Bates City City Zoning Code
ARTICLE IV
Zoning Districts And Regulations
Section 400.280 Zoning Districts - General.
[Ord. No. 5053, 4-30-2015]
A.
Establishment Of Zoning Districts. In order to classify and segregate the uses of land and buildings, the following districts are hereby established:
A | Agricultural |
R-1 | Residential |
R-1A | Residential-A |
R-2 | Duplex Residential |
R-3 | Multifamily Residential |
C | Commercial |
I | Industrial |
PD | Planned Development |
B.
Zoning Map. The Official Zoning Map ("Zoning Map") and the explanatory material thereon is hereby adopted by reference and declared to be a part of these Regulations. Such Zoning Map and all the notations, references and other matters shown on the Map shall be as much a part of these Regulations as if the notations, references and other matters set forth by said Map were all fully described in the Zoning Regulations. The Zoning Map shall be on file in the office of the City Clerk and shall bear the signature of the Mayor attested by the City Clerk under certification as the Official Zoning Map.
C.
Zoning District Boundaries. The boundaries of zoning districts within these Regulations are as indicated upon the Zoning Map. Whenever the City approves an amendment to the Zoning Map, such amended Zoning Map is made a part of these regulations by reference.
D.
Changes In The Zoning Map. No change in the Zoning Map shall be made except in accordance with these regulations. All such changes, together with the ordinance number and the date of change, shall be recorded on the Zoning Map by the City Clerk, with the signature of the Mayor.
E.
Interpretation Of The Zoning Map. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
1.
Boundaries indicated as following streets, highways, alleys or other public rights-of-way shall be construed to follow the center lines thereof.
2.
Boundaries indicated as following platted lot lines shall be construed as following the lot lines.
3.
Boundaries indicated as approximately following section lines, quarter lines, quarter section lines, or quarter-quarter section lines shall be construed as following the lines.
4.
Boundaries indicated as following corporate limits shall be construed as following corporate limits.
5.
Boundaries indicated as following the rivers, streams, creeks or other waterways shall be construed to follow the center lines.
6.
Boundaries not capable of being determined in the previous paragraphs shall be as dimensioned on the Zoning Map or, if not dimensioned, shall be determined by the scale shown on the Zoning Map.
7.
Where a district boundary divides a lot of record, the Planning and Zoning Commission may permit, as a conditional use permit, the extension of the district regulations for either portion of the lot to the remaining portion of the lot, provided that the district regulations may not be applied for a distance greater than fifty (50) feet beyond the established district boundary line.
8.
Where physical features are at variance with those shown on the Zoning Map, or in other circumstances not covered by the foregoing, the Zoning Administrator shall interpret the district boundaries subject to appeal to the Planning and Zoning Commission, consistent with the land use maps, goals, objectives, policies and actions as set forth in the City's adopted Comprehensive Plan.
F.
Maintenance Of The Zoning Map. The Zoning Administrator shall maintain the Zoning Map.
Section 400.290 District A (Agricultural District).
[Ord. No. 5053, 4-30-2015]
A.
Permitted Uses. In District A, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Agriculture, horticulture, nurseries, greenhouses, orchards and general farming.
2.
Riding stables provided the stables shall be located not less than one hundred (100) feet from any property line.
3.
Dairies, dairy farming, including enterprises which are incidental to the dairy operations.
4.
Dog kennels used for the purpose of breeding dogs for a fee or other consideration received, provided the buildings and pens shall be located not less than two hundred (200) feet from any property line.
B.
Accessory Uses.
1.
Accessory uses, including repair shops, windmills, sheds, garages, barns, silos, bunk houses, incidental dwellings, buildings and structures commonly required for any of the above uses, and roadside stands of not over two hundred (200) square feet in area offering for sale only products which are produced on the premises.
C.
Performance Standards. See Table 4-1.
Section 400.300 District R-1 (Residential District).
[Ord. No. 5053, 4-30-2015]
A.
Permitted Uses. In District R-1, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen.
C.
Performance Standards. See Table 4-1.
Section 400.310 District R-1A (Residential-A District).
[Ord. No. 5053, 4-30-2015]
A.
Permitted Uses. In District R-1A, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single-family detached.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen.
C.
Performance Standards. See Table 4-1.
Section 400.320 District R-2 (Duplex Residential District).
[Ord. No. 5053, 4-30-2015]
A.
Permitted Uses. In District R-2, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings, single- and two-family.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen.
Section 400.330 District R-3 (Multifamily Residential District).
[Ord. No. 5053, 4-30-2015]
A.
Permitted Uses. In District R-3, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Dwellings.
2.
Churches, temples, synagogues and associated outreach services.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools and private schools with curricular equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen.
Section 400.340 District C (Commercial).
[Ord. No. 5053, 4-30-2015]
Section 400.350 District I (Industrial District).
[Ord. No. 5053, 4-30-2015]
A.
Permitted Uses. In District I, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
Section 400.360 Planned Development District (PD).
[Ord. No. 5053, 4-30-2015]
A.
Purpose And Intent. The intent of the Planned Development ("PD") regulations is to permit greater flexibility and consequently more creative and imaginative design than generally is possible under conventional zoning regulations. It is hereby intended to permit, upon application and upon approval of site and use plans, the creation of Planned Development ("PD") Districts. Such a designation shall be determined by, and shall be 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 overcrowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements, and with a reasonable consideration being given, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City. In "PD" District, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot by lot rather than a unified basis.
B.
Application Of Planned Development District Provisions. A PD District may be proposed for any location in the City if 1) more than one (1) land use is proposed on a single land; 2) different land uses that would not otherwise be permitted to locate within the same zoning district are proposed for development on one (1) or more adjacent parcels under single or separate ownership; or 3) an exception or variance from the size, setback, frontage, density, uses or other standards that are required in other zoning districts permitting the same uses are being proposed as part of a development plan. No PD District shall be considered without submission of a development plan. A site proposed for a PD District classification shall contain a contiguous area of five (5) acres or more, unless a smaller area is specifically approved by the governing body due to special and unusual circumstances. Property shall be deemed to be contiguous if all parts are under unified control, to ensure that the development plan can be executed as approved, and all parts abut or are separated by only a road, easement, or right-of-way.
C.
Effect Of Planned Development District Approval. Approval of a PD District shall constitute an amendment to the zoning ordinance. Designation of a property as a Planned Development ("PD") District in accordance with an approved development plan shall supersede all existing and prior zoning classifications. A planned district approved by the Board of Aldermen by ordinance shall be designated on the Zoning Map by the letters "PD."
D.
Standards. All PD Districts shall at a minimum satisfy the following standards and requirements:
1.
Uses Permitted. The Development Plan shall specify, both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses as are to be permitted. The Board of Aldermen may include or exclude uses from the Development Plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determinations of the uses to be permitted within the PD District, the Board of Aldermen may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD District, the appropriateness of permitted uses for the area in general and their overall impact on the community and the consistency of the permitted uses with other adopted plans and policies.
a.
Residential. A PD District may allow for a more flexible placement, arrangement and orientation of residential structures, with accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities such as garages and parking. A PD District also may provide for a mixture of housing types (single-family, two-family, multifamily, etc.) according to a carefully drawn plan. The proposed residential development shall make maximum use of natural features, and, through proper site planning measures, it shall be compatible with the existing character and development pattern of the surrounding area. In a PD District proposing more than seventy-five (75) individual residential dwelling units, no more than twelve percent (12%) of such units should be two-family or multifamily units.
b.
Office. A PD District may contain orderly, well-designed office and institutional uses compatible with the surrounding area.
c.
Commercial. A PD District may provide for maximum attainable commercial usage of property while ensuring development consistent with the governing body's long-range plans.
d.
Industrial. A PD District may contain land designated for a single industrial use or for multiple but compatible industrial uses in an industrial park.
e.
Conditional Uses. Approval of a use requiring a "conditional use permit" shall be considered as an amendment to the PD District. In considering a "conditional use permit," in addition to the Zoning Ordinance's applicable section on conditional uses, all rezoning considerations for a PD District shall be applicable.
2.
Intensity Of Development. The Development Plan shall contain provisions to regulate the intensity of development within the PD District. Such provisions may apply to the project as a whole or to subareas within the project as appropriate.
a.
For nonresidential development, the intensity of development may be regulated:
(1)
By specifying an appropriate floor area ratio(s) (FAR);
(2)
By specifying maximum square footage or gross leasable area;
(3)
By specifying setbacks, height and bulk restrictions; or
(4)
By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, nonresidential development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other residential activities. The Board of Aldermen may impose such standards and restrictions as necessary to achieve the intent of this Section. In making its determination regarding the intensity of development and appropriate performance standards, the Board may consider character and scale of similar developments, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services, and consistency with other plans and policies.
b.
For residential development, the preliminary and final development plans shall specify the residential density for the project as a whole or for subareas within the project as appropriate. In making its determination regarding whether the proposed residential density is appropriate, the Board may consider i) compatibility of residential densities with other uses within the district as well as outside the district, ii) the impact of residential densities on public facilities and services, iii) the consistency with the Comprehensive Plan and other adopted plans and polices, and iv) the comparison of allowed density under the residential zoning districts.
3.
Bulk, Area And Height Requirement. The Development Plan shall specify bulk, area and height restrictions for the project as a whole and for subareas and/or components of the project as appropriate. The Board may impose alternate or additional standards or restrictions to achieve the intent of this Section. In making its determination regarding such standards or restrictions, the Board may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, the general character and scale of similar developments within the area of the proposal, and the consistency with adopted plans and policies. The Development Plan shall contain a summary of how the proposed bulk, area and height requirements differ from those set forth in Table 4-1 of these regulations.
4.
Public Facilities. The Development Plan shall specify conditions, restrictions and standards relating to the timely provisions of necessary public facilities as appropriate. The Board may impose conditions, restrictions and standards as appropriate to achieve the intent of this Section. In making its determination regarding such conditions, restrictions and standards, the Board may consider the adequacy of existing public facilities and services, the timely provision of adequate public facilities and services and the overall cost to the community.
5.
Access To Public Thoroughfares. The Development Plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The Board may impose such access standards and restrictions as necessary to protect the integrity and function of the City's thoroughfare system and to otherwise achieve the intent of this Section. In making its determination regarding such access standards and restrictions, the Board may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns on other adopted plans and policies.
6.
Off-Street Parking And Loading Requirements. Unless specifically modified by the Development Plan, the off-street parking and loading requirements contained within these regulations shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to density and/or occupancy characteristics of the project and/or the availability of public transportation.
7.
Signs. Unless specifically modified by the Development Plan, the sign regulations contained within these regulations shall apply. Modifications to the sign regulations shall be approved only if the general intent to the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.
8.
Perimeter Treatment. The Development Plan shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The Board may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.
10.
Preliminary Development Plan. An applicant may submit a Preliminary Development Plan, which shall contain, at a minimum, the following information:
a.
A legal description of the site proposed for PD designation, including a statement regarding present ownership and present zoning. The legal description must contain the original signature and seal of a Missouri registered surveyor.
b.
A Master Conceptual Plan that indicates parcel, tract or lot locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; the intensity of land use in the development and each land use component, if appropriate; the amount of land in common area open space, recreation use or public use, if appropriate; and the treatment of project boundaries.
c.
Written text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site lay-outs, if appropriate; provisions for maintenance of common areas; any proposed agreements, dedications or easements; any proposed private covenants and restrictions; and any other information required by this Section or pertinent to a determination of compliance with the Section.
d.
A Circulation Plan that indicates roads adjoining the property; the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. The Circulation Plan may be included as part of the Master Conceptual Plan.
e.
An Improvement Plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal, including method and location of sewage discharge; methods and facilities for the management of stormwater runoff; improvements to streets and roads; and any other physical improvements required to support the project.
f.
A Statistical Summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project; the gross and net residential density within the project and within each land use component of the project; and floor area, floor area ratios, open space ratios, and other data relating the intensity of development to the site size and location.
g.
An Environmental Impact Statement indicating possible problem areas within the site as well as solutions to these problems as intended by the developer.
h.
To the extent that phases are applicable, phases of development must be shown on the preliminary development plan. If the development will occur in phases, the applicant shall submit a development plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permit shall be issued for any phase of development until a final development plan for that phase is approved by the Board of Aldermen.
i.
The following elements are optional at the request of the Planning and Zoning Commission:
(1)
A Sign Plan which indicates the location, size and design and other pertinent provisions relating to signs within the project.
(2)
A Parking Plan which shows the number of parking spaces as well as their general location and design.
(3)
Any other plan element or technical study that the Planning and Zoning Commission or the Board of Aldermen deem necessary to adequately consider and review the Preliminary Development Plan. The Preliminary Development Plan shall be reviewed as a zoning amendment and shall be processed as such.
11.
Final Development Plan.
a.
Due to diversity in size and character of proposals considered under this Section, flexibility in the form, content and approval procedures of the Final Development Plan should be retained. Toward this end, the Board of Aldermen shall specify, as part of its approval of the Preliminary Plan, the form, content and approval authority of the Final Development Plan.
b.
In the event that the Board considers a submission of a Final Development Plan necessary for all or part of the District, it shall so specify in its approval of the Preliminary Development Plan. The Board may retain its authority to approve the Final Development Plan or may delegate its approval authority to the Planning and Zoning Commission or to a specified official(s). In the event the approval authority is delegated, the Board shall specify the limits of discretion to be exercised by the approving authority.
c.
No building permit shall be issued for all or any portion of a PD District until the Final Development Plan has been approved.
d.
Every Final Development Plan shall provide all the information required of a Preliminary Development Plan and shall further include grading, landscaping, lighting and signage plans.
12.
Failure To Commence Construction After Approval A PD District.
a.
If substantial construction has not commenced within:
(1)
Three (3) years after the date of Board of Aldermen approval for a PD development site of less than a total of two hundred (200) acres; or
(2)
Five (5) years after the date of Board of Aldermen approval for a PD development site of more than a total of two hundred (200) acres, the Zoning Administrator shall review the development plan to determine whether the development plan should be voided or remain in effect.
b.
If the Zoning Administrator shall determine that the development plan or any phase thereof is no longer viable, he shall present the matter to the Planning and Zoning Commission for recommendation to the Board of Aldermen. Simultaneously therewith, the Zoning Administrator may request the Planning and Zoning Commission to review the existing zoning classification. The Zoning Administrator may request that the property be rezoned to that district which immediately preceded the approval of the planned district.
c.
The Planning and Zoning Commission shall hold a public hearing on the issue of voiding the development plan or any phase thereof and on the issue of rezoning the property, if so requested by the Zoning Administrator. The recommendation of the Planning and Zoning Commission shall be referred to the Board of Aldermen.
d.
After a public hearing, the Board of Aldermen shall have the final determination as to whether the development plan or any phase thereof shall be voided or remain in effect, as well as to whether the property should be rezoned.
e.
If the Zoning Administrator shall determine that the development plan or any phase thereof is viable or necessary to carry out the requirements of this Chapter, the Zoning Officer shall declare that the development plan or any phase thereof shall remain in effect; provided, however, that the Zoning Administrator shall report monthly to the Planning and Zoning Commission detailing the plans to remain in effect.
f.
Nothing stated within this Section shall be deemed to prohibit an application for an amendment to or a subsequent application for a planned district.
13.
Subdivision Plats And Site Plans Required. At the option of the applicant, the preliminary development plan may also serve as the preliminary plat. If the option is exercised, the plan shall include information required of preliminary plats. However, PD Districts are to be reviewed on their individual merits upon specific application of a developer. Any conflicts with the other provisions of this UDO may be waived by the Board of Aldermen to carry out the intent of a plan.
Section 400.365 Table 4-1 - Zoning District Performance Standards.
A | R-1 | R-1A | R-2 | R-3 | C | I | |
|---|---|---|---|---|---|---|---|
Minimum lot size (square feet or acres) | 1 | 14,000 | 7,000 | 15,000 | 22,000 | 10,000 | 15,000 |
Maximum building height (feet) | 45 | 35 | 35 | 35 | 35 | 35 | 45 |
Minimum building setbacks (feet) | |||||||
Front | 40 | 25 | 25 | 25 | 25 | 25 | 25 |
Side | 20 | 10 | 10 | 12 | 10 | 10 | 20 |
Rear | 40 | 25 | 25 | 25 | 25 | 25 | 25 |
Minimum lot width (feet) | — | 80 | 65 | 100 | 110 | 50 | 75 |
Minimum Floor Area (square feet — main level) | 1,200 | 1,200 | 1,200 | 900 (ea. unit) | 900 (ea. unit) | — | — |
A | Agricultural |
R-1 | Residential |
R-1A | Residential-A |
R-2 | Duplex Residential |
R-3 | Multifamily Residential |
C | Commercial |
I | Industrial |
PD | Planned Development |