Excelsior Springs City Zoning Code
SECTION 400
180 District "C-2" - General Business District.
[R.O. 2012 §400.180; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 99-9-3, 9-7-1999; Ord. No. 02-1-9, 1-22-2002; Ord. No. 12-03-02, 3-5-2012; Ord. No. 19-01-03, 1-7-2019; Ord. No. 19-05-03, 5-20-2019; Ord. No. 19-08-01, 8-2-2019; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "C-2," no building, structure, land 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.
Any use permitted in District "C-1";
2.
Shops and stores for the sale at retail or wholesale of department store merchandise, furniture and appliances, new motor vehicles and trucks, used car lots, motor vehicle supplies, motorcycles, petroleum products (bulk plants not permitted), newspapers, pets, books, stationery, handcraft, office and hotel supplies;
3.
Services such as assembly and meeting halls, clubs, hotels and motels, motor vehicle repair in connection with new auto sales, dry cleaning and laundries, appliance and small equipment repair, printing and publishing, custom maintenance, on-site handcrafting, health spa, delivery services, radio and television broadcasting studios, public or private entertainment and recreation, places where alcoholic beverages are served;
B.
Performance Standards.
1.
Drive-through or drive-in services may be provided, except where alcoholic beverages in any form are served, dispensed or otherwise change hands;
2.
No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and not dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced;
3.
Motor vehicles and trucks for sale may be stored or displayed outside a building but not within five (5) feet of a street line. Other merchandise which may appropriately be displayed or stored outside a building shall be kept off the public sidewalks and streets, and shall not reduce the capacity of a parking lot below that required by this Chapter.
C.
Height And Area Regulations. In District "C-2," the height of buildings and the minimum dimensions of lots and yards shall be as follows: (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed three (3) stories or thirty-five (35) feet in height, except that in a District "CP-2" buildings and structures shall not exceed twelve (12) stories in height.
2.
Front Yards. No front yard is required.
3.
Side Yards. No side yard is required except that where a side line of a lot in this district abuts the side line of a lot in District "R-1" or "C-O" inclusive, a side yard shall then be provided the same as required in the district it abuts.
4.
Rear Yards. No rear yard is required except that where a rear line of a lot in this district abuts upon land in a District "R-1" to "C-O" inclusive, a rear yard of not less than twenty-five (25) feet shall then be provided in this district.
D.
Parking Regulations. No off-street parking is required in the Central Business District, as defined in Section 400.280(H). Outside the Central Business District, each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. A minimum of four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area. (See Section 400.280 for additional parking requirements.)
E.
Conversion Of Buildings. No building that was designed and constructed as a single-family, two-family or multi-family dwelling shall be converted to or hereafter used for non-residential purposes enumerated in this district except that hotels may be used for non-residential uses.
F.
Mixed Residential and Non-Residential Use. Other provisions of this Chapter notwithstanding, residential use of parts of buildings housing commercial uses within the Central Business District are approved if each of the following standards are met.
1.
Each residential unit shall conform to building and other applicable codes and shall be afforded adequate natural light, ventilation, access, security, hazard detection for non-residential spaces in the same structure, and proper means of fire escape. Each residential unit shall have a minimum of seven hundred fifty (750) square feet of usable living area, with its own kitchen and bath facilities, and an additional two hundred fifty (250) square feet of usable living area per occupant for each occupant in excess of three (3). Unit occupancy in conjunction with common kitchen or bath facilities for units shall not be authorized hereunder.
2.
Architectural character and physical integrity of historically significant structures, including structures within or adjacent to designated historic districts, shall be protected in renovation, conversion and mixed use of building spaces.
3.
Not more than fifty percent (50%) of the ground floor spaces may be used for residential purposes in buildings with mixed residential and non-residential uses approved hereunder, provided that ground floor space fronting the streetside shall only be used for permitted non-residential uses.
4.
Residential use shall not be allowed unless the ground floor space(s) meet(s) one (1) of the following conditions:
a.
Currently occupied by an operating business with a current City business license; or
b.
If vacant, ground floor space shall be improved, at minimum, to white box standard and satisfying all current City building codes, standards, and regulations. "White box" condition is defined to mean improvements made to a building resulting in a minimally finished interior, to include demising walls, ceilings, lighting, plumbing, heating and cooling (HVAC), interior walls (painted or unpainted), electrical outlets, restrooms, and floor. A white shell is considered ready to lease and ready for tenant improvements.