Series 101 2000 ORDINANCES/RESOLUTIONS
Section 101-203 Ord. 16424; Establishing the Benton Stephens Urban Conservation District
Ordinance No. 16424 Council
Bill No. B 112-00A
establishing the Benton Stephens Urban Conservation District; and fixing the time when this
ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
SECTION 1. Establishment of Benton Stephens Urban Conservation District. The zoning
district map established and adopted by Section 29-4 of the Code of Ordinances of the City of
Columbia, Missouri is amended so that the land within the following boundaries will become a
part of District U-C (Urban Conservation Overlay District) and shall be known as the Benton
Stephens Urban Conservation District:
The north side of East Walnut Street between Old 63 and North College Avenue, the east side
of North College Avenue between East Walnut Street and the COLT railroad right-of-way,
southeast side of the COLT railroad right-of-way between North College Avenue and Business
Loop 70, the west side of Paris Road between Business Loop 70 and Ammonette Street, the
south side of Ammonette Street between Paris Road and Old 63, and the west side of Old 63
between Ammonette Street and East Walnut Street.
SECTION 2. Exemptions.
(a) This ordinance shall not apply to any land in zoning
districts PUD, O-P or C-P.
(b) This ordinance shall not apply to any land in zoning
districts O-1, C-1, C-3 or M-1 except
that any new construction within those districts shall comply with the screening requirements of
section 29-17 (d)(6).
(c) This ordinance shall not apply to mosques, synagogues,
public schools, private colleges,
churches, or homeless shelters operated by religious institutions.
SECTION 3. Home Occupations as Conditional Uses in District R-1.
(a) The R-1 conditional use provisions of Section 29-6
of the City Code pertaining to home
occupations shall not apply in the Benton Stephens Urban Conservation District.
(b) In addition to the home occupations allowed as permitted
uses in District R-1, home
occupations may be permitted in those areas of the Benton Stephens Urban Conservation District
that are in district R-1 after the issuance of a conditional use permit pursuant to the City Code
subject to the following restrictions:
1. A home occupation shall be
incidental to the use of a dwelling unit for residential uses.
2. The business owner must reside
on the premises.
3. No more than two full time
employees who do not reside on the premises may be
employed by the business.
4. The conditional use permit
may limit the hours of operation.
5. Any signs used for identification
or advertisement of the business must be attached to
the structure and may not be larger than two square feet and may not be illuminated.
6. No more than forty (40) per
cent of the total floor area of the dwelling unit and garage
shall be devoted to the home occupation. A garage shall not be used for a home occupation if
such use has the effect of eliminating required parking.
7. The home occupation shall
be conducted entirely within the dwelling unit or garage and
no stock in trade shall be displayed or visible outside, or stored outside of any building, nor shall
any raw materials, tools or appliances or waste products be stored outside of any building.
8. No power other than electric
shall be used and no single machine shall draw more than
one-half horsepower and not more than one horsepower total shall be used.
9. The use shall not generate
traffic in volumes greater than would normally be expected
in a residential neighborhood. For purposes of this section, the normal volume of traffic
generated by single-family dwelling shall be defined as twenty-four vehicle trips to or from the
dwelling unit per twenty-four hour period.
10. The use shall not produce
noise, obnoxious odors, vibrations, glare, fumes or electrical
interference detectable to normal sensory perception outside the structure.
11. No toxic, explosive, flammable,
combustible, corrosive, radioactive or other restricted
materials may be used or stored on the site.
12. An applicant for a conditional
use permit for a home occupation must include with the
application appropriate plans detailing how the dwelling will be used or altered to accommodate
the use. Thereafter, whenever any permit or license is to be renewed, the dwelling may be
inspected to determine how it has been altered to accommodate the use.
Abatement. Any home occupation
which does not comply with the above restrictions
shall be brought into compliance within thirty (30) days of the notice of the deficiency. It shall
be unlawful to fail to comply with the above restrictions after notice.
13. The Board of Adjustment may
grant a conditional use permit for a limited period of
SECTION 4. Standards and Criteria. The following criteria
apply to all new development in
the Benton Stephens Urban Conservation District. Except where otherwise specifically
provided, structures existing before passage of this ordinance may be structurally altered but not
enlarged without conforming to the requirements of this section. Additional dwelling units shall
not be added to a structure without conforming to the requirements of this section.
(a) Lot Size. No modification of the underlying
(b) Yards. The intent of
yard requirements in the Benton Stephens Urban Conservation
District is to promote development that is compatible with surrounding residential property. For
the purposes of applying setback regulations, the following shall be applied: the front shall be
toward the street or access corridor from which the lot is addressed; the rear is opposite to the
front or as nearly so as the lot shape permits; and the sides are ninety degrees to the front or as
nearly so as the lot shape permits.
1. Front - Not less than twenty-five (25) feet in depth, except that up to 25%
of the front
elevation measured along the adjacent street front may project a maximum of two feet into the
required front yard, in order to encourage reasonable variety of front facades.
2. Rear - No modification of the underlying zoning district.
3. Side - No modification of the underlying zoning district except that for all
corner lots in the
Benton Stephens Urban Conservation District side streets shall provide a side yard adjacent to
the side street of not less than twenty-five (25) feet, provided this regulation shall not reduce the
buildable width of a corner lot of record at the time of passage of this ordinance to less than
sixty-five (65) percent of the total width of such lot, and provided further that the minimum side
yard regulations of the underlying zoning district must be observed.
In addition to the rear and side yard requirements of the underlying zoning district, for all uses
other than detached single-family uses, no building hereafter constructed may be located less
than thirty (30) feet from an existing non-accessory structure on the same lot.
(c) Building Height. For
all uses other than detached single-family uses, buildings shall
be restricted to a maximum of two stories, not to exceed a maximum building height of thirty
as otherwise provided by this section, parking requirements will be in
accordance with Section 29-30 of the City Code, Off-Street Parking and Loading.
2. For all uses other than detached single-family uses, off-street parking facilities
with the construction of a new structure or the alteration or change of use of an existing structure
shall not be located in the front of the subject lot or parcel.
3. For all uses other than detached single-family uses, parking shall be located
at the rear of a
structure, or may be built into a structure.
4. For all uses other than detached single-family uses, parking may be located
to the side of a
structure if parking to the rear is unavailable. In that event, parking to the side of a structure shall
not exceed sixty feet along the adjacent street front.
parking directly in front of a lot will count toward fulfilling the off-street
parking requirement. One parking space credit will be given for every space provided.
(e) Screening and Landscaping Requirements. No modification to the underlying
district; except for the following:
minimum of twenty-five (25) percent of the total land area of any tract, parcel or
lot shall be landscaped.
new buildings or additions to existing buildings shall be permitted unless
additional landscaping is provided on the tract, parcel or lot in an area equal to at least twenty-five
(25) percent of the land area occupied by the new building or addition.
parking areas containing more than two (2) spaces within twenty (20) feet of a
street right-of-way shall have a six (6) feet wide street yard landscaping strip within private yards
separating parking areas from abutting street rights-of-way containing no less than four (4) of the
categories of planting materials listed in paragraph (f) of Section 29-25 of the City Code. The
street yard landscaping strip shall contain one tree per thirty (30) feet of street frontage. Such
trees shall be planted at intervals of thirty (30) to fifty (50) feet on center in the landscaping strip.
addition to the above, parking areas developed after August 19, 1991, and
additions to parking areas which were developed prior to August 19, 1991, containing more than
twenty (20) parking spaces shall contain a minimum of one (1) tree for every 3,000 square feet of
5. Parking areas containing more than two (2) spaces, or loading/unloading areas
(50) feet of a residential use or residential zoning district, but not separated by street right-of-way,
shall be screened from view of the adjoining use or district, by landscaping materials,
ornamental fence and walls in combination with plant materials, properly stabilized earthen
berms, or a combination of any of these methods.
(f) Pedestrian Circulation. The traffic circulation system shall provide
for the safe, convenient
and efficient movement of goods and people with a minimum of conflict between various modes
of travel. Provisions shall be made for pedestrian travel within the development and shall
connect with existing pedestrian systems and allow for future extensions to activity centers
outside the development.
(g) Porches - Covered porches facing the front yard are required to be
constructed on all newly
constructed non-accessory structures in the Benton Stephens Urban Conservation District. The
front facing covered porch shall be a minimum length of 40% of the front width of each dwelling
unit with a minimum depth of six (6) feet.
(h) Roof Type and Pitch - All
newly constructed non-accessory structures shall have
gabled or hip roofs with pitches having a minimum slope of four units vertical in twelve units
(I) Orientation to the Street
- All new non-accessory structures erected in the Benton
Stephens Conservation District shall provide entrances, windows and porches oriented to the
street from which it is addressed.
(j) Garages - Attached garages with garage doors facing the front lot line are
shall not be more than ten feet in width, nor shall the garage extend any further into the front
yard than the front porch.
(k) Side Porches, Entrances or
Balconies - Side porches or balconies should not extend
into side yards. For all uses other than detached single-family uses, side entrances are allowed
only if the side yard building setback is increased to a minimum of fifteen (15) feet.
(l) Air Conditioning Units and Heat Pumps - Air conditioning units and
heat pumps shall not
be located in front of the building line. All AC units or heat pumps located in a side yard shall be
screened from front and side yard view with appropriate permanent yard structure or evergreen
(m) Every building face shall
contain a minimum five (5) percent of the total face square
footage in glazing.
(n) Any building face, or screening
or fencing greater than thirty-five (35) feet in length
shall be constructed with a differing projection at least once every thirty-five (35) linear feet.
(o) The following are prohibited
fencing and screening materials: Chicken wire, Hardware
cloth (of any size) and pallets. All fencing in disrepair shall be removed or repaired
SECTION 5. Procedure for Review and Approval of Development
(a) Prior to the issuance of
a building permit for any uses other than a detached single-family use in the Benton Stephens Urban
Conservation District, the applicant shall submit a
development plan for review and approval by the director of planning and development. Upon
receiving the development plan, the director shall notify the Benton-Stephens Neighborhood
Association in writing.
(b) The development plan submittal
shall be clearly drawn in ink on eight and one-half
(8½) inch by eleven (11) inch or eighteen (18) inch by twenty-four (24) inch sheets of single or
double matted polyester film or an approved equivalent, at a scale of at least one (1) inch equals
twenty (20) feet.
(c) The development plan submittal
shall include the following:
legal description of the property to be developed;
boundaries and dimensions of the lot or lots to be developed and the boundaries
and dimensions of all adjacent lots;
location of all lot setback lines along street rights-of-way;
location and designation of all easements on the lot to be developed;
location of all existing buildings on, and adjacent to, the lot or lots to be
proposed location of all new structures including the location and dimensions of
entrances, windows, porches, balconies and attached garages;
location and dimensions of all existing and proposed parking areas;
location and dimensions of all proposed sidewalks and pedestrian systems; and
9. Other information deemed necessary to show compliance with this section.
(d) The director of planning
and development shall approve a development plan that
complies with the items in subsection (c) of this section and the standards and criteria of section
4 within two weeks of receiving the plan. A copy of the approved plan shall then be sent to the
building regulations supervisor.
SECTION 6. This ordinance shall be in full force and effect from and after
PASSED this 1st day of May, 2000.