lafayette county zoning regulations table …€¦ · lafayette county zoning regulations table of...

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LAFAYETTE COUNTY ZONING REGULATIONSTABLE OF CONTENT

PART I -- GENERAL PROVISIONS AND REGULATIONS APPLICABLE TO ALLDISTRICTS ........................................................................................................................ 1

TITLE I -- GENERAL PROVISIONS..................................................................................... 1ARTICLE I -- TITLE & RELATED PROVISIONS........................................................ 1

Section 1 ................................................................................................................... 1Section 2 ................................................................................................................... 1Section 3 Applicability ....................................................................................... 1Section 4 Purpose, Plan Consistency Required ............................................... 1Section 5 Relationship to Other Regulations/Plans......................................... 2Section 6 Relationship to Deed Restrictions .................................................... 2Section 7 ................................................................................................................... 2

ARTICLE II -- DEFINITIONS......................................................................................... 2Section 1 ................................................................................................................... 2Section 2 ................................................................................................................... 3Section 3 ................................................................................................................. 15Section 4 ................................................................................................................. 16

ARTICLE III–COMPREHENSIVE PLAN.................................................................. 16Section 1 Amendments to the Comprehensive Plan...................................... 16Section 2 Applications to Amend the Comprehensive Plan ......................... 16Section 3 Notice Requirements........................................................................ 17Section 4 Contents of Application................................................................... 17Section 5 Decision on Changes ........................................................................ 17Section 6 Joint Application for Amendments to Comprehensive Plan and

Zoning District................................................................................................ 18Section 7 Criteria for Amendment to Comprehensive Plan ......................... 18

.1 Amendments to Text ............................................................................... 18

.2 Amendments to Growth Tiers Map and Future Land Use Map ........ 19ARTICLE IV -- ZONING DISTRICTS & MAPS ......................................................... 19

Section 1 Zoning District Maps....................................................................... 19Section 2 General Zoning District Map Revision (Township) ..................... 20Section 3 Parcel Specific Zoning District Map Revision .............................. 21

.1 Pre-application meeting .................................................................. 21

.2 Contents of Application.......................................................................... 22

.3 Public Notice and Hearing .............................................................. 22

.4 Sign announcing pending change .......................................................... 22

.5 Resubmission of Application .......................................................... 23Section 4 Petitions Opposing Application ...................................................... 23Section 5 Action on Zoning District Map Amendments ............................... 23

.1 Planning and Zoning Commission Action ............................................ 23

.2 County Commission Action ................................................................... 24

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.3 Rejection of Preliminary Concept Plan ................................................ 24

.4 Development Required ........................................................................... 24Section 6 Factors Determining Appropriateness of Zoning District Map

Amendments ................................................................................................... 25ARTICLE V -- BOARD OF ZONING ADJUSTMENT ............................................... 26

Section 1 ................................................................................................................. 26Section 2 ................................................................................................................. 26Section 3 Powers and Duties............................................................................ 26Section 4 ................................................................................................................. 28

ARTICLE VI -- ADMINISTRATION, AND ENFORCEMENT .................................. 28Section 1 ................................................................................................................. 28Section 2 ................................................................................................................. 28Section 3 ................................................................................................................. 29Section 4 ................................................................................................................. 29Section 5 ................................................................................................................. 29Section 6 ................................................................................................................. 29Section 7 ................................................................................................................. 30Section 8 ................................................................................................................. 31Section 9 ................................................................................................................. 31Section 10 ............................................................................................................... 31

ARTICLE VII–SITE PLANS ....................................................................................... 32Section 1 Applicability and General Requirements ...................................... 32Section 2 Contents ............................................................................................ 32Section 3 Determination................................................................................... 33Section 4 Effect of Approval ........................................................................... 35Section 5 Amendment ...................................................................................... 35

TITLE II -- PROVISIONS GOVERNING ALL DISTRICTS............................................... 35ARTICLE I -- CONDITIONAL USES .......................................................................... 35

Section 1 General.............................................................................................. 35Section 2 Filing for Conditional Use Permit .................................................. 35Section 3 Petitions ............................................................................................ 36Section 4 Additional Conditions ..................................................................... 36Section 5 Process of Applications.................................................................... 36

.1....................................................................................................................... 36

.2....................................................................................................................... 36

.3....................................................................................................................... 36

.4 Action on Application ............................................................................. 36

.5 Report and Determination ..................................................................... 37Section 6 Sign announcing pending change................................................... 37Section 7 Determination................................................................................... 37Section 8 Requirements for Group I Conditional Uses ................................ 38

.1 Purpose..................................................................................................... 38

.2 Yard.......................................................................................................... 38

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.3....................................................................................................................... 38

.4....................................................................................................................... 38

.5....................................................................................................................... 38

.6....................................................................................................................... 38Section 9 Requirements for Group II Conditional Uses............................... 38

.1 Purposes ................................................................................................... 38

.2 Yard.......................................................................................................... 39

.3 Height ....................................................................................................... 39

.4....................................................................................................................... 39

.5 Fence or Screen ....................................................................................... 39

.6 Signs ......................................................................................................... 39

.7....................................................................................................................... 39

.8 Ingress and Egress .................................................................................. 39Section 10 Requirements for Group III Uses................................................... 39

.1 Purpose..................................................................................................... 39

.2....................................................................................................................... 39

.3 Height ....................................................................................................... 40

.4....................................................................................................................... 40

.5 Fence or Screen ....................................................................................... 40

.6 Signs ......................................................................................................... 40

.7....................................................................................................................... 40

.8 Ingress and Egress .................................................................................. 40Section 11 Requirements for Group IV Conditional Uses ............................. 40

.1 Purpose..................................................................................................... 40

.2 Yard.......................................................................................................... 40

.3 Height ....................................................................................................... 41

.4....................................................................................................................... 41

.5 Fence or Screen ....................................................................................... 41

.6....................................................................................................................... 41

.7 Ingress and Egress .................................................................................. 41

.8 Explosives ................................................................................................ 41

.9 Flammable Liquids ................................................................................. 41

.10 Toxic Gases....................................................................................... 41Section 12 Mobile Home Parks .................................................................. 42

.1....................................................................................................................... 42

.2....................................................................................................................... 42

.3....................................................................................................................... 42

.4....................................................................................................................... 42

.5 Screening or Buffering ........................................................................... 426 Setbacks ................................................................................................... 42.7 Classifications.......................................................................................... 42.8 Wastewater Disposal............................................................................... 42.9....................................................................................................................... 43

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10 Storm Drainage ................................................................................ 43Section 13 Mobile Homes.................................................................................. 43

.1....................................................................................................................... 43

.2....................................................................................................................... 43

.3....................................................................................................................... 43

.4....................................................................................................................... 43Section 14 Resource Extraction ........................................................................ 43

.1....................................................................................................................... 43

.2 Yard.......................................................................................................... 43Section 15 Signs .................................................................................................. 43

.1....................................................................................................................... 43

.2 Yard size .................................................................................................. 44ARTICLE II -- ACCESSORY USES............................................................................. 44

Section 1 ................................................................................................................. 44Section 2 General Limits upon Accessory Uses ............................................. 44Section 3 Accessory Storage for Manufacturing or Wholesale Use............. 44Section 4 ................................................................................................................. 44Section 5 ................................................................................................................. 44Section 6 ................................................................................................................. 44Section 7 ................................................................................................................. 44

ARTICLE III -- NON-CONFORMING USE................................................................. 45Section 1 ................................................................................................................. 45Section 2 ................................................................................................................. 45Section 3 Non-Conforming Conditional Uses ................................................ 45

ARTICLE IV -- OFF-STREET PARKING AND LOADING ....................................... 46Section 1 General.............................................................................................. 46Section 2 Off-Street Parking Requirements .................................................. 46Section 3 Table of Off-Street Parking Requirements ................................... 47Section 4 Location of Off-Street parking ....................................................... 51Section 5 Off-street Loading Requirements .................................................. 52Section 6 Determination of Required Number of Spaces ............................. 53

ARTICLE V -- SIGNS ................................................................................................... 53Section 1 General Rules ................................................................................... 53Section 2 Definitions......................................................................................... 54Section 3 Sign Permit ....................................................................................... 55Section 4 Signs not Requiring a Permit.......................................................... 55

ARTICLE VI -- STRUCTURAL FEATURES INCLUDED AND EXCLUDED FROMDIMENSION REQUIREMENTS........................................................................... 56Section 1 ................................................................................................................. 56Section 2 ................................................................................................................. 57

PART II -- REGULATIONS BASED ON ZONING OF DISTRICT .......................................... 57TITLE I -- AGRICULTURAL DISTRICT (DISTRICT A) .................................................. 57

ARTICLE I -- PURPOSE............................................................................................... 57

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ARTICLE II -- ACCESSORY USES............................................................................. 57Section 1 ................................................................................................................. 57Section 2 ................................................................................................................. 57Section 3 ................................................................................................................. 57Section 4 ................................................................................................................. 57Section 5 ................................................................................................................. 57Section 6 ................................................................................................................. 58Section 7 ................................................................................................................. 58

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 58Section 1 Minimum Lot Area .......................................................................... 58

.1....................................................................................................................... 58

.2....................................................................................................................... 58

.3 Conservation Subdivision ............................................................... 58a. Purpose ............................................................................................. 58b. Design Standards ...................................................................... 58

.i Conservation Easement and Development Rights Restriction.................................................................................................... 59

.ii Agricultural Use Easement ...................................................... 59

.iii Lot Size ..................................................................................... 59

.iv Site Design ................................................................................ 59

.v Lot Clustering ........................................................................... 59

.vi Cluster Separation ................................................................... 60

.vii Cluster Design ......................................................................... 60

.viii Cluster Access ........................................................................ 60

.ix Interior Roads .......................................................................... 60

.x Buffering.................................................................................... 60

.xi Dimensional Requirements ..................................................... 60

.xii Restriction on Mobile Homes ................................................ 60

.xiii Other Subdivision Requirements......................................... 60c. Suitability Standards ....................................................................... 61d. Shared Open Space................................................................... 61e. Required Homeowners Association ............................................... 61f. Application Procedure..................................................................... 62

.i ......................................................................................................... 62

.ii ........................................................................................................ 62

.iii ....................................................................................................... 62

.iv Public Notice and Hearing ...................................................... 62

.v ........................................................................................................ 63g................................................................................................................. 63

.i ......................................................................................................... 63

.ii ........................................................................................................ 63

.iii ....................................................................................................... 63

.iv ....................................................................................................... 63

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.v ........................................................................................................ 63

.vi Public Notice and Hearing ...................................................... 64

.vii ...................................................................................................... 64

.viii ..................................................................................................... 64

.ix ....................................................................................................... 65.4 Farm Split ................................................................................................ 65.5....................................................................................................................... 66.6....................................................................................................................... 66

Section 2 Maximum height .............................................................................. 66Section 3 Minimum side yards ........................................................................ 66Section 4 Minimum front yard........................................................................ 67Section 5 Minimum rear yard ......................................................................... 67Section 6 Minimum Floor Area (Residential) ................................................ 67

TITLE II -- REGULATIONS GOVERNING RESIDENTIAL AGRICULTURE (DISTRICTRA) ................................................................................................................................. 67ARTICLE I -- PURPOSE............................................................................................... 67ARTICLE II -- ACCESSORY USES............................................................................. 68

Section 1 ................................................................................................................. 68Section 2 ................................................................................................................. 68Section 3 ................................................................................................................. 68

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 68Section 1 Minimum Lot Area .......................................................................... 68Section 2 Maximum height .............................................................................. 68Section 3 Minimum side yards ........................................................................ 69Section 4 Minimum front yard........................................................................ 69Section 5 Minimum rear yard ......................................................................... 69Section 6 Minimum Floor Area (Residential) ................................................ 69

TITLE III -- REGULATIONS GOVERNING RURAL ESTATES (DISTRICT RE) .......... 69ARTICLE I -- PURPOSE............................................................................................... 69ARTICLE II -- ACCESSORY USES............................................................................. 70

Section 1 ................................................................................................................. 70Section 2 ................................................................................................................. 70

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 70Section 1 Minimum Lot Area .......................................................................... 70Section 2 Maximum height .............................................................................. 70Section 3 Minimum side yards ........................................................................ 71Section 4 Minimum front yard........................................................................ 71Section 5 Minimum rear yard ......................................................................... 71Section 6 Maximum Lot Coverage ................................................................. 71Section 7 Minimum Floor Area (Residential) ................................................ 71

TITLE IV -- REGULATIONS GOVERNING DISTRICT R................................................ 71ARTICLE I -- PURPOSE............................................................................................... 71ARTICLE II -- ACCESSORY USES............................................................................. 72

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Section 1 ................................................................................................................. 72Section 2 ................................................................................................................. 72

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 72Section 1 Minimum Lot Area .......................................................................... 72Section 2 Maximum height .............................................................................. 72Section 3 Minimum side yards ........................................................................ 73Section 4 Minimum front yard........................................................................ 73Section 5 Minimum rear yard ......................................................................... 73Section 6 Minimum Lot Width ....................................................................... 73Section 7 Minimum Lot Depth ........................................................................ 73Section 8 Maximum Lot Coverage ................................................................. 73Section 9 Minimum Floor Area (Residential) ................................................ 73Section 10 Accessory Buildings.................................................................. 74

TITLE V -- REGULATIONS GOVERNING DISTRICT R-1.............................................. 74ARTICLE I -- PURPOSE............................................................................................... 74ARTICLE II -- ACCESSORY USES............................................................................. 74

Section 1 ................................................................................................................. 74Section 2 ................................................................................................................. 74

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 74Section 1 Minimum Lot Area ............................................................................ 74Section 2 Maximum height .............................................................................. 74Section 3 Minimum side yards ........................................................................ 75Section 4 Minimum front yard........................................................................ 75Section 5 Minimum rear yard ......................................................................... 75Section 6 Minimum Lot Width ....................................................................... 75Section 7 Minimum Lot Depth ........................................................................ 75Section 8 Maximum Lot Coverage ................................................................. 75Section 9 Minimum Floor Area (Residential) ................................................ 76Section 10 Accessory Buildings.................................................................. 76

TITLE VI -- REGULATIONS GOVERNING DISTRICT R-2 ............................................ 76ARTICLE I -- PURPOSE............................................................................................... 76ARTICLE II -- ACCESSORY USES............................................................................. 76

Section 1 ................................................................................................................. 76Section 2 ................................................................................................................. 76

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 76Section 1 Minimum Lot Area .......................................................................... 76Section 2 Maximum height .............................................................................. 77Section 3 Minimum side yards ........................................................................ 77Section 4 Minimum front yard........................................................................ 77Section 5 Minimum rear yard ......................................................................... 77Section 6 Minimum Lot Width ....................................................................... 78Section 7 Minimum Lot Depth ........................................................................ 78Section 8 Maximum Lot Coverage ................................................................. 78

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Section 9 Minimum Floor Area (Residential) ................................................ 78Section 10 Accessory Buildings.................................................................. 78

TITLE VII -- REGULATIONS GOVERNING DISTRICT R-3 ........................................... 78ARTICLE I -- PURPOSE............................................................................................... 78ARTICLE II -- ACCESSORY USES............................................................................. 78

Section 1 ................................................................................................................. 78Section 2 ................................................................................................................. 78

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS ..... 78Section 1 Minimum Lot Area .......................................................................... 78Section 2 Maximum height .............................................................................. 79Section 3 Minimum side yards ........................................................................ 79Section 4 Minimum front yard........................................................................ 80Section 5 Minimum rear yard ......................................................................... 80Section 6 Play Space......................................................................................... 80Section 7 Minimum Lot Width ....................................................................... 80Section 8 Minimum Lot Depth ........................................................................ 80Section 9 Maximum Lot Coverage ................................................................. 80Section 10 Minimum Floor Area (Residential)......................................... 80

TITLE VIII -- REGULATIONS GOVERNING DISTRICT B-0.......................................... 81ARTICLE I -- PURPOSE............................................................................................... 81ARTICLE II -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS....... 81

Section 1 Minimum Lot Area .......................................................................... 81Section 2 Maximum height .............................................................................. 81Section 3 Minimum side yards ........................................................................ 82Section 4 Minimum front yard........................................................................ 82Section 5 Minimum rear yard ......................................................................... 82Section 6 Play Space......................................................................................... 82Section 7 Minimum Lot Width ....................................................................... 82Section 8 Minimum Lot Depth ........................................................................ 82Section 9 Maximum Lot Coverage ................................................................. 83

TITLE IX -- REGULATIONS FOR DISTRICT B-1 ............................................................ 83ARTICLE I -- PURPOSE............................................................................................... 83ARTICLE II -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS...... 83

Section 1 Minimum Lot Area .......................................................................... 83Section 2 Maximum height .............................................................................. 83Section 3 Minimum side yards ........................................................................ 84Section 4 Minimum front yard........................................................................ 84Section 5 Minimum rear yard ......................................................................... 84Section 6 Minimum Lot Width ....................................................................... 84Section 7 Minimum Lot Depth ........................................................................ 84Section 8 Maximum Lot Coverage ................................................................. 84

TITLE X -- REGULATIONS FOR DISTRICT B-2.............................................................. 85ARTICLE I -- PURPOSE............................................................................................... 85

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ARTICLE II -- ACCESSORY USES............................................................................ 85Section 1 ................................................................................................................. 85Section 2 ................................................................................................................. 85Section 3 ................................................................................................................. 85Section 4 ................................................................................................................. 85


TITLE XI -- REGULATIONS FOR DISTRICT M-1 ........................................................... 87ARTICLE I -- PURPOSE............................................................................................... 87ARTICLE II -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS....... 87

Section 1 Minimum Lot Area .......................................................................... 87Section 2 Maximum height .............................................................................. 88Section 3 Minimum side yards ........................................................................ 88Section 4 Minimum front yard........................................................................ 88Section 5 Minimum rear yard ......................................................................... 88Section 6 Minimum Lot Width ....................................................................... 89Section 7 Minimum Lot Depth ........................................................................ 89Section 8 Maximum Lot Coverage ................................................................. 89

TITLE XII -- REGULATIONS FOR DISTRICT M-2 .......................................................... 89ARTICLE I -- PURPOSE............................................................................................... 89ARTICLE II -- ACCESSORY USES............................................................................ 89

Section 1 ................................................................................................................. 89Section 2 ................................................................................................................. 89Section 3 ................................................................................................................. 89


PART III–SUBDIVISION AND DEVELOPMENT REGULATIONS ..................................... 91TITLE I -- CONCEPT PLANS.............................................................................................. 91

ARTICLE I–PRELIMINARY CONCEPT PLANS ..................................................... 91

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Section 1 Applicability ..................................................................................... 91Section 2 Application for Approval ................................................................ 91

.1 Pre-application meeting.......................................................................... 91

.2....................................................................................................................... 92Section 3 Contents ............................................................................................ 92

.1 General Requirements ............................................................................ 92

.2 Additional Requirements applicable to B-0, B-1, B-2, M-1, and M-2(and to multi-family dwellings in R-3) .................................................. 93

Section 4 Public Notice and Hearing .............................................................. 93Section 5 Sign announcing pending change................................................... 94Section 6 Concept Plan Approval Criteria .................................................... 94Section 7 Infrastructure Upgrades ................................................................. 94Section 8 Effect of Approval ........................................................................... 95Section 9 Amendment ...................................................................................... 95

ARTICLE II–CHANGES BETWEEN PRELIMINARY CONCEPT PLAN ANDPRELIMINARY PLAT, FINAL PLAT, AND/OR SITE PLANS .......................... 95Section 1 Compliance with Preliminary Concept Plan Required ................ 95Section 2 Minor Changes Defined .................................................................. 96Section 3 Major Changes Defined .................................................................. 96

TITLE II–GENERAL SUBDIVISION PROVISIONS AND PROCEDURES ................... 97ARTICLE I -- GENERAL PROVISIONS...................................................................... 97

Section 1 ................................................................................................................. 97Section 2 ................................................................................................................. 97

ARTICLE II -- ROAD REQUIREMENTS .................................................................... 98Section 1 ................................................................................................................. 98Section 2 ................................................................................................................. 98Section 3 ................................................................................................................. 98Section 4 Right of Ways ................................................................................... 98Section 5 Roadbed Width ................................................................................ 99Section 6 Intersections ..................................................................................... 99Section 7 Design................................................................................................ 99Section 8 Drainage............................................................................................ 99Section 9 Surfacing......................................................................................... 100Section 10 Acceptance of County Roads ........................................................ 100Section 11 Construction and Completion of Private Roads ......................... 101Section 12 ............................................................................................................. 102

ARTICLE III -- SEWERS ............................................................................................ 102Section 1 ............................................................................................................... 102Section 2 ............................................................................................................... 102Section 3 ............................................................................................................... 102

ARTICLE IV -- OTHER UTILITIES........................................................................... 102Section 1 ............................................................................................................... 102Section 2 ............................................................................................................... 102

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Section 3 ............................................................................................................... 102ARTICLE V -- DEDICATION OF LAND ................................................................. 103

Section 1 ............................................................................................................... 103Section 2 ............................................................................................................... 103

ARTICLE VI -- ALLEYS, GRADING, AND DRAINAGE........................................ 103Section 1 ............................................................................................................... 103Section 2 ............................................................................................................... 103Section 3 ............................................................................................................... 103

ARTICLE VII -- LOTS ................................................................................................ 103Section 1 ............................................................................................................... 103Section 2 ............................................................................................................... 103Section 3 ............................................................................................................... 104Section 4 ............................................................................................................... 104Section 5 ............................................................................................................... 104

ARTICLE VIII -- OTHER IMPROVEMENTS ........................................................... 104Section 1 Survey Monuments ........................................................................ 104Section 2 ............................................................................................................... 104Section 3 ............................................................................................................... 104Section 4 ............................................................................................................... 104Section 5 ............................................................................................................... 104

ARTICLE IX -- APPLICATION PROCEDURES....................................................... 105Section 1. Preliminary Concept Plan Required ............................................ 105Section 2 ............................................................................................................... 105Section 3 Compliance with Preliminary Concept Plan Required .............. 105Section 4 ............................................................................................................... 106Section 5 ............................................................................................................... 106Section 6 ............................................................................................................... 107Section 7 ............................................................................................................... 107Section 8 ............................................................................................................... 107Section 9 ............................................................................................................... 107Section 10 ............................................................................................................. 108Section 11 ............................................................................................................. 108

TITLE III -- PLAT CONTENT ........................................................................................... 108ARTICLE I -- PRELIMINARY PLATS ...................................................................... 108

Section 1 ............................................................................................................... 108Section 2 ............................................................................................................... 108Section 3 ............................................................................................................... 108Section 4 ............................................................................................................... 108Section 5 ............................................................................................................... 109Section 6 ............................................................................................................... 109Section 7 ............................................................................................................... 109Section 8 ............................................................................................................... 109Section 9 ............................................................................................................... 109

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Section 10 ............................................................................................................. 109Section 11 ............................................................................................................. 109Section 12 ............................................................................................................. 109Section 13 ............................................................................................................. 109Section 14 ............................................................................................................. 109

ARTICLE II -- FINAL PLAT CONTENT ................................................................... 110Section 1 ............................................................................................................... 110Section 2 ............................................................................................................... 110Section 3 ............................................................................................................... 110Section 4 ............................................................................................................... 110Section 5 ............................................................................................................... 110Section 6 ............................................................................................................... 110Section 7 ............................................................................................................... 110Section 8 ............................................................................................................... 110Section 9 ............................................................................................................... 111Section 10 ............................................................................................................. 111Section 11 ............................................................................................................. 111

TITLE IV -- PLANNED GROUP DEVELOPMENTS....................................................... 111ARTICLE I -- PURPOSE AND DEVELOPMENT CRITERIA.................................. 111

Section 1 ............................................................................................................... 111Section 2 ............................................................................................................... 112Section 3 ............................................................................................................... 112

ARTICLE II -- PRELIMINARY PLAN....................................................................... 112Section 1 ............................................................................................................... 112Section 2 ............................................................................................................... 112Section 3 ............................................................................................................... 113Section 5 ............................................................................................................... 113

ARTICLE III -- FINAL PLAN ..................................................................................... 113Section 1 ............................................................................................................... 113Section 2 ............................................................................................................... 114Section 3 ............................................................................................................... 114

PART IV -- PERMITTED USES ............................................................................................... 114TITLE I -- RULES FOR INTERPRETING USE CHARTS ............................................... 114

Section 1 ............................................................................................................... 114Section 2 ............................................................................................................... 114Section 3 ............................................................................................................... 114Section 4 ............................................................................................................... 114Section 5 ............................................................................................................... 115Section 6 ............................................................................................................... 115Section 7 ............................................................................................................... 115Section 8 ............................................................................................................... 115

TITLE II -- TABLE OF PERMITTED USES BY USE ...................................................... 115Section 1 ............................................................................................................... 115

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Section 2 ............................................................................................................... 115TITLE III -- PERMITTED USES BY ZONING DISTRICT .............................................. 140

ARTICLE I -- USES PERMITTED IN DISTRICT A (AGRICULTURAL) ............... 140Section 1 PRIMARY USES ........................................................................... 140Section 2 CONDITIONAL USES ................................................................. 141Section 3 ACCESSORY USES...................................................................... 143Section 4 CONDITIONAL ACCESSORY USES ....................................... 143

ARTICLE II -- USES PERMITTED IN DISTRICT RA (RESIDENTIALAGRICULTURE).................................................................................................. 143Section 1 PRIMARY USES ........................................................................... 143Section 2 CONDITIONAL USES ................................................................. 144Section 3 ACCESSORY USES...................................................................... 145Section 4 CONDITIONAL ACCESSORY USES ....................................... 145

ARTICLE III -- USES PERMITTED IN DISTRICT RE (RURAL ESTATES).......... 145Section 1 PRIMARY USES ........................................................................... 145Section 2 CONDITIONAL USES ................................................................. 145Section 3 ACCESSORY USES...................................................................... 146Section 4 CONDITIONAL ACCESSORY USES ....................................... 146Section 5 PLANNED GROUP DEVELOPMENTS .................................... 146

ARTICLE IV -- USES PERMITTED IN DISTRICT R (SINGLE-FAMILYDWELLING)......................................................................................................... 147Section 1 PRIMARY USES ........................................................................... 147Section 2 CONDITIONAL USES ................................................................. 147Section 3 ACCESSORY USES...................................................................... 147Section 4 CONDITIONAL ACCESSORY USES ....................................... 147Section 5 PLANNED GROUP DEVELOPMENTS .................................... 148

ARTICLE V -- USES PERMITTED IN DISTRICT R-1 (SINGLE-FAMILYDWELLING)......................................................................................................... 148Section 1 PRIMARY USES ........................................................................... 148Section 2 CONDITIONAL USES ................................................................. 149Section 3 ACCESSORY USES...................................................................... 149Section 4 CONDITIONAL ACCESSORY USES ....................................... 149Section 5 PLANNED GROUP DEVELOPMENTS .................................... 149

ARTICLE VI -- USES PERMITTED IN DISTRICT R-2 (TWO-FAMILYDWELLING)......................................................................................................... 150Section 1 PRIMARY USES ........................................................................... 150Section 2 CONDITIONAL USES ................................................................. 150Section 3 ACCESSORY USES...................................................................... 151Section 4 CONDITIONAL ACCESSORY USES ....................................... 151Section 5 PLANNED GROUP DEVELOPMENTS .................................... 151

ARTICLE VII -- USES PERMITTED IN DISTRICT R-3 (MULTIPLE-FAMILYDWELLING)......................................................................................................... 152Section 1 PRIMARY USES ........................................................................... 152

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Section 2 CONDITIONAL USES ................................................................. 152Section 3 ACCESSORY USES...................................................................... 153Section 4 CONDITIONAL ACCESSORY USES ....................................... 153Section 5 PLANNED GROUP DEVELOPMENTS .................................... 153

ARTICLE VIII -- USES PERMITTED IN DISTRICT B-0 (OFFICE & SERVICEBUSINESS)........................................................................................................... 154Section 1 PRIMARY USES ........................................................................... 154Section 2 CONDITIONAL USES ................................................................. 155Section 3 ACCESSORY USES...................................................................... 156Section 4 CONDITIONAL ACCESSORY USES ....................................... 156

ARTICLE IX -- USES PERMITTED IN DISTRICT B-1 (LOCAL BUSINESS) ....... 156Section 1 PRIMARY USES ........................................................................... 156Section 2 CONDITIONAL USES ................................................................. 159Section 3 ACCESSORY USES...................................................................... 159Section 4 CONDITIONAL ACCESSORY USES ....................................... 159

ARTICLE X -- USES PERMITTED IN DISTRICT B-2 (GENERAL BUSINESS)... 159Section 1 PRIMARY USES ........................................................................... 159Section 2 CONDITIONAL USES ................................................................. 164Section 3 ACCESSORY USES...................................................................... 165

ARTICLE XI -- USES PERMITTED IN DISTRICT M-1 (LIGHT INDUSTRIAL) .. 165Section 1 PRIMARY USES ........................................................................... 165Section 2 CONDITIONAL USES ................................................................. 169Section 3 ACCESSORY USES...................................................................... 170Section 4 CONDITIONAL ACCESSORY USES ....................................... 170

ARTICLE XII -- USES PERMITTED IN DISTRICT M-2 (HEAVY INDUSTRIAL)170Section 1 PRIMARY USES ........................................................................... 170Section 2 CONDITIONAL USES ................................................................. 176Section 3 ACCESSORY USES...................................................................... 178Section 4 CONDITIONAL ACCESSORY USES ....................................... 178

PART V–LAND EVALUATION AND SITE ASSESSMENT ............................................... 178Section 1 Applicability ................................................................................... 178Section 2 Procedures ...................................................................................... 179Section 3 Evaluation Criteria and Scoring .................................................. 179Section 4 Passing LESA Score ...................................................................... 182

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AN ORDINANCE ENACTED, PURSUANT TO CHAPTER 64 REVISED STATUTESOF MISSOURI, TO REPEAL THE PREVIOUSLY ENACTED ZONING REGULATIONS OFLAFAYETTE COUNTY, THE PREVIOUSLY ENACTED SUBDIVISION REGULATIONSOF LAFAYETTE COUNTY, AND THE PREVIOUSLY ENACTED LAFAYETTE COUNTYSUBDIVISION ROAD REQUIREMENTS AND TO ESTABLISH IN THEIR PLACE THEFOLLOWING REGULATIONS

PART I -- GENERAL PROVISIONS AND REGULATIONSAPPLICABLE TO ALL DISTRICTS

TITLE I -- GENERAL PROVISIONS

ARTICLE I -- TITLE & RELATED PROVISIONS

Section 1 This Ordinance shall be known and may be cited as the Zoning Regulations ofLafayette County, Missouri.

Section 2 This Ordinance shall be interpreted and applied so as to further the followinggoals:

.1 The promotion of the best use of the resources of Lafayette County given currentand future needs;

.2 The promotion of a sustainable rate of growth in Lafayette County;

.3 Directing and controlling growth in such a way as to minimize any adverse impactfrom such growth;

.4 Minimizing the number of locations where incompatible uses of land occur inclose proximity; and

.5 The promotion of the health, safety, and general welfare of the residents ofLafayette County.

Section 3 Applicability. The provisions of these regulations shall apply to all land,property, and development in the unincorporated area of Lafayette County, except as expresslyand specifically authorized in these Regulations. No development shall be undertaken orbuilding constructed without prior authorization pursuant to these regulations.

Section 4 Purpose, Plan Consistency Required. These regulations are intended toimplement the goals and policies of the Lafayette County Comprehensive Plan and are hereby

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deemed to be consistent with the adopted Comprehensive Plan for the County. Any amendmentsor changes to these regulations shall be consistent with the Comprehensive Plan as it may beamended. An amendment to the text of these regulations is consistent with the ComprehensivePlan if it complies with the goals, objectives, policies and standards established in theComprehensive Plan. An amendment to the Zoning Map is consistent with the ComprehensivePlan if it is consistent with the Growth Tiers and Future Land Use Maps of the ComprehensivePlan and with the text and policies of the Comprehensive Plan explaining and implementing theGrowth Tiers and Future Land Use Maps.

Section 5 Relationship to Other Regulations/Plans. The use of buildings and land withinthe County shall be subject to these Regulations and to all other ordinances adopted by theCounty Commission or the County Health Department, regardless of whether said ordinances arecross-referenced or otherwise referred to in these Regulations. In land located within the UrbanService Areas on the Growth Tier Map of the Comprehensive Plan, the use of buildings andlands and development of land shall also be consistent with any Mutual Agreements between theCounty and the adjoining city. These Regulations shall be interpreted as minimum requirements.In granting permits or considering development plans or plats, the Zoning Administrator,Planning and Zoning Commission, or County Commission may impose higher standards whenrequired by the conditions of a lot and surrounding property.

Section 6 Relationship to Deed Restrictions. The provisions of these Regulations shallnot affect the validity of any private deed restriction, covenant, easement, or any other privateagreement on the use of land. If the provisions of these Regulations impose more restrictive orhigher standards than such private restrictions, the requirements of these Regulations shallcontrol. If the private restrictions are more restrictive or impose higher standards than theseRegulations, such private restrictions shall control but only if enforced by a private person havingthe right to enforce such private restrictions. No such private restrictions shall be enforced by theCounty.

Section 7 Nothing in this Ordinance shall be interpreted as affecting the terms of anymembers of the Planning & Zoning Commission or the Board of Zoning Adjustment serving atthe time of the adoption of this revision to the Zoning Regulations of Lafayette County, nor toaffect the validity of any permit previously granted or plat previously approved. Furthermore,nothing in this Ordinance shall be interpreted as extending or reducing the time for filing a finalplat or the term of a permit previously granted. Finally, nothing in this Ordinance shall beinterpreted as transforming any use not permitted under any prior zoning ordinance into apermissible non-conforming use or non-conforming conditional use.

ARTICLE II -- DEFINITIONS

Section 1 When not otherwise specified, terms used in this Ordinance shall be interpretedaccording to ordinary usage as found in the latest edition of Webster’s CollegiateDictionary.Words used in the present tense include the future; words used in the singular include the plural

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and vice versa; the words “shall” and “must” are mandatory; the term “building” includes the term “structure”; and the term “used for” includes the meanings “designed for” and “intended for.” Where not otherwise specified, any reference to a government official or body shall be assumed to refer to that official or body for Lafayette County and, where applicable, to assistantsto such official. For uses contained in the Standard Land Use Coding Manual, the activitiescovered by that use shall be interpreted in light of any subcategory of that use and any notes onthat use contained within the Standard Land Use Coding Manual, unless the use is specificallydefined in Section 2 of this Article.

Section 2 When used in this ordinance, the following terms shall mean the followingdefinitions:

Accessory Building or Use: A subordinate building or use customarily incident to and locatednear the main building or use of the property. e.g., swimming pools, garages, air conditioners

Agricultural Use Easement: An easement granted by the owner of property that recognizes therights of one or more agricultural operators to conduct agricultural operations on propertyadjacent to or in close proximity to the owner’s property and protecting the agricultural operator from nuisance claims resulting from dust, odors, lights, noise and other impacts related to normalagricultural operations (“Right to Farm”).

Agriculture: The principal use of land for agricultural purposes, including farming, dairying,pasturage, agriculture, horticulture, floriculture, viticulture, and animal husbandry. The term“agricultural use” shall include dwellings but only as accessory to the operation of theagricultural use.

Airport: Any area of land or water which is used, or intended for use for the landing and takingoff of aircraft, and any appurtenant areas which are used or intended for use for airport buildingsor other airport facilities or right-of-ways, including all necessary taxiways, aircraft storage andtie-down areas, hangars, and other necessary buildings and open spaces.

Alley: A public way which affords only a secondary means of access to abutting property.

Alteration: Any change to the structural parts of a building including an enlargement orrelocation.

Apartment: A room or suite of rooms within an apartment house arranged, intended, designedfor, or used as the place of residence of a single family or group of individuals living together asa single housekeeping unit.

Apartment Hotel: An apartment house which furnishes, for the use of its tenants, servicesordinarily furnished by hotels, but the privileges of which are not primarily available to thepublic.

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Apartment House: A building arranged, intended, or designed for, or occupied by more than twofamilies.

Automobile & Truck Washing Services: Is a building, lot, or portion thereof, containingfacilities, open to the public, for washing automobiles or other motor vehicles whether by usingproduction line methods with a chain conveyer, blower, steam cleaning device, or othermechanical devices, or by providing space, water, equipment, or soap for the complete or partialhand-washing of such automobiles, whether by operator or by customer.

Basement or cellar: Any floor, other than the top floor, of a building in which more than 50% ofthe area of the exterior walls are located below the surface grade. A basement or cellar will notbe considered as a story for height limitations where number of “stories” is part of the height criteria.

Block: A piece or parcel of land entirely surrounded by public highways or streets. In caseswhere the platting is incomplete or disconnected, the Administrator shall determine the outline ofa block.

Boarding or Lodging House: A building or dwelling or part thereof where meals or lodging areprovided for compensation for two or more persons, not transients, and where there are not morethan twelve (12) sleeping rooms, nor sleeping spaces for more than twenty-four (24) people.

Bond: Any security required by this Zoning Ordinance. Such security shall be in the form of asurety bond or cash deposit in an amount and form satisfactory to the County Commission. Allsuch bonds must be approved by the County Commission before being accepted.

Buildable Width: The width of that part of a lot not included within the open spaces hereinrequired.

Buildings: Anything, other than a fence or boundary wall, constructed or erected, which requireslocation on the ground or is attached to something having a location on the grounds, includingbut not limited to advertising signs or billboards.

Building, Temporary: Any building used during construction to house people, material, orequipment. Such buildings shall be removed within thirty days of the end of construction.

Building Setback Line: A line on a plat indicating the limit beyond which no buildings orstructures may be erected.

Camp: Any plot, including its area of land or water, on which are located two (2) or more cabins,tents, shelters, houseboats, or other accommodations of the design or character suitable forseasonal or other more or less temporary living purposes, but not including a day camp, trailer

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camp, rooming house, tourist home, hotel, summer colony, hospital, place of detention, school ofgeneral instruction, or nursery school.

Caretaker & Guest Cottages: Living quarters within an accessory building located on the same lotwith the main building or residence for use by guests, family members, or employees of theowners or occupants of the main building or residence or the lot. The living area of suchbuilding shall not exceed 60% of the floor area of the main building or principal residence; andno more than one such building shall be built on any lot. If an accessory building is used solelyas a residence, the “living area” of the building shall be equal to the floor area of the building. If an accessory building has dual uses, the “living area” shall be equal to the floor area of the entire building unless: (1) the “non-residential” portion of the building must be accessible without going through the “residential” portion; and (2) the “residential” portion of the building must be accessible without going through the “non-residential” portion; and (3) the “residential” portion of the building must be physically separated from the “non-residential” portion by means of a doorway which can be locked by the occupants of the “residential” portion. If there are“common” areas, this requirement may be waived by the Zoning Administrator as to the “common” area, but such areas shall be considered to be part of the “residential” portion. For dual-use accessory buildings which meet these requirements, the “living area” shall be the floor area of the residential portion. Prior to construction of a dual-use accessory building orconversion of an existing building to dual-use, the owner of the building shall submit detailedplans to the Zoning Administrator for purposes of determining which portion of the buildingshall be treated as “residential” and which portion shall be treated as “non-residential.” If the owner fails to submit such plans or deviates from such plans in the construction or conversion ofthe building, the entire building shall be treated as “residential.”

Cemetery: Land used for the burial of the dead and dedicated for cemetery purposes, includingcolumbariums and mausoleums.

Clinic, Medical: Any building or group of offices used by one or more persons lawfully engagedin the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings,including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths,optometrists, and podiatrists, and in which no patients are lodged overnight, but which mayinclude an apothecary.

Club, Private: Any building or premises owned by a non-profit association composed of dues-paying members and the use of which is restricted to members and their guests. It shall bepermissible to serve meals on such premises providing adequate dining room space and kitchenfacilities are available. The sale of alcoholic beverages to members and their guests shall beallowed, provided it is secondary and incidental to their promotion of some other commonobjective by the organization, and further provided that such sale of alcoholic beverages is incompliance with the applicable Federal and State laws.

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Common Open Space: An area of land or water or combination thereof planned for passive oractive recreation, which does not include areas utilized for streets, alleys, driveways, privateroads, off-street parking, or loading areas. However, the area of outdoor recreational activitiessuch as swimming pool, tennis courts, shuffleboard courts, etc., may be included as commonopen space.

Comprehensive Plan: The duly adopted Comprehensive Plan for the development of the Countyincluding any maps, charts, illustrations, and standards incorporated within that plan.

Condominium: A single dwelling unit under individual ownership within a multiple dwellingunit structure. A structure with two condominiums shall be considered a two-family dwellingand a structure with more than two condominiums shall be considered a multiple-familydwelling.

Conservation Easement: An easement limiting the use of property for agricultural,conservation, and passive recreational use of property, including the establishment of not morethan one residence on the property consistent with the requirements of the Internal RevenueCode.

Conservation Subdivision A subdivision consisting of one or more lots of less than twenty-five acres in the Agricultural District under Part II, Title I, Article III, Section 1.3 of theseRegulations.

Conservation Subdivision Lot: For the purposes of the creation of a conservationsubdivision under these regulations, a lot or tract of property of less than twenty-five acressubdivided from the parent tract.

Convalescent or Nursing Home: A building or group of buildings operated by an institution oragency required to be licensed by the State of Missouri under Chapter 198 of the RevisedStatutes of Missouri, or such recodifications of that Chapter as may be enacted by the GeneralAssembly, but not including facilities for the care and treatment of mental illness, alcoholism, ornarcotics addiction.

Cul-de-sac: A street in which at least one of its ends is a turnaround.

Curb Level: The mean level of the curb or front lot line.

Day Care Center: A child care facility as defined under Chapter 210 of the Revised Statutes ofMissouri or an adult day care program as defined under Chapter 660 of the Revised Statues ofMissouri, or such recodifications of those Chapters as may be enacted by the General Assembly.

Density of Screen or Fence: The percent to which a fence or other screen obstructs vision whenviewed at a right angle.

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Developer (Subdivider or divider): Any proprietor, individual, firm, association, syndicate,partnership, corporation, trust, or other legal entity that causes land to be platted or subdividedfor itself or others.

Development Right Restriction: A restriction or easement granted to the County on part ofthe parent tract (or a contiguous tract with common ownership) restricting further development orsubdivision of the easement in exchange for the County allowing the creation of a conservationsubdivision.

Drive-In Establishment: A place of business being operated for the sale and purchase at retail offood, other goods, services, or entertainment, which is laid out and equipped so as to allow itspatrons to be served or accommodated while remaining in their motor vehicles.

Dwelling or Residence: A building or structure whether built on or off site (excluding mobilehomes, but including modular homes) arranged, intended or designed to be used primarily as apermanent living quarters for people. Recreational Vehicles (RV), campers, travel trailers andsimilar vehicle-like traveling compartments shall not be considered to be dwellings or residencesunder this definition.

Dwelling, Multiple: A building, or portion thereof, (excluding mobile homes, but includingmodular homes, located on one lot or parcel of land designed for or occupied as a home for threeor more families or households living independently of each other, including apartment houses,condominiums, tenements, and apartment hotels.

Dwelling, Single-Family (Detached): A residential building (excluding mobile homes, butincluding modular homes, designed for and occupied by one family.

Dwelling, Single-Family (Attached): A portion of a residential building (excluding mobilehomes, but including modular homes) designed for and occupied by one family and which islocated on a separate lot apart from the remaining portion of the residential building. Each suchdwelling may be sold independently of the remaining portion of the residential building.

Dwelling, Two-Family (Duplex): A residential building (excluding mobile homes, but includingmodular homes) designed for and separately operated by two families in which both portions arelocated on the same lot.

Easement: A right given by the owner of land to another party for specific limited use of thatland.

Exception: An exception shall mean the allowance of a use otherwise prohibited by thisOrdinance in a particular district. Such an allowance may be granted only by the express action

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of the Board of Zoning Adjustment within the limits on such allowances expressed within thisOrdinance.

Family: A group of persons living together as a single non-profit housekeeping unit in onedwelling.

Farm Split: The creation of a new lot of less than twenty-five (25) acres in the AgriculturalDistrict under Part II, Title I, Article III, Section 1.4 of these Regulations. This term used to alsorefer to the creation of one or more lots of less than twenty-five acres under Part II, Title I,Article III, Section 1.3 of these Regulations. The current term for the creation of lots under PartII, Title I, Article III, Section 1.3 of these Regulations is “Conservation Subdivision.”.

Farm Split Tract: A new lot of less than twenty-five (25) acres in the Agricultural Districtcreated under Part II, Title I, Section 1.4 of these Regulations. This term used to refer to new lotscreated under Part II, Title I, Section 1.3 of these Regulations. The current term for lots createdunder Part II, Title I, Section 1.3 of these Regulations is “Conservation Subdivision Lot.”

Feed Lot: An animal feeding operation that does not have a reasonable expectation of sustainedground cover of vegetation over 50% of the animal confinement area and has more than oneanimal unit (AU) per acre of the lot, tract, or parcel of land on which said animal feedingoperation is located. An animal unit is defined as any of the following: a) 1.0 beef feeder orslaughter animal; b) 0.5 horses; c) 0.7 dairy cows; d) 2.5 swine weighing over 55 pounds; e) 15swine weighing 55 pounds or less; f) 10 sheep; g) laying hens; h) 60 pullets; I) 55 turkeys; or j)100 broiler chickens. Whenever application of this definition to a particular lot, tract, or parcelof land would result in a fraction of an animal being permitted, said fraction shall be rounded upto the next whole number. E.g., if the definition would allow for 9.1 of a particular animal on alot, that number would be rounded up to 10.

Flood Plain: All lands within the jurisdiction of Lafayette County identified on the FloodInsurance Rate Map (FIRM) as numbered and unnumbered A Zones; a Floodway OverlayDistrict (FW), and a Floodway Fringe Overlay District (FF) identified in the Flood InsuranceStudy and accompanying maps, said maps being incorporated as part of the Zoning Map.

Floor Area:A. Commercial buildings, industrial buildings, and buildings containing mixed uses -

- the sum of the gross horizontal areas of the several floors of the buildingmeasured from the exterior faces of the exterior walls but not including attic spaceproviding headroom of less than seven feet, basement space not used for retailing,and accessory water and cooling towers.

B. Residential buildings -- the sum of the gross horizontal areas of the several floorsof the dwelling exclusive of garages, basements, and open porches, measuredfrom the external faces of the exterior walls.

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Frontage: The length of the property abutting on one side of a street measured along the dividingline between the property and the street. Unless otherwise specified by this Ordinance, CornerLots shall be deemed to front on that street on which it has the least dimension.

Garage, Auto Repair: Any building or premises used for the care or repair of motor vehicleswhich is operated for commercial purposes.

Garage, Public: Any building or premises, other than private, providing storage for motorvehicles but no other services except for facilities of washing motor vehicles.

Garage, Porch, or Yard Sale: All general sales (regardless of name used), open to the public,conducted from or on a residential premise in any residential district for the purpose of disposingof personal property. Such sales shall be limited to a period of ten (10) consecutive days, and nomore than two such sales may be conducted on any lot within a given year.

Gas(oline) Service Station: Any building or land used for the sale or retail of automobile fuels,oils, and accessories, including lubrication of automobile and replacement or installation ofminor parts and accessories, but not including major repair work such as motor replacement,body and fender repair, or spray painting.

Gross Acres: Includes public right-of-ways and land dedicated to public or semi-public uses.Unless otherwise specified, gross acres shall be used to determine the lot area or size.

Height of Buildings: The vertical distance measured from the highest of the following threelevels: from the curb level, from the established or mean street grade when no curb has beenconstructed, or from the average finished ground level adjoining the building when it set backsfrom the street line to the level of the highest point of the roof beams of flat roofs or roofs with aslope of less than one inch to the foot and to the mean height level between the eaves and thehighest ridge for other roofs.

Home Occupation: A use of no more than 25 percent of the floor area of any one floor of adwelling unit by members of the family therein for the provision of personal services notinvolving the stocking, storing, transfer, or exchange of any good or merchandise unless suchactivity is incidental to the provision of the service. Permissible services shall be the same orsimilar to the following: bookkeeping, accounting, architecture, engineering, legal counseling,medical services, financial counseling, artist, photography, tutoring, child or adult care except forday care centers, secretarial services, drafting, and millinery. No evidence of such homeoccupation shall extend beyond the confines of the dwelling unit other than such signs as arepermitted under this Ordinance.

Home Occupation - Farm Oriented: In the agricultural and residential agriculture districts, inaddition to uses which qualify as a home occupation under the above definition, other uses may

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be allowed as a farm oriented home occupation, subject to the approval of the Planning andZoning Commission.

Hospital: A building or group of buildings having room facilities for one or more overnightpatients used for providing services for the medical or surgical care of injured humans, andwhich may include related facilities, central service facilities, and staff officers; provided,however, that such related facilities must be incidental and subordinate to the main use and mustbe an integral part of the hospital operation.

Hotel: A building occupied or used as a more or less temporary abiding place of individuals orgroups of individuals who are lodged, with or without meals, and in which there are more thanfive sleeping rooms and no provision for cooking in individual room, regardless of whetherdesignated as a hotel, motel, inn, automobile court, motor inn, motor lodge, tourist cabin, touristcourt, or similar designation.

Improvements: Shall include, but not be limited to, streets, sanitation, water, storm drainage,utilities, survey monuments, reservations, parks, sidewalks, streets signs, street lighting, trees,and landscaping.

Junkyard (Salvage Yard): An area of land with or without buildings used for or occupied by adeposit, collection or storage (except inside a completely enclosed building) of used or discardedmaterials such as wastepaper, rags, scrap materials, used building materials, house furnishings,machinery, and vehicles or parts thereof. Specifically a deposit or the storage of two (2) or moreinoperable vehicles or parts of two (2) or more such vehicles for one (1) month or more in aResidential District, or for three (3) months or more in any other district, shall be deemed aJunkyard. In all other cases, the Administrator shall determine when a use is a Junkyard andshall notify the owner of such determination. The mailing of such determination by regular mailto the last known address of the owner shall constitute notice for this purpose. The owner mayappeal such determination to the Board of Zoning Adjustment within ninety (90) days of themailing of said notice.

Kennel: Any place, area, building, or structure where dogs, cats, or other household domesticpets are boarded, bred, housed, cared for, fed, or trained by other than the owner. The occasionalraising and sale of a litter of kittens or puppies or other household domestic pets shall notconstitute a kennel.

Legitimate Interest: A party has a legitimate interest in a lot or parcel of property if they are theowner of the property, a lessee, or if they have an option or contract to purchase the property.

Loading Space: A space within the main building or on the same lot providing for the loading orunloading of trucks with a minimum of 14 by 50 feet and a vertical clearance of 18 feet.

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Lot: A parcel of land occupied or to be occupied by a building and its accessory building, andincluding such open spaces as are required under this Ordinance, and having its principalfrontage upon a public street or place.

Lot Area: The computed area enclosed by the lot boundaries.

Lot, Corner: A lot abutting upon two or more street at their intersections.

Lot, Double Frontage: A lot having a frontage on two non-intersecting streets.

Lot, Existing: For lots in unincorporated areas of the County, a lot shall be an existing lot if: 1)the boundaries of the lot are contained within a deed or plat filed in the Office of the Recorder ofDeeds prior to December 1, 1999; 2) the lot is contained within a subdivision which has beenapproved under Part III of this Ordinance, the approval of which (either as a plat or a waiver ofplat) has been filed in the Office of the Recorder of Deeds; 3) the lot is contained within asubdivision for which no approval is required under Part III of this Ordinance; 4) the boundariesof the lot are contained within a deed filed in the Office of the Recorder of Deeds after December1, 1999, but only if the deed represents a boundary change between two lots which qualify asexisting lots under this definition; or 5) the boundaries of the lot are contained within a judgmentof a court of record in this state or a will admitted to probate in the Circuit Court of LafayetteCounty.

Lot, Interior: A lot whose side lines do not abut upon any street.

Lot, Key: A lot having its side lot lines coincident on one or both sides with the rear lot line ofadjacent lots.

Lot Depth: The mean horizontal distance from the front lot line to the rear lot line.

Lot Lines: The lines bounding a lot as defined herein. In certain cases due to unusual lot shape,the Administrator shall determine which line is the rear lot line.

Lot Width: The mean horizontal distance between side lines measured at a right angle to thedepth.

Mobile Home: A manufactured detached transportable single-family dwelling unit,manufactured upon a chassis or undercarriage as an integral part thereof, without independentmotive power, designed for long-term occupancy as a complete dwelling unit and containing allconveniences and facilities, with plumbing and electrical connections provided for attachment toapproved utility systems. Any such unit shall be deemed to be a mobile home whether or notresting upon a temporary or permanent foundation. A mobile home shall not be permitted asthe primary residence on a lot of less than twenty-five (25) acres, except in a mobile home park.

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Mobile Home Park: A lot or series of adjoining lots under common ownership, which areoccupied or intended for occupation by four or more Mobile Homes, whether or not a charge ismade to the occupants of said Mobile Homes except that this definition shall not apply totemporary housing occupied by seasonal transient employees of the owner of the lot or lots.

Modular Home: A home which is manufactured in sections and finally assembled on the site.Modular homes shall comply with applicable state statutes and state regulations governingmodular homes and modular units, including the building code from time to time adopted by thestate agency responsible for regulating modular homes, modular units and other similarstructures, and shall be designed to be permanently placed and anchored on a foundation and notthereafter transferred and shall not be considered mobile homes. Written proof acceptable to thePlanning and Zoning Administrator shall be provided that the home meets the state regulationsregarding modular homes.

Motel: See Hotel.

Net Acres: The land area allowable for development, including yards and setbacks required bythis Ordinance.

Parent Tract: For the purposes of conservation subdivisions under these Regulations, a tract ofproperty as it exists prior to an application for a conservation subdivision. If the owners sochoose, a contiguous piece of property with common ownership may be treated as part of theparent tract for the purposes of the regulations governing conservation subdivisions.

Parking Lot or Area: An area devoted to off-street parking of five (5) or more vehicles on anyone lot for public use, except as an accessory use.

Planned Group Development: A tract or tracts of land which is to be developed in accordancewith a plan approved pursuant to this Ordinance.

Premises: A lot or parcel of land, together with all buildings and structures thereon.

Principal or Main Buildings: The structure (or structures) containing the primary use or functionattributed to the tract of ground where such function is within the confines of the buildings.

Public Utility: Any firm, agency, or organization duly authorized, under state or municipalregulations, to furnish to the public services of the same or similar nature as electricity, gas,steam, communications, transportation, sewage disposal, or water.

Restaurant: A public establishment at which the primary function is the preparation and servingof food.

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Residential District: Any lot or group of lots zoned RE, R, R-1, R-2 or R-3 or any lot or group oflots located in a residential subdivision. To be construed as a residential subdivision for thepurpose of this ordinance, the subdivision must include three or more connected lots on whichresidential homes have been built with an average gross acreage of less than five acres per lot,and none of the lots may be used for primarily agricultural activities.

Right of Way: A strip of land occupied, intended to be occupied, or dedicated for possibleoccupation by a street, walkway, railroad, utility line or pipe, water main, sanitary sewer main,storm sewer main, or for another similar use.

Roadway (Traveled Way): The portion of a street available for vehicular travel. If curbs are laid,the portion of the street from the back of the curbs on one side to the back of the curbs on theother side.

Side Line: Any lot boundary line not a front or rear line thereof.

Sight Triangle: An area at a street intersection in which nothing shall be placed, erected, planted,or allowed to grow in such a manner as to impede vision between a height of 2 ½ feet and 8 feetabove the grades of the bottom of the curb of the intersecting streets. This area shall extendninety feet from the point of intersection of the centerlines of the streets.

Sign: Any item, whether or not part of a permanent structure designed to be an announcement,direction, or advertisement. A sign includes a billboard, also a neon tube, string of lights, orsimilar device outlining or hung upon any part of a building or plot, but does not include the flagor insignia of any nation, group of nations, or subdivision of any nation, or of any governmentalagency or of any political, educational, charitable, philanthropic, civic, professional, religious, orlike campaign, drive, movement or event. If for a business located on the same plot and thatbusiness is the principal activity on the lot, the sign shall be deemed a business sign. Otherwise,the sign shall be deemed an advertising sign and shall be regulated as provided in Section226.500 to 226.600, RSMo. However, a sign noting that the lot is for sale or for lease shall bedeemed a business sign. See also Section 2 of Article V of Title II of this Part.

Solid Waste: All refuse, including but not limited to dead animals, discarded appliances,abandoned or inoperative vehicles, demolition and construction wastes, hazardous wastes,digested sludges resulting from the treatment of domestic sewage, and liquid and gas wastematerials resulting from industrial, commercial, agricultural, and residential activities.

Solid Waste Disposal Site: Any site for the disposal of solid waste generated by more than oneresidential premise or more than one industrial, commercial, or agricultural operation.

Stable: An accessory building for the keeping of horses, ponies, or mules, which are not kept forhire.

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Stable-Riding (Commercial): A structure and premises in which horses, ponies, or mules, usedexclusively for pleasure riding or driving are housed or kept for hire.

Story: That part of a building, excluding basements and cellars, included between the surface ofone floor and the surface of the floor next above. If there is no floor next above, that part of thebuilding between the roof and the surface of that floor. However, if the main line of the eaves isbelow the median of the interior height of such story, the top story shall be considered to be ahalf-story.

Street: A right-of-way and road way improvements which affords principal means of access toproperty abutting thereon.

Street Line: The dividing line between the street, including any unimproved right-of-way, and theabutting property.

Street, Expressway: A street which provides fast and efficient movement of large volumes oftraffic without direct access to abutting property.

Street, Arterial: A street which provides for though traffic between and around areas with directaccess to abutting property, subject to necessary control of entrances.

Street, Collector: A street which provides for traffic movement between arterials and localstreets, with direct access to abutting property.

Street, Local: A street which provides direct access to abutting land and local traffic movementwithin an area, regardless of the uses present in that area.

Street Width: The distance measured perpendicular to the centerline of the Roadway from oneedge of the Roadway to the other edge of the Roadway.

Structure: Anything constructed or erected which requires a location on the ground or which isattached to something having a location on the ground, including, but not limited to, advertisingsigns, billboards, and poster panels, but exclusive of fences, boundary walls, and retaining walls.

Structural Alterations: Any alteration or addition to the supporting members of a building such asbearing walls, columns, beams, or girders.

Subdivision (division): The division of an existing lot, parcel, or tract of land into two or morelots for the purpose of immediate or future transfer of ownership or building developmentincluding resubdivision or any act in furtherance of such division or subdivision. However,nothing in this definition shall be interpreted as including a deed of trust or mortgage as definedin Chapter 443 of the Revised Statutes of Missouri if such a mortgage or deed of trust wascreated to secure a loan originated by a bank or other financial institution as defined by Chapter

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362 of the Revised Statutes of Missouri, even if such mortgage or deed of trust covers only partof an existing lot.

Swimming Pool, Private: A pool which is an accessory use to a residential use and is for theexclusive use of occupants of the residential building and their guests.

Tavern or Bar: An establishment in which the primary function is the public sale and serving ofalcoholic and/or nonalcoholic beverages for consumption on the premises.

Unincorporated Area: That portion of the County lying outside any incorporated municipality.

Variance: The granting of permission of the Board of Zoning Adjustment to allow thedevelopment of a lot or tract for uses allowed by the zoning of that lot but in a manner whichexceeds maximums imposed by this ordinance or in a manner which does not meet theminimums imposed by this ordinance where such permission is needed to allow the owner of thattract to engage in uses similar to those uses being made on neighboring lots.

Yard: An open space at grade between a building and the adjoining lot lines.

Yard, Front: A yard across the full width of the lot extending from the front line of a building tothe front line of the lot.

Yard, Rear: A yard extending across the full width of the lot, extending from the rear line of abuilding to the rear line of the lot.

Yard, Side: A yard between a building and a side line of the lot and extending entirely from thefront yard to the rear yard thereof.

Yard Size: Yard size shall be measured by taking the least horizontal distance between a lot lineand a building.

Yard Size, Minimum: The closest distance that a building or structure may be from the lot line.If there are multiple buildings on a lot, except as otherwise provided, the minimum distancebetween the two buildings or structures shall be determined by adding the respective minimumyard sizes.

Section 3 For regulations governing height, area, bulk and dimensions of lots and structures,lot coverage shall include the total area of all principal and accessory buildings as measuredalong the outside wall at ground level or as viewed from above and shall include all projectionsother than open porches, fire escapes, canopies, or the first three feet of a roof overhang as wellas interior streets, access or service roads, driveways, parking lots or areas. For the purposes ofdetermining lot coverage as a percentage of total lot area in residential districts, net acreage shallbe used as the measurement of lot area.

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Section 4 For regulations where the depth of a yard is controlled by the height of a building,the height shall be computed for each building side abutting the yard to be controlled. The heightshall be the mean height along the building side. Height shall be measured from the higher of thestreet curb level -- or mean street grade if there is no curb -- or the average finished ground leveladjoining the building to the level of the highest point of the roof beam for flat roofs or roofswith a grade of not more than one inch per foot. For other roofs, height shall be measured to themedian point between the eaves and the highest ridge.

ARTICLE III–COMPREHENSIVE PLAN

Section 1 Amendments to the Comprehensive Plan–The Planning and ZoningCommission may consider Amendments to the text of the Comprehensive Plan (includingamendments to all maps excluding the Growth Tier Map and Future Land Use Map) on its ownmotion. The Planning and Zoning Commission may consider Amendments to the Future LandUse Map and Growth Tier Map upon its own motion or upon the application of an interestedparty.

Section 2 Applications to Amend the Comprehensive Plan -- A party with a legitimateinterest in any parcel located within the area covered by the application may file an Applicationto Amend the Growth Tier Map and Future Land Use Map. The minimum area that may becovered by an application is:

.1 for a change to the Growth Tier Map from current tier to:

a. Urban Tier, 40 acres or the equivalent of a quarter of a quarter of a sectionof the United States Geological Survey;

b. Rural Residential, 160 acres or the equivalent of a quarter of a section ofthe United States Geological Survey;

c. Highway Commercial, 40 acres or the equivalent of a quarter of a quarterof a section of the United States Geological Survey;

d. Agricultural Resource, 160 acres or the equivalent of a quarter of a sectionof the United States Geological Survey.

.2 for a change to the Future Land Use Map from current projected future use to:

a. Urban Mix/Industrial, 40 acres or the equivalent of a quarter of a quarterof a section of the United States Geological Survey;

b. Rural Residential, 160 acres or the equivalent of a quarter of a section ofthe United States Geological Survey;

c. Highway Commercial, 40 acres or the equivalent of a quarter of a quarterof a section of the United States Geological Survey;

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d. Agricultural Resources, 160 acres or the equivalent of a quarter of asection of the United States Geological Survey.

Section 3 Notice Requirements

.1 Upon application by a party with a legitimate interest under Section 2 of thisArticle, notice of the proposed change shall be sent by certified mail to all ownersof property owners in the area being changed or within 1,000 feet of the boundaryof any parcel located either partially or entirely within that area at least fifteendays prior to the hearing on the proposed change.

.2 Notice of all proposed changes whether to the Future Land Use Map and/orGrowth Tier maps or to any other part of the Comprehensive Plan shall bepublished in a newspaper at least fifteen days prior to the hearing on the proposedchange.

.3 No action shall be taken before a public hearing has been conducted by thePlanning and Zoning Commission which complies with this section and theprovisions of Chapter 64 and Chapter 610 of the Revised Statutes of Missouri.

Section 4 Contents of Application

.1 An application for a change to the Future Land Use Map and/or Growth Tier Mapshall describe the boundaries of the proposed change by quarter-quarter sections,existing roads, railroad line, or waterway and shall be in a form approved by thePlanning and Zoning Administrator.

.2 The applications shall be accompanied by a filing fee in the amount established bythe County Commission and a list of the names and last known addresses of theowners of all property within the area of the proposed change or within 1,000 feetof any tract in the area of the proposed change.

.3 The applicant shall attach to the application such information as the applicantbelieves demonstrates that the revision is consistent with the text of theComprehensive Plan and satisfies the provisions of Section 7 of this Article.

Section 5 Decision on Changes

.1 Upon completion of the public hearing, the Planning and Zoning Commissionshall consider whether to recommend changes to the Comprehensive Plan to theCounty Commission.

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.2 If the change is upon request of an applicant, a decision shall be made within 75days of the public hearing. If no decision is made within 75 days, the applicationshall be forwarded to the County Commission without recommendation and shallbe deemed to have been approved by the Planning and Zoning Commission forthe purposes of state law.

.3 The Planning and Zoning Commission may choose to reject an applicationwithout forwarding it to the County Commission. Such rejection shall constitute afinal decision on an application.

.4 If the Planning and Zoning Commission favorably recommends a change or theapplication is forwarded without recommendation, the Zoning Administrator shallforward the decision and the records of the Planning and Zoning Commission tothe County Clerk for placement on the agenda of the County Commission. Afterthe conduct of its own hearing on the application, the County Commission shallthen decide to accept or reject the proposed change.

.5 If an application is rejected by either the Planning and Zoning Commission or theCounty Commission, no further application may be made for property covered bythat application for one year after the rejection of the application.

Section 6 Joint Application for Amendments to Comprehensive Plan and ZoningDistrict -- Upon submission of a Joint Application for an Amendment to the Future Land UseMap and/or Growth Tier Maps of the Comprehensive Plan and to the Zoning District Map ofthese regulations, the hearing on all Applications shall be held at the same time. However adecision on the Application for Amendment to the Zoning District Map shall not precede theapproval of an Amendment to the Comprehensive Plan.

Section 7 Criteria for Amendment to Comprehensive Plan -- In consideringamendments to the Comprehensive Plan, the Planning and Zoning Commission and the CountyCommission shall consider whether the information presented indicates either a clear error in theoriginal Comprehensive Plan or a substantial change in circumstance subsequent to the adoptionof the Comprehensive Plan warranting a change.

.1 Amendments to Text–The Planning and Zoning Commission and CountyCommission shall periodically update the “statistical” and “historical” portions of the Comprehensive Plan to reflect trends, conditions, and projections. ThePlanning and Zoning Commission and County Commission shall make changesto:

a. Policies only upon a determination that such changes are necessary tobetter achieve the Objectives and Goals of the Comprehensive Plan.

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b. Objectives only upon a determination that such changes will result in abetter mechanism for determining progress toward the achieving of Goals.

c. Goals only upon a determination that the Goal is not achievable or that theGoal no longer adequately reflects the public interest and desires ofLafayette County.

.2 Amendments to Growth Tiers Map and Future Land Use Map–Thefollowing criteria shall be considered when reviewing a Comprehensive Plan Mapamendment application:

a. Original Errors–Whether there was an error in the originalComprehensive Plan adoption in that the County failed to take intoaccount then-existing facts, projections, or trends that were reasonablyforeseeable to exist in the future;

b. Subsequent Events–Whether events subsequent to the ComprehensivePlan adoption have invalided the County’s original premises and findings made upon plan adoption;

c. Premises and Findings–Whether any or all of the County’s original premises and findings regarding Comprehensive Plan adoption weremistaken; and

d. Change in Character–Whether events subsequent to the ComprehensivePlan adoption have changed the character and/or condition of the area soas to make the proposed change to the treatment of the area consistent withthe goals, objectives, and policies of the Comprehensive Plan and thecharacter of the area.

ARTICLE IV -- ZONING DISTRICTS & MAPS

Section 1 Zoning District Maps -- All land in unincorporated areas of Lafayette Countyshall be placed into a zoning district by the Planning and Zoning Commission, subject to theapproval of the County Commission. Boundaries of the districts are hereby established on themaps attached hereto, which maps are hereby designated as the “Zoning District Maps” and said maps and all references and information shown thereon are hereby made as much a part of thisOrdinance as if the same were set forth in full therein. It shall be the duty of the Administrator tokeep on file in the Planning and Zoning Office, the County Commission, and the Office of theCounty Clerk, an authentic copy of said maps and all changes, amendments or addition thereto.

.1 When definite distances in feet are not shown on these maps, the districtboundaries are intended to be along existing right-of-way center lines, section

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lines, aliquot lines, platted lot lines, property lines or other identifiable physicalfeatures.

.2 When roads on the ground differ from roads on the maps, the district boundariesshall be interpreted to conform to the intent of the zoning maps.

.3 When a road is vacated, district boundaries shall be interpreted to conform to thenew lot lines.

.4 Should any territory be de-annexed from an incorporated community or otherwisebecome subject to this ordinance, it shall be assigned to a zoning district ordistricts by the Planning and Zoning Commission. Until formal action is taken,such territory shall be treated as if in Zoning District A.

.5 The Zoning Districts shall be as follows:District A -- Agricultural DistrictDistrict RA -- Residential AgricultureDistrict RE -- Rural EstatesDistrict R -- Single-Family Dwelling DistrictDistrict R-1 -- Single-Family Dwelling DistrictDistrict R-2 -- Two-Family Dwelling DistrictDistrict R-3 -- Multiple-Family Dwelling DistrictDistrict B-0 -- Office & Service Business DistrictDistrict B-1 -- Local Business DistrictDistrict B-2 -- General Business DistrictDistrict M-1 -- Light Industrial DistrictDistrict M-2 -- Heavy Industrial District

In addition to the above categories, some land within a given district may lie within anarea designated as a flood plain or flood plain overlay district.

Section 2 General Zoning District Map Revision (Township)

.1 At the discretion of the Chair, the Planning and Zoning Commission may conducta hearing in any township for the purpose of considering general revisions to thezoning maps for that township.

.2 After the initial public hearing, if the Planning and Zoning Commission wishes tochange the zoning of any particular lot or lots, a second hearing shall be held forall of said particular lots.

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.3 In conducting rezonings pursuant to this section, the Planning and ZoningCommission shall limit itself to amendments necessary to bring the zoning mapinto conformity with the actual use of the property.

.4 Notice of the second hearing, at the very least, shall comply with the requirementsof Chapter 64 and Chapter 610 of the Revised Statutes of Missouri, andSubsection 3 of Section 3 of this Article.

.5 In considering these changes, the Planning and Zoning Commission shall use thecriteria set forth in this Article.

Section 3 Parcel Specific Zoning District Map RevisionIn addition to the general review of an entire township, the Planning and Zoning Commissionmay consider changes to one or more parcels of land upon application by an interested party orupon its own motion.

.1 Pre-application meeting

a. A party with a legitimate interest in a property desiring to seek anamendment to the zoning map shall arrange a meeting with the ZoningAdministrator to discuss the requirements for applying for an amendmentto the Zoning Map.

b. At such meeting, the Zoning Administrator shall inform the prospectiveapplicant of the potential zoning districts permitted under theComprehensive Plan and shall review the requirements for applications toamend the Zoning Map and related requirements for development plansand plats.

c. The Zoning Administrator shall also discuss the uses permitted in theproposed zoning districts and the requirements of the zoning district withregards to lot size, lot coverage, setback, and other area dimensions.

d. The Zoning Administrator shall provide the applicant with blank copies ofthe Land Evaluation and Site Assessment forms for the amendment to theZoning Map and the Concept Plan.

e. If applicable, the Zoning Administrator shall discuss the procedures foramendments to the Comprehensive Plan and the criteria for the same.

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.2 Contents of Application

a. No sooner than 7 working days after the pre-application meeting, the partymay file an application for an amendment to the Zoning Map.

b. Such application shall not be deemed to be filed until the application iscomplete. Such application shall not be deemed to be complete until thedate that all requirements of this subsection are met and the application:

i. is completed and filed the application form established by theZoning Administrator;

ii. includes payment the filing fee in the amount established by theCounty Commission;

iii. is accompanied by a complete Preliminary Concept Plan for thedevelopment;

iv. includes a list of all owners of record by name and last knownaddress of property located within 1,000 feet of the boundary of thetract or tracts covered by the application; and

v. includes an application for a Plan Amendment if the proposedzoning is not consistent with the Growth Tier Map or the FutureLand Use Map of the Comprehensive Plan.

.3 Public Notice and Hearing -- No action shall be taken before a hearing has beenconducted by the Planning and Zoning Commission for which sufficient noticehas been given by Planning and Zoning Commission. At the very least, suchnotice shall comply with the provisions of Chapter 64 and Chapter 610 of theRevised Statutes of Missouri. Furthermore, such notice shall be mailed to the lastknown address of all owners of property located within 1,000 feet of the boundaryof any tract or tracts covered by the proposed change.

.4 Sign announcing pending change

a. Upon receipt of an application, the Planning and Zoning Administratorshall provide one or more signs to the applicant to be placed upon the tractor tracts for which rezoning is being considered. Such signs shall, at aminimum, state that an application for rezoning has been filed and thatfurther information may be obtained from the Planning and ZoningAdministrator.

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b. The sign shall be installed by the applicant in a location adjacent to andclearly visible from a public street at least fifteen days prior to the date ofthe hearing before the planning and zoning commission and shall remainin place until the application has been finally resolved.

c. The sign shall be the property of the Lafayette County Planning andZoning Office and shall be returned to the Planning and Zoning Officeafter the application has been finally resolved.

d. The placement of such sign is for the convenience and information of thepublic and the absence, through no fault of the applicant, of such signduring part of the specified period of time shall in no way impair or nullifyproceedings on the action being considered.

.5 Resubmission of Application -- Following a final decision on the application, nofurther application regarding any property covered by the original application shallbe submitted within the six months following the decision.

Section 4 Petitions Opposing Application -- A person or persons opposed to a proposedrezoning under either Section 2 or Section 3 may file a formal petition opposing the proposedrezoning with the Planning and Zoning Administrator. Such a petition shall be deemed to be partof the record of the public hearing.

Section 5 Action on Zoning District Map Amendments

.1 Planning and Zoning Commission Action

a. After a hearing on an application pursuant to section 3 (or a secondhearing pursuant to section 2) of this article, the Planning and ZoningCommission may forward, to the County Commission, a proposedamendment to the zoning map with a recommendation for approval,approval subject to conditions, or denial.

b. Such recommendations shall also include a recommendation regarding thePreliminary Concept Plan, if applicable.

c. The Planning and Zoning Commission shall reject the application and notforward it to the County Commission if the Planning and ZoningCommission finds that the application is inconsistent with theComprehensive Plan.

d. A rejection by the Planning and Zoning Commission shall be deemed afinal decision on the application.

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e. Notice of any action by the Planning and Zoning Commission on anapplication shall be forwarded to the County Clerk who shall advise theCounty Commission of such action.

.2 County Commission Action

a. Upon receipt of a proposal for an amendment to the Zoning Map, theCounty Commission shall approve, approve with conditions, or deny theamendment as proposed by the Planning and Zoning Commission.

b. For all amendments proposed by an interested party under section 3 of thisArticle, no amendment shall be approved unless the County Commissionalso approves a Preliminary Concept Plan.

c. If the County Commission rejects the Preliminary Concept Plan, theproposed amendment shall be remanded back to the Planning and ZoningCommission for further proceedings under subsection 3 of this section.

.3 Rejection of Preliminary Concept Plan–If a Preliminary Concept Plan isrejected by the County Commission, the application for amendment to the ZoningMap shall be tabled for a period not to exceed 180 days to allow for thesubmission of an alternative Preliminary Concept Plan with the Planning andZoning Commission. If no alternative Preliminary Concept Plan is submittedwithin that time frame, the application for an amendment to the Zoning Map shallbe deemed denied.

.4 Development Required–

a. Approval of an amendment to the Zoning Map under section 3 of thisarticle is conditioned upon the timely submission and approval of a FinalPlat and/or a Site Plan as required by the appropriate provisions of theseRegulations.

b. Such Final Plats and/or Site Plans must be approved within twenty-fourmonths of the approval of the amendment to the Zoning Map or such othertime period established at the time of rezoning. However, for phaseddevelopments, only the first phase need be included in the first Final Plator Site Plan. Submission and approval of the first Final Plat or Site Plangoverning the first phase of development shall be deemed to comply withthis requirement.

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c. If no such Final Plat and/or Site Plan has been approved within that timeperiod, the Planning and Zoning Commission may schedule and hold ahearing regarding whether the property should be rezoned to ZoningDistrict A or its previous Zoning District. Failure to secure Final Platand/or Site Plan approval shall be deemed to be consent by the applicantfor the rezoning action.

d. In such a hearing, the presumption shall be that such rezoning isappropriate subject to the applicant showing good cause for the failure toproceed to the completion of a Final Plat or Site Final Development Plan.

Section 6 Factors Determining Appropriateness of Zoning District Map Amendments -- In establishing and revising the boundaries of zoning districts, the Planning and ZoningCommission and the County Commission shall consider what constitutes a “reasonable” use of the land subject to compliance with the goals, objectives, and policies of the ComprehensivePlan. No amendment shall be approved if the zoning is inconsistent with the ComprehensivePlan. In addition, the Planning and Zoning Commission and the County Commission shallconsider the following factors in determining the appropriateness of a Zoning District MapAmendment:

.1 the score of the property on the relevant LESA under Part V of this ordinance, ifapplicable;

.2 whether the existing zoning was in error at the time of adoption;

.3. whether there is a community need for and benefit from the proposed rezoning;

.4. whether the proposed change is consistent with the character of the area in whichthe proposed rezoning is located;

.5. whether the property is suitable for the development of the uses authorized underthe proposed zoning classification;

.6. whether the proposed change will be conducive to proper community planningand is a logical extension of an existing urban area or growth center; and

.7. whether there are, for the uses authorized under the proposed zoning, adequatepublic and community facilities serving the property, which may include, but arenot limited to, sanitary and storm sewers, water, electrical service, police and fireprotection, schools, parks and recreation facilities, roads, libraries, and solid wastecollection and disposal;

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.8 whether the authorized uses under the proposed rezoning will adversely affect thecapacity or safety of the street network in the vicinity of the property; and

.9 whether potential environmental impacts (e.g. excessive storm water runoff, waterpollution, air pollution, noise pollution, excessive lighting, or other environmentalharms) of authorized uses will be mitigated.

ARTICLE V -- BOARD OF ZONING ADJUSTMENT

Section 1 Lafayette County, having adopted planning and zoning, shall appoint a CountyBoard of Zoning Adjustment. The Board of Zoning Adjustment shall consist of five residents ofthe county, no more than two of whom shall be residents of incorporated areas of the county, andno more than one of whom may be a member of the County Planning and Zoning Commission.Members of this Board shall serve terms of four years and shall be appointed by the CountyCommission. Members shall be removable for cause by the County Commission upon writtencharges and after public hearings. Vacancies shall be filled by the County Commission for theunexpired term of any member whose term becomes vacant.

Section 2 Members of the Board of Zoning Adjustment shall serve without compensation,but may be reimbursed for expenses incurred for attendance at not more than four meetings peryear in an amount to be set by the County Commission. The Board of Zoning Adjustment shallelect its own chair and shall adopt rules of procedure consistent with this Ordinance and statelaws. The Chair, or acting Chair if the Chair is absent, may administer oaths and compel theattendance of witnesses. All meetings shall be open and minutes shall be kept of all proceedingsand actions. The minutes shall be filed in the office of Planning and Zoning and shall be a publicrecord. Appeals to the Board of Zoning Adjustment may be taken by any owner, tenant, orlessee, or by any public officer or agency aggrieved by the decision of the Planning and ZoningAdministrator in administering any county zoning ordinance. Such appeal shall be taken withinthree months of such a decision and in the manner provided by the rules of the Board of ZoningAdjustment. The appeal shall stay all proceedings or actions based on such a decision unless thePlanning and Zoning Administrator certifies to the Board that a stay would cause imminentdanger to life or property.

Section 3 Powers and Duties

.1 The Board of Zoning Adjustment shall hear and decide appeal where it is allegedthere is an error of law in any order, requirement, decision, or determination madeby an administrative official in the enforcement of county zoning regulations.

.2 The Board of Zoning Adjustment shall hear and decide all matters referred to it orwhich it is required to determine under the zoning regulations adopted by theCounty Commission.

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.3 Where, by reason of exceptional narrowness, shallowness, shape, or topography orother extraordinary situation or condition of a specific piece of property, the strictapplication of any zoning regulation would result in peculiar and exceptionaldifficulties to or exceptional and undue hardship upon the owner of property as anunreasonable deprivation of use, the Board of Zoning Adjustment shall authorize,upon an appeal relating to the property, a variance from the strict application ofthe zoning regulations so as to relieve the demonstrable difficulties or hardships,provided the relief can be granted without substantial detriment to the public goodand without substantially impairing the intent, purpose, and integrity of the zoneplan as embodied in the zoning regulations and maps.

.4 Any party seeking a variance shall file an application with the Planning andZoning Administrator. In addition to sufficient information to demonstrate that avariance is warranted, the application shall include the name and address of allowners of property located within 1,000 feet of the boundary of the property forwhich a variance is sought. No action shall be taken prior to a meeting of theBoard of Zoning Adjustment for which sufficient notice has been given by theBoard of Zoning Adjustment, which shall, at a minimum, comply with theprovisions of Chapter 64 and Chapter 610 of the Revised Statutes of Missouri.Furthermore, such notice shall be mailed to the last known address of all ownersof property located within 1,000 feet of the boundary of the property for which avariance is sought. Any person opposed to such a variance may file a formalpetition opposing the proposed record prior to the date set for consideration of thevariance by the Board of Zoning Adjustment. Such petition shall be part of therecord before the Board of Zoning Adjustment.

.5 Upon receipt of an application, the Planning and Zoning Administrator shallprovide one or more signs to the applicant to be placed upon the tract or tracts forwhich a variance or exception is being considered. Such sign shall, at aminimum, state that an application for variance has been filed and that furtherinformation may be obtained from the Planning and Zoning Administrator. Thesign shall be installed by the applicant in a location adjacent to and clearly visiblefrom a public street at least fifteen days prior to the date of the hearing before theBoard of Zoning Adjustment and shall remain in place until the application hasbeen finally resolved. The sign shall be the property of the Lafayette CountyPlanning and Zoning Office and shall be returned to the Planning and ZoningOffice after the application has been finally resolved. The placement of such signis for the convenience and information of the public and the absence, through nofault of the applicant, of such sign during part of the specified period of time shallin no way impair or nullify proceedings on the action being considered.

.6 In exercising its powers, the Board of Zoning adjustment may reverse, affirm, ormodify, in whole or in part, any decision from which an appeal is taken, and make

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any orders or decisions which ought to be made. To these ends, the Board shallhave all the powers of the officer from whom the appeal is taken.

Section 4 Any party with a legitimate interest in property or public official or agency jointlyor severally aggrieved by any decision of the Board of Zoning Adjustment or of the CountyCommission may present to the Circuit Court of Lafayette County a petition, duly verified,stating that the decision is illegal in whole or in part, specifying why the decision is illegal, andasking for relief from that decision. Upon presentation of the petition, the court shall issue awrit of certiorari directed to the Board of Zoning Adjustment or the County Commission for allrecords and data related to that decision. The Court may appoint a referee to take additionalevidence. The Court may reverse or affirm or modify the decision brought up for review. Afterentry of judgment by the Circuit Court, an appeal may be taken to the appellate courts in thesame manner provided for other circuit court judgments in civil case.

ARTICLE VI -- ADMINISTRATION, AND ENFORCEMENT

Section 1 The County Commission shall appoint a Planning and Zoning Administrator andsuch assistants as deemed necessary. The duties of the Planning and Zoning Administrator shallinclude:

.1 inspecting all property located within the unincorporated areas of the county todetermine whether they are in compliance with this ordinance, and relatedordinances;

.2 investigating all complaints regarding violations of this ordinance, and relatedordinances;

.3 issuing permits, to the extent authorized by this and other ordinances, to qualifiedapplicants;

.4 reviewing applications for zoning changes and subdivision plats and makingrecommendations thereon to the Planning and Zoning Commission;

.5 maintaining the records of the planning and zoning commission, including allzoning maps and documents related to the comprehensive plan; and

.6 determining -- for uses not expressly covered by Part IV of this Ordinance -- inwhich zones and under which conditions such uses shall be permitted based onsimilar uses.

Section 2 The County Commission shall establish a schedule of fees for all applicationspermitted and all permits required under this ordinance.

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Section 3 This ordinance shall apply only to property located within the unincorporatedareas of the County. If any land previously covered by this ordinance is annexed by a city, suchland shall become subject to the Zoning ordinance of said city.

Section 4 In the case of any structure erected in violation of this ordinance or any relatedordinance and/or in the case of any land use which is in violation of this ordinance or any relatedordinance, the County is authorized, in addition to any other remedy provided by law, to instituteappropriate legal action to prevent such illegal activity or to require the abatement or correctionof such violation. Furthermore, any individual who has been served with an order to remove orcease such a violation and who fails to comply with such an order shall be subject to a civilpenalty in the amount of two hundred dollars.

Section 5 The violation of any provision of Parts I, II, and IV of this ordinance shall be amisdemeanor. Any person who commits, takes part in, or assists in such a violation or whomaintains a building or premises where such violations exists shall be guilty of such amisdemeanor. Such violations shall be punishable by a fine of not less than ten dollars and notmore than one hundred dollars for each and every day that the violation continued. If thedefendant was given notice that he was in violation and the violation continued, such violationsshall be punishable by a fine of not less than one hundred dollars and not more than two hundredfifty dollars and/or by imprisonment for up to ten days for each day such violation continued afternotice was given. It shall be an “affirmative defense,” as that term is defined by Section 556.056 of the Revised Statute of Missouri, that:

.1 defendant was a tenant of the property in question and the violation occurred in anarea of the property that was uniquely controlled by the owner, or

.2 that defendant was the owner of the property (or an agent of the owner) and thatthe violation was committed by a tenant

Section 6 If, upon preliminary investigation, the Planning and Zoning Administrator hasreason to believe that a violation of Parts I, II, or IV of this Ordinance is occurring, theAdministrator shall proceed as follows:

.1 The Administrator shall notify the owner of the property and any tenant inpossession of the property of the potential violation. The notice shall specify theacts alleged to violate this Ordinance and the provisions of this Ordinanceviolated. The notice shall also inform these parties of their right to request theAdministrator to reconsider this preliminary determination, the time limits formaking such a request, and the procedures for such reconsideration.

.2 Any interested person shall have the right to request the Planning and ZoningAdministrator to reconsider the preliminary determination that the violation has

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occurred by submitting a request in writing for such reconsideration within thirty(30) days after notice was sent of the preliminary determination.

.3 If a timely request for reconsideration is made, the Planning and ZoningAdministrator shall establish a time frame for submission of additionalinformation and such meetings as may be necessary with the party seekingreconsideration.

.4 Upon conclusion of the process outlined in the previous subsection, the Planningand Zoning Administrator shall notify the owner of the property and any tenant inpossession of the property of the Administrator’s final decision on the matter, If no request for reconsideration was timely filed, the notice of the final decisionshall be sent sixty (60) days after the preliminary determination.

.5 If the final determination is that a violation has occurred, the notice shall specifythe acts alleged to violate this Ordinance, the provisions of this Ordinanceviolated, and a time table for eliminating the violation. The notice shall alsoinform the parties of their right to appeal to the Board of Zoning Adjustment andthe three month time limit for filing such an appeal.

.6 For the purposes of Section 4 and Section 5 of this Article, the violation will bedeemed to have commenced on the date that the notice of final determination wassent, unless a timely appeal is filed with the Board of Zoning Adjustment. If atimely appeal is filed, the violation will be deemed to have commenced on thedate that notice is sent of the determination of the Board of Zoning Adjustment.

.7 All notices required under this Section shall be sent by certified mail, returnreceipt requested, to the last known address of the owner of the property and anytenant in possession of the property. If the notice is not received by either theowner or any tenant, a second notice shall be sent by posting it on the door of aprincipal building located on the property or other prominent location on theproperty.

Section 7 In the case of any proposed or actual subdivision of land in violation of thisOrdinance, the County is authorized, in addition to any other remedy provided by law, to instituteappropriate legal action to prevent such subdivision of land or to invalidate such subdivision ofland. A prima facie case shall be made for the issuance of a temporary restraining order,preliminary injunction and/or permanent injunction upon a showing that the person or personssubject to such restraint has:

.1 filed a plat or survey for a subdivision, for which plat approval is required by PartIII of this Ordinance, which has not been approved pursuant to Part III of this

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Ordinance for land located in an unincorporated part of Lafayette County with theLafayette County Recorder of Deeds; or

.2 advertised for sale a portion of an existing lot, tract, or parcel of land in anunincorporated part of Lafayette County for which no plat or survey (or waiver ofplat) approved pursuant to Part III of this Ordinance has been filed with theLafayette County Recorder of Deeds, unless the subdivider of said property hasparticipated in a preapplication conference pursuant to Part III of this Ordinance.

Section 8 The subdivision of land in violation of this ordinance shall be a misdemeanor withno culpable mental state required. Any person who commits, takes part in, or assists in such aviolation shall be guilty of such a misdemeanor. It shall by prima facie evidence that land isbeing subdivided in violation of this ordinance if a person:

.1 files a plat or survey -- or aids another in filing such a plat or survey -- purportingto show a change in lot lines, for which plat approval is required by Part III of thisOrdinance, which has not been approved pursuant to Part III of this Ordinance forland located in an unincorporated part of Lafayette County with the LafayetteCounty Recorder of Deeds; or

.2 sells or aids another in selling a portion of an existing lot or parcel of land in anunincorporated part of Lafayette County, for which plat approval is required byPart III of this Ordinance, when such subdivision has not been approved pursuantto Part III of this Ordinance or the requirements of Part III of this Ordinance forsale of land in an approved subdivision have not been met.

Each separate portion of land sold in violation of Part III of this Ordinance and each plat orsurvey filed without approval pursuant to Part III of this Ordinance for which plat approval isrequired by Part III of this Ordinance shall constitute a separate violation of this Ordinance.Violation of this section shall be punishable by up to thirty (30) days in the County Jail and/or afine of up to one thousand dollars ($1,000). If any person is found guilty of a violation of thissection arising out of their involvement in such subdivision as a professional licensed by theState of Missouri, the Court shall forward a record of such finding to the appropriate disciplinaryauthority for such profession.

Section 9 Property owned by the County and used for public purposes are exempt from theprovision of this ordinance. However, all such property leased to private individuals or privatecorporations must comply with this ordinance.

Section 10 If any section, subsection, sentence, clause or phrase of this ordinance is held tobe invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

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ARTICLE VII–SITE PLANS

Section 1 Applicability and General Requirements

.1 A Site Plan shall be required for all proposed developments in districts B-0, B-1,B-2, M-1 and M-2 and for all developments involving multiple family-dwellingsor a conditional use in other zoning districts.

.2 No new buildings may be constructed in such districts nor may any conditionaluses be commenced on tracts for which there is not an approved Site Plan.

.3 Such application shall be on a form established by the Planning and ZoningAdministrator and, except as set forth in this Article, the application shall becompleted in full prior to action on the application.

.4 The application shall be accompanied by a filing fee in the amount established bythe County Commission.

.5 Except as set forth in this Article, an application is deemed to be filed on the datethat it is completed in full.

Section 2 Contents -- All applications shall be accompanied by the following documents:

.1 An drawing of the proposed development at a scale of one inch to 100 feetshowing:

a. a survey of property boundaries showing the locations of all surveymonuments and benchmarks, as well as bearings and distances along allproperty lines;

b. the locations of existing and proposed streets, alleys, parking lots anddriveways in or adjoining the property;

c. existing and proposed buildings, structures or areas designated forproposed uses including distances from lot lines and other buildings;

d. all easements and dedications;

e. the name and address of owner of the property and the surveyor;

f. the date of the survey, a north arrow, and all adjoining property lines andstreets with the names of the owner of said property or name of street; and

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g. all proposed improvements to the property including buffering, drainagelines and areas, sewage systems, etc.

.2 If any upgrades to existing infrastructure are proposed, the applicant shall providedocuments from the political subdivision or other entity with responsibility formaintaining the infrastructure showing approval of and ability to maintain theupgrade.

.3 By attached document, the plan shall show the proposed uses for the variousbuilding by general category or categories from the table of permitted uses (e.g.,retail—building materials, services—professional, manufacturing -- apparel).

.4 If the Site Plan includes any dedications of roadways or easements, the surveyshall be in a form which may be recorded by the Recorder of Deeds of LafayetteCounty, Missouri. Such survey shall include:

a. A signed and notarized acknowledgment of ownership by the owner(s) tothe effect that all previous taxes have been paid and that all highways,streets, alleys, and public grounds shown on the plan are dedicated topublic use;

b. A signed statement by a licensed land surveyor certifying that he/she hasaccurately surveyed such subdivision and the correct location of allmonuments shown, and that all lots, blocks, highways, streets, avenues,alleys, public ways and grounds, and other grounds are well and accuratelystaked off and marked;

c. A certificate to be witnessed by the Chair and Secretary of the Planningand Zoning Commission noting the Planning and Zoning Commission’s approval of the plan;

d. A certificate to be witnessed by the Presiding Commissioner and theCounty Clerk noting the County Commission’s approval of the plan;

e. A certificate to be witnessed by the Office of the Recorder of Deeds notingthe day, month, year, time, book, and page that the plan was recorded.

Section 3 Determination

.1 If a Site Plan includes no dedications or infrastructure improvements and proposesone building with floor space of no more than 20,000 square feet, the ZoningAdministrator shall determine whether to approve the Site Plan.

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.2 If a Site Plan includes no dedications or infrastructure improvements and morethan one building or a building with floor space of more than 20,000 square feet,the Planning and Zoning Commission shall determine whether to approve the SitePlan.

.3 If a Site Plan includes dedications or infrastructure improvements, the Planningand Zoning Commission shall initially determine whether to approve the SitePlan. If the Planning and Zoning Commission approves the Site Plan, the CountyCommission shall make a final determination of whether to approve the Site Plan.

.4 If approval by the Planning and Zoning Commission is required, the ZoningAdministrator shall schedule the matter for the next available meeting of thePlanning and Zoning meeting more than 10 days after it is filed.

.5 The Site Plan shall be approved if:

a. The Site Plan complies with all requirements, including but not limited toyard size, building space, and lot coverage, for the applicable zoningdistrict under Part II of these Regulations.

b. The Site Plan shows sufficient parking space for the proposed use andprovides for adequate ingress and egress as approved by the MissouriDepartment of Transportation for State Roads and the appropriate RoadDistrict for County Roads;

c. The Site Plan makes adequate provision for retention and drainage ofwater;

d. The Site Plan makes adequate provision for sewers and utility service;

e. All new infrastructure proposed in the Site Plan complies with therequirements of these Regulations including but not limited to therequirements contained Title II of Part III.

f. For conditional uses or Site Plans submitted within the first 36 monthsafter rezoning, the Site Plan is consistent with the Preliminary ConceptPlan approved for the conditional use or rezoning.

.6 If the applicant proposes any infrastructure improvements in the Site Plan, theapplicant shall complete and enter into a development agreement with the Countyestablishing a time table for the completion of the improvements. As part of anysuch development agreement, the applicant shall post a bond sufficient to cover110% of estimated construction costs of the proposed improvement and authorize

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the County to construct the improvements if they are not completed by the date setforth in the application. Such agreement and the bond shall be filed with theCounty Commission prior to review of the Site Plan by the County Commission.

Section 4 Effect of Approval -- A Site Plan shall become effective on the date that it isapproved by the County Commission. No permit may be issued for any proposed building normay any new use proposed by the Site Plan be commenced until the Site Plan is approved.

Section 5 Amendment -- After approval of the Site Plan, any changes to the Site Plan shallbe treated as if a new Site Plan. However, in reviewing any such applications, only the changesproposed shall be considered.

TITLE II -- PROVISIONS GOVERNING ALL DISTRICTS

ARTICLE I -- CONDITIONAL USES

Section 1 General -- Conditional uses are those types of uses which, due to their nature aredissimilar to the normal uses permitted by right within a given zoning district or where product,process, mode of operation, or nature of business may prove detrimental to the health, safety,welfare, or property values of the immediate neighborhood and its environs unless specificcontrols or limitations are invoked. Within the various zoning districts, specific uses may bepermitted only after additional requirements are complied with as established within this Article.

Section 2 Filing for Conditional Use Permit -- An Application for a conditional use permitshall be filed with the Administrator. Any party with a legitimate interest in a property may filesuch an application. The application shall include the following:

.1 Plan of lots or tracts showing existing and proposed building locations, parkingareas, location and type of outdoor lighting, interior drives, and landscaped bufferstrips;

.2 Topography, existing utilities, abutting streets and alleys, easements, and thesquare footage of land within the lots or tracts;

.3 Name and address of the owner of land subject to the application;

.4 Description of architecture and exterior materials to be utilized.

.5 A list of all the names and addresses of all owners of property located within1,000 feet of the boundary of the tract or tracts on which the conditional use willbe located.

.6 An application for approval of Preliminary Concept Plan if applicable.

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Section 3 Petitions -- A person or persons opposed to a proposed conditional use permitmay file a formal petition opposing the proposed conditional use permit with the Planning andZoning Administrator. Such a petition shall be deemed to be part of the record of the publichearing.

Section 4 Additional Conditions -- The Planning and Zoning Commission shall approve ordisapprove a conditional use in accordance with the requirements established in this Article, butmay impose additional requirements deemed reasonable and necessary.

Section 5 Process of Applications

.1 On receipt of an application for a conditional use, the Administrator shall forwardcopies of the application and accompanying information to affected public orgovernmental agencies and the Planning & Zoning Commission. The Planning &Zoning Commission shall request and consider reports from such public orgovernmental agencies before determination.

.2 Notice shall be given by certified mail to the last known address of all owners ofproperty located within 1,000 feet of the boundary of the tract or tracts on whichthe conditional use will be located.

.3 The application shall be deemed received when presented at a public hearingbefore the Planning & Zoning Commission.

.4 Action on Application

a. Within seventy-five (75) days after the hearing on an application forGroup I or Group II uses, the Planning & Zoning Commission shall submita report and determination to the Administrator;

b. Within seventy-five (75) days after the hearing on an application forGroup III and Group IV conditional uses, the Planning & ZoningCommission shall submit a report and determination to the CountyCommission.

c. If no determination is made within the seventy-five (75) day period, theapplication shall be deemed approved by the Planning & ZoningCommission.

d. If the last meeting prior to the expiration of the seventy-five (75) dayperiod is canceled or postponed, the seventy-five (75) day period shall beextended to the next business meeting.

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.5 Report and Determination–The report and determination of the Planning &Zoning Commission shall include findings regarding whether or not:

a. the use will comply with the requirements established for that conditionaluse; and

b. the benefits of allowing the use outweigh the harms based on the degree towhich:

i. the use serves the convenience and general welfare of the public;

ii. the use serves its immediate neighbors;

iii. the conditions imposed on the use are adequate to protect theinterests of the immediate neighbors from the potential harmsassociated with the use;

iv. the use will alter the character or nature of development in that partof the County; and

v. the use will be in basic harmony with the various elements andobjectives of the Comprehensive Plan.

Section 6 Sign announcing pending change -- Upon receipt of an application, the Planningand Zoning Administrator shall provide one or more signs to the applicant to be placed upon thetract or tracts for which a conditional use permit is being considered. Such sign shall, at aminimum, state that an application for a conditional use permit has been filed and that furtherinformation may be obtained from the Planning and Zoning Administrator. The sign shall beinstalled by the applicant in a location adjacent to and clearly visible from a public street at leastfifteen days prior to the date of the hearing before the planning and zoning commission and shallremain in place until the application has been finally resolved. The sign shall be the property ofthe Lafayette County Planning and Zoning Office and shall be returned to the Planning andZoning Office after the application has been finally resolved. The placement of such sign is forthe convenience and information of the public and the absence, through no fault of the applicant,of such sign during part of the specified period of time shall in no way impair or nullifyproceedings on the action being considered.

Section 7 Determination -- The Planning and Zoning Commission shall establish a timelimitation on conditional uses, unless expressly deemed detrimental to the community interest todo so. The conditional use permit shall be renewable at the discretion of the Planning andZoning Commission.

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Group I and Group II Conditional Uses shall be approved or disapproved by the Planningand Zoning Commission. Group III and Group IV Conditional Uses shall be initially approvedor disapproved by the Planning and Zoning Commission. If initially approved by the Planningand Zoning Commission, Group III and Group IV Conditional Uses shall be submitted to theCounty Commission for approval or disapproval. If a Group III or Group IV Conditional Use isdisapproved by the Planning and Zoning Commission, it shall be deemed denied and shall not besubmitted to the County Commission. Such a denial is a “final decision” for the purpose of judicial review or appeal.

Section 8 Requirements for Group I Conditional Uses

.1 Purpose -- Group I Uses are, in general, those requiring or utilizing large tracts ofopen land. These uses tend to be recreational or of a quasi-public service nature,but on occasion having accessory uses or limited characteristics than can bedetrimental to adjoining property if not controlled or constrained. In general,these uses are positive community assets.

.2 Yard -- No building or use of land shall be permitted within one hundred (100)feet of a lot line unless the district requirements establish a higher minimum yardsize, in which case the district requirements shall be the minimum. In either case,the Planning and Zoning Commission shall have the authority to impose a higherminimum yard size as an additional condition.

.3 Lot coverage, incurred by improvements that are structural in nature includingbuildings, towers, light poles, parking lights, etc. shall not exceed five (5) percentof the gross plot or tract area.

.4 There shall be no more than two non-animated accessory signs of not more thanten (10) square feet each.

.5 All structures shall comply with district requirements.

.6 Off-street parking and off-street loading shall be in accordance with therequirements of this ordinance.

Section 9 Requirements for Group II Conditional Uses

.1 Purposes -- Group II Uses are, in general, uses or functions relating tocommunications or utilities which by their nature require a site or location thatmeets technical or geophysical limitations in order to serve the community in anefficient manner and, therefore, tend frequently to be out of character to the landuses in the immediate vicinity or neighborhood.

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.2 Yard -- No building or use of land shall be within twenty-five feet of a lot lineunless the district requirements establish a higher minimum yard size, in whichcase the district requirements shall be the minimum. In either case, the Planningand Zoning Commission shall have the authority to impose a higher minimumyard size as an additional condition.

.3 Height -- Shall be in accordance with district requirements, except for telephonerelay towers, transmitting stations and towers, and similar communication tower,which shall be required to comply with FAA and FCC height requirements.However, in no case shall any building exceed a height equal to the dimension ofits least yard dimension.

.4 Lot coverage shall never exceed twenty-five (25) percent.

.5 Fence or Screen -- When in or abutting a residential district, all buildings orstructures non-residential in use or nature shall be screened with a screen or fencewith a density of not less than eighty (80) percent and at least five (5) feet inheight.

.6 Signs -- There shall be no more than one (1) illuminated, non-animated, accessorysign of not more than ten (10) square feet.

.7 Off-street parking and loading shall be in accordance with the requirements of thisordinance.

.8 Ingress and Egress -- Shall be approved by the Planning & Zoning Commissionbased on a report from the Administrator.

Section 10 Requirements for Group III Uses

.1 Purpose -- Group III Uses tend to have a unique characteristic and the potential toproduce nuisance impacts such as light glare, noise, litter, traffic, etc., on sites thatare sometimes used quite intensively. It is intended that careful consideration begiven to potential off-site impacts and steps be taken to minimize any potentialdegradation of the neighborhood character and environment.

.2 No building or use of land shall be permitted within two hundred (200) feet of alot line, unless the district requirements establish a higher minimum yard size, inwhich case the district requirements shall be the minimum. Notwithstanding thepreceding sentence, automobile parking areas may be permitted up to ten (10) feetfrom the lot line unless the district requirements establish a higher minimum yardsize, in which case the district requirements shall be the minimum. In any of thesecases, the Planning and Zoning Commission and the County Commission shall

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have the authority to impose a higher minimum yard size as an additionalcondition.

.3 Height -- Shall be in accordance with district requirements; however, in no caseshall any building exceed a height equal to the dimension of its least yarddimension.

.4 Lot coverage shall never exceed thirty (30) percent.

.5 Fence or Screen -- When in or abutting a residential district, all buildings orstructures non-residential in use or nature shall be screened with a screen or fencewith a density of not less than eighty (80) percent and at least five (5) feet inheight.

.6 Signs -- There shall be no more than one (1) illuminated, non-animated, accessorysign of not more than twelve (12) square feet.

.7 Off-street parking and loading shall be in accordance with the requirements of thisordinance.

.8 Ingress and Egress -- Shall be approved by the Planning & Zoning Commissionbased on a report from the Administrator but shall not be located on a localresidential street.

Section 11 Requirements for Group IV Conditional Uses

.1 Purpose -- Group IV Uses are basically industrial operations which frequentlygenerate hazardous or intense nuisance factors. The Planning & ZoningCommission shall have the responsibility to provide for such uses where feasible,but also to control, mitigate, or eliminate those attributes of such uses as aredeemed hazardous or detrimental to the community’s health, safety and general welfare through site location, environmental buffering, technological reduction orelimination of hazardous emissions or other detrimental attributes, andappropriate monitoring of potential nuisance factors.

.2 Yard -- No building or use of land shall be permitted within two hundred (200)feet of a lot line, unless the district requirements establish a higher minimum yardsize, in which case the district requirements shall be the minimum. In either case,the Planning and Zoning Commission and the County Commission shall have theauthority to impose a higher minimum yard size as an additional condition.

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.3 Height -- Shall be in accordance with district requirements; however, in no caseshall any building exceed a height equal to the dimension of its least yarddimension.

.4 Lot coverage shall never exceed seventy-five (75) percent.

.5 Fence or Screen -- Any storage or accumulation of waste, scrap, junk, trash orsimilar materials shall not be permitted on open ground unless in an area enclosedby a fence or screen of one hundred (100) percent density and at least six (6) feetin height.

.6 Signs and off-street parking and loading shall be in accordance with therequirements of this ordinance.

.7 Ingress and Egress -- Shall be approved by the Planning & Zoning Commissionbased on a report from the Administrator but shall not be located on a localresidential street.

.8 Explosives -- If explosives are used, the production or storage -- other than thetransshipment of explosives or use of explosives for study and research purposes -- shall not be permitted within one thousand five hundred (1,500) feet of adjoiningproperty or within two thousand six hundred forty (2,640) feet of a residentialdistrict. As used in this subsection, explosives includes Class A explosives, thosematerials which possess detonating or other maximum hazard, such as dynamite,desensitized nitroglycerin, lead azide, mercury fulminate, black powder, blastingcaps, and detonating primers; Class B explosives, those materials possessingflammability hazards such as propellants, including smokeless propellants andphotographic flash powders; and Class C explosives which contain limitedamounts of Class A or B explosives. Explosives does not include what arecommonly called fireworks. Explosives does not include amounts of thirty (30)pounds or less of black powder, primers, and smokeless propellants which arekept for personal use.

.9 Flammable Liquids -- All production, handling, or storage in bulk shall be incompliance with all appropriate federal, state, and county laws, ordinances, andregulations, and, in addition, shall never be located with one thousand (1,000) feetof any residential district.

.10 Toxic Gases -- Toxic gases shall be located based on their weights relative to thenormal atmosphere in the immediate vicinity. Gases lighter than air shall belocated in an area with a greater elevation than the surrounding area. However, inno case shall toxic gasses be produced, handled, or stored within two thousand sixhundred forty (2,640) feet of a residential district. Furthermore, such uses shall be

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located so that the prevailing winds would carry such gases away from the areaswith the greatest concentration of people.

Section 12 Mobile Home Parks

.1 Mobile home parks, where permitted, are permitted solely as a Group IIIConditional Use. In addition to the other requirements for Group III ConditionalUses, mobile home parks shall comply with the requirements of this section.

.2 Minimum tract area for a mobile home park shall be five (5) acres.

.3 Minimum frontage shall be one hundred (100) feet on at least a secondary orprimary arterial. Ingress and egress shall be from said frontage.

.4 Minimum land area devoted to individual mobile home sites shall be 3,000 squarefeet.

.5 Screening or Buffering -- When abutting any agricultural or residential district orany residential use other than mobile homes, there shall be a buffer strip of notless than thirty feet in width. Such buffer strip shall be landscaped with fencingand live plant material so designed to provide an attractive visual barrier betweensuch adjacent use and the mobile home park. The design of such landscaping andvisual barrier must be approved by the Planning & Zoning Commission.Maintenance of such buffer strip shall be by the owner of the mobile home park.Where such maintenance is deemed not satisfactory, the County may carry outsuch maintenance and assess the mobile home park owner for all costs incurredand, in addition, attach a reasonable penalty.

.6 Setbacks -- District setback requirements shall be maintained at all times on allpublic street frontages for mobile homes as well as buildings.

.7 Classifications -- The Planning & Zoning Commission shall limit such mobilehome park to one of the following classifications:

Type A -- Independent Mobile Homes OnlyType B -- Dependent Mobile Homes OnlyType C -- Dependent Mobile Homes and Campers OnlyType D -- Campers OnlyType E -- Independent and Dependent Mobile Homes OnlyType F -- Campers and Independent and Dependent Mobile Homes

.8 Wastewater Disposal -- Sanitary sewer treatment and disposal must meet allrequirements of the State Health Department, the Department of NaturalResources, and Lafayette County ordinances.

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.9 A letter certifying access to a public or approved water supply must be on filewith the Administrator.

.10 Storm Drainage -- There must be a plan for minimizing potential on-site and off-site damage which has been approved by the Planning & Zoning Commission.

Section 13 Mobile Homes

.1 Outside of mobile home parks, mobile homes are permissible only as an accessoryGroup III conditional use, except in the agricultural and residential agriculturedistricts. In addition to the other requirements for Group III conditional uses,mobile homes must comply with the conditions of this section.

.2 The plot, lot, or tract on which the mobile home is located must be at least one-half acre in size.

.3 The frontage must be a minimum of one hundred (100) feet.

.4 The mobile home must have the same setback as the principal dwelling.

Section 14 Resource Extraction

.1 Except as provided in this Section, uses classified in Part IV, Title II of thisOrdinance or by the Planning and Zoning Administrator, as Resource Extraction,shall comply with the requirements for Group IV Conditional Uses.

.2 Yard -- No building or use of land shall be permitted within fifty (50) feet of a lotline, unless the district requirements establish a higher minimum yard size inwhich case the district requirement shall be the minimum. However, for lot linesadjoining, abutting, or fronting districts RE, R, R-1, R-2, and R-3, no building oruse of land shall be permitted within two hundred (200) feet of such a lot line.The Planning and Zoning Commission and the County Commission shall have theauthority to impose a higher minimum yard size than that required by thissubsection as an additional condition.

Section 15 Signs

.1 Except as provided in this Section, all signs for which conditional use permits arerequired pursuant to Part IV, Titles II and III shall comply with all therequirements imposed on other conditional uses assigned by Part IV to the sameconditional use group.

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.2 Yard size -- The minimum yard size for any sign shall be ten (10) feet more thanthe height of the sign measured along the ground from that portion of the signclosest to the lot line.

ARTICLE II -- ACCESSORY USES

Section 1 Except where expressly permitted in a particular district, accessory uses arepermitted in any district only if they comply with this Article. Even if expressly permitted in aparticular district, accessory uses are permitted only when accessory to a principal use to whichthey are customarily related, in compliance with the regulations for that district, and incompliance with Section 2 of this Article. For those uses which are permitted in any district bythe other sections of this Article, the accessory use must comply with Section 2 of this Article

Section 2 General Limits upon Accessory Uses

.1 An accessory use shall be located upon the same lot or tract with a principal use,unless otherwise provided in this Article.

.2 An accessory use shall be subordinate to the principal use and shall be a use oractivity which is customarily incidental to the principal use.

.3 An accessory use shall not materially or substantially change or alter the characterof activity of the principal use that it serves.

Section 3 Accessory Storage for Manufacturing or Wholesale Use -- Any manufacturingor wholesale use may also include storage. However, open storage yards or sales lots are notpermissible unless the regulations for a district expressly permit such uses.

Section 4 Any wholesale use may include retail use as a minor accessory service which isalready incidental to the principal wholesale activity.

Section 5 Any wholesale or retail sale activity may also include accessory service activityfor goods sold on the premises unless the regulations for a particular district limit the wholesaleor retail sale activity to sales only.

Section 6 Any service activity may include retail sale of goods related to the serviceperformed or the items serviced in that service activity.

Section 7 Any industrial, commercial, business, or public use may also include offices as anaccessory use.

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ARTICLE III -- NON-CONFORMING USE

Section 1 A non-conforming use is a building, structure, or use of land which is notpermissible within the zoning district in which such land, building, or use is located. A non-conforming conditional use is a conditional use which is not permissible within the zoningdistrict in which such use is located.

Section 2 A non-conforming use of land, building or structure existing lawfully at the timeof the passage of this Ordinance or at the time of a zoning change which makes such use non-conforming may be continued, but such non-conforming use, building, or structure shall notthereafter:

.1 Be changed to a less conforming use;

.2 Be reestablished if discontinued for more than six (6) months except seasonal use;

.3 Be enlarged; or

.4. Be continued if the structure or building is damaged to the extent of seventy-five(75) percent or more of its value. However, in the Agricultural and Rural Estate(RE) zoning districts, a single family dwelling unit may be replaced at the same orgreater square footage as existed prior to the damage if approval is given inwriting on forms provided by the Administrator by a majority of all propertyowners within one thousand (1,000) feet of the property.

Section 3 Non-Conforming Conditional Uses

.1 If a conditional use becomes non-conforming by virtue of a change in the zoningof a property after the granting of a permit, the life of that permit will not beeffected by such a zoning change.

.2 Non-conforming conditional uses must comply with Section 2 of this Article. If anon-conforming conditional use complies with Section 2 of this Article and theappropriate sections of Article One of this Title, it shall not be a ground fordenying a new conditional use permit that the use is a non-conforming conditionaluse.

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ARTICLE IV -- OFF-STREET PARKING AND LOADING

Section 1 General

.1 No building or structure shall be erected, converted, or structurally altered, norshall any building, structure, or land be used for any purpose without complyingwith this Article

.2 To the extent required by this Article, off-street parking and loading shall beprovided at the time of the erection, conversion, or structural alteration of anybuilding or structure or the establishment, conversion, or extension of any use ofland.

.3 The provision of required off-street parking and loading space shall be acontinuing obligation of the owner of the real estate on which any use is located.It shall be unlawful for an owner of any building or land use affected by therequirements of this Article to discontinue, reduce, or dispense with the requiredoff-street parking or loading space.

Section 2 Off-Street Parking Requirements

.1 Required off-street parking space cannot be used for storage of any type and,during business hours, shall be open to its intended function at all time.

.2 If required off-street parking cannot be provided on the same lot as the principalbuilding, the Owner of the principal building must provide off-street parking on alot owned by said Owner or on a lot restricted to off-street parking for theprincipal building by a recorded agreement.

.3 Off-street parking shall be provided for such use enumerated and in the amountspecified in Section 3 of this Article. Surfacing of such parking area and of theingress and egress to such parking area shall be a minimum of crushed stone. Ifoff-street parking is provided for 3 or more vehicles, the parking must be sosituated as to prevent backing into public streets.

4. If off-street parking requirements for a particular use is not specifically mentionedin Section 3 of this Article, the Administrator shall determine the off-streetparking requirement using the current edition of , which is incorporated byreference.

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Section 3 Table of Off-Street Parking Requirements

USE PARKING SPACES REQUIRED

Apartment / Hotel One for each guest room or residence unit

Assembly Halls / Auditorium One for each 3 seats of maximum seatingcapacity of main assembly room

Assembly Halls / Exhibition Halls withoutfixed seats

One for each 100 square feet of usable area

Automobile Service Station One for each service bay and One for each 2gasoline pumps

Auto wash (assembly line service) Twenty spaces for customers awaiting service

Auto wash (self-service) Two for each stall

Auto Repair Garage One for each 500 square feet of floor area–minimum five spaces

Bank, S & L, or Credit Union Office One for each 200 square feet of gross floorarea

Barber and Beauty Shop Two for each barber/beautician

Boarding house One for each boarder

Bowling Alley Five for each alley plus required space for anybar, restaurant, assembly space located withinthe establishment

Children’s Homes One for each 6 beds

Church, Synagogue, Mosque, or Temple One for each 4 seats in sanctuary/auditorium

Clubs–Night One for each 100 square feet of floor area

Clubs -- Country, Golf, or Private One for every two members

College or Other Post Secondary Schools One for every 4 students, If dormitories arenot available, one for every 2 students

Community Center One for each 200 square feet of gross floorarea

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USE PARKING SPACES REQUIREDDance Halls or Ballrooms One for each 100 square feet of floor area

used for dancing

Dance or Music Studios One for each 200 square feet of floor area

Day Camp One for each 10 persons

Dormitories One for each 2 beds plus 1 for each 100square feet of usable floor area

Drive-in eating establishments with service tocar

Twelve minimum plus 1 for each 50 squarefeet of building floor area

Drive-in eating establishments withoutservice to car

One for each 100 square feet of floor area

Drive-in establishments generally One for each 50 square feet of floor area

Dry Cleaning (automatic services) One for each 2 dry cleaning machines

Dwellings, 1 and 2 family Two for each dwelling unit

Dwellings, Multi-family Two and one-half for each dwelling unit

Fraternity and Sorority Houses One for each two members or residents

Fraternal Organizations One for each 200 square feet of gross floorarea with minimum of 10 spaces

Funeral Homes Five for each room used as a slumber room orparlor or 1 for each 75 square feet of floorarea of assembly rooms used for services,whichever is greater

Furniture and appliance stores One for each 800 square feet of usable floorarea

Health Center One for each 200 square feet of gross floorarea

Homes for the aged One for each 4 beds, plus 1 space for eachfull-time staff member and attendingphysician

Hospital One for each bed

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USE PARKING SPACES REQUIREDHotel One for each guest unit plus one space for ten

guest units, plus required parking for anyrestaurant and/or assembly space in hotel

Industrial establishment One for each 2 employees, based on estimatedmaximum daily or maximum 8-hour shiftrequirements in a 24-hour period

Institution of a charitable nature One for each 2 employees, plus one for each10 residents

Laundromats One for each 2 washing machines

Libraries and museums One for each 500 square feet of floor area

Machinery Sales, indoor One for each 500 square feet of floor area,minimum 5 spaces

Marinas One for each boat berth, not to include arearequired for winter boat storage

Mobile Home or House Trailer One for each dwelling unit plus oneadditional space for each 4 lots or stands

Motor Vehicle Sales -- Indoor One for each 400 square feet of usable floorareas of sales room and one for each autoservice bay in the service area

Nurseries One for each 600 square feet of sales area

Nursery School One for each ten (10) pupils

Nursing Home One for each 6 beds

Office building One for each 300 square feet of floor areaexclusive of basement or other interior spaceused for mechanical services and areas withinbuilding used for parking cars

Outdoor Sales Lot One for each 1,000 square feet of sales area

Personal service establishment One for each 200 square feet of floor area

Professional Office One for each 200 square feet of floor area

Pool and Billiard Halls One for each 100 square feet of floor area

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USE PARKING SPACES REQUIREDRefreshment -- including sale andconsumption on premises of alcoholicbeverages and food

One for each 200 square feet of floor area upto 4,000 square feet and one for each 100square feet of floor area in excess of 4,000square feet

Repair Shop -- in building One for 400 square feet of floor area

Research and Testing Laboratories One for each 2 employees computed on thebasis of the greatest number of personsemployed at any one period during the day ornight

Retail Shops One for each 200 square feet of floor area upto 2,000 square feet and one for each 400square feet of floor area in excess of 2,000square feet

Rooming houses One for each guest room but not less than 2 inany case

Sanitariums One for each 6 beds

Elementary Schools and Junior Highs One for each teacher, employee, oradministrator in addition to the requirementsof the auditorium or assembly hall. If there isno auditorium or assembly hall, then anadditional two spaces per classroom

Vocational Schools One for each four students

Senior High Schools One for each teacher, employee, andadministrator and one for every ten (10)students in addition to the requirements of theauditorium or assembly hall

Shopping Center -- One acre or less in size 250 square feet of off-street parking for each100 square feet of floor area

Shopping Center -- More than one acre in size 300 square feet of off-street parking for each100 square feet of building area

Skating Rink One for each 100 square feet of floor area

Sports Arena or Stadium One for each 3 seats

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USE PARKING SPACES REQUIREDStorage of gravel, petroleum products, sand,etc., in open

One for each 2,000 square feet of total sitearea

Theater One for each 3 seats

Tourist homes One for each guest offered touristaccommodation, in addition to parking spacesrequired for permanent residents of thebuilding

Tourist cabins One for each lodging unit

Veterinary clinic One for each 300 square feet of floor area

Warehouse and enclosed storage, orwholesale operation

One for each 1,000 square feet of floor area or1 space for each 3 employees whichever isgreater

Welfare Center One for each 200 square feet of gross floorarea

Section 4 Location of Off-Street parking

.1 Off-street parking for one and two-family dwelling units shall be located on thelot of the use it serves. Off-street parking for any other use shall be located on orwithin three hundred (300) feet of the lot occupied by the use it served asmeasured along lines of public access.

.2 No off-street parking area shall be located upon any part of a lot which would berequired as a yard area.

.3 No off-street parking area shall be located on any part of a lot which is required asopen space.

.4 No off-street parking area shall be located on or within a dedicated public right-of-way.

.5 Off-street parking areas for four (4) or more vehicles shall not be located withinten (10) feet from any dwelling, school, hospital or institution for human care,located either upon the same lot or upon any adjacent lot.

.6 Off-street parking areas and loading zones of four (4) or more spaces located onland adjacent to a residential district shall be screened with screen or fencing

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having a density of not less than one hundred percent and at least five (5) feet inheight.

.7 Off-street parking and loading of four (4) or more spaces located adjacent to aresidential district shall not be lighted in any manner which permits intensive lightor glare beyond the parking lot boundaries. The design of same shall be submittedto the Planning and Zoning Administrator for approval.

Section 5 Off-street Loading Requirements

.1 For every building, structure, or part thereof intended or used for manufacturing,warehousing, retailing, wholesaling, or other uses involving the receipt ordistribution of vehicles, materials, supplies, or merchandise, there shall beprovided and maintained on the lot adequate space for standing, loading, andunloading services. Each loading and unloading space shall be an area at leastfourteen (14) feet by fifty (50) feet with a height clearance of eighteen (18) feet.

.2 For buildings used for retail, wholesale, manufacturing, and storage, etc., basedupon the number of square feet of gross floor area (except floor area below theground floor):

Square footage Number of Loading Spaces

Less than 25,000 125,000 to 84,999 285,000 to 154,999 3155,000 to 234,999 4235,000 to 324,999 5325,000 to 424,999 6425,000 to 534,999 7535,000 to 634,999 8635,000 to 774,999 9775,000 or more 10

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.3 For buildings used as office buildings, hotels, hospitals, and institutions, based onthe number of square feet of gross floor area (except floor area below the groundfloor):

Square footage Number of Loading Spaces

Less than 100,000 1100,000 to 334,999 2335,000 to 624,999 3625,000 to 944,999 4944,000 to 1,299,999 51,300,000 or more 6

Section 6 Determination of Required Number of Spaces

.1 Floor Area -- When used as a measurement for determining the number ofparking or loading spaces required for office, merchandising, or service uses, floorarea shall mean the gross floor area used or intended to be used for service to thepublic as patrons or patients, including areas occupied by fixtures and equipment.It shall not include areas used principally for non-public purposes such as storage,processing, or packaging of merchandise, show windows, offices, restrooms,utilities, or dressing, fitting, or alteration rooms.

.2 Beds -- Bassinets shall not be counted as beds.

.3 Places of Assembly -- In stadia, sports arenas, places of worship, and other placesof assembly in which individuals occupy benches, pews, or other similar seatingfacilities, each twenty inches of seating facilities shall be counted as one (1) seatfor determining the number of parking spaces required.

ARTICLE V -- SIGNS

Section 1 General Rules

.1 No sign shall be erected or maintained unless it is in compliance with therequirements for the district in which it is located and has been issued a signpermit.

.2 No sign shall be erected or maintained which constitutes a nuisance because ofglare, focus, animation, or flashing.

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.3 No private sign or its supporting structure shall interfere with the line of visionbetween a motorist and any official traffic sign or signal or other vehiclesapproaching any street intersection.

.4 No private sign shall display flashing intermittent lights resembling thosecustomarily used by emergency vehicles or traffic signals and shall use nodominating or emphasized word that might be misconstrued to be a public safetywarning, traffic sign or signal.

.5 No sign of any type used for advertising purposes shall be located on the side of abuilding on an interior property line which is adjacent to a residential district.

.6 No free-standing ground or pole sign for business or outdoor advertising purposesshall be located on property fronting upon or adjacent to a designated parkway oradjacent to or across the street from a public park or playground.

.7 There shall be no signs of any nature painted directly on the exterior siding orsurface of any building.

.8 All signs shall be maintained so as to not become a safety hazard or a visualnuisance due to neglect deterioration, or abandonment. Building or propertyowners shall be liable for repair or removal.

Section 2 Definitions -- When used in these regulations, the terms used herein shall beinterpreted as follows:

Accessory Sign: A sign located on the same property or lot as the subject of the sign.

Animated Sign: Any sign, or any portion thereof, which is set in motion by any force.

Announcement Sign: Any sign used to announce the use of the plot or direction or location ofbuildings and structures on the plot for an office, home occupation, religious, charitable, or otherinstitutional use. An announcement sign may be indirectly illuminated.

Billboard or Outdoor Advertising Sign: A non-accessory, free-standing, non-flashing, non-animated but normally illuminated sign and especially designated as an “outdoor advertising sign.”

Directional Sign: A sign with sign area of not over two (2) square feet, indicating the direction orroute to an establishment.

Flashing Sign: Any illuminated sign on which lights revolve, rotate, or are not constant inintensity or color.

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Free Standing Sign: Any sign not attached to a building but having its own permanent foundationand support.

Illuminated Sign: Any sign which has characters, letters, figures, designs, or outlines illuminatedby electric lights or illuminated tubes as part of the sign proper or illuminated by anindependently located spot or flood lights.

Non-Accessory Sign: A sign not located on the same property or lot as its subject.

Portable Sign: Any movable sign not attached to a building and projecting more than fifteeninches beyond the building wall.

Sign Area: The entire area with a single continuous perimeter, not including the supports,uprights, or bracing unless they serve a sign function.

Temporary Sign: Any non-illuminated sign intended to be displayed for ninety (90) days or less.

Wall Sign: Any sign attached to or part of the building wall, supported by the wall, andprojecting not more than fifteen inches beyond the building wall.

Section 3 Sign Permit

.1 Sign permits shall be acquired from the Administrator.

.2 Applications for sign permits shall provide the information necessary to determinethat the proposed sign meets the requirements of this Article.

.3 No permit shall be issued allowing the construction, erection, placement, orpainting of a sign until a sign permit has been issued.

.4 If a sign for which a clearance is granted is not erected within one hundred twenty(120) days from the date of the issuance of the clearance, the clearance, unlessrenewed, shall be void.

.5 If a sign becomes a hazard or nuisance, the Administrator shall direct its removal.

Section 4 Signs not Requiring a Permit -- The following signs shall be allowed withoutpermit when they are neither animated nor illuminated, however they may be illuminated byreflected or hidden non-flashing illumination. Such signs shall comply will all otherrequirements of this Article. In those districts, where one of these signs would violate a rulespecific to the zoning of that district, such signs shall be considered to exceptions.

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.1 Memorial signs or tablets

.2 Signs required to be maintained or operated by law, statute, ordinance or othergovernmental order, rule, or regulation

.3 Temporary accessory construction or subdivision site signs denoting participatingarchitect, engineer, contractor or the like. The total sign area shall not exceedforty square feet for each major approach.

.4 Temporary, portable, accessory signs (including rent or sale signs) not to exceedeight square feet in sign area.

.5 Accessory bulletin boards or announcements for places of worship or publicbuildings not to exceed twenty-five square feet in sign area

.6 Name plates, address plates, or identification signs of less than one and one-halfsquare feet for all residential buildings

.7 Accessory name plates, address plates, or identification signs not to exceed tensquare feet for non-residential buildings where said sign is a permanent part of thebuilding and does not project beyond the building wall

.8 Accessory flags or emblems of civic, philanthropic, political, educational, orreligious organizations

.9 Temporary, accessory signs announcing a campaign, drive, or special event of anyof the organizations in the previous subsection

.10 Accessory signs on tracts of forty acres or more advertising farm produce orproducts grown on-site and not exceeding eighty square feet per sign with nomore than two such signs on a forty acre tracts, three such signs per one hundredsixty acre tracts, and one additional such sign for each additional one hundredsixty acres for tracts over one hundred sixty acres

.11 Non-accessory signs that are farm owned.

ARTICLE VI -- STRUCTURAL FEATURES INCLUDED AND EXCLUDED FROMDIMENSION REQUIREMENTS

Section 1 In any district, the ordinary projection of skylights, parapets, window sills, beltcourses, cornices, chimneys and chimney foundations, buttresses, eaves, and other architecturalornamental features may extend not more than two feet into any required yard area. In addition,steps to the principal entrance, walks, fences, walls, balustrades, landscape, or garden ornaments

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shall be permitted in the required yard area subject to any other controls affecting such features.Fire escapes may extend into any required yard area

Section 2 Roofed or screened decks having a height greater than two feet above the grade ofthe abutting property at the nearest lot line, porches, and balconies shall be considered as part ofthe property and shall not be permitted to extend into required yard areas.

PART II -- REGULATIONS BASED ON ZONING OF DISTRICT

TITLE I -- AGRICULTURAL DISTRICT (DISTRICT A)

ARTICLE I -- PURPOSE

District A is intended primarily for use beyond the outer edge of residential, commercial,or industrial development. Intense usage is usually premature and, at times, undesirable in thesedistricts due to a lack of adequate utility services or transportation. It is possible that some lotswithin this district will be changed to more intense uses as utility services are extended orundeveloped areas in districts zoned for more intense uses become in short supply. Uses withinthis district are mostly related to farming or semi-urban functions and are not necessarilycompatible with higher density development.


Section 1 Accessory uses for any agriculturally-oriented activity, which is subordinate andincidental to a permissible principal agricultural use shall be permitted in District A.

Section 2 Accessory to any single-family detached dwelling, one mobile home not onpermanent foundation may be established for use by principal owners, family, or full-timeemployees of the agricultural use. The owner of the principal dwelling shall obtain a permitannually from the Administrator for such accessory dwelling unit

Section 3 Keeping not more than 2 non-transient boarders or roomers shall be a permissibleaccessory use.

Section 4 As an accessory use, temporary housing for transient workers, during a needperiod shall be permissible, subject to obtaining a permit from the administrator. Such permitsshall be temporary and shall expire upon any transfer of the ownership of the lot. Mobile homesmay be used as transient worker housing.

Section 5 It shall be permissible as an accessory use to maintain for not more than two yearstemporary structures for storage of equipment and materials used in connection with theconstruction of a lawfully authorized use. It shall also be permissible to place a Mobile Home onthe property as a temporary residence during the construction or repair of a permanent residence.

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The owner of the property shall obtain a permit annually from the Administrator for suchtemporary structures or residence.

Section 6 Any temporary structure permitted under Section 2, 4, or 5 of this Article shall beremoved within 60 days following the expiration of the permit authorizing such temporarystructure.

Section 7 It shall be permissible to maintain one guest house or caretaker’s caretaker’s cottage on an agricultural plot.

ARTICLE III -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS

Section 1 Minimum Lot Area

.1 Every lot shall be designed to provide a satisfactory building site and shall abut ona street and a utility easement. The minimum width of any lot shall be onehundred (100) feet; and only one principal dwelling shall be permitted on anysuch lot.

.2 Except for lots already in existence under separate ownership at the time of thepassage of this Ordinance, the minimum lot size in District A shall be twenty-five(25) acres.

.3 Conservation Subdivision -- In District A, the owner of a parent tract may applyto the Planning and Zoning Administrator and the Planning and ZoningCommission for permission to create a conservation subdivision.

a. Purpose -- Conservation subdivisions are intended to preserve valuableagricultural and environmentally significant lands by use of conservationeasements and development rights restrictions while allowing someresidential development in the rural areas of the County.

b. Design Standards -- All conservation subdivisions must conform to thefollowing design standards. Proposed conservation subdivisions that donot meet these requirements shall not be approved.

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.i Conservation Easement and Development Rights Restriction --For each proposed conservation subdivision lot, the applicant shallgrant the County a perpetual conservation easement or a perpetualdevelopment right restriction over a portion of the parent tract (or acontiguous tract with common ownership). The perpetualconservation easement or development rights restriction shallinclude a minimum of twenty acres for each conservationsubdivision lot. The conservation easement or development rightrestriction shall prohibit the owners of the remainder of the parenttract and of the conservation subdivision lots from making anyfurther division or subdivision of the portion of the parent tractcovered by the easement or restriction or for applying for anychanges to the zoning map or comprehensive plan as it relates tothe portion covered by the easement or restriction. Nothing in thisparagraph shall be interpreted as allowing the remainder of theparent tract after any conservation subdivision to be less thantwenty-five acres.

.ii Agricultural Use Easement -- In creating the conservationsubdivision lots, the owner of the parent tracts shall reserve for theparent tract and grant to the neighboring properties an agriculturaluse easement.

.iii Lot Size --Conservation subdivision lots shall be at least two acres.

.iv Site Design -- Lots shall be configured to maximize the usable arearemaining for agricultural uses.

.v Lot Clustering -- All conservation subdivision lots shall beclustered. Clusters shall contain between two and four lots. Singlelot clusters are permitted only when no other conservationsubdivision lots are being created (or have previously been createdif such pre-existing clusters do not currently have four lots in them)or when an existing residence will occupy the single lot cluster.

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.vi Cluster Separation -- When there are more than one cluster ofconservation subdivision lots (formed from the same parent tract),the clusters shall be separated by at least 1,320 feet, which shall bemeasured from the exterior boundary lines of the cluster. Wheremore than one cluster shares an interior road and only one clusterabuts a state highway, county arterial road, or section line road, thePlanning Commission may decrease the required separationbetween clusters, provided that clusters must still be separated by aminimum of 200 feet.

.vii Cluster Design-- Each cluster shall be oriented along an interiorroad and buildings shall front onto the interior roads. No morethan two lots in each cluster shall be adjacent to a state highway,county arterial road, or section line road, unless the cluster containsa corner lot which abuts two such roads.

.viii Cluster Access -- Each lot in a cluster shall be accessed via theinterior road. If a clustered lot is adjacent to a state highway,county arterial road, or section line road, access to such a highwayor road shall not be permitted.

.ix Interior Roads -- Interior roads in a cluster shall be built toCounty standards as set forth in Part III, Title II, Article II, exceptthat such roads may be constructed as gravel road; and may includecul-de-sacs.

.x Buffering -- If any conservation subdivision tract abuts an existingroad, conservation easement or adjacent property under separateownership (excluding the parent tract), there shall be a minimumset back of 100 feet.

.xi Dimensional Requirements -- All other dimensional requirementsof the Agricultural District shall apply.

.xii Restriction on Mobile Homes -- No mobile homes may be placedon a conservation subdivision lot, nor may an existing mobilehome be included in a conservation subdivision.

.xiii Other Subdivision Requirements -- All conservationsubdivisions shall meet the requirements of Part III, Title II,Articles III, IV, V, VI, VII, and VIII regarding sewers, utilityeasements, drainage, and other lot design criteria.

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c. Suitability Standards -- Before approving any conservation subdivision,the Planning and Zoning Commission (or the Zoning Administrator as setforth below) shall determine and make findings regarding whether theproposed conservation subdivision is well located and adequate facilitiesand services are available to serve the proposed conservation subdivision.Such findings shall include the following:

.i whether the proposed conservation subdivision is in apredominately agricultural area and does not pose any obstacle tocontinuing agricultural operations in the vicinity;

.ii whether the proposed conservation subdivision is compatible withsurrounding uses;

.iii whether the proposed conservation subdivision lots do not disturbsensitive environmental lands, including flood hazard areas andwetlands;

.iv whether the proposed conservation subdivision lots do not createroad deficiencies such as to potentially require upgrading ofadjacent roads (lots shall be deemed to create such deficiencies ifthey place an existing road above 60% of the capacity for its widthand surface);

.v whether the proposed lots can be safely served by septic systems.

d. Shared Open Space -- Where agricultural uses are not planned for landscontained within the proposed development rights restriction orconservation easement, such lands may be held in common ownershipthrough a homeowners association. In such circumstances, the open spaceshall be undivided, and a perpetual conservation easement shall be grantedto the County.

e. Required Homeowners Association -- When there are multipleconservation subdivision lots, and such lots have shared open space or aninterior road, a homeowners association shall be required. The bylaws ofsuch association shall guarantee continued maintenance of the open spaceand/or interior road by the association. Such bylaws shall be submitted forapproval to the County as part of the application for farm split tracts. Thebylaws shall contain the following information:

.i The legal description of the common land;

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.ii The restrictions placed upon the use and enjoyment of the land;

.iii A mechanism to assess the individual property owners (and enforcesuch assessments) to insure the payment of the common expensesfor the land including upkeep and maintenance expenses, realestate taxes, and insurance premiums;

.iv A mechanism for resolving disputes among the owners orassociation members, including matters related to the governance of theassociation and its ability to sue or be sued;

.v The conditions and timing of the transfer of ownership and controlof the land to the association; and

.vi Any other matter deemed appropriate.

f. Application Procedure

.i Applications for conservation subdivisions shall be made to theZoning Administrator. Only one application for a conservationsubdivision may be made by a property owner per calendar year perparent tract.

.ii An application for a one lot conservation subdivision may bereviewed and approved by the Zoning Administrator if the lot is thefirst conservation subdivision lot created from the parent tract andthere are no interior roads being proposed.

.iii All other applications shall be reviewed by the Planning andZoning Commission.

.iv Public Notice and Hearing -- For all applications reviewed bythe Planning and Zoning Commission, no action shall be takenbefore a hearing has been conducted by the Planning and ZoningCommission for which sufficient notice has been given byPlanning and Zoning Commission. At the very least, such noticeshall comply with the provisions of Chapter 64 and Chapter 610 ofthe Revised Statutes of Missouri. Furthermore, such notice shallbe mailed to the last known address of all owners of propertylocated within 1,000 feet of the boundary of any tract or tractscovered by the proposed change.

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.v The applicant shall identify by legal description each and every conservationsubdivision lot and conservation easement or development right restriction beingcreated in that application, including all utility easements and road right-of-way.An applicant may not reserve additional conservation subdivision rights for a futureapplication by including excess acreage in the conservation easement ordevelopment right restriction. The applicant shall submit a survey showing allconservation subdivision lots, all utility easements, and all road right-of-way.

g. For all conservation subdivisions granted pursuant to this subsection, theconservation easement or development right restriction shall comply withthe following provisions:

.i The conservation easement or development right restriction shallbe dedicated in perpetuity to the County or jointly to the Countyand a public land trust approved by the County in a formacceptable to Lafayette County;

.ii The owner of a tract subject to a development right restriction (butnot a conservation easement) may request a release from therestriction after a period of not less than thirty years from thecreation of the restriction;

.iii The application for release shall be in a form provided by theZoning Administrator and shall document reasons why therestriction should be vacated;

.iv If the original restriction granted rights to entities other thanLafayette County, a notarized release of the restriction by suchentities shall be included with the application;

.v The request for release shall be considered by the Planning andZoning Commission, which shall make its recommendation to theCounty Commission;

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.vi Public Notice and Hearing -- For all applications reviewed bythe Planning and Zoning Commission, no action shall be takenbefore a hearing has been conducted by the Planning and ZoningCommission for which sufficient notice has been given byPlanning and Zoning Commission. At the very least, such noticeshall comply with the provisions of Chapter 64 and Chapter 610 ofthe Revised Statutes of Missouri. Furthermore, such notice shallbe mailed to the last known address of all owners of propertylocated within 1,000 feet of the boundary of any tract or tractscovered by the proposed change.

.vii The County Commission shall consider the request and therecommendation of the Planning and Zoning Commission and mayauthorize vacation of the restriction in whole or in part however,there shall be a presumption against the vacation of the restriction;

.viii The County Commission and the Planning and ZoningCommission shall base their action on the following criteria:

a) the nature of development in the area near the tract;

b) changes in the Comprehensive Plan applicable to the siteand surrounding properties and, if all of the neighboringproperties are still in the Agricultural Resource Tier orequivalent tier, then the application shall be denied;

c) the zoning of surrounding properties, and, if all of theneighboring properties are still in the Agricultural District,or the equivalent district, then the application shall bedenied;

d) restrictions and representations made to owners of theconservation subdivision lots;

e) the availability of adequate public facilities to servepotential developments on the site; and

f) the score of the property on the LESA under Part V of thisordinance, and, if the score is less than 200, then theapplication shall be denied.

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.ix If the County Commission denies the request for release from therestriction, no new request for release shall be considered until theexpiration of ten years from the date the release was denied.

.4 Farm Split -- In District A, the owner of a lot may apply to the Planning andZoning Administrator for an exception to the requirements of this Section. Suchapplication may be granted by the Planning and Zoning Administrator if thefollowing conditions are met:

a. There is currently an inhabitable single-family detached dwelling (notincluding mobile homes) located on the lot;

b. That single-family detached dwelling (not including mobile homes) hasbeen on the lot for at least ten years. For all dwellings constructed prior toJanuary 1, 2008, the owner shall provide proof of the age of the dwellingfrom the records of the Lafayette County Assessor. For all dwellingsconstructed after January 1, 2008, the age of the building shall bedetermined from the latter of the date that a building permit was obtainedfrom the Zoning Administrator and the date that proof was provided to theZoning Administrator that construction on the building was completed;

c. The owner wishes to separate the portion of the lot containing the dwellingfrom the agricultural portion of the lot;

d. The portion of the lot containing the dwelling may not include a mobilehome;

e. The proposed new lot containing the dwelling shall be not less than 2acres;

f. The agricultural portion of the lot shall be at least twenty-five (25) acres;

g. The agricultural portion of the lot will remain agricultural in use;

h. All other provisions of this Ordinance are met including the provisionsregarding yard size and the relationship of the depth of the farm split tractto the width of the farm split tract shall not be greater than four (4) toone(1); and

i. No mobile home may be placed on a farm split tract.

Prior to submission of an application for the granting of such an exception, theowner of the lot shall participate in a pre-application conference under Part III,

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Title II, Article IX, Section 1 of this Ordinance. As part of the application, theowner shall submit a survey showing the proposed lot line of the farm split tractand all existing buildings located within 200 feet of the lot line. If the exceptionis granted, the Planning and Zoning Administrator shall complete a waiver of platfor the subdivision.

.5 In lots of less than twenty-five acres permitted under subsection .3 and subsection.4 of this section, the minimum lot size for lots maintaining on-site sewagedisposal shall be established, based on soil percolation tests, so as to assure thatsewage effluent stays on the lot. The minimum area for lots permitted undersubsection 3 shall be certified by a registered or licensed engineer or surveyorprior to the granting of the exception.

.6 In District A, in addition to the provisions of subsection .3 and subsection .4 ofthis section, a new lot of less than twenty-five (25) acres may be created by theforeclosure and sale of a lot created pursuant to a deed of trust or mortgage asdefined in Chapter 443 of the Revised Statutes of Missouri if such a mortgage ordeed of trust was created to secure a loan originated by a bank or other financialinstitution as defined by Chapter 362 of the Revised Statutes of Missouri. Any lotso created shall have a minimum lot size of five (5) acres.

Section 2 Maximum height

.1 Dwellings in District A shall not exceed thirty-five feet in height, nor shall theyexceed 2.5 stories.

.2 Public or semi-public buildings such as hospitals, places of worship, sanitariumsor schools, shall not exceed seventy-five feet in height.

.3 Parapet walls and false mansards shall not extend more than six feet above theheight limit.

.4 There are no height limits on any other permitted use in District A. However,buildings or structures located within the approach, transition, or turning zone of an airport shallcomply with any height regulations of the FAA or any successor agency.

Section 3 Minimum side yards

.1 The minimum side yard shall be 25 feet for buildings of less than thirty-five feetin height. If the side yard abuts a street, the minimum side yard shall be 50 feet.

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.2 For all public or semi-public buildings exceeding thirty-five feet in height, theminimum side yard shall be determined by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds thirty-five feet.

.3 For all other buildings or structures, the minimum side yard shall be 25 feet. Ifthe side yard abuts a street, the minimum side yard shall be 50 feet.

Section 4 Minimum front yard

.1 For all buildings less than thirty-five feet in height, the minimum front yard shallbe 50 feet.

.2 For all public or semi-public buildings exceeding thirty-five feet in height, theminimum front yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for foot by which the building exceeds thirty-five feet.

.3 For all other buildings or structures, the minimum front yard shall be 50 feet.

Section 5 Minimum rear yard

.1 For all buildings less than thirty-five feet in height, the minimum rear yard shallbe 50 feet. If the rear yard abuts an alley, one-half of the alley shall be treated as part of the rearyard.

.2 For all public or semi-public buildings exceeding thirty-five feet in height, theminimum rear yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for foot by which the building exceeds thirty-five feet.

.3 For all other buildings or structures, the minimum rear yard shall be 50 feet.

Section 6 Minimum Floor Area (Residential) -- The minimum floor area of a residentialbuilding in District A shall be 900 square feet (exclusive of basements, open or screened porchesand garages).

TITLE II -- REGULATIONS GOVERNING RESIDENTIAL AGRICULTURE (DISTRICT RA)


District RA is intended for extremely low density residential development. While thetypical primary use of lots in District RA is residential, some agricultural uses are permissible asprimary uses and most agricultural uses are permissible as accessory uses. This district shouldgenerally be compatible with agricultural operations.

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Section 1 Accessory uses shall include no use which is unrelated to a residential use or anagricultural use except for home occupations.

Section 2 Accessory to any single-family detached dwelling, one mobile home not onpermanent foundation may be established for use by principal owners, family, or full-timeemployees of the agricultural use. The owner of the principal dwelling shall obtain a permitannually from the Administrator for such accessory dwelling unit.

Section 3 Any temporary structure permitted under Section 2 of this Article shall beremoved within 60 days following the expiration of the permit authorizing such temporarystructure.



.1 Every lot shall be designed to provide a satisfactory building site and shall abut ona street and a utility easement. For all lots, the relationship of the depth of any lot to its width atthe building restriction line shall not be greater than four (4) to one (1). Only one principaldwelling shall be permitted on any lot.

.2 The minimum lot size in District RA shall be 5 acres for all uses. However, theminimum lot size for lots maintaining on-site sewage disposal shall be established, based on soilpercolation tests, so as to assure that sewage effluent stays on the lot. The minimum area for lotsshall be certified by a registered or licensed engineer or surveyor prior to the approval of anyproposed plat subdividing property.


.1 Except as noted below, buildings or structures in District RA shall not exceedthirty-five feet in height, nor shall they exceed 2.5 stories.



.4 A radio aerial or television antenna support shall not exceed forty feet in heightnor shall they exceed twenty feet above the ridge of a roof.

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.5 Buildings or structures located within the approach, transition, or turning zone ofan airport shall comply with any height regulations of the FAA or any successor agency.










Section 6 Minimum Floor Area (Residential) -- The minimum floor area of a residentialbuilding in District RA shall be 1,200 square feet (exclusive of basements, open or screenedporches and garages).

TITLE III -- REGULATIONS GOVERNING RURAL ESTATES (DISTRICT RE)


District RE is intended to provide for low density, suburban ranchette or estate-type ofresidential development. This district should generally be compatible with agriculturaloperations.

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Section 1 In District RE, accessory buildings for residential uses shall be limited tobuildings for domestic or household use or for the parking of motor vehicles.

Section 2 Accessory uses shall include no use which is unrelated to a residential use exceptfor home occupations.



.1 Every lot shall be designed to provide a satisfactory building site and shall abut ona street and a utility easement. For all lots, the relationship of the depth of any lot to its width atthe building restriction line shall not be greater than three (3) to one (1). Only one principalbuilding shall be permitted on any lot.

.2 The minimum lot size in District RE shall be 1.5 acres for all uses. However, theminimum lot size for lots maintaining on-site sewage disposal shall be established, based on soilpercolation tests, so as to assure that sewage effluent stays on the lot. The minimum area for lotsshall be certified by a registered or licensed engineer or surveyor prior to the approval of anyproposed plat subdividing property.


.1 Except as noted below, buildings or structures in District RE shall not exceedthirty-five feet in height, nor shall they exceed 2.5 stories.





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Section 6 Maximum Lot Coverage -- The maximum lot coverage shall be 6% of the totalarea of the lot.

Section 7 Minimum Floor Area (Residential) -- The minimum floor area of a residentialbuilding in District RE shall be 1,200 square feet (exclusive of basements, open or screenedporches and garages).

TITLE IV -- REGULATIONS GOVERNING DISTRICT R


District R is intended primarily for one-family detached dwelling units and relatedresidential activities. This district is intended to accommodate a moderate population density onlarger-size lot areas.

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Section 1 In District R, accessory buildings for residential uses shall be limited to buildingsfor domestic or household use or for the parking of motor vehicles.




.1 Every lot shall be designed to provide a satisfactory building site and shall abut ona street and a utility easement. The relationship of the depth of any lot to its width at the buildingrestriction line shall not be greater than three (3) to one (1); and only one principal building shallbe permitted on any such lot.

.2 The minimum lot size in District R shall be 8,400 square feet. However, theminimum lot size for lots maintaining on-site sewage disposal shall be established, based on soilpercolation tests, so as to assure that sewage effluent stays on the lot. The minimum area for lotsshall be certified by a registered or licensed engineer or surveyor prior to the approval of anyproposed plat subdividing property. However, the minimum lot area for any lot with privatewells as the main source of water or on-site sewage shall be ½ acre.


.1 Except as noted below, buildings or structures in District R shall not exceedthirty-five feet in height, nor shall they exceed 2.5 stories.





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.1 For all buildings less than thirty-five feet in height, the minimum front yard shallbe 30 feet. If the building is on a lot adjoining or abutting District RE, the minimum front yardshall be 50 feet.

.2 For all public or semi-public buildings exceeding thirty-five feet in height, theminimum front yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds thirty-five feet.



.2 For all public or semi-public buildings exceeding thirty-five feet in height, theminimum rear yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds thirty-five feet.

Section 6 Minimum Lot Width -- At the building set back line, the minimum lot widthshall be 65 feet. The minimum mean lot width shall be 70 feet. However, corner lots shall havesufficient width as to have the same setback from both streets.

Section 7 Minimum Lot Depth -- The mean minimum lot depth shall be 110 feet.However, if sewage is disposed on site, the mean minimum lot depth shall be 175 feet.


Section 9 Minimum Floor Area (Residential) -- The minimum floor area of a residentialbuilding in District R shall be 1,200 square feet (exclusive of basements, open or screenedporches and garages).

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Section 10 Accessory Buildings -- All detached or accessory buildings shall be less than 720square feet.

TITLE V -- REGULATIONS GOVERNING DISTRICT R-1


District R-1 is intended primarily for one-family detached dwelling units and relatedresidential activities. This district is intended to accommodate a moderate population density onmedium-size lot areas. Subdivisions built in this district shall have some form of centralizedwater and sewer system.


Section 1 In District R-1, accessory buildings for residential uses shall be limited tobuildings for domestic or household use or for the parking of motor vehicles.





.2 The minimum lot size in District R-1 shall be 7,200 square feet.


.1 Except as noted below, buildings or structures in District R-1 shall not exceedthirty-five feet in height, nor shall they exceed 2.5 stories.



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.1 For all buildings less than thirty-five feet in height, the minimum front yard shallbe 30 feet. If the building is on a lot adjoining or abutting a District RE, the minimum front yardshall be 50 feet.






Section 7 Minimum Lot Depth -- The mean minimum lot depth shall be 110 feet.


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Section 9 Minimum Floor Area (Residential) -- The minimum floor area of a residentialbuilding in District R-1 shall be 900 square feet (exclusive of basements, open or screenedporches and garages).


TITLE VI -- REGULATIONS GOVERNING DISTRICT R-2


District R-2 is intended for one- or two-family detached dwellings and related residentialactivities. This district is intended to accommodate a moderately high population density.Subdivisions built in this district shall have some form of centralized water and sewer system.







.2 The minimum lot size in a District R-2 shall be 7,200 square feet.

.3 The minimum lot size for a duplex or triplex in District R-2 shall be 9,000 squarefeet.

.4 The minimum lot size for a fourplex in a District R-2 shall be 12,000 square feet.

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.1 Except as noted below, buildings or structures in District R-2 shall not exceedthirty-five feet in height, nor shall they exceed 2.5 stories.













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Section 9 Minimum Floor Area (Residential) -- The minimum floor area of a residentialbuilding in District R-2 shall be 900 square feet (exclusive of basements, open or screenedporches and garages). However, for all residential buildings with three or more dwelling units,the minimum floor area shall be 768 square feet per dwelling unit.


TITLE VII -- REGULATIONS GOVERNING DISTRICT R-3


District R-3 is intended to accommodate apartment buildings located in proximity toprincipal areas of commercial activity or to major thoroughfares. Subdivisions built in thisdistrict shall have some form of centralized water and sewer system.






.1 Every lot shall be designed to provide a satisfactory building site and shall abut ona street and a utility easement. The relationship of the depth of any lot to its width at the building

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restriction line shall not be greater than three (3) to one (1); and only one principal building shallbe permitted on any such lot.

.2 The minimum lot size in District R-3 shall be 6,000 square feet.

.3 The minimum lot size for a triplex in District R-3 shall be 9,000 square feet.

.4 The minimum lot size for a fourplex in District R-3 shall be 10,000 square feet.

.5 The minimum lot size for elderly or handicapped housing in District R-3 shall be9,000 square feet plus an additional 1,000 square feet for each dwelling unit in excess of 9dwelling units.

.6 The minimum lot size for an apartment with over four units shall be 2,500 squarefeet per apartment.

.7 The minimum lot size for attached single family dwellings (up to 6 units) shall be4,500 square feet per dwelling unit.

.8 The minimum lot size for mobile home parks shall be 5 acres; the minimum lotsize for a mobile home shall be 3,000 square feet.


.1 Except as noted below, buildings or structures in District R-3 shall not exceedfifty feet in height, nor shall they exceed 5 stories.





.1 The minimum side yard shall be 10 feet for buildings of less than fifty feet inheight. If the side yard abuts a street, the minimum side yard shall be 20 feet.

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.2 For all public or semi-public buildings exceeding fifty feet in height, theminimum side yard shall be determined by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds fifty feet.


.1 For all buildings less than fifty feet in height, the minimum front yard shall be 30feet. If the building is on a lot adjoining or abutting District RE, the minimum front yard shall be50 feet.

.2 For all public or semi-public buildings exceeding fifty feet in height, theminimum front yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds fifty feet.


.1 For all buildings less than fifty feet in height, the minimum rear yard shall be 20feet. If the rear yard abuts an alley, one-half of the alley shall be treated as part of the rear yard.

.2 For all public or semi-public buildings exceeding fifty feet in height, theminimum rear yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds fifty feet.

Section 6 Play Space -- Suitable play space shall be provided which is easily accessiblefrom the living units without encountering traffic hazards and which is so located that it will notimpair the view from the front of the apartments. The space shall contain at least 1000 squarefeet plus 60 square feet per unit for the first eight units in excess of four (units 5 -12) plus thirtysquare feet per unit for all units in excess of twelve.




Section 10 Minimum Floor Area (Residential) -- In District R-3, for all residentialbuildings with three or more dwelling units, the minimum floor area shall be 768 square feet perdwelling unit.

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TITLE VIII -- REGULATIONS GOVERNING DISTRICT B-0


District B-0 is intended to provide areas for public, semi-public, institutional,professional and office types of uses. Intensity and density of uses are similar to District R-3.These uses should pose minimal conflicts with neighboring residential areas.

ARTICLE II -- HEIGHT, AREA, BULK & DIMENSIONAL REQUIREMENTS


.1 Every lot shall be designed to provide a satisfactory building site and shall abut ona street and a utility easement.

.2 The minimum lot size in District B-0 shall be 6,000 square feet.

.3 The minimum lot size for a triplex in District B-0 shall be 9,000 square feet.

.4 The minimum lot size for a fourplex in District B-0 shall be 10,000 square feet.

.5 The minimum lot size for elderly or handicapped housing in District B-0 shall be9,000 square feet plus an additional 1,000 square feet for each dwelling unit in excess of 9dwelling units.


.7 The minimum lot size for attached single family dwellings (up to 6 units) shall be4,500 square feet per dwelling.


.1 Except as noted below, buildings or structures in District B-0 shall not exceedfifty feet in height, nor shall they exceed 5 stories.



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.1 The minimum side yard shall be 10 feet for buildings of less than fifty feet inheight. If the side yard abuts a street, the minimum side yard shall be 20 feet.

.2 For all public or semi-public buildings exceeding fifty feet in height, theminimum side yard shall be determined by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds fifty feet.


.1 For all buildings less than fifty feet in height, the minimum front yard shall be 30feet. If the building is on a lot adjoining or abutting District RE, the minimum front yard shall be50 feet.

.2 For all public or semi-public buildings exceeding fifty feet in height, theminimum front yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds fifty feet.


.1 For all buildings less than fifty feet in height, the minimum rear yard shall be 20feet. If the rear yard abuts an alley, one-half of the alley shall be treated as part of the rear yard.

.2 For all public or semi-public buildings exceeding fifty feet in height, theminimum rear yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds fifty feet.

Section 6 Play Space -- Suitable play space shall be provided which is easily accessiblefrom the living units without encountering traffic hazards and which is so located that it will notimpair the view from the front of the apartments. The space shall contain at least 1000 squarefeet plus 60 square feet per unit for the first eight units in excess of four (units 5 -12) plus thirtysquare feet per unit for all units in excess of twelve.



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TITLE IX -- REGULATIONS FOR DISTRICT B-1


District B-1 is intended for retail trade and convenience services providing neighborhoodshopping accommodations. Businesses which generate traffic in volumes beyond local trafficcapacity are generally not included in this district. Lots within this district are generally locatedon major streets near intersections. Residential uses are not generally included in this district.




.2 The minimum lot size for elderly or handicapped housing in District B-1 shall be10,000 square feet plus an additional 1,000 square feet for each dwelling unit in excess of 10dwelling units.



.1 Except as noted below, buildings or structures in District B-1 shall not exceedthirty-five feet in height, nor shall they exceed 2.5 stories.




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.1 If a lot abuts District A, RA, RE, R, R-1, or R-2 or if a lot abuts a side street, theminimum side yard shall be 25 feet for all buildings not exceeding thirty-five feet in height.


.3 If a lot does not abut a side street or District A, RA, RE, R, R-1, or R-2, there areno minimum side yards.










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TITLE X -- REGULATIONS FOR DISTRICT B-2


District B-2 is intended for general trades and commercial services located on majorthoroughfares outside of central or local business districts. This district is particularlyappropriate alongside major highway. This district draws highway uses such as restaurants,service stations, and motels which are not totally compatible with shopping centers but whichmay be grouped together as highway service centers. Multi-family residential uses are permitted.


Section 1 Open storage shall be permitted in District B-2 only for retail sale. Open storageof raw materials, scrap, junk, or salvage or of automobiles or other items intended to be wrecked,scrapped, salvaged, or junked shall not be permitted in District B-2.

Section 2 Open retail sales lots, which are adjacent to District RE, R, R-1, R-2, or R-3 at thetime that such use is established, shall be bordered on all sides adjacent to such districts by asolid fence or wall at least six (6) feet in height.

Section 3 Open storage of any material permitted to be stored in the district shall not bestored, stacked, or piled to a greater height than the bordering fence or wall. Booms or otherappendages of construction vehicles or equipment shall not be included in the height of theprinciple body of such vehicles or equipment.

Section 4 Open storage shall be limited to the storage of merchandise available for sale andno other permitted activity shall be carried on unless within an enclosed building.




.2 The minimum lot size for private clubs, the primary purpose of which are athleticor recreational shall be 10 acres. No building in the lot shall be closer than one hundred (100)feet to any property line.

.3 The minimum lot size for any building providing jointly for hotel and apartmentuse will be 10 acres. The number of dwelling units permitted by the lot area per dwelling unitrequirement shall be reduced in the same proportion as the total floor area devoted to hotel ornon-housekeeping rooms bears to the total floor area devoted to both uses.

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.1 Except as noted below, buildings or structures in District B-2 shall not exceedforty-five feet in height, nor shall they exceed 3 stories.





.1 If a lot abuts District A, RA, RE, R, R-1, or R-2 or if a lot abuts a side street, theminimum side yard shall be 25 feet for all buildings not exceeding forty-five feet in height. If alot abuts District R-3, B-0, or B-1 but does not abut a side street, the minimum side yard shall be15 feet for all buildings not exceeding forty-five feet in height.

.2 For all public or semi-public buildings exceeding forty-five feet in height, theminimum side yard shall be determined by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds forty-five feet.

.3 If a lot does not abut a side street or District A, RA, RE, R, R-1, R-2, R-3, B-0, orB-1, there are no minimum side yards.


.1 For all buildings less than forty-five feet in height, the minimum front yard shallbe 25 feet. If the building is on a lot fronting, adjoining or abutting District RE, the minimumfront yard shall be 50 feet. If the building is on a located on a lot fronting, adjoining, or abutting,District A, RA, R, R-1, R-2, R-3, B-0, or B-1, the minimum front yard shall be 30 feet.

.2 For all public or semi-public buildings exceeding forty-five feet in height, theminimum front yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds forty-five feet.

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.1 For all buildings less than forty-five feet in height, the minimum rear yard shall be20 feet. If the lot abuts District RE, R, R-1, or R-2, the minimum rear yard shall be twenty-fivefeet. If the rear yard abuts an alley, one-half of the alley shall be treated as part of the rear yard.

.2 For all public or semi-public buildings exceeding forty-five feet in height, theminimum rear yard shall be calculated by adding an additional foot to the requirement in theprevious subsection for each foot by which the building exceeds forty-five feet.

.3 When the rear line adjoins a railway right-of-way or there is a rear railway trackconnection, there shall be no minimum rear yard as long as there is sufficient access for firefighting equipment. Access is to be approved by the Fire Chief of the Fire District havingjurisdiction prior to the issuance of any permit.




TITLE XI -- REGULATIONS FOR DISTRICT M-1


District M-1 is intended for those manufacturing industries and related activities in whichthe production performance of the manufacturing industries characteristically produces a finishedproduct from semi-finished materials, but requires little or no outside material storage. Theeffect of the production process upon surrounding areas is normally that of the traffic generatedby the receipt and delivery of goods and materials. Commercial uses in this district are generallythose which serve the convenience of industrial establishments and their employees. Residentialuses are not compatible with this environment and are not included in order that the district maybe reserved for its intended light industrial purpose.


Section 1 Minimum Lot Area -- Every lot shall be designed to provide a satisfactorybuilding site and shall abut on a street and a utility easement.

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.1 Except as noted below, buildings or structures in District M-1 shall not exceedseventy-five feet in height.




.1 If a lot abuts District A, RA, RE, R, R-1, or R-2, the minimum side yard shall be100 feet or 100% of the height of the building, whichever is greater. If a lot abuts District R-3,B-0, or B-1 or abuts a side street, the minimum side yard shall be 20 feet or 50% of the height ofthe building, whichever is greater.



.1 If a lot fronts, adjoins, or abuts District A, RA, RE, R, R-1, or R-2, the minimumfront yard shall be 100 feet or 100% of the height of the building, whichever is greater.

.2 If a lot fronts, adjoins, or abuts, District R-3, B-0, or B-1, the minimum front yardshall be 50 feet or 50% of the height of the building, whichever is greater.

.3 For all other lots, the minimum front yard shall be 25 feet.


.1 If a lot abuts District R-3, B-0, or B-1, the minimum rear yard shall be 20 feet or50% of height, whichever is greater. If a lot abuts District RE, R, R-1, or R-2, the minimum rearyard shall be 100 feet or 75% of height, whichever is greater. For all other lots, the minimumrear yard shall be 20 feet. If the rear yard abuts an alley, one-half of the alley shall be treated aspart of the rear yard.

.2 When the rear line adjoins a railway right-of-way or there is a rear railway trackconnection, there shall be no minimum rear yard as long as there is sufficient access for firefighting equipment. Access is to be approved by the Fire Chief of the Fire District havingjurisdiction prior to the issuance of any permit.

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TITLE XII -- REGULATIONS FOR DISTRICT M-2


District M-2 is intended for major basic manufacturing industries and related industrialactivities. Many of these industries characteristically store bulk quantities of raw or scrapmaterial for processing to semi-finished products. Commercial uses in this district are generallythose which serve the convenience of industrial establishments and their employees. the trafficgenerated by the receipt and delivery of goods and materials. Residential uses are notcompatible with this environment and are not included in order that the district may be reservedfor its intended heavy industrial purpose.


Section 1 Open storage shall be permitted in District M-2 if the conditions of this Article aremet. Open storage of raw materials, scrap, junk, or salvage or of automobiles or other itemsintended to be wrecked, scrapped, salvaged, or junked is permitted in District M-2.

Section 2 Any open storage, other than retail sales, lots shall be bordered by a solid fence orwall at least six (6) feet in height, and such fence or wall shall set back from any property line adistance which is not less than twenty-five (25) feet. Open retail sales lots adjacent to District A,RE, R, R-1, R-2, or R-3 shall be bordered on all sides adjacent to such districts by a solid fenceor wall at least six (6) feet in height, and such fence or wall shall set back from the property line adistance which is not less than twenty-five (25) feet or the height of the fence, whichever isgreater.

Section 3 Open storage of any material permitted to be stored in the district shall not bestored, stacked, or piled to a greater height than the bordering fence or wall. Booms or otherappendages of construction vehicles or equipment shall not be included in the height of theprinciple body of such vehicles or equipment.

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Section 1 Minimum Lot Area -- Every lot shall be designed to provide a satisfactorybuilding site and shall abut on a street and a utility easement.


.1 Except as noted below, there are no height restrictions on buildings or structuresin districts zoned M-2.



.1 If a lot abuts District A, RA, RE, R, R-1, or R-2, the minimum side yard shall be150 feet or 100% of the height of the building, whichever is greater. If a lot abuts District R-3,B-0, or B-1, the minimum side yard shall be 75 feet or 75% of the height of the building,whichever is greater. If a lot abuts a side street, the minimum side yard shall be 15 feet.



.1 If a lot fronts, adjoins, or abuts District A, RA, RE, R, R-1, or R-2, the minimumfront yard shall be 150 feet or 100% of the height of the building, whichever is greater.

.2 If a lot fronts, adjoins, or abuts, District R-3, B-0, or B-1, the minimum front yardshall be 75 feet or 50% of the height of the building, whichever is greater.

.3 For all other lots, there is no minimum front yard.


.1 If a lot abuts District R-3, B-0, or B-1, the minimum rear yard shall be 75 feet or75% of height, whichever is greater. If a lot abuts District RE, R, R-1, or R-2, the minimum rearyard shall be 150 feet or 100% of height, whichever is greater. For all other lots, the minimumrear yard shall be 10 feet. If the rear yard abuts an alley, one-half of the alley shall be treated aspart of the rear yard.

.2 When the rear line adjoins a railway right-of-way or there is a rear railway trackconnection, there shall be no minimum rear yard as long as there is sufficient access for fire

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fighting equipment. Access is to be approved by the Fire Chief of the Fire District havingjurisdiction prior to the issuance of any permit.




PART III–SUBDIVISION AND DEVELOPMENT REGULATIONS

TITLE I -- CONCEPT PLANS

ARTICLE I–PRELIMINARY CONCEPT PLANS

Section 1 Applicability -- In connection with an application for rezoning, an applicant shallprepare and submit a Preliminary Concept Plan for approval. A Preliminary Concept Plan alsoshall be required prior to any subdivision of property affecting only a portion of one or moreadjoining tracts owned by the same owner. For property zoned B-0, B-1, B-2, M-1, or M-2, aPreliminary Concept Plan shall be required prior to the granting of any conditional use permit orapproval for subdivision.

Section 2 Application for Approval

.1 Pre-application meeting

a. A party with a legitimate interest in a property may arrange a meeting withthe Zoning Administrator to discuss the requirements for filing forapproval of a Preliminary Concept Plan.

b. At such meeting, the Zoning Administrator shall review the requirementsfor Preliminary Concept Plans and shall assist the party in determiningwhether there will be a need to file any related applications (e.g.Comprehensive Plan Amendments, Zoning Map Amendment, ConditionalUse Permit, or Variance). The Zoning Administrator shall also assist theparty in determining submittal requirements.

c. The Zoning Administrator shall discuss the uses permitted in the currentand/or proposed zoning district as well as the requirements with regards tolot size, lot coverage, setback, and other area dimensions. For

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developments in Districts B-0, B-1, B-2, M-1, and M-2, the ZoningAdministrator shall also discuss regulations covering signage and parkingspace requirements for the proposed uses.

d. The Zoning Administrator shall provide the applicant with blank copies ofthe Land Evaluation and Site Assessment form if applicable.

.2 No sooner than 7 working days after the pre-application meeting, the applicantmay file an application for approval of a Preliminary Concept Plan or for approvalof an Amended Preliminary Concept Plan. Such application shall not be deemedto be filed until the application is complete. Such application shall not be deemedto be complete until the date that all requirements of this subsection are met andthe application is:

a. completed in full on the form established by the Zoning Administrator;

b. accompanied by a filing fee in the amount established by the CountyCommission;

c. includes all information required by the application and this article;

d. accompanied by a list of all owners of record by name and last knownaddress of all property located within 1,000 feet of the boundary of thetract or tracts covered by the application; and

e. accompanied by related applications identified by the ZoningAdministrator in the pre-application meeting.

Section 3 Contents -- All applications shall be accompanied by the following information:

.1 General Requirements

a. Names and addresses of the record owner, developer, and/or land planner;

b. A layout of the entire proposed subdivision and its relationship to adjacentproperty, existing development, and recorded maps;

c. Legal description of the property;

d. Approximate boundaries and time of proposed phases of development;

e. Proposed land use and zoning showing compatibility with theComprehensive Plan;

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f. Proposed number of dwelling units and gross density of each type ofresidence;

g. For non-residential parcels, the proposed floor area of each building;

h. Proposed and existing arterial, collector, and local streets serving the areaof the subdivision;

i. Location of sites for parks, schools, and other public uses, and all areas ofcommon ownership;

j. Approximate boundaries of lots within the subdivision;

k. Significant hydrological features and structures including any 100-yearfloodplains, floodways, and wetlands;

l. Significant man-made features such as railroads, buildings, utilities, anddrainage structures;

m. Proposed water and sewer service; and

n. Identification of known exceptional topographical, cultural, historical,archeological, hydrological, or any other physical condition of the propertyto be developed or within 100 feet on an adjacent parcel.

.2 Additional Requirements applicable to B-0, B-1, B-2, M-1, and M-2 (and tomulti-family dwellings in R-3)

a. Locations and square footage of proposed buildings;

b. Uses of proposed buildings;

c. Restrictions or designs features ensuring compatibility with adjacentdevelopment including fencing and/or other buffering; and

d. Map drawn to approximate scale showing locations and setbacks ofbuildings and locations and sizes of parking area and driveway layout.

Section 4 Public Notice and Hearing -- No action shall be taken before a hearing has beenconducted by the Planning and Zoning Commission for which sufficient notice has been given byPlanning and Zoning Commission. At the very least, such notice shall comply with theprovisions of Chapter 64 and Chapter 610 of the Revised Statutes of Missouri. Furthermore,

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such notice shall be mailed to the last known address of all owners of property located within1,000 feet of the boundary of any tract or tracts covered by the proposed change.

Section 5 Sign announcing pending change

.1 Upon receipt of an application, the Planning and Zoning Administrator shallprovide one or more signs to the applicant to be placed upon the tract or tracts forwhich the Preliminary Concept Plan is being considered. Such signs shall, at aminimum, state that an application for approval of a Preliminary Concept Plan hasbeen filed and that further information may be obtained from the Planning andZoning Administrator.

.2 The sign shall be installed by the applicant in a location adjacent to and clearlyvisible from a public street at least fifteen days prior to the date of the hearingbefore the planning and zoning commission and shall remain in place until theapplication has been finally resolved.

.3 The sign shall be the property of the Lafayette County Planning and Zoning Officeand shall be returned to the Planning and Zoning Office after the application hasbeen finally resolved.

.4 The placement of such sign is for the convenience and information of the publicand the absence, through no fault of the applicant, of such sign during part of thespecified period of time shall in no way impair or nullify proceedings on theaction being considered.

Section 6 Concept Plan Approval Criteria -- Action on a Preliminary Concept plan shallbe based on the following criteria:

.1 Consistency with the comprehensive plan;

.2 Compliance with applicable development regulations;

.3 Adequacy of infrastructure to serve existing, already approved and proposeddevelopment;

.4 Achievement of a passing LESA score, if applicable and

.5 Compatibility with existing and planned land uses on adjacent land.

Section 7 Infrastructure Upgrades -- If a passing score is based on upgrades to existinginfrastructure proposed by the applicant, the applicant shall submit a development agreement in aform acceptable to Lafayette County in which the applicant commits to completing the proposed

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upgrades concurrently with demands for the infrastructure. For agreements involving proposedsubdivisions, appropriate security for the improvements shall be provided to the CountyCommission at the time that a final plat is submitted to the County Commission. If an agreementdoes not involve a proposed subdivision, appropriate security for the improvements shall beprovided to the County Commission at the time that the Final Development Plan is submitted tothe County Commission.

Section 8 Effect of Approval

.1 If neither an amendment to the zoning map nor a conditional use permit isrequired, a Preliminary Concept Plan becomes effective upon approval by thePlanning and Zoning Commission.

.2 If an amendment to the zoning map is required, but no conditional use permit isrequired, a Preliminary Concept Plan becomes effective upon approval of theamendment to the zoning map and the Preliminary Concept Plan by the CountyCommission.

.3 If a conditional use permit is required, a Preliminary Concept Plan becomeseffective upon approval of the conditional use permit.

.4 If the amendment to the zoning map is denied by the County Commission or theconditional use permit is denied, the approval of the Preliminary Concept Plan bythe Planning and Zoning Commission shall be null and void.

.5 Approval of the Preliminary Concept Plan shall constitute permission to submit aPreliminary Plat within 18 months of the effective date of the approval of thePreliminary Concept Plan or to submit a Site Plan within 24 months of thePreliminary Concept Plan.

Section 9 Amendment -- Prior to the approval of a final plat or Site Plan, if major changesto the Preliminary Concept Plan as defined by Article II of this Title are required, the applicantshall file an application for approval of a new Preliminary Concept Plan. Such an applicationshall be reviewed as if it were a new application and shall fully comply with the requirements ofthis Article.

ARTICLE II–CHANGES BETWEEN PRELIMINARY CONCEPT PLAN ANDPRELIMINARY PLAT, FINAL PLAT, AND/OR SITE PLANS

Section 1 Compliance with Preliminary Concept Plan Required -- Applications forapproval of a preliminary plat, a final plat, or site plan are conditioned upon the preliminary plat,final plat or site plan being in substantial compliance with the preliminary concept plan. Apreliminary plat, final plat, or site plan is in substantial compliance with the preliminary concept

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plan only if all changes from the preliminary concept plan are minor changes. A preliminaryplat, final plat, or site plan is not in substantial compliance with the preliminary concept plan ifthere are major changes.

Section 2 Minor Changes Defined -- Minor changes are changes that do not alter theoverall characteristics of the total preliminary concept plan and that create no adverse impacts onadjacent uses or public services or facilities. The following changes are considered to be minorchanges:

.1 Changes in location and type of landscaping and/or screening so long as theapproved character and intent is maintained;

.2 Changes in the orientation of portions of parking areas so long as the effectivenessof the overall site circulation and parking is maintained; however, parking areasmay not be relocated to within twenty (20) feet of any residential structure orwithin ten (10) feet of any street or right-of-way and the number of parking spacesmay not be changed by more than five percent (5%);

.3 Changes in the location of sidewalks and pathways, provided that continuity ofpedestrian circulation remains;

.4 The reorientation of buildings provided that the total floor area and the area of thefootprint of the building are not altered by more than ten percent (10%) and thatthe size of the smallest yard is not altered by more than (10%);

.5 Any decrease in the number of lots in the subdivision;

.6 Any increase in the number of lots in a subdivision greater than five percent (5%);and

.7 Any change in interior roads that alters the percentage of lots served by interiorroads by more than five percent (5%);

Section 3 Major Changes Defined -- The following changes are considered to be majorchanges requiring the submission of an amended preliminary concept plan:

.1 Any change in the permitted uses on the property;

.2 For properties requiring a site plan, any increase in the total lot coverage bystructures on the property;

.3 Any change in uses which would increase demand for traffic circulation, publicutilities, or the minimum number of required parking spaces;

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.4 Any decrease by more than five percent (5%) in the amount of open space;

.5 Any decrease in pavement and sidewalk widths; and

.6 Any changes in excess of the maximum permitted in section 2 of this article.

.7 Any change not defined in section 2 of this article as a minor change.

TITLE II–GENERAL SUBDIVISION PROVISIONS AND PROCEDURES

ARTICLE I -- GENERAL PROVISIONS

Section 1 No lot, parcel, or tract of land located within the unincorporated area of LafayetteCounty may be subdivided or divided without a plat being approved by the County Commissionand recorded by the Recorder of Deeds. However, no plat shall be required for subdivisions rdivisions located wholly within the Agricultural District (District A), but such subdivisions ordivision will be required to comply with the provisions of Article IX, Sections 1 of this Title.Subdivisions or divisions located wholly within the Agricultural District (District A) whichrequire a variance or exception will be required to comply with the provisions of Article IX,Section 2 of this Title with all other subdivisions or divisions located wholly within theAgricultural District (District A) being encouraged to comply with the provisions of Article IX,Section 2 of this Title. No lots shall be sold within any subdivision prior to all necessaryimprovements -- such as streets, water, and sewer when applicable -- having been completed to adegree that would allow such lots to be used for their intended purpose.

Section 2 All proposed plats shall be reviewed by the Planning and Zoning and CountyCommission to determine if the proposed plat makes the best use of land. In determiningwhether a plat makes the best use of the land, both Commissions shall consider:

.1 Whether the proposed lots can be safely used for building purposes withoutdanger to health or peril from fire, flood, or other menace;

.2 Whether the proposed lots conform with the zoning regulations for the district inwhich the land is found;

.3 Whether the proposed plat makes provision for drainage, water, sewers, andcapital improvements such as school, parks, recreation facilities, transportationfacilities, roads, and other improvements;

.4 Whether the design of the plat is consistent with potential future subdivision ofthe lots located within the plat and neighboring property; and

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.5 Whether subdivision of the land is consistent with the orderly development andgrowth of the County pursuant to the Comprehensive Plan.

ARTICLE II -- ROAD REQUIREMENTS

Section 1 Any roads built in subdivisions shall conform with the County’s road plans and the requirements of this Article. All roads built in residential subdivisions shall be built tocurrent county standards. The Planning and Zoning Commission may require that proposedroads be county roads. To the extent that a proposed subdivision places a burden on existingcounty roads in close proximity to the subdivision, the Planning and Zoning Commission mayrequire an applicant to contribute a reasonable amount, up to and including the full amount whereappropriate, of the expense needed to upgrade such existing county roads.

Section 2 Generally, permanent cul-de-sacs are not permitted except in conservationsubdivisions. However, permanent cul-de-sacs may be permitted elsewhere only if topography orother conditions of the land justify their use. The burden shall be on the applicant to presentdocumented support for a claim that permanent cul-de- sacs are necessary. Temporary cul-de-sacs may be built on roads proposed as collector or arterial roads as long as the right of way toextend the road has been dedicated in any plat. The roadbed of the turn around of any cul-de-sacshall have a diameter of not less than one hundred twenty (120) feet, and the right-of-way of theturnaround of any cul-de-sac shall have a diameter of not less than one hundred fifty (150) feet.

Section 3 The Planning and Zoning Commission can require residential subdivisions tocontain at least one road proposed as a collector or arterial road. The dedicated right-of-way forthat road shall extend to the property line of the proposed subdivision.

Section 4 Right of Ways

.1 All right of way dedicated for public use shall be described by center line, course,and bearing. The description shall be accompanied by a plat showing all land ties.

.2 The minimum right of way width shall be 60 feet, except that the minimum rightof way for all roads designated as potential collector roads shall be 80 feet and theminimum right of way for all roads designated as potential arterial roads shall be100 feet.

.3 Additional right of way may be required at creeks, ravines, or cuts and fill areaswhere the back slopes run beyond the minimum of this section.

.4 All roads must connect to an existing road or to a road proposed in the plat.Roads ending in a cul-de-sac shall not exceed 2400 feet in length.

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Section 5 Roadbed Width

.1 All county roads shall have a minimum of two traffic lanes, except for arterialroads which shall have a minimum of four traffic lanes.

.2 The minimum width of traffic lanes on county roads shall be ten feet on localroads, eleven feet on collector roads, and twelve feet on arterial roads.

.3 The minimum roadbed width on county roads shall be twenty-eight feet on localroads, thirty-six feet on collector roads, and sixty-two feet on arterial roads.

.4 In all other respects, the design and construction of the roadbed shall comply withthe current standards of the Kansas City Chapter of the American Public WorksAssociation, which are incorporated by reference.

Section 6 Intersections

.1 No more than two roads shall intersect at one (1) point.

.2 Roads shall intersect at right angles, except when topography dictates, and in nocase shall the angle of the intersection be less than sixty degrees.

.3 Two roads meeting a third road from opposite sides shall meet at the same point,or their centerlines shall be off-set by at least one hundred fifty (150) feet.

.4 Except when topography requires it, local roads intersecting with arterials orhighways should be avoided.

.5 Intersections shall be designed with a flat grade whenever practical. In hilly orrolling areas, at the approach to an intersection, a leveling area shall be providedhaving no greater than a three (3%) rate at a distance of forty (40) feet, measuredfrom the nearest right-of-way line of the intersecting road.

Section 7 Design -- All new roads shall be designed to meet the current standards of theKansas City Chapter of the American Public Works Association, which are incorporated byreference.

Section 8 Drainage

.1 All local roads shall have drainage structures accommodating a 25-year storm.

.2 All collector roads and arterials shall have drainage structures accommodating a50-year storm.

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.3 All drainage structures in a 100-year flood plain shall be designed toaccommodate a 100-year storm.

.4 All drainage structures shall be designed and constructed in accordance with thecurrent standards of the Kansas City Chapter of the American Public WorksAssociation, which are incorporated by reference.

Section 9 Surfacing

.1 At a minimum, all county roads shall be chipped and sealed.

.2 The surfacing of all county roads shall comply with the requirements of thecurrent standards of the Kansas City Chapter of American Public WorksAssociation, which are incorporated by reference.

Section 10 Acceptance of County Roads

.1 No part of a road in a subdivision will be accepted by the County until that part ofthe road in front of all lots, tracts, or divisions of land within the subdivision iscomplete to current county standards and the current standards of the Kansas CityChapter of American Public Works Association, which are incorporated byreference.

.2 All laws of the State of Missouri must be complied with and the necessary lettersof certifications of approval shall be made available to the County Commission ifrequested by the County Commission

.3 All descriptions of land surveys required by this Article shall be certified by aregistered land surveyor licensed to practice in the State of Missouri. All designcriteria shall be certified by a registered engineer licensed to practice in the Stateof Missouri.

.4 Before commencing construction of roads in residential subdivisions, theapplicant/developer shall present detailed plans to the County Commission.

.5 The County Commission shall be notified prior to construction in order to allowsuch inspection of work and material as the Commission may require.

.6 The applicant shall provide financial assurance by escrow account or securitybond with the County Treasurer in an amount sufficient to insure total completionof the roads to County standards. This amount shall be released when a licensedengineer submits a certificate stating that the road has been completed to County

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standards and the applicant has posted financial assurance in an amount equal to25% of the total cost of construction -- by escrow account or security bond -- inorder to assure maintenance of said road.

.7 Ten (10) months following preliminary acceptance and completion of the road, aninspection and a list of deficiencies will be supplied to the applicant.

.8 The applicant may request release of the funds after a period of three years fromthe date of completion and preliminary acceptance, if the development project hasreached a minimum of 60% of completion. If the project has not reach said 60%completion rate, then the funds shall be retained until the required 60%completion of the development has occurred. Prior to the release of any fundsanother inspection shall be conducted and a list of deficiencies supplied to theapplicant.

.9 Deficiencies not repaired at least ten (10) days prior to the expiration date of thefinancial assurance will be itemized and presented to the applicant and shall bededucted from the escrow account prior to its release to the applicant. The Countymay then release said remaining funds and officially accept said road as a part ofthe County road system.

Section 11 Construction and Completion of Private Roads -- The Planning and ZoningCommission and the County Commission may allow a developer to construct private roadswhich meet all standards required of county roads in a subdivision under exceptionalcircumstances. In addition, the developer must comply with the following requirements:

.1 All laws of the State of Missouri must be complied with and the necessary lettersof certifications of approval shall be made available to the County Commission ifrequested by the County Commission

.2 All descriptions of land surveys required by this Article shall be certified by aregistered land surveyor licensed to practice in the State of Missouri. All designcriteria shall be certified by a registered engineer licensed to practice in the Stateof Missouri.

.3 Before commencing construction of roads in residential subdivisions, theapplicant/developer shall present detailed plans to the County Commission.

.4 The County Commission shall be notified prior to construction in order to allowsuch inspection of work and material as the Commission may require.

.5 The applicant shall provide financial assurance by escrow account or securitybond with the County Treasurer in an amount sufficient to insure total completion

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of the roads to County standards. This amount shall be released when a licensedengineer submits a certificate stating that the road has been completed to Countystandards.

.6 Upon completion of the roads, ownership of the roads shall be transferred to aproperty owners association, or to a similar organization, which shall beresponsible for maintaining the roads.

Section 12 All roads shall have unique names approved by the County so as to avoidconfusion with existing roads. However, roads that are in alignment with existing roads shallbear the same name as the existing road.

ARTICLE III -- SEWERS

Section 1 Proper provision shall be made for the disposal of sanitary waste in a mannerapproved by the Department of Natural Resources of the State of Missouri. The developer isresponsible for obtaining all required permits from the Department of Natural Resources.

Section 2 When permitted by state laws and regulations, on-site sewers constructed inaccordance with the laws of the state of Missouri and ordinances of Lafayette County shall bepermitted in new subdivisions in districts A, RA, RE, R, and commercial and industrial districts.In all other districts, a centralized sewer system -- either public or private -- serving all lots in thesubdivision shall be required.

Section 3 For all on-site sewerage systems, under no circumstances will sewage effluent bepermitted to exit the property boundary of the source of generation. The property owner will beresponsible for retaining said effluent on site.

ARTICLE IV -- OTHER UTILITIES

Section 1 All lots shall contain an easement for the placement of water, sewer, power, orphone lines, or other similar utilities, or for surface drainage. The location and size of theeasement shall be determined by the utility company. However, all such easements shall beconnected with established easements in adjoining property.

Section 2 All water supply systems shall meet the requirements of the Missouri Departmentof Health as to quality, quantity, and pressure. Water distribution lines shall be governed by theappropriate water supply district or utility company.

Section 3 Gas, electricity, telephone, and cable TV should be placed underground inaccordance with Public Service Commission Rules. The subdivider shall make arrangements forinstallation with the private utility providing the service, with financial arrangements to be made

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according to the appropriate rules and rates. Electric transmission and distribution lines of 138KV or greater shall be exempt from the underground requirement.

ARTICLE V -- DEDICATION OF LAND

Section 1 All developers are encouraged to dedicate land for park, recreation, or otherfacilities. The Planning and Zoning Commission may, as a condition of approval of plats,require the dedication or reservation for future dedication of such land.

Section 2 In residential subdivisions in which the Planning and Zoning Commission doesnot require the dedication of land, the County Commission may impose a reasonable fee to be setaside for the purpose of acquiring land for facilities serving residents of that subdivision. If sucha fee is imposed, said fee shall be held in trust by the County Treasurer until such time as theCounty Commission reaches an agreement with an appropriate political subdivision or with anappropriate homeowners’ association regarding a plan to acquire land for such facilities.

ARTICLE VI -- ALLEYS, GRADING, AND DRAINAGE

Section 1 Alleys shall be provided in commercial and industrial districts unless definite andadequate provisions are made in the plat for access to off-street loading areas and off-streetparking areas. Alleys shall have a minimum width of twenty-five feet. In the case of intersectingalleys, a cut-off shall be required of at least five feet measured from the point of intersection ofthe alley lines.

Section 2 The subdivider shall provide suitable drainage facilities for surface run-off. Thesefacilities shall be located in easements of appropriate width in accordance with Countyregulations and are subject to the approval of the Planning and Zoning Commission. Eachculvert or other drainage facility shall be large enough to accommodate potential run-off fromupstream drainage areas. Drainage systems shall not discharge into any sanitary sewer facilitiesand shall meet the minimum standards of federal and state Clean Water Acts and regulationsadopted pursuant to such acts.

Section 3 The grading and drainage system shall be designed and certified by a registeredengineer.

ARTICLE VII -- LOTS

Section 1 All lots shall be designed to provide a satisfactory and desirable building site andshall abut on a street and a utility easement. The size of the lot shall conform to the minimumrequirements for the type of zoning district in which the lot is located.

Section 2 All side lot lines shall run perpendicular to a straight street or the tangent of acurved street when possible.

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Section 3 Corner lots in residential districts shall be of sufficient size to observe the samesetback on both streets.

Section 4 When possible, principal frontage should be located on local roads. Principalfrontage upon a state-maintained road should be avoided when possible.

Section 5 Lots shall be grouped in blocks composed of one or more lot. In residentialdistricts, blocks shall not exceed one thousand three hundred twenty (1,320) feet, unlesstopography or other conditions justify a departure. In districts B-0 and B-1, blocks shall notexceed six hundred (600) feet, unless topography or other conditions justify a departure. Indistrict B-2, no block with multiple lots shall exceed six hundred (600) feet, unless topography orother conditions justify a departure. In blocks longer than eight hundred feet, pedestrian waysand/or easements through the block may be required near the center of the block.

ARTICLE VIII -- OTHER IMPROVEMENTS

Section 1 Survey Monuments

.1 Monuments are required in all subdivisions. Monuments shall be set permanentlyat the intersection of all lines forming angles in the boundaries of the subdivisionsand at the intersection of road lines.

.2 Markers shall comply with all state regulations.

.3 Any monuments or markers that are removed shall be replaced by a surveyor atthe expense of the individual removing them.

Section 2 The Planning and Zoning Commission may require the construction of concretesidewalks in subdivisions having more than five (5) lots to the acre. Sidewalks shall be four feetwide with four inches of concrete. Sidewalks shall be reinforced with wire mesh at drivewaycrossings.

Section 3 The developer shall install road name signs at all intersections.

Section 4 Numbered house markers are required at all driveway entrances. Such housemarkers shall be clearly visible at all times including nighttime.

Section 5 The developer shall seed and plant in an appropriate manner to reduce erosion alllandscaped strips, parkways, buffer screened areas, and open drainage areas dedicated to thepublic.

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ARTICLE IX -- APPLICATION PROCEDURES

Section 1. Preliminary Concept Plan Required -- For all subdivisions (excludingsubdivisions in Zoning District A covered by Section 2 of this Article and property rezoned priorto January 1, 2006, for which no Preliminary Concept Plan is required under Title I, Article I,Section 1 of this Part), no application for approval of a Preliminary Plat shall be filed prior to theapproval of a Preliminary Concept Plan by the Planning and Zoning Commission. Anapplication for approval of a Preliminary Plat may only be filed during the eighteen-month periodfollowing the approval of the Preliminary Concept Plan unless the Preliminary Concept Planproposes developing the project in phases and the application is consistent with the approvedphasing plan. For a phased development, only the first phase needs to be filed in that firsteighteen-month period.

Section 2 For all subdivisions or divisions within the Agricultural District (District A), thesubdivider or divider should submit to the Planning and Zoning Administrator, an original andthree copies of a signed statement containing the legal description of all lots within thesubdivision. For all subdivisions within the Agricultural District (District A) for which anexception or variance to the minimum lot size requirements (25 acres) for that district is beingsought, the original and three copies of a map of a survey of the subdivision and the original andthree copies a signed statement containing the legal description of all lots within the subdivisionshall be submitted. If the Planning and Zoning Administrator finds that the proposed subdivisionmeets the requirements for subdivisions within the Agricultural District or the Board of ZoningAdjustment grants an exception or variance to the applicant, the Planning and ZoningAdministrator shall complete a waiver of plat and make three copies thereof. The original andtwo copies of the waiver of plat, the signed statement containing the legal description of the lots,and any survey required shall be returned to the applicant with the Planning and ZoningAdministrator keeping one copy. Upon receipt of the waiver of plat, the applicant shall cause theoriginal and one copy of the waiver of plat, the signed statement, and any survey required to berecorded in the Office of the Recorder of Deeds of Lafayette County. If the Planning and ZoningAdministrator finds that the proposed subdivision does not meet the requirements forsubdivisions within the Agricultural District, the Planning and Zoning Administrator shall returnthe original and two copies of the signed statement to the applicant along with a letter settingforth the reasons for rejecting the proposed subdivision and notifying the applicant of their rightto appeal the decision to the Board of Zoning Adjustment or seek a variance from the Board ofZoning Adjustment.

Section 3 Compliance with Preliminary Concept Plan Required -- For all subdivision forwhich the approval of the County Commission is required, the subdivider shall file a preliminaryplat with the Planning and Zoning Commission which is in substantial compliance with thepreliminary concept plan (if applicable) and with the provisions of this section and therequirements of Title III of this Part:

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.1 The subdivider shall prepare and submit a minimum of six (6) copies of apreliminary plat.

.2 The preliminary plat shall be accompanied by a fee established by the CountyCommission.

Section 4 Upon receipt of the preliminary plat,

.1 The Administrator shall cause said plat to be advertised as an agenda item in acounty newspaper;

.2 The Administrator shall review the plat to determine whether it is in compliancewith all applicable provisions of these Regulations.

.3 The Administrator shall forward a copy of the preliminary plat to the CountyHealth Department, the appropriate Water District, the appropriate Road District,and the Missouri Department of Transportation (or successor agencies). TheAdministrator may forward a copy of the preliminary plat to other politicalsubdivisions (e.g. school districts, municipalities) as deemed appropriate.

Section 5 At the first business meeting of the Planning and Zoning Commission more thanthirty-five days after the receipt of the preliminary plat, the Planning and Zoning Commissionshall review the preliminary plat. At the discretion of the Planning and Zoning Commission, apreliminary plat may be considered at an earlier date if all comments have been received backfrom the relevant utilities, road districts, Lafayette County Health Department, MissouriDepartment of Natural Resources, and Missouri Department of Transportation, if applicable. Nopreliminary plat shall be considered, however, until the application is complete and includes allapplicable information required in Title III, Article I of this Part. If the proposed plat makes thebest use of the land covered by the plat, the plat shall be approved. If not the proposed plat shallbe disapproved. The decision of the Planning and Zoning Commission shall be forwarded inwriting to the subdivider within ten (10) days of the decision of the Planning and ZoningCommission.

.1 If the plat is disapproved, the notice shall include the reason for such action andany changes necessary to gain the approval of the Planning and ZoningCommission for the plat.

.2 If the preliminary plat is approved, the applicant may proceed with the submissionof a final plat. The final plat must be in substantial compliance with thepreliminary concept plan (if applicable) and with the preliminary plat. The finalplat must be submitted within one (1) year of the approval of the preliminary platunless an extension is granted by the Planning and Zoning Commission. If a finalplat is not submitted within that time, the preliminary plat must be re-submitted.

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Approval of the preliminary plat does not constitute final acceptance of thesubdivision.

.3 If infrastructure improvements are required as part of the Preliminary Plat, prior tosubmission of the Final Plat, the applicant must first obtain approval from theCounty Commission as to the form and amount of bond required to guarantee theconstruction of such improvements.

Section 6 For final approval, the subdivider shall file an original and twelve (12) copies of afinal plat with the Planning and Zoning Administrator. In addition, the subdivider shall post aperformance bond in a form and amount approved by the County Commission which is sufficientto assure completion of all proposed improvements. Furthermore, if requested by the Planningand Zoning Commission, an overlay shall be included showing how the subdivision could beresubdivided into smaller lots by future owners. This plat shall be reviewed at the first businessmeeting of the Planning and Zoning Commission more than ten (10) days after the submission ofthe plats and performance bond and approval of the bond by the County Commission. If no bondis required, at the discretion of the Planning and Zoning Commission, a final plat may beconsidered at an earlier date. No final plat shall be considered, however, until the application iscomplete and includes all applicable information required in Title III, Article II of this Part.

Section 7 Unless an extension is granted by the subdivider, a final decision on the plat shallbe made by the Planning and Zoning Commission within thirty days of the review of the finalplat. If no decision is made within that time period, the final plat shall be deemed approved bythe Planning and Zoning Commission. If approved, the original and two copies of the plat shallbe signed by the Chairperson and Secretary of the Planning and Zoning Commission andforwarded to the County Commission. Along with the approved plat, the Planning and ZoningAdministrator shall forward the performance bond and a letter stating that the plats have beenapproved.

Section 8 Unless an extension is granted by the subdivider, within thirty days of its receiptfrom the Planning and Zoning Commission, the final plat shall be reviewed by the CountyCommission. If no decision is made within that time period, the final plat shall be deemedapproved. If the County Commission approves the final plat, the bond shall be filed with theCounty Clerk, and the Presiding Commissioner shall sign the original and two copies which wereforwarded by the Planning and Zoning Commission. Those copies shall be returned to thePlanning and Zoning Administrator who shall forward them to the subdivider. The subdividershall cause the original and one of the two signed copies to be recorded in the Office of theRecorder of Deeds of Lafayette County. Until the plat is properly recorded, the plat shall not bein full force and effect and no lots may be sold.

Section 9 Upon receiving confirmation that the plat has been properly recorded from thesubdivider, the Planning and Zoning Administrator shall distribute the remaining copies of theplat as follows:

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(i) To the County Assessor, 1 copy(ii) To each utility serving the subdivision, 1 copy(iii) To the road district serving the subdivision, 1 copy(iv) To the school district serving the subdivision, 1 copy(v) To the Planning and Zoning Office, 1 copy.

The Planning and Zoning Administrator shall keep the overlay which accompanied the final platas part of the records of the Planning and Zoning Commission.

Section 10 After the plat has been duly recorded, the subdivider is authorized to proceed withthe installation and construction of required improvements, subject to the acquisition of allrequired permits.

Section 11 The County shall return the performance bond -- excluding any portion which issubject to the requirements of Article II of this Title -- to the subdivider upon certification by thePlanning and Zoning Administrator that the installation and construction of all requiredimprovements has been completed to the satisfaction of the Administrator. Unless waived inwriting by the Planning and Zoning Administrator, the subdivider shall file plans, profiles, andcross-sections of the required improvements as they have been built. Nothing in this sectionshall be deemed to affect the provisions relating to performance bonds for roads as set forth inArticle II of this Title.

TITLE III -- PLAT CONTENT

ARTICLE I -- PRELIMINARY PLATS

Section 1 All preliminary plats shall be drawn to scale on a sheet size acceptable to theAdministrator. The drawing shall be based on a survey conducted by a registered surveyor whoshall certify that the plat meets Missouri minimum requirements for surveys. A scale of one inchequals 100 feet or larger is preferred.

Section 2 The preliminary plat shall be clearly marked “Preliminary Plat” and shall include the name of the proposed subdivision and, if different, the title under which the plat is to berecorded.

Section 3 The plat shall include the name and address of the owner and the name, address,and profession of the person preparing the plat. The plat shall also include the date on which itwas prepared and the date of the survey on which the plat is based.

Section 4 The subdivider shall attach to the plat a legal description of the land being plattedand a copy of the title policy, verifying current title, easements, lines, etc, or a certificate forrelease of mortgage by all parties having any title interest in the land consenting to thepreparation of the plat, and a certificate that all taxes against the property have been paid in full.

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Section 5 The plat shall include a key map showing the location of the proposed subdivisionin relation to surrounding developments. The subdivider shall attach to the plat the names andlocation of adjacent subdivisions, the location of adjoining parcels of unplatted land, alldevelopment within three hundred (300) feet of the proposed plat, and the name of all recordowners with such subdivisions, developments, and unplatted land.

Section 6 The subdivider shall attach to the plat the zoning classification of all land withinthe plat, the proposed use of the area being platted, and any restrictions or covenants proposed tobe included in the owner’s declaration of plat.

Section 7 The subdivider shall attach to the plat a written and signed statement explaininghow and when the subdivider proposes to provide and install all required sewers or other systemsfor the disposal of sanitary wastes, pavement, and drainage structures.

Section 8 The subdivider shall attach to the plat written and signed approval from theDepartment of Natural Resources stating their approval of the type of sewer system to be used ortheir recommendations.

Section 9 The subdivider shall also attach written statements from the utilities which wouldbe providing gas, electricity, and water to the subdivision of the availability of those utilities.

Section 10 The plat shall include a graphic scale, north point, the boundary line (based on asurvey accurately drawn to scale verifying corner pins in place, the dimensions and location ofthe property to be platted, the location of section or quarter section lines, and the location anddescription of all section corners and permanent survey monuments in or near the plat, whichshall be referred with the plat boundary dimensioned in feet to the nearest 1/100th of a foot.

Section 11 The plat shall show contours with intervals of not more than five feet (which maybe interpolated from U.S.G.S. topographical datum), the 100-year high water line, and thelocation and width of all drainageways; and any flood plain.

Section 12 The plat shall show the location of existing property lines, streets, alleys, bridges,culverts, easements, public property, buildings, utilities (pipe sizes, manholes, grades, etc.), watercourses, tree masses, ground covers, lakes, and other existing features or public facilities withinor adjacent to the proposed subdivision. The plat shall also show how proposed improvementswithin the subdivision relate to these existing improvements.

Section 13 The plat shall show the layout, number, and approximate dimensions of proposedlots including existing and proposed building lines and easements.

Section 14 The plat shall show the location, width and dimensions of all existing andproposed streets (including names for the proposed streets), alleys, pedestrian ways, and grounds

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proposed to be dedicated for parks, schools, or any other public or semi-public uses, includingany right-of-ways reserved for possible future dedication.

ARTICLE II -- FINAL PLAT CONTENT

Section 1 The final plat shall be drawn in ink on mylar or equivalent reproducible materialto a scale no smaller than one inch equals 100 feet (1"=100') from an accurate survey on a sheetwhose overall dimensions are twenty-four inches by thirty-six inches or as approved by theAdministrator. The plat shall include the location of all survey monuments and benchmarkstogether with their description. All survey data must be certified by a registered surveyor that theplat meets Missouri minimum requirements for survey and referenced to sections or fractionalsection corners or survey corners and showing in dotted lines, the lines of immediate adjacentstreets and alleys with their widths and names.

Section 2 The final plat shall include the correct legal description of the property beingsubdivided, the name of the subdivision, the name of the owner(s) and/or subdividers, the datethat the plat was drawn, the date of the survey on which the plat is based, the scale of the plat,and a north arrow.

Section 3 The final plat shall include all private restrictions, covenants, and trusteeships. Ifthe restrictions, covenants, and trusteeships are of such length as to make their inclusion on theplat impracticable, a separate instrument shall be prepared and referred to on the plat.

Section 4 The final plat shall include the boundary lines of the area being subdivided withaccurate distances and angles.

Section 5 The final plat shall include all proposed highways, streets, and alleys with thefollowing information: a) their names, b) their lines and widths, c) grades and change in grades,d) the radii, arcs, cords, points of tangency, and central angles for all curvilinear streets and radiifor rounded corners; and e) the lines of departure of one street from another. The final plat shallalso include all right-of-ways reserved for possible future dedication.

Section 6 The final plat shall include the lines of all adjoining property and the lines of theadjoining highways, streets, and alleys with their width and their names.

Section 7 All lots shall be designated on the final plat by number or letter. All streets,avenues, and other grounds shall be designated on the final plat by name, number, or letter.

Section 8 The final plat shall note the location and widths of building lines of front yards,the location and widths of utility easements for possible future construction, and the location andwidth of easements for drainage purposes.

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Section 9 The final plat shall include the accurate outline and boundaries of all lots andproperties including any portion of the subdivision intended to be dedicated or granted to publicuse. The final plat shall include all dimensions, both angular and linear, necessary for locatingthe boundaries of the subdivision, lots, streets, alleys, easements, and any other areas for publicor private use, including any flood plain. Linear dimensions are to be given to the nearesthundredth of a foot. Angular dimensions are to be given to the nearest hundredth of a degree.

Section 10 The final plat shall include an acknowledgment by the owner of the plat andrestrictions including the dedication to public use of all streets, alleys, parks, or other open spacesshown thereon and the granting of easements required.

Section 11 The subdivider shall include on the final plat the following certificates:

.1 A signed and notarized acknowledgment of ownership by the owner(s) to theeffect that all previous taxes have been paid and that all highways, streets, alleys,and public grounds shown on the plat are dedicated to public use;

.2 A signed statement by a licensed land surveyor certifying that he/she hasaccurately surveyed such subdivision and the correct location of all monumentsshown, and that all lots, blocks, highways, streets, avenues, alleys, public waysand grounds, and other grounds are well and accurately staked off and marked;

.3 A certificate to be witnessed by the Chair and Secretary of the Planning andZoning Commission noting the Planning and Zoning Commission’s approval of the final plat;

.4 A certificate to be witnessed by the Presiding Commissioner and the County Clerknoting the County Commission’s approval of the final plat;

.5 A certificate to be witnessed by the Office of the Recorder of Deeds noting theday, month, year, time, book, and page that the plat was recorded.

TITLE IV -- PLANNED GROUP DEVELOPMENTS

ARTICLE I -- PURPOSE AND DEVELOPMENT CRITERIA

Section 1 The “Planned Group Development” is an overlay set of requirements ratherthan azoning category. As such, it is applied to a specific tract of land rather than to an entire district.Typically, the planned group development is subject to many of the restrictions of the currentzoning category. However, as part of the application for a Planned Group Development, theapplicant may request a permanent change in zoning for that tract to another zoning category orthat the Planning and Zoning Commission grant a change in zoning conditioned on compliancewith the proposed Planned Group Development.

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Section 2 The Planned Group Development is established to serve the following purposes:

.1 To provide for the broadening demand for housing all types, sizes, and designsand to provide necessary commercial facilities conveniently located to suchhousing;

.2 To encourage innovation in residential, non-residential, commercial, andindustrial development and in conservation and/or renewal of existing areas sothat demands of the community may be met by a greater variety in type, design,and layout of buildings, conservation and more efficient use of open spaceancillary to said buildings;

.3 To provide greater opportunities for better housing, recreation, and shopsconveniently located to each other;

.4 To encourage a more efficient use of land and public or private services; and

.5 To insure preservation of property values within established areas.

Section 3 The following criteria shall govern consideration of the plan and eligibility forapproval:

.1 All applications shall cover contiguous tract(s) of land covering a total of five ormore acres;

.2 All proposed plans shall be consistent with the Comprehensive Plan and with theregulations set forth in this Article and/or other Regulations covering PlannedGroup Development adopted by the Planning and Zoning Commission andapproved by the County Commission.

ARTICLE II -- PRELIMINARY PLAN

Section 1 The application shall be completed on a form established by the Planning andZoning Administrator. At the time of filing, the applicant shall pay a fee in an amountestablished by the County Commission.

Section 2 At the time of filing, the applicant shall submit an original and ten (10) copies of apreliminary plan for the proposed development. This preliminary plan shall show thedevelopment tract and abutting property lying within three hundred feet of the proposeddevelopment drawn to a scale of not less than 100 feet to the inch.

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.1 The preliminary plan shall include the name of the proposed development (whichshould also be the name of the proposed subdivision), a legal description of theproperty, names and addresses of the developer, surveyor, and any other personinvolved in the development, the date of the survey on which the plan is based,and the date of preparation of the plan.

.2 The preliminary plan shall include the north point and scale and shall show theexisting conditions in the plan, including all utilities, bridges, streets, alleys,drives, and existing structures. The plan shall also show existing grades andcontours (along with any proposed changes) with contour intervals not to exceedfive feet and all existing water courses, wooded areas, lakes, ravines, and otherrelevant features.

.3 The preliminary plan shall show the location of all proposed buildings, streets,parking facilities, signs, landscaped buffer strips, fences, screens, open places, andother facilities applicable to the nature of the development. All buildings and usesshall be clearly labeled as to proposed use.

Section 3 The preliminary plan shall be accompanied by a written text describing theproposed uses and buildings.

Section 5 Notice shall be given by publication in an appropriate newspaper at least fifteendays before the public hearing on the proposed planned group development. If the proposalrequires rezoning, all applicable notice requirements for rezoning shall be followed as well.Within forty-five days of the public hearing, the Planning and Zoning Commission shall approveor disapprove the preliminary plan. If no decision is made within that time period, thepreliminary plan shall be deemed approved unless the applicant agrees to extend that time period.In approving the preliminary plan, the Planning and Zoning Commission may add additionalrestrictions or conditions where deemed reasonable or necessary. In considering the plan, thePlanning and Zoning Commission shall determine whether the lots on the current plat for thedevelopment correspond to the proposed development. If no replatting is necessary under theapproved plan, the Planning and Zoning Commission shall in its determination expressly statethat no new plat shall be required.

ARTICLE III -- FINAL PLAN

Section 1 If the preliminary plan is approved, the applicant may then submit a final plan thatconforms with all additional requirements made by the Planning and Zoning Commission inapproving the preliminary plan. Unless the Planning and Zoning Commission in its approval ofthe preliminary plan expressly stated that no new plat was required, the final plan shall beaccompanied by a final plat for the proposed development, which shall comply with allregulations governing subdivisions in this Part.

114

Section 2 In addition to the requirements for the preliminary plan, the following additionalrequirements shall apply to the final plan:

.1 The final plan shall be prepared on mylar and shall include space for the date andsignature of the following, certifying approval -- the owners and developers of thesubject property; the Chair and Secretary of the Planning and ZoningCommission, and the Presiding Commissioner and County Clerk;

.2 Along with the final plan, the applicant shall submit a written narrative describingthe proposed uses and buildings and a written guarantee for starting andcompleting the development within a specified time.

Section 3 Review and approval of the final plan (and the final plat if necessary) shallconform to the Rules governing approval of a final plat. If rezoning is required, the hearing onthe rezoning shall be conducted as part of the hearing on the preliminary plan but a decision onapproving or denying the rezoning shall be done at the same time as the Planning and ZoningCommission and County Commission decide on the final plan.

PART IV -- PERMITTED USES

TITLE I -- RULES FOR INTERPRETING USE CHARTS

Section 1 The Uses in these charts are categorized based on the Standard Land Use CodingManual issued by the United States Department of Commerce in 1965, a copy of which ismaintained by the Planning and Zoning Office and the County Clerk. The codes established bythe Department of Commerce are included on these charts as an Arabic numeral. These codesare based on type and intensity of use with similar type of activities having similar codes. Wherea use in this chart is not found in the Standard Land Use Coding Manual, a code number has beenestablished based on the principles contained in that Manual.

Section 2 All uses listed in these charts shall be deemed to include all subcategories of thatuse listed in the Standard Land Use Coding Manual, except for any subcategory which isindividually listed in the chart.

Section 3 For uses not listed in these charts but which are contained in the Standard LandUse Coding Manual (except for those uses deemed included in the listed use under Section 2),the Planning and Zoning Administrator shall, when necessary, determine in which zones a use ispermitted and the degree to which a use is permitted (i.e. principal use, conditional use permit,accessory use) based on how the use chart treats uses with similar code numbers to the unlisteduse.

Section 4 For uses not listed in this chart which are not contained in the Standard Land UseCoding Manual, the Planning and Zoning Administrator shall, when necessary, determine in

115

which zoning districts a use is permitted and the degree to which a use is permitted based on howthe use chart treats uses which the Planning and Zoning Administrator determines are similar tothe unlisted use.

Section 5 Any individual aggrieved by a determination of the Planning and ZoningAdministrator under Sections 3 and 4 of this Title may appeal that determination to the Board ofZoning Adjustment as provided in Part I, Title I, Article IV, Section 2.

Section 6 The Planning and Zoning Administrator shall maintain a list of all final decisionsmade under Sections 3 and 4 of this Title which shall govern the uses contained on that list as ifformally included on these use charts.

Section 7 For all uses which are permitted in certain zoning districts only as a conditionaluse, these charts contain a Roman Numeral which establishes the group of that conditional usefor the purposes of determining the requirements for that conditional use under Part I, Title II,Article I of this Ordinance.

Section 8 Except when a use qualifies as a home occupation or a farm oriented homeoccupation, a use is only permitted in those districts and in the manner set forth in Title II andTitle III of this part, subject to the above rules of interpretation. Farm oriented home occupationsare permissible in the agricultural and residential agriculture districts as a Group I ConditionalUse.

TITLE II -- TABLE OF PERMITTED USES BY USE

Section 1 The following abbreviations are used in this table:

PR -- Use is permitted as a primary use without a conditional use permitCU -- Use is permitted as a primary use, but conditional use permit requiredA -- Use is permitted as an accessory use without a conditional use permitCA -- Use is permitted as an accessory use, but conditional use permit requiredPG -- Use is permitted only as part of a planned group development

The zoning districts are abbreviated respectively as A, RA, RE, R, R-1, R-2, R-3, B-0, B-1, B-2.M-1, and M-2.

Section 2 Uses are permitted as follows:

Use Code A RA RE R R-1 R-2 R-3 B-0 B-1 B-2 M-1 M-2 CU Group

RESIDENTIAL

Dwelling, Single FamilyDetached

1111 PR PR PR PR PR PR PR

116


Dwelling, Single FamilyAttached

1113 PR PR

Dwelling, Single FamilyDetached, Zero Lot Line

1114 PG PG PG PG

Dwelling, Two Family 1120 PR PR

Dwelling, Multi-Family 1130 PG PG PR PR A A

Mobile Home 1151 PRA

A CU III

Caretaker & Guest Cottages 1153 A A A

Caretaker Dwelling 1154 PR

GROUP QUARTERS

Boarding and RoomingHouses

1210 CU PR PR PR PR III

Fraternity & SororityHouses

1221 PR PR

Dormitories, College 1232 A A A A A A A A

Orphanages 1242 CU PR III

Monasteries & Convents 1252 CU PR III

Mobile Home Parks 1400 CU III

Motels, Hotels, & TouristCourts

1510 PR PR

MANUFACTURING --FOOD PRODUCTS

Meat Products–Manufacturing

2110 CU IV

Dairy Products–Manufacturing

2120 PR

Canning & Preserving offruits, vegetables, &seafoods -- Manufacturing

2130 PR

Grain Mill Products–Manufacturing

2140 PR

Bakery Products–Manufacturing

2150 PR PR

117


Sugar Refining–Manufacturing

2160 PR

Candy & OtherConfectionery Products–Manufacturing

2171 PR PR PR

Beverage Manufacturing–Nonalcoholic

2180 PR PR

Beverage Manufacturing–Alcoholic

2180 PR PR

Oil Milling 2190 PR

Animal & Marine Fats &oils, rendering–Manufacturing

2194 CU IV

Coffee Roasting & CoffeeProducts -- Manufacturing

2195 PR PR

Shortening, Table Oils,Margarine, & other ediblefats & oils–Manufacturing

2196 CU IV

Ice -- Manufacturing 2197 PR PR

Noodles, Macaroni,Spaghetti, & Vermicelli–Manufacturing

2198 PR

MANUFACTURING --TEXTILE PRODUCTS

Cotton, Manmade Fibers,Silk, & Wool -- Weaving &Manufacturing

2210 PR

Knit Goods–Manufacturing

2220 PR PR

Dyeing & Finishing ofTextiles

2230 PR

Carpet & Rug–Manufacturing

2240 PR

Yarns & Threads–Manufacturing

2250 PR PR

Other Textile Goods–Manufacturing

2290 PR

118


MANUFACTURING –APPAREL

Hats, Caps, & Millinery --Manufacturing

2350 PR PR

Leather Tanning &Products -- Manufacturing

2361 PR

Shoe -- Manufacturing 2364 PR

Leather Gloves & Mittens 2365 PR

Luggage -- Manufacturing 2366 PR

Handbags & OtherPersonal Leather Goods --Manufacturing

2367 PR

Fur Goods --Manufacturing

2370 PR

Apparel & Accessories --Manufacturing

2380 PR PR

Textile Goods -- Fabricated 2390 PR

MANUFACTURING --WOOD PRODUCTS

Logging Camps & LoggingContractors

2410 CU PR IV

Sawmills & Planing Mills,General -- Manufacturing

2421 CU PR IV

Hardware Dimension &Flooring -- Manufacturing

2422 CU IV

Millwork -- Manufacturing 2431 PR

Plywood & Veneer --Manufacturing

2432 PR

Prefabricating WoodenBuildings & StructuralMembers -- Manufacturing

2433 PR

Mobile Homes --Manufacturing

2439 PR

Cabinet Making--Manufacturing

2439 PR PR

Wooden Containers–Manufacturing

2440 PR

119


Wood Preserving --Manufacturing

2491 PR

Pattern Shop 2499 PR PR

MANUFACTURING --FURNITURE

Furniture -- Manufacturing 2510 PR

Shades & Venetian Blinds -- Manufacturing

2591 PR

MANUFACTURING --PAPER PRODUCTS

Pulp -- Manufacturing 2610 PR

Paperboard --Manufacturing

2630 PR

Converted Paper &Paperboard Products --Manufacturing

2640 PR

Boxes & PaperboardContainers --Manufacturing

2650 PR PR

Building Paper & BuildingBoard -- Manufacturing

2660 PR

PRINTING &PUBLISHING

Newspapers -- Publishing& Printing

2710 PR

Periodicals -- Printing &Publishing

2720 PR PR

Books -- Publishing &Printing

2730 PR PR

Printing, Commercial 2740 PR PR

Print Shops (Instant orQuick Shops)

2741 PR PR

Business Forms --Manufacturing

2750 PR PR PR

Bookbinding & Misc.Related Work–Manufacturing

2772 PR PR

120


Photoengraving &Electrotyping

27822783

PR PR

MANUFACTURING --CHEMICALPRODUCTS

Chemicals, IndustrialOrganic & Inorganic --Manufacturing

2810 CU IV

Plastics & SyntheticResins, Synthetic Rubber &Other Manmade Fibers --Manufacturing

2820 CU IV

Drugs -- Manufacturing 2830 CU IV

Biological Products --Manufacturing

2831 CU IV

Soaps & Detergents (exceptspecialty cleaners ) --Manufacturing

2841 CU IV

Cleaning, Polishing, &Sanitation Prep. exceptsoap -- Manufacturing

2842 CU IV

Cosmetics, Perfumes, &Other Toiletries --Manufacturing

2844 PR PR

Paints, Varnishes,Lacquers, Enamels &Allied Products --Manufacturing

2850 CU IV

Gum & Wood Chemicals --Manufacturing

2860 CU IV

Agriculture Chemicals &Fertilizers -- Manufacturing

2870 CU IV

Radioactive MaterialsProcessing, Storage &Disposal

2880 CU IV

Other Chemical Products–Manufacturing

2890 CU IV

121


MANUFACTURING --PETROLEUMPRODUCTS &REFINING

Petroleum Refining 2910 CU IV

Asphalt Mixing Plants 2920 CA PR IV

Paving Mixtures --Manufacturing

2921 CA PR IV

Asphalt Felts & Coatings --Manufacturing

2922 PR

Greases & Lubricating Oils 2991 PR IV

MANUFACTURING --RUBBER PRODUCTS

Tires & Inner Tubes --Manufacturing

3110 PR

Rubber Footwear --Manufacturing

3120 PR

Reclaiming Rubber 3130 PR

Other Rubber Products,Fabricated --Manufacturing

3190 PR

MANUFACTURING --STONE, GLASS, CLAYPRODUCTS

Glass, Flat --Manufacturing

3210 PR

Glass & Glassware --Manufacturing

3220 PR

Brick & Structural ClayProducts -- Manufacturing

3240 PR

Vitreous China Fixtures,China & BathroomAccessories --Manufacturing

3251 CU PR IV

Porcelain ElectricalSupplies -- Manufacturing

3254 CU PR IV

Other Pottery and RelatedProducts–Manufacturing

3259 CU PR IV

122


Concrete Products --Manufacturing

3262 CU PR IV

Concrete, Ready-MixPlants

3263 CU PR IV

Lime Products --Manufacturing

3264 CU PR IV

Gypsum Products --Manufacturing

3265 CU PR IV

Stone Products & CutStone -- Manufacturing

3270 CU PR IV

Abrasive & Misc. Non-Metallic MineralProduction --Manufacturing

3280 PR

MANUFACTURING --PRIMARY METAL

Steel Works, BlastFurnaces, & Rolling ofFerrous Metals

3311 CU IV

ElectrometallurgicalProduction & Processing --Manufacturing

3312 PR

Steel Wire Drawing, SteelNails, & Pipes --Manufacturing

3313 PR

Foundries, Iron & Steel --Manufacturing

3320 PR

Smelting & Refining ofNonferrous Metals

3330 CU IV

Extrusion, Drawing &Rolling of NonferrousMetals -- Manufacturing

3350 PR

Foundries, NonferrousMetals -- Manufacturing

3360 PR

MANUFACTURING --FABRICATED METALS

Guns, Ammunition &Ordinance–Manufacturing

3410 CU IV

123


Office, Computing &Accounting Machines --Manufacturing

3427 PR PR

Electrical Transmission &Distribution Equipment --Manufacturing

3431 CU PR IV

Appliances & Electronics(household) --Manufacturing

3433 PR PR

Electric Lighting & WiringEquipment --Manufacturing

3434 PR PR

Communication Equipment-- Manufacturing

3436 PR PR

Electronic Components &Accessories --Manufacturing

3437 PR PR

Automobile & Other MotorVehicle & Equipment --Manufacturing

3441 PR

Aircraft & Parts --Manufacturing

3442 CU PR IV

Boat Building & RepairServices

3443 PR PR

Railroad Equipment --Manufacturing

3444 CU IV

Motorcycles, Bicycles, &Parts -- Manufacturing

3445 CU PR IV

Machine Shop --Manufacturing

3450 CU PR PR IV

Other Fabricated MetalProducts -- Manufacturing

3490 CU PR IV

MANUFACTURING --SCIENTIFICEQUIPMENT

Engineering, Laboratory &Scientific Instruments &Equipment–Manufacturing

3510 CU PR III

124


Instruments for measuring,controlling, and indicatingphysical characteristics --Manufacturing

3520 CU PR III

Optical Instruments &Lenses–Manufacturing

3530 PR PR

Medical & DentalInstruments & Apparatus --Manufacturing

3541 PR PR

Orthopedic, Prosthetic &Surgical Appliances &Supplies -- Manufacturing

3542 PR PR

Ophthalmic Goods --Manufacturing

3550 PR PR

Photographic Equipment &Supplies -- Manufacturing

3560 CU PR III

Clocks, Watches,Clockwork-operatedDevices & Parts --Manufacturing

3570 PR PR

SALVAGE &RECYCLINGSalvage Yard

3610 PR

MANUFACTURING --MISCELLANEOUS

Jewelry & Precious Metals-- Manufacturing

3911 A A PR

Lapidary Work 3913 PR PR

Silverware & Plated Ware -- Manufacturing

3914 PR

Musical Instruments &Parts -- Manufacturing

3920 PR PR

Athletic, Amusement &Sporting Goods & Toys --Manufacturing

3930 PR PR

Pens, Pencils & OtherOffice & Artists’ Materials –Manufacturing

3940 PR PR

125


Costume Jewelry,Novelties, Buttons &Miscellaneous Notions --Manufacturing

3950 PR PR

Tobacco -- Manufacturing 3960 PR

Brooms & Brushes–Manufacturing

3991 PR PR

Linoleum, Asphalted-felt-base & Other Hard SurfaceFloor Covering --Manufacturing

3992 CU IV

Matches -- Manufacturing 3993 CU IV

Morticians Goods --Manufacturing

3995 CU IV

Fur Dressing & Dyeing --Manufacturing

3996 CU IV

Signs & AdvertisingDisplays -- Manufacturing

3997 PR PR

Umbrellas, Parasols, andCanes -- Manufacturing

3998 PR PR

TRANSPORT --RAILROAD

Railroad Rights-of-way 4111 PR PR PR PR PR PR PR PR PR PR PR PR

Railroad Yards &Terminals

4112 PR

TRANSPORT -- MOTORVEHICLES

Bus Passenger Terminals 4211 PR

Bus Garaging & EquipmentMaintenance

4214 PR PR

Motor Freight Terminals 4221 CU PR IV

Motor Freight Garaging &Equipment Maintenance

4222 PR

Taxicab Dispatch &Maintenance

4291 PR PR

126


TRANSPORT --AIRCRAFT

Airports & PassengerTerminals

4310 CU CU CU IV

Aircraft Storage &Equipment Maintenance

4315 CU CU CU IV

HIGHWAY -- STREETRoad & UtilityMaintenance Yards

4510 CU CU PR II

PARKINGParking Lots

4600 PR PR PR PR PR

COMMUNICATIONS

Telephone ExchangeStations

4711 CU CU CU CU CU CU CU PR PR PR PR PR II

Telephone Relay Towers 4712 CU CU CU CU CU CU CU CU CU CU CU CU II

Telegraph Communications 4720 PR PR

Radio Broadcasting Studios 4731 PR PR PR

Radio TransmittingStations & Towers

4732 CU II

Television BroadcastingStudios

4741 PR PR PR

Television TransmittingStations & Towers

4742 CU II

Cable TelevisionMaintenance Yard

4743 PR PR PR

Radio & TelevisionBroadcasting Studios(Combined)

4751 PR PR PR

UTILITIES

Electric Generation Plants(excluding nuclear powerplants)

4812 PR

Nuclear Power Plants 4819 CU IV

Gas Production Plants 4822 CU IV

Gas Storage & DistributionPoints

4823 CU CU IV

127


Water Treatment Plants &Storage

48324833

CU CU PG PG PG PG PG CU CU IV

Sewage Disposal 4840 CU CU PG PG PG PG PG CU IV

Solid Waste Disposal 4850 CU CU IV

Utility Maintenance Yard 4860 CU IV

OTHERTRANSPORTATION,COMMUNICATION, &UTILITIESTravel Arranging Services

4923 PR PR

WHOLESALE TRADE

Motor Vehicles &Equipment–Wholesale

5110 PR PR

Drugs, Chemical, &Druggist Sundries–Wholesale

5121 PR PR

Agricultural Chemicals &Fertilizers–Wholesale

5129 PR PR PR

Dry Goods & Apparel–Wholesale

5130 PR PR PR

Groceries & Food Products–Wholesale

5140 PR PR PR

Farm Products -- Wholesale 5150 CU PR PR PR II

Livestock–Wholesale 5156 CU PR II

Electronic Parts &Equipment–Wholesale

5160 PR PR PR

Appliances (Electrical),Televisions, Tape Players,Radio Sets–Wholesale

5162 PR PR PR

Hardware–Wholesale 5171 PR PR PR

Plumbing & HeatingEquipment & Supplies–Wholesale

5172 PR PR PR

Air Conditioning,Refrigerated Equipment &Supplies–Wholesale

5173 PR PR PR

Commercial & IndustrialMachinery, Equipment &Supplies–Wholesale

5181 PR PR PR

128


Farm Machinery &Equipment–Wholesale

5182 PR PR PR

Professional Equipment &Supplies–Wholesale

5183 PR PR PR

Equipment & Supplies forService Establishment–Wholesale

5184 PR PR PR

Transportation Equipment& Supplies (excludingMotor Vehicles)–Wholesale

5185 PR PR PR

Metals & Minerals, exceptPetroleum Products &Scrap–Wholesale

5191 PR

Petroleum Bulk Stations &Terminals

5192 PR

Scrap & Waste MaterialsNonmetallic -- Wholesale

5193 CU PR IV

Alcoholic Beverages, Beer& Wine–Wholesale

5195 PR PR PR

Paper & Paper Products–Wholesale

5196 PR PR PR

Furniture & HomeFurnishings -- Wholesale

5197 PR PR

Liquid Petroleum Gas–Wholesale

5199 CU PR IV

Building Materials &Lumber–Wholesale

5199 CU PR IV

Books, Magazines, &Newspapers Distributing–Wholesale

5199 PR PR PR

RETAIL -- BUILDINGMATERIALS

Lumber Yards & BuildingMaterials–Retail

5210 PR PR PR

Heating & PlumbingEquipment & Supplies–Retail

5220 PR PR PR

Paint, Glass, & Wallpaper–Retail

5230 PR PR PR

129


Electrical Supplies -- Retail 5240 PR PR PR PR

Hardware & Farm Supplies–Retail

5251 CU PR PR PR PR III

Farm Machinery &Equipment -- Retail

5252 CU PR PR PR III

Fertilizers -- Retail 5254 CU PR PR PR III

Construction Equipment–Retail

5260 PR PR PR

Home ImprovementCenters

5261 PR PR PR

RETAIL -- GENERALMERCHANDISE

Department Stores -- Retail 5310 PR

Mail Order Houses -- Retail 5320 PR PR PR

Discount & Variety Stores–Retail

5330 PR PR

Vending MachineOperators -- Retail

5340 PR PR

Dry Goods and GeneralMerchandise -- Retail

5391 PG PG PG PG PR PR

RETAIL --FOOD

Groceries (with or withoutmeat) -- Retail


Meats -- Retail 5421 PG PG PG PG PR PR

Fish & Seafoods -- Retail 5422 CU PG PG PG PG PR PR I

Farmers Market 5429 CU CU PR CU PR I

Fruits & Vegetables–Retail

5430 PR PG PG PG PG PR PR

Candy, Nut &Confectionary -- Retail


Dairy Products -- Retail 5450 CU CU PG PG PG PG PR PR I

Bakeries–Retail 5460 PG PG PG PG PR PR

130


RETAIL --AUTOMOTIVEMARINE & AIRCRAFT

Automobile & Other MotorVehicle -- Retail

5511 PR

Automobile Parts &Supplies -- Retail

5520 PR PR

Tires -- Retail 5521 PR PR

Gasoline Service Stations --Retail

5530 PG PG PG PG PR PR PR PR

Recreational Vehicle &Equipment

5540 PR PR

Mobile Homes &Accessories -- Retail

5570 PR PR

Aircraft & Accessories --Retail

5592 PR PR PR

RETAIL -- APPARELApparel, Shoes, &Accessories -- Retail

5600 PR PR

RETAIL -- FURNITURE,HOME FURNISHINGS

Furniture & HomeFurnishings -- Retail

5711 PR PR

China, Glassware, &Metalware -- Retail

5714 PR PR

Appliances & Electronics(Household) -- Retail

5720 PR PR

Musical Instruments &Supplies -- Retail

5732 PR PR

RETAIL -- EATING &DRINKING

Restaurants (excludingdrive-ins)


Restaurants (Drive-Ins) 5812 PR

Private Clubs 5821 CU CU III

Taverns & nightclubs(including dance halls)

5822 CU III

131


RETAIL --MISCELLANEOUS

Drug & Proprietary --Retail

5910 A PR PR

Liquor -- Retail 5920 PR PR

Antiques -- Retail 5931 PR PR

Second-Hand Merchandise-- Retail

5932 PR

Books & Stationary --Retail

5940 PR PR

Sporting Goods & Bicycles-- Retail

5951 PR PR

Bait Shops 5953 PR

Feeds, Grains & Hay --Retail

5961 CU CU PR PR I

Garden Supplies &Landscape Nursery --Retail

5962 CU CU PR I

Jewelry -- Retail 5970 PR PR

Fuel Oil -- Retail 5982 PR

Bottled Gas -- Retail 5983 A CU CU PR IV

Ice -- Retail 5985 A PR

Retail Trades Not ListedElsewhere

5990 PR

Florists -- Retail 5991 PR PR

Cigarettes & Cigars --Retail

5992 PR PR

Magazines & Newspapers--Retail

5993 PR PR

Cameras & PhotographicSupplies -- Retail

5994 PR PR

Gifts, Novelties, &Souvenirs -- Retail

5995 PR PR

Hearing Aids, OpticalGoods, OrthopedicAppliances & SimilarDevices–Retail

5996 A PR

132


Hobby Supplies -- Retail 5997 PR PR

Pets & Pet Grooming–Retail

5998 PR PR

Monuments–Retail 5999 PR PR

SERVICES --FINANCIAL,INSURANCE, REALESTATE

Banking Services 6111 PG PG PG PG PR PR PR

Credit Unions, &Agricultural, Business, &Personal Credit Services

6122 PR PR

Security & CommodityBrokers, Dealers,Exchanges & Services

6130 PR PR PR

Insurance Agents &Brokers Service

6142 PG PG PG PG PR PR PR

Real Estate Agents, Brokers& Abstracting Services

6150 PG PG PG PG PR PR PR

Investment and HoldingServices

6160 PR PR PR

SERVICES –PERSONAL

Dry Cleaning &Laundering Services(cleaning on-site)

6211 PR PR

Linen Supply & IndustrialLaundry Service

6212 PR PR

Carpet & Rug Cleaning &Repair Services

6215 PR PR PR

Photographic Studios &Services

6220 CU CU III

Barber & Beauty Services 6230 PG PG PG PG A PR PR

Funeral, Mortuary &Crematory Services

6241 CA CA CA CA CA CA CA CA CA PR CA CA III

Cemeteries & Mausoleums 6242 CU CU CU CU CU CU CU CU CU CU CU CU I

Alteration, Tailoring &Garment Repair Servicing

6251 PR PR

133


Dry Cleaning & LaundryServices (Pickup Only)


Fur Repair & StorageService

6252 PR PR PR

Shoe Repair, Shoe Shining,& Hat Cleaning Service

6253 PR PR

Health & Exercise Spa 6261 PR

Massage Services 6262 CU III

SERVICES -- BUSINESS

Advertising Services 6310 PR PR PR

Outdoor AdvertisingServices

6312 PR PR

Credit Reporting,Adjustment & CollectionServices

6320 PR PR PR

Photocopying &Blueprinting Service

6332 PR PR

Stenographic, Duplicating,& Mailing Services

6339 PR PR

Exterminating &Disinfecting Services

6342 PR PR PR

Lawn Care -- Services 6343 PR PR

Janitorial Services 6344 PR PR

News Syndicate Services 6350 PR PR PR

Employment Services 6360 PR PR PR

Farm ProductsWarehousing & Storageexcluding Stockyards

6371 CU CU PR PR III

Stockyard 6372 CU IV

Food Lockers &Refrigerated Storage

6374 PR PR PR

Warehousing of HouseholdGoods

6375 PR PR

134


Warehousing ofNonhazardous Products

6376 PR PR

Warehousing of HazardousProducts

6377 CU IV

Warehousing of PersonalGoods (Individual Access)

6378 PR PR

Business Offices Not ListedElsewhere

6390 PR PR PR

Research, Development, &Testing Service

6391 CU CU CU CU CU IV

Business & ManagementConsultant Service

6392 PR PR PR

Detective & ProtectiveService

6393 PR PR PR

Equipment Rental &Leasing Services

6394 PR PR PR

Photofinishing Services 6395 PR PR PR

Automobile & TruckRental Services

6397 PR PR

Motion Picture DistributionServices

6398 PR PR PR

Locksmith Services 6399 PR PR

SERVICES -- REPAIR

Automobile & Other MotorVehicle -- Repair

6411 PR

Automobile & Truck WashServices

6412 PR PR

Automobile & Other MotorVehicles -- Body Shop

6414 PR

Electrical Repair Services(including television, radio,& appliances)

6491 PR PR PR PR

Watch, Clock, & JewelryRepair Service

6493 PR PR PR

Furniture Repair &Reupholstery Service

6494 PR PR

Bicycle Repair Shops 6498 PR

135


Repair Services Not ListedElsewhere

6499 PR

SERVICES --PROFESSIONAL

Medical, Dental, &Chiropractic Services

6510 PR PR PR

Hospital & Medical Clinics(Including RehabilitationClinics)

65136517

CU PR I

Medical & DentalLaboratory Services

6514 PR PR

Sanitarium 6516 CU CU PR I

Nursing & ConvalescentHomes

6516 PR CU I

Legal Services 6520 PR PR PR

Engineering, Planning, &Architectural ProfessionalServices

6591 PR PR PR

Accounting &Bookkeeping Services

6593 PR PR PR

Professional Offices NotListed Elsewhere

6599 PR PR PR

CONSTRUCTION

Building ConstructionContractors

6611 PR PR PR PR

Carpentry & WoodFlooring Services

6625 PR PR PR

Water Well DrillingServices

6628 CU PR PR I

Welding & BlacksmithServices

6629 CU PR PR I

Landscape ContractingServices

6630 PR PR PR

SERVICES –GOVERNMENT

Prisons and CorrectionalFacilities (Public)

6741 PR PR PR

136


Social Correctional,Treatment & CounselingServices

6742 PR PR PR

Prisons and CorrectionalFacilities (Private)

6749 CU CU CU IV

Armed Forces ReserveCenter

6757 CU CU CU PR PR PR III

SERVICES –EDUCATION

Day Care Centers 6811 CU CU CU CU CU CU PR PR PR PR I

Schools, Primary &Secondary (Public)

6812 PR PR PR PR PR PR PR

Schools, Primary &Secondary (Private)

6814 CU PR PR PR PR PR PR I

Schools, Universities &Colleges

6821 CU CU CU CU CU CU CU PR I

Schools, Professional &Business

6823 PR PR

Schools, Trade, Technical& Vocational

6831 PR PR

Schools, Art-Music-Dance 68346835

PR PR

SERVICES –MISCELLANEOUS

Churches, Synagogues &Temples

6911 PR PR PR PR PR PR PR PR PR PR PR PR

Welfare & CharitableServices

6920 PR PR

Business Associations 6991 PR PR PR

Labor Union & SimilarLabor Organizations

6993 PR PR

Civic, Social & FraternalAssociations

6994 CU CU PR PR III

CULTURAL

Museums 7112 PR PR PR

Art Galleries & ArtistsStudios

7113 CU CU CU CU III

137


Zoos, Aquariums, &Botanical Gardens

7120 PR

PUBLIC ASSEMBLY

Amphitheaters 7211 CU CU CU PR III

Theaters, Motion Picture,Indoor

7212 PR PR

Theaters, Motion Picture,Outdoor

7213 CU CU III

Theaters, Performance,Indoor

7214 CU III

Stadiums 7221 CU CU CU III

Race Tracks & Courses–Animal


Race Tracks & Courses–Vehicle


Auditoriums & ExhibitionHalls

7230 A A A A A A A A A PR PR PR

AMUSEMENTS

Fairgrounds 7311 CU CU CU PR III

Amusement Parks & Go-Cart Tracks

73127394

CU CU CU III

Penny Arcades &Amusement Centers(Indoors)

7391 PR

Golf Courses -- Miniature 7392 PR

Golf Driving Range 7393 CU PR III

Circuses & Carnivals (ByTemporary Permit Only)

7395 CU CU CU CU CU CU CU III

RECREATION

Golf Courses (Full Scale &Executive or 3-par)

7411 CU CU CU PG PG PG PG CU CU CU CU CU I

Skating Rinks 7415 PR

Riding Stables 7416 CU CU CU I

Bowling 7417 PR

138


Ranges -- Trap, Skeet, andRifle (Outdoor)

7419 CU CU III

Ranges -- Trap, Skeet, andRifle (Indoor)

7419 CU III

Ranges -- Archery orsimilar

7419 CU CU CU III

Athletic Fields (Private) 7423 CU CU PG PG PG PG CU CU I

Community & RecreationCenters

7424 CU PG PG PG PG PR PR I

Athletic Clubs &Gymnasium (IncludesTennis Clubs, etc.)

7425 PG PG PG PG CU PR I

Swimming Pools (Public orCommercial)

7432 CU CU CU CU CU CU CU CU PR PR I

Swimming Pool(Residential -- Private)

7432 A A A A A A A

Marinas & Boat Rentals 7440 CU PG PG PG PG PR I

Country Club & AthleticClubs

7450 CU CU PG PG PG PG PG CU PR I

Campgrounds & Retreats 7491 CU I

RESORTS & CAMPS

Resorts & Dude Ranches 7511 CU I

Hunting & Fishing clubs 7515 CU I

PARKSParks & Playgrounds --Public

7610 PR PR PR PR PR PR PR PR PR PR PR PR

AGRICULTURE

Farms, Crop 8110812081308140

PR PR

Farms & Ranches --Livestock, Dairy & Poultry

81508160

PR PR

Apiary Farms & Processing 8193 PR PR PR

Farms & Ranches-- Horses 8194 PR PR

Worm Farms 8199 PR PR

139


AGRICULTURALRELATED

Agricultural Processing 8210 PR PR

Harvesting Services -- CornShelling, Hay Baling, andThreshing Services

8213 PR PR

Veterinarian Services,Outdoor & Large Animals

8221 PR PR

Veterinarian Services,Indoor Only -- SmallAnimals

8221 PR PR PR PR

Poultry Hatchery Services 8223 PR PR

Kennels -- Boarding &Breeding (Indoor)

8229 PR PR PR

Kennels -- Boarding &Breeding (Outdoor)

8229 PR PR

Green Houses (raising ofplants & wholesale)

8291 PR A PR PR

Nursery Stock Farms 8291 PR PR

Feed Lots 8299 PR

Farms, CommercialForestry

8310 PR

Fish Farms & Hatcheries 8410 PR PR

RESOURCEEXTRACTION

Mining 85108520

CU IV

Gas & Petroleum Drilling 8530 CU IV

Quarrying -- Stone, Sand,& Gravel

8540 CU CU IV

SIGNS

Non-Illuminated BusinessSigns

A A A A A A A A A A A A

Illuminated (includingAnimated or Flashing)Business Signs

CA CA CA CA CA CA A A A A A A I

All other Non-IlluminatedWall or Projecting Signs

CU CU CU CU CU CU CU CU CU CU CU CU I

140


All other Illuminated(including Animated orFlashing) Wall orProjecting Signs

CU CU CU CU CU I

All other Free Standing andPortable Signs (includingBillboards and OutdoorAdvertising Signs)

CU CU CU CU III

TITLE III -- PERMITTED USES BY ZONING DISTRICT

ARTICLE I -- USES PERMITTED IN DISTRICT A (AGRICULTURAL)

Section 1 PRIMARY USES -- The following uses are permitted in District A as primaryuses without a conditional use permit being required:

Dwelling, Single Family Detached (1111) Mobile Home (1151)

Caretaker Dwelling (1154) Railroad Rights-of-way (4111)

Fruits & Vegetables -- Retail (5430) Landscape Contracting Services (6630)

Prisons and Correctional Facilities (Public)(6741)

Schools, Primary & Secondary (Public)(6814)

Churches, Synagogues & Temples (6911) Parks & Playgrounds -- Public (7610)

Farms, Crop (8110, 8120, 8130, 8140) Farms & Ranches -- Livestock, Dairy &Poultry (8150, 8160)

Apiary Farms & Processing (8193) Farms & Ranches -- Horses (8194)

Worm Farms (8199) Agricultural Processing (8210)

Harvesting Services -- Corn Shelling, HayBaling, & Threshing Services (8213)

Veterinarian Services, Outdoor & LargeAnimal (8221)

Veterinarian Services, Indoor Only -- SmallAnimals (8221)

Poultry Hatchery Services (8223)

Kennels -- Boarding & Breeding (Indoor)(8229)

Kennels -- Boarding & Breeding (Outdoor)(8229)

141

Green Houses (Raising of Plants &Wholesale Only (8291)

Nursery Stock Farms (8291)

Feed Lots (8299) Farms, Commercial Forrestry (8310)

Fish Farms & Hatcheries (8410)

Section 2 CONDITIONAL USES -- The following uses are permitted in District A asprimary uses, but conditional use permits are required:

Boarding and Rooming Houses (1210) (III) Orphanages (1242) (III)

Monasteries and Convents (1252) (III) Logging Camps & Logging Contractors(2410) (IV)

Sawmills & Planing Mills, General --Manufacturing (2421) (IV)

Machine Shop -- Manufacturing (3450) (IV)

Airports & Passenger Terminals (4310) (IV) Aircraft Storage & Equipment Maintenance(4315) (IV)

Road & Utility Maintenance Yards (4510) (II) Telephone Exchange Stations (4711) (II)

Telephone Relay Towers (4712) (II) Radio Transmitting Stations & Towers (4732)(II)

Television Transmitting Stations & Towers(4742) (II)

Water Treatment Plants & Storage (4832 &4833) (IV)

Sewage Disposal (4840) (IV) Solid Waste Disposal (4850) (IV)

Farm Products -- Wholesale (5150) (II) Livestock -- Wholesale (5156) (II)

Scrap & Waste Materials Nonmetallic --Wholesale (5193) (IV)

Liquid Petroleum Gas -- Wholesale (5199)(IV)

Hardware & Farm Supplies -- Retail (5251)(III)

Farm Machinery & Equipment -- Retail(5252) (III)

Fertilizers -- Retail (5254) (III) Fish & Seafood -- Retail (5422) (I)

Farmers Market (5429) (I) Dairy Products -- Retail (5450) (I)

Feeds, Grains, & Hay -- Retail (5961) (I) Garden Supplies & Landscape Nursery --Retail (5962) (I)

142

Cemetaries & Mausoleums (6242) (I) Farm Products Warehousing & Storageexcluding Stockyards (6371) (III)

Research, Development, & Testing Service(6391) (IV)

Sanitarium (6516) (I)

Water Well Drilling Services (6628) (I) Welding & Blacksmith Services (6629) (I)

Prisons & Correctional Facilities (Private)(6749) (IV)

Armed Forces Reserve Center (6757) (III)

Day Care Centers (6811) (I) Schools, Primary & Secondary (Private)(6814) (I)

Schools, Universities & Colleges (6821) (I) Civic, Social, & Fraternal Associations(6994) (III)

Amphitheaters (7211) (III) Theaters, Motion Picture, Outdoor (7213)(III)

Stadiums (7221) (III) Race Tracks & Courses -- Animal (7223) (III)

Race Tracks & Courses -- Vehicle (7224) (III) Fairgrounds (7311) (III)

Golf Driving Range (7393) (III) Circuses & Carnivals (By Temporary PermitOnly) (7395) (III)

Golf Courses (Full Scale & Executive or 3-par) (7411) (I)

Riding Stables (7416) (I)

Ranges -- Trap, Skeet, and Rifle (Outdoor)(7419) (III)

Ranges -- Archery or Similar (7419) (III)

Athletic Fields (Private) (7423) (I) Community & Recreation Centers (7424) (I)

Swimming Pools (Public or Commercial(7432) (I)

Marinas & Boat Rentals (7440) (I)

Country Club & Athletic Clubs (7450) (I) Campground & Retreats (7491) (I)

Resorts & Dude Ranches (7511) (I) Hunting & Fishing Clubs (7515) (I)

Mining (8510, 8520) (IV) Gas & Petroleum Drilling (8530) (IV)

Quarrying -- Stone, Sand, & Gravel (8540)(IV)

All other Non-Illuminated Wall or ProjectingSigns (I)

143

All Other Free Standing and Portable Signs(including Billboards and OutdoorAdvertising Signs) (III)

Section 3 ACCESSORY USES -- The following uses are permitted in District A asaccessory uses without a conditional use permit being required:

Mobile Home (1151) Caretaker & Guest Cottages (1153)

Auditoriums & Exhibition Halls (7230) Swimming Poll (Residential -- Private)(7432)

Non-Illuminated Business Signs

Section 4 CONDITIONAL ACCESSORY USES -- The following uses are permitted inDistrict A as accessory uses, but conditional use permits are required:

Asphalt Mixing Plants (2920) (IV) Paving Mixtures -- Manufacturing (2921)(IV)

Funeral, Mortuary, & Crematory Services(6241) (III)

Illuminated (including Animated or Flashing)Business Signs (I)

ARTICLE II -- USES PERMITTED IN DISTRICT RA (RESIDENTIAL AGRICULTURE)

Section 1 PRIMARY USES -- The following uses are permitted in District RA as primaryuses without a conditional use permit being required:

Dwelling, Single Family Detached (1111) Railroad Rights-of-Way (4111)


Schools, Primary & Secondary (Private)(6814)

Churches, Synagogues, & Temples (6911) Parks & Playgrounds -- Public (7610)

Farms, Crop (8110, 8120, 8130, 8140) Farms & Ranches -- Livestock, Dairy &Poultry (8150, 8160)

Apiary Farms & Processing (8193) Farms & Ranches -- Horses (8194)

144

Worm Farms (8199) Agricultural Processing (8210)

Harvesting Services -- Corn Shelling, HayBaling, and Threshing Services (8213)

Veterinarian Services, Outdoor & LargeAnimal (8221)


Poultry Hatchery Services (8223)


Kennels -- Boarding & Breeding (Outdoor)(8229)

Nursery Stock Farms (8291) Fish Farms & Hatcheries (8410)

Section 2 CONDITIONAL USES -- The following uses are permitted in District RA asprimary uses, but conditional use permits are required:

Road & Utility Maintenance Yards (4510) (II) Telephone Exchange Stations (4711) (II)

Telephone Relay Towers (4712) (II) Water Treatment Plants & Storage (4832 &4833) (IV)

Sewage Disposal (4840) (IV) Farmers Market (5429) (I)

Dairy Products -- Retail (5450) (I) Feeds, Grain & Hay -- Retail (5961) (I)

Garden Supplies & Landscape Nursery --Retail (5962) (I)

Cemetaries & Mausoleums (6242) (I)

Farm Products Warehousing & Storageexcluding Stockyards (6371) (III)


Day Care Centers (6811) (I) Schools, Universities & Colleges (6821) (I)

Civic, Social & Fraternal Associations (6994)(III)

Circuses & Carnivals (By Temporary PermitOnly) (7395) (III)


Riding Stables (7416) (I)

Ranges -- Archery or similar (7419) (III) Athletic Fields (Private) (7423) (I)

Swimming Pools (Public or Commercial)(7432) (I)

Country Clubs & Athletic Clubs (7450) (I)

145

All Other Non-Illuminated Wall or ProjectingSigns (I)

Section 3 ACCESSORY USES -- The following uses are permitted in District RA asaccessory uses without a conditional use permit being required:

Mobile Home (1151) Caretaker & Guest Cottages (1153)

Auditoriums & Exhibition Halls (7230) Swimming Pool (Residential -- Private)(7432)


Section 4 CONDITIONAL ACCESSORY USES -- The following uses are permitted inDistrict RA as accessory uses, but conditional use permits are required:



ARTICLE III -- USES PERMITTED IN DISTRICT RE (RURAL ESTATES)

Section 1 PRIMARY USES -- The following uses are permitted in District RE as primaryuses without a conditional use permit being required:





Section 2 CONDITIONAL USES -- The following uses are permitted in District RE asprimary uses, but conditional use permits are required:

Telephone Exchange Stations (4711) (II) Telephone Relay Towers (4712) (II)

Cemetaries & Mausoleums (6242) (I) Day Care Centers (6811) (I)

146

Schools, Universities & Colleges (6821) (I) Golf Courses (Full Scale or Executive or 3-par) (7411) (I)

Riding Stables (7416) (I) Swimming Pools (Public or Commercial)(7432) (I)


Section 3 ACCESSORY USES -- The following uses are permitted in District RE asaccessory uses without a conditional use permit being required:

Caretaker & Guest Cottages (1151) Dormitories, College (1232)

Auditoriums & Exhibition Halls (7230) Swimming Pool (Residential -- Private)(7432)


Section 4 CONDITIONAL ACCESSORY USES -- The following uses are permitted inDistrict RE as accessory uses, but conditional use permits are required:


Illuminated (including Animated or FlashingBusiness Signs) (I)

Section 5 PLANNED GROUP DEVELOPMENTS -- The following uses are permitted inDistrict RE as primary uses, but only as part of a planned group development:

Water Treatment Plants & Storage (4833) Sewage Disposal (4840)

Country Clubs & Athletic Clubs (7450)

147

ARTICLE IV -- USES PERMITTED IN DISTRICT R (SINGLE-FAMILY DWELLING)

Section 1 PRIMARY USES -- The following uses are permitted in District R as primaryuses without a conditional use permit being required:





Section 2 CONDITIONAL USES -- The following uses are permitted in District R asprimary uses, but conditional use permits are required:



Schools, Universities & Colleges (6821) (I) Swimming Pools (Public or Commercial)(7432) (I)


Section 3 ACCESSORY USES -- The following uses are permitted in District R asaccessory uses without a conditional use permit being required:

Dormitories, College (1232) Auditoriums & Exhibition Halls (7230)

Swimming Pools (Residential -- Private)(7432)


Section 4 CONDITIONAL ACCESSORY USES -- The following uses are permitted inDistrict R as accessory uses, but conditional use permits are required:


Illuminated (including Animated or FlashingBusiness Signs (I)

148

Section 5 PLANNED GROUP DEVELOPMENTS -- The following uses are permitted inDistrict R as primary uses, but only as part of a planned group development:

Dwelling, Single Family Detached, Zero LotLine (1114)

Water Treatment Plants & Storage (4832 &4833)

Sewage Disposal (4840) Dry Goods and General Merchandise -- Retail(5391)

Groceries (with or without meat) -- Retail(5410)

Meats -- Retail (5421)

Fish & Seafoods -- Retail (5422) Fruits & Vegetables -- Retail (5430)

Candy, Nut, & Confectionary -- Retail (5440) Dairy Products -- Retail (5450)

Bakeries -- Retail (5460) Gasoline Service Stations -- Retail (5530)

Restaurants (excluding drive-ins) (5810) Banking Services (6111)

Insurance Agents & Brokers Service (6142) Real Estate Agents, Brokers & AbstractingServices (6152)

Barber & Beauty Services (6232) Dry Cleaning & Laundry Services (PickupOnly) (6251)

Golf Courses (Full Scale & Executive or 3-par) (7411)

Athletic Fields (Private) (7423)

Community & Recreation Centers (7424) Athletic Clubs & Gymnasium (IncludesTennis Clubs, etc.) (7425)

Marinas & Boat Rentals (7440) Country Clubs & Athletic Clubs (7450)

ARTICLE V -- USES PERMITTED IN DISTRICT R-1 (SINGLE-FAMILY DWELLING)

Section 1 PRIMARY USES -- The following uses are permitted in District R-1 as primaryuses without a conditional use permit being required:

Dwelling, Single Family Detached (1111) Railroad Rights-of-way (4111)




149

Section 2 CONDITIONAL USES -- The following uses are permitted in District R-1 asprimary uses, but conditional use permits are required:





Section 3 ACCESSORY USES -- The following uses are permitted in District R-1 asaccessory uses without a conditional use permit being required:


Swimming Pool (Residential -- Private)(7432)


Section 4 CONDITIONAL ACCESSORY USES -- The following uses are permitted inDistrict R-1 as accessory uses, but conditional use permits are required:



Section 5 PLANNED GROUP DEVELOPMENTS -- The following uses are permitted inDistrict R-1 as primary uses, but only as part of a planned group development:


Dwelling, Multi-Family (1130)


Sewage Disposal (4840)

Dry Goods and General Merchandise -- Retail(5391)


150

Meats -- Retail (5421) Fish & Seafoods -- Retail (5422)

Fruits & Vegetables -- Retail (5430) Candy, Nut, & Confectionary -- Retail (5440)

Dairy Products -- Retail (5450) Bakery -- Retail (5460)

Gasoline Service Stations -- Retail (5530) Restaurants (excluding drive-ins) (5811)

Banking Services (6111) Insurance Agents & Brokers Service (6142)

Real Estate Agents, Brokers & AbstractingServices (6150)

Barber & Beauty Services (6230)

Dry Cleaning & Laundry Services (PickupOnly) (6251)


Athletic Fields (Private) (7423) Community & Recreation Centers (7424)

Athletic Clubs & Gymnasium (IncludesTennis Clubs, etc.) (7425)

Marinas & Boat Rentals (7440)

Country Club & Athletic Clubs (7450)

ARTICLE VI -- USES PERMITTED IN DISTRICT R-2 (TWO-FAMILY DWELLING)


Dwelling, Single Family Detached (1111) Dwelling, Single Family Attached (1113)

Dwelling, Two Family (1120) Railroad Rights-of-Way (4111)







151







Section 4 CONDITIONAL ACCESSORY USES -- The following uses are permitted inDistrict R-2 as accessory uses, but conditional use permits are required:

Funeral, Mortuary & Crematory Services(6242) (III)




Dwelling, Multi-Family (1130)


Sewage Disposal (4840)

Dry Goods and General Merchandise -- Retail(5391)


Meats -- Retail (5421) Fish & Seafoods -- Retail (5422)

Fruits & Vegetables -- Retail (5430) Candy, Nut, Confectionary -- Retail (5440)

Dairy Products -- Retail (5450) Bakeries -- Retail (5460)

Gasoline Service Stations (5530) Restaurants (excluding drive-ins) (5811)

152

Banking Services (6111) Insurance Agents & Brokers Service (6142)

Real Estate Agents, Brokers & AbstractingServices (6150)




Athletic Fields (Private) (7423) Community & Recreation Centers (7424)


Marinas & Boat Rentals (7440)

Country Club & Athletic Clubs (7450)

ARTICLE VII -- USES PERMITTED IN DISTRICT R-3 (MULTIPLE-FAMILY DWELLING)


Dwelling, Single Family Detached (1111) Dwelling, Single Family Attached (1113)

Dwelling, Two Family (1120) Dwelling, Multi-Family (1130)

Boarding and Rooming Houses (1210) Fraternity & Sorority Houses (1221)

Orphanages (1242) Monasteries & Convents (1252)

Railroad Rights-of-way (4111) Nursing & Convalescent Homes (6516)

Day Care Centers (6811) Schools, Primary & Secondary (Public)(6812)


Churches, Synagogues & Temples (6911)

Parks & Playgrounds (7610)


Mobile Home (1151) (III) Mobile Home Parks (1400) (III)

153


Cemeteries & Mausoleums (6242) (I) Schools, Universities & Colleges (6821) (I)







Illuminated (including Animated or Flashing)Business Signs

Section 4 CONDITIONAL ACCESSORY USES -- The following use is permitted inDistrict R-3 as an accessory use, but a conditional use permits is required:

Funeral, Mortuary, & Crematory Services (6241) (III)




Sewage Disposal (4840) Dry Goods and General Merchandise -- Retail(5391)





Bakeries -- Retail (5460) Gasoline Service Stations -- Retail (5530)

Restaurants (excluding drive-ins) (5811) Banking Services (6111)

154


Barber & Beauty Services (6230) Dry Cleaning & Laundry Services (PickupOnly) (6251)


Athletic Fields (Private) (7423)

Community & Recreation Centers (7424) Athletic Club & Gymnasium (Includes TennisClubs, etc.) (7425)

Marinas & Boat Rentals (7440) Country Clubs & Athletic Clubs (7450)

ARTICLE VIII -- USES PERMITTED IN DISTRICT B-0 (OFFICE & SERVICE BUSINESS)

Section 1 PRIMARY USES -- The following uses are permitted in District B-0 as primaryuses without a conditional use permit being required:

Dwelling, Multi-Family (1130) Boarding & Rooming Houses (1210)

Fraternity & Sorority Houses (1221) Railroad Rights-of-way (4111)

Parking Lots (4600) Telephone Exchange Stations (4711)

Radio Broadcasting Studios (4731) Television Broadcasting Studios (4741)

Cable Television Maintenance Yard (4743) Radio & Television Broadcasting Studios(Combined) (4751)

Banking Services (6111) Security & Commodity Brokers, Dealers,Exchanges & Services (6130)


Investment and Holding Services (6160) Advertising Services (6310)

Credit Reporting, Adjustment & CollectionServices (6320)

New Syndicate Services (6350)

Employment Services (6360) Business Offices Not Listed Elsewhere(6390)

155

Business & Management Consultant Service(6392)

Detective & Protective Service (6393)

Motion Picture Distribution Services (6398) Medical, Dental, & Chiropractic Services(6510)

Legal Services (6520) Engineering, Planning, & ArchitecturalProfessional Services (6591)

Accounting & Bookkeeping Services (6593) Professional Offices Not Listed Elsewhere(6599)

Building Construction Contractors (6611) Social Correctional, Treatment & CounselingServices (6742)

Day Care Centers (6811) Churches, Synagogues & Temples (6911)

Business Associations (6991) Civic, Social & Fraternal Associations (6994)

Museums (7112) Community & Recreation Centers (7424)

Parks & Playgrounds -- Public (7610)

Section 2 CONDITIONAL USES -- The following uses are permitted in District B-0 asprimary uses, but conditional use permits are required:

Telephone Relay Towers (4712) (II) Cemeteries & Mausoleums (6242) (I)

Hospital & Medical Clinics (IncludingRehabilitation Clinics) (6513 & 6517) (I)

Sanitariums (6516) (I)

Nursing & Convalescent Homes (6516) (I) Armed Forces Reserve Center (6757) (III)

Art Galleries & Artists Studios (7113) (III) Circuses & Carnivals (By Temporary PermitOnly) (7395) (III)


Athletic Fields (Private) (7423) (I)

Athletic Clubs & Gymnasium (IncludesTennis Clubs, etc.) (7425) (I)


Country Clubs & Athletic Clubs (7450) (I) All Other Non-Illuminated Wall or ProjectingSigns (I)

156

All Other Illuminated (including Animated orFlashing) Wall or Projecting Signs (I)

Section 3 ACCESSORY USES -- The following uses are permitted in District B-0 asaccessory uses without a conditional use permit being required:

Dormitories, College (1232) Drugs & Proprietary -- Retail (5910)

Hearing Aids, Optical Goods, OrthopedicAppliances & Similar Devices -- Retail(5996)


Auditoriums & Exhibition Halls (7230) Non-Illuminated Business Signs

Illuminated (including Animated or Flashing)Business Signs

Section 4 CONDITIONAL ACCESSORY USES -- The following use is permitted inDistrict B-0 as an accessory use, but a conditional use permit is required:


ARTICLE IX -- USES PERMITTED IN DISTRICT B-1 (LOCAL BUSINESS)


Boarding and Rooming Houses (1210) Print Shops (Instant or Quick Shops) (2741)

Railroad Rights-of-way (4111) Parking (4600)

Telephone Exchange Stations (4711) Travel Arranging Services (4923)

Electrical Supplies -- Retail (5240) Hardware & Farm Supplies -- Retail (5251)

Discount & Variety Stores -- Retail (5330) Dry Goods and General Merchandise -- Retail(5391)



157



Bakeries -- Retail (5460) Automobile Parts & Supplies -- Retail (5520)

Tires -- Retail (5521) Gasoline Service Stations -- Retail (5530)

Apparel, Shoes, & Accessories -- Retail(5600)

Furniture & Home Furnishings -- Retail(5711)

China, Glassware, & Metalware -- Retail(5714)

Appliances & Electronics (Household) --Retail (5720)

Musical Instruments & Supplies -- Retail(5732)

Restaurants (excluding drive-ins) (5811)

Drugs & Proprietary -- Retail (5910) Liquor -- Retail (5920)

Antiques -- Retail (5931) Second-Hand Merchandise -- Retail (5932)

Books & Stationary -- Retail (5940) Sporting Goods & Bicycles -- Retail (5951)

Jewelry -- Retail (5970) Florists -- Retail (5991)

Cigarettes & Cigars -- Retail (5992) Magazines & Newspapers -- Retail (5993)

Cameras & Photographic Supplies -- Retail(5994)

Gifts, Novelties & Souvenirs -- Retail (5995)

Hobby Supplies -- Retail (5997) Pets & Pet Grooming -- Retail (5998)

Banking Services (6111) Credit Unions & Agricultural, Business, &Personal Credit Services (6122)

Security & Commodity Brokers, Dealers,Exchanges & Services (6130)

Insurance Agents & Brokers Service (6142)

Real Estate Agents, Brokers, & AbstractingServices (6150)

Investment and Holding Services (6160)

Dry Cleaning & Laundering Services(Cleaning On-Site) (6211)


Alteration, Tailoring, & Garment RepairServicing (6251)


158

Shoe Repair, Shoe Shining, & Hat CleaningService (6253)

Advertising Services (6310)

Credit Reporting, Adjustment & CollectionServices (6320)

Stenographic, Duplicating, & MailingServices (6339)

News Syndicate Services (6350) Employment Services (6360)

Business Offices Not Listed Elsewhere(6390)


Detective & Protective Service (6393) Photofinishing Services (6395)

Motion Picture Distribution Services (6398) Locksmith Services (6399)

Electrical Repair Services (includingtelevision, radio, & appliances) (6491)

Watch, Clock, & Jewelry Repair Service(6493)

Medical, Dental, & Chiropractic Services(6510)

Legal Services (6520)

Engineering, Planning, & ArchitecturalProfessional Services (6591)

Accounting & Bookkeeping Services (6593)

Professional Offices Not Listed Elsewhere(6599)

Social Correctional, Treatment, & CounselingServices (6742)

Day Care Centers (6811) Schools, Professional & Business (6823)

Schools, Art-Music-Dance (6834 & 6835) Churches, Synagogues & Temples (6911)

Welfare & Charitable Services (6920) Business Associations (6991)

Museums (7112) Theaters, Motion Picture, Indoor (7212)

Swimming Pools (Public or Commercial)(7432)

Parks & Playgrounds -- Public (7610)


159


Telephone Relay Towers (4712) (II) Private Clubs (5821) (III)

Photographic Studios & Services (6220) (III) Cemeteries & Mausoleums (6242) (I)

Armed Forces Reserve Center (6757) (III) Art Galleries & Artists Studios (7113) (III)






Dwelling, Multi-Family (1130) Dormitories, College (1232)

Jewelry & Precious Metals -- Manufacturing(3911)

Bottled Gas -- Retail (5983)

Ice Retail (5985) Auditoriums & Exhibition Halls (7230)

Non-Illuminated Business Signs Illuminated (including Animated or Flashing)Business Signs

Section 4 CONDITIONAL ACCESSORY USES -- The following use is permitted inDistrict B-1 as an accessory use, but a conditional use permit is required:


ARTICLE X -- USES PERMITTED IN DISTRICT B-2 (GENERAL BUSINESS)


Boarding and Rooming Houses (1210) Motels, Hotels, & Tourist Courts (1510)

Candy & Other Confectionary Products --Manufacturing (2171)

Print Shops (Instant or Quick Shops) (2741)

160

Business Forms -- Manufacturing (2750) Lapidary Work (3913)

Railroad Rights-of-way (4111) Bus Passenger Terminals (4211)

Taxicab Dispatch & Maintenance (4291) Parking Lots (4600)

Telephone Exchange Stations (4711) Telegraph Communications (4720)

Radio Broadcasting Studios (4731) Television Broadcasting Studios (4741)

Cable Television Maintenance Yard (4743) Radio & Television Broadcasting Studios(Combined) (4751)

Travel Arranging Services (4923) Agricultural Chemicals & Fertilizers --Wholesale (5129)

Dry Goods and Apparel–Wholesale (5130) Groceries & Food Products -- Wholesale(5140)

Farm Products -- Wholesale (5150) Electronic Parts & Equipment -- Wholesale(5160)

Appliances (Electrical), Televisions, TapePlayers, Radio Sets -- Wholesale (5162)

Hardware -- Wholesale (5171)

Plumbing & Heating Equipment & Supplies -- Wholesale (5172)

Air Conditioning, Refrigerated Equipment, &Supplies -- Wholesale (5173)

Commercial & Industrial Machinery,Equipment, & Supplies -- Wholesale (5181)

Farm Machinery & Equipment -- Wholesale(5182)

Professional Equipment & Supplies --Wholesale (5183)

Equipment & Supplies for ServiceEstablishment -- Wholesale (5184)

Transportation Equipment & Supplies(excluding Motor Vehicles) -- Wholesale(5185)

Alcoholic Beverages, Beer, & Wine --Wholesale (5195)

Paper & Paper Products–Wholesale (5196) Books, Magazines, & NewspapersDistributing -- Wholesale (5199)

Lumber Yards & Building Materials -- Retail(5210)

Heating & Plumbing Equipment & Supplies -- Retail (5220)

Paint, Glass, & Wallpaper -- Retail (5230) Electrical Supplies -- Retail (5240)

161

Hardware & Farm Supplies -- Retail (5251) Farm Machinery & Equipment -- Retail(5252)

Fertilizers -- Retail (5254) Construction Equipment -- Retail (5260)

Home Improvement Centers (5261) Department Stores -- Retail (5310)

Mail Order Houses -- Retail (5320) Discount & Variety Stores -- Retail (5330)

Vending Machine Operators–Retail (5340) Dry Goods and General Merchandise -- Retail(5391)



Fish & Seafoods -- Retail (5422) Farmers Market (5429)

Fruits & Vegetables -- Retail (5430) Candy, Nut, & Confectionary -- Retail (5440)

Dairy Products -- Retail (5450) Bakeries -- Retail (5460)

Automobile & Other Motor Vehicle -- Retail(5511)

Automobile Parts & Supplies -- Retail (5520)

Tires -- Retail (5521) Gasoline Service Stations–Retail (5530)

Aircraft & Accessories -- Retail (5592) Apparel, Shoes, & Accessories -- Retail(5600)

Furniture & Home Furnishings -- Retail(5711)

China, Glassware, & Metalware -- Retail(5714)

Appliances & Electronics (Household) --Retail (5720)

Musical Instruments & Supplies -- Retail(5732)

Restaurants (excluding drive-ins) (5811) Restaurants (Drive-Ins) (5812)

Drugs & Proprietary -- Retail (5910) Liquor -- Retail (5920)

Antiques -- Retail (5931) Second-Hand Merchandise -- Retail (5932)

Books & Stationary -- Retail (5940) Sporting Goods & Bicycles -- Retail (5951)

Bait Shops (5953) Feeds, Grains, & Hay -- Retail (5961)

162

Garden Supplies & Landscape Nursery --Retail (5962)

Jewelry -- Retail (5970)

Fuel Oil -- Retail (5982) Ice -- Retail (5985)

Retail Trades Not Listed Elsewhere (5990) Florists -- Retail (5991)

Cigarettes & Cigars -- Retail (5992) Magazines & Newspapers -- Retail (5993)

Cameras & Photographic Supplies -- Retail(5994)

Gifts, Novelties, & Souvenirs -- Retail (5995)

Hearing Aids, Optical Goods, OrthopedicAppliances & Similar Devices -- Retail(5996)

Hobby Supplies -- Retail (5997)

Pets & Pet Grooming -- Retail (5998) Monuments -- Retail (5999)

Banking Services (6111) Credit Unions & Agricultural, Business, &Personal Credit Services (6122)

Security & Commodity Brokers, Dealers,Exchanges, & Services (6130)

Insurance Agents & Brokers Service (6142)

Real Estate Agents, Brokers, & AbstractingServices (6150)

Investment and Holding Services (6160)

Dry Cleaning & Laundering Services(Cleaning On-Site) (6211)

Carpet & Rug Cleaning & Repair Services(6215)

Barber & Beauty Services (6230) Funeral, Mortuary, & Crematory Services(6241)

Alteration, Tailoring, & Garment RepairServicing (6251)


Fur Repair & Storage Service (6252) Shoe Repair, Shoe Shining, & Hat CleaningService (6253)

Health & Exercise Spa (6261) Advertising Services (6310)

Outdoor Advertising Services (6312) Credit Reporting, Adjustment, & CollectionServices (6320)

Photocopying & Blueprinting Services (6332) Stenographic, Duplicating, & MailingServices (6339)

163

Exterminating & Disinfecting Services (6342) Lawn Care Services (6343)

Janitorial Services (6344) News Syndicate Services (6350)

Employment Services (6360) Food Lockers & Refrigerated Storage (6374)

Warehousing of Personal Goods (IndividualAccess) (6378)

Business Offices Not Listed Elsewhere(6390)


Detective & Protective Service (6393)

Equipment Rental & Leasing Services (6394) Photofinishing Services (6395)

Automobile & Truck Rental Services (6397) Motion Picture Distribution Services (6398)

Locksmith Services (6399) Automobile & Other Motor Vehicle -- Repair(6411)

Automobile & Truck Wash Services (6412) Electrical Repair Services (includingtelevision, radio, & appliances) (6491)


Furniture Repair & Reupholstery Service(6494)

Bicycle Repair Shops (6498) Repair Services Not Listed Elsewhere (6499)

Medical, Dental, & Chiropractic Services(6510)

Hospital & Medical Clinics (IncludingRehabilitation Clinics) (6513 & 6517)

Sanitarium (6516) Legal Services (6520)

Engineering, Planning, & ArchitecturalProfessional Services (6591)

Accounting & Bookkeeping Services (6593)

Professional Offices Not Listed Elsewhere(6599)

Building Construction Contractors (6611)

Carpentry & Wood Flooring Services (6625) Landscape Contracting Services (6630)

Social Correctional, Treatment & CounselingServices (6742)

Armed Forces Reserve Center (6757)

Day Care Centers (6811) Schools, Universities & Colleges (6821)

Schools, Professional & Business (6823) Schools, Trade, Technical & Vocational(6831)

164

Schools, Art-Music-Dance (6834 & 6835) Churches, Synagogues & Temples (6911)

Welfare & Charitable Services (6920) Business Associations (6991)

Labor Union & Similar Labor Organizations(6993)

Civic, Social & Fraternal Organizations(6994)

Museums (7112) Zoos, Aquariums, & Botanical Gardens(7120)

Theaters, Motion Picture, Indoor (7212) Auditoriums & Exhibition Halls (7230)

Penny Arcades & Amusement Centers(Indoors) (7391)

Golf Courses -- Miniature (7392)

Golf Driving Range (7393) Skating Rinks (7414 & 7415)

Bowling (7417) Community & Recreation Centers (7424)


Swimming Pools (Public or Commercial)(7432)

Marinas & Boat Rentals (7440) Country Club & Athletic Clubs (7450)

Parks & Playgrounds -- Public (7610) Veterinarian Services, Indoor Only -- SmallAnimals (8221)



Telephone Relay Towers (4712) (II) Private Clubs (5821) (III)

Taverns & Nightclubs (including Dance halls)(5822) (III)

Bottled Gas -- Retail (5983) (IV)

Photographic Studios & Services (6220) (III) Cemeteries & Mausoleums (6242) (I)

Massage Services (6242) (III) Research, Development, & Testing Service(6391)

Art Galleries & Artists Studios (7113) Amphitheaters (7211) (III)

165

Theaters, Motion Picture, Outdoor (7213)(III)

Theaters, Performance, Indoor (7214) (III)

Race Tracks & Courses -- Animal (7223) (III) Race Tracks & Courses -- Vehicle (7224) (III)

Fairgrounds (7311) (III) Amusement Parks & Go-Cart Tracks (7312)(III)



Athletic Fields (Private) (7423) (I) All Other Non-Illuminated Wall or ProjectingSigns (I)




Dwelling, Multi-Family (1130) Dormitories, College (1232)

Jewelry & Precious Metals -- Manufacturing(3920)

Green Houses (Raising of Plants &Wholesale) (8291)


ARTICLE XI -- USES PERMITTED IN DISTRICT M-1 (LIGHT INDUSTRIAL)

Section 1 PRIMARY USES -- The following uses are permitted in District M-1 as primaryuses without a conditional use permit being required:

Motels, Hotels, & Tourist Courts (1510) Bakery Products -- Manufacturing (2150)

Candy & Other Confectionery Products --Manufacturing (2171)

Beverage Manufacturing -- Nonalcoholic(2180)

Beverage Manufacturing–Alcoholic (2180) Coffee Roasting & Coffee Products --Manufacturing (2195)

166

Ice -- Manufacturing (2197) Knit Goods -- Manufacturing (2220)

Yarns & Threads -- Manufacturing (2250) Hats, Caps, & Millinery (2350)

Apparel & Accessories -- Manufacturing(2380)

Cabinet Making -- Manufacturing (2439)

Pattern Shop (2499) Boxes & Paperboard Containers --Manufacturing (2650)

Periodicals -- Printing & Publishing (2720) Books -- Publishing & Printing (2730)

Printing, Commercial (2740) Business Forms, Manufacturing (2750)

Bookbinding & Miscellaneous Related Work-- Manufacturing (2772)

Photoengraving & Electrotyping (2782 &2783)

Cosmetics, Perfumes, & Other Toiletries --Manufacturing (2844)

Office, Computing, & Accounting Machines -- Manufacturing (3427)

Appliances & Electronics (household) --Manufacturing (3433)

Electric Lighting & Wiring Equipment --Manufacturing (3434)

Communication Equipment -- Manufacturing(3436)

Electronic Components & Accessories --Manufacturing (3437)

Boat Building & Repair Services (3443) Machine Shop -- Manufacturing (3450)

Optical Instruments & Lenses --Manufacturing (3530)

Medical & Dental Instruments & Apparatus --Manufacturing (3541)

Orthopedic, Prosthetic & Surgical Appliances& Supplies -- Manufacturing (3542)

Ophthalmic Goods -- Manufacturing (3550)

Clocks, Watches, Clockwork-operatedDevices & Parts -- Manufacturing (3570)

Lapidary Work (3913)

Musical Instruments & Parts --Manufacturing (3920)

Athletic, Amusement & Sporting Foods, &Toys -- Manufacturing (3930)

Pens, Pencils & Other Office & Artists’ Materials -- Manufacturing (3940)

Costume Jewelry, Novelties, Buttons, &Miscellaneous Notions -- Manufacturing(3950)

Brooms & Brushes -- Manufacturing (3991) Signs & Advertising Displays --Manufacturing (3997)

167

Umbrellas, Parasols, and Canes --Manufacturing (3998)

Railroad Rights-of-way (4111)

Bus Garaging & Equipment Maintenance(4214)

Taxicab Dispatch & Maintenance (4291)

Parking Lots (4600) Telephone Exchange Stations (4711)

Telegraph Communications (4720) Radio Broadcasting Studios (4731)

Television Broadcasting Studios (4741) Cable Television Maintenance Yard (4743)

Radio & Television Broadcasting Studios(Combined) (4751)

Motor Vehicles & Equipment -- Wholesale(5110)

Drugs, Chemical, & Druggist Sundries --Wholesale (5121)

Agricultural Chemicals & Fertilizers --Wholesale (5129)

Dry Goods & Apparel -- Wholesale (5130) Groceries & Food Products -- Wholesale(5140)

Farm Products -- Wholesale (5150) Electronic Parts & Equipment -- Wholesale(5160)



Plumbing & Heating Supplies -- Wholesale(5172)

Air Conditioning, Refrigerated Equipment &Supplies -- Wholesale (5173)

Commercial & Industrial Machinery,Equipment, & Supplies -- Wholesale (5181)





Alcoholic Beverages, Beer, & Wine --Wholesale (5195)

Paper & Paper Products–Wholesale (5196) Furniture & Home Furnishings -- Wholesale(5197)

Books, Magazines, & Newspaper Distributing-- Wholesale (5199)


168


Paint, Glass, & Wallpaper -- Retail (5230)

Electrical Supplies -- Retail (5240) Hardware & Farm Supplies -- Retail (5251)

Farm Machinery & Equipment -- Retail(5252)

Fertilizers -- Retail (5254)

Construction Equipment -- Retail (5260) Home Improvement Centers (5261)

Mail Order Houses -- Retail (5320) Vending Machine Operators -- Retail (5340)

Gasoline Service Stations -- Retail (5530) Recreational Vehicle & Equipment (5540)

Mobile Homes & Accessories -- Retail (5570) Aircraft & Accessories -- Retail (5592)

Monuments -- Retail (5999) Linen Supply & Industrial Laundry Service(6212)


Fur Repair & Storage Service (6252)

Outdoor Advertising Services (6312) Photocopying & Blueprinting Service (6332)

Exterminating & Disinfecting Services (6342) Lawn Care -- Services (6343)

Janitorial Services (6344) Farm Products Warehousing & Storageexcluding Stockyards (6371)

Food Lockers & Refrigerated Storage (6374) Warehousing of Household Goods (6375)

Warehousing of Nonhazardous Products(6376)

Equipment Rental & Leasing Services (6394)

Photofinishing Services (6395) Automobile & Truck Rental Services (6397)

Locksmith Services (6399) Automobile & Truck Wash Services (6412)



Furniture Repair & Reupholstery Service(6494)

Medical & Dental Laboratory Services (6514)

Building Construction Contractors (6611) Carpentry & Wood Flooring Services (6625)

Water Well Drilling Services (6628) Welding & Blacksmith Services (6629)

169

Landscape Contracting Services (6630) Prisons & Correctional Facilities (Public)(6741)

Armed Forces Reserve Center (6757) Schools, Trade, Technical & Vocational(6831)

Auditoriums & Exhibition Halls (7230) Parks & Playgrounds -- Public (7610)

Apiary Farms & Processing (8193) Agricultural Processing (8210)

Green Houses (raising of plants & Wholesaleonly) (8291)

Section 2 CONDITIONAL USES -- The following uses are permitted in District M-1 asprimary uses, but conditional use permits are required:

Vitreous China Fixtures, China & BathroomAccessories -- Manufacturing (3251) (IV)

Porcelain Electrical Supplies --Manufacturing (3254) (IV)

Other Pottery and Related Products --Manufacturing (3259) (IV)

Concrete Products -- Manufacturing (3262)(IV)

Concrete, Ready-Mix Plants (3263) (IV) Lime Products -- Manufacturing (3264) (IV)

Gypsum Products -- Manufacturing (3265)(IV)

Stone Products & Cut Stone -- Manufacturing(3270) (IV)

Electrical Transmission & DistributionEquipment -- Manufacturing (3431) (IV)

Aircraft & Parts -- Manufacturing (3442) (IV)

Motorcycles, Bicycles, & Parts --Manufacturing (3445) (IV)

Other Fabricated Metal Products --Manufacturing (3490) (IV)

Engineering, Laboratory & ScientificInstruments & Equipment -- Manufacturing(3510) (III)

Instruments for measuring, controlling, andindicating physical characteristics --Manufacturing (3520) (III)

Photographic Equipment & Supplies --Manufacturing (3560) (III)

Telephone Relay Towers (4712) (II)

Gas Storage & Distribution Points (4823)(IV)


170

Building Materials & Lumber -- Wholesale(5199) (IV)

Farmers Market (5429) (I)

Bottled Gas -- Retail (5983) (IV) Cemeteries & Mausoleums (6242) (I)


Prisons & Correctional Facilities (Private)(6749) (IV)

Art Galleries & Artists Studios (7113) (III) Amphitheaters (7211) (III)


Race Tracks & Courses -- Vehicle (7224) (III) Fairgrounds (7311) (III)

Amusement Parks & Go-Cart Tracks (7312 &7394) (III)






Section 3 ACCESSORY USES -- The following uses are permitted in District M-1 asaccessory uses without a conditional use permit being required:


Section 4 CONDITIONAL ACCESSORY USES -- The following use is permitted inDistrict M-1 as an accessory use, but a conditional use permit is required:


ARTICLE XII -- USES PERMITTED IN DISTRICT M-2 (HEAVY INDUSTRIAL)

Section 1 PRIMARY USES -- The following uses are permitted in District M-2 as primaryuses without a conditional use permit being required:

Dairy Products -- Manufacturing (2120) Canning & Preserving of fruits, vegetables, &seafoods -- Manufacturing (2130)

171

Grain Mill Products–Manufacturing (2140) Bakery Products–Manufacturing (2150)

Sugar Refining -- Manufacturing (2160) Candy & Other Confectionery Products --Manufacturing (2171)

Beverage Manufacturing -- Nonalcoholic(2180)

Beverage Manufacturing Alcoholic (2180)

Oil Milling (2190) Coffee Roasting & Coffee Products --Manufacturing (2195)

Ice -- Manufacturing (2197) Noodles, Macaroni, Spaghetti, & Vermicelli -- Manufacturing (2198)

Cotton, Manmade Fibers, Silk, & Wool --Weaving & Manufacturing (2210)

Knit Goods -- Manufacturing (2220)

Dyeing & Finishing of Textiles (2230) Carpet & Rug -- Manufacturing (2240)

Yarns & Threads -- Manufacturing (2250) Other Textile Goods -- Manufacturing (2290)

Hats, Caps & Millinery -- Manufacturing(2350)

Leather Tanning & Products -- Manufacturing(2361)

Shoe Manufacturing (2364) Leather Gloves & Mittens (2365)

Luggage -- Manufacturing (2366) Handbags & Other Personal Leather Goods --Manufacturing (2367)

Fur Goods -- Manufacturing (2370) Apparel & Accessories (2380)

Other Textile Goods -- Fabricated (2390) Logging Camps & Logging Contractors(2410)

Saw Mills & Planing Mills, General --Manufacturing (2421)

Millwork -- Manufacturing (2431)

Plywood & Veneer -- Manufacturing (2432) Prefabricating Wooden Buildings &Structural Members -- Manufacturing (2433)

Mobile Homes -- Manufacturing (2439) Cabinet Making -- Manufacturing (2439)

Wooden Containers–Manufacturing (2440) Wood Preserving -- Manufacturing (2491)

Pattern Shop (2499) Furniture -- Manufacturing (2510)

172

Shades & Venetian Blinds -- Manufacturing(2591)

Pulp–Manufacturing (2610)

Paperboard -- Manufacturing (2630) Converted Paper & Paperboard Products --Manufacturing (2640)

Boxes & Paperboard Containers --Manufacturing (2650)

Building Paper & Building Board --Manufacturing (2660)

Newspapers -- Publishing & Printing (2710) Periodicals -- Printing & Publishing (2720)

Books -- Publishing & Printing (2730) Printing, Commercial (2740)

Business Forms -- Manufacturing (2750) Bookbinding & Miscellaneous Related Work-- Manufacturing (2772)

Photoengraving & Electrotyping (2782 &2783)

Cosmetics, Perfumes, & Other Toiletries --Manufacturing (2844)

Asphalt Mixing Plants (2920) Paving Mixtures–Manufacturing (2921)

Asphalt Felts & Coatings -- Manufacturing(2922)

Tires & Inner Tubes -- Manufacturing (3110)

Rubber Footwear -- Manufacturing (3120) Reclaiming Rubber (3130)

Other Rubber Products, Fabricated --Manufacturing (3190)

Glass, Flat -- Manufacturing (3210)

Glass & Glassware -- Manufacturing (3220) Brick & Structural Clay Products --Manufacturing (3240)

Vitreous China Fixtures, China, & BathroomAccessories -- Manufacturing (3251)

Porcelain Electrical Supplies --Manufacturing (3254)

Other Pottery and Related Products --Manufacturing (3259)

Concrete Products -- Manufacturing (3262)

Concrete, Ready-Mix Plants (3263) Lime Products, Manufacturing (3264)

Gypsum Products -- Manufacturing (3265) Stone Products & Cut Stone -- Manufacturing(3270)

Abrasive & Miscellaneous Non-metallicMineral Production -- Manufacturing (3280)

Electrometallurgical Production & Processing-- Manufacturing (3312)

173

Steel Wire Drawing, Steel Nails, & Pipes --Manufacturing (3313)

Foundries, Iron & Steel -- Manufacturing(3320)

Extrusion, Drawing, & rolling of NonferrousMetals -- Manufacturing (3350)

Foundries, Nonferrous Metals --Manufacturing (3360)

Office, Computing, & Accounting Machines -- Manufacturing (3427)

Electrical Transmission & DistributionEquipment -- Manufacturing (3431)

Appliances & Electronics (household) --Manufacturing (3433)

Electric Lighting & Wiring Equipment --Manufacturing (3434)

Communication Equipment -- Manufacturing(3436)

Electronic Components & Accessories --Manufacturing (3437)

Automobile & Other Motor Vehicle &Equipment -- Manufacturing (3441)

Aircraft & Parts -- Manufacturing (3442)

Boat Building & Repair Services (3443) Motorcycles, Bicycles, & Parts --Manufacturing (3445)

Machine Shop -- Manufacturing (3450) Other Fabricated Metal Products --Manufacturing (3490)

Engineering, Laboratory, & ScientificInstruments & Equipment -- Manufacturing(3510)

Instruments for Measuring, Controlling, &Indicating Physical Characteristics --Manufacturing (3520)

Optical Instruments & Lenses --Manufacturing (3530)

Medical & Dental Instruments & Apparatus --Manufacturing (3541)

Orthopedic, Prosthetic & Surgical Appliances& Supplies -- Manufacturing (3542)

Ophthalmic Goods -- Manufacturing (3550)

Photographic Equipment & Supplies --Manufacturing (3560)

Clocks, Watches, Clockwork-operatedDevices & Parts -- Manufacturing (3570)

Salvage Yard (3610) Jewelry & Precious Metals -- Manufacturing(3911)

Silverware & Plated Ware -- Manufacturing(3914)

Musical Instruments & Parts --Manufacturing (3920)

174

Athletic, Amusement & Sporting Goods &Toys -- Manufacturing (3930)

Pen’s Pencils & Other Office & Artists’s Materials -- Manufacturing (3940)

Costume Jewelry, Novelties, Buttons, &Miscellaneous Notion -- Manufacturing(3950)

Tobacco -- Manufacturing (3960)

Brooms & Brushes -- Manufacturing (3991) Signs & Advertising Displays --Manufacturing (3997)

Umbrellas, Parasols, and Canes --Manufacturing (3998)

Railroad Rights-of-ways (4111)

Railroad Yards & Terminals (4112) Bus Garaging & Equipment Maintenance(4214)

Motor Freight Terminals (4221) Motor Freight Garaging & EquipmentMaintenance (4222)

Road & Utility Maintenance Yards (4510) Parking Lots (4600)

Telephone Exchange Stations (4711) Electric Generation Plants (excluding nuclearpower plants) (4812)

Motor Vehicles & Equipment -- Wholesale(5110)

Drugs, Chemical, & Druggist Sundries --Wholesale (5121)

Agricultural Chemicals & Fertilizers --Wholesale (5129)

Dry Goods & Apparel -- Wholesale (5130)

Groceries & Food Products -- Wholesale(5140)

Farm Products -- Wholesale (5150)

Livestock -- Wholesale (5156) Electronic Parts & Equipment -- Wholesale(5160)



Plumbing & Heating Equipment & Supplies -- Wholesale (5172)

Air Conditioning, Refrigerated Equipment &Supplies -- Wholesale (5173)

Commercial & Industrial Machinery,Equipment & Supplies -- Wholesale (5181)


175




Metals & Minerals, except PetroleumProducts & Scrap -- Wholesale (5191)

Petroleum Bulk Stations & Terminals (5192) Scrap & Waste Materials Nonmetallic --Wholesale (5193)

Alcoholic Beverages, Beer & Wine --Wholesale (5195)

Paper & Paper Products -- Wholesale (5196)

Furniture & Home Furnishings -- Wholesale(5197)

Liquid Petroleum Gas -- Wholesale (5199)

Building Materials & Lumber -- Wholesale(5199)

Books, Magazines, & Newspaper Distributing-- Wholesale (5199)



Paint, Glass, & Wallpaper -- Retail (5230) Electrical Supplies -- Retail (5240)

Hardware & Farm Supplies -- Retail (5251) Farm Machinery & Equipment -- Retail(5252)

Fertilizers -- Retail (5254) Construction Equipment -- Retail (5260)

Home Improvement Centers (5261) Mail Order Houses -- Retail (5320)

Farmers Market (5429) Gasoline Service Stations–Retail (5530)

Recreational Vehicle & Equipment (5540) Mobile Homes & Accessories -- Retail (5570)

Aircraft & Accessories -- Retail (5592) Feeds, Grains & Hay -- Retail (5961)

Bottled Gas -- Retail (5983) Linen Supply & Industrial Laundry Service(6212)


Fur Repair & Storage Service (6252)

Exterminating & Disinfecting Service (6342) Farm Products Warehousing & Storageexcluding Stockyards (6371)

176

Food Lockers & Refrigerated Storage (6374) Warehousing of Household Goods (6375)

Warehousing of Nonhazardous Products(6376)

Warehousing of Personal Goods (IndividualAccess) (6378)

Equipment Rental & Leasing Services (6394) Automobile & Other Motor Vehicles -- BodyShop (6414)


Medical & Dental laboratory Services (6514)

Building Construction Contractors (6611) Carpentry & Wood Flooring Services (6625)

Water Well Drilling Services (6628) Welding & Blacksmith Services (6629)

Prisons & Correctional Facilities (Public)(6741)

Armed Forces Reserve Center(6757)

Churches, Synagogues, & Temples (6911) Amphitheaters (7211)

Auditoriums & Exhibition Halls (7230) Fairgrounds (7311)

Parks & Playgrounds -- Public (7610) Green Houses (raising of plants & wholesaleonly) (8291)

Section 2 CONDITIONAL USES -- The following uses are permitted in District M-2 asprimary uses, but conditional use permits are required:

Meat Products -- Manufacturing (2110) (IV) Animal & Marine Fats & Oils, Rendering --Manufacturing (2194) (IV)

Shortening, Table Oils, Margarine, & OtherEdible Fats & Oils -- Manufacturing (2196)(IV)

Hardware Dimension & Flooring --Manufacturing (2422) (IV)

Chemicals, Industrial Organic & Inorganic --Manufacturing (2810) (IV)

Plastics & Synthetic Resins, Synthetic Rubber& Other Manmade Fibers -- Manufacturing(2820) (IV)

Drugs -- Manufacturing (2830) (IV) Biological Products -- Manufacturing (2831)(IV)

177

Soaps & Detergents (except specialtycleaners) -- Manufacturing (2841) (IV)

Cleaning, Polishing, & SanitationPreparations except soap -- Manufacturing(2842) (IV)

Paints, Varnishes, Lacquers, Enamels, &Allied Products -- Manufacturing (2850) (IV)

Gum & Wood Chemicals -- Manufacturing(2860) (IV)

Agriculture Chemicals & Fertilizers --Manufacturing (2870) (IV)

Radioactive Materials, Processing, Storage, &Disposal (2880) (IV)

Other Chemical Products -- Manufacturing(2890) (IV)

Petroleum Refining (2910) (IV)

Greases & Lubricating Oils (2991) (IV) Steel Works, Blast Furnaces, & Rolling ofFerrous Metals (3311) (IV)

Smelting & Refining of Nonferrous Metals(3330) (IV)

Guns, Ammunition, & Ordinance --Manufacturing (3410) (IV)

Railroad Equipment -- Manufacturing (3444)(IV)

Linoleum, Asphalted-felt-base & Other HardSurface Floor Covering -- Manufacturing(3992) (IV)

Matches -- Manufacturing (3993) (IV) Morticians Goods -- Manufacturing (3995)(IV)

Fur Dressing & Dyeing -- Manufacturing(3996) (IV)

Airports & Passenger Terminals (4310) (IV)

Aircraft Storage & Equipment Maintenance(4315) (IV)

Telephone Relay Towers (4712) (II)

Nuclear Power Plants (4819) (IV) Gas Production Plants (4822) (IV)

Gas Storage & Distribution Points (4823)(IV)


Sewage Disposal (4840) (IV) Solid Waste Disposal (4850) (IV)

Utility Maintenance Yard (4860) (IV) Cemeteries & Mausoleums (6242) (I)

Stockyards (6372) (IV) Warehousing of Hazardous Products (6377)(IV)

Research Development & Testing Services(6391) (IV)

Prisons and Correctional Facilities (Private)(6749) (IV)

178


Race Tracks & Courses -- Vehicle (7224) (III) Amusement Parks & Go-Cart Tracks (7312 &7394) (III)


Golf Courses (Full Scale & Executive or 3-Par) (7411) (I)

Ranges -- Trap, Skeet, and Rifle (Outdoor)(7419) (III)

Ranges -- Trap, Skeet, and Rifle (Indoor)(7419) (III)

Ranges -- Archery or similar (7419) (III) Quarrying -- Stone, Sand, & Gravel (8540)(IV)


All Other Illuminated (including Animated orFlashing) Walls or Projecting Signs (I)


Section 3 ACCESSORY USES -- The following uses are permitted in District M-2 asaccessory uses without a conditional use permit being required:


Section 4 CONDITIONAL ACCESSORY USES -- The following use is permitted inDistrict M-2 as an accessory use, but a conditional use permit is required:


PART V–LAND EVALUATION AND SITE ASSESSMENT

Section 1 ApplicabilityPrior to action on an application for Zoning District Map Amendment or subdivision within theRural Residential Tier, the Zoning Administrator shall calculate the Land Evaluation and SiteAssessment Score in accordance with this Part V to determine the appropriateness of the timingand location of the proposed development.

179

Section 2 Procedures

.1 The applicant for a Zoning District Map Amendment or subdivision within theRural Residential Tier shall submit the necessary information for the ZoningAdministrator to calculate the LESA score for the proposed development.

.2 Upon receipt of an application, the Zoning Administrator shall calculate thetentative score of the Preliminary Concept Plan. A copy of the tentative scoreshall be provided to the applicant and the Planning and Zoning Commission atleast seven days prior to the date scheduled for consideration of the PreliminaryConcept Plan.

.3 At the time of the consideration of the Preliminary Concept Plan, the applicantmay present information contesting any part of the tentative score. A PreliminaryConcept Plan shall be approved only if it obtains a favorable or neutral score.

Section 3 Evaluation Criteria and Scoring -- The Zoning Administrator shall assignpoints for each of the following factors based on the finding (for example, for factor 1, if 70% ofthe land within one mile of the site is in agricultural use, then the Zoning Administrator shallassign 5 points for that factor). The Zoning Administrator shall then total the points for allfactors to calculate the total score for the project.

Factor# Points Factor/Finding

1) Land Area in an Agricultural Use within one mile of site (%of totalacreage) (Tracts of 25 A or more)

0 All of the land is in Agricultural Use

4 90-99% of the land is in Agricultural Use





2) Land in an Agricultural Use adjacent to the site. (% of total frontage)(Tracts of 25 A or more)

0 75% to 100% of the land is in Agricultural Use




20 0% to 9% is in Agricultural Use

180

Factor# Points Factor/Finding3) Distance from a City with a population greater than 1,000

0 Over 3 miles from City

4 2.5 to 3.0 miles from City




20 Less than 0.75 miles from City

4) Land area zoned for agricultural use within one mile of the site (% oftotal acreage).

0 90% to 100%

5 75% to 89 %

10 50% to 74%

15 25% to 49%

20 24% to 0%

5) Land area zoned for agricultural use adjacent to the site.

0 The 100% of surrounding site is zoned A.

5 One side of the site is zoned non-agricultural.

10 Two sides of the site are zoned non-agricultural use.

15 Three sides of the site are zoned in a non-agricultural use.

20 All land adjacent to the site is zoned in non-agricultural use.

6) Compatibility of proposed zoning use with surrounding zoning use:

0 Not compatible with surround uses

5 Conflicts with uses on three (3) sides

10 Conflicts with uses on two (2) sides

15 Conflicts with uses on one (1) side

20 Compatible with surrounding uses

7)Environmental considerations (encroachment into areas of floodhazards, wetlands, aquifer recharge area, threatened or endangeredwildlife habitat).

0 Major negative impact (more than 50% of site encroaches)

5 Substantial negative impact (20% to 50% of the site encroaches)

10 Minor negative impact (10% to 19% of the site encroaches)

20 No negative impact (less than 10% encroaches)

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Factor# Points Factor/Finding8) Road Surfacing

0 Over 1.0 miles to a hard surface road

10 From 0.5 miles to 1. 0 miles to a hard surface road

15 From 0.25 to 0.49 miles to a hard surface road.

20 Less than 0.25 miles to a hard surface road.

9) Degree to which the sites' soils are not suitable for septic systems

0 Severe

10 Moderate

15 Slight

10) Degree to which the sites soils are not suitable for basements and slabs

0 Severe

10 Moderate

15 Slight

11) Availability of a public water system.

0 No access to public water line or a well on property

5 Access to well on property

10 Access to less than 6 inch water line

15 Access to 6 - 8 inch water line

20 Access to a more than 8 inch water line.

12) Distance from fire station serving the parcel in question.

0 Over 4 miles from the responding Fire District Station

3 Between 3.5 and 4 miles from the responding Fire District Station.

6 Between 3 and 3.49 miles from the responding Fire District Station.

9 Between 2.5 and 2.99 miles from the responding Fire District Station.


15 Between 1.5 and 1.99 miles from the responding Fire District Station.


20 Less than 1 mile from the responding Fire District Station.

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Factor# Points Factor/Finding

13) Distance from EMS serving the parcel in question.

0 Over 4 miles from the responding EMS Responding Station

3 Between 3.5 and 4 miles from the responding EMS Responding Station.

6 Between 3 and 3.49 miles from the responding EMS Responding Station.

9 Between 2.5 and 2.99 miles from the responding EMS Responding Station.


15 Between 1.5 and 1.99 miles from the responding EMS Responding Station.


20 Less than 1 mile from the responding EMS Responding Station.

14) Distance from Elementary and Secondary Schools.0 Over 4 miles from the Elementary and/or Secondary Schools3 Between 3.5 and 4 miles from the Elementary and/or Secondary Schools6 Between 3 and 3.49 miles from the Elementary and/or Secondary Schools

9 Between 2.5 and 2.99 miles from the Elementary and/or Secondary Schools.

12 Between 2 and 2.49 miles from the Elementary and/or Secondary Schools.

15 Between 1.5 and 1.99 miles from the Elementary and/or Secondary Schools.

18 Between 1 and 1.49 miles from the Elementary and/or Secondary Schools.

20 Less than 1 mile from the Elementary and/or Secondary Schools.

Section 4 Passing LESA Score

.1 A LESA score of 140 or greater indicates that conditions generally are appropriatefor approval of development in the proposed location at the current time. If thePreliminary Concept Plan satisfies the other criteria for approval, then there is apresumption that the application should be approved.

.2 A LESA score greater than 100 but less than 140 indicates that conditions aremarginal for the proposed development. Approval of applications scoring in thisrange should be contingent upon satisfying all other criteria for approval and mayrequire special conditions of approval addressing infrastructure needs, land usecompatibility or other factors. There is no presumption either for or againstapproval of the application.

.3 A LESA score of 100 or less indicates that the development is inappropriate at thecurrent location and or time, based on the LESA factors. There is a presumptionthat the application should be denied.

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