicant. A one-tithe extension of six nimilhs nwy be granted by the Director, Cl. Certificate of Occuprulcy. I. Purpose. The put•(lose ofa Cerlilkl to of Occupancy is to ensure;that all stt•ttetures and uses comply with Ihc:purnils issued for the development,Ind the provisions of This Ordinance and shall be applied for concurrently with the npplicalion for a building permit. 2. Applicability. No vacant land shall he occupied or used, except for agricultural purposes, and no building or structure shall he occupied or used (including change of use) or hereafter erected or structurally altered until a Certificate of Occupancy has beat 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 ordinanees and tike provisions ol'thesc regulations, n record ofall certificates shall he kept on file in the office of the Director and copic,; shall he furnished, upon request, to any petition having it proprietary or tenancy interest in the building affected. 4. Certificate of Occupancy Review Criteria. a. Comply with all adopted building codes. lire codes,electrical codes, mechanical codes and any other applicable codes and policies adopted by the City; 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: (I) 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 I pplications for ccrtiI IC Ites of occupancy. 6. issuance of rr Certificate of Occupancy. The apphcmtt shall notify the Director ten (10)days prior to the date of inspection fora Certif kale of' Occupancy.The Certificate of Occupancy shall be issued within five business days of the date col' a satisfactory inspection documenting that the work is complete. 7. Issuance of a Temporary Certificate of Occupancy. a. A Temporary Certificate of Occupancy(TC'O)maybe issued by the Director fora period not exceeding six months. The agiplicant shall submit a written request for the TCO explaining tike reasons for delay ol•complction of the work and the timetable for completion. TlIe TCO shall not relieve;the applicant o1•complelion of the work as approved nor of the necessity to cnsurc safety of the occupants during the period of partial occupancy pending conhpletion of the building. h, 11'site improvcnwills call not be completed due to inclement weather,the Director tray issue it Tcmporary Certificate of Occupancy for a per'lod not to exceed six Inontlis,provided that the applicant pt•ovides security foh•all improvements than have not been completed equal to 125 percent ol'their value. The security shall be in the form ofa cash deposit made to the City,or a lettcrofcredit ordisbur:,ement agrecnherhl from an:urthorixed financial institution. MARCH 19,2002 140 City �mwoar T,onit!g On finance D. hence Permit. 1. Purpose. The purpose of a fence pernlit is to ensure that Fences are located and constructed in a snf'c, durable and aesthetically pleasing manner and in conformance with Sccdon 35-59. 2. Applicability. No person shall erect a Fence until it fence per'tnit has been issued by the Director. Agricultural fences are exempt front 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. A fence plan shall show: (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-ol=way lines; and (3) the height of'tile Icnce. b. Fence permits shall expire one year from the date of ismance unless the fence has been constructed in accordance with the permit. 4. Review Criteria. a. All fences shall be designed,constructed and erected in conformance with the fence standards ® in Section 35-59. b. Fences shall comply with the visual clear zone requirenlcntS of'Section 35-55. C. No fence shall be permitted oil right-ol'-way. 5. Decision-maker. The Director shall approve, conditionally approve or deny approval of all applications for fence permits. E. Home Occupation Permit. I. Ptu-pose. The purpose of a home occupation pern►it is to enstlre that all home occupations tare conducted ill a side illanner without adverse affects oil adjacent residences. 2. Applicability. No person Shall conduct a honk 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. 'fhc applicant shall file a completed application in conformance with Article Vil and Shall provide the following additional inlornlation: a. Additional Information Required (I) Driveway location and dimensions and oft-street parking,and Whome occupation is to be a clay care service, show the area proposed to be used for drop-off. (2) Location ol'existing and proposed Fencing,bufferyards,and, if a clay care borne or day cure service, the outdoor play area. MARCH 19,2002 141 City gW.L.Li?rvgn Zoning Ordinance (3) Interior Iloor plan showing the locution ol'tIie home occupation,and,i1 daycare,the child care area,kitchen, bathroom,entrances and exits. b. Written information to be included: (1) Name, address and phone number of Iltc applicant. (2) Name, address and phone member ol'the owner of the property. (3) 11'applicaut is not the owner, include a notarized statement from the owner that the applicant has pern►ission to have a home oecupation on the premises. (4) lndicatc if the applicant resides on the property. (5) Days and hours ol'operation. (6) Number and names ol'persons who will be involved in the home occupation. (7) Approximale number o1'ciclivcrics expcetcd per week and type ordelivery vehicle. (8) Ira clay care scrvicc,include the number,relationship and ages ol'the children to be in care. (9) Other licenses and permits applied 16r; clay care service.applicant to provide evidence that a State clay care license has been applied fir. 4. Review Criteria. The application shall be approved it' the proposed home occupation will be conducted in conformance with the home occupation slandards established in Section 35-41 of this Ordinance. 5. Decision-maker. The Director shall approve, conditionally approve or deny approval 01'all home occupation permits unless a conditional use permit is also re<luircd. 6. Validity. A honk occupation permit Shull 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 1'or day care service shall be renewed every two years if it is also required to he ficenscd by the State. F. 'Temporary Use Permits. 1. Purpose. n temporary use permit is inter►dcd to ensure that lcnlporuy uses are conducted in a safe manner which mitigates potential adverse impacts on City inRNastructure and adjacent properties. 2. Applicability. No person shall establish a temporary use until a temporary use permit has been obtained lrom the Director. The following temporary uses shall be exempt front the requirements o1' this section: a, Special events anti activities con(hicted on public property such as school sites and City parks; and b. Christmas U•ee sales,seasonal greenhouses(accessory to established business),and seasonal sale ofagriculturaf products, ® 3. Application and Review Procedures. The applicant shall file a completed application in conf'ornlance with Sections 35-70, The application shall describe the location and operation of the MARCH 19,2002 1,12 City of'. eff"erS0n Zorrigg Ordinance _ Proposed Ienlporary use in sufl icient detail to ensure that the Ilse shall be conducted in accordance with the temporary Ilse regulations in Section 35-•11. 4. Review Criteria. The applicant shall demonstrate 111,11 the proposed development shall comply with the following criteria. a. The uses are authorized temporary uses pursuant to Section 35-41; b. '['lie use shall not lie dell•iolental to the public health,safely and gelncral weilare; C. The use shall not he located on publicly owned property unit;ss the applicant lust obtains applicable permits through the City or other public property owner, d. Adequate of•f-street parking shall be provided to serve the use. The entrance and exit drives comply with this Ordinance,except that paving shall not he required ice•a temporary Ilse; e. Structures and/or display of merchandise: (I) shall comply with the yard and properly line setback requirements of the zone district within which the use is located; (2) shall not interfere with the visual clear zone ofthe intersection,in conformance with Section 35-55; and (3) shall not use the public right-of-way for any activity but site access. I*. For temporary sales, a sales lax license shall be obtained from the 1Vi1SSOtlri Revenue Department; g. A City bIISII1eSS IiCCI1SC shall he ohtaincd: 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 ofall temporary Ilse permits. G. Validity. A temporary Ilse permit shall be valid for a maximum period ol'six months and shall be neither transferable nor extendable, G. 'Telecommunications Facility Pernnit, 1. Purpose, The purpose of a lclecommunication lacility 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 ol'Article IV, Section 35-41. 2. Applicability. The placement of tclecorrtmunications filcililies meeting the height restriction of'tile districts is permitted, as shown in Exhibit 35-28. In addition, the lollowing telecommunications facilities,Ils defined in Article fX, are permitted with a telecommunication facility pernnit: a. The attachment of additional or replacement antennas or shelters to any tower existing on September 8, 1997, or subsequently approved in accordance with the telecommunications towers rcgull►tionts and requiring the enlargement ot'the existing tower compound area as long • as till other requirements of Article IV,Section 35-41 and the underlying zoning district are illel, MARCH 19,2002 1,13 M Cih+ of'Jefl vvon Zoning Ordinance li. The one-time replacenlcnt of,lily lower cNisting on September fl, 1997, or subsequently approved in accorda(ice with file tciccornrnunications lowers regulations, so long as the purpose ofthe replacement is to accommodate shared use ol'the site or to eliminate a safety hazard, 'file new lower shall lie of the same type as the original except that a guyed or sell- supporting(lattice)tower may be replaced with it monopole, I f the guyed or lattice tower to he replaced is 180 feet or less in height, it shall be replaced with it monopole when possible. The height of the new tower may exceed that of the original by not more than 20 feet. Subsequent replacements shall require the approval ofa Conditional Use permit. C. The construction ofa disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than n district authorizing industrial uses. iAquipment may be placed in a cabinet if'tile support structure is incidental to an industrial, commercial, institutional or other non- residential use. d. The placement of dual polar panel antennas on wooden or steel utility poles not to exceed 40 1'ect in height,provided that all related equipment is contained in a cabinet, C. I'mm-s erected and maintained l'or a period not to exceed 30 days for the purpose ofreplacing run existing tower, tcstitlg an C,KiSting or prOposC(I nCltvork. 3. Application and Review Procedures. a. Applications Cora telecommunications facility permit shall be made on the appropriate fortis to the Director and accompanied by payment of the established fce, ® b, A detailed site plan,based on a closed boundary survey ofthc host parcel,shall be submitted in conlilrmance with Section 35-71 auld shall include the location of and distance to oft-time residential st•uCtures,hydrologic features,and tile coordinates of height(AGL)oftheexisting or proposed l0vVer. 4. Decision-itlahm.. a. The application shall be reviewed by the Director to determine compliance with (lie above standards who shall then transmit the application l6r review and comment by other departments and public agencies as may be affected by the proposed facility. h. The Director shall issue a decision on the administrative permit within 45 days ol'lhe(late of application or the application shall be (teemed approved. The Director may deny the application or approve the application as Submitted or with SuCh modificadolls as are,in his judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of*this Section. The Director may consider the purposes ol'this Section and the lilctor:s established herein for grunting a conditional usC permit as well as any other considerations consistent with this Ordinance. A decision to deny am application shall be made in writing,and shall state the specific reasons For file denial, 5. Approval Criteria . The criteria promulgated in Article IV, Section 35-41. shall be used by the Director in making a decision regarding approval ofa telecommunications tower permit.The Director shall provide written lindings ill' Fact and concluSionS 01'law relating to his/her decision. 6. Appeals. Any applicant who is denied a tower application, or who is determined by the Director to be in violation of this Section, shall have the right to appeal the decision bcl'ore the planning and honing Commission. At the request of the applicant,a public hearing shall be set on the agenda at the next available Commission meeting following the denial of an application,or the determination of a violation and shall consider, in addition to a determination of Miether or not a violation exists or the MARCIr 19,2002 144 (100 (J'Affi'r on toning Ordinalirc' application was improperly denied,the question ol'the technical or economic Ieasibilily ofcompliance with this Section. In the event the Commission finds that the tower was constructed in accordance with setback and other provisions relating to towers designed liar co-location,and said tower is not being made available f61-joint Ilse orco-location as indicated at the time ol'applicatioll,the COmmissi011 nrly suspend or revoke the permit. final decisions ol'the Planning and Zoning Commission shall he subject to judicial review pursuaull to Chapter 536, RSNio. 7. Validity. The telecommunications lower permit shall be valid as long its the facility is in use and is in compliance with all applicable city atrld federal regulations, If. ('han}le of Use Permit I. Purpose. The purpose and intent ol'this regulation arc lo: It. ensure that the proposed change oft►sc is in Coll Forl na lice with tilt provisions of the. Zoning Ordinance, the adopted Comprehensive flan and other adopted plans. b. ensure that affected review agencies may review the proposed change of use; 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. Z. Applicability. This regulation shall apply to a change of use of the principal use of a building or land to another Ilse ofa building or land,as(lei ined in Article I\. 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 rcciuirements shall comply with those described in Sections 35-70 except as follows: 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 arc increased by fewer than live spaces. b. When the property dues out comply with existing landscaping standards, the Director may waive up to tell percent of the required parking spaces if additional landscaped area is provided at a ratio of 200 square Icet per parking space waived, C. The change of'use permil shall he valid I'm' the us(. fur which the l)lanning clearance was granted,ax lung as the use is in compliancc with applicable codes, providing that within six months o1' issuance of the clearance a certilieale of'occupancy has been obtained by the applicant. 4, Review Criteria. The application shall demonstrate that proposed structure has been constructed and shall he used in coilFornitmce with the Ordinance,adopted building codes,fire codes,electrical codes, mechanical codes and any other applicable codes and policies :ulopted by the City, In addition: a. The change of use shall he to it use permitted within the zoning district in which it is proposed, • b. Proposed accessory uses Cor the proposed change ol'use shall conform with standards as set I61-th in Article IV. MARCH 19,2002 Ids %u►ing Ordinance 5. Decision-olaker. 'I he Oiteclor shall review till applications I'or chaufte of use and shill approve, Cottditiortally approve or disappr•►ve all such applications CXCept those involving nonconfornlities which ra.luire a Slleciul I:Xceplion I Ise hermit. 6. Change in Use, Nonconforntini; Use. N. A change ol'usc permit nlay be apino d by the I)ireclor fora nonconlin nling use only il'the change in use is to it principal use permitted in the district (.)nee the change ft•onl a uonconli►rcning use to a principal permitted use is completed, no convet:sion hack to the previous non-conlo nling use shall he permitted, b. C'hatlge ofuse h otn one nonconi'nrming be processed as a Special Exceplion Use permit and in accordance with Section 35-6511.Such applications shall he relcrred to the decision making hotly with a reconunciulation it•onl the Director, 35-73. ADi1lIN1STItATIVh; :`\1'1'R0\1,k1, - 1)EVE;1,( 111,]]ENT I'h;It191'I'S, I?xhibit 35-73A A. Conditional Use Permit, (.on(litional Use Permit I. 11111-pose. ')'lie purpose ol'conditional use review is to allow Process the City to CXCI'Cise sotlic Coliti-ol owl,the Cxtellt o1'CU1-tain activities which, although desirable in limited tluantilies, could have it detrimental eflcct on the conlnninity it' the uses wCrc pCrnlilted to exist in large nunlhers or in certilill 1'reapplieation IOC-116011S. I'hcrcforc, these regulations ;ruvide I''►r \� Meeting / restrictions or conditions that may he imposed to reduce It- mitigate the potential problems associated with the use or its location in relation to the neighboring properties. :1 J/ Conditional use is not a usC by right. gAn 2. Applicability. a, n conditional use,onCC approved, goes with the land i61. the approved use only, unless the permil is revoked due to violations enumerated in I subsection 35-73.n.7. The designation ofa use in it zoning district as a conditional use does not Constitute an authorizati011 or assurance that such use will bC ilpprovcLl. Stuff Iftgel,ncy b. !\n CstabhSllCd use which has bCCn reclussiliCLI Review iew )'ruin a perrllissivC to a Conditional use by this .__-- O shall he pernlittcd to expand onto wntigucrtts hull under the ownership of the Board of Cstablishetl use on tilt eftcctive (lute of this ortlinanCe.`LICh cspansirnl nuty include,bul is not Adjustment limited to, new buildings, building additions, Hearing parking lots, and other pro•jccts related o anti associated with the established use. Stich expansion shall he suhjcct to site plan review try staff,outlined in Seclion 35••71. Expansion ol'thc Decision use ono land acquired alter Nlay(), 2002 shall be subicct to tilt conditional use permit process outlined in this Section, N4ARCII 19,2002 140 t ll►' (If j('115(lll tontine Ordindllee _ 3. Applica(loll and Review Procedures. a. The application shall be submitted with a site plan in conformance with Sections 35-71. The Direelor shall forward a copy of the complete application and site plans to the Director of Public Works ROr review. 1f it zoning amendment is required or requested,such application shall accompany the application fora Conditional Use Permit. h. Once the Director has determined that the application is complete,it shall bu forwarded with the site plan to the Board of Adjustnncnt for review at a public hearing. 4. Findings of Fact. No conditional use shall he 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 h. The proposed use con)plics 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,huilding,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 detrin)entd to the public health, safely, C()ilVCnicnee and welfare,or results in material damage or prejudice to other property in the vicinity; and C. 'I he proposed use is compatible with and preserves the character and integrity of adjacent development and includes improvements to mitigate adverse development-related impacts, such as trttflic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods; and ® 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 rise. 5. Conditions that the Board of Adjustment May Impose. The Board may impose conditions on the use in order to ensure that the use complies Nvith any applicable standards of this Ordinance For the use that include, but may not by limited to the conditions listed below: a. No conditional use shall he enlarged,extended, increased in intensity or relocated unless an application is made for a new Conditional Use Permit in accordance will] the procedures set lorih in this Section. h. Development ol'the use shall not be carried out until the applicant has secured all the permits and approvals required. C. Signage for the use may he limited to protect the neighborhood character. A residence in which one or more home occupations hats been permitted shall he limited to one sign, atached to the building. with a nutxinutln size oCone square loot, regardless ofthe number of home occupations operated from thr. residence, (1, Due to the operational intensity anti nature ol*the proposed use and the physical development characteristics, the height, bulk and lot coverage, shall tie as specified in the pennit. C. The building materials and architectural style of'tile building and related structures shall be insistent with and similar to those ofadjacent buildings and as specilied in the permit. C. The Board may determine the type anal extent ol'the bulferyard,and whether a bufl'eryard is required to mitigate impacts of a proposed conditional use upon adjacent properties, using Section 35-511 as it guide. G. Decision-maker. The Board ol'Ad.justnlcnt~hall review the Conditional Use Permit application and any other proposed action related to the permit al a public hearing ill conformance with Section 35-70, 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. MARCH 10,2002 147 Upon approval of the rCduCSt, the lioard ~hall au111olir.c the�Director to issue the Conditional Use I'et'tllit which shall Statc the conditions and rcsLlicti0ns so lhal reasonable control ntav be exercised over the use. 7. Revocation of a Conditional Usc 11erntit. Any hermit by 01C 13oard is Subject to revocation Im any of all ol'thc li►Ilowing reasons. a. Non-compliance with any conditions intposecl on the Conditional Use; or b. Violation ofany provisions ol'Ihis Section and the Zoning Ordinance pertaining to the ttSC ol•land, Exhibit 35-73B the construction or use of,buildings or slt•uctures or activities conducted on file premises by the V�u•iaticc Procedures applicant or his tenanls. C. If* the Director determines that the Conditional Use is in violation of the reasons listed, he shall </ Preapplication prepare a report stating Lhc reasons and kwward it Meeting to the Board fur a public hearing in accordance with Section 35-70. 8. Rehearing 1'rocednrcs. Rehearing w(Itiests shall be "�- processed in accordance with Section 35-70. Application Submittal 9. Validity. a. 'fhc Conditional Use I'crmit shall run with the Schedule land after approval, uttICSS file 130,1111 spccitMilly Public Hearin places an expiration date on the permit. b. The 13oard may extend a permit tiff.a maximum period of one year i1' file applicant rcqucsts the Public extension in writing at least 30 clays before life Notice Cxhiration of tile. permit. The request shall be Staff Agency included on file agenda for the next scheduled Review Review Board agenda according to the liling calendar. C. 1l'alter One year of issuance of the conditional hermit file construction or use has not Board. commenced, revocation proceedings shall be Adjustment Hearing ConuttenCCCI, using life procedure outlined in Section 35-70, 13. Variances. Appeal to I. Purpose. Variances provide it mechanism Im-relief from Appellate Body file SU•icl application ol'thiS OrdinancC when it would result in exceptional hardship, 2. applicability. The Board of Adjustment shall bear and decide rcqucsts Ibr variance from the provisions of this Obtain Variances Zoning Orcinance, C'hapler 3,Advertising and Signs,and Permit Chapter R, Article V1, Plood I1<tzard RcgulMionS. 3, Application and Procedures. The application shall be filecl and processed in accordance with the procechu•es set Establish Use/ fomli in §89.080 thloubh R9'1 10, RSA1o., and any rules Obtain Building adopted by the 130ard ol'AcljusUnenL 'I'hc application shall Permit& Construct be on if fbi-nt supplie.(l by the I)it•ectol. Tlie application - — — MARCH 19,2002 1,19 t"icey u4'.h j'iwsoll Zoning Ordinamw 811,111 lie signed by all owners of the property and shall include: (a) The correct legal description of the property, (b) The current zoning of'tile property, (c) The name, address and phone number of al least one property owner,and (d) A clear description ol'the ICqucS1. (e) In all instances where new construction is involved or where yard or parking variances are requested,a sketch site phut, drawn to Scale, showing existing and proposed buildings with their distances from property lines Shall he Ilttached to the application. 4. Findings. (a) Applicant's responsibilities. When requesting it variance, it shall be the responsibility ol'tlle applicant to Show how the premises or particular circumstance fully meets all ol'the findings the Board is required to make. (b) Required findings,general. IMitre granting any variance,the Board shall lied the proposed variance, il'granted, would: (I) Not eliminate an adequate supply of light or air to adjacent property,substantially increase congestion in the public street,increase the danger o1'fire, or endanger the safety of 111c 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) lie in keeping with the general spirit and intent iof this chapter. (cl Specific findings.In addition to the general findings,the Board shall also apply the following specific findings,as applicable: (I) Variance to Density and Dimensional Standards of Section 35-51. The Board shall also find, below granting, it variancc to any density or dimensional standard that there are practical difficulties associated with the premises which under strict mid 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 sU•ucture will not violate any air space height restrictions. In the case of an amateur radio antenna()[*support structure,the Board in its decision-making process shall make a concerted c(Tar(to: (i) Strike it balance bctwecn the federal interest promoting amateur radio communications and the city's legitimate interest in regulating zoning Illalle►:s; and (ii) Make a reasonable accommodation between the federal and city interest. (3) Variance to the fence height regulations. The Board shall find, before grunting a variance to the fence height regulations, that the applicant has conclusively demonstrated that: (i) 7 he specific, use of the fence requires it height greater than permitted by 111is chapter, and (it) The variance, ifgramcd, would be the mininium necessary-For the fence to serve its purpose. (4) Variance to the nunlloer of required o('fsnect parking spaces; required specific findings and rllilxllllulll permitted reductions. 111 addition to the general findings,the Board shall also find,bet'ore granting it variance to the number of off-street parking spaces required by this chapter,that the applicant has conclusively demonstrated that fhc specif is use ofa building does not necessitate the total number of required oIT- street parking spaces. The reduction in the number of spaces which may be authorized by the Board shall not he more than fifty percent (5011"o) ol'the usual requirement. Wiwi1 11),2002 1,10 �4 GO,a V i?rson Zoning Ordinance _ (5) Variance to the location of'required ofl'strect parking spaces. In addition to the general findings,file Board shall also Lind,before granting a variance to the location requirements forolT strect parki rig,that iheapplicant has concltisivelydcrnontiti'utc(I Ihat: (i) Strict compliance with the location requirements would create fin unnecessary hardship, or (ii) The Ilse associated with lice parking(dicta not necessitit(e close proximity between the parking and the use. S. Extent of variance limited and conditions which may be imposed. (a) Fxtent ol'variance limited. A variance, il'grauted,shall lie limited to the minimum variance necessary to resolve, in whole or in part, cite 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 to curry out the intent of this chapter. (c) Conditions. In granting a variance,the Board niav impose such conditions upon(lie premises receiving the variance as rimy be necessary to eivure that the variance will not: (i) Ile unduly ill.iurious to the Ilse and enjoyment of other properly in the immediate vicinity. (ii) I lave it significant adverse affect on property values in the neighborhood, (iii) Endanger or be detrimental to the public health, safety or general wolf are of(lie citizens of'tile city. 6. Decision-maker. The Board of Adjustment may grunt variances alter a public hearing held in confowmance with Section 3S-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. Hailer one year of issuance of the variance the construction or use has not commenced, revocation proceedings shall be commenced, using tfie procedure outlined in Section 35-70. C. Appeals i'ront Ad n►in ist rat ive Decisions. Any person,including any off icer or agency ofthe City o0cf Person 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 town,tdniinistrative interpretation,the Board ol'Ad,justment shall determine whether the decision or interpretation by the Director was in accordance with the intent Mid requircnu0nls of this Ordinance. 2. Decision-makerand Decision. The Board ol'Adjuslment shall a1*1irm,reverse or remand the decision. In reversing or remanding tic decision back to the Director, file Board shall state the rationale For its decision. 3. Application and Review Procedures. Requests for an appeal shall be filed in tine office of the Director on the forms provided,in accordance with Section 35-70.The he Iollowing information shall be included with the application: a. The applicant shall provide a written sfatennent citing the specific provision(s) of this Ordinance the applicant believes the Director has incorrectly interpreted and the applicant's own interpretation ol'the provision(s). b. The appropriate Ice shall be submitted with the request as may be approved by the Council. MARCH 19,2002 150 Cith ol'Ji,11im-son Zoning Ordinance C. The Director shall prepare a report detailing the specific; provision(s)ofthis Ordinance that arc in question, his interpretation of the provision(s) and tilt general hasis of the interpretation. d. 'flue Director shall schedule the appeal to lie heard by the Board ol'Adjustment. The Board shall hold a public hearing in Coll iormalice will)Section 35-70 and rcndcr a decision filter the close of the heal-illy. 4. ltehear•ing Procedures. Rehearing requests shall be processed Ill accordance with Section 35-70. 1). Special Excepdon Use Permit. I. Purpose. Special exception uses are tllosc uses which gcner'ally Lxhibit 35-73C are compatible with the permilted land uses in a given zoning Special Exception Use dis0'ic1. but which t'eclttire individual review of their location. design and conhpiration, and require (lie imposition of Permit Approval Process conditions to ensure the appropriateness of the use at i parlicular location. 2. Applicability. a. file designation (it' a Ilse ill a zoning district as a � special exception Ilse does not constitute an 1'reapl►lication autlloriraion or assurance that such Ilse will be Meeting approved. r" b. Approval ol'a Special Exception Use Permit shall be f dCCnled to authoriZC Only the particular utce IM which ,I f the permit is issued. �Y C. No use authorized by a Special Exception Use Permit *ffA �shall be enlarged, extended, increased in intensity or relocated unless an application is made liar a new Special Exception Use Permit in accordance with tilt procedures set Rorth in this Section.d. Development of a special exception use shall not he ing carried out until the al7plicant has secured all the permits and approvals reduircd by this Section or'by coulity,state or F,-.dcral agencies.3. Application and Iteview Procedures. Applicatioll I Agency rcquircnlcntsalulproccss i11 gproccdutc sshaIICotnplywiIIIIhose Review described in This Section and Section 35-70. 4. Iteviem-Criteria. No special exception use maybe approved til- es I'll)I ished unless the Planning and lolling Commission shall lind that file Ilse: a. is consistent With the purpose and intent ol'Ihc/.hint; Ordinance; and RM h. is consistent wills the Comprehensive I'lun: and C. shall no( substantially and permanently injure the slhpropriate Ilse of neighboring property; and d. shall serve the public convenience and wclfarc; and C. shall not over burden the municipal services; and I'. shall nut cause tralfic, parking, population density or environmental problems; and �!. shall not adversely aflect the Ilea lth,safety and wclfarc Decis ion ol'thc community. MARCH 19,2002 151 �� C'itl� o 'Jc f fersoll loll hig 01.1ii/Iance S. Conditions that May lie Imposed on the Special Exception Ilse. C'ortditions pray be imposed on at Special c.eccplion Ilse. Generally, the condititu►s applied include the following. a. The operation ofthe use may he limited; Exhibit 35-74A h. I'crti�rnrutcc standards maybe imposed to ensure that Comprehensive Plan the potential incompatibilities created by the special Amendment exception Ilse are mitigated; and C. 'fhc site desi"ll artd Payout may be adjusted to Approval Process mitigate potential negative impacts on the neighboring properties. % 6. Decision-maker. The Planning and Zoning Commission shall 1'reapl>lication \ review the request at a public (tearing in conformance will) Meeting Section 35-70 and make a rcconuncnclation to file Council. 'fhc Council shall review the rcqucSI at a public hearing and may approve,modify or deny approval oftile application. The `f, minutes of the hearing shall rcllect the findings of fact based W on the review criteria, demonstrating the reason li►t' the Alli►Iicatlon Council's decision. ^- Sulrnittal 7. Revocation ot'a Special Exception Use Permit. Any permit granted under the authority of this Section is subject to Schedule revocation in accot•dance with Section 35-70.1'foranyorall of Pulblie Ilearing the I61lowing reasons: u. Non-compliance with any conditions imposed on the Public special exception use; ® b. Violation of any provisions of this Section and the Notice Zoning Ordinance pertaining to the Ilse of'land, the Strttf Agency construction or Ilse of buildings or sIlUCtures or Review Review activities conducted on the premises by the applicant or his 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 tenants, provided that such violations relate to the conduct or activity authoriml by the Special Exception Use Permit or the qualifications of the applicant or Ins tenants to engage in such conducl or activity. 35-7.1. LEGISLATIVE APPROVAL.- 1)EVE'I.OPMEN7' PEIRI11'1'S. A. Comprehensive Plan Amendments. I. Purpose. The Comprehensive Plan auul DevelopmeIlt Plan Decision l..and Use Map(also known as the Development flan)may be amended from time to time to ensure they are consistent with the stated goals, objectives and policies included in the Plan. ltccordingofCertified The Council nrry establish a Schedule prescribing when and Copy ofAmendment how frequently Comprehensive Plan and Devclopnuenl Plan land Use Map amcmhnents will be considered. ® ?. Applicahilih'. All proposed amandniews to the text of the C'omprchensive flan or Development Plain hmd Use Map shall comply wilh the provisions of this Section. Any MARCH 19,2002 152 City of.leffirson Zoning 01. nurree proposed development That is inconsistent with the goals and policies of the Comprel tells i vc flan or Development Tian Land Use Map shall first receive approval ofa Comprehensive Plan anlendnlent. 3. Application and Review Procedures. a. Amendn►enis to file Conlprehcr►sive 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. h. Before any application is made, the applicant Shall confer With tilt Director to discuss, in general, the procedures and requirements fora Comprehensive Plan arncndrnent request. C. A Comprehensive Plan text amendment application Shall include a written report that addresses each criteria listed in Section 35-74.AA ,and the proposcd amendment, the name and address of the person(s)proposing the anlendnlent,and the reasons for the anlendnlent. d. A Comprehensive Plan neap amendment application shall include a written report and proposed map amendment that address all the review criteria in Section 35-74.A.4. The application materials shall provide the level of letail required for site plan review. 4. Review Criteria. The following criteria shall be considered when reviewing a Comprehensive Plau amendment application: a. Whether there was error in the original Comprehensive Plan adoption in that the Planning and Zoning Commission l;tiled to take into account then existing facts,projections or trends that were reasonably foresecable to exist in the future. b. Whether events subsequent to the Comprehensive Plan adoption have invalidated the Commission's original prenliSC.';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 ch,ulge is needed to improve consistency between the Comprehensive Plan and other adopted plans. 1'. Whether public and community facilities,such as utilities,sanitary and storm sewerS,water, police and lire protection, schools, parks and recreational facilities, roads, libraries, solid waste collection and disposal,and others arc adequate to serve development for the type and scope suggested by file proposed zone. If utilities are not available, whether they can be extended reasonably. g. Whether there is an adequate supply ol'1an(l rrvaila1)IC in the subject area and the surrounding community to accommodate the zoning and community needs. It. Whether there will benefit;derived by the community or area by the proposed zone. 5. Decision-makers. a. Planning and Zoning Commission Action. (I) The Planning and Zoning Commission shall hold a public hearing in Collfornlanee with Section 35-70 on each proposed Comprehensive Plan anlendmcnt. (2) When the !Tanning and Zoning Commission decals it necessary or expedient, the Conullission may consider other property for a change or anlendnlent of plats category in addition to the property des::ribed in the application provided that such additional property is included in the hearing notices. (3) In determining its rcceminrendation of whether the proposed amendment Shall be approved, the Phuuling and Zoning Commission shall consider the review criteria established in Section 35-74.AA. (4) All actions of the Plaluling and Zoning Commission shall be in conformance with §89.360, RSMo. b. Council Action. (1) The Council shall schedule a public hearing at which it may approve, modify or deny the proposed amendment. Mntt('ll 11),2002 153 of.lc f fc?1-.co11 7. nin 01,11i11anc e (2) The C'ounciIshaIIconsidcrthcreviewcrileriaesioblishedin Sec 1iot135-74.A.4when making its decision. I f'the Ilan anlcndlnent is approved. future anlendnlollts to the "Zoning Map shat I be consistent\vitII the approved Co III prehcttsivc Plan atlletldillcnI. !i. Amendillent of Zoning Ordinance'I'cxt and 'toning Map. I. Purpose. Amendments of Zoning; Ordinance'I ext and Zoning, Map may he beneficial front time to time to better achieve the goals of the Comprehensive flan,Ind to more effectively provide fbl•growth ill a marmot that is consistent Exhibit 35-74B with the Comprehensive flan. Zoning Text and Zoning; 2. Applicability. All proposed amendments to the text of this Map Amendment Ordinance and Zoning Map shall comply with the provision, of Approval Process this Section. 3. Application Requirements. Application requirements and Optional. processing, procedures shall comply with those described in < Preapplieation > Section 35-70 with the following modifications: Meeting a. Art application fora text amendrllent may be initiated by the Council,l'I,uuling and Zoning C'ollimission.City sta fl• \� or any owner of property within the City. 'I'}lc application shall be acconlpallied by a written report that addresses each of the criteria listed in Section 35-74,13.4. - Application Submittal 1 b. An owncrof real property within the City,or that owner's authorised representative, may apply for an anlendtnent to the zoning dist6ct boundaries (rezoning) i,lr• that Schedule landowner's property. Such amendments also may be Public Nearing initiated by the Planning and Zoning Commission, City stal•f or the Council. The Commission or the Public Council may add additional property to be rezoned if it Notice deems it necessary or expedient to the purpose of the Staff Agency Ordinance. All property to be rezoned shall he addresscd in the public notice in accordance with Section 35-70. �_ Review Review The process For the Zoning Map anlendnlent shall be as shown in Exhibit 35-74.13. � C. in the case ofa protest against changes in the ref,ulations Commission or restriction,or changes in the zoning district applicable to particular land, which protest is tiled with the City Cleek at least 24 hours prior to the C'ouncil's vote on the change and is signed by 30 percent or more of the y Council property owners,either of illc areas ofthe land(exclusive Hearing of streets, alleys and public rights-Of-way) included in such proposed change orwithin 185 feet distant from and parallel to the bound;a•ies ol'the district proposed to he changed, such iIlllell(llllellt shall not beCO111C ci'fectivc except by the favol•able vote ol'two thirds of the entire CDecision membership of the Council. 4. Review Criteria. The loliowingcritc6ashall lie consideredwhen reviewing an application to amend the "Zoning Ordinal►ce text and ``/..Doing Map, , . a. The existing z.olling was in uror at the time of adoption. MARC•I1 19,2002 154 Citt<� nJ'Jffiwson Zoning Uri/rotate b. 'There has been a change in character in the area clue to installation ofpublic facilities,other zone changes, new growth trends, neighborhood deterioration,or development transitions. C. There is it community need for the proposed rezoning, d. The proposed change is consistent with, and in furtherance of', the implentcnlnlion of the goals and policies of'tile Comprehensive Plan,other adopted plans,and the policies, intents and requiremcnt,of this Ordinance and other(.'ity regulations trod guidelines. C. 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 ;:ewers, water, electrical service, police and lire protection, schools, parks and recreation Ibcilitics,roads, libraries.and solid waste collection and disposal,arc available and adeyuale 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 properly. i. Potential environmental impacts (cc.g„ excessive storm Witter runoff', water pollution, air pollution, noisy- 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 conununity or area proposed to be rer.oned. 5. Decision-maker. The Directorand the Planning and l..oning 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. ® C. Planned Unit Development. I. Purpose. The Planned Unit Development district may be applied to residential,commercial,industrial and mixed use projects to provide design Ilexibility not available through strict interpretation of the standards established in Article i1. At life time a Planned Unit Development district is created,the City shall establish an underlying zone, which shall serve as a basis tier use, density and design criteria. Design flexibility is provided through the Planned Unit Development district to enhance long-tern community benefits that may be achieved through high quality development that provides; a. More cfficienl inlilastRucture. b. Reduced traffic demands. C. More usable public or private open space, d. Recreational amienities. e. Needed housing choices. The Planned Unit Development District process,as shown in Fxhibit 35-7.1.C, involves three phases described in this Section. 2. PLED Concept Plan. a. The purpose of a PUD Concept Plan is to reduce conflict and address City plans and projects in the vicinity ol'the proposed PUD. b. A PUD Concept Plan is un optional, but encournl;cd first stet► prior to an application 101' Planned Unit Development District zoning, The purpose ofa Concept Plan is to demonstrate CollFormance with the Comprehensive Plan, compatibility of kind 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'(Ile Concept flan. I f the applicant requests approval of a Concept Plan,the application shall include a PUD Concept That liar the entire property or tract. The applicant may f ilea combined PUD Conccpl flan with a PUD Preliminary Plan or Final PUD MARCH 19,2002 -- 155 G&o/'JcJf"c'rsnu Zoning Ort milli ve 1'11111 For a portion of the property, as Exlt.ihit 35-740 Planned Unit determined applicable by the Director ai Development District Approval a preapplication confcrelice. The Council reserves flexibility ill PCOeCSs nuking dclerminations rcgarding PUD rezoning applications. Depending upon �\ the detail ol'the submittal attached to the i` 'reapp. Mtg./ rezoning petition, and the amount and Concept flan type of impact Ilolcntially created by the 1112n type Concept flan, the Council rnuy: (I) Approve a specific density and land Ilse mix at the Concept '(� Application I'lall stage. \__Submittal (2) Approve only a "design Schedule density" at the Concept flan Public Hearin stage, which sets Ills; maximum density, I'ully contingent upon Public approval elf' the subscclucill d Notice submittal. "File dcsiltn density Stag Agency clots [lot constitute a Review-1 Review CU[ll Ill itlllerlt to approve a, Subsequent SubmitUdS. The ' Spccitic density shall then be established at the time of the v Subsequent submittal. ci C. Application rcduircnlentx and processing City Council procedures shall comply with those described in Section 35-70. The Concept flan shall be valid (irr one year; however, the Planning and honing Commission may approve extensions Decision upon finding that conditions have not Substtultially changed Since the oriZtinal approval. CApplivation d. A Concept flan application and submittal Submittal shall be reviewed based on criteria EReview established in Section 35.27 as well as the criteria for zoning changes, Section 35-71.1 1.1, and the criteria for a Preliminary Plan in Section 35-74I.0.3. C. The Planning and '/,vning Commission shall approve, conditionally approve or licaring deny approval of all applications for a Concept Pkill. City Coun�il 3. PUD Preliminary Plan, a. A PUD Preliminary flan constitutes a mt[_lor step in the review process. A --' rezoning application Sha11 be submitted Decision with the I'M) Preliminary Plan application. The accented "design" Record Plot and Document density indicated in the Concept Plan s approval cannol be presumed as a nmler• N1AItt'I1 11),2002 C.'ih' (► 'J(' 'i'►tcon Zoning 01-11i►►unre of right I'rnttt the 11111) zoning designation, hill shall he juslifiel art the prefimi11ary stale through site and structure design. the('uutrcil may limit the density on all or any portion of a I'IJI) it' it determines Ihart the design fails to fullill the purposes of this ChAi lance and Section. All required perirrteler rights-of way eha11 he dedicated at file time the Preliminary 1'1,111 is approved, b. Application requirements and pro,:cssing procedures ~hall comply with those described in Section 35-70 and Section 35-71, with tic 111lowinM moditicalio ts: (1) If,tie PUD Preliminary flan proposes nnrlliplc phases, specific densities shall be assigned to (:aell phase. Density al each preliminary phase shall be justified by specific design, Dcnsity from one phase may be shit•Ied to anolha•phase subject to Council approval, The Council, in approving, the PUD Preliminary flan, may conduct the first reading ol'Ihe rezoning ordinance ftn'tie area described in We PIA) Preliminary Plan. (2) I Ira I'I iD Pmhmhary Phan is approved,the applicant shall submit a Final PUD Plan and Subdivision I'lal application in accordance with the approved development Schedule. (3) The City may require that it homeowners associalion or corporation be created to maintain and administer the project's lands or facilities, Articles of Incorporation and Rest icl ive Covenants shall he recorded al,or prior to,the recording of the final PUD 1'1,111 and Plat. The I lomeowncrs Association::hall he required to maintain all coalition space in reasonable order and condition on a tincly,consistent hasis. C. The Preliminary Plan for the Planned Unit Development District shall show: (1) 1 he scale and north paint, (2) Boundaries ol'lhc pt'operly to be dcVclopcd. (3) The names ofthe owners ofthe property and fire individual or firm responsible I'm the preparation orthe Preliminary flan. (4) The existing zoning of the tract and the tuning of properties which arc within 200 lect of the boundaries of the property. (5) The location, type and size of structures, on properties within 200 Icct of the boundaries of the property. (G) Acreage of the property to be included in the Planned District. (7) l;xisting contours on an interval ornot more than live IM and not less than two Icet. (ti) The location and direction ofdmhwge ofall water courses and a drainage plan with sufl'icicnl information to indicate the intent of the owner. (')) The location of existing and proposed sanilary servers. (10) The proposed size, location, height, use and arrangement or all buildings except single-family dwellingm the locution and (_opacity of oft•-street parking areas, entrance and exil driveways and!heir relationship to existing land proposed streets; building lines;casements;common laud and open space;and proposed streets,alleys and pedestrian ways, (I) Proposed landscaping and hulTer zones. (12) I'lovide for the dedication or any right-of-way I'or the widening, extension or connection of major streets as shown in the I'horough(Ilre Plan. (13) Date and signature lines ror execution by the Commission Chairman and the Dirrclor of,(•onurrunity Development to show the date of 1'11111 approval. d. 1'IJD Preliminary flan shall: (I) Comply with the criteria established in Section 35-27, as well as the criteria for rezoning,Section 351113.=1 and Preliminary Paul approval in Ihe,`iubdivision Code. (2) Comply with the approved Concept flan, it'applicable; and (3) listahlish the underlying zoning,mix of uses,density,layout,design and phasing of the proposed Planned I lnit Development. MAW 1'),2012 � 157 Ji'l-, all Zoning On illanc e C. I.1)ePlanning and /oning Commission ~hull review the api,lication at a public hearing in conformance with Section 35-70 and shall make r•econunendations to (lie Council. The Council shall approve,conditionally approve ur�Icny approval:Mall applications fora PUD Preliminary flan. 4, hinitl 1111)1) 1'11111 and Subdivision 111111. u, The Final I'I.1D Ilan and Final Subdivision fill(shall let as till:blueprint for development of a Planned Unit Development District project over the length of time the project is developed. File Plan and the Piut ensure duel consistency with the Comprehensive flan and adopted codes is rtuli11tained during the period oI'development null construction. h. Application requirements and processing procedures shall comply with those described in Section 35-70 with the following modifications: !I) Upon final approval, the 1'1,111 and Nal shall be recorded Ill accordance with the Subdivision Code, The Final 111,11 shall contain all of(he Collowing information which is pertinent to the PUD: the setbacks, a list of approved and/or specifically excluded ttscs, and any pertinent conditions or stipulation; which were previously made or imposed. The ordinance creating the KID and the imiderlying zoning Shall become el'lcclive upon recording o1•the Final flat. (2) All proposal publicly- or commonly-owned site improvements such as, but not limited to, those listed below, shall he included in the adopting ordinance or development improvements agreement (if used), improvements guarantee, and development schedule(sl:c Scclion 35-75): (a) road grading, sw laciltg, signing, lighting; (b) curbs, putters; (c) sidewalks, pedestrian walks, trails, associated structures; (c1) sanitary sewers stubbed to each lot; (e) water lines stubbed to each lot, including 171-c hydrants; (1) drainage aruclures/improvements; (g) open space improvements, Iltcilities, landscaping; (h) structures, parking areas: (i) inigatiml water System forope11 space, ift•c(ltlired; and (j) irrig)ttion water dclivcry system for all lots, if re(luired. 3) Unless the time limit established by the final development schedule has expired, huildirrg permits 1'01'buildings which conform to the recorded Final PUD 1'1,111 may he issued. 11• the lime limit established by the final development schedule has cxl)ired, the reciuirenle11lS ol•Section 35-26 shall be met prior to issuance of any building permils. C. Content ol•the Final Ilan. The Final PUD flan lira I'lan11cd Unit Development Disu'ictshall shah: (1) All required 11111 Preliminary Phut information. (2) 'f he seal ol'all architect or elleincer registered to practice in Missouri. (3) A drainag,c and grading plan which complies with the Stormwalet-Drainage Chapter. (.I) The proposal arrangement of oIT slrcet parking s(alls. (5) A landscapc planting plan will) the scientific mote of all two inch caliper trees, shrubs and groundcover which are to be used to satisfy off-street parking and landscape bull .requirements. ((1) The gencral configuration,heighl,size,type and location ofall proposed signs,walls alld fences. (7) BY notation or lh•i)wing, the architectural style and the proposed surlitce materials to be l(ill tile (8) Dato al .l signature c eliliesfol. execution by the Commission Chairman and the Director of Community Development to show the date file I'hin was recommended 11161.approval. lvl,mwit 19,2002 City cif Jcr%%crcwon Ailing Ordinance (9) '1 he Final H M Plan will he approved when if is in accordance with the approved Preliminary flan and any conditions imposed by the Commission or Council provided that ilems(i)through(7)ol'this subsection are f7urnished and approved by ('onncil, d, Approval Criteria. A Final 111,1I) Ilan shall comply with; (I) The criteria established in Section 35-37 in addition to the criteria for rezoning and preliminary plal approval. and (2) The approved Preliminary I'lan. C, Decision-maker. The Final PUD flan requiring a rezoning of constlllction of public improvements shall he 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 fora Planned Unit Development District final Plan and plat. lino rezoning or construction of public improvements is proposed and the final flan meets the approval criteria, the final flan will not he required to he reviewed by the Commission and may be approved by the Director, 5. Amendments to file Final PUD Maul. a. No changes may he made to (lie approved Final PUD flan except upon applieation 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 f'plowing conditions,providing those changes are required by engineering, te=chnical, or other circumstances not originally foreseen al the time the Final PUD )'Ian w;lS approved. The term "minor changes" as used ® in this Section is considered to represent changes which do not alter the overall characteristics of'tile total plan and which create no advcrse impacts on adjacent uses or public services and lacilitics, Some examples of what can be considered as minor changes arc: (I) 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 pa rking 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 10;111V residential structn'c ar ten legit to any street or right-ol'-way lines;and the number of parking spaces shall not be reduced by the relocation, (3) changes in the location ol'sidewalks and pathways, provided that continuity of pedestrian circulation remains; (•I) the rcurientation, but not complete relocation,of major structures; or ( ) chanYes resulting in it decrease of building separation or setbacks so long as those changes will not imp,let adjacent properties or uses. C. Application requirements and procession procedures shall comply with those described in Section 35-70,except that the applicant lira minorchange to a final PUD Plan shall provide the Director with envelopes containing Notice of'thc Requested Change which are Stamped and addressed to each person Who IeSti red ConCCllltllg the pl'oJCCt at any prior public electing. The Director shall mail this notice a minimum ofscven days prior to taking any action on the request. d. No minor change authorized by this Section allay eause any of the tollowing: (I) change in the permitted uses of of developnu:nt character; (2) increased overall coverage ot'structures,, (3) increased intensity of*usc; (-t) increased demand tile'tral'li� circuhluon and public utililiCS; (S) decrease in public or private open space; MARCH lei,2002 I i4 Citl,n 'Ji' 'i' won ," oiling Ordill till Iv (h) decrease in provisions for oli••slmel Imiking, loadilip and scicenillp Ihercol'; (7) decrease ill ptavunl.out and sidewalk widths: (S) increased numbers ofdwellings: or (9) increased deviation h-ona file minimum design standards established in Section 35.20. C. 'fhc Director shall approve,Conditionally approve or(Icily approval 01'all applicalioils fora minor change. I" All other chatigcs to the approved Final PUD 1'1,111 shall be deemed "nm•jor" ;Ind shall he approved only by the Planning and '/.oiling Commission or, upon appeal, the Council alter review of a revised Final I'(JI) flan tool/or Plat, (I) No amendments may be made in the approved Final I'M Plan unless the applicant establishes that such anaendnaents are required as a result of` (a) changes in conditions which occurred a!'t,r Final PUD Plan approval; (h) changes in the development policy of the Community;or (c) by conditions that were reasonably unforeseen at the time of Final Plan approval. (2) ,Application requirements and processing procedures shall comply with those described in Section 35-70, exccl)l Thal any changes which are approved I'or the Final PUD flan and/or Final flat shall be recorded as nmcndments to the previously rCCOrded Final 1'UD flan and/or Final flat. (3) The Director and the Planning and Zoning Commission ,hall make rcconuncndrlllolls to the Council which.,hall approve,cc,rpditional ly approve or deny approval ofall tlpplleilUl)IIS for it naa{oramendmem to a Planned Unit Development, The Council shall adopt an ordinance aIIIcncling the ordinance that originally approved the final KID Plan. This ordinance shall be recorded. G. Lapse of 1'1,111 and Rezoning. it Planned Unit Development or an y portion thereof has not been f, Development, JI completed in accordance with an approved development schedule (iI "lapse"j, the Director sha11 schedule the project before the Planning and Zoning Commission at which time a revocation of all prior approvals shall be considered, It'the Planning and/,oiling Commission determines that a lapse has occurred,the Director•xhall initiate revocalion proccedinf;s in accordance with Seclion 35-70. The Dircclor tray, if he decnps it appropriate, initiate, without owner Conscnl, a zoning change to the tuxlcrlying zone. 7. Development According to the Final PUD Plan, No building permit shall be issued on any site unless a site plan has bCCn subnpitlec!tend approved in accordance with the provisions in Section 35-71, and unless such site plan conforms with the conditions of the adopted Final PUD flan. H. Review of Plans for Planned Districts Designated Prior to this (h•dhumce. a. Vacant land, Property that is vacant land Toned 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 hC reviewed undo the process required in Section 35-74.0 and its a Special Exception Use, Section 35.73.1) or nuay he rezoned in accordance with Section 35-74.11. b. 111-ior-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 Or�:financc may be dcvclopcd as originally approved. I f amundnacnts to the plan arc requested by the applicant,the plan anacndnpenls shall be reviewed as required for plan amendments in conl•ornr<ulcc with Section 35..71.('.5. C. Designation of Zoning District fur Prior Planned Districts. The district designations Cot- ,111 planned dist•i,;ts clCSigWited prior to this Ordinance shall be modified to"PUD"on the Official zoning Map. Mnuc•u 10,2002 � 1W) C'ith c1,/'Jc rsc n Aping Ordinance_� - ( 1) Property with previously approved plans. Properly with previously approved plans shall be designated with "PUD', plus the appropriate development tile or case file nu11tbcr. (2) vacant land with no approved plall. Property which is vacant land 1,61.which no plan lilts bCCn approvc(1 shall he designated with"PUD-O',until such time as it new plan is approved,or the property is rczonc(1. 9. 'Transfer its (hs'nership. The requirements, restrictiolls,conditions and provisions of'(he approved Planned Unit Development Concept Platt, Preliminary Plan and final Plan shall be binding upon the owners, their heirs and assigns and futln•e owners until such time as the City may release such limitation on the use ol'the suh.jccl property under the procedures provided herein. 35-75. 1 ENELOMMENT Al..14"E'NIENTS, A, Development Agreements Authorized. The Director play deter(lie rccluirenlcllt for the completion of required irnprovcnlents il'thc applicant enters into it Development Agreement by which the applicalll agrees to complete all required public improvements in accordance with all agreed-upon schedule. The Director nlay require the applicant to complete and dedicate some required public improvements prior to approval of it Final flan or final flat and to enter into it Development Agreement Ior completion of the remainder of Ifle required improvements. The City Counselor shall approve any Development Agreement as to 1,(,1,111 and Icgillily. B. Agreement to Kan with the band. The Development Agreement shall provide that the requirements contained therein shall run with the land nd bind all successors, heirs and assignees ol'lhc applicant. The Development Agreement shall he recorded with the County Recorder in the County in which the property is located All existing iienholders shall be required to subordinate their liens to the guarantees contained in the Development Agreement. C. Performance Security. I. Whelle\er the Director permits an applicant to enter into it Development Agreement, the applicant Shull be required to provide sul'i'icient security to ensure completion of the required public inlpr0VCl1lcmts. The Security shall he in dic form ofa cash deposit made to the City or a letter of credit n1,diSbLKSelllCnt agreement from an authorized financial institution. 2. The guarantee shall he ill an anlounl estimated by the Director of Community Development as reflecting 120 percent of the cost of file improvements in tho approved construction plan and shall be sufficient to cover all promises 111(1 conditions contained in the Development Agreement, 3. In addition to all other security,when the City participates in the cost okin improvement,the applicant shall provide it perlonnimcc bolld Imin the Collt rile(or. with the City as a co-obligee. 4. The issuer ol•ally guarantee shall he subject to the approval of'tile City in accordance with adopted policies. 1). Release Croat Development Agreement and Certificate nf'Completiun 1, Release of Development Agreement and Cmintrilec: ti1nitc'n I1),2002 ____ 161 _- .� Cite+ a '!c2 ►i ► Ordinance i►w a. 'I'hc applicant shall submil a written request Fora release from the Development Agreement fire the portion which fuss born accepted for maintenance by file appropriate agency. This request shall be acconnpanied by proofol'acccptancc li)rmaintenanceand prool'ihat thercare no or liens against the property. h. The Council,or its authorized representative, shall review the request. II'the requirements of'tile Development Agreement concerning that portion requested for release have been complied with, the appropriate document of release shall he recorded with the County Recorder's Office in the County in which the projccl is located. C. Release front the Development Agreement (foes not constitute it Certificate of Conlpiction and Release of'Responsibility, 2. 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, 35-76. ANNEXATIONS. A. Purpose. In accordance with State stntuteS, land may be annexed or de-annexed from the City as decnned appropriate by the Council. 113. Applicalpflily. Any lands to he addcd to or deleted 1roln the corporate limits ofthe City shall comply with this Section. C. A 1 lication and Review Procedures. Application requirements and processing procedures shall cane pl with I P I I 1 I !.,{ l Y those desci ibcd in applicable state statutes. A summary of thcSC procCClures is available from the office of'the Director. D. Review Criteria. The application shall meet all applicable stalutory and city administralive requirements. A complete copy of these requirennelts is available from the office of'(lie Director. E. Decision-IIIal(er. The Planning Commission shall review the application at a public hearing in conlbrnuulce with Section 35-70 and shall make recommendations to the Council. The Council shall approve,conditionally approve or deny approval of all applications I61'anilexalioll of Contraction of the municipal limits. h. Zoning of Annexed Properties. H. Voluntary Annexations and Annexations by Petition. band that is voluntarily annexed or annexed by petition shall be classifiedas Rt_1 Rural Use District, unless a plan is submitted tier its use with the annexation pctilion. Where a land use plan is submined, a zoning plan shall he processed simultaneously Witt; file petition for anm;xation. 1). Involuntary Annexations and City-Initiated Annexations. Land that iS involuntarily annexed by the Uity shall be zoned in accordance with the flan oI'Iiltent toil district Illat is Cons istenI Willi existing development pallerns,Comprehensive Plan and Development Plan Map, C. Nothing herein shall preclude the filing of an application file rezoning aflcr life property has been annexed. MARCH 19,2002 162 Cif►+ Zoning Ordinance 35-77. VESTED RICiI1'1'S DI?'I'6 RMINATION. A. Purpose. The vested rights determination lfrocedure is intended to determine whether an applictint has acquired it prolected status that requires the City to permit if development to proceed contrary to existing or amended land use regulations. B. Applicability. The detcrnlinatioa of vested rights applies to developments and permits that were approved or issued of-were ill the process of being approved on or before the dale of the adoption ol,this Ch-dinance. C. A pplication and Review Requirements. The Director shall prepare a report detailing the specific provision(s) of, this Ordinance thtit are in question, his interpretation of the provision(s) and the general basis ol• the interpretation. I. A legal description of the subject property and the names of the legal and caluilablc owners; 2, d he duration ofthc 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: �1. A description ol'the public facilities That will service the proposal development, including who shall provide Stich facilities; the elate any new facilities, if needed will he constructed; and a schedule to assure public lacilitics are available concurrent with the impacts ol'tbc development; S. A description of any reservation or deliciltion(if land lire public purposes; h. A description orall cfevclohment uppr•(ivals,permits, or othc►• local or stale approvals needed felt'the proposed development: 7. A description ofany conditions,terms, restrictions,err other requirements determined to be►lecessary for the preservation and protection of*the public health, safety,or welfare: 8. A statement indicating that the omission(it'll limilation or restriction shall not relieve the applicant of the necessity of complying with all applicable City, ,talc and federal laws; 9. A phasing plan indicating the anticipated Coll uncncenlent and completion elate of all p11uses of tilt' propose.) development; and 10. A statement that the City shall review progress pursuant to the development approval at Icast once every 12 months to determine il•there has beer)demonsu;)tel good faith compliance vvilh the terms ol• the dcvclupnu;nt approval, II'file City Inds,on the basis ol'substantial competent evidence,111,11 there has been a failure to Comply with the terms of the development approval,the approval may he revoked or modified by the City, after,1 public hearing which has hcert noticed by publicalion, and for which notice has been expressly provided to the applic)ult, 1). Review Criteria. The application shall be denied unless life applicant dcnionstratl:s compliance with the Following criteria: I. Entitlement to development approval on the basis (d,detrimental reliance, r.c„ the initial application • lief• development approval was tirade by the applicant and approved by the City; the City had till opportunity to require the applicant to Submit relevant inlornuttiun, including, but not linlilell to, adequate public Iacililie::data;the applicant has prucet'd:d in good faith;and no approvals or permits have lapsed or hcen revoked; or MARCH 19,2002 10 2, 1111titiclltc111 to development approval(ill the basis ofother ves(ed rights under it fly applicable sttlte Iaw. I:, Decision-ntitl(er. The Planning and Zoning Contnlission shall review the application at a public hearing in conl'orntanec with Section 35-71.1)and shall make recommendations to the Council. The Council shall approve, conditional Iy approve of-tie fly approved ol'aII vested rights detcnninnl ion s. I fthe applicant is found to be vested, the Council shall enter into it I)cvelopntcnt /1grcCnlCltl Willi 1110 applicant tiOCC11)�Illg II1C ICI1113 or Col1ti11llCd development. II'the applicant is Round to he not vested, file development application for which the applicant mtlde the vested rights clai►n shall be considered void, h. Validity, n vested rights determination Shall he valid 1,61,the term speciI led in the Development llgrecntctit, li'llic applicant Bails to otter into it Developmew Agrecntcnl,the vested rights dcternti lint ion shall be vi►lid for Iwo years. 35-78.THROUGH 35-79. RESERNI1 D, MARCIr 19,2002 164 C.'it'y of,/c.&,rtiurt 2nuirr ► Ch-dinancc► ARTICLE Vlll. i:NFORC AIh:NT, VIOLATIONS AND PENALTIES 35-80. AUTHORITN'1.01?NFORC:1':l.,t)NIN(: ORI)INANCI?. A. Enforcement Official. 'I'he provisions of'this Ordinance shall he administered and enforced by the Director of*Community Development or the Director's designee. B. Action of the Director, Hie Director may institute any propor action or proceedings to cnfot•cc this Ordinance pursuant to §89.120, RSNIo„ and any other appropriate itilliority. C. Cooperation of* Other Officials, The Director nuay request and shall receive, so iitr as may be necessary in the discharge ol'his eludes,the assislance and cooperation of other departments,including hill not limited to the Director ol'l ransporlalion 10r street,11"11,11c mid other transportation matters,the Finance Director, in business license and other lmance related matters, the Chien of Police in enllorcing orders and other police na;aUcrs,and the City ProSeculor in prosecuting violations,or other ol•licialS. 35-81. VIOLATIONS AND 1111,:NALTIES. The remedies provided in this Article for violations of ally provision of this Ordinance, whether civil ot- criminal,shall be cunurlativc and shall he in addition to any other rentcdy provided by law. Except as otherwise provided in this Ordinance,any development or use initialed after adoption of zoning in the City,of-maintained in violation ol'tltis Ordinance, which is not in compliance with the provisions of this Ordinance is prohibited and shall be reterred to herein ,Is an "unlawl•ul" developinent or use. ® 35-82. '1 WES Of VIOLATIONS. Any of the following shall he a violation of'this Ordinance and shall lie subject to the remedies and penalties Provided for in this Article: A. Use,Structure or Sign Without Permit or Approval. TO place any use, stRuclure or sign upon land that is subject to this Ordinance without all ol•the approvals required by this Ordinance. B. Activities Inconsistent with this OI-dillanl'e. To creel,construct,reconstruct,renwdcl,alter•.maintain,move, Of-use any building,structure of sign,or to engage in development or subdivision of any land nt contravention of,Illy zoning, subdivision, sign or other regulation ol•Ibis Ordinance. C. Activities NVithout Permit u+-Approval. To engage in any dcvclapnxnt, construction, rcnaocleling or other activity of any nature upon land that is subject to this Ordinance v;ithout;all of the approvals required by this Ordinance. 1). Activities Inconsistent with Permfl. fo engage in any development, use,construction, remodeling,or other activity of any nature in any way inconsistent with the terms and conditions ol•any permit,approval,cerlitie,Ite or other loam of authorization required in order to engage in such activity. I;. Activities inconsistent with Conditions. To violate,by act oronlis.sion,any term,condition,or qualification placed by a decision-making body upon any permit or other form of authorization. l;. Making Lots or Setbacks Nonconforming. To reduce or diminish ,lily lot area so that the size,setbacks or open spaces shall he Smaller than prescribed by this Ordurutcr. G. Increasing Intensity of Use. To increase the inlcatsily of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this Ordinance. MARCI 119,2002 105 _Qv qJ',1c1•iw.yon Zoning Ordinance H. hailare(oRenwveSigns(vrOf het-lntprovr►ncutx. folaiI it)Iem oven fly siZ,nurolhcrirllprovcnlCntinstallCd, created,creoled or maintained in violation of this Ordinance, or li)r Which the sign hermit has lapsed. 35-83. ENFORCEiYlh,NT. A. Procedure. Whenever the Dira:Clor finds; that any ol'tile provisions of*this Ordinance arc being violated, he shall Notify, in wriI ill g,the Imson(s)responsible for Nil uIf vlolalioms, llldlCAllllg lIf the IIOIiCC the m111.1re OI'lhc violation and the actions ordered to be lakcn to correct the violation. 'I lie Director shall take such actions or' issue such orders or directives aS rare Mthorved by this Ordinance to insure compliance with or to prevent violations of its provisions. 13. Actions,Orden arad Dit•eetives. The Director shall have the authority to establish p1 iorities for the abatement or zoning violations and implement appropriate procc(lures or remedies is provided in this Article to abate the violatirnls. In addition to all other powers conferred upon the Director by this Ordinance, he shall have the power to issue appropriate written orders or directives to any person deemed to be responsible I*)r a violation of this Ordinance. Fa i Ili re ofthe aIleged violator to promptly comply with such lawlUl orders of directives shall be deemed a violation ol,this OrdinancC, punishable as provided in Section 35.97 and §89.120, RSMo. The following relllcdics and enforcement powers may he used by the Director, or the Director's designee, to administcrand cid'orcc this Ordinance: I. No Action. Afler careful consideration ofthe facts and circumstances,the Director play authorize no action be taken oil it complaint of an alleged Zoning violation. 2. Agreement to Abate. The Director relay enter into an agreement with a violator to abate the violation within a certain time frame based upon certain conditions within file agree all. 3. Notice and Order. The Director play issue a notice and order to (lie violator ordering the cessation of the illegal condition within the time period designated in §91).120.3, KSMo, 4. Withholding;of Pe►•nlils. It. Withholding o1'Permits oil Sites With Ulleol-f-Mcd Violations. The City may deny or withhold all permits,certificates or other forms ol'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 file City. This cnforcemlcnt provision shall apply regardless of whether the current Owner, owncr's: agent, tenant or lessee, of applicant is responsible fin•the violation in question. b. Withholding;of Permits I'rom it Person as it Resull o1'Uncorrected Violations. The City nlay deny Or Withhold all permits,CCrlifiCatCS Of-other forms 01'1111.10106Z,10011 on any land or structure or improvements owned or heing developed by a person who owns, developed of- otherwise caused am uncorrected violation of this Ordinance. This provision shall apply regardless of Whether the property Coe Which the permit or other approval is sought is the properly in violation. 5. Permits App►'oved lvith 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 cat' Permit. Written IloliCC of eeVOCatiun shall be SCITC(I 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 pOted in a pronlinCnl Iocation. Thereafter, no Such COI1tiN'l1Ctl(1I1 tihilll pl'OCC`L'd. A11y deVClopnlent pernlit or other form of uuthorizatirnl rcyuircd under this Ordinance may be revoked when life Director doorilllnes that' MARCIf 19,2002 100 City n/'A!ferson Zoning Ordinance a. there is departure from the plans,specifications,or conditions as required under terms of the penl;il; b. the development permit was procured by false represeltution or was issued by mistake; or C. any of the provisions of this Ordinance are being violated. 7. Stop Work. With or without revoking permits, the City may order work to discontinue oil any building or Structure on filly land oil Which (here is an uncorrected violation of it provision of this Ordinance or ol'a permit or other form ofauthorization issued hereunder, 8. Revoke Plan or Other Approval. Where it violation of this Ordinance involves a failure to comply With approved plans or conditions to which the approval ol'such plans was matte subject,the Council play,upon notice to the applicant and other known parties in interest(including tiny holders of building permits affected) and alter it public hearing, revoke the plan or other approval or condition its continuance on strict conlpliunce with this Ordinance, the provision of security to ensure that Construction is completed in conlpl ill lice Willi approved plans,or such other conditions as the Council may reasonably impose. 9. Injunction and AbateueM. 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 Coll't against any person Who fails to comply with any provision of this Ordinance,or any requirement or condition imposed purSUant to this Ordinance,to peevetit,enjoin,abate,or terminate violations. The City may seek it court order in the nature of mandanluS, abatement, injunction or other action for proceeding to abate or remove it violation or to otheiwise restore the premises in question to the condition in which they existed prior to the violation. Municipal Court Action. The Director may issue it General Ordinance Complaint to (lie violator 10. c p Y I requiring appearance in the Municipal Court for abatement of the violation. 35-84. NOTIFICATION PROCEDURES. Whenever it violation of this Ordinance occurs, the Director, or other authorized representative, shall give written notice of.tiuch violation either personally or by regular United States mail to the owner(s) of such premises,or to the persons)responsible for such violutioll and may post such notice on the premises. The letter shall direct that within tell days following receipt of the Written notice,the violation shall be corrected. 1 f after such tittle, but within five clays, the violation continues or reoccurs, the City may issue it General Ordinance Complaint. It'ill(,, violation is abated, bill occurs again at it later date, the City is not required to r'cnotify the same violator of the same violation. 35-85. RIGIIT OF ENTRY. The Director,or the Director's designee,shall have the right to enter upon any premises at any reasonable tittle for the pui7pose ofcarrying out his duties in (lie enforcement of this Ordinance,including abatement ofzoning violations. 35-86. SEPARATE OFFF,NSES IVLt+Y BY CIIARGEM. Each clay that a violation remains uncorrected alter receiving notice of the violation from the City shall constitute it scparilte violation of tills Ordinance, 35-87. i'ENAI.'1'iES. I Ile glVtlel'ep1'geipCt'a{agent,tenant or lessee, u1'u building or p1'cmises,or any part ►heroof, where a violation of any provision of this Ordinance: has been committed or shall exist, or architect, builder,contractor or any MARCH 19,2002 10 — C'it n Je ferson Zoubm Ordinance 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 n line ofnot less than$100.00 nor more than $500,00 for cach and every day that such violation shall continue. If the offense is found to be willful, on conviction thereof, the punishment shall be a tune of not less than $250.00 for each and every day that such violation shall continue or by imprisonment for ten days 1'or 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 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 sub.icct to a civil penalty of$250.00. 35-88. REMEDIES CUMULATIVE. The remedies and enforcenncnt powers established in Ibis Ordinance shall be cumulative. 35-89. RESERVED. MARCH I9,2002 168 ,'P Go,(lf,A tL)-,Sfln Zoning ol'lt'fnUltee. ARTICLE IX, 11M INITIONS 35-90. 1'UR1'OSE O1 1)I?hINI'I'1(.3NS. The put•lwSC ofdefinitionS is to simplify the text ol'fhe Ordinance (o precisely establish (lie meaning ul'a word or term to avoid confusion,ill isintcerpretatioll, vagueness and anthiguity,aitc.f to make abstract technical terms mcaningrul to the reader. In certain case where federal and stale regulations apply, the definitions used in the rederal 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 Wcbster's Third New International Dictionary Unabridged. 1993: 35-91. ABBREVIATIONS. The words sill(] terminology used in the Ordinance may Brunt time to time be abbreviated Im 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. 35-92. DEFINITIONS. AASIITO, American Association of Stale I lighway and 'Transportation Officials. Abutting. For the purpose nf,this Ordinance,abutting shall ntcatt properly joined at a common boundary. Ad. The Federal COnlniIlniCations Act of 1.934 as amended by the '1'ciccumnwnic itions Act of 1996 and as may, from time to tine, be amended. AGL. Above ground level. ANSI American National Standards Institute. ' ' � T'ti.riClT�ulL l;�tLLI�i�L� ASTM. American Society For Testing and klaterials. Accessory Building/Structure. A subordinate building.the use ' of Which is incidental to and cuslomary 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 Cor an i i,uLi {is t'isle example of an accessory building. An accessory structure also i includes fences,pergolas,decks, arbors and the like, Accessory Use. A subordillalc use Which is incidental 10 ;sad customary in C!)m1CCtiOn With the principal building or Ilse and Fxhibil 35-92A - Accessory Which is located on the Same lot with Such principal bIlildlnLI or Structure, Building Ilse. Adequate Public Facilities. 1.acilitics determined to lie capable ofsupporting and servicing the physical area and designated intensity ol'the proposed subdivision as determined by the Council based upon Spccif is levels ol'scrvice adopted by the City. Adjacent For the puiposc of this Ordinance,adjacent Slrili mean lying 11C,11'01'next to the property bc.xindary, exclusive or land within the public right-uf•-way, Agribusiness.Any agricultural business or activity described in the LICllniliOlt ofagricultural activity. Agricultural Activity.Agricultural activity,including Forestry and 16rest products,harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising ofcrops, fruit and nursery stock, fish rarms, and fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and MARCH 19,2002 169 Lar c► 'A 'ivvon /,n►ti ► 11►cii»u►►cc selling of,products pro(lucc(I on the premises, and incidenl,ll farm occupalions and uses such as nmcllinery, I'arnl equipnll:nt and domestic repair and Construction, excluding conunercial feed lots and animal kentlels. Airport A place where aftplanes can take off and land, j r.�N►cm, usually equipped with hangars, facilities fur refueling and repair,and various accotnttmdslttons liar passcngct•s � Aliquot, A fractional part ol'seclion within the I lniled States Exhihit 35-9213- Basement: public 1all(I survey sySlenl. Oil IV the fractional parts one.,haI I', When "A" is greater than "B" onc-quarter, one-hair of one-quarler, or one-quartcl• of, onc-(µlamer shall he considered an aliquot part of a section. Alley. A public or private thoroughfare which alTords only a secondary means of access to abutting property, Amusement Center.A place in which gallles including,but not limited to,pinball machines and sinlilarcoin- opct•ated nutchincs,electronic video games,table gatues,billiard tables,skating,bowling and membership sports and health clubs are made available fin•use by the public. Amusement Park. A facility,primarily ouldoor:s.That nuly include sU'ucturCS and buildings, Where then arc various devices For entertuillnlent including rides,booths for the conduct of games or sale of heats,buildings Ior shows iin(] elltcrtainmellt, 1' SWI1ra111S Mid SOLIvelln'sales. Antenna. Any device that traiisilllts and/or receives radio waves Ior voice, data o1• video communications ® purposes including, but not limiled to, television, AM/Flvl radio, microwave, cellular teicphone and similar litrms of contnuntications. '1'hc term shall exclude satellite earth station antennas less than two meters in (I ianicter(mounted within 3.66 meters or 12 Icct ol'thc ground or NIiIding-lltounted)and anyreceive-only flome television antenna. Antenna Support Structure. Anybuilding orothcrsU•ucturc other than a lower which cull be used ror location Of'teICC(lnllltnllieiltiOttS facilities. Apartment (louse. A building divided into Ihrce or more dwelling units. Apartment, I flicieney. 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 (it'file aquifer through which water enters. Assisted Living Facility. hesidenc", 101 the Clad elderly or F01. the sheltered care of persons with special needs,that provide rooms,meals,personal care alter supervision of'scll'-adntinisterCd medication. I acilities play provide a Combination of services such as recleutimial activities. financial services, social and personal counseling uud U•(utsp011,16011. Airium Iluuse, Dwelling units constructed around;tit 0IN-11 court or central hall. The Atrium may be open to the sky or enclosed in glass. Blur or'I'avern.An establishment serving liquor by the drink on the premises deriving over 50 percent ofgross revclnlc I'ronl the side nt'alcoholic bcvcragcS. Basement. A sto►•y having part but nor more than onc-half of its height below grade, A basement is counted as it slory 1,61.the purpose (1I height reglllaliolls if'subdivided and used liar dwelling purposes other than by a janitor employed on the premises. See exhibit 35-9213 for an example of the location Ohl basement, Wiwi1 19,2002 170 Citi, o?/, , 'i,rwon Zoning' Orddinunce Bed and Breakfast llome. Overnivilt lodging and morning meal in a dwelling unit for Compensation, ill accordance with Section 35-41.1.1, where not more than two guest rooms are provided. Bed and Breakfast Inn. Overnight lodging and morning meal for traveler~in a dwelling unit forconlpensation, in accordance with Section 35-41,13, where three or more guest rooms are provided, Berm. A mound of earth or the act of flushing earth into a nloun(L Also used as a verb to describe the act of building a mound of earth For screening or a laildscalle buf Ter. Fxhihit 35-92C provides an example ofa berm, Board. Means Board of A(Ijustment as established in Article VII of'this Ordinance. Exhibit 35-92C-Berm Boarding House.A building,other than a hotel or apartment hotel,, where for compensation and by prearrangement Ior definite periods, lodging,meals,or lodging and meals lure provided for three or more persons, BOA, Board of Adjustment. Building. Any structure having a rool'supported by columns or walls for the shelter or enclosure ol'persons or property, Buildable Width, The width of the lot left to be built upon after the side yards arc provided. t-.00attoK,Of Cabinet, AStr-uCture for tile protection and security TreeTrIAKle ' I I f II mwsurLtMeKt Of CO111111111liCatiOlIS C(1f Llipment associated lvitll one Lt or more antenna where direct access to equipment is 21/� provided from the exterior and that has a horizontal —A A k—a dimensions that do not exceed flour feet by six Ieet, and vertical height that does not exceed Six fCCt. Eshibft 35-921) -Caliper Caliper. The diameter ofa tree trunk.. See Exhibit 35-921) for an example of measuring the caliper of a tree. Capacity. The nlaxinuurl number of vehicles that can be accommodated by a given major roadway during it specified time period under prevailing roadway, traffic and control conditions at the adopted level ol'sevice. Car Wash. A Structure C011tailllllg facilities tin•washing automobiles. __.--.--------_-__._ — r-u,nni-i OVZAOe: Cellar.Thal part of a building having more (Ifftfiii�Utllt�il3tiltil tu�Pltiit;lidil - - ` — lUl IiI11 �iitN11l1tQif than one-hall' of its height below the average grade of the adjoining grouncl. See Exhibit 35-921.: For an example of how a cellar is located, ..__.__-..----- ---_--_-- Exhibit 35-92E-Cellar: Change of Use. Any use that Substantially NN/hen "13"is }treater than "A"or When "B"is equal to"A" differs from the previous use ol'a building or land. Chut-ch. A building or structure,or group of buildings or structures that are primarily intended for conducting organized religious services and associated accessory uses. MARCH 19,2002 171 City o 'Jcy 'ire-sore' toning Ordinance - City. 'I'he City of Jefferson,a municipal Corporation, ill the State of,Missouri. Clinic. An outpatient Cstablishnrcnt :vhele,paticnls are not IndgCd overnight but are admitted for examination and treatment by one or more physicians, dentists or medical prolcssionals including chiropractors, psychologists or social workers. (:hub. Buildings and lacililies owned or operated by a corporation,association,person or persons fora social, educational,or recreational purpose,but not priminrily 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 ofenvironn►entally-sensitive Icatures. Cluster Subdivision. A firm of development that provides rccluced lot area and hulk without an increase in (he number of lots provided or overall density under a conventional subdivision and with the remaining land i11'Cil (1CV(1(Qd to OpCll tipilee,iletivC 1'eel'eiltl(ln,pI'esetVa(totl OI CI1VI1'1111r11Clllillly^Sellsl(IVC'areas,of agriculture. Exhibit 35-92F provides an example of i cluster subdivision. Code. The Code ol'the City ol'Jefferson, Missouri. College. An educational institution authorized by the state to award post high school associate and secondary degrees. Commercial heed I,ot. A coil[mcd arca or structure used for feeding, breeding or holding livestock For eventual sale,but not including barns,pens or other structures used i 1 in a dairy farm Ol)c'J'it110I1. i Commercial Use. Activity involving the sale ofgoods or services carried out fora profit. � Commission. 'file Planning and 'toning Commission of i Jefferson City, Missouri. i JJ Committed Development. A project that has rcccivcd a building permit, final development order, or final collcurrcncy determination. Common Open Space. An open space ar'ca within or l?xhibit 35-92F-Cluster Subdivision related to a dCVCloped site, and desigllCd and intended fin' the use or enjoyment of residents and owners ol'thc development. Common open space may at tinges contain complementary recreational sullctures and improvements (or the use and enjoyment of residents and owners of the development, as nlay be approved under a planned-unit of similar plan. Coil)ill till ications. The transmission, between or among points is specified by the user,ol'information of the user's choosing, without change in the form or content of the information as set or received, by wire, radio, optical cable, electronic impulses, or outer' similar means. As used in this definition, "inf'ornlation" meads 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 he related by blood,marriage or adoption,who live as a single housekeeping,Unlit till'same i►s i►l'anlily. Community residences include assisted living facilities Im elderly persons,elder homes,hospices,shelters and other group MARCII 19,2002 172 living arrangements,but foI the purposes ol'this ord11umIce, do not Ile lude group Iro[Ile",penal halfway houses or teattticrrt facilities (ilr'substance abuse which are delined separately. Community SerVICC. USCS of lulblic,nonprofit,philantiu•opic or charitable n:uure venerally providing a local service to people of the community. Contpostable 1711ferials. Leaves, grass clippillps, yard and garden vegetation but not stumps, roots or vegetation with intact root halls. Composting Site. A place where the public Inav brine compostable malerial which is then recycled into usable compost. Conditional Ilse,A use allowed in a Toning district after a hermit is granted by the 13oard of Adjustment upon shoving that the Ilse will comply with standards established in Article VII. Condorn ill ill Ill. A building, or grollp of buildings in which dWC11ing units. offices, or Iloor area are owned individually, and the stucturc, connnon micas, and facilities are owned by all owners on if proportional, undivided basis. Condominium Development. A development in which individual ownership in Ice is restricted to that which is within the walls ordesignatcd bounds ol'a unit,and coIICCIiveowrershiI)app Iics to all other land and facilities beyond the Individual unit;. A residential st•uclurc in a condominium development is: (I) a single family dwelling if'the Structure contains one dwelling unit; (2) a two flintily dwelling if the structure contains two dwelling units:(3)an apartnCnt iftIIC Structu'c Contains three or more dwelling units:or(4)a Ill dtiI)le(IweII ill g if the st'uCturc contains three or 11101-C dWC11ing units. Contractor art(I.1'radc silol). Shop with storage of material,and goods for eventual Salt'or installation oIT-site for the use of contractor or tradesman such as upholsleer, plumber or electrician. CA111'CniCIICC S(ore, Small Stott Serving I)CrsonS in itdjacent areas and limited to the sale of limited grocery items, magazine, newspapers and other limited items where gasoline Saks n►ay of- may not he Imillitted. Council. The City Council of.lcf,lerson City, Missouri. Courtyard. An open space more Ihan one-halfofwhich is Surrounded by buildings. Cultural Facilities. EstahlishmenlS that dl1C1.1111Cllt the Soci,.tl,religious, intellectual and artistic muulil'estations that characterize society, including nulscunlS,art galleries and botanical mitt zoological gardens. Day Care. The care ol'a person away from his own honk:on either a commercial or non-counnicrcial basis For custodial,C(ItIC:lt011:ll. I'CllgiMIS of olhCI'I)tll'pl1SCS tin•any 1uu t of a 24-1101.11'day,providing that nothing herein Contained Shall be cOnSt'uCd as applying to lilt-- regulally estahhshed public or parochial sehools, colleges, univerSilieS, academies or semim:u•ics. a. Day Care Center.Ad till. A facility other'than the provider's permanent residence:,or separate from the provider's living eluarters, w:ICre care is provided for adults Ii,r part ol•the 24-hour clay. b. Day Care Home, Adult. A dwelling occupied as a permanent residence by the provider, in which fannily-like care is provided to seven(7)but not more Ihan the(10) adults for part ol•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 u, no more than six (6) adults Ior part of the 24-1101.11'day. d. I):ry Cllt'l'Center,Child,A facility ether than the ptovidw';; lnrnuutcnt residence„ o1. separate froth the provider's living quarters, whew rare is provided for children for part of the 24-1101.11-day. For tAmwit 19,2002 1 7.1 City c Vf_!1 i.'rscarr 7.oning Ordinance _ (lie puq)oses of these regulations, a clay care center includes child care centers and group child earc homes as deI!ned and regulated by Missouri Department of I lealth,Chapter 210 RSMo. C. Vary Care Ilonae,Child. A dwclling occupied as it pentianerit residence by the provider, licensed by the State of Missouri Division of Family Services, in which family-like cure is given to seven (7) children but not more than tell(10)children not related to the provider for any part of the 24-hour clay. f. Day Care Service,Child. A dwelling occupied as it permanent residence by file clay care provider, in which Family-like care is given to no more than six (6)children not related to the clay care provider For part of the 24-hour day. Decibels or dBA. Decibel is a unit of'sound pressm-c level used to express file 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 ofexisting land use or change to improved or unimproved real estate including,but not limited to,building or other Su•uctureS,Ininiog,dredging, tilling,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 1'liur. The future lane) use plan 01'111C City of.lcffcrson, Missouri C'omprehensivc Plan. Director. The Direclor of C'onimunity Development of the City or a designee. Public Works Director. The Director of the Department of Public Works of .Icfferson City or a duly authorized representative. Display,Outdoor. sec Outdoor Display. District. A part ofthe City wherein zoning regulations of this Ordinance arc imilorm. Dormitory. A building used as group living quarters li,r a student body or religious order as an accessory use 121•a college, university, hoarding 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 permil,, 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 he entertained while remaining in an automobile. Drive-In, Drive-Through Ilse. An accessory or principal Ilse which provides its sales and/or services to individuals in automobiles, Drive-in Theater. An open lot dCVelled primaril)'to the Showing ol'motion pictures on a paid admission basis to patrons seated in automobiles. Duplex. A dwelling containing two single-fancily tkveiling c.ucits with totally separated housekeeping and cooking Facilities Fill•each. Dint Collection System. An air pollution conu•ol device to trap fugitive dust. Dwelf ug. Any building or portion thercol'which is designed and used for residential purposes by an individual or It Family. Dwelling,Multiple. A building designed Fin'or occupied exclusively by three or more lan►ilics. MAttctl 19,2002 17.1 City 4Jcfferson Zoning Ordinance _ !Dwelling,Single Family. A building(Icsig led for or oct:upied exclusively by one family. (Dwelling,Two Family. A building designed liar 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. i:asement. An authorisation by a property owner for another to use a designated earl of his property fora specified purpose. Engineer. Any engineer licensed by the State of Missouri. Esseulial Services, Services provided by public and private utilities necessary for the exercise of the principal ttse or service ol'the principal structure. 'I'hc services inclu(ic underground,sut•face,or overhead electrical,bas, steam,water,sanitary Sewer,storm water drainage.and Communication systems and accessories thereto,SUCK as poles,towers,wires,main drains,vaults,Culverts,laterals,cisterns,Sewers,pipes,catch basins,water Storage tanks,conduit cables,traffic signals,pumps,lilt stations,wCll',,and hydrants or dry hydrants,but not including buildings. FAA. The Federal Aviation Administration. FAR. Floor Arca Ratio. j FCC. The Federal Communications Commission. .� Family. One or more persons occupying a single dwelling unit, living as a single housekeeping unit on a long-term basis, whether or not related to each other by birth or marriage, as distinguished from a g►oup occupying a boarding house, 10(Iging 11auSC or hotel. A family, as Exhibit 35-92C - Floor Arca Ratio defined herein,may include up to live unrclate(I persons or any number of persons related by blood, marriage or adoption,provided that the number ol'persans residing in the dwelling does not create overcrowded conditions and violate the BOC'A Code, Life Safety Code or other adopted building, lire and Health codes. Farm. A parcel 011,111d used liar agricultural itCtivitieS. Farm, Animal Ilusbandry. The raisin; and managcmenl of cattle, horses and other livestock, livestock grazing and pasturage, lisp farms,but not including animal kennels or Iced lots Form, I lorticulture.The planting,harvest and management oferops, fruit and nursery stack;truck gardening; including the processing, packaging, packing,shipping anti selling of products produced on the premises. Fault Area. Area subject to earth mowncut. Fence. A structure for enclosure or screCning, provided however, the 161lowing shall not be considered as fences under this definition; I. A forced enclosure which is completely covered by a roof. 2. Protective screens or bar,over v.,indows, doors and other openings attached sceurely to the • walls ofa building and not extending more than three inches fron,the wall to which they are attached. 3. Any structure located in a completely enclosed building. MAR(.'!l 19,2002 175 Cite of'Jeffertiorr I,afinb► Ordinance _ Flea Min-ket. A ilea market or swap meet is an occasional or periodic niarlwt held in an open area or structure where groups of individual sellers oflcr}foods tier sale to the public. Floodplain. The channel and the relatively flat area adjoining the channel ofa 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 ofwulls and includes the total ol'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. Footeaudle. A measure of illumination on a surface Ihat is cveryWherc one loot from a unifirrm point Source of light of one candle and equal to one lumen Pcr square foot 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. Fratemal organizations include sororities, Knights of Columbus, Mason, )aks,Vi:W 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 file line of fhc street,or ifthc Street is dead cndcd,then all ofthe property abutting on one side between an intersecting street and the dead end ol'thc Street. Future Land Use Category. Land uscS claSSiliccf for use in the future as shown in the Development Plan of the Comprehensive Plan for the City of.lcfferson, 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. Gross Density. The total number ofdwelling unit,divided by the total acreage of residential and open space land. GFA, Gross Floor Area. Cross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended fir occupancy or Storage, Nut excluding any space Where the floor-to-ceiling height is less than sir feet. Croup Child Care llomc. As defined and regulated by the lvlfssouri Department of l leallh under Chapter 21 U RSMO, a child care facility where I 1 to 20 children are cared For in a fMi fly-like day setting. MARCII 19,2002 176 Ci(p f)f Jc►f I"VOn Zoning Ordinance _ Group Ilome foe-Mentally,Developmentally and I'I►ysically I landicapped Persons. A residential fltcility, as defined by RSMo.1 89.020,2,where up to eight mentally, developmentally anti physically disabled portions and two house parcn(s, unrelated by blood, marriage or adoption, re�,icle as a lankly unit in a single family residential dwelling, provided, however, that (lie number of persons residing in the home do not create overcrowded conditions and violate the HOCA Code, Lille Safely Code, or other adopted building, fire and hcalth codes. Meals, lodging,supervision and training arc provided for the residents. Group Living. A living situation in which it group ol•persons reside but not as it single housekeeping unit. Group living includes boarding hOIItiCS and dorrllilorics. Guest Ranch. A ranch or similar facility where people have transient accommodations f'or lodging and lood and ride horseback and parkelpate ill other recreational activltics, I labita(,Endangered. The natural home ofa 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 liar lilt. 11:11fwlty Ilouse. See Residenlial Treatment facility, Penal. Ilazardous Material or Waste. 1 fazardous nmlerial or waste shall mean any material or waste which; I. Because of'its quantity,concentration or physical,chemical or infectious characteristics maycause or significantly contribute to an increase in mortality or au 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,dosed,transported or disposed of',or otherwise improperly managed:or .. Is identified or listuI as a hazardous waste y 1 I u administrator, USF PA,pursuant to the Federal Solid Waste Disposal Act(fSWDA),as amended by the Resource Conservation and Recovery Act(RCRA) of 1976,and the I lazardous Solid Waste Amendments(1-ISWA)of 1984,42 U.S.C. 12601 cal.seq.;or 3. Is required to be accompanied by a written nlanilest or shipping document describing the Waste as "InizardOUS waste", pursuant to any state or Federal law, inclttdrng but not limited to the FSWDA,its amended by the RCRA,and the state and Federal regulations promulgated thercundcr; or 4. Contains polychlorinated biphenyls orally other substance,the storage,Ireatnlent or disposal of which is subject to regulation under the federal Toxic Substances Control Act,as aimmded,42 U.S.C.19601 el. .Y(,q. and the state and Federal t•egulalionS promulgated thereunder; or 5. Contains a "reportable quantity' of'one or more "hani'douS SubstanccS", ns delllled in RCRA is amended,and the state and Icde:ral regulations promulgated thercundcr or 6. Contains a radioactive material, the storage or disposal nfwhich iS Subject to State or federal law and the rcgulationS promulgated thereunder. Health Care Facility. A facility or institute, whether public or private, principally engaged in providing services for hcalth maintenance,diagnoses or treatment cal human disease, pain, illjury, deformity or physical condition,including,but licit 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 honle, intermediate care lacility, outpatient clinic, dispensary, home health care agency, and bioanalytical laboratory or central services lacility serving one or more institutions but excluding institutions that provide ® healing solely by prayer. hleight, Building. The vertical distance measured ill accordance \6111 Section 35-5 1.13. of this Ordinance, MARCH 19,2002 177 �� City of Jc�­rcuq Zoning Ordinance _ I(eight,8U•uchu•e. The verticaI distance measured from the average grade cif the base of the str•ucturc at ground level to its highest 110int and including the main structure and all attachments thereto. Heliport. An area, either at ground level or elevated on a structure, licensed by file Iederal government or approlirittte stale agency and ap11rcrved fin•the loading,landing and t►keoffol'helicoptcrs and including auxilituy facilities such as parking, waiting room, fueling and maintenance, Ilelislop. A heliport but without the auxiliary facililies. IIonic Occupation. An occupation or a prolcssion which is accessory and incidental to the residential use of the property, Ilospital. An institution providing primary health services and medical or scu•gical cure to persons primarily suflcring from illness,disease,injury,dell►rmities and olherabnornml conditions. The institution includes,as ;u►integral 11,111 ol'il,related kicilitics such as laboratories,outpalicnt Iucililies,(raining lucilitics,medical ol'f ices and stalTresidences, hotel. A building in which lodging is provided and offered to the public for compensation,and which is open to transient guests in contradislinetion to a hoardinghousc or lodging house as herein defined. Household Living. Persons living together acting as a single housekccping unit in a single dwelling unit,with common access to and having common use of all living and eating areas,and either areas and lacrhtes for the preparation and serving of food within the dwelling unit, Instillation. A non-profit establishment fin•public use. Institutional and Civic Use. Nonprofit, civic, religious Or public uses such as libraries, public or private schools, hospitals, government owned 01'Operated building,structure or land used for public 111,11•poses, Interstate Highway. U.S. I lighways 50, 54, and 63, Junk. Dismantled and inoperable vchieles,machinery,and appliances or parts of'such vehicles,machinery or appliances; scrap copper, brass, rope, rag:;, batteries,paper,rubber•debris, iron,steel or other metals;and any object which does not function as the manufacturer inlendCd. 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 orsalvaged material or equipment are bought,sold,exchanged,baled or packed,disassembled, kept, slored, Or handled, including house wrecking yards,auto wrecking activities,used lumber yards and places or yards liar storage of sah'aged building materials and structural steel materials and equipment, hill not including areas where such uses are conducted entirely within a completely enclosed building. Kennel. An establishment where small animals are boarded liar compensation, or where dogs, cats or other small animals are bred or raised on a commercial basis, Landscaped Arco. An area that is permanently devoted and maintained to the growing ofshrubbery,grass and other plant material. Laundromat An establishment providing "vashing, drying, and/or dry-cleaning equipment machines on the premises for rental use to the general public. A l.aundrontat is primarily a self-service facility but an attendant may provide the service 161.a patron. L,uuncfry or Dry Cleaner. An cslablishntent w1►ere a 11erson dro11s olf laundry and/or dry cleaning to Ix:done by other's. Marcelo 19,19,2 ►t►2 �� 178 Cit'I+g/,Ic►&►•sran ..611in,tc,LOrdinance Livestock. Any animal or Cowl which arc hcinz;produced primal tly fot'list'as Iood or food products f or human Consumption. Living Unit. A dwelling unit used li)►• living purposes that include at least one room bllt may ar tally not include it kitchen but does include one full bathroom. Loading;Space. A space within (Ile malll building ol•oil (he Same lot tier the standing, loading,or unloading of trucks. Lodge. A place where numbers elf' a local chapter elf an association or it Fraternal, cultural or religious organization hold their nleelings; or the local chapter itself. Lodging or Rooming; (louse. A facility in which rental sleeping acconullodalions are provided and in which steals may be supplied as pall 01'01C CCC, AIsO sec hO:u•dittg hOUse. Lot. A parcel of land occupied or intended li)r occupancy tllr it use permitted in this chapter, including one main building together with its accessory buildings,Open space and parking spaces reduircd by this chapter, and having its principal I'ronlagc upon a street. See FAllibit 35-9211 Cor examples of lot types. Lot Area.Sec Section 35-51.13 Im lot area and measurement. Lot,Corner. A lot abutting upon two or Il ON streets at their intersections. IN.I I 1 I Lot, Depth of. The mean horizonlal distance between the front and rear lot lines. Lol,Uoahlr Frontage or'I'hrong;h Lot. A lilt � I�.te,;•,. i F:,(,;. i 1lirci+alt i Iv.'.truY having a frontage on two non-intersecting roads, a;distinguished front it comer lot. .-._.-._..4 I i i i Lot Intorior. A lot other than a corner lot. (','1,'.�r I Ivd_Pf l(r i pl tlfl' i I 1 Lol Hiliv. A line of*record bounding it lot that I divides one lot from another lot or I-roni n sttee( ►' F r:t'.a. f or any public space. ~ Lot, 11111g. A lot where access to the public Exhibit 35-921.1 - Lots right-of-way is provided by it narrow strip (if' land referred to in this Ordinance as a pole. An example of a flag lot is shown in Exhibit 35-9211. Lot Line, Front. The lot line separating it lot from a street right-ol=way line. Lot [wine, Rear. The lot line opposite and most distant From the front lot line. In the case of'triangular or otherwise irregularly shaped lots,it line entircly within the lot,parallel to and at a maximum distance ft•otn the front lot line. Lot Line,Side. Any lot line other than the front (it-teat'lot line, See Section 35-51.13 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 35-51.13 Ibr lot width and measurement. MARCH 19,2002 179 Cal, Zoning On inartcvr i'vla,jor(toad ways, All C'ityorCounlyowned and operated streets including minorand majorcollectors,minor and nrljor arterial~, traffic signals and ancillary Iacilitics pursuant to the City Thoroughfare flan. Major roadways do not include the interstate highway or' the principal state highways. MoDNIC MiSSOtlrl Department of Natural Resources. MoDOT. Missouri Department of"fr,1nsportalion. Manufactured Ilonle. As defined in RSMo. 700.010(5),a f,1clory-built structure, which is nlanulactured or constructed under the authority ol'42 U.S.C., Sec. 5,103 and is to be used us a place 101-human habitation . Manufackired I tome Park. Any site, lot,or tract ol'land upon which two(2)or more occupied manulactur'ed homes are har'bor'ed,cillta• free ol'cllal•gc,or for revenue purpose, Marin;►,'YueW Club, A facility located on a navigable waterway 161.storing,servicing, lircling, berthing and securing of boats and that may include eating,sleeping and retail facilities for owners, crews and guests. Metes and Bounds, A description of land that uses distances and angles, uses distances and bearings, or describes the bolllld,16CS of the parcel by reference to physical fcatures of'the land. Mini Warehouse/Sell'Service Storage. A structure or group ol'structures where one or more individual stalls or lockers is rented out For storage ofcustonlers'goods and provides stalls or lockers with less than 750 square Icet of floor area per stall. Mining. The extraction ol'sand,gravel,rock,soil,coal or other material from the land in the nn aunt of 1,000 cubic yards or more and the removing thereof fl•onl the site including coal processing. The only exclusion from ® this definilion shall be removal of materials associaled with the eonst'uclion 01'a building. Modifecation. Anychange,including theaddition orreplace►nent ofantennas toa st'UCture requiringa building permit or other governmental approval,except that the Following shall not be deenied a modification requiring a building permit provided the conditions of the original permit and the requirements of this article are not violated: any SIRICtUl'Ul alterations or replacement of antennas to Illeet safety requirements, ally structural alternation of replacement of antennas that does not involve enlargement of the SIr'IICIUI"C height and ilily alteration for normal maintenance, Modular Dwelling. As defined in RSN1o.700.010(7),a I'lactory-filibricated transportable building Unit designed to be used by itsell'or to be incorporated with similar units at a building site into a rnlodultu'Structure to be Used for residential,commercial,educational or industrial purposes. The term is intended to include nlajorassenlblies and does not include prelabrieated panels, tosses and other prelahr►catal sub-elements which are to be incorporated into a structure at the site. Mortuary. A place for the slor'agc of hunl;ul bodies prior to their burial or cremation. Motel,Motor Court,19otor Lodge,or'1'ourisl Court. Any building or group of buildings containing guest rooms or dwelling traits,some or all ol'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,111d meals and in Which nlllsic, dancing and/or c111ertainnlenl • is conducted. MARCH 19,2002 180 City d%hJf"e)won Aning Ordinunwe _ Nonconforming; Use. The Ilse of land, buildings u1-straactures, or a portion thereof, legally existing at the eflcctive date of'this Ordinance which does nut comply with the zoning;district, and any amendments thereto, in which such use is located. Nonconforming Situation or Feature. A characteristic of n building of-property, such as signs, parking, loading,landscaping,pe Ibr rnance standards,orcc)ndition ufa special exception orConditioruaI 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 inlcrlcrence wilh the enjoyment and use of property. Nuisances,as rel'erred to in this Ordinance include smoke,odors, liquid wastes, solid wastes, radiation, noise, vibralio11,glare or heat. Nursery. An area devoled to the raising arld care of trees, shrubs or similar plant materials. Nursing flume. As defined an IZSMo I itle 12,Chapter 198, §198 006(18),any Gacility,whelher proprietary or nonprofit,which provides twenty-lixu•hour a clay accommodation,board and supervision by a nurse to three or more unrelated residents. Office. A 1-00111 or group 01'1'(10111S used for conducting the al'lairs 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-1111•01.1gh 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 nlolor 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,o any goods,junk,material,merchandise of- vehicles,in the same place For more than 72 hours but not including the temporary outdoor display ol'seasonal goods o►•merchandise 1`61.sale, but for the Storage of'[rush or other discarded material. Overstay District. A district which ac[s in conjunction with the underlying zoning district or districts. Development within the overlay district must conform to the requirements ofboth zones or the more restrictive of'the two. Owner. The legal entity holding title to the property being divided,ur such rcprcseltativc or agent as is fu11y empowered to let on its hchalf. Parcel. A Tract of land under single ownership which has not been divided by decd or subdivision. Parking Lot. An oft-street, groanul-level open urea, usually improved, Cor [he temporary storage of motor vellicics. Parking Lot, Facility or Garage;Ofl'-Silo. A parking fiwility providing either required parking spaces fora particular use,or associated with a specific laud use,which is not located on the same lot or ownership parcel HS the particular or specific Iculd use. Parking Facility,Short 'Perm. A parking lot, facility or garage where vehicles may be parked f'or a period not to exceed 72 hours, Parking Space. A surfaced area,enclosed or unenclosed,sutTicient in size to store ogle automobile together with a driveway connecting the parking space with a street,road or a11ey and permitting ingress or'egress orthat MARCH 19,2002 1 8 1 01), of'.Lftcr on Zo► h!s flydir►ance automobile without the necessity of moving any other automobiles. The Last stipulation of this definition requiring(lie ingress or egress ol'an automobile without the necessity of moving;any other automobile is not applicable to parking spaces provided 1,61-single family and two-family dwellings. Permitted Use. A public or privale use which of itself conl'orms with the purposes,objeolivcs,requirements, regulations and performance standards 01'a particular district. Planned Capital Inlproveuuents. A capital improvement which does not presently exist,but which is included Within the City Tharougif arC Plan. Planned Unit IDevelopmeuL An area ol'a minimum contiguous:;ire,as specified byordinaance,to be plrtnned, developed,operated and maintained as a single entity and conlaining one or more residential clusler:s or planned unit residential developments and one or more public, quasi-public, commercial or induSlrial 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 di l'ficultics caused byparcel sirs, shape, narrowness, shallowness, lopography, physical Surroundings or other Special Circumstance, and the special circumstance is peculiar to the premises and does not generally apply to Bather lands in similar zoning districts in the city and, Further, (lie circumsw ice 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, logclhcr with all buildings, s(ructures and nuinutiactured homes thereon. Prevailing Roadway,Traffic and Control Conditions. The maximum traffic volume during the peak hour at the adopted level of service. USC, Principal. The main Ilse of land or buildings as distinguished from subordinate or accessory uses. A "principal use"may be either permitted or conditional. Principal Ilighway. U.S. i lighways 50, 54 and 03. Public Improvement. Any improvement, lucility or service logclhcr with its associated site or right-of-way necessary to provide transportation, drainage, willtics or similar CSSenlial Services and faacrhties ain(.( that are usually owned and operated by a governmental agency. Public Notice. 1 he advertisement ofa public hearing in a paperol'gencral circulation,and through othermedia sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspectcd. Radiof1'elcvision Hmadcasl Station. Au establishment engaging in oral and visual programS for presentation to the public and that consist,,of a studio,transmitter and antenna. Recreational Facility, Private. Park,open space, golfcourse, tennis court,swimming pool,clubhouse, and other commonly associaled fiacilities owncd, operated and naainlained in common by the residents of a subdivision or ollier residential development. Recreational Facility, Public. Park, open space, Boll' course, Millis court, alhletic club, skating rink, swiuin-eing pool, rec-plea or other recreational 1'41cifity cnvned and maintained by city, county or state goveniment. Recreational Facility, Commercial Ouldoor. Any recreational use which is not, by definition, a public recreational fi►cility or private residential recreational facility but itICIUdCS one or more of the Following uses; MARCH 19,2002 182 Citj, d'.Le ffemon ?,oning Ordinance _ driving range,miniature golf,batting cage;,go cart track,waters I i tie,swimming pool,tennis courts,bull Iields or athletic I fields. Recreational Vehicle. A vehicular unit nlo►rrncd on wheels,designed to provide temporary living quarters I'or recreational, camping or travel use r►nd 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 twentysquare feet, including built-in equipment (such as wardrobes,closets,kitchen units or fixtures)and bath and toilet rooms. Recreational Vehicle ot-Travel 'frailer Park. An area licensed and used or oflcred for use in whole or in part,with oar without charge, (or the parking o1'occupied travel trailers,pickup callipers,converted buses,motor homes,tent trailers,tents or similar devices used for temporary,portable housing. Unoccupied mobile homes, travel trailers and similar devices may he stored in the park,but only ill an area marked Cor storage, No repair, Maintenance, sales or servicing,or such devices are allowed in the park. Recycling(renter. A place where recyclable materials,but not cumpostabic materials,may be collected,stored, sorted,compacted,shredded, bundled,packaged or otherwise processed, A recycling center does not include the use of,machinery or 1111-naces lilt' inciting, milling, cutting or shredding of*metals, or similar industrial processes. Recycling Collection Station. A place where recyclable n►atcrials,except hazardous wastes,play he dropped off 1`61.the sole pun-pose ofcollection. A recycling collection station dues not include the sorting or processing o1,material at a station. Recycling Materials. All previously used materials which call be processed for rcuse, I Ili; term does not include conlpostable materials. ® Recycling Processing; Plant. A recycling center where machinery or furnaces For the melting,milling,cutting 01 metals or similar industrial processes play he used. Religious Assembly. Meetings for religious activities sponsored by religious institutions such as churches, temple, synagogues and nlosducs. Research Laboratory. An establishment or other facility 1•61.carrying on investigation in the natural,physical or social sciences, which may include engineering and product development. Residential Use in Non-Residential Building. A residential dwelling within a non-residential building that is 1101 located on the main entry 11001'u1'tile building. Residential Care hacilify for the Elderly. As defined in RSMO.'Title 12,C'hapler 198,§198.006(15)-(16), any facility that provider 24-11our a day liceonillodations and care f ur three or more residents\010111'12 not related to ogle another. Residenfial Treatment Facility, Penal; Other Collim unity Based Sanctions (1•orn►rrly halfway Ilouse, Penal). An establislimcm where persons who are on parole, probation, participating in a penal pre-release program,or otherwise conlnlitted 10 the custody and supervision ot'the Department of'Corrections are:housed and supervised outside of the regularly established departmental correctional centers. A penal residential treatment facility nuly include up to ten halal Occupants provided,however,that the nu111ber of persons residing in file iaacility do not create overcrowded conditions and violate the BOCA Code, life Safety Code,or other adopted building, fire and health codes. Itesorl Cabins/Lodge. A facifily for transient guests where lodging is provided along with food and drink. Restaurant. An establishment deriving over 5W4, of gross revenue front the sale of food and drink not including alcoholic beverages. Mnllc•n l a),211112 � 183 n6'Jcffel-son Zoldn 01.11binrtrer Restaurant,Drive-1 it. A establishment deriving over 50 percent of gross revenue From the sale of toots and drink,not including alaltlotic beverages,avid which functions as a retail outlet where load or beverages are sold and delivered to patrons in harked molor vehicles. Restate dada Urivc-'I'In ough, An cslahiishnlent(leriving cnvcr 50 percent ol'gross revenue from the sale of lbod and drink, not including alcoholic beverages, where fond 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. Riding A cti denty. An establishment where horses are boarded and cared fir and where insiniction in riding, jumping and/or showing is offered and lvhcrc horses may he hired for riding. 111ght-of-Way. (I) A strip oF' land acquired by reservation, dedication, Forecd dedication, prescription or condemnation and intended to be occupied by a road,crosswalk,railroad,electric transmission lines,oil or guff pipeline, water line, sanitary stol'lll sewer,and other similar uses;(2)the right of one to pass over the property o1,"Inother. 1Uglj1-of-\V'y I,ine. A dividing line betweell a lot, lracl or parcel and a contiguous street. Runway. A defined m-ca on an airport prepared Fier landing and take-olTol'aircrah nlong its length. Sunilary landfill. Land utidired lily disposing ofsolid wastes. Satellite Receiving Dish. An earth station antenna which receives an(1 anlplil'ics television,radio•business d111a and/or telecommunications From satellites. For purposes of'this chaptor, a satellite receiving dish shall be considered as all accessory structure. ® Scale of Development. The relationship of,l par•licular proiect or development in terns of sirs,height,bulk, intensity and aesthetics, to its surroundings. School. Any building or port the•eol'which is designed,constructed or used for education or instruction in any branch of knowledge. The catcgary includes public alld private schools at the primary,elementary, middle, junior high or high school leYCl that provide state-mandated basic education. Screen. '1'o visually shield or obscure any abutting of I earbY structure or u,c from M101110r by Fencing,walls, berms or densely plawed vegetation. Scli-Service Slonige, A structure or group orsh-uctures for the storago ol'custonrer's goods and will-cs where individual stalls or lockers are rolled out to dilTercrll twlants for storage. Senti-Public. A place in which the services rendered or operations perfortrled are ofa public natrre although the establishment is not operated or owned by,I public agency. Example: Salvalion Artily,Y,M.C.A. Set-vices,Personal. I.Stahlishnlcnts providing services involving the care ofa person,including but not limited to bcauly shops,barber shops,suns, tanning salons,dud reducing salons;dressmaking or failoring,shoe repair; photography studios and photo finishing, Services, Retail. f'stablishnlcnts providing services or enlcrtaiunlent,as opposed to products, to the general Ptthlic or btssiuess community,ineluding eating and drinking places,hotels and moleis, Finance, real estate and insurance, advertising and malling, educational, etllployllleut and training se'vicm instll'anee and real estate services; property rllallagellleltt, 111a011tellance and protective services, Illanagerllerll mid consulting S\�r'vices. Mmwi 1 19,2002 18.1 Cit3±of Jeffc�t:can ,2nnin ► Ordinance Setback, The minimum required distance from the property litre to the f'ur'thermost projection of a structure, (Sec Section 35-51 r. r.cu r>�tt qcr and Exhibit 35-921 for examples). Shelter. A building for the protection and N.ubtdahle security of communications equipment w ArM Imociated with olle oI• more alltellnlls arld where access to equipment is gained Tram the V) Ji interior of the building• Shopping Center. A separate and distinct commercially used area under single -- awncrship orunit icd control, including one ot• more separate btudness establishments, i i Sign, Any object,device,display or structure at•part thereof',consisting ol'any letter, figure, character, mark, point, plane, marquee sign, Exhibit 35-921 -Setback design,poster,pictorial,picture,strokc,stripe, line,trademark,reading platter or illuminating device,which is constucted,attached,erected, lilstened or nulnulacttn-cd in any planner so that the sank shall he used For the attraction ol'the public to any place,subject,person, amporation, firm, public perfi?rmance, article, machine o►' merchandise, and displayed in any manner for recognized advertising purposes. (Sec Ixhihit 35-92.1 for examples of I� � signs.) I�! Sight Triangle. See Visual Clear 'Lone(V('/..). Single Fa►nily Attached. A Single lilalily dwelling that is 1,xhibil 35-92.1 -Signs attached 10 011C O1I1CI'011C-Iimlily dwelling by a common vertical wall, with each dwelling located on It separate lot, Single Family Delacl►ed, A single liunily dwelling that is not attached to any other dwelling by any means and is completely surrounded by open space or yards. Solo►•I:nergy Cullectorti, Panels,windmills,or other devices used to collect energy from the still,wind of-other natural energy source. For purposes of this Ordint111ce,detached allernate energy collecto►'s shall be considered an accessory building. Solid Waste Disposal. The disposal ol'solid unwanted, discarded material, not untended to be salvaged of- recycled. Special Exception Use. A use or structure that would not be appropriate generally or without restriction throughout(lie%olling divisiOII OI'dISII.IC(bill Which, if cont'olh;d as to number,area,location,or relation to the neighborhood, Would promote the public health, solely, morals, order, comfort, convenience, appearance, prosperity, or general welfin•c. Stable,Private. A building or structure used or intended to be used for housing horses belonging to the owner of the property only (of.lion-camnlercitll purposes, Standard Canopy'1'ree, An approval variety ol'deciduous t'ce that has a rninintlun caliper of two inches and ills, canopy capable ol'providing shade, MARCII 19,2002 185 qj'Jeffi'l-son Zoning Ordinance Standard Confer•free. An approved variety ol'pine,cedar, fir or other evergreen tree that has it ntinimulrt height at planting of five Iect. Standard f ledge. Au approved variety of evergreen shrub that will attain it height of three feet within three Years of'planting,and that has it minimum size ut phillling of live gallons. Start of Construction, includes substantial improvement, and means file date (Ile development permit was issued, provided the actual start ofeonstruction, repair• reconstruction, rehabilitation, addition,placement, or other improvement, was within 180 days of'tilt perutit date. The actual starl means either the first placement or pallianell Construction ofa structure on a site,such as pouring ofa slab or Footings,the inslal lilt ion orpile, the Construction ofcolumns,or any work beyond the stage of excavation; or the placement of,11 Illclot'y-built home on it foundation. Permanent construction clues not include laud preparation, such its clearing, grading and filling; nor(foes it include the installation ol'stects and/or walkways; nor(foes it include excavation for a basement, footings,piers,or foundations or the erection ol'Willporary fi,rnls;not-does it include the inslullation on the properly ol'accessory buildings such as garages or sheds not occupied as dwelling units or not part of the plain structure. For it substilmial improvement,(lie"Idual start ofcons(ruction meets the first alteration or only wall,ceiling, floor,or other structural part oi'the building,whelher or not Thal alteration afTcets the external dimensions of'tile building. S(eiallh. Includes arty free-standing,man-made structure designed for the stipporl ohill(CIIIIIIS,file presence of' which is camouflaged or concealed its till approprialely•phtced architectural or naturill ('ealure which arc dcsignud to blend into the surrounding envirunmcnt, Such slructures nuly include,but are not limited to,clock lowers,cmnpaniles, observation tower~, waler lowers, light slandards, flag poles and artificial trees, Storage halls. An enclosed structure conlaining separAfc storage spaces of varying sizes leased or rented on tut individual hasis willi no exlerior storage. Slora a,Unenclosed. An area oulside ol'a building which is used Im the stora o ol'usa I e goods and ntatcrtals bill not flit•the stOlAge uf'bush or O1IICr disc;trded material. Story. 'that portion o1'a building, Other than A IMSelltenl or cellar, included between the surface orany floor and (Ile surt'tce of(lac floor next chow it or, if there he n„ Ilmn above it, the space between the floor And the ceiling next above II. Story, hair, A space under it sloping,rool'which has a line of inlerscclion of rool'decking and tvtilf face not more than ti,ur 1'cct above the toll Iloor IC\'ei, Street. A public way which affords the principal Ineans ol'acccss to abutting properly, Street Cen(erliue. The street ccntcrline is ;t line halllvay howcen the street lines. Also known as the right-of'-way Inge. Street,Collector. A street that collects trallic from local steels and connects wllll minor and Iiiii.lor arterials, (Sec the City I'llorouglllilre flan,) Steel,Col-de-Sac, A street wilh A single comillon ingress and egress and A turntu•ound at the end. Street Frontage. Street frontage is nleasurt-d hclwccn side IOI lines along file front lot line. Street Furniture. ('onstYtetecl,aboveground objects,such as outdoor seating,kiosks, hus shellers, sculpture, tree grids, trash receptacles, li,utitains and telephone boollis, Thal have Ills potential 101. enlivening streets, sidewalks, plazas and other oulduor public spaces. Steel,Local. A streel designed to provide vuhicular accts` lo abutting properly. (Sec the C'ity'I'll oroughfilr•e Plan.) Mmwi1 19,2002 1,40 �� titrvvt. I,tlop, ,�luc;Il sleet thuf 11as its only ingress;illy eggless at two points kill the saran collector street, titrvvt, Major Artt•rgrtl, A street %\,till access control, dwimelized inivrscclions, restricted parking and that collt:cls"Ind diSIVihlncs INII,'ic to and I'rom minor arterials. (Sce the Cily'i horoughliu'c flan.) titrvvt, Minor Arterial. A slrcef with signals al important intersections and stop signs in the side streets and that cidlects and distribtlle` Traffic to and frolll collector sleets. (See the City Thoroug;hl;uc flan.) titrvvt, Residet;tial, A loc;d street designed to provide vehicular access to ahtillhlg, residential lots and to discourage notl-local Traffic. titl•IlClln'v. Anything constructed or erected with a fixed localiorl on the ground, or almched to something having; a fixed location till the Around, Among, other things, sl'uclules inclttth: buildings, wtllls, Icnces, Mid sigtls. tilruetural Alteration. Any change,other 111,111 incidclital repairs, in the supporling nrcnlher:s of the building, such as hearing walls,columns,beams m g;irdcrs,or ally substunti\,e change in the roof,or in the exterior walls heyond ordin;try icpairs "Intl ntainlenancc, Subdivider. 'i'lle owner of*llit!property hcing subdivided,or such other person nr CIItity empowered 1,act oil the owner's behalf. Subdivisint►. 'IIIc division(II'land.Whether vacant or improved.into two or more.part; Inr rile purpose,whelher• immedialc or future,oft anslerofoWnership ur building dcvclopulcnt,iticluditig resubdivision. 'I'hc term,when appropriate to the context,may refer to the process ofsubdividing or to land subdivided,or to interests for the purpose ol'salc ur lease, %honer by decd.metes and hounds,description,devise, intestacy, neap, ping or other recorded instrument. Subdivision Plat. fhegraphicrepresentationol`thcsuhclivisionol'land,prepared bya registered landsurveyor, having a number or letter designation 1'01.each lot within the plat and a succinct name or title that is unique, for the county where the land is located. Sul stance Alwse Treatment Facility-Uutpativnt. structures and land used far the ncalmenl oi'uicohol or outer substance abuse where neither meals nor lodging is provided. suhstanee Abuse`1'rvltinunt Facility- )npatient Residelldal. SUuclures and land used Cor the treatment of alcohol or other substance thmse where one or nose patients are provided with care, meals and lodging, Supetmore/Big; Bux ~tore. A single retail store, St1111et11110 ClIcloslrlg smaller ones within the super:~tort: building which exceeds a certain annnnll ol'squarc feet,which stocks and sells large gtltllllltics of IIems, (Sec Article IV ol'tllis Ordinance.) Swap Meet. tics"Fica Market.,. SWimntiug; POUT, A Willer-filled cnclosurc, pernlanenlly conslrucicd or portable, lowing a depth of more than 18 incites below the level of tlrc surrounding I;nld, or an aboveground pool hevirig a depth ol'nlore Than thirty inches,designed, used and maintained for swimming and bathing. I'c)eronuuunicutlous, The transmission,hetwcen or among,points;is specified by the user,or illFornlation ot` the user's choosing,without change in the li,rnl or confcml of the information as sent or received by wire,radio, optical cni le, eleclrorlic impulses or other similar means. As used in this ticlillitiorl, "information" nu:ans knowledge or intelligence represented by ally li,rm of %\,riling, s1911S, signals, pictures, sounds or any other symbols. Nim(cll 11),2002 187 C'ihr c1- 'Jcffiwson &>ning t7►-ciiil fill rc Felecon►nuu►icl►tious F aciliUcs. Any cables,wires,lines,wave ftuides,antennas and any other equi1)nlent or facilities associated with the transmission or reception ul'telecommunications as authorized by file federal Communications Commission Mhich a person seeks to locate or has installed u1)on a tower or antenna. Temporary Structure. A structure that has no loundatitm or• 1001irtgs ail is intended to 1-cn111in fill a limited little terminating upon expiration ol•a specified tittle period. Temporary Use. A use of limited duration with the intent to lerllllrliatc til)oll expiration (,)I a tine: period. Towen A self supporting., lattice, guyed or monopole structure constructed !'rota grade which supports telecommunications Facilities. The term "tower" shall not include amateur lath ) operators' equipment, its licensed by the FCC, The term "lower" flocs not include utility poles which tire titilized For the support of electrical,tele1)h011c,cable television,or other similar cable sand wires,are located on 1)ublic rigl!I::•of-ways or easements (or That purpose and arc a part of a system of such poles throughout the City of jel'lct;urn, Missouri. Townhouse. A building 111111 has onc-family dwelling units erected in a now its a single building on adjoining lots,each being separated front the adjoilling unit or units by n masonry party wall or walls extending front the basement floor to the roof along the dividing lot line, and each such building being scplullted front any other building by space oil 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 off ice. 'UninsIQrStation. All l;leility lirr solid wasle located In or within onc and ofic-11;11( Illlles of(lie city's limits. ® 1'ravel Trailer or Camping frailer. A vehicle with or without motive power used or so constructed as to permit its being used as a convcynnce 111)011 the public: stl-CCts and highways and so designed to pennit file vehicle to be used as a place of human habitation by onc or meat. persons. Said vehicle may be tip t0 R feet in width and any length provided its gross weight does not exceed 4,5001)o1l11(Is,which shall be the I11aI1(Ifiaet1la'CI-'K shipping or the actual weight ol,the vellicle I'ully equipped, or any weight provided its overall length(fries not exceed 28 Icel. Tree. For the purpose; of this Ordinance, tree shall mean: (I ) Canopy 'free. 'frees with an irreptilar or umbrella canopy providing shade,screening orbackground;(2)Large"free;A Irce which attains it mature height of over 110 feet; (3)Medium Tree: A 11-CC which attains it I11,11t11•e hclght ell between .fit) Iecl to 60 Fect; and(4) Small Tree: A tree which attains a mature height of up to 30 Ica Trip. A single or on:-way motor vehicle lnovenlenl either to or front a subject property. Trip Ends. The total of'Irips ellicring or leaving a spccil'ic land tine or site over a designated 1)cri0d 01'time. Trip Generation. The IllllllhCr 01'11-11) cads p1'0duccd by a specil•i%. 111111 use or activity during a designated period of lima Truck Salcs. The sale of vehicles primarily designed l0 1111111 cargo 1111(1 material. 'frock Terminal. An area and building where trucks load and unload cargo and 1'reighl and where the cargo Mid li•cight may be broken down or aggregated into smaller or larger loads lire ti-mislcr to other vehicles or rnodes al'transportation, USEPA. Uniled `:;fates linvironrncntal Protection Agency. Unnecessary Ilardship. A hardship which is unnecessary in the sense that the preservation ol'tile spirit and intent of 1111;;ordlllilllcc does not depend oil the do llial of the varilulcc. MARCH 14,2002 188 �i Ci y u,"ItfLi'rsolt Ivining l)rdir't till ry Ilse. The purpose or activity C o r which the land or building thereon is de,ignated, arranged or intended,or fur which it is occupied, utilized or maintained. Utilities. Systems tier the distribution or Collection ell'water, gas. electricity, wastewater and stornlwatcr. Variance. A variance is a fill dificotion of'tile requirements of the Ordinal=where such variance will no(he Contrary to the public interest and where,owing to conditions peculiar to the property,it literal enRrrcement of" the requirements would result in unnecessary and undue hardship. Vehicle. Vehicle includes:sell-propelled devices used for transporting people or goods over land surfaces and licensed as it motor vehicle; off-road vehicles designed Cor use oil it variety oI'unimproved surfaces, (little buggies, snowmobiles, trail hikes and motor hikes: passenger vehicles with not more than two axles and four fires; trucks with Iwo 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 I61. the equipping,Inbricaling,servicing or repairing ofnlotor vehicles, including the installation of parts and accessories; the rebuilding, replacing and the installing of motors, transmissions, drive trains,,exhausl systems, upholstery, brakes and radiators, hill not including the dismantling or extended storage ol'wrecked vehicles, nor titre recrlpping,nor aulu paintinlr an(I body work, nor the open storage of'rental vehicles or(;tilers. Vehicle Storage. A parking lot, facility or garage where vehicles may he parked or kept Im it period not to exceed 72 hours. Vested Rights. (tight to initiate or continue the establ►shnlcnl of a twe which will be contrary to a restriction or regulation coming into elTect when the project associated with the use is completed. Veterinary Ilospital. A place where animals are given medical care and the hoarding ofaninlals is limited to short-term cart: incidental to the hospital use, Visual Clear Zone(W''Z). A triangular shaped portion of'land oil public and private property established at intersections in which nothing is elected,placed or planted,or allowed to grow in such a manner as to linlit or Obstruct the sight distance ol'motorists entering or leaving the; intersection. See Article V and I xhibil 35-55A ol'this Ordinance. Also known as the Sight 'Triangle. Visual Runway. A runway illMided solely tier the operation ofaircrah using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated oil an FAA approved airport layout plan, or by any planning dOCUnlellt subnlillcd to the FAA by competent authority. Vocational,"Technical Schools, A secondary or higher education facility primarily teaching usable skills that prepare student, lire John in trade and electing file state requirements as a vocational futility. Watercourse. Any natural or artificial stream, river, creek, ditch, channel, coital, conduit, culvert, drain, waterway,gully, ravine or wash in which water (lows inn (ICI litite direction or course,either continuously or interilliltellly, and has a definite Channel, bed and banks and includes any area adJacett thereto subject to inundation by reason ol'overflow or floodwater. Yard, An open space hctwceu it building and the adjoining lot lines, other than a court on a lot, unoccupied Mid unobstuctal by duly portion ofa strucuu'c I'roul two and unc hall'(2'/) Iccl shove the ground, except as otherwise provided herein. (See Fxhibit 35-92K tier examples of"yard types). ® Yard,preen. An open space across the full width ol'Ihe lot extending front the front fine of the plain building, or nearest principal building, to the front line ol'the lot .vliere it I'r(mts or abuts the street. Corner lots and double frontage lots shall be considered by this Ordinance to have two front yards. Mntt('ti 19,2002 181) __. (.Y()of.I fJArwn Anthift Ordinance Yard, Side. An open space extending the lull length of the lot between the stain building, or Rclr 1.01 L,r;e nearest principal building, and the side line of R _ the lot,and extending 1fom file Frost yard to (he real'yard line. kcdt Yald Vard, Rear. An open space extending the Full width of the lot between the main building, or __.. �,- - m-.. .-� .-,,,.,,_ _._..__....... nearest principal building, and file 1-car lol lille, Slits sat includin rottcction4 al' uncovered steps, ► . . 1_..► unenclosed balconies or enclosed porches,to the closest point of'the rear lot line. • :� .;' ��'< ' side Yard Width and Depth. The shortest kA horizontal distance from it lot line to the main I.Ille building. �- ittcCt Zero Lot Line. The location of a building on It f rcn,t Lot gum lot in such a manner that one or more of the Exhibit 35-92K -Vards building's sides rests directly on It lot line. (Sec Exhibit 35-921., for examples of zero tic+c t?., 1 lot line lots.) • ' n Street __ �— - FrPN"t Exhibit 35-921,- 'Zero Lot Line 35-91 T1IROUC1135-94. RESERVED. MARC11 19,2002 . 190 C E of.L.f vvo►► Zoning Ordinance ARTICLE X. FEES 35-95, Fee Schedule. The following flees are hereby established. Type of Application, Permit,or Approval Recommended Current Fee Cctl i l icate of occupancy l lome Occupation Permit $50 .0. Telecommunications Facilities,Stall'Issued Permit $100 -(1- Conditional Use Permit-Board ol'Adjustment $200 $75 Variance - Board of Adjustment $200 $75 Appeals of'Atli inistrative Decisions- Board ofAdjustmenl $200 $75 Special Exception Use $200 1111 i Zoning Determination (Including Nonconforming Status) $50 i 0- Comprehensive Plan -Text Anr.nclment $200 -0- i Comprehensive Plan- Map Amendment $200 .0. i Zoning Ordinancc Text Amendmetls $200 -0- i Zoning Ordinance Mal)Amendments $200 1 $100 PUD,Cluster Subdivision or Compact I lousing Development-Concept Plan -0- PUD,Cluster Subdivision or Compact Mousing Development- Preliminary Plan $200 plus$20 PUD$50 per acre ; PUD,Cluster Subdivision or Compact Housing Development- Final Plan $100 j -0- PUD,Clustcr Subdivision or Compact {-lousing Development -Major Plan Amendment $200 plus$20 -0- per acre PUD,Cluster Subdivision or Compact Housing Development- Minor Phm Amendment $100 .0- Site Plan Review-(1-3 Units Residential) (t -0. Site Plan Review-4F Units Multiple Family Residential and Non-Residential(2 $200 .0. submittals) i Site Plan Review-Multiple I'amily Residmthil and Nan-Residential (3rd submittal) $100 -0- 35-96.TIIROUCII 35-99. IIESEAINIED. MARCI1 19,2002 191 City Jc�/jc�n�uii unting On inanee APPENDIX Appendix A Approved Planting List A.1 Small 'I'recs 11.2 Medium Trees A.3 Large Trecs A.4 Deciduous Shrubs for Understory Plantings A.5 I3vergreens for Barrier l ledges A.6 Tall Evergreens li_�r 13arricr Fledges A.7 Live Groundcodci•s A.8 Persistent Mulches Appendix 13 'free Planting Detail B.I Standard Tree Planting Detail 13.2 Tree Planting for Compacted Soils k` !`)2 MAKC11 19,2002 ; City o 'Je 'itr'koff Ain't g C)rr!lrrurrccr Appendix A Approved Planting List Appendix A.1 Small'frees Common Name Scientifle Numc Cultivar Amur nutple Ace)-gimwla 'Fla me'(betlei-red frill color); `Compaclum'(reduced size) Crabtree Many- use only disease-resistant cultivnrs. Japanese d•ec lilac .SPIIi q(l reficulata 'Ivory Silk'(dense form,early flowering.age) Eastern rcdbud CcrcLc canadensi.c ` Forest Pansy'(purple leaves); `Alb►t'(whitc flowers) Oklahoma rcdbud Cerc•is reni%ormi.c 'OklalimmW(glossy green leaves, greater insect resistance) Compton Smokclrce C'oNuus c•ogt vgria 'Daydream', `Purpureus', 'Velvet cloak American smokelree Cotinus ohovatus (a more upright tirm (11,111 the"common") Hedge maple Acrr•campostrc '(luecn F.lizabeth'(more vigorous,better branch attachment) 'Compactum'(a smaller,bushier fr►tnt) Paperbark maple ACCT griseum Tatarian maple Acer lalnricum Hornbeam maple Acer cagfin fidiunr Miyabc maple Acer mivabei Truncalum maple hybrid trta►caruur 'Pacific Sunset', ' Norweigian Sunset' Manchurian maple Acer mandchuricmu Trident maple Acer huer el—anum American hornbeam Ca►7finus Carolinicma Columnar European hornbeam C'acpinus hetuhrs 'Fastigiata'; 'Colunmaris' Mop hornbeam O.ctrt(I 111,1-giuiaua Serviccberry Ant chmcl►icrgg). 'Autumn Brilliance' (tree Ibr►u. rich fall reds) (.4, xgrandiJlora.) 'Robin Hill'(tree form, buds pink when opening) Carolina silverbells llulecicr carolina Kousa dogwood C.'ornus konsa 'Satomi'(pink to red blooms, maroon-edges leaves) Flowering dogwood Ccu•au.Y llorida *Cloud 9'(showy abundant white blooms) 'Cherokee Chiet(and others)'(red blooms) White fringetree ChiouccnIINCS vil-ginicus Star magnolia Afagnolia strllak► 'Water Lily'(latcr blooming); 'Royal Slar' Pranklin tree Fninklinia altahambra Japanese snowbell S(rra.rfalmnica MARCH 19,2002 193 tCi11►d'.tdjtL,r'surr ,zonhig Ordinance Appendix A.2 Medium'frees Common Name Scientific. Name Cultivar 'Skyline'lioncylocust (Veikvia tr•ianccn►thos 'Skylinc'(morc upright-branching) Yellowwood C'luclrastis keutukea 'Perkins 11ink'(nink blooms) Red maple Acer r►rbrmu 'Red Sunset',October Glory',etc. Ornamental pear I vi-iis caNerrana 'Cleveland Select' or'Arlislcrat' cultivars(no` tadfords') Uitlelcaf linden 77lta cot-data Grccnspire, Glenleven Silver linden Tilia tumeulos•a 'Sterling' Kalsuralrec C.'crirliplrlllum jcrponic►an Sourwood O.rr'ck,tich•►u►► arhore►an Mountain silverbell 11alesia monticola Sawtoolh oak Quercus ac►Nisshaa Goldenrain tree Koelrculcria paniculata(du not plant near wetlands) Japanese pagoda Sophorcr,japonica Persian parrotia l'cu•roti(l pee-sica Hardy rubbertree lsucom is ulmoides Turkish filbert C'mylrrs colurna(tree form) 'Bracken's Brown' magnolia hlagn olia x soulggiana Trcrcken's Bi-owu River birch Bemlu Niqra Cranapple Ablalas spl). (non-fruiting,disease-resistant cultivars) MnRCII 19,2002 194 City of,Ac ff wsaff Zoning Ordinance _ Appendix A.3 Large Trees Common Name Scientific Name Cultivate White oak Quercus alba Swamp white oak Quercus bivolor English oak Quercus robur Northern red oak Quereus rubra Shumard oak Quercus shumardii Scarlet oak Quercus coevinea Ovcrcup oak Quercus lvrata Bur oak Quercus macracarpa Chinkapin oak Quen.lis muehlengergii Willow oak Quercus phellos Shingle oak Quercus imbricuria Cherybark oak Quercus fialcala var. pagodifolia Black oak Quercus vehrtina Chestnut oak Quercus prinus Post oak Quercus stellata Green ash Fraxinus Penn. vNvanica Use hardy cultivars such as`13ergeson', Patmore',`Summit' White ash Fraxinus americans 'Authumn Purple', `Autumn Applause', 'Rosehill' Blue ash Fraxinus quadrangrlata Ginkgo Ginkgo biloba Use certified male species only such as 'Autumn Gold' (broad,conical form); 'Princeton Sentry' (upright form) Kentucky coffeetree Qvmoncladns dioecus Llackbcrry Cehis Oveidenlulis Sugarberry Celtis lsevigam London planetree hlammrs x acer71olia `Bloodgood', 'Liberty', 'Columbia' 'Tulip poptar Liriodendron tuliplfercr '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 saccharunr 'Legacy', 'Green Mountain', 'Fairview' Black maple Acer nkyrrarr American linden 7711a a merieuna 'Redmond' Baldeypress Taxodium distichum Pondcypress 7axodiunr aseendens Cucumbertree ,Magnolia acuminalzr Black gum Nvsso s lvalica MARCII 19,2002 195 City of Jejfeison Zoning Ordinance .� Appendix A.4 Approved Deciduous Shrubs for VJnderstory Plantings Common name Scientific Name Maturc 11 lit Dwarf(lowering almond Minus glandulosa 3 feet Japanese barberry 13crberis thunbergi 5 feet Mentor barberry Berberis xmentorensis 5 feet Bayberry Myrica pensylvanica 8 feet Bcautyberry Callicarpa japonica 4 feet l3eauty-bush Kolk%vitzia amabilis 10 feet Chokebeny Aronia lrbuti101il 8 feet Purpleleaf sand cherry Prunus cistena 4 fleet Spreading cotoneastcr Cotoneaster divaricata 4 feet Rock spray cotoneaster Cotoneaster horizontalis 3 feet Crape myrtle, Lagen:stroenia indica 10 feet Slender dcutzin Deutzia gracilis 3 feet Redosier dogwood stolonif'era 6 feet Winged cuonymus Cuonymus alata 8 feet Forsythia Forsythia x intetmedia 6 feet Amur honeysuckle Lonicera nlaakii 15 feet Fragrant honeysuckle Loniccra fragrantissima 6 feet Tatarian honeysuckle L.oniecra tartarica 9 feet Hydrangea, Mills of snow Hydrangea arborescens grandillora 3 feet Common lilac Syringa vulgaris 9 feet Persian lilac Synnga xpersila 4 feet Mockorange Philadelphus spp. 7 feet Privet L,igustrum spp. 8 feet Japanese maple Acer palnurtum 20 feet Pussy willow Salix spp. 20 feet Flowering quince Chaenomelcs lagenaria 6 feet Rose of Sharon Hibiscus syriacus 12 feet Purple smoke bush Corinus coggygria purpureus 15 fleet Spirca Spirca spp, 5 feet Staghorn sumae Rhus typhia 15 lect Tallhcdge Rhammus x frangala 'Tallhedge' 12 feet Viburnums Viburnum spp. 12 feet Weigela Weigela spp. 3-6 feel Winterberry Ilex verticillata 9 feet MARCH 19,2002 196 Q'IP d'.h,'1Ler.VOn Zoning Ordinance Appendix A.S Approved hverkremis for Rarrier fledges Conuuun li►urre tielenllne N11n)e lh i Lh Brood-Leaved/evergreens American holly ilex opaca Chinese holly Ilcx cornuta Mescrve hybrid holly Ilex x meserveaca '131ttc Prince' 12 feet Leathalcal'vibunium Viburnum rhytidophyilum 6 feet Needled Bstergreens Juniper,Chinese .1 till iperuS chincnsis Spreading Variclies; Armstrong 4 feet Upright Varieliew $4' feet Blue Heaven Burki Canaacrtii HCtzi Cgltitml Juniper Hollywood Ketelecri Robusta Green Wichita Bloc Wintergreen Skyrocket Yew Capitata 6 feet Hicks 6 feet Browne 4 feet Wardi 4 feel MARCH 19 2002 197 City q f lcJfernon Zoning Ordinance Appendix A,5 Approved`i'all Evergreen and Conifer Trees Common name Scientific Name Mature hei,zilt Baldcypress Taxodium distichunl Canadian Hemlock Tsuga canadensis. Eastern Rcdcednr JUriperus virginiana Pine .'astern White Pine Pinus strobus Japanese Black.Pine 11inus tluinbergiana Japanese Iled Pine Pinus densiflora Limner Pine 11inus flexilis Iced Pine Pittus resinosa Spruce Norway spruce Picea abies Black Hills spruce Picea dcnsata Fir White Fir,Concolor Fir Abics concolor Appendix A,7 Approved Live Groundeovers Common name/Cultivai• Scientific Name Height Spread Ajuga, Buglcwccd or Carlict bugle Ajugn rcptans 4-8" Creeping junipers Juniperus horizontalis Andorra 18" 5-8' Bar Harbor loll 64 Blue Chip 8" 5-8' Blue Rug 6" 6-8' Procumbens 10" 6-8' San.lose 10" 6-7 Sargent,green 10" 6-7' Sargent,blue 18" 6-7' Turquoise Spreader 6" 6-8' Creeping phlox, Moss pink(Phlox subuInta) English ivy Hosta, Funkia, Plantain Lily(Hosta spp.) Japanese spurge, Pachysandra(Pachysandra terminalis) Periwinkle, Myrtle or Vinca (Vinea minor) Purpleleaf wintercreeper(i'Luonymus for(unei `C:lorata') Grasses: Buffalo Grass t Turf grasses MARCH 19,2002 198 CI_ tyr)f Je.JJ 'r'VOn Zonings Ordinance Appendix A.8 Approved Persistent Mulches Orginic Burk,chunks Bark,shredded Pecan hulls Pine needles Wood chips Wood fibers (coarse grade) Inoi a� nic Crushed rock,except crashed limestone Gravel Volcanic rock M,vic(t 19;�OQ2 199 f. 0 1, qj" e wson Zoll;IIALL)rdilru ce Appendix 11 Tree Planting Detail Appendix B.1 SlandanlTrec Planting Delail COMMUNITY `IJOR EST RY Urban and Community Forestry STANDARD TREE PLANTING DETAIL The hole: Pruning: Excavate a pit which is at least twice the di. Rornove only broken or badly deformed anieter of the football and the same depth branches. Bqgiti,i regular priming program the I io deeper, Handle the tree by the toot- second or third year dim p1miling. hall, not the tank. Be sure the roolball or container soil rests on solid ground. I-or hest toot development, enlarge the The following procedures are optional: planting area by relnmifl},existing turf, then spading or lilliny,Soil in Stakes: Wide ring. Stakes may he used to prevent shifting of the roothall in to protect Ihe sten't MVI'Lilly CLit twine wrapped arOL111d from movving eqoijimem. Drive one or the stein at tile top of Ilic loolhall, more stakcn,near the Irm but not Remove burl.it) from the top of the through the roots. rootball to prevent wicking of moisture from tho soil. Rename Ties: completely any plastic burial)or 11 tie."are used to prevent shifting, container. place them low on the stem and with slack in the tie material. Backfill soil: Wires should be placed 1111ough Mickfill 1110 pit vvilll Chopped ex- tubing or hose sections It)Prevent cavated soil. Use local topsoil for damage to the bark. flexible plas- backfill if excavated soil is of poor tic ties aw available. Remove tics quality. Discard racks and debris. as soot)as the tree can stand alone —-about 3 months,(it longer if Wafer: needed. Saturate the entire backfilled soil with water.Add more soil if need- Trunk wrap: ed to compensate for settling, Trunk vvi-apping itwv help to pre- wptlooall 1w, vent damage from sun exposure. Mulch: Use a slretc.11able wrapping materi- C*,ovoi smoothed soil with .3 inches ill. Do not allow wrap or binding of wood or biirk chips. Leap e it to constrict the stem. Remove wrap small gap near(lie(Rink. Keep during mild weather. mulch weeded. Replace is need- mil Jim, These procedures may he used for planting in relalk,ely uncornpacted soils, or where water will per- colate through the topsoil layer. MARCH 19,2002 200 City uj'.4jji?I.s011 J.'ating ordittalla _ _+ Appendix 13.2 'free Planti ig Detail for Compacted Soils COMMUNITY ORESTRY r Urban and Community Forestry ,a t•. TREE PLANTING DETAIL FOR COMPACTED SOILS The hole: Pruning: Excavate a wide, shallow hole which is 3 to d Remove only broken or badly deformed times the width of the rootball or container branches. Begin a regular pruning program the and only 112 as deep. Handle the tree by the second or third year after planting. rootball,not the trunk. Be sure the rootball or container soil rests on solid ground. For The following procedures are optional: hest root development, enlarge the planting area by removing existing turf,then spading Stakes: Of tilling soil in a wide ring.Soils which Stakes may be used to prevent shifting of hold excessive moisture may need a sub- the rootball or to protect the stem from surface:drain tuba installed below the mowing equipment. Drive one or rootball (not shown). more stakes near the tree but not through the roots. Carefully cut twine wrapped around the stern at the top of the rootball. Re- Ties: move burlap from the top of the root. If ties are used to prevent shifting, ball to prevent wicking of 1710isture place them low on the stem and from the soil. Remove completely with slack in the tie material.Wires any plastic burlap or container. should be placed through tubing or hose sections to prevent dam- Backfill soil: age to the bark.. flexible plastic Backfill the pit with local topsoil to ties are available. Remove ties as improve aeration,or finely chop ex- soon as the tree can stand aione- cavaled soil. Discard rocks and do- about 3 months,or longer if need- hris,Mound Backfill slightly to the ed. top of the rootball,and flare to cadges , of excavation. ; ;i Trunk wrap: I Trunk wrapping may,help to pre- Water: , ;i vent damage from sun exposure, Saturate the entire backfilled soil i I I� Use a stretchable wrapping with water.Add more soil if needed I i�. stakes I I material Do not allow wra)or to compensate for settling. I, loptlonal) 11 ,1 ,;cs I 1 hindinl,to constrict the,tilem. Ke- 1 l (oplif) 1) I j move wrap during mild weather. Mulch: I f 11 Cover smoothed soil with 1 inches of i-11 -----"{ '__ wood or bark chips. Leave a small gap near the trunk, Keep mulch I I nudclt ,I 11 ,1 weeded.Replace as need- layer ed, i� l t�l�liffr��ll�J�.( ::,,•:i—.:....�:r'%*':..—••.1k;�:•• :.�tr.?:�-;_'.:.•.: +•, 1�L�1�Wl� I. bx kfill cnfl I I u J Rrade level These procedures may be used for planting in dense,compacted soils or subsoils, which are common to disturbed areas around construction sites. 1194 • MARCH 19,2002 201 SECTION 2. This ordinance shall be in full force and effect on May 6, 2002. Passed:� � r.. . � > '`' _ Approved; ll;lZlf klz� P esi ing Officer ATTEST: APPROVED AS T FORM. 711,e ,zz_ City lerk City Coun elor x �u