Gallatin City Zoning Code
ARTICLE II
Designation Of Districts And District Provisions
Section 405.050 Designation Of Districts.
[R.O. 2003 § 405.050; CC 1997 § 3-101; Ord. No. 829-95 § 3-101, 3-27-1995]
A.
For the purposes of this Chapter, the City of Gallatin is hereby divided into zoning districts as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby incorporated by reference and declared to be a part of this Chapter. Said districts shall be known as:
1.
"R-1" Single-Family Residence District.
2.
"R-2" One- and Two-Family Residence District.
3.
"C-1" General Commercial.
4.
"C-2" Highway-Oriented Commercial District.
5.
"I-1" Limited Industrial District.
6.
"I-2" General Industrial District.
7.
"O-1" Open Space/Agricultural District.
8.
"P-1" Public Zone District.
Section 405.060 Official Zoning Map.
[R.O. 2003 § 405.060; CC 1997 § 3-102; Ord. No. 829-95 § 3-102, 3-27-1995]
A certified copy of the Official Zoning Map, together with any amendments thereto, shall be filed with the Daviess County Recorder of Deeds. In the case of conflict between said map and the provisions of this Chapter, the latter shall govern.
Section 405.070 Major Thoroughfare Plan - Community Facilities Plan.
[R.O. 2003 § 405.070; CC 1997 § 3-103; Ord. No. 829-95 § 3-103, 3-27-1995]
A major thoroughfare plan or community facilities plan may be adopted by the Governing Body pursuant to the provisions of Section 89.340, RSMo., and, if adopted, shall be included on the Official Map. Subsequent to inclusion of such a plan or plans, whenever any street or highway is widened or improved or any new street is opened or interests in lands for other public purposes are acquired by the municipality, it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area thus identified for public purposes.
Section 405.080 Annexation Of Territories.
[R.O. 2003 § 405.080; CC 1997 § 3-104; Ord. No. 829-95 § 3-104, 3-27-1995]
All territories which may hereafter be annexed to the City of Gallatin shall be subject to the zoning classification of "O-1," provided that the annexed area may be subject to such interim zoning requirements as the Board of Aldermen may approve. The Planning and Zoning Commission shall immediately begin review of the zoning classification of any annexed land and shall, within six (6) months of the date of said annexation, prepare a report and submit a recommendation to the Board of Aldermen as to the proper zoning district classification.
Section 405.090 Vacation.
[R.O. 2003 § 405.090; CC 1997 § 3-105; Ord. No. 829-95 § 3-105, 3-27-1995]
Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
Section 405.100 Application Of Zoning District Regulations.
[R.O. 2003 § 405.100; CC 1997 §§ 4-101 — 4-105; Ord. No. 829-95 §§ 4-101 — 4-105, 3-27-1995]
A.
No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the applicable regulations herein specified for the zoning district in which it is located.
B.
The uses permitted or prohibited in each zoning district shall include, but shall not be limited to, those uses enumerated as being permitted or prohibited within the respective zoning district as set forth herein.
C.
When a use is proposed for a zoning district that is not explicitly permitted or prohibited within the zoning district, the Planning and Zoning Commission shall determine whether said use is compatible (i.e., in character), and if it so finds that it is, authorize said use to be established. The Planning and Zoning Commission shall decide each application on its merits, taking into consideration such factors as existing uses, access, location, adequacy of public utilities to the area in question, major street plans, etc. The Planning and Zoning Commission may impose conditions under which a use may be permitted in order to insure compatibility. The finding of a use to be compatible in one (1) location does not mean the same use is compatible at another location, even within the same zoning district.
D.
The regulations pertaining to each zoning district establish the character of the zoning district, and the regulations shall be applied uniformly within the zoning district.
E.
No building or other structure shall hereafter be erected or altered to:
Section 405.110 Interpretation Of District Boundaries.
[R.O. 2003 § 405.110; CC 1997 § 4-106; Ord. No. 829-95 § 4-106, 3-27-1995]
A.
When uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
1.
District boundary lines are intended to be along or parallel to the centerline of streets, alleys, easements, other rights-of-way and creeks, streams, or other water channels.
2.
District boundary lines are intended to be identical with or parallel to property lines of the lot lines of platted additions.
3.
In the absence of specific distances, such dimensions shall be determined by the scale of the Official Map.
4.
When the street or property layout existing on the ground is at variance with that shown on the Official Zoning Map, the City Planning and Zoning Commission shall interpret the district boundaries of this Chapter.
Section 405.120 "R-1" Single-Family Residence District.
[R.O. 2003 § 405.120; CC 1997 § 5-101; Ord. No. 829-95 § 5-101, 3-27-1995; Ord. No. 989-02 §§ 1 — 3, 10-28-2002; Ord. No. 1339-24, 10-28-2024]
A.
Residential District "R-1." This district is intended to provide for residential development of spacious character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.
B.
Permitted Uses.
1.
Single-family dwelling.
2.
Public elementary or high schools, or private schools with an equivalent curriculum.
3.
Existing crop or horticultural farms, truck gardens and nurseries.
4.
Parks and recreational areas owned or operated by governmental agencies.
5.
Home occupations; provided, however, that said home occupations shall not result in excessive demand for on-street parking in residential areas, nor shall said home occupations create excessive noise, dust, odor, or be incompatible with the residential character of the neighborhood.
6.
Churches.
C.
Conditional Uses. The following uses are permitted upon approval by the City Planning and Zoning Commission:
1.
Municipal administration buildings, police and fire stations, libraries, museums, post offices, and other government service buildings, except those customarily considered industrial in use, providing that no building shall be located within fifty (50) feet of a residence.
2.
Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures.
3.
Cluster single-family housing, detached, when keyed to topographic considerations or unique design proposals subject to a minimum tract area of three (3) acres under single or unified ownership. Overall density shall not exceed six (6) dwelling units per acre (based on gross acreage) and shall be permitted only subject to approval of an overall development plan for the tract by the Planning and Zoning Commission.
4.
Hospitals, nursing homes and elderly housing projects, providing that no principal or accessory structure shall be located within fifty (50) feet of any lot in a residential district.
5.
Mobile home parks.
6.
Private parks, golf courses, country clubs, tennis courts, recreational clubs and similar recreational uses, providing that no building shall be located within fifty (50) feet of any lot in a residential district.
7.
The keeping or rearing of livestock or commercial raising of bees, except that no livestock shall be permitted that create offensive odors, excessive noise, dust, or have the potential for being incompatible with the neighborhood.
8.
Manufactured homes on permanent foundations or pre-manufactured buildings. The applicant must furnish a photo of the proposed manufactured home or pre-manufactured building to the Planning and Zoning Commission before a permit is issued, and a five-year age limit is placed on manufactured homes or buildings. A public hearing will be held prior to the issuance of a permit to allow residents opportunity to express concerns.
9.
Kennels.
10.
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 five hundred (500) feet of another group home. Group homes shall be eleemosynary or not-for-profit in nature.
E.
Area Requirements.
1.
Minimum lot area: seven thousand five hundred (7,500) square feet.
2.
Minimum lot width (measured at front yard line): seventy-five (75) feet.
3.
Minimum lot depth: one hundred (100) feet.
4.
Minimum yard requirements.
a.
Front: twenty-five (25) feet.
b.
Side: ten (10) feet.
c.
Side (exterior): twenty-five (25) feet.
d.
Rear: twenty-five (25) feet.
e.
Accessory uses shall have a front yard and an exterior side yard of not less than that required for the principal structure. An interior side yard shall be not less than three (3) feet and a rear yard of not less than ten (10) feet.
5.
Maximum height: two and one-half (2 1/2) stories or thirty-five (35) feet.
6.
Maximum lot coverage: forty percent (40%).
7.
Minimum size for a dwelling is seven hundred fifty (750) square feet on ground floor and excluding garages and porches.
Section 405.130 "R-2" One- And Two-Family Residence District.
[R.O. 2003 § 405.130; CC 1997 § 6-101; Ord. No. 829-95 § 6-101, 3-27-1995; Ord. No. 989-02 §§ 1 — 3, 10-28-2002; Ord. No. 1339-24, 10-28-2024]
A.
Residential District "R-2." This district is intended to provide for residential development of moderate- to high-density character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.
B.
Permitted Uses.
1.
Single-family dwelling.
2.
Two-family dwelling.
3.
Multifamily dwelling.
4.
Public elementary or high schools, or private schools with an equivalent curriculum.
5.
Existing farms, truck gardens and nurseries, greenhouses.
6.
Churches.
7.
Home occupations, except that home occupations are not permitted which create excessive on-street parking demand, excessive noise, odor, dust, or have other objectionable characteristics.
C.
Conditional Uses. The following uses are permitted upon approval by the City Planning and Zoning Commission:
1.
Municipal administration buildings and structures, police and fire stations, public service establishments (non-profit), and essential public utility and service structure.
2.
Mortuaries or funeral homes.
3.
Clubs, lodges, or fraternal organization centers, non-profit only, provided that no business activity carried on as a service to the public shall be permitted.
4.
Livestock and/or the keeping of bees for commercial purposes, provided that livestock do not create offensive odors, noise, dust, or non-point pollution which would be incompatible with the neighborhood.
5.
Hospitals, nursing homes and housing requiring special utility connections, provided that no principal or accessory structure shall be located within fifty (50) feet of any lot in a residential district.
6.
Private parks, golf courses, country clubs, tennis courts, recreational clubs and similar recreational uses, providing that no building shall be located within fifty (50) feet of any lot in a residential district.
7.
Commercial activities located on farms and limited to the sale of produce on such farms.
8.
Mobile home parks.
9.
Manufactured homes on permanent foundation or pre-manufactured buildings. The applicant must furnish a photo of the proposed manufactured home or pre-manufactured building to the Planning and Zoning Commission before a permit is issued, and a five-year age limit is placed on manufactured homes or buildings. A public hearing will be held prior to the issuance of a permit to allow residents opportunity to express concerns.
10.
Kennels.
11.
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 five hundred (500) feet of another group home. Group homes shall be eleemosynary or not-for-profit in nature.
E.
Area Requirements.
1.
Minimum Lot Area.
a.
Single-family dwelling: seven thousand five hundred (7,500) square feet.
b.
Two-family dwelling: three thousand five hundred (3,500) square feet per unit [seven thousand (7,000) square feet minimum lot size].
c.
Multifamily dwelling: one thousand five hundred (1,500) square feet per unit [seven thousand (7,000) square feet minimum lot size].
d.
Mobile home park: two (2) acres.
e.
All other permitted uses: seven thousand (7,000) square feet.
4.
Minimum Yard Requirements.
a.
Front: twenty-five (25) feet.
b.
Side: ten (10) feet.
c.
Side (exterior): twenty-five (25) feet.
d.
Rear: twenty-five (25) feet.
e.
Accessory uses shall have a minimum front setback of not less than the principal structure, a minimum side yard of not less than ten (10) feet, except on an exterior lot side yard shall be not less than that required for the principal structure and a minimum rear yard of not less than ten (10) feet.
5.
Minimum size for a dwelling is seven hundred fifty (750) square feet on ground floor and excluding garages and porches.
Section 405.140 "C-1" General Business District.
[R.O. 2003 § 405.140; CC 1997 § 7-101; Ord. No. 829-95 § 7-101, 3-27-1995]
A.
Central Business District "CBD." The Central Business District is the zone district created for the area of intensive commercial uses, including retail stores, banks, offices and related uses.
B.
Permitted Uses.
1.
Retail establishments which sell such goods as groceries, drugs, hardware, variety merchandise, dry goods, automotive parts, etc.
2.
Service establishments, including banks, cafes and restaurants, barber and beauty shops, motion picture theaters, professional offices, new and used car sales, utility offices and public buildings.
3.
Printing offices and plants.
4.
Eating establishments.
5.
Other land uses similar to those listed directly above.
C.
General Requirements. All uses in the Central Business District shall be exempt for off-street parking requirements, except that any business hereafter building or expanding on a parcel in the Central Business District which results in a gross floor area of fifteen thousand (15,000) square feet or more shall provide off-street parking at the ratio of one (1) space for each two hundred fifty (250) square feet of floor area. Such parking does not necessarily have to be located on the same parcel, but must be located within three hundred (300) feet of the use to be served.
Section 405.150 "C-2" Commercial Zone District.
[R.O. 2003 § 405.150; CC 1997 §§ 8-101 — 8-105; Ord. No. 829-95 §§ 8-101 — 8-105, 3-27-1995]
A.
General Commercial District "C." The General Commercial District is the zone district intended for retail and service land uses that provide adequate off-street parking and unloading facilities, that need large areas for outdoor storage, and that serve the traveling public. This district will, in most cases, be located adjacent to a highway or major arterial street.
B.
Permitted Uses.
1.
Retail establishments selling such goods as hardware, feed, poultry supplies, home building supply, farm equipment, mobile homes, marine equipment (boats, trailers, etc.), etc.
2.
Eating establishments (cafes, restaurants).
3.
Offices for professional and service people, including doctors, dentists, lawyers, realtors, radio and television service and repair.
4.
Dry-cleaning and laundry establishments.
5.
Automotive service stations.
6.
Automotive repairs and sales (new and used).
7.
Warehousing — commercial.
8.
Commercial recreation, such as bowling alleys, golf driving ranges, drive-in theaters, skating rinks, etc.
9.
Automatic laundries (unattended).
10.
Funeral homes.
11.
Motels and motor hotels.
12.
Places of public assembly.
13.
Other land uses similar to those listed directly above.
D.
Area Requirements.
E.
Off-Street Parking. On-lot parking shall be provided as follows:
F.
When a Commercial Zoning District abuts a residential zoning district, a minimum rear yard of twenty-five (25) feet is required. Screening in the form of a clapboard fence or line of shrubs or bushes may also be required as a condition for obtaining a building permit by the City Planning and Zoning Commission.
Section 405.160 "I-1" Limited Industrial Manufacturing District.
[R.O. 2003 § 405.160; CC 1997 § 9-101; Ord. No. 829-95 § 9-101, 3-27-1995]
A.
Light Industrial Districts "I-1." The term "light" refers to performance characteristics. Uses included in the category are warehousing and industries which may produce "some noise, traffic congestion or danger, but which are of such scale or character that they present no serious hazard to neighboring premises from fire, smoke, noise or odors."
B.
Performance Standards.
1.
All uses permitted in the "I-1" Light Industrial District shall comply with the following performance standards as interpreted by the Planning and Zoning Commission or Zoning Administrator.
2.
No use shall be permitted or operated that produces vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare perceptible at any point on the lot line.
C.
Conditional Uses Allowed. The Planning and Zoning Commission shall have the responsibility of issuing special use permits for activities which may pose a problem with respect to noise, pollution, vibration, or due to the injurious nature of a manufacturing activity. All manufacturing activities that the Zoning Administrator deem as potentially hazardous to the citizens of Gallatin shall be required to obtain a conditional use permit prior to construction. Said conditional use permit may set forth minimum standards for operation and may be valid for a defined time period.
Section 405.170 "I-2" Industrial Manufacturing District.
[R.O. 2003 § 405.170; CC 1997 § 10-101; Ord. No. 829-95 § 10-101, 3-27-1995]
A.
"I-2" Heavy Industrial District. Heavy industrial includes activities with relatively strong nuisance characteristics or high hazard factors. Again, the classification does not depend on the products handled but on the degree of nuisance interpreted by the City which is a result of the manufacturing activity.
B.
Storage of bulk materials is permitted when it is found that the specific location and safeguards provided will so reduce the danger from fire or explosion as not to be dangerous to the health, safety or general welfare of the community.
C.
Area Requirements.
1.
Industrial District "I-1."
a.
Lot Coverage. Structures shall not cover more than fifty percent (50%) of the lot area.
b.
Yards. All structures shall be built at least fifty (50) feet from the front property line and thirty-five (35) feet from all other property lines.
c.
On-Lot Parking. Adequate on-lot parking, one (1) parking space per employee, shall be provided for all employees and visitors.
d.
On-Lot Parking Loading And Unloading Facilities. Each structure or use shall provide on-lot loading and unloading facilities which shall not block a street, alley or other public way.
e.
Storage. All bulk storage must be within the confines of structures or properly screened from front site view.
2.
Industrial District "I-2":
a.
Lot Coverage. Structure shall not cover more than seventy-five percent (75%) of the lot area.
b.
Yards. All structures erected after these regulations become effective shall be built at least fifty (50) feet from the front property line and twenty-five (25) feet from all other property lines.
c.
On-Lot Parking. Adequate on-lot parking spaces shall be provided for all employees and visitors.
d.
On-Lot Loading And Unloading Facilities. Each structure or use shall provide on-lot loading and unloading facilities which shall not block a street, alley or other public way.
Section 405.180 "O-1" Open Space (Agricultural And Conservancy Areas).
[R.O. 2003 § 405.180; CC 1997 § 11-101; Ord. No. 829-95 § 11-101, 3-27-1995]
A.
Open Space And Floodplain District "O-1." The purpose of this district shall be to provide for agricultural land uses within the City of Gallatin as well as to designate certain areas within the district generally unsuited for development due to the potential for flooding or poor drainage. Other purposes include protecting the rights of property owners within the City limits in such a way as to permit the conduct of specified agricultural activities. Other considerations in establishing this district include providing a zone classification for land that is inaccessible by roadway, does not have utilities, or is characterized as unsuited for development due to steep slopes, rolling topography, or other environmental considerations.
B.
Permitted Uses. The following open space uses shall be permitted within the "O-1" Zone District, provided that they do not adversely affect the efficiency nor unduly restrict the capacity of channels, floodways, or any tributary to a stream, drainage ditch, or any other drainage facility or system:
1.
Permanent Open Space. Including, but not limited to, parks, forests, golf courses and similar uses.
2.
Agricultural uses, except that livestock shall be in concentrations that do not create offensive odors and are in numbers for grazing purposes only.
3.
Soil and water conservation programs.
4.
Other uses similar to those listed above which clearly reflect the purpose and intent of the Open Space and Floodplain Zone District.
C.
Conditional Uses Allowed. The following uses may be permitted if outside of a designated floodplain but within an "O-1" Zone District upon application to the Planning and Zoning Commission and subsequent approval of a conditional use permit:
1.
Single-family dwelling.
2.
Utility corridors and related facilities, including, but not limited to, transmission towers, electrical power lines, microwave relay towers, antennas, substations and pipelines, etc.
3.
Mineral exploration.
4.
Borrow pits, quarrying activities, crushing and screening of gravel.
5.
Other uses similar to those listed above.
D.
Designated Floodplains. Areas designated as floodplain under the Federal Flood Insurance Act[1] or by the City Planning and Zoning Commission after a land survey has been completed shall be restricted from development and from construction of structures designed for year-round residential habitation. All new structures or modifications to existing structures within the designated floodplain shall have a low flood damage potential and shall not unduly impede the flow of potential floodwaters. The City Planning and Zoning Commission may require that buildings constructed in the designated floodplain areas of Gallatin after the date of adoption of this Chapter be floodproofed in a manner designed to minimize the potential for flood damage.
[1]
Editor's Note: See 42 U.S.C. § 2414.
E.
Area Requirements.
1.
Minimum lot area: one (1) acre [forty-three thousand five hundred sixty (43,560) square feet].
2.
Minimum lot width: one hundred (100) feet.
3.
Maximum lot coverage (including accessory structures): twenty-five percent (25%).
5.
Maximum building height: thirty-five (35) feet or three (3) stories.
Section 405.190 "P" Public Zone District.
[R.O. 2003 § 405.190; CC 1997 §§ 12-101 — 12-104; Ord. No. 829-95 §§ 12-101 — 12-104, 3-27-1995]
A.
Purpose. To recognize a district which is currently in the public domain and which is the location of actual or planned facilities intended to serve the public; to permit orderly and economic development of public service utilities and schools within such a "public" district.
B.
Principal Permitted Uses.
1.
Parks. Recreational, neighborhood, natural preserves, and other uses exclusive of "utility parks."
2.
Schools. Public or private and ancillary facilities.
3.
Utilities. Public and private utilities in compliance with all local, State and Federal regulations.
4.
Hospitals and clinics. Exclusive of public or private institutions for confinement of civil and criminal commitments.
5.
Cemeteries.
6.
Other public works.
C.
Conditional Uses. Uses authorized upon issuance of a conditional use permit include, but are not limited to, the following:
D.
General Requirements. The following requirements shall be observed:
1.
Accessory Uses. Uses incidental to and in the same zone district as the principal use are allowed.
2.
Minimum Lot Size. Front yards, side yards, rear yards, setbacks: All proposed developments, whether new or amounting to expansions of existing uses, shall be reviewed and approved by the Planning and Zoning Commission on matters related to lot sizes, setbacks, side yards, etc.
3.
Maximum Lot Coverage. Sixty-five percent (65%).
4.
Maximum Structure Height. No principal structure shall exceed two (2) stories or thirty-five (35) feet in height.
5.
Buffer Required. Where a Public Zone District is located adjacent to another district in which the principal permitted use is clearly in conflict with or may be negatively affected by a permitted use in the Public Zone District, the Planning and Zoning Commission may require buffer strips or other landscaping and related measures as may be necessary to protect the public interest and/or to comply with the spirit and intent of this Chapter.