Excelsior Springs City Zoning Code
SECTION 400
060 Zoning Districts. 1
[R.O. 2012 §400.060; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §6, 4-1-1991; Ord. No. 03-12-2, 12-1-2003; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord. No. 22-07-01, 7-18-2022; Ord. No. 23-03-01, 3-6-2023]
A.
Establishment Of Districts. In order to carry out the purposes and provisions of this Chapter, the City of Excelsior Springs is hereby divided into the following districts:
District "A" | — | Agriculture District. |
District "R-1" | — | Single-Family Residential District. |
District "R-1A" | — | Single-Family Residential Traditional District. |
District "R-2" | — | Two-Family Residential District. |
District "R-3" | — | Cluster, Townhouse or Garden Type Residential District. |
District "R-4" | — | Medium Density Apartment District. |
District "R-5" | — | High Density Apartment District. |
District "R-CH" | — | Cottage Housing Residential District |
District "RMP" | — | Mobile Home Park District. |
District "C-O" | — | Non-Retail Business District. |
District "C-1" | — | Local Business District. |
District "C-2" | — | General Business District. |
District "C-2A" | — | Special Business District. |
District "C-3" | — | Service Business District. |
District "M-1" | — | Light Industrial District. |
District "M-2" | — | General Industrial District. |
B.
Planned Zoning Districts. Each of the districts hereinbefore set forth excepting Districts "RMP" and "C-2A" shall have a separate and distinct counterpart known and herein referred to as a Planned District. A Planned District shall be for the purpose of permitting and regulating the uses heretofore permitted in the equivalent district and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards and open spaces, all subsequent to approval of the plan by local officials. The purpose is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations.
Planned Districts shall be as follows:
District "RP-1A" | — | Planned Single-Family Residential District. |
District "RP-2" | — | Planned Two-Family Residential District. |
District "RP-3" | — | Planned Cluster, Townhouses or Garden Type Residential District. |
District "RP-4" | — | Planned Medium Density Apartment District. |
District "RP-5" | — | Planned High Density Apartment District. |
District "CP-O" | — | Planned Non-Retail Business District. |
District "CP-1" | — | Planned Local Business District. |
District "CP-2" | — | Planned General Business District. |
District "CP-3" | — | Planned Service Business District. |
District "MP-1" | — | Planned Light Industrial District. |
District "MP-2" | — | Planned General Industrial District. |
C.
Objectives. The zoning of Excelsior Springs to one (1) of the Planned Districts ("RP-1" to "MP-2," inclusive) shall be for the purpose of requiring orderly development on a quality level generally equal to that of the equivalent Standard Zoning Districts, but permitting variations from the normal and established development techniques. The use of planned zoning procedures is intended to encourage large scale development tracts, innovative and imaginative site planning, conservation of natural resources and minimum waste of land. The following are specific conditions and objectives of planned zoning:
1.
A proposal to rezone land to a Planned District shall be subject to the same criteria relative to compliance with master plans, land use policies, neighborhood compatibility, adequacy of streets and utilities and other elements, as is normal in rezoning deliberations.
2.
The submittal by the developer and the approval by the City of development plans represent a firm commitment by the developer that development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space.
3.
Deviations in yard requirements, setbacks and relationship between buildings are acceptable and may be approved within the limits set out in "Standards of Development" in this Section, if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality of development will result than under standard zoning procedures.
4.
Residential areas will be planned and developed in a manner that will produce more usable open space, better recreational opportunities, safer and more attractive neighborhoods than under standard zoning and development techniques.
5.
Commercial areas will be planned and developed so as to result in attractive, viable and safe centers and clusters, as opposed to strip patters along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods, and to assure minimum adverse effects on the street system and other services of the community.
6.
The developer will be given latitude in using innovative techniques in the development of land not feasible under application of standard zoning requirements.
7.
Planned zoning shall not be used as a refuge from the requirements of the equivalent district as to intensity of land use, amount of open space or other established development criteria.
8.
No use will be permitted in the Planned District that is not clearly permitted in the equivalent district.
9.
Any building or portion thereof may be owned in condominium under appropriate Missouri Statutes.
D.
Standards Of Development In Planned Zoning Districts.
1.
The maximum height of buildings and structures shall be as set out in the equivalent district.
2.
The intensity of land use, the floor area and bulk of buildings, the concentration of population, the percentage of lot coverage, the amount of open space, light and air shall be generally equal to that required in the equivalent Zoning District.
3.
The density of residential dwelling units, the parking requirements and the performance standards shall be the same as in the equivalent district.
4.
The permitted uses shall be the same as those permitted in the equivalent district, provided that limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community.
5.
The Planning and Zoning Commission may, in the process of approving preliminary and final plans, approve deviations from the minimum standards in the equivalent district as follows:
a.
Setbacks of buildings and paved areas from a public street may be reduced to seventy-five percent (75%) of the Chapter requirement.
b.
Setbacks of buildings and paved areas from a property line of the project (other than a street line) may be reduced to eighty-five percent (85%) of the Chapter requirements.
c.
Side yards between buildings may be reduced to zero.
d.
A portion of the parking area required under this Chapter may remain unimproved until such time as the City Council deems it must be improved to serve the demand adequately.
The foregoing deviations may be granted by the Planning and Zoning Commission only where there is ample evidence that said deviation will not adversely affect neighboring property, nor will it constitute the mere granting of a privilege. Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project. In all cases such deviations shall be in keeping with good land planning principles, and must be specifically set out in the minutes of the Commission, as well as on plans and other exhibits in the record. |
E.
Procedures. The procedure for zoning land to a Planned District shall be as set out in Section 404.090.
F.
Conformance To Master Plan. In the consideration of a change to a Planned Zoning District, the Planning and Zoning Commission and governing body shall determine whether the proposal conforms to master plans, special studies and policies normally utilized in making zoning decisions in the City of Excelsior Springs.
G.
Map. The location and boundaries of the districts established by this Chapter are set forth in the "Zoning District Map," which is hereby made a part of this Chapter. The said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this Chapter as though fully set forth and described herein. The said map shall be filed with the Office of the City Clerk and copies thereof in the Office of the Building Official, and shall be open to public reference at all times during which those offices are open.
H.
Boundaries Of Districts. When uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning District Map, the following rules shall apply:
1.
District boundary lines are either the center lines of railroads, or the right-of-way lines of highways, streets, alleys, tract or lot lines, or such lines extended, unless otherwise indicated.
2.
In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street, highway, or railroad, the depth of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the property line of the street, highway, or railroad, and the length of frontage shall be in accordance with dimensions shown on the map from the property lines of streets, highways or railroad right-of-way unless otherwise indicated.
3.
Where a district boundary line divides a lot in single ownership, the regulations for either portion of the lot may, in the owner's discretion, extend over the entire lot, but not more than twenty-five (25) feet beyond the mapped boundary line of the district.
I.
Exemptions. The following City-owned and operated utility uses are permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar distribution equipment. However, installation shall conform with applicable Federal, State and local government rules and regulations other than zoning.
[1]
Editors' Note: All references to R-1A, R-1B and R-1C have been changed simply to R-1 single-family, residential district throughout this Title, per Ord. No. 94-3-5 enacted March 7, 1994.