Greenwood City Zoning Code
ARTICLE I
General Provisions
Section 400.005 Short Title.
[Ord. No. 6.001 § I Art. II, 9-10-1979]
This Chapter shall be known and may be cited and referred to as the Greenwood Zoning Ordinance, to the same effect as if the full title were stated. The map herein referred to and made a part of this Chapter shall be identified by the title Greenwood Zoning Map, and all explanatory matter thereon is hereby adopted and made a part of this Chapter.
Section 400.010 Purpose.
[Ord. No. 6.001 § I Art. III, 9-10-1979]
This Chapter is enacted to preserve the character and the use of all land within the limits of the City of Greenwood, Missouri, by designating each tract in accordance with a district plan, which designation shall conform to the present use being made of each tract but with provisions for the orderly development of the City of Greenwood by the terms of this Chapter and such amendments as may be enacted by the Board of Aldermen. This Chapter is made with due consideration of the character of the districts, their suitability for particular uses and for encouraging the most appropriate use of land throughout the City, and is designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements and to provide that due consideration be given to conserving the value of buildings. This Chapter shall supersede any previous ordinance inconsistent herewith.
Section 400.015 Jurisdiction.
[Ord. No. 6.001 § I Art. IV, 9-10-1979]
The provisions of this Chapter shall apply within the City limits of the City of Greenwood as they now exist or as they may be adjusted in the future.
Section 400.020 Interpretation.
[Ord. No. 6.001 § XXVI Art. IV, 9-10-1979]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or general welfare. Whenever this Chapter requires the lower height of buildings, or a lesser number of stories, or requires greater percentage of lot to be occupied, or requires a lower density of population, or requires a more restricted use of land, or a greater width or size of yards, courts or other open spaces or imposes other higher standards than are required in any other Statute, local order, or regulation, private deed restrictions, or private covenants, the regulations made under authority of this Chapter shall govern.
Section 400.030 Annexed Territory.
[Ord. No. 6.001 § XXIX Art. IV, 9-10-1979; Ord. No. 2009-02-23-01 § 1, 2-23-2009]
Whenever any land shall be annexed to the municipality after the adoption of this Chapter (September 10, 1979), said land so annexed shall automatically be subject to the provisions of this Chapter and shall be classified as District "A" until the Planning Commission and the Board of Aldermen has had reasonable opportunity to classify it properly after its annexation.
Section 400.040 Enumeration Of Districts.
[Ord. No. 6.001 § II Art. IV, 9-10-1979; Ord. No. 2009-02-23-01 § 1, 2-23-2009; Ord. No. 2017-2935 § 1, 10-24-2017]
For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, repair or use of buildings and the location of buildings designed for specific uses and regulating and limiting the height of buildings hereafter erected or altered and regulating and determining the area of yards, courts and other open spaces in connection with buildings hereafter erected or altered, the incorporated territory of the City of Greenwood, Missouri, is hereby divided into the following districts, as follows:
District "A" | Agricultural District |
District "R-1" | First Dwelling House District |
District "R-1A" | First Dwelling Suburban District |
District "R-1B" | First Dwelling Estate District |
District "R-1R" | First Dwelling Rural Residential District |
District "R-2" | Second Dwelling House District |
District "R-3" | Apartment House District |
District "R-3A" | Garden Apartment District |
District "C-O" | Non-Retail Business District |
District "C-B" | Controlled Business District |
District "C-1" | General Business District |
District "C-2" | Central Business District |
District "C-P" | Planned Business District |
District "M-1" | Light Industrial District |
District "M-2" | Heavy Industrial District |
District "PUD" | Planned Unit Development |
District "150 PUD" | M-150 Corridor Planned District |
Section 400.050 District Map Adopted.
[Ord. No. 6.001 § III Art. IV, 9-10-1979; Ord. No. 98-05-18-02 § 1, 6-29-1998; Ord. No. 2009-02-23-01 § 1, 2-23-2009]
A.
Boundaries of the districts as enumerated in Section 400.040 of this Chapter are hereby established as shown on the maps, which are hereby designated as the "Zoning District Maps", and said maps and all notations, references and information shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein. It shall be the duty of the Director of Planning and Zoning to keep on file in its office an authentic copy of said maps and all changes, amendments or additions thereto.
[Ord. No. 2017-2935 § 1, 10-24-2017]
B.
When definite distances in feet are not shown on the Zoning District Maps, the district boundaries are intended to be along existing street, alley or platted lot lines or extensions of the same; and if the exact location of such lines is not clear, it shall be determined by the Director of Planning and Zoning, due consideration being given to location as indicated by the scale of the Zoning District Maps.
[Ord. No. 2017-2935 § 1, 10-24-2017]
C.
When streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Maps, the Director of Planning and Zoning may apply the district designations on the maps to the streets or alleys on the ground in such manner as to conform to the intent and purpose of this Chapter.
[Ord. No. 2017-2935 § 1, 10-24-2017]
D.
Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such street or alley.
E.
For existing streets and new streets constructed for zoning determination purposes, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such street.
[Ord. No. 2017-2935 § 1, 10-24-2017]
Section 400.060 Definitions.
[Ord. No. 6.001 § IV Art. IV, 9-10-1979; Ord. No. 96-02-054 § 1, 6-3-1996; Ord. No. 2005-10-24-03 § 4, 10-24-2005; Ord. No. 2008-10-14-03 § 1, 10-14-2008; Ord. No. 2009-02-23-01 § 1, 2-23-2009]
For the purposes of this Chapter, words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the term "used for" includes the meaning "designed for" or "intended for". The following words and terms, as used herein, are defined to mean the following:
ACCESSORY BUILDING OR USE
A subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building housing an "accessory use" is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
ALLEY
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
ALTERATION
Any addition, removal, extension or change in the location of any exterior surface of a main building or accessory building.
APARTMENT
A room or a suite of rooms within an apartment house or a two-family dwelling arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
APARTMENT HOTEL
An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSE
A building arranged, intended or designed for more than two (2) families.
BASEMENT
A story below the first story as defined under "story", counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
BLOCK
A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Zoning Authority shall determine the outline of the block.
BOARD
Board of Zoning Adjustment.
BOARDING HOUSE OR LODGING HOUSE
A building, other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for public or transients.
BUILDING
A structure for the purpose of housing or enclosing of persons, animals or chattels.
BUILDING LINE
The line behind the street line or lot side lines. No building or other structure or portion thereof may be erected, except as provided in this Code. The building line is considered a vertical surface intersecting the ground on such line.
CONSERVATION AREA
An area that preserves or creates a "natural" setting, including forested areas, pasture or grasslands, wetlands and riparian areas consistent with areas found in Jackson and Cass Counties in west central Missouri.
COURT
An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by walls of such building.
CURB LEVEL
The mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street where the mean curb level is the highest.
DAY NURSERY
A place where ten (10) or more children are left for care, a part of the twenty-four (24) hours of the day.
DWELLING
A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, house trailers, mobile homes, manufactured homes or modular homes.
DWELLING, MULTIPLE
A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families living independently of each other, including apartment houses, row houses, tenements and apartment hotels.
DWELLING, ONE-FAMILY
Building having accommodations for and occupied exclusively by one (1) family. A one-family dwelling shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
DWELLING, TWO-FAMILY
A building arranged, intended or designed for occupancy by two (2) families living independently of each other.
[Ord. No. 2017-2935 § 1, 10-24-2017]
FAMILY
An individual or not more than two (2) adults living together with persons related to them by blood, marriage or adoption or a group of not more than three (3) persons who need not be related to each other by blood or marriage, living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen. For the purpose of any zoning law, ordinance or code, the classification one-family residence shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as house parents or guardians who need not to be related to each other or to any of the mentally or physically handicapped persons residing in the home.
GARAGE, COMMUNITY
A building or portion thereof, other than a public, private or storage garage, providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of a block.
GARAGE, PRIVATE
An accessory building for storage only of passenger motor vehicles or light pickup trucks.
GARAGE, STORAGE
A building or portion thereof, except those defined as a private, a public or a community garage, providing storage for motor vehicles with facilities for washing but no other services.
GARDEN APARTMENT PROJECT
A building project consisting of three (3) or more buildings of uniform appearance, with at least two (2) units per building, to be constructed on a plot of ground which is not subdivided into customary streets or lots and which is under single ownership or unified control.
GROUP HOUSING PROJECT
A building project consisting of three (3) or more buildings to be constructed on a plot of ground which is not subdivided into customary streets or lots.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following three (3) levels:
1. | From the street curb level. |
2. | From the established or mean street grade in case the curb has not been constructed. |
3. | From the average finished ground level adjoining the building where it sits back from the street line. |
To: | |
1. | The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot. |
2. | To the mean height level of the top of the highest ridge for other roofs. |
HOTEL
A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms and no provision for cooking in individual rooms.
HOUSE TRAILER OR MOBILE HOME
Any structure used for living or sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which have been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place.
LOCAL GREEN SPACES
A portion of land within a subdivision dedicated to the City by the developer for public use or owned and maintained by the subdivision homeowners' association for its use.
[Ord. No. 2017-2935 § 1, 10-24-2017]
LOT
A parcel of land occupied or to be occupied by one (1) building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter and having its principal frontage upon a public street or a place.
LOT COVERAGE
The amount of area of impervious cover on a lot or parcel of land including, but not limited to, any building, carport, tent, awning, roof, hard-surfaced driveway or parking lot, patio, swimming pool, compacted earth or any other surface which substantially limits the amount of stormwater that may infiltrate the soil.
LOT DEPTH
The mean horizontal distance from the front street line to the rear line.
LOT LINE, FRONT
The boundary between a lot and the street line on which it fronts.
[Ord. No. 2017-2935 § 1, 10-24-2017]
LOT LINE, REAR
The boundary line which is opposite and distant from the front lot line; except that in the case of uncertainty the Zoning Authority shall determine the rear line.
[Ord. No. 2017-2935 § 1, 10-24-2017]
LOT LINE, SIDE
Any lot boundary line not a front or rear line thereof. A side line may be a part lot line, a line bordering on an alley or place or a side street line.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
The mean horizontal distance from side lines measured at right angles to the depth of the lot.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection. A "corner lot" shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Zoning Authority.
LOT, IN SEPARATE OWNERSHIP ON OR BEFORE SEPTEMBER 10, 1979
A lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in the office of the Recorder of Deeds of Jackson County on or before September 10, 1979 and conforming with previous zoning ordinances of Greenwood.
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
LOT, THROUGH
An interior lot having frontage on two (2) streets.
MANUFACTURED HOME
A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
MARIJUANA OR MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana or marihuana do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3 %) on a dry-weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 2019-2966, 7-23-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 2019-2966, 7-23-2019]
MASTER CITY PLAN
The comprehensive plans adopted by the Planning Commission indicating the general locations recommended for the major arterial traffic routes, streets, parks, public buildings, zoning districts and other public improvements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department of Health and Senior Services, to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department of Health and Senior Services, to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 2019-2966, 7-23-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility licensed as such by the Missouri Department of Health and Senior Services in connection with the transportation and storage of medical marijuana.
[Ord. No. 2019-2966, 7-23-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department of Health and Senior Services, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
MODULAR UNIT
A factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.
MOTEL
A motorist's hotel having the following characteristics:
1.
Complete furnishings and bath facilities in each unit;
2.
Available services as normally provided by hotels;
3.
[1]No portion of the building over two (2) stories in height;
4.
At least one (1) parking space provided in adjacent private roadways or courts for each guest room with direct or convenient access from parking space to guest room. The provision for restaurant facilities appurtenant to motels is optional.
PAWNBROKER
Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
[Ord. No. 2017-2935 § 1, 10-24-2017]
PAWNSHOP
The location at which or premises in which a pawnbroker regularly conducts business.
[Ord. No. 2017-2935 § 1, 10-24-2017]
PLACE
An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.
SHORT-TERM LOAN SERVICE
Any business which loans money on a short-term basis to members of the general public as an element of its operation, including businesses offering title loans, payday loans, signature loans and small loans under Chapter 367 or Section 408.500, RSMo., and other similar businesses, but not to include a bank, savings and loan association or credit union which is licensed by appropriate State and Federal agencies or a retail credit financing institution which is licensed under Chapters 364, or 365 RSMo., or retail merchants covered by Chapter 400.2, RSMo.
STABLE, PRIVATE
An accessory building for the keeping of ponies, horses or mules owned by occupants of the premises and not kept for remuneration, hire or sale.
STABLE, PUBLIC
A stable other than a private or riding stable as defined herein.
STABLE, RIDING
A structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire; including riding track.
STORY
That part of a building included between the surface of one (1) floor and the surface of the floor next above or if there be no floor above, that part of the building which is above the surface of the next highest floor thereof. A top story attic is a one-half (1/2) story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade or average ground level as mentioned in "Height of Buildings" in this Section.
STREET
A thoroughfare which affords principal means of access to property abutting thereon. A "street" includes the public right-of-way as distinct from the roadway, which includes only the traffic surface.
STREET LINE
The dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONS
Any alteration or addition to the supporting member of a building, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected which requires location on the ground or attached to something having a location on the ground including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.
TOURIST COURTS OR TRAILER COURTS
A tract or parcel of land upon which two (2) or more tourist cabins are located or where temporary accommodations are provided for two (2) or more automobile trailers, tents or house cars, open to the public either free or for a fee.
VARIANCE
A modification or variation of the provisions of this Chapter as applied to a specific piece of property, as distinct from rezoning.
YARD
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REAR
A yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDE
A yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard thereof. (RSMo. § 700.010(5,7))
[1]
Editor’s Note: Former Subsection (3), which listed no cooling facilities in transients’ units as a characteristic of a motel, was repealed 10-24-2017 by Ord. No. 2017-2935 § 1. This ordinance also provided for the renumbering of former Subsections (4) and (5) as Subsections (3) and (4), respectively.
Section 400.070 Requirements Must Be Observed.
[Ord. No. 6.001 § V Art. IV, 9-10-1979]
Except as hereinafter provided:
A.
No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.
B.
No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit herein established for the district in which such building or structure is situated.
C.
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.