De Soto City Zoning Code
ARTICLE III
Zoning Districts-Use and Regulations
Section 405.100 "A-1" Agricultural Activities District Regulations.
[CC 1988 §§29-8.1 — 29-8.6; Ord. No. 3194 §1, 10-24-1994; Ord. No. 3415 §1, 7-17-2000; Ord. No. 3808 §1, 4-20-2009]
Section 405.110 "R-1" One-Family Dwelling District Regulations.
[CC 1988 §§29-9 — 29-14; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3808 §1, 4-20-2009; Ord. No. 4044 §1, 9-21-2015; Ord. No. 4915, 7-17-2023]
A.
Permitted Uses.
1.
Single-family dwelling.
2.
Public park or public operated recreational facility.
3.
Church.
4.
Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools.
5.
Golf course or grounds, except a miniature course or practice driving range operated for commercial purposes.
6.
Any public building erected and used by any department of the City, County, State or Federal Government.
7.
Agricultural uses such as field crops, truck gardening; berry or bush crops, tree crops; flower gardening; nurseries; orchards; aviaries; including a greenhouse but not including a salesroom or roadside stand.
8.
Accessory building, use or structure.
9.
Group homes.
10.
Home occupation.
B.
Conditional Uses.
1.
Day care center or equivalent.
2.
Country club, swimming club, tennis club and private recreation clubs excluding indoor tennis, racquetball and swimming clubs.
3.
Private recreational facilities including lakes, tennis courts, golf courses and the like.
4.
Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems.
D.
Area Regulations.
1.
Intensity of use.
a.
Minimum lot area shall be twenty thousand (20,000) square feet.
b.
Minimum lot width shall be one hundred (100) feet.
c.
The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
d.
Group homes: The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be located within one thousand (1,000) feet of another group home.
Section 405.120 "R-2" One-Family Dwelling District Regulations.
Section 405.130 "R-3" Two-Family Dwelling District Regulations.
Section 405.140 "R-4" Multiple-Family District Regulations.
[CC 1988 §§29-27 — 29-32; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3549 §3, 1-22-2004]
D.
Area Regulations.
1.
Intensity of use.
a.
Minimum lot area shall be six thousand two hundred fifty (6,250) square feet per unit for one-family dwelling, three thousand one hundred twenty-five (3,125) square feet per unit for two-family dwelling or one thousand five hundred (1,500) square feet per unit for a multi-family dwelling.
b.
Minimum lot width shall be fifty (50) feet.
c.
The maximum lot coverage by buildings or structures shall not exceed thirty percent (30%) of the lot area.
Section 405.150 "C-1" Office and Professional District.
[CC 1988 §§29-33 — 29-38; Ord. No. 2788 §4, 10-21-1985]
A.
Permitted Uses.
1.
All uses allowed in the "R-4" Multiple-Family District.
2.
Banks and financial institutions.
3.
Hospital, medical clinic, nursing home or sanitarium.
4.
Travel agencies.
5.
Offices for professional, business, executive or administrative use involving the sale or provision of services but not the sale or rental of goods including, but not limited to:
a.
Lawyers, architects, realtors, accountants, insurance agents, brokers, advertisers, engineers, designers and other consultants in similar professions.
b.
Physicians, dentists, chiropractors or other licensed medical practitioners.
c.
Seamstresses or tailors.
d.
Teachers of private lessons in art, music or dance.
6.
Veterinary hospital for small animals, if entirely within an enclosed building.
B.
Conditional Uses.
1.
Drive-up facilities incidental to permitted uses.
2.
All conditional uses allowed in "R-4" Multiple-Family District.
3.
Restaurants or cafeteria facilities for employees.
4.
Pharmacy, retail sales of dental supplies and equipment and medical and dental laboratories located wholly within an office building having sixty-five percent (65%) or more of its floor area devoted to medical and dental office use.
5.
Research labs.
D.
Area Regulations.
1.
Intensity of use.
a.
Lot size. If used for dwellings, six thousand two hundred fifty (6,250) square feet per unit for one-family, three thousand one hundred twenty-five (3,125) square feet per unit for two-family, one thousand five hundred (1,500) square feet per unit for a multi-family.
b.
Minimum lot width. No restriction.
Section 405.160 "C-2" Downtown Commercial District.
[CC 1988 §§29-39 — 29-44; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3765 §1, 3-17-2008; Ord. No. 3805 §1, 4-20-2009]
A.
Permitted Uses.
1.
Any use permitted in the "C-1" Office and Professional District.
2.
Religious, educational or eleemosynary institutions of a philanthropic nature.
3.
Clothing and apparel services including laundry pickup, automatic laundry, dressmaking, millinery tailor shop and shoe repair.
4.
Food services including grocery, meat market, bakery, restaurant, delicatessen, food market and similar self-service units but not including any business of a drive-in type.
5.
Personal services including barber shop, beauty shop, music studio, photography and art studios, messengers, taxicabs and telegraphic branch service stations and other similar uses.
6.
Retail services and sales including drug store, hardware store, gift shop, dry goods and notion stores and sporting good stores.
7.
Private school or business or commercial school.
8.
Automobile service stations.
9.
Theatres, except drive-ins.
10.
Florist shop.
11.
Funeral parlors or mortuaries.
12.
Billiard parlor or bowling alley.
13.
Hotel or motel, lodging house or boarding house.
14.
Wholesale or distributing establishment or warehouse or wholesale market.
15.
Printing, publishing or engraving.
16.
Any other use of a similar character which is not objectionable by reason of odor, dust, smoke, gas, fumes, noise or vibration which is not prohibited.
B.
Conditional Uses.
[Ord. No. 4546, 10-21-2019]
1.
Restaurants and other establishments serving alcoholic beverages.
2.
Drive-in type, including restaurants, banks and theaters.
3.
Tattoo and/or body-piercing establishments.
4.
Microbreweries.
5.
Medical marijuana dispensary facilities, as defined in the Missouri Constitution, Article XIV, Section 1.
Section 405.170 "C-3" General Commercial District.
[CC 1988 §§29-45 — 29-50; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3516 §1, 12-16-2002; Ord. No. 3765 §1, 3-17-2008; Ord. No. 3805 §1, 4-20-2009]
A.
Permitted Uses.
[Ord. No. 4536, 8-19-2019]
1.
All uses permitted in the "C-2" Downtown Commercial District.
2.
Drive-in theaters.
3.
Truck or bus garage or repair shop.
4.
Automobile, trailer or boat display and sale.
5.
Automobile body or engine repair shops.
6.
Agricultural services including machinery sales and repair establishments and farm supply stores.
7.
Mobile home and trailer sales and repair.
8.
Show room and sales of new automobiles, farm machinery and other vehicles and equipment and the display and sales of used cars, farm machinery and other equipment when in conjunction with the show room and sales of new units thereof. Also repair of same when in conjunction with the show room and sales.
9.
Medical Marijuana Dispensary Facility, as defined in the Missouri Constitution, Article XIV, Section 1.
B.
Conditional Uses.
1.
Open air display areas and indoor storage structures. Display areas/storage structures must be located behind all building setback lines.
2.
Lots for the sale of used cars, trucks, farm machinery and other used vehicles and equipment, when not sold in conjunction with sales of new cars, machinery, vehicles or equipment, and for the repair thereof.
3.
Places of amusement, entertainment or recreation such as bowling alleys, miniature golf, commercial swimming pool, golf driving range, theaters, roller and ice skating rinks and dance halls.
4.
All conditional uses allowed in the "C-2" Light Commercial District.
5.
Machinery repair, general contracting or equipment rental.
6.
Tattoo and/or body piercing establishments.
7.
Microbrewery.
D.
Area Regulations.
1.
Intensity of use.
a.
Lot size. If used for dwellings, six thousand two hundred fifty (6,250) square feet per family for one-family dwelling, three thousand one hundred twenty-five (3,125) square feet per family for two-family dwelling, one thousand five hundred (1,500) square feet per family for multi-family dwelling.
b.
Lot width. No restrictions.
Section 405.180 "M-1" Light Manufacturing District.
[CC 1988 §§29-51 — 29-55; Ord. No. 2788 §4, 10-21-1985; Ord. No. 3516 §2, 12-16-2002; Ord. No. 3607 §1, 12-20-2004; Ord. No. 3765 §1, 3-17-2008; Ord. No. 3808 §1, 4-20-2009]
A.
Permitted Uses.
[Ord. No. 4536, 8-19-2019]
1.
Research oriented and light industrial park uses.
2.
Manufacturing, compounding process or treatment of such products as bakery goods, candy, cosmetics, dairy products, food products, drugs, perfumes, pharmaceutical toiletries and frozen food lockers.
3.
Assembly of merchandise such as electrical appliances, electronic precision instruments and articles of similar nature.
4.
Packaging of previously prepared materials but not including the bailing of discards, old iron or other metal, wood, lumber, glass, paper, rags, cloth or similar materials.
5.
Printing, lithographic, blueprinting and similar uses.
6.
Light manufacturing industrial use which by the nature of the materials and equipment are free from any objectionable or dangerous nuisance or hazard including any of the following goods or materials: drugs, jewelry, musical instruments, sporting goods, glass products, small household appliances, electronic products, printed matter, baked and dairy products, advertising displays, tents and awnings, brushes and brooms, cameras and photographic equipment and supplies, wearing apparel, leather products and luggage but not including tanning products from such finished products as plastic, bone, cork, feathers, felt, fiber, paper, glass, hair, horn, rubber, shell or yarn.
7.
Research and testing facilities.
8.
Warehouse and material distribution centers and contractors' establishments provided that all products and material and equipment are stored within an enclosed building or within an appropriately screened and fenced side or rear yards.
9.
Body, paint and repair shops for automobiles and other vehicles.
10.
Any accessory use, building or structure.
11.
Tattoo and/or body piercing establishments.
12.
Medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility and medical marijuana testing facility, as defined in the Missouri Constitution, Article XIV, Section 1.
B.
Conditional Uses.
1.
Restaurants and cafeteria facilities for employees but not including drive-in facilities.
2.
Truck, bus, taxi and rail terminals.
3.
Airport.
4.
Open air display areas and indoor storage structures. Display areas/storage structures must be located behind all building setback lines.
5.
Commercial service facilities of the kind needed to serve customers and employees of an industrial park such as but not limited to, restaurants but not including drive-ins, auto service stations, auto washes, gift shops, offices and motels.
6.
Sexually oriented business.
7.
Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems.
D.
Area Regulations.
Section 405.190 "M-2" General Manufacturing District.
[CC 1988 §§29-56 — 29-61; Ord. No. 2788 §4, 10-21-1985]
A.
Permitted Uses. Any use except the following conditional uses, and except that no dwelling other than that for a resident watchman or caretaker employed on the premises shall be permitted.
B.
Conditional Uses.
1.
Acid manufacture.
2.
Asphalt manufacturing.
3.
Automobile wrecking, cars and parts, storage and sale.
4.
Cement, lime, gypsum or plaster of Paris manufacture.
5.
Explosives manufacture or storage.
6.
Fat, grease, lard or tallow rendering or refining.
7.
Fertilizer manufacture.
8.
Public or private dumps, incinerators and sanitary landfills, junk yards or inoperative vehicle storage.
9.
Glue or size manufacture.
10.
Junk and salvage, paper, metal, rags, waste or glass storage treatment or bailing.
11.
Paper manufacture.
12.
Petroleum refining or manufacturing.
13.
Petroleum products terminal.
14.
Smelting of tin, copper, zinc or iron ores.
15.
Stockyards of the slaughter of animals.
16.
Storage or processing of rawhides or fur.
17.
Any conditional uses permitted in the "M-1" Light Manufacturing District.
Section 405.200 "PUD" Planned Unit Development.
[CC 1988 §§29-62 — 29-68; Ord. No. 2788 §4, 10-21-1985]
A.
General Regulations — Purpose. This overlay district is intended to provide for innovative developments. The major objectives of a Planned Unit Development are:
1.
To promote greater flexibility than is permitted by standard district regulations for tracts and lands where the planned development would better utilize the topographic and natural character of the site and would produce a more economic and stable development.
2.
To allow permanent preservation of common open space and provision of recreational facilities.
3.
To promote a creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.
4.
To provide for developments which will have a more beneficial effect upon the health, safety, general welfare and stability of the City than developments under strict conformity with district regulations.
5.
To allow innovations in residential, commercial and industrial development so that growing demands of population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.
B.
Permitted Uses. In District PUD, no building, land or premises shall be used, and no building shall be erected, constructed, reconstructed or altered except for one (1) or more of the following uses:
1.
Uses permitted in a PUD will be the same as those allowed in the underlying district; however, in District "R-4" PUDs, not more than five percent (5%) of the developed floor area of the PUD may be used for commercial uses. Such uses shall be compatible with surrounding residences and primarily for the use of the residents of the PUD.
2.
Private clubs providing recreational facilities for their members, such as country clubs and bath and tennis clubs, may be included in residential districts where residents of the PUD can reasonably be expected to be members, where such facilities can reasonably be expected to enhance the residential and desirability of the area included in the PUD, and which would have no substantial adverse affect on areas surrounding the planned area. Facilities permitted under this use would be permitted to provide those types of services generally associated with such clubs to their members including those otherwise permitted only in commercial districts. Land occupied for such club facilities shall not be included in the total area comprising the PUD for the purpose of computing residential density.
C.
General Standards And Criteria. The following standards and criteria shall apply to all PUD developments:
1.
Size. There is no minimum size requirement for property to be considered for a PUD district; provided however, no planned unit development shall be approved where the size of the property is such that the purpose of these regulations cannot be achieved.
2.
Ownership. A planned unit development shall be under single ownership and/or unified control.
3.
Density.
a.
The maximum density shall be calculated on the land area that remains after deducting all perimeter street right-of-way requirements.
b.
If the PUD is within two (2) or more residential zoning districts, the maximum permitted density shall be the sum of permitted dwelling units computed separately for the area within each district.
4.
Height requirements. The building height requirements of the prevailing district may be waived, but no building shall exceed sixty-five (65) feet.
5.
Yards. There shall be a twenty-five (25) foot setback from all perimeter property lines of the PUD.
7.
Access. The streets, driveways and pedestrian ways within the proposed development must be adequate to serve those using the PUD.
8.
Utilities. All PUDs shall provide for utilities.
9.
Off-street parking and loading. The provisions of Section 405.390, Parking Requirements, shall apply to all PUDs.
10.
Location. A PUD can be located in any district. A PUD may be approved provided that all provisions of this Section are complied with, but approval is not mandatory, and PUD is not a use of right.
11.
Design characteristics. The proposed PUD shall be designed to provide for the unified development of the area in accordance with the purpose of the district or districts in which the development is located. The design may provide for modification of yard, setback, varying density or other variations consistent with the intent of this Section. The design may provide for one (1) or more dwelling unit types and may have common building sites. Open space and/or common land should be an essential and major element of the plan.
12.
Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.
D.
Procedure For Review And Approval Of A PUD. The following procedures shall be followed:
1.
2.
Approval of the final PUD plan shall be deemed as satisfying the requirements of the subdivision regulations, provided all those requirements have been met unless specifically exempted by the regulations of this district.
3.
No building permit shall be issued until the final PUD plan has been approved.
4.
The approval of the project shall be automatically terminated if construction is not begun within one (1) year of the time of approval.
E.
Residential PUD.
1.
Permitted uses. Uses in a residential planned development must conform to those in the underlying district, except as previously mentioned.
2.
Lot size. There is no minimum size requirement for individual buildings, however no planned unit development shall be approved where the size of the property is such that the purposes of these regulations cannot be achieved.
3.
Gross density.
In District "R-1": Not more than two (2) dwellings per acre. | |
In District "R-2": Not more than four (4) dwellings per acre. | |
In District "R-3": Not more than six (6) dwellings per acre. | |
In District "R-4": Not more than twenty (20) dwellings per acre. |
4.
Gross density incentives. The maximum gross densities for residential planned developments specified above may be increased if recommended by the Commission and approved by the Council, but not greater than fifty percent (50%) above the gross density otherwise permitted in the district, in accordance with the following standards:
a.
In no case shall the gross density premium increase the density in any district in excess of ten (10) dwelling units per gross acre.
b.
For planned developments which abut a public park which is ten (10) acres or more in area, density can increase not more than ten percent (10%).
c.
For the dedication of public recreational areas, density can increase equal to the number that would otherwise have been permitted upon the lands so dedicated.
d.
For the provision of unique design features such as golf courses and lakes, swimming pools underground parking and other similar features which require unusually high development costs and which achieve an especially attractive and stable development, density increase will be determined by the Commission.
e.
When a PUD provides for a greater number of dwelling units per acre than normally permitted, the developer shall show that the increase will not have an adverse impact upon existing public facilities or on reasonable enjoyment of neighboring property.
5.
Lot width. The requirements of the prevailing district may be waived.
6.
Yards. The requirements of the underlying district are applicable to exterior boundaries of the PUD only.
7.
Distance between buildings. In the parts of the PUD containing other than single-family detached dwellings, the spacing between buildings shall not be less than that set forth in the respective underlying district.
8.
Building height. The building height requirements of the underlying district may be waived; however, the height of any building in any PUD shall not exceed sixty-five (65) feet.
9.
Off-street parking and loading. Must be in accordance with the off-street parking and loading regulations of this Chapter.
F.
Commercial PUD. A commercial planned development may be proposed for a single zoning lot or lots located within any business district in order to promote the cooperative development of shopping centers and integral parking facilities and common access points into thoroughfares, to limit the ingress and egress points and to reduce congestion on the thoroughfares to separate pedestrian and automobile traffic, to develop shopping centers of size and location compatible with market potential and adjoining land use and to encourage harmonious architecture between adjacent commercial structures.
1.
Activities shall be enclosed. Retail sales and services, including storage of materials, shall be conducted and stored entirely within a wholly and permanently enclosed building or buildings which shall be of an architectural design compatible with surrounding uses and structures, unless otherwise recommended by the Commission and approved by the Council.
2.
Building coverage. The building and structure shall not cover more than thirty percent (30%) of the lot area.
G.
Industrial PUD. For planned developments located in the "M-1" and "M-2" Industrial Districts, exceptions may be made in the bulk regulations as follows:
1.
Yards. The requirements of the respective underlying district are applicable to the exterior boundaries of the planned development only.
2.
Spacing between buildings. Where a transfer of ownership of a part of an industrial planned development is contemplated, spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the regulations of the underlying district regulations.
3.
Lot coverage. No more than sixty percent (60%) of the property in the PUD may be covered with buildings.
Section 405.205 Accessory Building and Use.
[CC 1988 §29-73; Ord. No. 2788 §4, 10-21-1985]
A.
In the residential districts "R-1" thru "R-4", accessory buildings and uses are limited to:
1.
Home occupation.
2.
A non-commercial greenhouse that does not exceed in floor area twenty-five percent (25%) of the ground floor area of the main building.
3.
A private residential garage used only for the housing of non-commercial passenger automobiles with a floor area not to exceed four hundred fifty (450) square feet. An additional floor area of two hundred fifty (250) square feet may be provided for each three thousand (3,000) square feet of lot area by which such lot exceeds six thousand (6,000) square feet provided that no garage shall exceed one thousand (1,000) square feet or house more than five (5) such automobiles.
4.
Cemetery, accessory buildings and mausoleums.
5.
Vegetable or flower garden.
6.
Tennis court, swimming pool, garden house, ornamental gate, barbecue pit, fireplace and similar uses customarily accessory to residential uses.
B.
In the commercial and industrial districts there may also be parking lots and garages conforming with the requirements.
C.
Accessory buildings must be built in the rear yard unless the accessory building is attached to the main building by a common wall.
D.
Accessory building shall not occupy more than thirty percent (30%) of the required rear yard.
E.
If a garage is located closer than ten (10) feet from the main building, the garage shall be regarded as part of the main building for the purpose of determining the side and rear yard.
F.
No accessory building shall be used prior to the principal building or use except as a construction facility for the principal building.
G.
No accessory building shall be used for dwelling purposes.
H.
On a corner lot all accessory buildings must be located in the rear yard of a lot on the interior side.
I.
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, but in no event for more than two (2) years.
J.
An accessory building shall not be nearer than five (5) feet from any side or rear lot line, and when a garage is entered from an alley, it shall not be located closer than five (5) feet to the alley line.