Bowling Green City Zoning Code

"A" Agricultural District.

"R-1" Single-Family Dwelling District.

"R-2" Two-Family Dwelling District.

"R-3" Medium Density Multiple-Family Dwelling District.

"R-4" High Density Multiple-Family Dwelling District.

"RMH" Residential Manufactured Home Park District.

"BR" Business-Residential Overlay District.

"B-1" Highway Business District.

"B-2" Central Business District.

"I" Industrial District.

"O-P" Planned Office Park District.

Where a boundary line is given a position within a street, alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such alley or stream varies slightly from the location as shown on the District Map, then the actual location shall control.

Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.

In unsubdivided property, unless otherwise indicated the district boundary line shall be determined by the use of the scale contained on such map.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building or structure is located.

The minimum yards and other open spaces, including lot areas per family required by this Chapter, shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces and lot areas for each and every building or structure whether existing at the time of passage of this Chapter or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure.

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.

Farms, truck gardens and nurseries, including the sale and distribution of agricultural products and products other than machinery, that are to be used for agricultural purposes; provided, however, that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish or offal.

Airports and landing fields having prior approval of the Federal Aviation Agency.

Publicly owned or operated properties.

Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members and not for gain.

Railroad rights-of-way.

Public schools and institutions of higher education, public libraries, municipal buildings.

Single-family dwellings.

Churches and other places of worship, Sunday school buildings and parish houses.

Cemeteries, including mausoleums; provided that mausoleums shall be distant at least two hundred (200) feet from every street line and adjoining lot lines and, provided further, that any new cemetery shall contain an area of twenty (20) acres or more.

Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.

Roadside stands, offering for sale only farm products which are produced upon the premises.

Riding stables, veterinary hospitals or the keeping of small animals; provided that any building or enclosure housing animals shall be located at least one hundred (100) feet from all property lines.

Grain elevators or similar storage structures, including buildings for seasonal or temporary storage of grain, whenever such elevator and temporary storage are located upon or adjacent to a railroad right-of-way.

Hospitals and institutions of an educational, religious, charitable or philanthropic nature; provided, however, that such buildings shall not be located upon sites containing an area of less than five (5) acres, may occupy not over ten percent (10%) of the total area of the lot, and that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.

Accessory building or use customarily incidental to any of the above uses.

Church bulletin board or a temporary sign not exceeding twenty (20) square feet in area, appertaining only to the lease, hire or sale of a building or premises or the sale of products grown and sold on the premises; provided, however, that not more than one (1) sign of the above character shall be permitted on any lot or tract.

Public utilities, including water treatment plants, sewage treatment plants and electrical distribution plants.

Farm, nurseries and truck gardens, each of which shall be limited to the propagation and cultivation of plants, provided no retail or wholesale business shall be conducted upon the premises, and no noxious fertilizer is stored upon the premises, and no noxious soil or fertilizer renovation is conducted thereon.

Churches and synagogues.

Single-family dwellings.

Child-care facilities under the following restrictions:

Garage sales incidental to single-family dwelling use, but not more than three (3) sales per household per calendar year and not more than three (3) days in succession for any one (1) sale. No more than one (1) sign per residential lot shall be allowed to advertise such garage sale and such sign shall be limited to no more than two (2) square feet in size, ground mounted no more than three and one-half (3 1/2) feet above mean grade of land, displaying no more than three (3) colors and stating only "garage sale and an address." No sign shall be posted on public property and no sign shall be posted on any private property without the prior consent of all owners of said private property. All signs must be erected so as not to constitute a traffic, pedestrian, safety or health hazard. No sign shall be posted more than twenty-four (24) hours prior to the sale and must be removed no later than twenty-four (24) hours after the sale. Any sign not complying with these requirements shall be removed by the City and the violation of these requirements shall subject the person or persons doing so to prosecution for violation of the City ordinances with a minimum fine of twenty-five dollars ($25.00).

Golf courses and clubhouses appurtenant thereto, except miniature golf courses, driving ranges and other activities operated as a business.

Home occupations, under the following restrictions:

Public police and fire stations.

Public administrative buildings.

Public libraries.

Public museums.

Public parks and playgrounds, including public recreation or service buildings within such parks.

Public schools, elementary and secondary, private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including gymnasiums, stadiums and dormitories if located on the campus; provided that, before any building or structure shall be hereafter constructed on a campus of an institution of higher learning, a development plan of the campus shall be submitted to the Commission, and after a public hearing, the Commission shall report its recommendations to the Board of Aldermen. If the Board of Aldermen shall approve the development plan by ordinance, such plan shall be filed with the permanent records of the City. The development plan shall show existing and future buildings, parking areas, streets and drives, athletic facilities, and other features which may affect surrounding property or the public interest. The Administrative Officer shall determine, or cause to be determined, that any building or structure hereafter constructed substantially conforms to the approved development plan prior to the issuance of a building permit. If at any time a major deviation from the approved plan is proposed, said plan shall be amended and submitted to the Commission and the Board of Aldermen for approval in the same manner as the original plan.

Publicly owned and operated community buildings.

Temporary real estate sales office located on property being sold and limited to a period of sale, but not exceeding two (2) years without issuance of a conditional use permit therefor by the Board of Adjustment.

Accessory buildings and uses.

Buildings and premises for public utility services or public service corporations, whose buildings or uses the Board of Adjustment deems reasonably necessary for public convenience or welfare.

Cemeteries, which may include mausoleums thereon, for humans.

Private lakes.

Private outdoor swim and tennis clubs.

Private stables.

Reservoirs, wells, water towers, filter beds, water supply plants or water pumping stations.

Reuse Of Places Of Assembly. Churches and synagogues or any property used primarily as a place of public assembly as a permitted use in an "R-1" district may be reused as a place of assembly subject to the terms and restrictions of the conditional use permit granted therefor, and further provided that:

Minimum Lot Area. Not less than seven thousand two hundred (7,200) square feet, provided that where a lot of record existing on the effective date of this Section provides less than the area required herein, this regulation will not prohibit the erection of a single-family dwelling, and provided that where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than fifteen thousand (15,000) square feet per dwelling unit.

Minimum Lot Width. Not less than seventy-two (72) feet at the building line, provided that where a lot of record existing on the effective date of this Section provides less than the width required herein, this regulation will not prohibit the erection of a single-family dwelling.

Minimum Yard Requirements.

Maximum Building Height. Thirty-five (35) feet.

Vision Clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure or plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

Minimum Floor Area. Not less than nine hundred sixty (960) square feet per dwelling unit, excluding basements, porches and garages.

All permitted uses in an "R-1" district.

Two-family dwellings.

Buildings and premises for public utility services or public service corporations, whose buildings or uses the Board of Adjustment deems reasonably necessary for public convenience or welfare.

Cemeteries, which may include mausoleums thereon, for humans.

Private lakes.

Private outdoor swim and tennis clubs.

Private stables.

Reservoirs, wells, water towers, filter beds, water supply plants or water pumping stations.

Reuse of places of public assembly.

Minimum Lot Area.

Minimum Lot Width. Not less than one hundred (100) feet at the building line; provided that where a lot of record existing on the effective date of this Section provides less than the width required herein, this regulation will not prohibit the erection of a single-family dwelling.

Minimum Yard Requirements.

Maximum Building Height. Thirty-five (35) feet.

Vision Clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure or plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

Minimum Floor Area. Not less than eight hundred fifty (850) square feet per dwelling unit, excluding basements, porches and garages.

All permitted uses in an "R-2" district.

Adult day-care facilities.

Single-family attached dwellings each of which contains not more than four (4) dwelling units, whether singly or arranged in groups or clusters.

Multiple-family dwellings, each of which contains not more than four (4) dwelling units, whether singly or arranged in clusters.

Lodging houses, under the following restrictions:

Buildings and premises for public utility services or public service corporations.

Cemeteries, which may include mausoleums thereon, for humans.

Counseling centers operated by charitable or not-for-profit organizations, but excluding half-way houses or any use connected with penal or correctional institutions.

Private lakes.

Private outdoor swim and tennis clubs.

Private stables.

Reservoirs, wells, water towers, filter beds, water supply plants or water pumping stations.

Reuse of places of public assembly.

Minimum Lot Area. Not less than seven thousand five hundred (7,500) square feet and not less than two thousand five hundred (2,500) square feet per dwelling unit, provided that where a lot of record existing on the effective date of this Section provides less than the area required herein, but not less than five thousand (5,000) square feet, this regulation shall not prohibit the erection of a single-family dwelling.

Minimum Lot Width. Not less than one hundred (100) feet at the building line provided that where a lot of record existing on the effective date of this Section provides less than the width required herein, this regulation will not prohibit the erection of a single-family dwelling.

Minimum Yard Requirements.

Maximum Building Height. Thirty-five (35) feet.

Vision Clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure or plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

Minimum Floor Area. Not less than eight hundred fifty (850) square feet per dwelling unit, excluding basements, porches and garages.

Additional regulations for multiple-family dwellings arranged in groups or clusters and single-family attached dwellings arranged in groups or clusters:

All permitted uses in an "R-3" district.

Counseling centers operated by charitable or not-for-profit organizations, but excluding half-way houses or any use connected with penal or correctional institutions.

Multiple-family dwellings.

Single-family attached dwellings.

Philanthropic or eleemosynary uses primarily of a residential character.

Buildings and premises for public utility services or public service corporations, whose buildings or uses the Board of Adjustment deems reasonably necessary for public convenience or welfare.

Cemeteries, which may include mausoleums thereon, for humans.

Private lakes.

Private outdoor swim and tennis clubs.

Private stables.

Reservoirs, wells, water towers, filter beds, water supply plants or water pumping stations.

Reuse of places of assembly.

Minimum Lot Area. Not less than seven thousand (7,000) square feet and at least one thousand five hundred (1,500) square feet per dwelling unit, provided that multiple-family dwellings exceeding forty-five (45) feet in height shall provide not less than eight hundred fifty (850) square feet per dwelling unit.

Minimum Lot Width. Not less than one hundred (100) feet at the building line provided that where a lot of record existing on the effective date of this Section provides less than the width required herein this regulation will not prohibit the erection of a single-family dwelling.

Minimum Yard Requirements.

Maximum Building Height. Forty-five (45) feet provided that this requirement shall not apply to multiple-family dwellings which provide passenger elevators.

Vision Clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure or plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

Minimum Floor Area. Not less than eight hundred fifty (850) square feet per dwelling unit, excluding basements, porches and garages.

Additional Regulations For Multiple-Family Dwellings And Single-Family Attached Dwellings. Where single-family attached dwellings, multiple-family dwellings, or groups of single-family attached dwellings or multi-family dwellings contain a total of thirty-six (36) or more dwelling units:

All permitted uses in an "R-1" district, except that not more than two (2) permanent dwelling units shall be located in any manufactured home park.

Manufactured homes and manufactured home sites offered for lease or rent only within an approved manufactured home park.

Recreational uses located within an approved manufactured home park designed for the exclusive use of the residents of the manufactured home park.

All uses listed as conditional uses in the "R-1" district regulations.

Minimum Size Of Development. Four (4) acres.

Maximum Building Height. Twenty-four (24) feet.

Yard, Setback And Private Space Requirements.

Stormwater Management. A stormwater management system shall be provided and designed to minimize the possibility of soil erosion and flood damage on site and downstream.

Minimum Lot Requirements. Each manufactured home site shall contain at least five thousand (5,000) square feet in area and provide a minimum fifty (50) feet in width, provided that a manufactured home site containing a "double-wide" manufactured home shall contain a minimum eight thousand (8,000) square feet in area and provide a minimum eighty (80) feet in width.

Street And Drives, Minimum Design Standards. Interior access within a manufactured home park may be provided by public streets or private drives. Public streets shall be built to City standards. When private drives are used, the following standards shall apply:

Required Access. At least one (1) access point onto a public street shall be provided for each one hundred (100) manufactured home sites within a manufactured home park.

Parking Requirements. Paved parking shall be provided on each manufactured home site at the rate of two (2) parking spaces per manufactured home. In addition, paved guest parking spaces shall be provided at the rate of one (1) parking space per manufactured home provided that guest parking shall not be required when public streets or private drives serving the interior of the manufactured home park provide a minimum thirty-two (32) feet in width. Parking spaces may be located on one (1) side of private drives only on private drives which are at least twenty-eight (28) feet in width. Parking spaces may be located on both sides of private drives which are at least thirty-two (32) feet in width.

Stands And Tie-Downs For Manufactured Homes.

Skirting. All manufactured homes shall be skirted. Skirting shall be compatible with the manufactured home materials and shall be finished. Composition building board and raw wood shall not be used as skirting unless finished with a weatherproof and termite-proof material.

Miscellaneous Standards.

Age Regulation, Inspection And Permits. A permit shall be required for placement of a manufactured home in the City limits prior to placement and shall only be issued upon receipt of the inspection and a determination of the City Administrator or his or her designee that the manufactured home is less than fifteen (15) years of age and suitable for human habitation.

The applicant shall prepare and submit a preliminary development plan to the Commission. Prior to submittal of the preliminary development plan, the applicant is encouraged to review with the City Administrator applicable land use and development concepts, regulations and other concerns that may be raised. The preliminary development plan shall contain the following information:

The following additional items shall be submitted along with the preliminary plan:

The Commission shall conduct a public hearing on the preliminary development plan after giving notice by publication at least fifteen (15) days prior to the date of the public hearing and by mailing to the owners of property located within one hundred eighty-five (185) feet of the property listed by the applicant. Following the conclusion of the public hearing, the Commission shall forward the preliminary development plan to the Board of Aldermen together with a recommendation. The recommendation of the Commission shall be based upon consideration of the impact of the proposed manufactured home park on:

The Board of Aldermen, after consideration of the Commission recommendation, may approve, approve conditionally or refuse to approve the preliminary development plan.

After approval of the preliminary development plan, the applicant shall submit a final development plan consistent with the approval for final review by the Commission. The final development plan shall depict the following:

After review, the Commission shall forward the final development plan to the Board of Aldermen with a recommendation. In making a recommendation, the Commission shall also determine whether the final development plan is in substantial conformance with the approved preliminary development plan for the manufactured home park. Approval of the final development plan by the Board of Aldermen shall be deemed to satisfy the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met.

No permit shall be issued until the final development plan for the manufactured home park is approved by the Board of Aldermen.

In the event that development of the approved manufactured home park has not commenced within two (2) years of the date of approval of a final development plan, the approval of the final development shall lapse and the applicant for subsequent approval shall be subject to all requirements of this Section for approval of a manufactured home park.

Following final approval of a manufactured home park, minor adjustments to the approved final development plan may be authorized by the City Administrator. Changes, other than those considered minor by the City Administrator, shall be submitted to the Commission for review. If the Commission considers the change to be in substantial compliance with the approved final development plan, the Commission may approve the revision. If the Commission considers the change to be a substantial deviation from the approved final development plan, a revised preliminary plan shall be required and shall be reviewed as a new application.

Advertising agency.

Bank.

Telephone switching facility.

Office, general or professional (i.e., accounting, law, insurance agency, real estate brokerage or similar).

Medical or dental office or clinic.

Beauty parlor/barbershop.

Communications/electronics equipment, installation and repair.

Data/information processing.

Locksmith.

Mortuary or funeral home.

Photocopying or duplicating services.

Photographic studio.

Sewing and millinery shop (custom).

Shoe repair.

Tailor shop.

Travel agency.

Upholstery shop or furniture repair (non-automobile).

Antique shop.

Art dealer/art gallery.

Book or stationery shop.

Camera or photographic supply shop.

Nursing home.

Laundromat.

Off-Street Parking. One (1) parking space shall be provided for each employee and one (1) additional parking space shall be provided for each two hundred (200) square feet of interior space, excluding basements and storage areas. No parking shall be permitted in required front yards.

Outside Storage, Delivery. No outdoor display or storage shall be permitted. No deliveries having a frequency of more than one (1) per month shall be made from tandem axle trucks, truck-tractors or trailers.

Signage. Signage shall be limited to one (1) non-illuminated, wall-mounted or monument sign of not more than three (3) square feet of message area.

Solid Waste. All exterior solid waste storage or disposal containers and container racks or stands shall be screened from public view by a sight-proof enclosure a minimum of five (5) feet in height. No solid waste storage or disposal containers or facilities shall be located in a required front yard.

No alterations or modifications shall be made to the exterior of any residential building existing on the effective date of this Section which are incompatible or inconsistent with the residential character of the building.

All buildings shall conform to all required setbacks in the underlying residential zoning district.

Where a use permitted within a "BR" district directly adjoins a residential property, a landscaped greenbelt at least fifteen (15) feet in width shall be provided and maintained along the appropriate property line of the "BR" use. The open area shall be planted with trees and/or shrubs. All landscaping shall be maintained in a healthy, growing condition and shall be at all times neat and orderly in appearance. The fifteen (15) foot greenbelt shall not be used for off-street parking facilities or for loading space. Along the inner side of the greenbelt, except when the greenbelt adjoins a public street, there shall be provided either:

Where any new building construction, including restoration of an existing residential building, is proposed for a use permitted in a "BR" district, prior to the issuance of any occupancy permit, the building:

Boarding or lodging homes, motels, hotels, and apartments if such apartments are on the second floor or higher.

Bowling alleys, dance halls or skating rinks.

Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

Dressmaking, tailoring, shoe repairing, repair of household appliances, bicycle repair, dry cleaning and pressing, self-service laundries and cleaning establishments, bakeries with or without sale of bakery products on the premises and other uses of a similar nature.

Farm machinery, implements and equipment sale or repair.

Filling stations, commercial garages, automobile repair shops, new or used automobile sales lots, automobile parking lots and truck terminals, provided that outdoor storage of inoperative vehicles or of vehicle parts shall be permitted only if screened from public view by a sight-proof enclosure of wood or masonry construction at least ten (10) feet in height and set back a minimum thirty (30) feet from any lot line.

General service and repair establishments, including dyeing or cleaning works, laundries, plumbing and heating, printing, painting, upholstering, tinsmithing and other uses of a similar nature.

Funeral homes or mortuaries, including crematoriums.

Hospital or clinics for small animals, dogs, cats, birds and the like.

Laboratories. Research, experimental or testing.

Offices and office buildings.

(Reserved)[1]

Personal service uses, including barbershops, beauty parlors, photographic or artists studios, taxicabs, newspaper or telegraphic service stations, dry-cleaning receiving stations, restaurants and other personal service uses of a similar nature.

Private clubs and lodges, retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store.

Theaters, drive-in theaters and assembly halls.

(Reserved)[2]

Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatuses.

Manufacture of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.

Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packaging and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods, boxes, crates, furniture, baskets, veneer and other wood products of a similar nature.

Generally those light manufacturing uses similar to those identified specifically as conditional uses which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat or glare.

Any use permitted in the "B-1" Highway Business District.

Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatuses.

Manufacture of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.

Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packaging and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods, boxes, crates, furniture, baskets, veneer and other wood products of a similar nature.

Generally those light manufacturing uses similar to those identified specifically as conditional uses which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat or glare.

Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatuses.

Manufacture of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.

Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packaging and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods, boxes, crates, furniture, baskets, veneer and other wood products of a similar nature.

Generally those light manufacturing uses similar to those identified specifically as permitted uses which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat or glare than that which is generally associated with light industries of the type specifically permitted.

Warehouse and storage facilities.

Bakery whose products are sold at retail on the premises;

Bank;

Barbershop or beauty parlor;

Business or commercial school or dancing or music academy;

Catering establishment;

Clinics providing the practice of medicine or dentistry for humans but not including inpatient care or major surgery operating rooms;

Electric and shoe repairs;

Filling stations;

Fire station;

Hospitals and clinics for animals, but not open kennels;

Lodge halls;

Messenger or telegraph service stations;

Office buildings;

Painting and decorating shop;

Parks and playgrounds;

Photograph gallery;

Post office;

Public garage: Except that the vehicle storage of such use shall be located behind the building, if possible and screened by privacy fence and landscaping;

Recreation building or structure;

Restaurants;

Sales or show rooms except no vehicle, heavy equipment or manufactured home sale lots;

Stores or shops for the conduct of a retail business;

Theater or amusement place;

Tailor shop;

Undertaking establishment;

Accessory buildings and uses customarily incident to the above uses.

No building shall exceed two and one-half (2 1/2) stories or forty (40) feet in height.

All buildings to be erected within this zoning district shall be constructed in accordance with the building ordinances of the City of Bowling Green, Missouri, the provisions of Section 500.010 of this Code and the regulations of the Bowling Green Fire District and shall be constructed with brick veneer on all walls facing a street. Walls perpendicular to the wall facing the street shall be of masonry construction provided they are at right angles to the wall facing the street. Any configuration other than right angle shall require the wall to be brick veneer. Not less than eighty percent (80%) of area of the exterior walls requiring brick veneer, excluding windows and doors, shall be constructed with brick facings. The remaining twenty percent (20%) shall be of color that is compatible with the brick color.

Exceptions. Restaurant exteriors which are consistent with an advertising theme may be exempted from this Section by a two-thirds (2/3) majority approval of the Board of Aldermen, upon application, provided that all other applicable standards are met.

Front Yard.

Side Yard.

Rear Yard.

Intensity Of Use. Every lot or tract of land shall have an area of not less than ten thousand (10,000) square feet.

To allow office uses in an integrated office park setting where appropriate.

To encourage development of such scale and character that it will be harmonious with surrounding areas and minimize any adverse impacts.

Banks, other financial institutions and travel agencies.

Buildings and premises for public utility services or public service corporations.

Drive-up facilities incidental to any permitted uses.

Hospitals for human beings, medical or dental clinics, sanitariums and medical laboratories.

Office buildings used for the administrative functions of businesses, professions, companies, corporations; and social, philanthropic, eleemosynary or governmental organizations or societies.

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: doctors, dentists, lawyers, certified public accountants, insurance sales, etc.

Any other use the Board of Aldermen deems consistent with the intent of the "O-P" Planned Office Park District.

Minimum Size. Three (3) acres.

Yards. Yards shall be provided as follows:

Building Height. No specific maximum; however, there shall be one (1) additional foot of rear yard and interior side yard setback provided above the required minimum for each additional foot of height for buildings over thirty-five (35) feet tall abutting a residential zoned district. The applicant may request or the Planning and Planning and Zoning Commission may recommend and the Board of Aldermen may approve a greater maximum building height.

Vision Clearance. On any corner lot, no wall, fence, sign or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

Parking And Loading. The provisions of Section 405.380, Off-Street Parking Regulations, shall apply, except that the Planning and Zoning Commission may recommend and the Board of Aldermen may approve a lesser parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, a lesser requirement is deemed appropriate.

Screening And Landscaping. A permanent screen consisting of a masonry wall, wood fence, landscaping material or combination thereof, at least eight (8) feet in height and, when a fence is used, not to exceed twelve (12) feet in height, shall be required where a lot in this district abuts residentially zoned land. If landscaping material, including live vegetation, is used for the screening, such landscaping materials, including live vegetation, shall achieve a height of at least eight (8) feet within four (4) full growing seasons and shall provide adequate screening year round. In the event a masonry wall or wood fence is used, landscaping shall be placed between the wall or fence and the property line to form an ornamental screen. The required screening and landscaping shall be maintained in good order and not allowed to exist in a state of disrepair or death. If wood fencing is used, it shall be durable in nature and treated to prevent rapid deterioration. Failure to maintain the required screening and landscaping shall be considered a violation of this Section.

The applicant may request or the Planning and Zoning Commission may recommend and the Board of Aldermen may approve less stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening and landscaping requirements are deemed appropriate.

Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

Access And 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. The streets and pedestrian ways within the proposed development shall be public and within a public right-of-way, except private streets and pedestrian ways may be permitted under the following conditions:

Signs. The provisions of Chapter 420, Signs and Advertising Devices, shall apply, except that the requirements pertaining to area, height, placement and number of freestanding signs and on-premises wall signs shall be as approved by the Board of Aldermen as part of the development plan.

The first step in the approval process shall be a concept review to discuss and document the proposal. The concept review is an informal discussion and review between the City Administrator or designee and the applicant to discuss land use and development concepts, applicable regulations and other concerns that may be raised.

The second step shall be the submission of an application for rezoning to "O-P." Rezoning shall be done in accordance with Section 405.040 Amendments and shall be accompanied by a statement of intent. The statement of intent shall be a letter, signed by the applicant or his/her agent, containing the following information about the proposed "O-P" development:

Agreement To Fund City Review Of "O-P" Zoning Application And Development Plan. As a prerequisite to the City's consideration of any "O-P" zoning application and development plan, the applicant shall enter into a written and enforceable agreement with the City to fund the City's review of the applicant's "O-P" zoning application and development plan. This review may include, but is not limited to, the procurement of private technical planning, engineering and legal expertise. No term of any agreement to fund the City's review of an "O-P" zoning application and development plan shall limit or be construed to limit the City's review and consideration of the "O-P" zoning application, development plan and supporting materials or the City's sole discretion and ability to select and hire the necessary and proper technical planning, engineering and legal experts to assist in the proper review of the "O-P" zoning application and development plan.

The Planning and Zoning Commission shall issue a report and recommendation on the "O-P" zoning request.

The Board of Aldermen, after a duly noticed hearing subject to the provisions of Section 405.040 Amendments, shall approve, approve with conditions or disapprove the "O-P" zoning request. An ordinance placing property in an "O-P" Planned Office Park District shall specify the uses allowed. Prior to a vote on an ordinance placing property in an "O-P" Planned Office Park District that contains conditions, the applicant shall be given an opportunity to:

Guarantee Of Completion. Before approval of a development plan, the Board of Aldermen shall require a written agreement with safeguards approved by the City Attorney to secure construction of public improvements and guaranteeing completion of the site development plan or designated portion thereof in a period to be specified by the Board of Aldermen but which period shall not exceed five (5) years unless extended by recommendation of the Planning and Planning and Zoning Commission for due cause shown and approved by the Board of Aldermen. The agreement shall provide a performance bond or escrow covering one hundred percent (100%) of the estimated cost of all public improvements.

After the Board of Aldermen approval of the rezoning, the applicant shall submit a development plan for review and approval by the Planning and Zoning Commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. Prior to the public hearing held by the Board of Aldermen, the Planning and Zoning Commission shall forward the development plan to the Board of Aldermen with its recommendation. The Board of Aldermen will then conduct a public hearing and take action to approve, approve with conditions or disapprove the plan.

The development plan submittal shall include the following:

In addition to the above, an "O-P" development plan submittal shall include a set of design parameters which the Board of Aldermen shall use as guidance when considering future revisions to an approved "O-P" development plan. The design parameters shall be in the form of a letter and shall include the following:

Approval of the development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations proposed as part of the development plan shall be stated clearly on the development plan. Such variances may be considered concurrently by the Board of Adjustment; however, the Planning and Zoning Commission may not recommend a development plan, nor may the Board of Aldermen approve a development plan that includes any variance unless such variance has been previously approved by the Board of Adjustment or otherwise legally granted.

No building permit shall be issued until the development plan is approved by the Board of Aldermen.

From and after two (2) years following the date of approval of a development plan by the Board of Aldermen, the Board of Aldermen may, by a majority vote, withdraw approval of such development plan, provided development has not commenced.

Changes to an approved "O-P" development plan may be made subject to approval by the City Administrator, provided that any such changes are within the limits set forth in the approved design parameters. Any proposed changes which exceed the limits of the design parameters shall be processed as required by Subsection (F)(9) below.

Changes to an approved development plan, other than those within the limits set forth in the approved design parameters, shall be submitted to the Planning and Zoning Commission for a public hearing. If, after the public hearing, the change is considered to be in substantial compliance with the approved development plan, the Planning and Zoning Commission may approve the revision. If, however, the change is considered to be a substantial deviation from the approved development plan, the Planning and Zoning Commission may recommend to the Board of Aldermen that a revised development plan be required. The Board of Aldermen shall then take action on the proposed revision without a public hearing. If the Board of Aldermen determines that the proposed change is a substantial deviation from the approved development plan, a revision to the development plan shall be required. This revision shall be processed in the manner herein described for development plans. The revised development plan shall not be approved unless findings made by the Board of Aldermen are reflected on the revised development plan. In determining whether or not the change is a substantial deviation from the approved development plan, the Planning and Zoning Commission and Board of Aldermen may use, but are not limited to, the following criteria:

The applicant may submit the development plan at the time of rezoning to "O-P." Under this option, the development plan will be considered as part of the rezoning request.

Review Of Abandoned Projects. In the event that a development plan is given final approval and thereafter the applicant or successors fails to commence construction of the development intended by the approved development plan within one (1) year after final approval has been granted, then such final approval shall terminate and be deemed null and void unless such time period is extended by the Board of Aldermen after receipt of a report by the Planning and Zoning Commission following written application by the applicant or the applicant's successors. Upon termination of an approval, the Planning and Zoning Commission shall review any changes in the District Map brought by the proposed development. If the Planning and Planning and Zoning Commission finds said changes to be inappropriate, the Planning and Zoning Commission shall recommend to the Board of Aldermen that the map be revised in accordance with the procedures for changes and amendments.