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City of Rolla, Missouri
901 North Elm Street
Rolla, MO 65401

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Last modified: 09/19/12

Chapter 42 - Planning & Zoning: Article III - Zoning

Previous Chapter | City Code Index Page


Chapter Contents:

DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS


DIVISION 2. "R-R" RURAL RESIDENTIAL DISTRICT


DIVISION 3. "R-1" SINGLE FAMILY DISTRICT


DIVISION 4. "R-2" TWO FAMILY DISTRICT


DIVISION 5. "R-3" MULTI-FAMILY DISTRICT

SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT

SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT


DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT


DIVISION 7. "C-O" OFFICE DISTRICT


DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT


DIVISION 9. "C-2" GENERAL RETAIL DISTRICT


DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT


DIVISION 11. "CC" CENTER CITY DISTRICT


DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT


DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT


DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT


DIVISION 15. SUPPLEMENTAL REGULATIONS



DIVISION 16. CONDITIONAL USE PERMITS


DIVISION 17. OFF STREET PARKING


DIVISION 18. SIGNS


DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS


DIVISION 20. CHANGES AND AMENDMENTS


DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW



DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION I. USE PERMITS



SUBDIVISION II. PLANNED UNIT DEVELOPMENTS



SUBDIVISION III. REZONING



DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS

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Sec. 42-138. Title and Purpose.

This Article, and the Official Zoning Map made a part hereof, shall be known and may be cited as the Rolla Planning and Zoning Code.

This Article is adopted in order to promote the health, safety, morals, and the general welfare of the community by regulating the height, number of stories, and the size or bulk of buildings and other structures, lot coverage, the size of yards and other open spaces, the density of population and the location and use of buildings and structures for trade, industry, residences or other purposes. Additional purposes include the conservation and protection of property values and the economic use of property as well as the prevention of traffic congestion and the mitigation of adverse environmental impacts from the conduct of business in Rolla. (Ord. 3414)

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Sec. 42-139. Regulated Activities.

(a) Territorial Application of Regulations: The regulations and restrictions in this Article shall apply to all buildings, structures, and land uses within the corporate limits of the City of Rolla, unless otherwise exempted or grand-fathered by other provisions of this Article.

(b) Application to New Uses of Existing Structures: If a use of any building or structure is hereafter changed to another use, then the new use must comply with the use regulations of this Article, but the establishment of a new use does not require an existing building or structure to conform to the lot size, open space or bulk regulations of this Article.

(c) Application for Expansion and Enlargement: If any building or structure is expanded or enlarged after the effective date of this Article:

(1) The entire building or structure shall comply with the use regulations of this Article;

(2) Any expansions or enlargements of a building or structure shall comply with the bulk and open space regulations of this Article, and

(3) The off-street parking facilities shall not be reduced below the minimum requirements applicable to a similar new building, structure or use.

(d) Application to Existing Uses, Buildings and Structures: Any use, building or structure that does not conform to the regulations of this Article, but were lawful and conforming when established or constructed, may continue subject to the restrictions under Division 20, Section 42- 247 pertaining to non-conforming uses.

(e) Application to Existing Variances, Special Exceptions and Use Permits: Variances, special exceptions and use permits granted prior to the effective date of this Article shall remain valid provided the use authorized has been established. However, no such building, structure or use shall be altered, changed or expanded unless a conditional use permit has been granted pursuant to Section 42-234.

(f) Application to Open Land Uses: If any use of open land is established or if any use of open land is changed to another use after the effective date of this Article, such new use shall comply with all of the regulations of this Article. (Ord. 3414)

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Sec. 42-140. Rules of Interpretation.

When referring to this Article, the following rules of interpretation shall be applied, except when the context clearly requires otherwise.

(a) The word shall is always mandatory and not discretionary. The word may is permlsslve.

(b) Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.

(c) The use of the male pronoun includes the use of the female pronoun.

(d) The word person includes individuals, firms, corporations, associations and any other similar entities.

(e) The words parcel, site, or tract are synonymous and are general terms for the description of land.

(f) The word City means the area of jurisdiction of the City of Rolla, Missouri. (Ord. 3414)

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Sec. 42-141. Definitions.

Words found in the text or tables of this Article shall be interpreted in accordance with the provisions set forth in this Section. Where words have not been defined, the standard dictionary definition shall prevail. The following terms are hereby defined:

Accessory structure or building: A structure which is subordinate to and serves a principal structure; is subordinate in area, extent or purpose; and is located on the same lot with the main use or building.

Acre: A measure of land area containing forty three thousand five hundred sixty (43,560) square feet.

Adult day care home: That portion of a residence wherein the owner or occupier of the residence provides care and supervision to meet the needs of up to eight (8) functionally impaired adults for periods of less than twenty-four (24) consecutive hours, without overnight accommodations. (Ord. 3748, §1)

Agricultural activity: The provisions of Chapter 5 Rolla City Code - Animals & Fowl notwithstanding, the production, keeping or maintenance, for sale, lease or personal use, of any bovines or equines, excluding feed lots, stockyards, and animal slaughter or meat processing facilities. (Ord. 3891, §1).

Alley: A public way that extends only secondary means of access to abutting property.

Alteration, structural: Any change in a supporting member of a building.

Apartment: A room or suite of rooms in an apartment house arranged, designed or occupied as the residence of an individual or family.

Apartment structure: Same as "Dwelling, multi-family."

Automobile sales: An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile service station: Any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including minor accessories and services for vehicles.

Automobile wrecking or salvage yard: An open area used for dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories.

Bar: See Tavern.

Basement: A story partly or wholly below grade. For purposes of height measurement a basement shall be counted as a story where more than one-half (1/2) of its height is above the average level of the adjoining ground.

Berm: A mound of earth, typically located in a buffer-yard to shield or block noise, lights or other nuisances.

Boarding, rooming and lodging house: A building other than a motel where lodging and/or meals is provided by the owner or operator for three (3), but not more than five (5) persons for compensation.

Buffer-yard: Land area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one use from another or to limit nuisances.

Building: A structure having a roof supported by columns or walls.

Building codes: The Building Code of the City of Rolla, Missouri together with electrical, plumbing, fire, and any related code(s), including any regulations adopted in conformance therewith.

Building unit, group: Two or more buildings (other than dwellings) grouped upon a lot and held under single ownership, such as universities, hospitals, and institutions.

Building line: A line located a minimum horizontal distance from the center of the street and parallel thereto, beyond which no part of a building shall extend.

Building, front of: The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building, principal: A building in which is conducted the principal use of the lot on which it is situated.

Bulk requirements: Standards that control the height, lot coverage, and location of structures.

Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for resale to distributors or retail dealers or outlets.

Cemetery: Property used for the interring of the dead, including mausoleums.

Child care center: A state licensed child day care facility permitted to serve more than ten (10) unrelated children and required to utilize a commercial grade kitchen.

Child day care: The care of a child away from his own home on either a commercial or noncommercial basis for any part of a twenty- four (24) hour period.

Child care home, family: A state licensed child care facility permitted to serve no more than ten (10) unrelated children.

Child day care home: An unlicensed child day care facility permitted to serve no more than four (4)-unrelated children.

Church: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of religious services and associated accessory uses.

Clinic, medical or dental: An institution or station for the examination and treatment of all ill and affected out patients where overnight lodging is limited to one (1) night.

College: An institution that provides post-secondary educational program, including classrooms, laboratory and administration buildings, libraries, dormitories, dining halls, student centers, auditoriums, chapels, gymnasiums, stadiums, fraternities, sororities, etc.

Community center: A building for social, educational, and recreational activities of a neighborhood or community, provided any such use is not operated primarily for commercial gain.

Community treatment center: Structures and land used for the inpatient and/or outpatient treatment of alcohol and other drug abuse, for the evaluation of treatment needs, and /or for services to family members of patients in a program accredited by the Department of Mental Health/Division of Alcohol and Drug Abuse, the Commission for the Accreditation of Rehabilitation Facilities, the Joint Commission for the Accreditation of Hospitals, or the American Osteopathic Association.

Convenience store: A retail establishment typically having a gross floor area of five thousand (5,000) square feet or less; primarily selling petroleum products, foods, as well as other household goods customarily sold in larger food markets and supermarkets.

Conditional use: A use permitted in a particular zoning district only upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of such use as specified in this Article and authorized by City Council.

Condominium: A building, groups of buildings or property in which units are owned individually and all the owners on a proportional, undivided basis own the common elements.

Curb grade: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this Article.

Dance hall: Any place open to the public in which persons move with either backward, forward or side steps, accompanied by music.

Depth of rear yard: The horizontal distance between the rear line of the main building nearest the rear property line, otherwise the rear lot line.

District: A section of the City of Rolla, for which the regulations governing the areas, heights or uses of buildings or lots are uniform.

Drive-in facility: A facility, typically accessory to a principal use, which encourages or permits customers to order, receive and consume goods and services while remaining in their motor vehicles.

Duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, each with separate toilets and kitchen facilities and intended to function as separate dwelling units with, for example, individual utility meters, addresses, etc., but not including hotels, motels, boarding, rooming and lodging houses; and institutional care facilities.

Dwelling, single-family detached: A detached building surrounded by open space on the same lot designed exclusively for occupancy by one family or a foster home which provides 24-hour care for seven or less unrelated children.

Dwelling, two-family: See Duplex

Dwelling, single-family semi-detached: A dwelling unit attached to one or more dwelling units by common vertical walls without opening, each unit located on a separate lot of record.

Dwelling, multi-family: A building or portion thereof arranged, designed or occupied as a residence by three or more individuals or families having separate quarters and living independently of each other.

Economic hardship: When the landowner cannot economically utilize the property and it is impractical to sell or lease it or no market exists for it at a reasonable price.

Efficiency apartments: A building occupied or designed for living units in apartments containing not less than three hundred (300) square feet per apartment; excluding public halls, corridors, or stairways.

Family: The following living arrangements shall constitute a family:

  1. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
  2. Four (4) or less unrelated persons living as a single housekeeping unit; or
  3. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility, living as a single housekeeping unit.

Domestic servants, employed on the premises, may be housed on the premises without being counted as part of a family. The term family shall not be construed to mean fraternity, sorority, club or institutional group.

Farming or truck gardening: A tract of land cultivated by an owner or tenant for the purpose of supplying provisions or food.

Feedlot: A confined land area for fattening cattle or other animals or temporarily holding such animals for sale or shipping.

Flashing light: A continuously intermittent light or sequential light; but not including animation or lighting that changes the copy of a sign.

Fraternity house: A building maintained exclusively by an incorporated fraternity for fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. (Ord. 4019, §1)

Frontage: All the property fronting on one side of a street between the two nearest intersecting streets, or other natural barriers.

Front lot line: The line of the lot adjacent to the street on interior lots. On corner lots it is the prolongation of the front lot line of an interior lot.

Funeral home: A building used for the preparation of the deceased for burial and display, with ceremonies connected therewith before burial or cremation, but shall not include facilities for cremation.

Garage, private: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenhouses: A building consisting of glazed frames or sashes, used for the purpose of cultivating plants too tender to endure open air.

Gross floor areas: The gross floor area of an apartment house shall be measured by taking an outside dimension of the apartment building at each floor level excluding, however, the floor area of basements or attics when not occupied as living quarters.

Group home, residential: A single family dwelling in which no more than ten ( 10) people reside, comprised of the following: eight or fewer unrelated mentally or physically handicapped persons, no more than two (2) persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the dwelling, and the children of the house parents or guardians.

Guest house: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Height: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher; or if no street grade has been established to the highest point of the roofs surface. In measuring the height of a building the following structures shall be excluded: Chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulk heads, pent houses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.

Home occupation: Same as Customary home occupations.

Hospital: An institution or place where sick or injured patients are given medical or surgical care, whether at public or private expense.

Hospital, animal: An establishment where there are facilities to lodge animals that are being treated by a veterinarian.

Hotel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which, as a rule, the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment, and in which there are more than twelve sleeping rooms.

Hotel apartment: A building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units.

Impervious surface: Any part of a lot that is covered by buildings, structures, parking areas, driveways, and any other surfaces which reduce or prevent absorption of storm water.

Kennel: Any lot or premises on which four or more dogs, more than four months of age, are kept for commercial purposes.

Loading space: An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of these regulations, having not less than the minimum area required by these regulations for a lot in the district in which such land is situated, and having its principal frontage on a street or such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit or certificate of occupancy for a building on such land.

Lot area: The total horizontal area within the boundary lines of a lot.

Lot, corner: A lot situated at the intersection of two or more streets.

Lot, depth: The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

Lot, front of: The front of a lot shall be considered to be that side on the lot that fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street with the greatest number of lots front.

Lot, interior: A lot other than a corner lot.

Lot lines: The lines bounding a lot as defined herein.

Lot of record: A lot that exists as shown or described on a plat or deed in the records of the County Recorder of Deeds and as approved under Chapter 42, Article II, Subdivisions.

Lot, reversed corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot or lots to its rear.

Lot, through or double frontage: A lot having frontage on two parallel or approximately parallel streets.

Lot width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lots lines.

Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Manufactured home: See "Mobile home". (Ord. 3748, §1)

Mobile home: A transportable, factory-built home, designed to be used as a year-round residential dwelling containing the same water supply, waste disposal and electrical conveniences as immobile housing.

Motel: An establishment providing transient accommodations on a daily rate to the general public with at least twenty five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Natural or artificial barrier: Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside.

Non-conforming building: A building or structure or portion thereof lawfully existing at the time this Article became effective, which was designed, erected, or structurally altered for a use that does not conform with the use regulations of the district in which it is located.

Non-conforming use: A use which lawfully occupied a building or land at the time this article became effective and which does not conform with the use regulations of the district in which it is located.

Nurseries: A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated for commercial purposes.

Nursing home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

Office, sales: An accessory office to a principal use where sales are primarily generated by telephone or off site by salespersons with only incidental retail sales on site.

Office, retail/warehouse combination: A facility that provides combined office, retail and warehousing facilities for one or more businesses.

Open space: Area included in any side, rear or front yard of any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, porches or decks. Open space does not include driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership may also be included as open space.

Owner of record: The person, corporation, trustee or other legal entity listed as owner of a premise in the records of the County Recorder of Deeds.

Package liquor store: An establishment where alcoholic beverages are sold for consumption off premises.

Parking space, automobile: Space within a building or a private or public parking area for the parking of one automobile.

Person: Any individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.

Pick-up facility: A facility typically accessory to a commercial establishment designed solely for the distribution of goods ordered before arriving at the establishment.

Premise: A premise is any tract of land which operates as a functional unit regardless of ownership or the number of lots. When developed, a premise has one or more characteristics including shared parking, common management, common identification, common access, or shared circulation systems.

Principal building or structure: A structure, or group of structures, in which the principal use of a premise is located.

Principal use: The primary or predominant use of a premise.

Print shop: A typically small retail establishment whose principal activity is to provide duplicating or document production services using photocopy, blueprint, word processing or offset printing equipment or small printing presses.

Private club: An organization of persons for special purposes or the support of sports, arts, literature, politics and the like.

Rear lot line: The line of the lot opposite the front lot line.

Rear yard: A space unoccupied except by a building or accessory use as hereinafter permitted, extending the full width of the lot between the main building and the rear lot line. Where there is an alley the depth of the rear yard may be measured from the rear lot line.

Restaurant: An establishment where food and drink is prepared and served for consumption on or off premise. If alcoholic beverages are sold, more than fifty (50) percent of gross income must be derived from the sale of food and non-alcoholic beverages for consumption on premise for the establishment to be classified as a restaurant.

Self-service storage facility: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods. (Ord. 3611, §1)

Servants' quarters: An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises, not less than fifty percent of his or her time, and not rented or otherwise used as a separate domicile.

Setback lines: Setback lines of a property are those lines that locate the building on a lot with respect to the property lines.

Side line: Any lot line not a front line or a rear line.

Sorority house: A building maintained exclusively by an incorporated sorority for sorority members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. (Ord. 4019, §1)

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

Story, half: A story under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such story, and which has an average height of not more than eight feet and covering a floor area of not more than seventy-five percent of the area of the floor on the story next below.

Street: A public way that extends primary means of access to abutting properties. No street right-of-way in the City of Rolla shall be less than fifty (50) feet in width.

Street, arterial: Those streets that are used primarily for high to moderate speed, high volume, extended trip length between activity centers traffic. Minimum right-of-way width shall be eighty (80) feet with sixty (60) feet required for an industrial arterial.

Street, collector: A street or road primarily for the carrying of traffic from residential streets to the arterial streets and freeways.

Street, freeway: A divided arterial highway for through traffic with full control of access and generally with grade separations at intersections.

Street, minor residential: A street primarily for access to the abutting properties.

Street width: The horizontal distance between the side lines of a street, measured at right angles to the back of the curb or side lines if no curb exists.

Structure: Anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

Tavern: An establishment where fifty (50) percent or more of gross income is derived from the sale of alcoholic beverages for consumption on premise and where the serving of food and non-alcoholic beverages, as well as the sale of package liquors, are accessory activities.

Tea rooms: An establishment used primarily for the serving of non-alcoholic beverages for consumption on premise, with the sale of food as an accessory activity.

Trailer: Any portable or mobile vehicle on wheels, skids, or rollers not structurally anchored to a foundation, either self-propelled, or propelled by an attached vehicle, animal, person or other propelling apparatus, which is used or may be used as living quarters or for commercial hauling and/or storage purposes, and herein referred to as a trailer.

Trailer or mobile home park: Any plot of ground where accommodation is provided for two or more trailer coaches or mobile homes used as living or sleeping quarters.

Use: The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

Used car safes yard: An area used for the display and sale of used automobiles in operating condition and where no repair work is done except the minor adjustments of the cars to be displayed or sold on the premises.

Width of side yard: The horizontal distance between that portion of the main building nearest the side property line and the side line of the lot.

Yard: An open space other than a court on the same lot between a building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward.

Yard, front: A yard extending across the full width of the lot, between the nearest main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the main building to the nearest point of the front lot line.

Yard, rear: A yard extending the full width of the lot, between the nearest main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building to the nearest point of the rear lot line.

Yard, side: An open unoccupied space between the main building and the side line of the lot extending from the front yard to the rear yard. No part of an alley shall be used as part of the side yard. (Ord. 3414)

Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (Ord. 3414; Ord. 3611, §1; Ord. 3748, §1)

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Sec. 42-142. General Provisions.

(a) Permitted Uses: No building or structure shall be built, moved, expanded or enlarged after the effective date of this Article, and no building, structure or land shall be used, occupied or designed for use or occupancy after the effective date of this Article except in a manner that is permitted by this Article. Existing uses authorized as a special use permit may be continued, but shall not be permitted to expand or change use, except to bring the use into compliance with this Article for the respective zoning district.

(b) Lot Size Requirements: Except as permitted in Section 42-247, no building or structure, or part thereof, existing on the effective date of this Article shall be built, moved, expanded or enlarged, and no vacant land as of the effective date of this Article, shall be used, occupied or designed for occupancy:

  1. On a lot which is smaller in area than the minimum lot area required in the zoning district in which the building, structure, or land is located, or
  2. On a lot which is narrower than the minimum required lot width; or
  3. On a lot which is shallower than the minimum required lot depth.

(c) Bulk Regulations: No building or structure, or part thereof, existing at the effective date of this Article, shall be built, moved, expanded or enlarged and no vacant land at the effective date of this Article shall be used, occupied or designed for occupancy:

  1. So as to exceed the maximum lot coverage percentage or the maximum height for the zoning district in which the building or structure is located, or
  2. So as to provide any setback or front, side or rear yards that are less than the requirement specified for the respective zoning district.

(d) Buffer-Yard Requirements: All buildings, structures, and uses shall provide and landscape the buffer-yards required under the requirements of this Article.

(e) Customary Home Occupations: No home occupation shall hereafter be established, altered or enlarged in any residential district unless it is allowed as a use and complies with the conditions and restrictions imposed by Section 42-207.

(f) Accessory Structures or Uses: No accessory building, structure use, as defined in Section 42-204 shall hereafter be built, moved, established or enlarged unless such accessory building, structure or use is permitted.

(g) Signs: No sign shall be built after the effective date of this Article, and no existing sign shall be moved or remodeled, unless such sign complies, or will thereafter comply, with the restrictions imposed by Section 42-244.

(h) Off-Street Parking: No building or structure shall be built or moved after the effective date of this Article unless the minimum off-street parking spaces are provided in accordance with Section 42-239.

(i) Number of structures on a lot: Not more than one (1) principal building shall be located on the same lot in the R-R, R-1, R-2, GI, C-O, C-1, C-2, C-3, CC, M-1 or M-2 zoning districts. In mobile home parks, self-service storage facilities, and in the R-3 Multi-Family District, any number of buildings or structures may be established on a single lot as long as other provisions of this or any other Article of the Rolla City Code is satisfied. (Ord. 3493, §1; Ord. 3611, §2)

(j) Exceptions to Height Regulations: Elevator machinery, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers (excluding telecommunication towers), steeples, flagpoles, chimneys, and smokestacks are not subject to height limitations. No space above the height limit shall be used to provide additional floor space for the use being conducted on the premises. In addition, separate structures such as water standpipes, water ground storage tanks, or similar structures are exempt from height limitations.

(k) No Public Water or Sewer: No use, which requires potable water or sewerage disposal to operate, shall be established on a parcel of less than three (3) acres, unless both public water and public sewer are provided. (Ord. 3414; Ord. 3493, §1)

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Sec. 42-142.1. Zoning Districts.

The City of Rolla shall be divided into fourteen (14) zoning districts, the location and boundaries of which are shown on the Official Zoning Map, which Map is incorporated in this Article by this reference. The districts include:

1. "R R" Rural Residential District: A zone intended to accommodate low intensity residential uses on lots not less than forty thousand (40,000) square feet in area and to permit certain agricultural activities.

2. "R 1" Single Family District: A zone designed to support single family residential development at a maximum density of seven (7) dwelling units per acre.

3. "R 2" Two Family District: A district designed for single family or two-family dwellings (duplex) at a maximum density of ten (10) dwelling units per acre.

4. "R 3" Multi Family District: A zone designed for multi family dwelling units (apartments) with a maximum density of twenty six (26) dwelling units per acre.

5. "R-3b" Multi-Family District: A zone intended to provide medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre.

6. "RMH" Residential Manufactured Home District: A zone intended to provide standards for the development of residential manufactured home subdivisions or parks.

7. "GI" Government and Institutional District: A zone designed for governmental buildings and uses, including public medical facilities and institutions of higher education.

8. "C-O" Office District: A zone intended for low intensity office development and serving as a transition zone from commercial uses to residential uses.

9. "C-1" Neighborhood Business District: A zone established to accommodate individual retail stores and personal service businesses that offer convenience goods and services normally considered a frequent or even daily necessity for residents of an adjoining neighborhood.

10. "C-2" General Retail District: A zone designed for uses that provide community wide personal and business services, small shopping centers and specialty retail shops.

11. "C-3" Highway Commercial District: A zone designed for businesses that provide essential commercial services and support activities of community and regional significance. These uses depend upon high visibility and convenient sites on arterial streets and near highways to accommodate customers or distribute goods.

12. "Center City District": A zone designed to accommodate the existing unique mix of uses and to encourage private investment in the Rolla Central Business District.

13. "M-1" Light Manufacturing District: A zone designed to accommodate less intensive industrial and warehousing uses that are conducted entirely within a building with no outdoor operations, except storage and display.

14. "M-2" Heavy Manufacturing District: A zone intended to accommodate intensive manufacturing uses that may have adverse impacts on nearby property unless properly located and buffered. (Ord. 3414; Ord. 3748, §2)

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Sec. 42-142.2. Zoning Map and Rules for Interpretation.

(a) Incorporation of Official Zoning Map by Reference: The City of Rolla is hereby divided into the districts as listed in Section 42-141.2. of this Article and as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article. Such map shall be in triplicate originals, each of which shall bear the signature of the Mayor and attestation of the City Clerk and bearing the Seal of the City. One of said originals shall be hung in the office of the Secretary of the Planning and Zoning Commission. It shall be the duty of the Secretary to keep up to date the originals, showing all changes, additions and amendments thereto and maintaining records of the date of passage by ordinance. Regardless of the existence of copies of the Official Zoning Map that from time to time may be published, the Official Zoning Map shall be located in the office of the Secretary of the Planning and Zoning Commission and this map shall be considered the final authority as to the current zoning status of land and water areas in Rolla.

(b) Rules of Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply:

  1. Boundaries shown as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines.
  2. Boundaries shown as approximately following platted lot lines shall be construed as following lot lines.
  3. Boundaries shown as following City Limit lines shall be construed as following such City Limits.
  4. Boundaries shown as following railroad lines shall be construed to be midway between the main tracks.
  5. Boundaries shown as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, ponds, or lakes shall be construed to follow such center lines.
  6. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs (a) through (e) above, the Board of Adjustment shall interpret the district boundaries.

(c) Classification of Vacated Right-of-Way: Whenever any public right-of-way is vacated by official action of the Planning and Zoning Commission and City Council, the zoning district adjoining each side of the vacated right-of-way shall automatically extend to the centerline of the vacated property; or, in the case where all of the vacated right-of-way shall revert to one property, the zoning district of the host property shall extend to the vacated area. (Ord. 3414)

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Sec. 42-142.3. Annexations.

All territory which may hereafter be annexed into the City of Rolla shall be considered zoned in the most restrictive classification consistent with the property use and the Comprehensive Plan unless the City Council or the applicant designates otherwise prior to the annexation. (Ord. 3414)

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Sec. 42-142.4. Separability.

It is hereby declared to be the intention of the City Council that the several provisions of this Article are separable, in accordance with the following rules:

(a) If any court of competent jurisdiction shall adjudge any provision of this Article to be unconstitutional, invalid, or illegal, such judgment shall not affect any other provisions of this Article.

(b) If any court of competent jurisdiction shall adjudge the application of any provision of this Article to a particular property, building or structure to be unconstitutional, invalid, or illegal, such judgment shall not affect the application of said provision to any other property. (Ord. 3414)

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Sec. 42-142.5. Penalties.

Any person violating or failing to comply with any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred (300) dollars, per day, for each day of noncompliance. (Ord. 3414)

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Sec. 42-142.6. Effective Date.

This Article shall be in full force and effect as Chapter 42, Article III, Rolla City Code, from and after its passage and approval in the manner required by law. (Ord. 3414)

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Secs. 42-143 to 42-167. Reserved.

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DIVISION 2. ''R-R" RURAL RESIDENTIAL DISTRICT

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Sec. 42-168. Purpose of the Rural Residential District.

This District is composed of those areas of the city whose principal use is large lot single-family and agricultural uses. The regulations are designed to ensure harmony between the primary uses of this District. (Ord. 3414)

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Sec. 42-168.1. Uses Permitted.

(1) Single family-dwellings with no more than one dwelling per lot.

(2) Golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.

(3) Family child care homes for child, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.

(4) Churches and other places of worship.

(5) Customary home occupations, in accordance with Section 42-207.

(6) Accessory structures and uses, in accordance with Section 42-204.

(7) Residential group homes, in accordance with Section 42-224.

(8) Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.

(9) Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults. (Ord. 3414; Ord. 3517, §2; Ord. 3748, §3)

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Sec. 42-168.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Parks, camp areas, recreation areas, arenas, or resorts owned by private organizations.

(2) Private utilities.

(3) Nursing homes.

(4) Cemetery on ten (10) acres or more.

(5) Medical institutions, such as hospitals.

(6) Veterinarian services, animal hospitals and kennels.

(7) Customary agricultural activities.

(8) Bed and breakfasts, in accordance with Section 42-235. (Ord. 3414)

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Sec. 42-168.3. Area Requirements.

Minimum size of lot:

Area: 40,000 square feet.

Lot frontage: 150 feet at front lot line.

Width: 150 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings 25 percent

Maximum height of buildings:

35 (thirty five) feet (two stories).

Minimum setback dimensions:

Front yard: 35 feet measured from front lot line

Side yard: 25 feet measured from side lot line

Rear yard: 50 feet measured from rear lot line

(Ord. 3414)

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Secs. 42-169 to 42-170. Reserved.

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DIVISION 3. "R-1" SINGLE FAMILY DISTRICT



Sec. 42-171. Purpose of Single Family Residential District.

This District is intended to promote and preserve urban single-family residential development at a maximum density of approximately seven (7) building lots per acre. The principal land use is the single-family dwelling. Certain other uses necessary to serve governmental, educational, religious, recreational and other needs are allowed as conditional uses subject to restrictions intended to protect the single-family character of the District. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities as well as by considering the functional relationship between permitted uses in the District. (Ord. 3414)

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Sec. 42-171.1. Uses Permitted.

(1) Single-family dwellings with no more than one dwelling per lot. . Refer to Sec. 42-141 for the definition of “Family”. (Ord. 4019, §2)

(2) Churches and other places of worship.

(3) Privately owned and operated golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.

(4) Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.

(5) Customary home occupations, in accordance with Section 42-207.

(6) Accessory structures and uses, in accordance with Section 42-204

(7) Residential group homes, in accordance with Section 42-224.

(8) Family child care homes for children, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.

(9) Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults.

(Ord. 3414; Ord. 3517, §3; Ord. 3748 §3.)

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Sec. 42-171.2. Conditional uses that may be permitted by the Planning and Zoning

Commission and the City Council in accordance with Section 42-234.

(1) Private utilities.

(2) Nursing homes.

(3) Cemetery on ten (10) acres or more.

(4) Medical and healthcare services including massage therapy, physician, dentist, chiropractor, optometrist, mental healthcare practitioners, other healthcare practitioners offices, and outpatient care facilities, except animal hospitals, clinics or sanitariums for contagious, mental, drug or liquor addict cases.

(5) Bed and breakfasts, in accordance with Section 42-235.

(Ord. 3414; Ord. 3517, §4; Ord. 3748, §5)

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Sec. 42-171.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 40 feet at front lot line.

Width: 60 feet at front lot line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent for lots under 12,000 sq. ft. in area.

All buildings: 25 percent for lots over 12,000 sq. ft. in area.

Maximum height of buildings:

35 (thirty five) feet (2 stories ).

Minimum setback dimensions:

Front yard: 25 feet, measured from front lot line.

Each side yard: 5 feet, measured from side lot line.

Rear yard: 10 feet, measured from rear lot line.

Corner lots: See Section 42-292.2. Side yards-corner lots.

(Ord. 3414; Ord. 3748 §4)

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Secs. 42-172 to 42-173. Reserved.

DIVISION 4. "R-2" TWO FAMILY DISTRICT

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Sec. 42-174. Purpose of the Two-Family District.

This District is intended to accommodate a variety of housing types, including single family and duplex dwellings at low to moderate residential densities. The Two-Family District is also intended to serve as a transition between the single-family district and the Multifamily District. (Ord. 3414)

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Sec. 42-174.1. Uses Permitted.

(1) Any use permitted in the R-1 Single-Family District.

(2) Two-family dwellings.

(Ord. 3414)

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Sec. 42-174.2. Conditional uses, as listed in the preceding R-1 Single-Family District, as permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Sorority and fraternity houses. (Ord. 3414)

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Sec. 42-174.3. Area Requirements.

Minimum size of lot: 9,000 square feet.

Maximum number of occupants per dwelling unit:
Eight(8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: 75 feet at front line

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:
All buildings: 40 Percent.

Minimum open space per lot:
(a)Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
(b)No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.

Maximum height of buildings:
40 (forty) feet or two and one-half stories above the average finished grade.

Minimum setback dimensions:
(a)Front yard: 25 feet from the front lot line.
(b)Each side yard: 5 feet measured from side lot line.
(c)Corner lot: See Sec. 42-292 Side yards – corner lots.
(d)Rear yard: 10 feet from the rear lot line.

(Ord. 3414; Ord. 4019, §3)

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Secs. 42-175 to 42-176. Reserved.

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DIVISION 5. "R-3" MULTI-FAMILY DISTRICT

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Sec. 42-177. Purpose of the Multi-family District.

The R-3 Multi Family District is intended to support apartment type development at a maximum density of twenty six (26) dwelling units per acre. Developments of this intensity should be established adjacent to and with vehicular access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)

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Sec. 42-177.1. Uses Permitted.

(1) Uses and conditional uses permitted in any of the foregoing R-1 or R-2 Districts.

(2) Boarding, rooming, and lodging houses.

(3) Child care centers.

(4) Multi-Family dwellings and apartment houses, including efficiency apartments.

(5) Private parking areas.

(6) Private clubs, lodges, fraternities, sororities, and dormitories.

(7) Private schools and academies.

(8) Trailers and mobile homes located in the R-3 Multi-Family District at the date this Article is enacted shall not be considered as non-conforming uses.

(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)

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Sec. 42-177.2 Area Requirements.

Minimum size of lot:
Area: 7,500 square feet plus 1,500 square feet for each dwelling unit in excess of two (2) dwelling units.

Maximum number of occupants per dwelling unit:
Eight(8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: 75 feet at front line

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:
All buildings: 40 Percent.

Minimum open space per lot:
(a)Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
(b)No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.

Maximum height of buildings:
The maximum height of buildings in the “R-3” Multifamily District shall not exceed four (4) stories or sixty (60) feet above the average finished grade, provided, however, that buildings may be erected to a height of one hundred and fifty (150) feet when the front, side, and rear yards are increased an additional five (5) feet for each ten (10) feet the height of the building exceeds sixty (60) feet.

Minimum setback dimensions:
(a)Front yard: 25 feet from the front lot line.
(b)Each side yard: 5 feet measured from side lot line.
(c)Rear yard: 10 feet from the rear lot line.

(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6; Ord. 4019, §4)

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Sec. 42-177.3 Separation and Access to Buildings.

All new development on parcels zoned R-3 Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in the driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)

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Sec. 42-177.4 Buffer-Yard Requirements.

Whenever any development in an R-3 Multi-Family District is located adjacent to an R-1 Single Family District, a buffer-yard shall be provided in accordance with Section 42-230.6 and meeting the width and landscaping standards for a "Buffer-Yard A". (Ord. 3748, §6)

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Sec. 42-177.5 Site Plan Required.

All rezoning requests for R-3 Multi-Family District zoning for parcels one (1) acre in size or greater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1 (b) of the Planning and Zoning Code. (Ord. 3748, §6)

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SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT

Sec. 42-178 Purpose of the "R-3b" Multi-Family District.

The R-3b Multi-Family District is intended to provide for medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre. Developments of this intensity should be adjacent to and have access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3748, §6)

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Sec. 42-178.1 Uses Permitted.

Uses and conditional uses permitted in any of the foregoing R-1, R-2, or R-3 Districts. (Ord. 3748, §6)

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Sec. 42-178.2 Area Requirements.

Minimum size of lot:
Area: 10,000 square feet plus 1,500 square feet for each dwelling unit in excess of two (2) dwelling units..

Maximum number of occupants per dwelling unit:
Eight(8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: 75 feet at front line

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:
All buildings: 40 Percent.

Minimum open space per lot:
(a)Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
(b)No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.

Maximum height of buildings:
The maximum height of buildings in the “R-3b” Multifamily District shall not exceed 40 (forty) feet in height or two and one-half stories above the finished grade.

Minimum setback dimensions:
(a)Front yard: 25 feet from the front lot line.
(b)Each side yard: 5 feet measured from side lot line.
(c)Rear yard: 10 feet from the rear lot line.

(Ord. 3748, §6; Ord. 4019, §5)

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Sec. 42-178.3 Separation and Access to Buildings.

All development on parcels zoned R-3b Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and off-street parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)

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Sec. 42-178.4 Site Plan Required.

All rezoning requests for R-3b Multi-Family District zoning for parcels one (1) acre in size or grater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1(b) of the Planning and Zoning Code. (Ord. 3748, §6)

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SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT

Sec. 42-179 Purpose of the "RMH" Residential Manufactured Home District.

The purpose of this district is to establish additional standards for the development and operation of residential manufactured home (mobile home) parks. The standards are intended to encourage affordable and diverse housing opportunities while promoting neighborhood improvement that minimizes conflicts with other zoning districts. A residential manufactured home park may provide sites (herein defined as manufactured home spaces) available for lease or rent or the property may be subdivided in accordance with the requirements of ARTICLE II of this Chapter. Regulations pertaining to Trailers and Mobile Home Parks found in Chapter 39, ARTICLES I through II of the Rolla City Code shall be followed where not specifically revised by this Section. (Ord. 3748, §6)

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Sec. 42-179.1 Uses Permitted.

  1. Single family attached and detached dwellings on individual lots not less than 8,000 square fee in area.
  2. Manufactured homes for single-family residential occupancy on individual manufactured home spaces of not less than 4,000 square feet.
  3. Recreational facilities for the exclusive use of the occupants of the manufactured home park.
  4. Accessory structures and uses customarily incident to the above uses, which are required for the direct servicing and well-being of park residents and proper management and maintenance of the park, in accordance with Section 42-204.
  5. Customary home occupations, in accordance with Section 42-207.
  6. Outdoor storage areas, including storage areas for recreational vehicles. Such areas shall be screened from adjoining uses and shall occupy, in total, not more than five (5) percent of the area of the manufactured home park. Use of such storage area shall be limited to the occupants of the manufactured home park. (Ord. 3748, §6)

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Sec. 42-179.2 Area Requirements.

Minimum size of lot:

Area: 4,000 square feet for each manufactured home.
Width: 45 feet at the building line.

Maximum percentage of space coverage for each manufactured home:

Individual manufactured home: 30 percent of the manufactured home space.

Maximum separation between manufactured homes:

Manufactured homes shall be separated from each other and from other buildings or structures by at least fifteen (15) feet; provided that manufactured homes placed end-to-end shall have a clearance of ten (10) feet where opposing rear walls are staggered.

Minimum setbacks:

All manufactured homes shall be located at least ten (10) feet from any park boundary line abutting a public or private street, or parking area, and at least twenty (20) feet from all perimeter park boundary lines not abutting a public or private street or parking area.

(Ord. 3748 §6)

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Sec. 42-179.3 Skirting.

All manufactured homes shall be skirted within thirty (30) days of occupancy. The skirting shall be done so that it is compatible with the manufactured homes unit's exterior materials and it shall be of a finished nature. Composition building board and raw wood shall not be used as skirting unless finished with weatherproof and termite proof materials. (Ord. 3748, §6)

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DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT

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Sec. 42-180. Purpose of the Government and Institutional District.

The Government and Institutional District is established to apply to those lands where federal, state, or local government activities are conducted and where the government holds title to such lands, and to major public educational, medical, and recreational facilities. The District is also intended to classify land that is vacant but has been designated for activities listed above in an adopted plan. (Ord. 3414)

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Sec. 42-180.1. Uses Permitted.

(1) Governmental buildings and uses.

(2) Hospitals and related buildings and uses, such as medical offices, clinics, etc.

(3) Medical and dental laboratories and research facilities, not including the manufacture of pharmaceutical or other products for sale or distribution, provided no toxic substances, explosives, radioactive material, highly flammable substances or other materials that pose a threat to the public health and safety, due to their quantities or location, are used in the research operations.

(4) Stadiums, auditoriums, arenas, convention and cultural centers owned by a governmental or quasi-governmental entity.

(5) Public parks and recreation areas.

(6) Athletic clubs, fitness centers and indoor sports facilities.

(7) Cemeteries.

(8) Art galleries, libraries and museums.

(9) Colleges and universities, public schools - elementary and secondary.

(10) Public service and public utility uses, including central power or lighting plant.

(11) Accessory structures and uses, in accordance with Section 42-204.

(Ord. 3414)

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Sec. 42-180.2. Area Requirements.

Government and institutional buildings or uses in existence at the time the district is mapped shall be considered conforming uses.

Minimum size of lot:

Area: No maximum or minimum requirements.

Lot frontage: No minimum requirements.

Maximum lot coverage:

All buildings: Eighty (80) percent, not less than twenty (20) percent of the total lot area shall be devoted to open space, excluding parking lots or other paved areas and building sites.

Maximum height: No maximum or minimum requirements.

Minimum setbacks: None.

(Ord. 3414)

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Secs. 42-181 to 42-182. Reserved.

DIVISION 7. "C-O" OFFICE DISTRICT

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Sec. 42-183. Purpose of the Office District.

The C-O District is designed to be a restrictive district for low intensity office or professional uses to allow their location near any residential district without creating an adverse effect. (Ord. 3414)

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Sec. 42-183.1. Uses Permitted.

(1) All uses and conditional uses permitted in any residential district, excluding veterinarian services, animal hospitals, customary agricultural activities.

(2) Offices for professional and business use involving the sale or provision of services, but not the sale or rental of goods, including but not limited to:

(A) Accountant, appraiser, architects, brokers, engineers, insurance agents, interior decorators, landscape architects, lawyers, realtors, travel agency and similar types of professional uses.

(B) Artists, sculptors, photographers.

(C) Authors, writers, composers.

(D) Physicians, dentists, chiropractors, or other licensed medical practitioners, excluding facilities where significant diagnostic or out patient surgery is performed as normally associated with a clinic or hospital.

(E) Teachers of private lessons in art, music or dance.

(F) Museums, libraries, galleries and exhibit halls.

(G) Administrative offices of a single organization or by a single professional organization or society.

(Ord. 3414)

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Sec. 42-183.2 Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

40 (forty) feet or two and one-half stories above average finished grade.

Minimum setback dimensions:

Front yard: 25 feet from the right-of-way line.

Side yard: 5 feet from the side lot line.

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Secs. 42-184 to 42-185. Reserved.

DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT

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Sec. 42-186. Purpose of the Neighborhood Business District.

This District is intended for uses that provide convenience goods or personal services primarily to people residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood sales and service uses permitted in this District. This District is designed to accommodate compact, freestanding commercial buildings or to function as a transition between more intense commercial uses and residential neighborhoods. Commercial uses permitted in this District are generally required to conduct business activities indoors. Because the permitted retail and personal service uses may be an integral part of the neighborhood, more restrictive requirements for light, air, open space, and building design are made than are provided in other commercial districts. This District should be located along or at the intersections of a collector or higher classification streets. (Ord. 3414)

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Sec. 42-186.1. Uses Permitted.

(1) Conditional uses permitted in the R- 1 Single Family District.

(2) Any residential dwellings that exist in the C- l District at the date this ordinance is enacted.

(3) Antique shops.

(4) Banks and financial institutions including automatic teller machines and drive-in facilities.

(5) Books or stationery stores.

(6) Community and family fitness centers.

(7) Child care centers.

(8) Churches and other places of worship.

(9) Offices and office buildings, administrative, business, finance, medical and professional uses.

(10) Personal service establishments including beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices and hearing aid and eye glass shops.

(11) Commercial photography establishments.

(12) Private parks, playgrounds, and golf courses, excluding miniature golf courses and driving ranges.

(13) Restaurants and coffee shops, excluding drive-in facilities and on-site sales or consumption of alcoholic beverages.

(14) Retail or service establishments for the following types of stand-alone uses: bakery, candy, dairy products, flowers, gifts, jewelry, hobby materials, meat, fish and poultry products, newsstands, pet grooming, toys, and video rental or sales, excluding drive-in facilities.

(15) Studios; art, music, drama, reducing, dancing, interior decorating.

(16) Tailor shops.

(17) Shops dealing in customized clothing, including silk screening, iron-on transfers and all uses incidental thereto.

(18) Accessory structures and uses, in accordance with Section 42-204.

(19) Boarding, rooming, and lodging houses.

(20) Those conditional uses listed below that exist in the C-1 District at the date this Article is enacted shall not be considered non-conforming uses.

(Ord. 3414; Ord. 3517, §5)

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Sec. 42-186.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council, in accordance with Section 42-234.

(1) Pharmacies.

(2) Commercial greenhouses, nurseries and garden stores.

(3) Community treatment center.

(4) Grocery stores

(5) Wearing apparel and/or shoe stores

(6) Hardware stores.

(7) Print shops, photocopying.

(8) Veterinarian services, animal hospitals, customary agricultural activities.

(9) Trailers and mobile homes for residential use only, excluding sales and service (see Section 39 "Trailers and Mobile Homes").

(Ord. 3414)

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Sec. 42-186.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

40 (forty) feet or two and one-half stories above average finished grade.

Minimum setback dimensions:

Front yard: 10 feet from the front lot line.

Side yard: 5 feet from the side lot line. 1

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Sec. 42-186.4. Buffer-Yard Requirements.

Whenever any development in a C-1 Neighborhood Business District is located adjacent to a residential, office, government or PUD zoning district, screening and buffer yards shall be provided in accordance with Section 42-231. (Ord. 3414)

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Secs. 42-187 to 42-188. Reserved.

DIVISION 9. "C-2" GENERAL RETAIL DISTRICT

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Sec. 42-189. Purpose of the General Retail District.

This District is intended for uses that provide community-wide personal and business services, shopping centers and specialty shops which depend upon high visibility, generate high traffic volumes or cater to the traveling public. The District is also intended for on-site production of hand crafted items in conjunction with retail sales. No un-screened outside display of merchandise is permitted, except where indicated. Commercial uses permitted in this District are generally required to conduct business activities indoors. The need for community-wide accessibility dictates that this district be located along or at the intersection of two or more arterial or higher classification streets. (Ord. 3414)

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Sec. 42-189.1. Uses Permitted.

(1) Any use or conditional uses permitted in the foregoing C-l District, including existing single-family and two-family residential uses.

(2) Any conditional use permitted in the R-R District.

(3) Athletic clubs.

(4) Auto repair, body and paint shops, radiator repair.

(5) Auto laundries or car/truck wash establishments.

(6) Automobile sales and service, including tire sales, and rental of new or used vehicles (outside display permitted).

(7) Automobile service stations or garages, including sales of petroleum products.

(8) Automobile parts and accessory stores, including installation and repair.

(9) Boat and marine sales and service.

(10) Bowling alleys.

(11) Cold storage and self or mini-storage facilities.

(12) Drive-in, pick-up, and drive-through restaurants.

(13) Funeral homes, excluding crematoriums.

(14) Furniture and/or appliance stores (new and used), sales and service, including rentals.

(15) Heating and air-conditioning sales and service, including customized sheet metal fabrication as an accessory activity.

(16) Hotels and motels, and hotel apartments.

(17) Medical equipment and supplies sales and rental.

(18) Miniature golf courses and driving ranges.

(19) Monument sales, retail dealers (outside display permitted).

(20) Parking garages, commercial.

(21) Pest control services.

(22) Pet shops, animal hospitals, clinics and kennels.

(23) Plumbing shops.

(24) Printing, publishing, book binding, and photo-processing, including drive-through facilities.

(25) Produce market, retail (outside display permitted).

(26) Radio-TV. repair shops.

(27) Recreation vehicle or mobile home sales or service (outside storage permitted).

(28) Restaurant, on-site sales and consumption of alcoholic beverages permitted.

(29) Retail stores and other shops for custom work or making of articles to be sold at retail on the premises.

(30) Retail establishments which provide supplies and/or services primarily to commercial and industrial customers, such as janitorial services, packaging and shipping service, locksmith services, lithographing and engraving, and blueprinting businesses.

(31) Recording studios.

(32) Second hand goods store and pawn shops.

(33) Second hand or used car sales yard, not including wrecking and repairing (outside display permitted).

(34) Skating rinks, swimming pools, gymnasiums, commercial.

(35) Sporting goods sales.

(36) Store and restaurant fixture sales.

(37) Taxi and limousine transportation services.

(38) Telecommunication facilities and towers exceeding one hundred (100) feet in height.

(39) Theaters, motion picture and performing arts.

(40) Tobacco product sales.

(41) Water, bottled, sales.

(42) Video game arcades.

(43) Seasonal businesses; such as fire works stands, Christmas tree lots, snow cone vendors, and similar outlets that are temporary uses.

(Ord. 3414; Ord. 3566, §1)

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Sec. 42-189.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Bars, cocktail lounges, and night clubs (including dance halls).

(2) Billiard or pool halls.

(3) Convenience stores, with or without gas pumps.

(4) Package liquor stores.

(5) Cabinet or carpentry shop.

(6) Advertising services (sign shop).

(7) Laboratories, offices and other facilities.

(Ord. 3414)

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Sec. 42-189.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at front lot line.

Maximum height of buildings:

Forty five (45) feet or three (3) stories above average finished grade.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

45 (forty five) feet or three stories above average finished grade.

Minimum setback dimensions:

Front yard: 10 feet from the lot line.

Side yard: 0

Rear yard: 10 feet from the rear lot line.

(Ord. 3414)

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Sec. 42-189.4 Buffer-Yard Requirements.

Whenever any development in a C-2 general retail district is located adjacent to a residential, office, government or PUD zoning district, screening and buffer-yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Secs. 42-190 to 42-191. Reserved.

DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT

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Sec. 42-192. Purpose of the Highway Commercial District.

This District is intended for business uses which provide essential commercial services and support activities of community and regional significance that require high visibility and may have higher environmental impacts in terms of noise, dust, glare, etc. which may make them incompatible with office or some retail uses. This District is also intended for businesses that combine wholesale, retail, and light manufacturing (assembly) functions on site. Merchandise may be displayed outside without screening. This District is also intended to function as a transition between industrial development and strictly commercial development. (Ord. 3414)

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Sec. 42-192.1. Uses Permitted.

(1) Any use or conditional uses permitted in any of the foregoing C 1 or C 2 Districts.

(2) Agriculture implements sales and service, agri businesses.

(3) Sexually oriented businesses, as defined in Chapter 29 of the Rolla City Code, provided such uses are prohibited within the area circumscribed by a circle which has a radius of seven hundred fifty (750) feet, as measured by a straight line drawn from the lot line of any proposed sexually oriented business, to any residential zoning district, school, park, or church.

(4) Auction sales, flea markets and swap meets, permanent location; livestock sales not permitted.

(5) Archery and firearms ranges, commercial.

(6) Battery shops, sales and service.

(7) Builder's supply and lumber yards.

(8) Bus stations.

(9) Bottling plants.

(10) Carpet cleaning.

(11) Contractor's equipment, sales and service.

(12) Commercial laundry, dry cleaning, linen and towel or diaper supply service.

(13) Crematoriums.

(14) Dairy supply dealers.

(15) Dry ice storage.

(16) Engine and transmission repair and rebuilding.

(17) Electrical equipment repairs, sales and parts distribution.

(18) Feed stores, no manufacturing or grinding or mixing of feed.

(19) Frozen food lockers.

(20) Glass and mirror sales.

(21) Landscape company, sales and service.

(22) Magazine and newspaper, printing and distribution agency.

(23) Road machinery, heavy equipment and tools, sales and rental service.

(24) Storage warehouses and baggage transfers.

(25) Tire repair and recapping.

(26) Tattoo and/or body piercing parlors, palm reading, and fortune telling establishments.

(27) Wholesale operations, sales office/warehouse combination.

(Ord. 3414; Ord. 3493, §3; Ord. 3611, §3)

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Sec. 42-192.2. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 60 feet at front lot line.

Width: 60 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent

Maximum height of buildings:

Forty five (45) feet or three (3) stories above average finished grade.

Minimum setback dimensions:

Front yard: 10 feet from the front lot line.

Side yard: 0

Rear yard: 10 feet from the front lot line.

(Ord. 3414; Ord. 3611, §3)

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Sec. 42-192.3. Buffer-Yard Requirements.

Whenever any development in a C-3 Central Commercial District is located adjacent to a residential, office, government, or PUD District, screening and buffer-yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Sec. 42-193. Reserved.

DIVISION 11. "CC" CENTER CITY DISTRICT

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Sec. 42-194. Purpose of the Center City District.

The CC District is intended to be a mixed-use district that accommodates a variety of residential and commercial uses. It is intended to address the unique character of Rolla's traditional Central Business District, an area that developed early in the City's history, generally encompassing both sides of Rolla and Pine Streets between 6th and 12th Streets, and does not display the features of modern suburban development. This district is designed to support the transition that must occur if the CBD is to experience revitalization. (Ord. 3414; Ord. 3493, §4)

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Sec. 42-194.1. Uses Permitted.

(1) Any use or conditional uses permitted in the foregoing GI and C-3 Districts, except trailers or mobile homes.

(2) Accessory structures and uses, in accordance with Section 42-204.

(3) Accessory residential uses, either to the rear or above the first floor of a building used for permitted business activities.

(Ord. 3414)

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Sec. 42-194.2. Area Requirements.

Minimum size of lot:
No minimum

Maximum number of occupants per dwelling unit:
Eight(8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: No minimum

Width: No minimum.

Maximum percentage of lot that may be occupied by building footprint:
100 percent.

Maximum height of buildings:
No maximum

Minimum setback dimensions:
(a)Front yard: None
(b)Each side yard: None
(d)Rear yard: None

Minimum parking requirements:
None, except for new construction where sufficient land area exists to allow the provision of adequate parking consistent with the requirements of this Article.

(Ord. 3414; Ord. 3611, §4; Ord. 4019, §6)

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Sec. 42-195. Reserved

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DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT

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Sec. 42-196. Purpose of the Light Manufacturing District

This District is intended to allow industrial operations and activities that do not create applicable nuisances or hazards. Industrial operations and activities are permitted as long as they do not have an adverse impact on neighboring properties resulting from dust, fumes, noxious odors, glare, vibration, or other atmospheric influence. M-1 light manufacturing activities are generally conducted inside a building, although related outdoor storage and display is permitted. (Ord. 3414)

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Sec. 42-196.1 Uses Permitted.

(1) Any commercial uses that exist in the M- 1 District at the effective date this Article is enacted.

(2) Advertising services (sign shop)

(3) Agri-businesses.

(4) Asphalt storage.

(5) Black smithing.

(6) Broom manufacturing.

(7) Builders supply, hardware and lumberyards.

(8) Bus terminals, maintenance shops.

(9) Cabinet or carpentry shops.

(10) Candle manufacturing.

(11) Canvas goods shops, tents and awnings, manufacture, sales and rental.

(12) Carpet cleaning.

(13) Child care centers.

(14) Clothing, footwear, and leather goods manufacturing.

(15) Cold storage plants.

(16) Concrete batching or transit mix plant (temporary use only).

(17) Construction materials manufacturing and storage.

(18) Heavy machinery, including diesel engine, repairs.

(19) Egg storage, candling or processing plants.

(20) Electronic component manufacture and assembly.

(21) Food products processing, storage, and distribution (except uses listed under the M-2 District).

(22) Freight terminals.

(23) Furniture packing and crating.

(24) Hatchery, fish or fowl.

(25) Ice manufacturing.

(26) Insulation applicator.

(27) Irrigation sales and service.

(28) Laboratories, offices and other facilities for research, basic and applied.

(29) Live stock sales.

(30) Lumber mills and storage.

(31) Machine shops.

(32 Mattress and bedding manufacturer and renovator.

(33) Magazine and newspaper printing.

(34) Monument manufacture.

(35) Motor freight terminals and depots.

(36) Oil well equipment service, supply and storage.

(37) Pharmaceutical manufacture.

(38) Paper products manufacturing.

(39) Plastic processing and converting.

(40) Prefabricated house manufacture.

(41) Printing, publishing, book binding.

(42) Private utilities.

(43) Produce markets, wholesale.

(44) Sash and door manufacturing.

(45) Seed storage and warehousing.

(46) Sheet metal work shops.

(47) Spray painting.

(48) Store and restaurant fixture manufacturing.

(49) Storage of baling or rags.

(50) Textile manufacturing.

(51) Welding shops, industrial equipment and supply sales.

(52) Wholesale operations, sales office/warehouse combination.

(53) Accessory structures and uses, in accordance with Section 42- 204.

(Ord. 3414)

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Sec. 42-196.2. Industrial Environmental Standards.

Businesses located in the M-1 Light Industrial District shall meet the following environmental standards to remain conforming uses:

(a) The emission of smoke, gases, particulate matter shall comply with the standards contained in the Air Quality Standards and Air Pollution Control Regulations for outstate Missouri as published by the Missouri Air Conservation Commission.

(b) No hazardous waste, as defined and published in the list maintained by the Missouri Hazardous Waste Management Commission, shall be generated, unless such waste is limited to less than one hundred (100) kilograms of hazardous waste in one (1) calendar month. If the industry meets this small quantities test, it shall handle those wastes in a accordance with the published rules of the Missouri Hazardous Waste Management Commission.

(c) The noise level at any point along the property line shall not exceed standards established by the U.S. Department of Housing and Urban Development Noise Assessment Guidelines. Sound levels shall be measured with a sound level meter and associated octave band analyzer manufactured in compliance with standards prescribed by the American Standards Association.

(d) Certification shall be provided by the Fire Chief that all manufacturing, storage, and waste handling processes on the site shall meet the safety and environmental standards of the National Fire Code. (Ord. 3414)

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Sec. 42-196.3. Area Requirements.

Minimum size of lot:

Area: 10,000 square feet.

Lot frontage: 100 feet at front lot line.

Width: 100 feet at building line.

Maximum percentage of lot that may be occupied by building:

All buildings: 85 percent

Maximum height of buildings:

No maximum

Minimum setback dimensions:

Front yard: 35 feet measured from front lot line.

Side yard: 10 feet measured from side lot line.

Rear yard: 20 feet measured from rear lot line.

(Ord. 3414; Ord. 3493, §5; Ord. 3611, §5)

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Sec. 42-196.4. Buffer-Yard Requirements.

Whenever any development in an M-1 light manufacturing district is located adjacent to a residential, office, government, commercial, or PUD zoning district, screening and buffer yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Sec. 42-197. Reserved.

DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT

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Sec. 42-198. Purpose of the Heavy Manufacturing District

This District is intended for heavy industrial uses and other uses not otherwise provided for in the light manufacturing district. The intensity of uses permitted in this District makes it necessary to separate it from residential districts wherever possible with good accessibility provided to rail and highways. (Ord. 3414)

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Sec. 42-198.1. Uses Permitted.

(1) Any use permitted in the M-1 light manufacturing district.

(2) Aluminum manufacture.

(3) Asphalt manufacture or refining.

(4) Blast furnaces.

(5) Boiler making, repairing and boiler works.

(6) Brick, tile, pottery or terra cotta manufacturing.

(7) Canning or preserving manufacture.

(8) Celluloid or similar cellulose material manufacture.

(9) Cement, lime, gypsum or plaster manufacturing.

(10) Central power or lighting plant.

(11) Concrete products manufacturing.

(12) Cooperage works.

(13) Corrugated metal manufacture.

(14) Cotton baling, compressing or ginning.

(15) Cotton storage, open.

(16) Cotton seed products manufacturing.

(17) Curing, tanning or storage of hides.

(18) Die casting manufacture.

(19) Distillation of bones, coal or wood.

(20) Dye stuff manufacture.

(21) Electroplating.

(22) Emery cloth and sandpaper manufacture.

(23) Fat rendering.

(24) Feed grinding and processing.

(25) Fertilizer manufacture.

(26) Flour mills.

(27) Forge plants, foundry or smelter.

(28) Galvanizing.

(29) Glue or gelatin manufacture.

(30) Match manufacture.

(31) Milling, custom.

(32) Oil cloth and linoleum manufacture.

(33) Paint manufacture.

(34) Paper and rag processing and storage.

(Revised 4/01)

735

(35) Paving plants.

(36) Railroad roundhouse, shops, and yards.

(37) Refrigerator manufacture.

(38) Rubber products manufacture or treatment.

(39) Salt works.

(40) Sand blasting.

(41) Septic tank service.

(42) Shoe polish manufacture.

(43) Soap manufacture.

(44) Soda and compound manufacture.

(45) Steel fabrication plants.

(46) Stone cutting.

(47) Tank manufacture.

(48) Telecommunication towers exceeding one-hundred (100) feet in height and related facilities.

(49) Tile roofing manufacture.

(50) Wool pulling or scouring.

(51) Yeast plants.

(Ord. 3414)

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Sec. 42-198.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-231.

(1) Arsenals and munitions storage or manufacture.

(2) Manufacture and bulk storage of flammable liquids or gases for wholesale, subject to the provisions of the National Fire Codes.

(3) Scrap or salvage yards, including automobile wrecking or salvage yards.

(4) Bleaching powder or chlorine manufacture.

(5) Hazardous chemical manufacture, creosote treatment or manufacture, disinfectant and insecticide manufacture, poisonous gases, tar distillation, acid and ammonia production .

(6) Coal yards, oil compounding, barreling or reclamation plants.

(7) Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous substances from off-site sources and radioactive substances.

(8) Permanent storage or disposal of hazardous substances (as defined under the Federal Resource Conservation and Recovery Act, Subpart D, 40 C.F.R. 261.30; 261.31; 261.32; 261.33), industrial and municipal sludge.

(9) Processing, reprocessing and storage of PCB containing oils.

(10) Quarries and mining operations.

(11) Landfill operations, including waste compacting and incineration.

(12) Mixing plant-paving materials.

(13) Asphalt manufacture/refining.

(Ord. 3414)

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Sec. 42-198.3. Permitted and conditional uses in the M-2 (Heavy Manufacturing District shall comfy with Section 42-195.2.

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Sec. 42-198.4. Area Requirements.

Minimum size of lot:

Area: 25,000 square feet.

Lot frontage: 100 feet at front lot line.

Width: 100 feet at building line.

Depth: 250 feet from front lot line.

Minimum setback dimensions:

Front yard: 35 feet from the front lot line.

Side/rear yards: 20 feet from side/rear lot line

100 feet if adjoining a residential

zoning district.

(Ord. 3414; Ord. 3566, §2)

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Sec. 42-198.5. Buffer-Yard Requirements.

Whenever any development in an M-2 heavy manufacturing district is located adjacent to a residential, commercial, government, PUD, or M-1 zoning district, screening and buffer- yard shall be provided in accordance with Section 42-231. (Ord. 3414)

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Secs. 42-199 to 42-200. Reserved.

DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT

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Sec. 42-201. Purpose of the Planned Unit Development District.

The intent of the Planned Unit Development (PUD) District is to encourage more creative, flexible, and imaginative land development than is possible under conventional zoning regulations. It is intended to permit, upon the approval of a Development Plan and subject to the procedures and standards in this Division, the creation of PUD Districts for any type of land use.

The suitability of each tract considered for PUD District designation shall be determined in accordance with the Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water and sewerage service, schools, parks, and other public requirements, and with a reasonable consideration being given to among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City.

The procedures and standards herein established are intended to replace protections for substantive regulations in recognition that traditional density, bulk, spacing and use regulations, which may be useful in protecting developed areas, may impose inappropriate and unduly rigid restrictions on the development or redevelopment of parcels which lend themselves to an individual, planned approach. Approval of a PUD should promote the following goals:

(1) Implementation of the Rolla Comprehensive Plan.

(2) Efficient use of land that will protect and preserve, where possible, natural features of the land such as mature trees, streams, and topographic features.

(3) Harmonious and coherent site and building design that create a sense of place.

(4) Direction of development to areas where existing public transportation facilities, utilities, and pubic services are adequate; provided that the applicant may make provision for such facilities or utilities which are not presently available. (Ord. 3414)

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Sec. 42-201.1. Effect of PUD District Approval.

The approval of a PUD District shall constitute an amendment to the zoning ordinance. Designation of a parcel as a PUD District shall supersede all existing and prior zoning classifications and requirements. Requirements, such as density, bulk, spacing and use regulations, may vary from, and be more or less restrictive, than the prior zoning classification. Such property shall for zoning purposes be identified as a PUD on the zoning map. (Ord. 3414)

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Sec. 42-201.2. Uses and Densities Permitted.

The Development Plan and application shall specify for the entire project and/or for sub-areas within a project, those permitted primary and accessory uses and development densities. The City Council may include or exclude uses or attach conditions to achieve the intent of these regulations. The Council may consider land use compatibility and relationships between uses in the project area, outside the project area in relation to the PUD District, and the appropriateness of permitted uses given their impact on the entire community. (Ord. 3414)

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Sec. 42-201.3. Application and Fee.

An application for approval of a Development Plan may be filed by the property owner(s) or any person having a contractual interest in the subject property. A three hundred dollar ($ 300) processing fee shall be paid, in addition to the customary advertising cost. (Ord. 3414)

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Sec. 42-201.4. Procedure.

Applications for a PUD District shall be evaluated using the following review process:

(a) Sketch plan.

(b) Preliminary Development Plan.

(c) Final Development Plan.

(Ord. 3414)

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Sec. 42-201.5. Sketch Plan.

A sketch or concept plan may be provided prior to filing a Preliminary Development Plan for review by the Community Development Director and other City department heads. (Ord. 3414; Ord. 3493, §6)

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Sec. 42-201.6. Preliminary Development Plan Purpose and Intent.

The Preliminary Development Plan is intended to provide the applicant with the opportunity to submit information showing the basic concept, character and nature of the entire proposed PUD District without becoming involved in the preparation of a detailed plat or engineering drawings. It permits the developer to proceed with some assurance that a Final Development Plan will be approved. Developers may elect to forgo the Preliminary Development Plan step. Final Development Plans, however, must contain the same information required for Preliminary Development Plans.

Approval of a Preliminary Development Plan binds the applicant and the City with respect to the following development constraints:

(a) Categories of permitted uses;

(b) Overall maximum density of residential uses and intensity of non-residential uses;

(c) General location of vehicular and pedestrian circulation systems;

(d) General location and extent of public and private open space;

(e) General location of residential and non-residential land uses; and

(f) Phasing of development, if appropriate.

(Ord. 3414)

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Sec. 42-201.7. Preliminary Development Plan Application.

Five (5) copies of the completed Preliminary Development Plan application shall be submitted in a form and containing such information as shall be prescribed by the Community Development Director in written rules, but shall in all instances contain at least the following information which shall, taken together, constitute a Preliminary Development Plan:

(a) The applicant's name, address, phone number, and interest in the subject property;

(b) The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;

(c) The names and addresses of all professional consultants advising the applicant with respect to the proposed PUD.

(d) The legal description of the subject property and a survey, certified by a registered land surveyor, showing property lines and dimensions; all easements and rights-of-way, any part of which affects the subject property; and a statement that all necessary easements can be obtained; and

(e) One (1) or more maps at a scale of not less than one (1) inch to two-hundred (200) feet delineating the existing and proposed physical site characteristics of the site and adjacent property, including:

(1) Topography at contours not more than five (5) feet;

(2) Slopes of ten (ten) percent or more;

(3) Property boundary lines and dimensions; existing buildings; existing utilities; easements, roadways, rail lines and other public rights-of-way crossing or adjacent to the property;

(4) Water courses, drainage ways, sinkholes, ponds, lakes, marshes or flood plains, including the 1 00-year flood plain, where applicable;

(5) A generalized depiction of the vegetation and tree cover, particularly the location of mature trees, and other significant natural features;

(f) One (1) or more maps at a scale of not less than one (1) inch to two-hundred (200) feet and/or a written statement of the proposed PUD describing the following:

(1) The present zoning classification, existing land use and proposed land use describing the types and location of land use in each area of the development;

(2) The proposed traffic circulation system illustrating external and internal traffic ways related to the development, showing the location of proposed rights-of-way and other transportation improvements with any proposed access restrictions. The City Council may impose standards and restrictions as are needed to protect the integrity and function of the City's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the district;

(3) A generalized layout and description of proposed utility service, including storm water management systems;

(4) Proposed landscaping for the development, including required buffer areas and other open spaces;

(5) Information pertaining to the size, location, illumination, and relation to surrounding uses of signs within the proposed development.

(g) A tabulation of the following information:

(1) The total number of dwelling units proposed by type of structure, if appropriate;

(2) The total land area, expressed in acres and as a percent of the total development area for each land use by type of structure, for streets and other public or common areas, and for off-street parking and loading areas; and

(3) The number of off-street parking and loading spaces for each type of land use.

(h) A phased PUD that extends beyond a single construction season shall include a development schedule stating the approximate beginning and completion date, the proportion of total open space to be provided, and the proportion of land uses to be constructed during each phase. All public improvements required for each phase shall be completed in sequence assuring adequate service for the PUD.

(i) Evidence that the applicant has sufficient control over the subject property to complete the proposed PUD. Evidence would include a statement of all legal, beneficial, tenancy, and contractual interests held in or effecting the subject property. (Ord. 3414)

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Sec. 42-201.8. Effect of Preliminary Development Plan Approval.

A Preliminary Development Plan, having been reviewed and approved by the Planning and Zoning Commission, shall not be modified, revoked, or otherwise altered pending the approval of a Final Development Plan by any action of the City without consent of the applicant. The applicant shall proceed to file a Final Development Plan, in accordance with the provisions in the following Section, with the Planning and Zoning Commission. (Ord. 3414)

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Sec. 42-201.9. Final Development Plan Purpose and Application.

The Final Development Plan is intended to particularize, refine and implement the Preliminary Development Plan. The application for Final Development Plan may include the entire area included in the approved Preliminary Development Plan or one or more phases thereof in accordance with the phasing schedule as part of the Preliminary Development Plan. The application shall contain a plan which is in substantial conformity with the Preliminary Development Plan. Additional information shall be provided as prescribed by the Planning and Zoning Commission or City Council, but shall in all cases include the information and documentation found in the Preliminary Development Plan, and:

(a) A legal description of the property for which the Final Development Plan approval is sought;

(b) If necessary, a subdivision plat that includes a survey of the entire property certified by a registered land surveyor shall be submitted. Plats shall be in compliance with the Rolla subdivision regulations;

(c) A Landscape Plan that specifies the design, description and arrangement of required landscaping for all areas, including materials and techniques used in accordance with Section 42-201.12. The articles of incorporation and by-laws of the private organization charged with maintaining the open space and buffer yards, if appropriate, shall be provided, in accordance with Section 42-302;

(d) Copies of any restrictive covenants that are to be recorded with respect to the property included in the Final Development Plan;

(e) Development plans, indicating placement of water mains, sanitary and storm sewers, gas, electric and telephone lines, and related facilities;

(f) A statement summarizing all changes which have been made in any document, plan, or data previously submitted, together with revised copies of any such document, plan, or data, if appropriate;

(g) Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the PUD and of the establishment of any entity that is responsible for the management and maintenance of any public or private open space or buffer yard;

(h) All certificates, seals and signatures required for the dedication of land and the recordation of documents;

(i) Such other information as the Planning and Zoning Commission and City Council shall find necessary to a full consideration of the entire PUD or any phase thereof.

If the Planning and Zoning Commission finds that there is substantial conformity between the Preliminary and Final Plans, including the provisions of this Article and all other federal, state, or city codes, it shall recommend approval of the Final Development Plan with any conditions imposed by such recommendation. (Ord. 3414; Ord. 3493, §6)

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Sec. 42-201.10. Substantial Conformity Defined.

A Final Development Plan shall be deemed to be in substantial conformity with an approved Preliminary Development Plan if it:

(a) Does not increase maximum density approved in the Preliminary Development

Plan more than five (5) percent;

(b) Does not increase the maximum height of any structure by more than five (5) percent,

(c) Does not decrease by more than five (5) percent the area approved for open space or change the general location of such areas;

(d) Does not alter the approved traffic circulation elements that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding land uses and circulation systems;

(e) Does not significantly alter the arrangement of land uses within the PUD;

(f) Does not violate any provision of the codes and ordinances applicable to the proposed PUD; and

(g) Does not depart from the Preliminary Development Plan in any manner which the Planning and Zoning Commission and City Council shall, based on the stated findings and conclusions, determine to materially alter the development concept for the proposed PUD. (Ord. 3414)

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Sec. 42-201.11. Affect of Final Development Plan Approval.

Upon Final Development Plan approval by the City Council with or without modifications accepted by the applicant and upon application, all appropriate officials of the City may issue building and other permits to the applicant. The Community Development Director may authorize minor adjustments to the approved Final Development Plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual site development. A Final Development Plan may otherwise be amended pursuant to the procedures established by this Division for its original adoption. (Ord. 3414)

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Sec. 42-201.12. Landscape Plans.

Landscape Plans are a required component of Development Plans under the PUD regulations of this Article. Landscape Plans shall contain the minimum following information:

(1) A minimum scale drawing of one (1) inch to fifty (50) feet;

(2) The location of all trees to be preserved;

(3) The location of all plant and landscaping materials to be used;

(4) A list of all plant materials (canopy, under-story, ornamental or evergreen tree; shrub; etc.) to be used;

(5) The size of all plant material to be used;

(6) The spacing of plant material, where appropriate; and

(7) The entity responsible for preparing the Landscape Plan.

Landscape Plans shall provide, to the maximum extent practicable, for the preservation of existing mature trees in the City. A Plan that provides for the clear cutting of a development tract or lot shall only be approved if the developer or contractor establishes by clear and convincing evidence that the development will not be economically viable unless clear cutting is permitted. (Ord. 3414)

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Secs. 42-202 to 42-203. Reserved.

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ARTICLE III ZONING

DIVISION 15. SUPPLEMENTAL REGULATIONS

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Sec. 42-204. Accessory Structures and Uses - Purpose and Definition.

An accessory structure is a building or structure that is located on the same lot as the main or primary building or structure and is subordinate to and detached from the main building, but is not used for human habitation. Accessory uses are consistent with and supplemental to the permitted uses in the zoning district. (Ord. 3414)

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Sec. 42-204.1. Permitted Accessory Structures.

Any structure or use that meets the definition of an accessory structure or use may be allowed in any district.

(a) Accessory structures include, but are not limited to, the following list of examples:

(b) Accessory structures shall be allowed under the following conditions:

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Sec. 42-204.2. Location of Accessory Buildings or Structures in a Residential District.

An accessory building or structure in a residential district shall be located:

(Ord. 3414; Ord. 3493, §7; Ord. 3611, §6)

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Sec. 42-204.3. Accessory Buildings or Structures in Commercial or Manufacturing Districts.

The location of accessory buildings or structures in a commercial or manufacturing zoning district shall be located consistent with the height, setback, and bulk standards. (Ord. 3414)

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Secs. 42-205 to 42-206. Reserved.

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Sec. 42-207. Customary Home Occupations - Purpose and Definition.

This section is designed to define what constitutes a home occupation and to enumerate the particular home occupations that are permitted. Customary home occupations are defined as any activity carried out for compensation in a residential dwelling unit. No home occupation shall be permitted if it:

(a) Changes the outside appearance of the dwelling or is visible from the street;

(b) Generates traffic, parking, sewage, water use or noise in excess of what is normally found in a residential neighborhood;

(c) Creates a hazard to person or property, results in electrical interference or becomes a nuisance; or

(d) Results in outside activities, storage or display. (Ord. 3414)

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Sec. 42-207.1. Customary Home Occupations Permitted.

Customary home occupations include the following activities:

(a) Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salesmen, sales representatives, manufactures representatives, home builders, home repair contractors and similar occupations;

(b) Artists, sculptors, authors, photographers and composers;

(c) Computer programming and data processing;

(d) Direct sale product distribution (Amway, Avon, Tupperware, etc.) provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten ( 10) customers and shall be held between the hours of 9:00 a.m. and 10:00 p.m.;

(e) Dressmakers, seamstresses, and tailors;

(f) Home crafts, such a model making, rug weaving, woodworking, ceramics (with a kiln up to six (6) cubic feet) and similar activities, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home or machinery and equipment that would ordinarily be employed in connection with a hobby or avocation;

(g) Mail order, not including retail sales from site;

(h) Music and art teachers or other tutoring services.

(i) Renting sleeping rooms and serving meals to not more than two (2) persons not members of the family occupying the dwelling unit provided one ( 1 ) off-street parking space is provided for each person;

(j) Telephone answering service;

(k) Washing and ironing service;

(l) "Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform to all other requirements of this Section. (Ord. 3414; Ord. 3748 §7)

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Sec. 42-207.2. Use Limitations.

(a) No person other than someone related by blood, marriage, adoption or custodial relationship to the person conducting the home occupation and who also resides in the dwelling unit shall be employed in the home occupation;

(b) The home occupation shall be conducted entirely within the principal residential building and shall be limited to one (1) room;

(c) No manufacturing or processing of any sort whatsoever shall be done, except as permitted by Section 42-207.2. (6);

(d) A one and one half (1 1/2) square foot unlighted sign may be used to advertise the presence or conduct of the home occupation;

(e) No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises;

(f) No alteration of the principal residential building shall be made which changes the

character thereof as a dwelling;

(g) The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation;

(h) No mechanical or electrical equipment other than normal domestic or household equipment shall be used;

(i) There shall be no outdoor storage of equipment or materials used in the home occupation;

(j) The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of twenty four-thousand (24,000) pounds or less; and

(k) Not more than one (1 ) commercial vehicle utilized in the business shall be parked on site. (Ord. 3414)

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Sec. 42-207.3. Particular Occupations Prohibited.

(a) Animal hospitals, stables or kennels;

(b) Auto repairing and painting;

(c) Barber shops and beauty parlors with more than one ( I ) operator;

(d) Boarding and lodging houses, unless permitted by district regulations;

(e) Dispatching of transfer and moving vans, taxi cab services; and

(f) Palm reading, fortune telling, tattoo or body piercing parlors.

(Ord. 3414)

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Secs. 42-208 to 42-209. Reserved.

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Sec. 42-210. Supplemental Open Space and Yard Regulations.

In addition to the area requirements set out before, the following open space and yard regulations shall also apply: (Ord. 3414)

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Sec. 42-210.1. Front Yard Regulations.

All property shall have a front yard not less than prescribed by this Article. Where front yard setback of existing buildings fronting the same street is less or greater than the required front yard setback, any building or structure hereafter erected or structurally altered or enlarged shall conform to such established setback as follows:

(a) On interior lots where the frontage is located between two (2) intersecting streets:

(1) The front yard setback line shall not be less than the average setback of the two (2) adjacent developed lots fronting the same street; or

(2) If only one (l ) adjacent lot is developed, the setback shall not be less than the average between the existing adjacent building and the minimum required front yard setback of the vacant lot, or

(b) Where a residential building is located in a commercial district, the setback required in the residential district shall apply;

(c) Existing buildings with front yard setbacks greater than fifty (50) feet shall be figured at fifty (50) feet when determining the average setback line; and

(d) Off-street parking spaces located in the front yard of property zoned for residential use shall be limited to hard surfaced driveways and/or parking areas. (Ord. 3414)

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Sec. 42-210.2. Side Yards - Corner Lots.

The side yard requirement for a corner lot shall be not less than one-half (1/2) the required front yard setback or ten (10) feet minimum, which ever is larger. This provision shall apply only to the side yard adjoining a street. Existing buildings with a front yard setback greater than fifty (50) feet shall be calculated at fifty (50) feet when determining the average setback line. (Ord. 3414; Ord. 3566, §3)

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Sec. 42-210.3. Yards Open.

Except as specified in this Section, all yards required by this Article shall be open and unobstructed to the sky. (Ord. 3414)

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Sec. 42-210.4. Exceptions to Yard Regulations.

(a) Where compliance with the yard regulations cannot reasonably be accomplished because of irregular shaped lots or hillside lots; the Board of Adjustment may modify such regulations.

(b) Where an irregular shaped lot has more area than required for its particular district, lot width may be computed including the most usable portion satisfying the minimum area requirements. (Ord. 3414)

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Sec. 42-210.5. Permitted Projections and Structures in Required Yards.

The following projections may be located in a required yard:

(a) Cornices, eaves, gutters, belt courses, sills, awnings, canopies or other similar architectural features, shall not extend or project into a required side yard more than two (2) feet and shall not extend or project into a required front or rear yard more than three (3) feet;

(b) Open fire escapes shall not extend or project into any front, side or rear yard more than four (4) feet;

(c) Open stairways or balconies, not covered by a roof or a canopy, shall not extend or project into a required rear yard more than three (3) feet, and such balconies shall not extend into the required front yard more than three (3) feet;

(d) Enclosing or temporarily enclosing of porches, steps, platforms, carports, landing places and outside open stairways which extend into minimum required yards is prohibited;

(e) Any fence or hedge in the front yard shall comply with the provisions of Section 42-211.1.

(f) Fixed awnings, canopies and marquees shall be located at least eight (8) feet above a sidewalk and shall not project closer than two (2) feet to the curb;

(g) One-story bay windows shall not project more than thirty (30) inches into a yard;

(h) Chimneys may project thirty (30) inches or less into yard, provided that such projection does not reduce the width of a side yard to less than three (3) feet;

(i) Statuary, arbors and trellises;

(j) Flag poles;

(k) Signs, as permitted in this Article; and

(l) Open porches, platforms, and carports that do not extend above the first floor of the building shall not project more than ten (10) feet into any yard provide that said projection shall be at least ten (10) feet from the rear or front lot line, three (3) feet from the side lot line on interior lots and five (5) feet from the side lot line adjacent to the street on corner lots. (Ord. 3414)

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Sec. 42-210.6. Permitted In Any Yard, Except Front Yards:

(a) A child's playhouse;

(b) Recreational equipment and clotheslines; and

(c) Fences not exceeding seven (7) feet in height and which comply with the provisions of this Article. (Ord. 3414)

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Sec. 42-211. Vision Obstruction Restrictions- Purpose.

The following Section is intended to establish regulations governing the placement of natural or man-made obstructions to vision. (Ord. 3414)

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Sec. 42-211.1. Obstructions in Required Yards.

(a) On any lot where a front yard is required or corner lot, no building, wall, fence or other structure shall be constructed and no hedge, tree, shrub, or other growth or object of any kind shall be maintained in such location within the yard so as to obstruct the view of pedestrians and motorists, as determined by the City Engineer.

(b) Open fences not exceeding fifty (50) percent screening and four (4) feet in height above yard grade shall be permitted,

(c) Hedges, shrubbery, flowers or other similar vegetation planted to form a continuous line of growth shall not exceed a height of four (4) feet. (Ord. 3414)

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Sec. 42-212. Zero Lot Line Construction - Purpose.

The purpose of zero lot line construction is to permit a procedure for development that will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will support ingenuity and originality in total subdivision design; and which can preserve open space to serve the recreational, scenic and public service purposes related thereto, all within the densities established by the zoning district in which the zero lot line construction is permitted. (Ord. 3748, §8)

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Sec. 42-212.1 Zero Side Yard.

The required side yard setback in the R-1 and R-2 Districts may be zero (0) on one side of the lot provided:

(Ord. 3748 §8)

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Sec. 42-212.2 Zero Rear Yard.

The required rear yard setback in the R-1 and R-2 Districts may be zero (0) provided:

(Ord. 3748 §8)

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Sec. 42-212.3 Location of Zero Yards.

No lot may have both a zero (0) side yard and a zero (0) rear yard. (Ord. 3748, §8)

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Sec. 42-212.4 Recording Maintenance and Use Easements.

Appropriate maintenance and use easements shall be included on the final plat for all affected properties. Where a final plat is not required, the maintenance and use easement shall be included in the deed or deeds for all affected properties. (Ord. 3748, §8)

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Sec. 42-212.5 Placement of Zero Yard Wall.

The zero (0) side or rear yard wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot. (Ord. 3748, §8)

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Sec. 42-212.6 Application and Review.

Before construction of a zero lot line dwelling commences, an application, accompanied by a precise site plan, shall be submitted to the Planning and Zoning Commission and approved or conditionally approved by the Commission prior to the issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Commission, after review, may approve, conditionally approve, or deny the proposed plan. In its review, the Commission shall consider placement of all structures, building material, finishing of the wall constructed along the side or rear lot line, and any impacts on adjacent property owners. (Ord. 3748, §8)

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Sec. 42-213. Exterior Lighting Standards - Purpose.

The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. Safety considerations form the basis of these regulations pertaining to motor vehicle use. In other cases, both the nuisance and hazard aspects will be regulated. This section is not intended to apply to public street lighting, signs, or seasonal displays. (Ord. 3748, §9)

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Sec. 42-213.1 Standards.

The following standards are required of all exterior lighting, subject only to the exemptions permitted in Section 42-213.2.

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Sec. 42-213.2 Exemptions.

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Sec. 42-214. Noncommercial, Not-For-Profit Neighborhood Facilities - Purpose.

The purpose of these requirements is to provide opportunities for necessary and desirable noncommercial, not-for-profit neighborhood facilities while minimizing possible adverse impacts of such facilities on the surrounding neighborhood. (Ord. 3414)

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Sec. 42-214.1. Standards.

(a) The proposed structure(s) shall not be located within any front or rear yards required by this Article or within ten (10) feet of the property line adjacent to the side yards of the lot on which the structures are located. Swimming pool pump and filter operations shall adhere to these standards, but in no event will they be located closer than twenty (20) feet to a side or rear property line.

(b) Any outdoor swimming pool will be enclosed by a fence or wall with a minimum height of six (6) feet with gates that shall be self-closing and latching.

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Sec. 42-215 to 42-216. Reserved.

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Sec. 42-217. Common Open Space and Improvement Regulations.

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Sec. 42-217.1. General Provisions.

The regulations set forth in this Section shall apply in all developments where the following features are held in common ownership by persons owning property within a development.

(a) All lands in common open space, not a part of individual lots, designed for the mutual benefit of a group of persons owning property within a development, where such lands are not dedicated to or conveyed for public use; whether or not such lands are required by the provisions of this Article; and

(b) All private streets, driveways, parking facilities, and buildings or portions thereof, as may be provided for common use, benefit and/or enjoyment of the development occupants; whether or not such improvements are required by the provisions of this Article. (Ord. 3414)

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Sec. 42-217.2. Condominium Property Act.

Except where it can be demonstrated that the provisions of this Section can be satisfied by other means, all lands and improvements, as set forth in this Section. shall be established and maintained in accordance with the Condominium Property Act, Chapter 448, Missouri State Statutes. (Ord. 3414)

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Sec. 42-217.3. Subdivision Approval Required.

All subdivision of property containing common open space and common improvements shall be considered a subdivision and subject to review in accordance with the provisions of Article II, Subdivisions. (Ord. 3414)

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Sec. 42-218. Property Owner's Association.

All common open space and improvements shall be protected by legal arrangements that are satisfactory to the City and sufficient to assure their maintenance and preservation for the purposes intended. Covenants or other legal arrangements shall specify ownership of the common open space and common improvements, method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City, and other specifications deemed necessary by the City. (Ord. 3414)

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Sec. 42-218.1. Covenants, Rules and By-laws.

Any restrictive covenants, rules and by-laws of the ownership unit, as prepared in accordance with Chapter 448, Missouri State Statutes, shall be approved by the City before any final plat is recorded. Such documents, once approved, shall become part of the recorded subdivision plat. The covenants and restrictions shall provide:

(a) For the establishment of the condominium or homeowner's association or trust prior to the sale of any property;

(b) For the method of maintenance;

(c) That open space restrictions and maintenance shall be permanent;

(d) That the homeowners are liable for the payment of maintenance fees and capital assessments;

(e) That unpaid homeowner's fees and assessments will be a lien on the property of the delinquent homeowners;

(f) That the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance;

(g) That membership shall be mandatory for each homeowner and any successive buyer;

(h) That each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions;

(i) That any association or trust formed to own and maintain common open space and common improvements will not be dissolved without consent of the City; and

(j) That the City of Rolla shall assume no responsibility for the enforcement of private

restrictive covenants. (Ord. 3414)

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Sec. 42-218.2. Maintenance of Common Open Space and Improvements.

The City may require that, in order to assure adequate maintenance of common open space and improvements, any restrictive covenants, rules and by-laws created for the unit of ownership specify that the City may serve written notice to the association as to their failure to maintain the common open space and improvements in reasonable order. The notice shall describe how the unit of ownership has failed to maintain the common open space and improvements in reasonable condition and shall require that such deficiencies be remedied within thirty (30) days, setting a date and place of a public hearing. Said hearing shall be held within twenty (20) days of notice.

If said deficiencies are not corrected, the City may enter upon the common open space and improvements to maintain the same for one (l) year in order to preserve the taxable values of the properties within the development and to prevent the common open space and improvements from becoming a public nuisance. Entry upon and maintenance of the common open space and improvements shall not grant the public any rights to use the facilities, unless the owners dedicate the same to the public.

At or before the expiration of one (1) year, the City shall give notice and hold another public hearing to determine if the ownership unit is capable of adequately maintaining the common open space and improvements. The City may, at its discretion, continue to maintain the common open space and improvements for one (1 ) or more additional years if it finds that the ownership unit is not able to adequately maintain the common open space and improvements. The rules and by-laws creating the ownership unit shall provide that the cost of such City maintenance shall be assessed ratably against the individual properties within the development that have a right to use the common open space and improvements. This assessment shall constitute a lien against all properties within the unit ownership. (Ord. 3414)

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Sec. 42-218.3. Maintenance Responsibility.

The initial maintenance of the common open space and improvements within the development shall be the responsibility of the developer until the restrictive covenants, rules, and by-laws of the unit of ownership are established and maintenance responsibility is transferred to a duly constituted owner's association. The developer shall retain this maintenance responsibility, regardless of the status of the ownership unit, until fifty (50) percent of the development has been sold to the unit owners or other clients.

The developer maintenance responsibility shall be specifically indicated in a letter of agreement between the developer and the City, submitted at the time of Final Plat Review. (Ord. 3414)

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Sec. 42-219 to 42-220. Reserved.

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Sec. 42-221. Urban Conservation and Redevelopment Areas.

The City Council may permit a modification of the requirements of this Article in an area where an Urban Conservation or Redevelopment Plan, enacted pursuant to Article VI, Sections l9 and 21 of the Constitution of the State of Missouri, has been adopted to encourage urban conservation and support private sector reinvestment. This action may be necessary to encourage projects that conserve and preserve urban resources and that promote the stabilization and economic development of an area, provided the following conditions are met:

(a) The project complies with an approved Urban Conservation or Redevelopment Plan;

(b) The project complies with all ordinances, except those provisions to be modified;

(c) The project does not interfere with easements, roadways, utilities, and public or private rights-of-way;

(d) The project is not injurious to the use and enjoyment of surrounding property;

(e) The project does not create drainage or erosion problems;

(f) The project makes adequate provision for open space and for its maintenance;

(g) An acceptable site plan has been submitted to the planning and Zoning Commission and City Council specifying what provisions of this Article are to be modified and why; and

(h) The City Council may impose conditions to achieve the intent of City ordinances, the intent of the Urban Conservation or Redevelopment Plan or to achieve other public purposes. The applicant must comply or provide adequate assurances that all the conditions will be satisfied as set forth by the City Council. (Ord. 3414)

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Sec. 42-222. Family Child Care Homes.

A permit application for a family child care home shall be completed and filed with the Community Development Department on forms prescribed for that purpose and accompanied by a processing fee of fifty dollars ($50.00). Family child care homes shall satisfy, in addition to satisfying all Missouri Department of Health and Phelps/Maries County Health Department standards, the following requirements as a condition for receiving a permit from the City of Rolla:

(a) The residence for which a permit is sought shall be the permanent residence of the child day care provider (operator);

(b) No alteration of the principal residential building shall be made that changes the character or appearance of the building so as to be inconsistent with the appearance of dwellings in the immediate area around the family child care home.

(c) No person, other than someone related by blood, marriage, adoption or custodial relationship to the operator and who also resides in the dwelling unit, shall be employed in the family child care home;

(d) Outdoor play areas shall be located in the rear yard of a family child care home; and

(e) One (1) exterior, flush-mounted attached sign is permitted not to exceed one (1) square foot in area. (Ord. 3517, §1)

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Sec. 42-223. Reserved.

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Sec. 42-224. Residential Group Homes - Purpose.

Residential group homes for eight (8) or fewer unrelated mentally or physically handicapped persons that may include up to two (2) house parents or guardians when:

(a) The structure, building, landscaping, fencing, etc. for the residential group home suits the character of the immediate neighborhood.

(b) There are no other residential group homes within fifteen hundred (1,500) feet.

(c) No sign identifying the residential group home exceeds four (4) square feet in area.

(d) Signs may not be illuminated and must be attached to the residential group home.

(e) There are no more than two (2) residents per bedroom. (Ord. 3414)

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Sec. 42-225 to 42-226. Reserved.

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Sec. 42-227. Screening and Fencing - Purpose.

To encourage the most appropriate use of land and protect the privacy and property values of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required by this Division. (Ord. 3414; Ord. 3886 §1)

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Sec. 42-227.1. Location and Height.

The following shall be required in addition to any required landscaping or buffer-yard.

(a) Off-street parking areas.

(1) Where an open off-street parking area for a multi-family residential use contains five (5) or more off-street parking spaces and is adjacent to an R-1 or R-2 District, screening of not less than four (4) feet in height and meeting the requirements of Section 42-211, Vision Obstruction Restrictions, shall be erected separating the off-street parking area from the adjacent residential district. No screening is required for parking spaces fronting a public right-of-way, except as required under Section 42- 230.5.(2).

(2) Where an open off-street parking area for a nonresidential use is in or adjacent to any residential district, screening of not less than four (4) feet in height and meeting the requirements of Section 42-211, Vision Obstruction Restrictions, shall be erected separating the parking area from the adjacent residential district. No screening is required for parking spaces fronting a public right-of-way, except as required under Section 42-230.5 (2) or if a buffer-yard is required under Section 42230.6.

(b) Consolidated refuse storage areas, for all uses other than single family and two-family dwellings, visible from the adjacent property lines shall be visually screened by a solid fence or wall, not less than the height of the refuse storage containers, on all sides except the side used for refuse pick-up service.

(c) Maximum fence height in areas zoned for residential use or in the C-O (Office District) and C-1 (Neighborhood Business District) shall be limited to seven (7) feet, except as provided in Section 42-211.1.

(d) Maximum fence height in areas zoned C-2 (General Retail District), C-3 (Highway Commercial District) and CC (Center City District) shall be limited to eight (8) feet, except as provided in Section 42-211.1.

(e) Fence height restrictions do not generally apply in areas zoned for M-1 (Light Manufacturing District) and M-2 (Heavy Manufacturing District). However, fence height shall be limited to (8) feet, except as provided in Section 42-211.1, when such lots or tracts abut property zoned for residential use and where the fence height and location would adversely affect sight distance at intersections. (Ord. 3414; Ord. 3886, §1)

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Sec. 42-227.2. Screening and Fencing Standards.

(a) Property owners may elect to use permanent material such as wood, chain link, stone, brick, decorative wrought iron, concrete block or other materials that are similar in durability to satisfy screening and fencing requirements.

(b) A landscaped earthen berm having side slopes with at least two (2) feet of horizontal distance for each foot of height may be used to satisfy screening requirements.

(c) An evergreen hedge may be used if the shrubs or trees measure at least two-thirds (2/3) of the minimum required height when planted and form a continuous, solid, visual screen.

(d) Property owners may not use the following materials for fencing:

  1. Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence;
  2. Plywood less than five-eight (5/8) inches thick and/or plywood not of a grade approved for exterior use, particle board, paper, visqueen plastic, plastic tarp, or sheet metal;
  3. Electrified fencing, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited, unless used in an RR (Rural Residential District), commercial or manufacturing zoning district if approved for use by the Codes Administrator.

(e) All wooden fencing shall be installed finished-side facing out to any adjoining lot or street.

(f) No provision of this Article shall be construed as granting a right for a property owner to erect a fence or wall on a public easement for any purpose. (Ord. 3414; Ord. 3886, §1)

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Sec. 42-227.3. Maintenance.

Property owners shall be responsible for maintaining the required screening materials in a neat and orderly manner at all times. Plant materials which die shall be replaced with healthy plant materials of similar variety and meeting the size requirements of this Section. (Ord. 3414; Ord. 3886, §1)

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Sec. 42-227.4. Additional Screening and Fencing.

The City may require screening and fencing of outside storage and display areas in nonresidential districts in addition to or in lieu of the requirements of this Article. The screening or fencing shall be of adequate height to effectively mask the specified area, but in no instance shall the screening or fencing be above seven (7) feet in height. (Ord. 3414; Ord. 3886, §1)

Sec. 42-227.5. Buffer Areas.

Whenever a buffer-yard is required per this Article, the screening required by this section shall be construed to be an additional requirement. (Ord. 3886, §1)

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Sec. 42-228 to 42-229. Reserved.

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Sec. 42-230. Landscaping and Buffer-Yards - Purpose.

These regulations provide standards and criteria for landscaping in all new construction projects which are intended to enhance the value of property, provide buffers between dissimilar uses, improve the physical appearance of the City and maintain an ecological balance. Landscaping and buffer-yards are intended to lessen the adverse impacts of more intense land uses when they are adjacent to less intense uses. Rural residential, single-family and two-family development, and uses in the C-O Office District are exempt from these regulations because such uses rarely create adverse impacts. (Ord. 3414)

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Sec. 42-230.1. Screening and Fencing.

All screening or fencing under this Section shall be in addition to any buffer-yard or area required in Section 42-23 l . (Ord. 3414)

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Sec. 42-230.2. Enforcement.

In the event of a nonconformity with the standards and criteria of this Section, property owners, including any known tenants or agents, shall be notified citing the violation and describing what actions are required to comply with this Section. The owner, tenant, or agent shall have thirty (30) days from the notice date to restore the required landscaping. Failure to comply with the notice shall be considered a violation of this Article. (Ord. 3414)

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Sec. 42-230.3. Maintenance.

The property owner shall at all times remain responsible for maintaining all required landscaping in a neat and orderly manner. Plant materials shall be maintained in a healthy and growing condition that is appropriate for the season of the year. Dead plant materials shall be replaced with a similar variety plant material meeting the size requirement of this Section. (Ord. 3414)

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Sec. 42-230.4. General Standards for Trees.

Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri as documented by the Missouri Department of Conservation. Caliper measurements shall be taken six (6) inches above grade. Trees shall have the following characteristics:

(a) Canopy trees shall be deciduous trees that have a minimum height of thirty (30) feet at maturity. All canopy trees shall have a minimum caliper diameter of one and one-half ( l l/2) inches at the time of planting.

(b) Under-story trees shall be deciduous trees that have a maximum height of less than thirty (30) feet at maturity. All under-story trees shall have a minimum caliper diameter of one (l ) inch at time of planting.

(c) Ornamental trees shall be flowering deciduous trees. All ornamental trees shall have a minimum caliper width of one (l ) inch at time of planting.

(d) Evergreen or conifer trees shall have a minimum height of twenty (20) feet at maturity. All evergreen trees shall be at least six (6) feet high at time of planting.

(e) Smaller trees may be substituted where the applicant establishes that the location of driveways or unique physical characteristics of the property would not allow the plantings as required.

The Community Development Director may waive rules regarding setbacks and buffer- yards to preserve trees of exceptional quality due to size, large canopy cover, trunk diameter, rarity, age or species when written consent has been received from the owners of abutting property. Where such written consent is not filed, waiver may be granted by the Board of Adjustment as a variance according to the standards, notice and other procedures pertaining to variances. (Ord. 3414)

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Sec. 42-230.5. Minimum Requirements for Off-Street Parking Areas.

Interior and perimeter of parking lots shall be landscaped in accordance with the following criteria. Lots of one (1) acre or less shall be exempted from this regulation as are parking areas which are located under, on, or within buildings.

(a) Development sites containing parking areas totaling thirty (30) or more parking spaces or the gross area is twelve-thousand (12,000) or more square feet, shall provide a minimum of five (5) percent of the parking area for landscaping. Additional requirements include:

(1) All landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs;

(2) There shall be a minimum of two (2) under-story trees or one (1) canopy tree planted for each thirty (30) parking spaces or twelve-thousand (12,000) square feet of parking area, or fraction thereof; and

(3) Interior parking areas shall contain planting islands located so as to best relieve the expense of paving. Interior planting areas shall be a minimum of one-hundred (100) square feet for each under-story tree and two-hundred (200) square feet for each canopy tree dimensioned in such a way as to provide a suitable area for planting.

(b) Perimeter landscaping shall be provided where a parking lot is within twenty (20) feet of a public right-of-way line and there is not an intervening building. Whenever a parking lot abuts a public right-of-way, a perimeter landscape area of at least five (5) feet in depth shall be maintained on private property and may include any required setback area. All necessary access ways shall be permitted through all such landscaping areas. (Ord. 3414; Ord. 3493, §8)

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Sec. 42-230.6 Buffer-Yard Standards.

Buffer-yards shall be required as shown on the Table of Buffer-yard Requirements. A buffer-yard shall be provided for a proposed commercial or industrial development when it will be located in a zoning district listed in the left-most column of the table and the development is adjacent to a zoning district listed across the top of the table. Commercial or industrial developments adjacent to a PUD district shall provide a buffer-yard based on the corresponding zoning district of the existing or proposed uses permitted in the PUD district as determined by the Community Development Director. Buffer-yards are not required if there is an intervening public street between the districts with a right-of-way width of fifty (50) feet or more or if a railroad right-of-way separates the two districts.

All or a portion of a buffer-yard may be used to satisfy a required setback, but in no instance shall parking spaces or outside storage/display be permitted in a buffer-yard.


Table of Buffer-Yard Requirements

Adjacent Zoning District
Development Zoning District R-RR-1R-2R-3GIC-OC-1C-2C-3M-1PM-2PUD
C-1BBAAAA*****A
C-2DDCCCC*****C
C-3EECCCC*****C
M-1FFEEDDCCC**C
M-2GGFFEEDDDC*C

* No buffer-yard required

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Sec. 42-230.7. Buffer-Yard Definitions.

(a) Buffer-yards are defined in terms of the number of plant units required for each one-hundred (100) linear feet. The number of plant materials required shall be rounded up when a fraction is calculated. Property owners may increase the width and planting density of the buffer-yard.


Required plantings per 100 linear feet

Canopy tree(s)Under-story treesEvergreen treesShrubs
Buffer yard A 1 1 2 10
Buffer yard B 1 2 2 12
Buffer yard C 3 2 2 16
Buffer yard D 3 3 4 20
Buffer yard E 4 3 4 24
Buffer yard F 4 4 5 28
Buffer yard G 5 4 5 34

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Sec. 42-230.8. Sight Distance and Utility Easements.

(a) Strict compliance with these landscaping requirements shall not be required if it would cause visibility obstructions, particularly at intersections. The requirements set forth herein may be modified by the Community Development Director to the extent necessary to mitigate unnecessary economic hardship.

(b) Buffer-yard and parking lot perimeter landscaping shall be provided in such a requirements set forth herein may be modified to the extent necessary to manner as to minimize their impact on utility construction and maintenance requirements. Plantings on utility easements shall be limited to ornamental or under-story trees, shrubs and hedges. In this instance, each required canopy tree shall be replaced with two (2) ornamental or under-story trees to reduce conflicts with overhead utilities. Plantings in or adjacent to a utility easement shall be coordinated with the effected utility company. (Ord. 3414)

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Sec. 42-231 Boundary Description of the Rolla Arts & Entertainment Overlay District.

Beginning at the center of the Burlington Northern Santa Fe Railroad tracks and the south right-of-way line of Seventh Street; thence in an easterly direction, to the southeast intersection of Seventh Street and Olive Street; thence in a northerly direction, to a point eighty feet north of the northeast intersection of Seventh Street and Olive Street; thence in an easterly direction, a distance of two hundred and twenty-eight feet to the west right-of-way line of Cedar Street; thence in a northerly direction, along the west right-of-way line of Cedar Street to the southwest intersection of Tenth Street and Cedar Street; thence in an easterly direction, along the south right-of-way line of Tenth Street to a point three hundred and five feet east of the intersection of Tenth Street and Cedar Street; thence in a southerly direction, one hundred and ninety-five feet; thence west two hundred and forty-four feet to the east right-of-way line of Cedar Street; thence in a southerly direction, to the southeast intersection of Cedar Street and Seventh Street; thence in an easterly direction, along the south right-of-way line of Seventh Street, to the southwest intersection of Seventh Street and Maple Street; thence in a southerly direction, along the west right-of-way line of Maple Street to the northwest intersection of Fifth Street and Maple Street; thence in a westerly direction along the north right-of-way line of Fifth Street, to the center of the Burlington Northern Santa Fe Railroad tracks; thence in a northeasterly direction, along the center of the Burlington Northern Santa Fe Railroad tracks, to the southeast intersection of Seventh Street, also being the point of beginning. (Ord. 3946)

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Sec. 42-231.1. Purpose of the Rolla Arts & Entertainment Overlay District

The purposes of the overlay district are to encourage the preservation, enhancement, expansion and integration of the arts and associated cultural activities, including arts-related support uses, within the area defined as the RA&ED. Additional purposes are to encourage a scale of development, a mixture of building uses, and other attributes, such as safe and attractive conditions for pedestrian and vehicular movement, all of which are consistent with the goals of the RA&ED Urban Conservation and Redevelopment District Plan. The overlay district is intended to expand business and job opportunities by helping Rolla become a destination point for visitors. Finally, this designation as an overlay district will strengthen the design character and identity of the district as a place devoted to promoting the arts and entertainment. (Ord. 3946)

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Sec. 42-231.2. General Provisions.

Development in the RA&ED shall be governed by the overlay district regulations and the underlying zoning regulations. Where there are conflicts between this Division and the underlying zoning, the more restrictive regulations shall govern. The requirements of this Division and the underlying zoning regulations shall apply to all new construction and to any renovation of, addition to, or repair of existing buildings in the RA&ED. (Ord. 3946)

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Sec. 42-231.3. Definitions.

Words found in the text of this Division shall be interpreted in accordance with the provisions set forth in this section. Where words are not defined, the standard dictionary definition shall prevail. The following terms have the meanings indicated: