Greenwood City Zoning Code
ARTICLE II
District Regulations 1
Section 400.080 District "A" (Agriculture District).
[Ord. No. 6.001 § VI Art. IV, 9-10-1979; Ord. No. 2009-02-23-01 § 3, 2-23-2009]
A.
Use Regulations. In District "A", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Agriculture, horticulture, nurseries, greenhouses orchards and general farming, including raising of livestock, goats, hogs, etc. and raising, fattening, killing or processing of chickens, turkeys and other poultry, providing there shall be no feeding or disposal of garbage, rubbish or offal; unless a special use permit for such operation is issued by the Board of Aldermen upon recommendation of the Planning Commission and under such restrictions as the Board of Aldermen may impose.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
Riding stables, riding tracts or polo fields, provided the stables shall be located not less than one hundred (100) feet from the front lot line nor less than seventy-five (75) feet from any side or rear lot line.
3.
Dairies, together with creameries, cheese factories, milk bottling or condenseries and similar enterprises which are incidental to the dairy operations.
4.
Fur farming for the raising of fur-bearing animals, providing buildings and pens shall be located not less than two hundred (200) feet from any property line.
5.
Kennels, provided the buildings and pens shall be located not less than two hundred (200) feet from any property line; fish hatcheries, apiaries and aviaries.
6.
Accessory uses, including repair shops, garages, barns, silos, bunk houses, incidental dwellings, buildings and structures commonly required for any of the above uses; roadside stands of not over two hundred (200) square feet in area offering for sale only products which are produced on the premises. Display of one (1) unilluminated sign pertaining to the sale, lease or identification of the premises upon which it is located or to the sale of products raised thereon is permitted (see Chapter 430: SIGNS).
B.
Height And Area Regulations. In District "A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. There shall be a front yard, the minimum depth of which shall be at least thirty (30) feet.
3.
Side Yards. There shall be a side yard on each side of a building not less than fifteen (15) feet.
4.
Rear Yards. There shall be a rear yard, a minimum depth of which shall be at least thirty (30) feet.
5.
Lot Area Per Family. Every dwelling shall provide a lot area of not less than five (5) acres per family, provided that where a lot has less area than herein provided in separate ownership at the time of the passage of this Chapter, (September 10, 1979), this regulation shall not prohibit the erection of a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
Section 400.090 District "R-1" (First Dwelling House District).
[Ord. No. 6.001 § VII Art. IV, 9-10-1979; Ord. No. 94-07-04 § 400.090, 7-11-1994; Ord. No. 2004-02-09-02 § 1, 2-9-2004; Ord. No. 2004-04-26-01 § 1, 4-26-2004; Ord. No. 2006-02-13-01 §§ 1, 7, 2-13-2006; Ord. No. 2009-07-27-01 § 1, 7-27-2009]
A.
Use Regulations. In District "R-1", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Dwellings, one-family.
2.
Churches.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations.
4.
Public schools, elementary and high schools and private schools with curricular equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Golf courses, not including golf course clubhouses, miniature golf courses or driving ranges (golf course clubhouses are subject to the conditions in Section 400.210).
6.
Railroad right-of-ways, not including railroad yards.
7.
The uses of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped and in keeping with the appearance of the neighborhood.
8.
Accessory uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business.
a.
The term "accessory use" shall include customary home occupations, such as the office of a physician, dentist, surgeon, lawyer, dressmaker, beauty operator, real estate salesman, musician, artist or day care center caring for less than ten (10) unrelated children, under the following restrictions:
(1)
Such uses are located in the dwelling used by that person as his/her private residence; that the residential appearance of the dwelling shall not be changed by alterations or additions for business or commercial uses; and that adequate off-street parking be provided either in side yards or rear yards behind the front building line if such accessory use attracts more vehicles than can be parallel parked conveniently on the street directly in front of the dwelling.
(2)
Not more than one (1) assistant, other than a member of the immediate family, is employed; and no window display or sign, either illuminated or more than two (2) square feet in area, is used to advertise the same.
(3)
No power or equipment be used that would cause objections or be offensive by reason of vibrations, noise or the emission of odor, dust, smoke or gas when measured at the property lines.
(4)
An accessory use under this Section does not include ongoing, frequent or constant garage sales, yard sales or rummage sales from a single residential location. A permit must be obtained from the Director of Planning and Zoning on any residence holding more than two (2) garage, yard or rummage sales per calendar year.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Storage Of Equipment, Material Or Vehicle. No equipment, material or vehicle, other than motor passenger vehicles used more or less daily for personal transportation of residents, shall be stored for more than ninety-six (96) hours in a thirty-day period in a residential district. The parking of automotive vehicles shall not occur on lawn areas as this tends to visually downgrade the property and neighborhood. Parking shall be located in close relationship to the garage or otherwise vehicle-oriented section of the premises so that the lawn area upon which the living section of the dwelling faces can be attractively maintained with grass, trees and shrubs. Parking shall be limited to areas that are:
(1)
Paved, new pavement shall aesthetically match existing driveway;
(2)
On gravel surfaces existing at the date this Chapter was approved;
(3)
On dust-free, improved surfaces such as pave stone.
Recreational vehicles, boats, fully enclosed trailers, or open trailers not used for storage of materials, goods, vehicles or equipment may be stored, on the basis of three (3) per family, in the driveway, in private garages, or in the side or rear yards of dwellings, subject to the parking and paving restrictions above, provided no such vehicles shall be used for residential purposes.
c.
There shall be permitted one (1) detached private garage or accessory building, provided that such building shall be located not less than sixty (60) feet from the front lot line, or in shallower lots, back two-thirds (2/3) the depth of the lot; in no case shall a garage be constructed in front of the building line of buildings on that street. The permitted size of the garage is determined by multiplying the available rear lot area (defined as lot depth measured from rear of the house to rear property line times lot width) times fifteen percent (15%).
[Ord. No. 2017-2935 § 1, 10-24-2017]
A garage or accessory building may be built no closer than three (3) feet of the side or rear lot line. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building. |
With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises. However, this provision shall not apply to any inoperable vehicle incorporated into an artwork that exists by special use permit. |
d.
Temporary real estate sales offices located on property being sold and limited to period of sale, but not exceeding two (2) years without authorization from the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017[1]]
[1]
Editor’s Note: This ordinance removed former Subsection (A)(8)(d), which was Reserved, and provided for the redesignation of former Subsection (A)(8)(e) through (g) as Subsection (A)(8)(d) through (f), respectively.
e.
When swimming pools, meeting rooms, shelter houses, refreshment stands or restaurants are constructed in public parks or playgrounds, the Director of Planning and Zoning shall require adequate off-street parking, sufficient screening to serve as a solid screen, that lighting shall be so arranged as to reflect away from adjoining residential properties and that proper buffer distances be provided to protect adjoining residential property.
[Ord. No. 2017-2935 § 1, 10-24-2017]
f.
Pools having a depth of two (2) feet or more, provided that following conditions are met:
(1)
Located behind the front building line and not less than ten (10) feet from the residence and any rear or side lot line. In the case of corner lots, not less than fifteen (15) feet from a side street right-of-way line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
If located in the side yard, it shall not be less than sixty (60) feet from the front line and not less than fifteen (15) feet from the side lot line.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(3)
The area in which the pool is located shall be entirely enclosed and separated from adjoining property by a protective fence at least four (4) feet in height or other permanent structure at least six (6) feet in height.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(4)
Such protective enclosure shall be provided with gates equipped with locks, which shall be locked when the pool is not attended.
(5)
Adequate pool drainage facilities shall be provided for which the plans and specifications shall be approved by the City Engineer.
B.
Height And Area Regulations. In District "R-1", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. There shall be a front yard the minimum depth of which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard on each side of a building not less than ten percent (10%) of the width of the lot. Such side yard shall not be less than five (5) feet and need not be more than ten (10) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side street, there shall be a side yard on the street side of not less than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street may project not more than five (5) feet in front of the line established for buildings by the front yard requirements for the interior lots on the side streets, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, (September 10, 1979) to less than twenty-eight (28) feet; and conforming with previous zoning ordinances of Greenwood; and provided that the side yard regulations above shall be observed.
4.
Rear Yards. There shall be a rear yard, the minimum depth of which shall be at least thirty (30) feet. When the residence is located on the lot at an angle, measurements shall be taken at each end of building parallel to the sides and a perpendicular measurement taken from the rear of building to the furthest point of the lot. The average of these three (3) measurements shall equal at least thirty (30) feet.
5.
Width Of Lot. The mean width of a lot shall be not less than seventy (70) feet and shall have a width of not less than seventy (70) feet at the building line, provided that where a lot has less width than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Chapter, (September 10, 1979), this regulation will not prohibit the erection of a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered shall provide a lot area of not less than seven thousand eight hundred (7,800) square feet, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Chapter (September 10, 1979), this regulation shall not prohibit the erection of a one-family dwelling. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, the minimum lot area shall be subject to public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Every dwelling unit shall have a first floor area, exclusive of basements, open or screened porches and garages, of not less than one thousand fifty (1,050) square feet.
Section 400.095 District "R-1A" (First Dwelling Suburban District).
[Ord. No. 99-08-02-02 § 1, 8-2-1999; Ord. No. 2006-02-13-01 §§ 2, 8, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "R-1A", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Dwellings, one-family.
2.
Churches.
3.
Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, Police stations and fire stations.
4.
Public schools, elementary and high schools and private schools with curricular equivalent to that of a public elementary or high school and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.
5.
Golf courses, not including golf course clubhouses, miniature golf courses or driving ranges (golf course clubhouses are subject to the conditions in Section 400.210).
6.
Railroad right-of-ways, not including railroad yards.
7.
The uses of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped and in keeping with the appearance of the neighborhood.
8.
Accessory uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business.
a.
The term "accessory use" shall include customary home occupations, such as the office of a physician, dentist, surgeon, lawyer, dressmaker, beauty operator, real estate salesman, musician or artist, under the following restrictions:
(1)
Such uses are located in the dwelling used by that person as his/her private residence; that the residential appearance of the dwelling shall not be changed by alterations or additions for business or commercial uses; and that adequate off-street parking be provided either in side yards or rear yards behind the front building line if such accessory use attracts more vehicles than can be parallel parked conveniently on the street directly in front of the dwelling.
(2)
Not more than one (1) assistant, other than a member of the immediate family, is employed; and no window display or sign, either illuminated or more than two (2) square feet in area, is used to advertise the same.
(3)
No power or equipment be used that would cause objections or be offensive by reason of vibrations, noise or the emission of odor, dust, smoke or gas when measured at the property lines.
(4)
An accessory use under this Section does not include ongoing, frequent or constant garage sales, yard sales or rummage sales from a single residential location. A permit must be obtained from the Director of Planning and Zoning on any residence holding more than two (2) garage, yard or rummage sales per calendar year.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
There shall be permitted one (1) detached private garage or accessory building, provided that such building shall be located not less than sixty (60) feet from the front lot line or in shallower lots, back two-thirds (2/3) the depth of the lot; in no case shall a garage be constructed in front of the building line of buildings on that street. The permitted size of the garage is determined by multiplying the available rear lot area (defined as lot depth measured from rear of the house to rear property line times lot width) times fifteen percent (15%).
[Ord. No. 2017-2935 § 1, 10-24-2017[1]]
A garage or accessory building may be built no closer than three (3) feet of the side or rear lot line. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building. |
With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises. |
[1]
Editor's Note: This ordinance removed former Subsection (A)(8)(b), which was Reserved, and provided for the redesignation of former Subsection (A)(8)(c) through (f) as Subsection (A)(8)(b) through (e), respectively.
c.
Temporary real estate sales offices located on property being sold and limited to period of sale, but not exceeding two (2) years without authorization from the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
d.
When swimming pools, meeting rooms, shelter houses, refreshment stands or restaurants are constructed in public parks or playgrounds, the Director of Planning and Zoning shall require adequate off-street parking, sufficient screening to serve as a solid screen, that lighting shall be so arranged as to reflect away from adjoining residential properties and that proper buffer distances be provided to protect adjoining residential property.
[Ord. No. 2017-2935 § 1, 10-24-2017]
e.
Pools having a depth of two (2) feet or more, provided the following conditions are met:
(1)
Located behind the front building line and not less than ten (10) feet from the residence and any rear or side lot line. In the case of corner lots, not less than fifteen (15) feet from a side street right-of-way line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
If located in the side yard, it shall not be less than sixty (60) feet from the front line and not less than fifteen (15) feet from the side line.
(3)
The area in which the pool is located shall be entirely enclosed and separated from adjoining property by a protective fence at least four (4) feet in height or other permanent structure at least six (6) feet in height.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(4)
Such protective enclosure shall be provided with gates equipped with locks, which shall be locked when the pool is not attended.
(5)
Adequate pool drainage facilities shall be provided for which the plans and specifications shall be approved by the City Engineer.
B.
Height And Area Regulations. In District "R-1A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. There shall be a front yard the minimum depth of which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard on each side of a building not less than ten percent (10%) of the width of the lot. Such side yard shall not be less than ten (10) feet and need not be more than twenty-five (25) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side street, there shall be a side yard on the street side of not less than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street may project not more than five (5) feet in front of the line established for buildings by the front yard requirements for the interior lots on the side streets, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Section to less than fifty (50) feet; and conforming with previous zoning ordinances of Greenwood; and provided that the side yard regulations above shall be observed.
4.
Rear Yards. There shall be a rear yard, the minimum depth of which shall be at least forty (40) feet. When the residence is located on the lot at an angle, measurements shall be taken at each end of building parallel to the sides and a perpendicular measurement taken from the rear of building to the furthest point of the lot. The average of these three (3) measurements shall equal at least forty (40) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
5.
Width Of Lot. The mean width of a lot shall be not less than one hundred (100) feet and shall have a width of not less than one hundred (100) feet at the building line, provided that where a lot has less width than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Section, this regulation will not prohibit the erection of a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered shall provide a lot area of not less than twenty-one thousand seven hundred eighty (21,780) square feet, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Section (September 10, 1979), this regulation shall not prohibit the erection of a one-family dwelling. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, the minimum lot area shall be subject to public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Every dwelling unit shall have a first floor area, exclusive of basements, open or screened porches and garages, of not less than one thousand five hundred (1,500) square feet.
Section 400.096 District "R-1B" (First Dwelling Estate District).
[Ord. No. 99-08-02-02 § 1, 8-2-1999; Ord. No. 2006-02-13-01 § 9, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "R-1B", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-1A".
2.
Dwellings, one-family.
3.
Accessory uses as provided in District "R-1A" including as follows:
a.
A private stable will be allowed on a lot having an area of more than one (1) acre, provided that it is located not less than one hundred (100) feet from the front lot line nor less than seventy-five (75) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each forty-three thousand five hundred sixty (43,560) square feet of lot area; provided however, that where any such stable exists and/or animals as herein provided for are kept, the owner or keeper shall cause the premises to be kept and maintained so as to comply with all State, County and municipal sanitary and health regulations regarding same.
B.
Height And Area Regulations. In District "R-1B", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. There shall be a front yard the minimum depth of which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard on each side of a building not less than ten percent (10%) of the width of the lot. Such side yard shall not be less than fifteen (15) feet and need not be more than twenty-five (25) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side street, there shall be a side yard on the street side of not less than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street may project not more than five (5) feet in front of the line established for buildings by the front yard requirements for the interior lots on the side streets, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Section (September 10, 1979) to less than seventy (70) feet; and conforming with previous zoning ordinances of Greenwood; and provided that the side yard regulations above shall be observed.
[Ord. No. 2017-2935 § 1, 10-24-2017]
4.
Rear Yards. There shall be a rear yard, the minimum depth of which shall be at least fifty (50) feet. When the residence is located on the lot at an angle, measurements shall be taken at each end of building parallel to the sides and a perpendicular measurement taken from the rear of building to the furthest point of the lot. The average of these three (3) measurements shall equal at least fifty (50) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
5.
Width Of Lot. The mean width of a lot shall be not less than one hundred (100) feet and shall have a width of not less than one hundred (100) feet at the building line, provided that where a lot has less width than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Section, this regulation will not prohibit the erection of a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered shall provide a lot area of not less than forty-three thousand five hundred sixty (43,560) square feet, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Section, this regulation shall not prohibit the erection of a one-family dwelling. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, the minimum lot area shall be subject to public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Every dwelling unit shall have a first floor area, exclusive of basements, open or screened porches and garages, of not less than two thousand (2,000) square feet.
Section 400.097 District "R-1R" (First Dwelling Rural Residential District).
[Ord. No. 2005-10-24-02 § 1, 10-24-2005; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. The "R-1R" zone is hereby established to reserve areas of the City for light agricultural pursuits and conservation areas (see definition below) in conjunction with very low density residential uses and thereby to encourage and promote rural living. In District "R-1R", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-1".
2.
Modular and mobile homes provided such homes are permanently affixed to the ground and all wheels and axles have been removed and home is permanently connected to an approved sanitary sewer system.
3.
Agricultural And Related Uses.
a.
Commercial agriculture on parcels of five (5) acres or more.
b.
The non-commercial keeping of horses and other domestic farm type animals not including chickens, rabbits or common household pets subject to the following conditions:
(1)
A minimum of one (1) acre of land dedicated for the required maintenance of such animals shall be provided.
(2)
Three (3) such animals may be maintained on the first dedicated acre and up to one (1) additional animal for each additional one-half (1/2) acre.
(3)
No such animal may be sheltered, fed or watered closer than one hundred (100) feet to a residence occupied by other persons.
c.
The keeping or raising of domestic animals for commercial purposes including commercial stables where more than two (2) horses are boarded.
(1)
For the commercial boarding of more than two (2) horses, a minimum of five (5) acres in gross area is required.
d.
Boarding of one (1) or two (2) horses for a fee.
e.
The keeping of poultry or rabbits for non-commercial purposes at least one hundred (100) feet from a residence belonging to other persons.
g.
Parking or storage of no more than one (1) commercial vehicle exceeding twenty-six thousand (26,000) gvw.
4.
Public and Semi-Public Uses.
a.
Churches, convents, monasteries and other religious institutions.
b.
Recreational facilities, such as rodeos, hunting/riding clubs, country clubs, tennis and swim clubs, golf courses, with incidental limited commercial uses which are commonly associated and directly related to the primary use.
c.
Community service agency camps.
d.
Airports, landing fields, heliports and related activities and uses.
5.
Accessory uses customarily incident to the above uses and located on the same lot therewith not involving the conduct of a retail business.
a.
Any accessory use permitted in District "R-1".
b.
Guest house or accessory living quarters subject to the following conditions:
(1)
Attached or detached accessory living quarters.
(2)
Accessory living quarters and guest houses are limited to fifty percent (50%) of the livable square footage of the main dwelling up to a maximum of eight hundred (800) square feet for a detached guest house or one thousand (1,000) square feet for attached accessory living quarters. Travel trailers are not allowed as guest houses or accessory living quarters.
(3)
Kitchens are allowed.
(4)
All utilities must be on the same meters as the principal dwelling.
(5)
Maximum separation between the main dwelling and guest house shall be sixty (60) feet.
(6)
A deed restriction shall be recorded with either Jackson or Cass County Records Department prior to issuance of a building permit indicating that the accessory unit is for family or guests and not for rental.
c.
All accessory structures (excluding guest house/accessory living units) shall be subject to the following restrictions:
(1)
Bathroom facilities shall be limited to one (1) sink and one (1) toilet.
(2)
Accessory structures shall be limited to a maximum size of three thousand (3,000) square feet. Any accessory structure which exceeds three thousand (3,000) square feet shall require a special use permit.
(3)
The use of mobile homes, semi-trailers, railroad cars, shipping containers, travel trailers, camper shells or similar units as accessory structures is prohibited.
(4)
Accessory structures may be established prior to the dwelling or primary structure subject to the provisions outlined above.
d.
Attached Structures. An accessory structure that is attached to the main structure shall meet all of the setback requirements of the main structure.
e.
Detached structures.
(1)
A detached structure shall meet the setback requirements of the main building for the front and street side yard areas.
(2)
A detached accessory structure which does not exceed fifteen (15) feet in height and six hundred (600) square feet in area may be located within an interior side yard or rear yard; provided however, that such structure shall not be located closer than five (5) feet to an interior side or rear lot line.
(3)
A detached accessory structure which exceeds fifteen (15) feet in height or six hundred (600) square feet in area shall maintain the same minimum side and rear setbacks as required for the main dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(4)
A detached structure shall maintain a minimum ten (10) feet separation from the main structure.
(5)
For the purpose of this Section, swimming pools, hot tubs and spas shall be considered to be a detached accessory structure.
f.
Other structures.
(1)
Steps, architectural features such as eaves, awnings, chimneys, stairways, wing walls or bay windows may project not more than six (6) feet into any required front, street side or rear yard area, nor into any required side yard area more than one-half (1/2) of said required side yard. Greater overhangs or projections may be permitted when it is demonstrated that such additional overhangs or projections are needed for solar or alternate energy purposes, subject to the approval of the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(2)
Balconies, porches or decks shall not encroach or project into any required setback area.
g.
Amateur (HAM) radio towers shall be permitted for the personal use of the property owner/resident and subject to the following provisions:
(1)
Towers shall not project more than sixty-five (65) feet above grade; establishment of towers above this limit but less than one hundred (100) feet in height may be permitted only through the special class procedures set forth in Section 400.210. The height of extension antennas shall be determined in its cranked-down position and shall remain in said position except during use.
(2)
Towers shall meet the minimum setback requirements for the zone in which they are located; no portion of any antenna array shall extend beyond the property lines.
(3)
It shall be the responsibility of the property owner to demonstrate that the site is adequate in size to contain debris resulting from tower failure and that such failure will not present a safety hazard to adjoining properties.
h.
Outdoor storage of unlicensed or inoperable vehicles, vehicle parts, auto parts, tires, secondhand building material, pipe, drums, appliances, household furniture, household refuse, unlicensed travel trailers or utility trailers, etc., shall be permitted. This Section in no way authorizes the storage of any unlawful, noxious, hazardous or offensive materials, substances or objects. All outdoor storage shall be subject to the following conditions:
(1)
For any lot or parcel of land, the area permitted for the above-described outdoor storage shall be one hundred (100) square feet of outdoor storage per acre up to a maximum of two thousand (2,000) square feet.
(2)
On any lot or parcel of land, all outdoor storage shall be located to the rear of the property and screened from neighboring properties and roadways by a wall, non-transparent fencing, landscaping or other structure. Any wall or fencing shall not exceed six (6) feet in height. Stored secondhand materials, vehicles, vehicle parts, etc., shall not be stacked so as to be visible above the required screening or more than six (6) feet high. The provisions of this paragraph shall not be construed to restrict the storage of firewood maintained for personal use by the occupant of the premises.
(3)
All permitted screened outdoor storage areas shall meet the minimum required building setbacks as prescribed by this Section.
(4)
Screened outdoor storage areas shall not be permitted on any parcel unless there is a dwelling on the parcel.
i.
Temporary storage of construction materials, not to exceed one (1) year, shall be permitted on any lot or parcel of land provided such materials are being used in conjunction with a valid construction project on that lot or parcel with an issued building permit.
[Ord. No. 2017-2935 § 1, 10-24-2017]
j.
One (1) commercial vehicle exceeding twenty-six thousand (26,000) pounds gross vehicle weight including, but not limited to, semi-tractors, semi-trailers, dump trucks, etc. and associated commercial equipment may be parked, stored or serviced on any lot or parcel of land.
k.
The storage of a mobile home on any lot or parcel of land is prohibited.
l.
Where public or semi-public uses are established, a masonry wall or alternative opaque fence six (6) feet in height as measured from the highest adjacent grade and screen landscaping may be required by the Director of Planning and Zoning to be erected and maintained between such uses and adjacent residential uses on properties.
[Ord. No. 2017-2935 § 1, 10-24-2017]
m.
Apparatus needed for the operation of active and passive solar energy systems or other alternate energy systems including, but not limited to, overhangs, movable insulating walls and roofs, attached or detached solar collectors, reflectors and piping shall be permitted for any use subject to the approval and specifications of the Director of Building and Zoning.
n.
One (1) recreational vehicle or travel trailer per lot or parcel may be used for temporary residency not to exceed one hundred (100) days per year provided the lot or parcel is not already occupied by a dwelling. A temporary use permit shall be obtained from the Director of Planning and Zoning prior to establishing said temporary residence and the travel trailer or recreational vehicle must be removed from the parcel upon the expiration of the temporary use permit. Approval by the Director of Planning and Zoning may be subject to conditions.
[Ord. No. 2017-2935 § 1, 10-24-2017]
B.
Height And Area Regulations. In District "R-1R", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 400.220 "Setback Regulations" and Section 400.260 "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. There shall be a front yard, the minimum depth of which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard on each side of a building not less than ten (10) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side street, there shall be a side yard on the street side of not less than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street may project not more than five (5) feet in front of the line established for buildings by the front yard requirements for the interior lots on the side streets, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Section (September 10, 1979) to less than twenty-eight (28) feet; and conforming with previous zoning ordinances of Greenwood; and provided that the side yard regulations above shall be observed.
4.
Rear Yards. There shall be a rear yard, the minimum depth of which shall be at least thirty (30) feet. When the residence is located on the lot at an angle, measurements shall be taken at each end of building parallel to the sides and a perpendicular measurement taken from the rear of building to the furthest point of the lot. The average of these three (3) measurements shall equal at least thirty (30) feet.
5.
Width Of Lot. The mean width of a lot shall be not less than three hundred (300) feet and shall have a width of not less than three hundred (300) feet at the building line, provided that where a lot has less width than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Section (September 10, 1979), this regulation will not prohibit the erection of a one-family dwelling.
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered shall provide a lot area of not less than five (5) acres, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Section (September 10, 1979), this regulation shall not prohibit the erection of a one-family dwelling.
7.
Floor Area. Every dwelling unit shall have a first floor area, exclusive of basements, open or screened porches and garages, of not less than one thousand fifty (1,050) square feet.
8.
Lot Coverage. Maximum lot coverage shall not exceed twenty percent (20%) or one (1) acre, whichever is less.
9.
Parking Regulations. Except as specifically allowed in this Section, parking requirements shall conform to the provisions of Section 400.280 "Off-Street Parking and Loading".
a.
Unless otherwise prohibited or limited in this Section, outdoor parking of personal vehicles which are currently licensed and currently operable is permitted. Vehicles which are neither currently licensed nor currently operable shall be considered outdoor storage and housed or screened per Subsection (A)(5)(h) above. Required front and street side setback areas shall not be used for parking or storage of any motor vehicles, vehicle accessory including, but not limited to, travel trailers, recreational vehicles, camper shells, boats, utility trailers, motorbikes, etc. One (1) motor vehicle or travel trailer for sale may be parked on or adjacent to the driveway but not elsewhere in the front or street side setback areas.
C.
Walls And Fences. The provisions of this Section shall not apply to a wall or fence required by any law or regulation of the State of Missouri or any agency thereof.
1.
In any required front or street side yard, an opaque or solid wall or fence shall not exceed three (3) feet in height.
2.
A wall or solid fence not more than six (6) feet in height, as measured from the highest adjacent grade, may be maintained along the interior side or rear lot lines provided that such wall or solid fence does not extend into a required front or street side yard. Extensions of walls or fences into required front or street side yards may not exceed three (3) feet in height.
3.
Walls or fences exceeding six (6) feet in height may be permitted only through the variance procedure set forth in Section 400.340 and subject to the granting of a building permit.
4.
A wall or fence adjacent to a driveway providing vehicular access to an abutting lot shall not exceed three (3) feet in height within fifteen (15) feet of the intersection of said driveway and the street right-of-way so as not to obstruct visibility.
Section 400.100 District "R-2" (Second Dwelling House District).
[Ord. No. 6.001 § VIII Art. IV, 9-10-1979; Ord. No. 2006-02-13-01 § 10, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "R-2", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
B.
Height And Area Regulations. In District "R-2", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Same as in District "R-1".
2.
Front Yards. Same as in District "R-1".
3.
Side Yards. On two-family dwellings, there shall be a side yard on each side of a building of not less than ten percent (10%) of the width of the lot. Such side yard shall not be less than ten (10) feet. In District "R-2", regulations for corner lots shall be the same as for District "R-1".
4.
Rear Yards. Same as in District "R-1".
5.
Width Of Lot. Same as in District "R-1".
6.
Lot Area Per Family. Every dwelling shall provide a lot area of not less than seven thousand eight hundred (7,800) square feet per family for single-family dwellings or six thousand (6,000) square feet per family for two-family dwellings, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of Greenwood at the time of the passage of this Chapter (September 10, 1979), this regulation shall not prohibit the erection of a one-family dwelling. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, the minimum lot area shall be subject to public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Same as in District "R-1" for single-family dwellings and a minimum of one thousand four hundred forty (1,440) square feet for two-family dwellings.
Section 400.105 District "R-3" (Apartment House District).
[Ord. No. 6.001 § IX Art. IV, 9-10-1979; Ord. No. 6.001B § I(A-8), 11-5-1990; Ord. No. 2006-02-13-01 § 11, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "R-3", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in Districts "R-1" and "R-2".
2.
Apartment houses or multiple dwellings.
3.
Boarding and lodging houses.
4.
Day nurseries.
5.
Hotels or apartment hotels.
6.
Private clubs or fraternal orders, except those whose chief activity is carried on as a business.
7.
Philanthropic or eleemosynary institutions*, other than penal or corrective institutions. (*defined as: altruistic, benevolent, good, humane, humanitarian, philanthropic)
8.
Accessory uses customarily incident to any of the above uses and located on the same lot, not involving the conduct of a business or industry.
There shall be permitted such facilities as are required for the operation of a hotel or apartment hotel, when conducted and entered from within the building, provided no window or other display or sign on the exterior of the building is allowed to advertise such use.
B.
Height And Area Regulations. In District "R-3", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. Same as in District "R-1".
3.
Side Yards. Same as District "R-2", including regulations for corner lots.
4.
Rear Yards. There shall be a rear yard, the minimum depth of which shall be at least twenty-five (25) feet.
5.
Width Of Lot. Same as in District "R-1".
6.
Lot Area Per Family. Every building of over four-family dwelling units shall provide a minimum lot area of not less than three thousand (3,000) square feet per family unit. For a three-family unit there shall be a minimum lot area of five thousand (5,000) square feet per family unit. For a four-family unit there shall be a minimum lot area of four thousand (4,000) square feet per family unit. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, each minimum lot area shall be subject to public health requirements.
7.
Floor Area. Minimum floor area for any multiple dwelling building shall be seven hundred twenty (720) square feet per family dwelling unit.
9.
Play Or Park Space. Suitable play or park space shall be provided which is easily accessible from the living units without encountering traffic hazards and which is so located that it will not impair the views from the fronts of the apartments. Such space shall contain not less than the following area:
Section 400.110 District "R-3A" (Garden Apartment District).
[Ord. No. 6.001 § IXA Art. IV, 9-10-1979; Ord. No. 2006-02-13-01 § 12, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "R-3A", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
B.
Height And Area Regulations. In District "R-3A", the height of the buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height above ground level.
2.
Open space.
a.
No portion of a building or structure shall be located closer than twenty (20) feet to a side or rear property line, except garages which may be located within five (5) feet of a property line which is the rear line of an abutting lot or lots.
b.
No portion of a building shall be located closer than thirty (30) feet to a street line.
c.
Except for open areas required for compliance with the following requirements for clearance between buildings, no front, side or rear yards need be provided unless said District "R-3A" is in the same block with a use district which has yard requirements. In such cases, yard requirements shall be applied as follows:
(1)
Front Yards. If District "R-3A" is on the same side of the street, the front yard requirements of said adjacent use district shall apply to that part of District "R-3A" within one hundred (100) feet of said adjacent district. No parking area shall be placed in such required front yard.
(2)
Side And Rear Yards. Where District "R-3A" abuts a use district which has side and/or rear yard requirements, a side and/or rear yard meeting such yard requirements shall be provided in District "R-3A" between said common use district line and any buildings.
d.
No part of an off-street parking area, including stall and access driveway, shall be located closer than five (5) feet to a property street line.
e.
No two (2) buildings or opposite portions of a building around a court shall have a closer relationship than the following:
(1)
Back to back, forty (40) feet;
(2)
Front to front, fifty (50) feet;
(3)
End to end, twenty (20) feet;
(4)
Corner to corner, fifteen (15) feet;
(5)
End to back, twenty-five (25) feet;
(6)
End to front, forty (40) feet;
(7)
No dwelling unit shall face directly upon the rear of a building.
(8)
Service areas and vestibules, porches, balconies and canopies not extending more than ten (10) feet from the building shall be excluded from the clearance requirements of Subparagraphs (1) to (7) inclusive.
(9)
Where the walls of two (2) buildings face each other and the portions of the faces which overlap or are directly opposite each other do not exceed fifteen (15) feet in length and said overlapping portions do not contain windows, the distance between the walls may be not less than nine (9) feet.
3.
Lot Area Per Family. Every building of over four (4) family dwelling units shall provide a minimum lot area of not less than two thousand (2,000) square feet per family unit. For two (2), three (3) or four (4) family dwelling units there shall be a minimum lot area of sixteen thousand (16,000) square feet. However, where a public or community sewer is not available and in use for the disposal of all sanitary sewage from the premises, each minimum lot area shall be subject to public health requirements.
4.
Floor Area. Minimum floor area for any garden apartment dwelling building shall be four hundred seventy-five (475) square feet per unit.
6.
Play Or Park Space. Suitable play or park space shall be provided which is easily accessible from the living units without encountering traffic hazards and which is so located that it will not impair the views from the fronts of the apartments. Such space shall contain not less than the following area:
C.
Planning. A garden apartment project shall be planned and developed only on a lot or tract under single ownership or unified control. All service areas shall be screened from abutting property and ample access to all parts of the premises for four-wheeled emergency vehicles shall be provided.
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
All buildings shall be so arranged or grouped as to have a reasonably wide-spaced distribution over the entire premises. In addition, the buildings shall be so arranged that maximum light, air and open space shall be available to each dwelling unit. Playground and parking space shall be located as to best serve the entire project.
2.
Architectural plans and specifications for the project shall be submitted for review and approval by the Director of Building and Zoning and the Planning Commission and recommended to proper City authority before the issuance of a building permit. Submission of plans and specifications on transmittal shall include such information as is necessary to evidence compliance with all requirements of this Section. The applicant will be required to furnish evidence establishing that there is adequate capacity in the sanitary sewer system for the sewage which will originate in the proposed project or if there is a deficiency in the local sewer capacity that such needed additional capacity will be provided by the applicant.
3.
Upon determination that the project as planned conforms to all the regulations contained herein and all other City ordinances and upon approval by the Director of Building and Zoning and the Planning Commission, the applicant may apply to the proper authorities for a building permit.
D.
Special Conditions. If in any district zoned "R-3A" (Garden Apartment District) the area is not developed in accordance with the requirements as set forth for this district, then that area shall automatically revert to District "R-1" (First Dwelling House District) with such use regulations imposed on it as are outlined in Section 400.090, District "R-1" (First Dwelling House District).
Section 400.120 District "C-O" (Non-Retail Business District).
[Ord. No. 6.001 § X Art. IV, 9-10-1979; Ord. No. 2006-02-13-01 § 13, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "C-O", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-3".
2.
Office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies.
4.
Customary Accessory Uses, Including Signs. No sign shall be larger than sixteen (16) square feet in area and shall set not closer than fifteen (15) feet from the front or side property line.
5.
No merchandise shall be handled or displayed, except as mortuaries; and no equipment, material or vehicle other than motor passenger cars shall be stored outside a building in this district.
B.
Height And Area Regulations. In District "C-O", the height of office buildings and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section 400.220, Setback Regulations, and Section 400.260, Height and Area Exceptions.)
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Height. Same as District "R-3".
2.
Front Yards. Same as District "R-3".
3.
Side Yards. For office buildings there shall be a side yard on each side of a building not less than twenty percent (20%) of the width of the lot, except that such side yard shall not be less than fifteen (15) feet and need not be more than fifty (50) feet.
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street may project not more than ten (10) feet in front of the line established for the buildings by the front yard requirements for the interior lots on the side street.
4.
Rear Yard. Same as District "R-3".
Section 400.130 District "C-B" (Controlled Business District).
[Ord. No. 6.001 § X-A Art. IV, 9-10-1979; Ord. No. 2006-02-13-01 § 14, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "C-B", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "C-O".
2.
Other Uses.
a.
Assembly halls.
b.
Bakeries, retail.
c.
Banks.
d.
Barber and beauty shops.
e.
Gymnasiums (commercial).
f.
Hospitals for small animals, provided all activities are carried on within an enclosed building.
g.
Lodge halls.
h.
Restaurants, cafes and cafeterias serving customers only within an enclosed building. All operations including purchases and consumption, must be within the enclosed building.
i.
Schools and day nursery operated as a business.
[Ord. No. 2017-2935 § 1, 10-24-2017]
j.
Stores, shops and markets for retail trade provided that all operations, displays and storage be carried on within an enclosed building.
k.
Studios.
l.
Wholesale sales offices and sample rooms provided that all operations, displays and storage be carried on within an enclosed building.
m.
Motels.
n.
Accessory uses customarily incidental to any of the above uses, including air-conditioning plants, ice and refrigeration plants, purely incidental to the main activity permitted on the premises and when operated by electricity or gas.
B.
Height And Area Regulations. In District "C-B", the height of the buildings hereinafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section 400.220, Setback Regulations, and Section 400.260, Height and Area Exceptions.)
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Height. Same as District "R-3".
2.
Front Yards. There shall be a front yard the minimum depth of which shall be thirty (30) feet.
3.
Side Yards. A side yard of not less than ten (10) feet shall be provided.
4.
Rear Yards. There shall be a rear yard the minimum depth of which shall be at least twenty (20) feet, except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a residential district.
Section 400.140 District "C-1" (General Business District).
[Ord. No. 6.001 § XI Art. IV, 9-10-1979; Ord. No. 2002-02-21-01 § 1, 2-21-2002; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "C-1", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in Districts "C-O" or "C-B".
2.
Other Uses.
a.
Automobile parking lots for passenger cars or trucks.
b.
Assembly halls.
c.
Motor vehicle or trailer, including mobile homes, sales rooms or yards, other than premises where used vehicles are dismantled or used parts sold, provided no vehicles shall be displayed outside the building within thirty (30) feet of the front street line and regulations regarding repairs shall be the same as for garages (public) in this district.
[Ord. No. 2017-2935 § 1, 10-24-2017]
d.
Automobile washing establishments.
e.
Bakeries.
f.
Banks.
g.
Barber and beauty shops.
h.
Bicycle repair shops, electrical repair and "fix-it" shops.
i.
Billiard halls.
j.
Bus stations.
k.
Cleaning, pressing and dyeing establishments employing not more than five (5) persons, provided that only non-explosive cleaning fluids shall be used.
l.
Clinics (medical or dental).
m.
Frozen food lockers for individual or family use.
n.
Garages (public), except that in public garages no repair work shall be carried on outside of the building and no repairs shall be conducted on any premises within seventy-five (75) feet of a residential district. However, self-storage or mini-storage units do not qualify under this Section.
o.
Greenhouses (commercial).
p.
Gymnasiums (commercial).
q.
Hospitals for small animals.
r.
Launderettes or self-service laundries, provided all equipment is installed and anchored to eliminate vibration. No dust, lint, noise or odor generated by this operation shall be perceptive at the boundary of the premises.
s.
Lodge halls.
t.
Newspaper publishing plants.
u.
Offices.
v.
Photo-engraving shops.
w.
Printing, letter and duplicating shops.
x.
Radio and television shops.
y.
Restaurants, cafes and cafeterias.
z.
Schools operated as a business.
aa.
Shoe repair shops.
ab.
Shops for custom work or the manufacture of articles, provided that in such manufacture the total mechanical power shall not exceed five (5) horsepower for the operation of any one (1) machine and, provided further, that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas and, provided further, that all operation, display and storage be carried on within the building.
ad.
Studios.
ae.
Taverns, bowling alleys, cafes, cafeterias, dance halls, nightclubs, skating rinks, drive-in restaurants, refreshment stands and any other retail trade, where persons are served in automobiles; provided however, that the same shall be not less than two hundred (200) feet from any existing hospital, school or church and shall be not less than two hundred (200) feet from a residential district, unless recommended by the Director of Building and Zoning and the Planning Commission and approved by the Board under such restrictions as seem appropriate after consideration of noise and other detrimental factors incident to such use.
af.
Tourist cabins, courts and motels.
ag.
Wholesale sales offices and sample rooms.
ai.
Accessory uses customarily incident to any of the above uses, including air-conditioning plants, ice and refrigeration plants, purely incidental to the main activity permitted on the premises and when operated by electricity or gas.
B.
Height And Area Regulations. In District "C-1", the height of the buildings hereinafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section 400.220, Setback Regulations, and Section 400.260, Height and Area Exceptions.)
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Height. Same as District "R-3".
2.
Front Yards. There shall be a front yard the minimum depth of which shall be thirty (30) feet, except that it need be of no greater depth than the least depth established by existing buildings in this district within the same block.
3.
Side Yards. A side yard of not less than ten (10) feet shall be provided.
4.
Rear Yards. There shall be a rear yard the minimum depth of which shall be at least twenty (20) feet, except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a residential district.
Section 400.150 District "C-2" (Central Business District).
[Ord. No. 6.001 § XII Art. IV, 9-10-1979; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "C-2", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties").
Any use permitted in District "C-1".
B.
Height And Area Regulations. In District "C-2", the lot and yard requirements for dwellings shall be the same as in District "C-1". Commercial buildings shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories in height and may be built on street lines, lot lines or with joint ownership of common walls across lot lines as is permitted in business district regulations.
Section 400.160 District "C-P" (Planned Business District).
[Ord. No. 6.001 § XIII Art. IV, 9-10-1979; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
General Conditions.
1.
A District "C-P" may be established on a tract of land in single ownership or under unified control, provided that a preliminary development plan for a planned business district has been prepared and submitted to the Planning Commission in compliance with the regulations and requirements of this Section.
2.
The location of any District "C-P" shall be on property which has an acceptable relationship to major thoroughfares and the Planning Commission must satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic generated by the development.
3.
The plan for the proposed development must present a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the properties comprising the planned development and shall not adversely affect the uses of properties immediately adjacent to the proposed development.
4.
The Planning Commission shall have power to make and adopt such rules and regulations as are necessary and proper to effectuate the purpose of this Section.
B.
Preliminary Plan.
1.
The proponents of a Planned Business District shall prepare and submit a preliminary development plan to the Director of Planning and Zoning for inspection and review, upon which plan the Director of Planning and Zoning shall advertise and hold a public hearing before the Planning Commission. This preliminary plan of the property to be zoned as a District "C-P", drawn to scale, shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than five (5) feet, unless waived by the Director of Planning and Zoning, and the proposed size, location and arrangement of buildings, parking areas, with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and proposed streets, alleys and other public ways or public property and any additional information required by the Director of Planning and Zoning. The plan shall show sufficient proposed control grades to interpret the intent of the developer. The preliminary plan shall also show the development of adjacent properties within two hundred (200) feet, including the location and type of buildings and structures thereon. If the Planned Business District is proposed in an unplatted area, the preliminary plan shall be accompanied by a plat, giving the full legal description of the boundaries of the property to be included in the areas to be zoned as a Planned Business District.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
It also shall be accompanied by a plan, drawn to scale, showing the general arrangement of streets within the remainder of this ownership, which plat need not include more than one thousand (1,000) feet from the boundaries of the area to be zoned as a Planned District.
3.
The developer shall indicate on the preliminary plan the stages which will be followed in the construction of the planned center.
4.
If this preliminary plan is found to comply with the intent of the requirements and regulations as set forth in this Section, the Planning Commission shall, after public hearing, submit such approved preliminary plan to the Board of Aldermen with a recommendation for an amendment to the City's Zoning Code, which amendment is to provide for and establish a District "C-P" for the land covered by the preliminary plan.
5.
Upon approval of the zoning change by amendment to the City's Zoning Code, the proponent shall, within two (2) years, submit a final development plan to the Planning Commission for its review and recommendation. The final development plan may be submitted separately for the first and successive stage of construction.
C.
Final Plan.
1.
It shall be the responsibility of the Director of Planning and Zoning to determine that each stage or all of the final development plan conforms to the intent of the preliminary plan on which the zoning change was made. The Planning Commission having reviewed the final development plan for any or all stages of the development and finding that it conforms to the intent of the preliminary plan shall approve such plan and file it for record in the office of the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
If the final development plan fails to conform to the intent of the preliminary plan submitted in support of the rezoning, such final development plan may be submitted to the Planning Commission as an amended preliminary plan, upon which the Director of Planning and Zoning shall advertise and hold a public hearing before the Planning Commission. The procedure shall be the same as for the original preliminary plan.
[Ord. No. 2017-2935 § 1, 10-24-2017]
3.
No building permit shall be issued for any construction in this District "C-P" until the Planning Commission shall have approved the final development plan covering at least the first stage of development and notified the Board of Aldermen.
4.
A final development plan, prepared for each succeeding stage, shall also be reviewed by the Planning Commission and when approved shall be filed in the office of the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
5.
The proponents of a Planned Business District shall prepare and submit a schedule of construction, which construction shall begin within a period of one (1) year following the approval of the final development plan by the Planning Commission and the issuance of a building permit. Failure to begin the construction as scheduled shall void the plan as approved, unless a request for an extension of time is made by the proponents to the Planning Commission and approved by the Board of Aldermen. If for any reason the plan is abandoned or if the construction is terminated after the completion of any stage and there is ample evidence that further development is not contemplated, the order establishing such District "C-P" may be rescinded by the Board of Aldermen and the zoning of the entire tract or the portion which is undeveloped as a District "C-P" shall be changed to a suitable classification.
6.
After the zoning change has been made and the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking area, entrances, heights or open spaces are requested by the proponents and such requests conform to the standards established by the approved final development plan for area to be covered by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the Board of Aldermen upon application and after receiving the recommendations of the Planning Commission.
7.
The plan shall meet the requirements stated herein as to use, height, open space, off-street parking and loading and all driveways or public access.
[Ord. No. 2017-2935 § 1, 10-24-2017]
D.
Use Regulations. In District "C-P", no building, structure or premises shall be used and no building shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
E.
Height And Area Regulations. In a District "C-P", the height for buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of open spaces shall be as follows: (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
There shall be a setback from any street of at least thirty (30) feet for any building and ten (10) feet for any parking lot. Along any other property line, within or adjoining a zoned business district, there shall be a setback for any building or structure of at least ten (10) feet, unless the Board of Aldermen waive such setback.
3.
Along any other property line abutting or adjoining a zoned Dwelling House District, there shall be a setback of at least ten (10) feet for any building or parking lot. The Planned Business District shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence or other suitable enclosure at least three and one-half (3 1/2) feet in height. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen and trees and shrubs shall be properly and adequately maintained by the developer or current owner.
4.
The building line along any street shall be consistent with the building line established in any neighboring residential districts. The Planning Commission may recommend to the Board of Aldermen a reduction in the above required setbacks where the situation will reasonably warrant such reductions.
Section 400.170 District "M-1" (Light Industrial District).
[Ord. No. 6.001 § XIV Art. IV, 9-10-1979; Ord. No. 2002-02-21-01 § 2, 2-21-2002; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "M-1", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties".)
1.
Any use permitted in District "C-2".
2.
Other uses.
a.
Bakeries.
b.
Blacksmith or wagon shops.
c.
Bottling works.
d.
Bus barns or lots.
e.
Canning or preserving factories.
f.
Carpenter, cabinet or pattern shops, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
g.
Carpet cleaning establishments.
h.
Chemical laboratories not producing noxious fumes or odors.
i.
Cleaning, pressing and dyeing plants.
j.
Cold storage plants.
k.
Creameries.
l.
Dog pounds, if within an enclosed building.
m.
Electro-plating works.
n.
Flour mills, feed mills and grain processing, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
o.
Forges (hand).
p.
Freight terminals (rail, truck or water).
q.
Galvanized works.
r.
Garages (public).
s.
Grain elevators.
t.
Ice plants.
u.
Laundries.
v.
Machine shops, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
w.
Manufacture or assembly of products such as: Artificial flowers; feathers; plumes; awnings; bags, blacking; small boats; bone products; brooms and brushes; buttons and novelties; candy; canvas products; cement products; concrete blocks; chemicals (non-offensive); cigars; cigarettes or smoking tobacco; cleaning or polishing preparations; clothing; coffee (roasting); cosmetics; cotton seed; peanut or similar products; drugs or medicines; electric signs; extracts, food products, fruit juices; gas or electric fixtures; ice cream; leather products; light metal products; musical instruments; paper products; shell products; shoes and boots; syrup; terra cotta or tile handcraft products; textiles; toys; wooden ware.
x.
Milk bottling or distribution plants.
y.
Monument or marble works.
z.
Moving, transfer or storage plants, self-storage units or mini-storage units.
aa.
Parking lots for trucks, mobile construction equipment, etc.
ab.
Planing mills, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
ac.
Plumbing and sheet metal shops, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
ad.
Produce markets (wholesale).
ae.
Railroad freight yards.
af.
Sales rooms, yards and service for farm machinery and contractors equipment.
ag.
Stone cutting plants.
ah.
Storage in bulk of or warehouse for such materials as: Asphalt; brick; building materials; cement; clothing; coal; contractor's equipment; cotton; drugs; dry goods; feed; fertilizer; food; grain; gravel; grease; hay; ice; lime; liquor; lubricating oil machinery; metals; millinery; oil; paint; materials; pipe; plaster; roofing; rope; rubber shop supplies; sand; stone; tar; tarred or creosoted products; terra cotta; timber; tobacco; turpentine; varnish; wine; wood; wool; butane (less than tank car lots); gasoline (less than tank car lots); propane (less than tank car lots).
ai.
Veterinary hospitals.
aj.
Manufacture of any similar character to that herein listed, provided such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
ak.
Molding, casting and shaping plastic products and compounding, formulating, mixing and storage of warehousing in bulk of insecticides and pesticides, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
am.
Medical marijuana dispensary facility.
[Ord. No. 2019-2966, 7-23-2019]
an.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
ao.
Medical marijuana testing facility.
[Ord. No. 2019-2966, 7-23-2019]
ap.
Medical marijuana transportation facility.
[Ord. No. 2019-2966, 7-23-2019]
aq.
Accessory uses customarily incident to any of the above uses.
B.
Height And Area Regulations. In District "M-1", the height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected for dwelling purposes exclusively shall comply with front, side, rear yard lot and floor area requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
Front Yards. No front yard is required except that where a portion of District "M-1" lies within the same block and fronts upon the same street with a portion of a residential district and no lot within said District "M-1" is occupied by a building with a front yard of less depth than required in that portion of a residential district adjoining, then in such case the front yard requirement of such adjoining residential district shall likewise be applicable to such portion of District "M-1".
3.
Side Yards. Same as District "C-1".
4.
Rear Yards. Same as District "C-1".
Section 400.180 District "M-2" (Heavy Industrial District).
[Ord. No. 6.001 § XV Art. IV, 9-10-1979; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
Use Regulations. In District "M-2", no building, structure, land or 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: (For exceptions, see Section 400.210, "Special Use Permit"; Section 400.240, "Non-Conforming Buildings, Structures and Uses"; and Section 400.330, "Board of Zoning Adjustment — Powers and Duties".)
1.
Any use permitted in District "M-1".
2.
Other uses.
a.
Ammonia, bleaching powder, chemical plants.
b.
Assaying works (other than gold or silver).
c.
Blooming or rolling mills.
d.
Breweries or distilleries.
e.
Cider mills.
f.
Copper age works.
g.
Cotton ginning or baling works.
h.
Dog pounds.
i.
Enameling works.
j.
Electric power plants.
k.
Forges (power).
l.
Foundries (iron, brass, bronze, aluminum).
m.
Japanning works.
n.
Lumber mills.
o.
Machine shops.
p.
Manufacturing of such products as: Alcohol; boilers; bronze; cans; carbon battery; carbon or lamp black; carriage or wagon parts; celluloid or similar materials; clay; shale and glass products; creosote; cutlery or tools; disinfectant; insecticides; dyes; electrical machinery; furniture; glass; iron and steel; locomotives; motorcars; bicycles; airplanes, nuts; bolts; screws, etc.; oil cloth; linoleum; paint; Japan lacquer, oil, turpentine, varnish, enamel, etc.; railway cars; rubber; synthetic rubber; rubber products; shoddy; soap; starch; glucose; dextrin; tar products; tobacco (chewing); tools; vinegar; wine.
q.
Metal stamping, shearing, punching works, etc.
r.
Oil compounding and barreling plants.
s.
Planing mills.
t.
Railroad roundhouses or shops.
u.
Salt works.
v.
Steel furnaces.
w.
Structural iron or pipe works.
x.
Sugar refineries.
y.
Welding.
z.
Wire or rod mills.
aa.
Wood scouring works.
ab.
Accessory uses customarily incident to any of the above uses.
B.
Height And Area Regulations. In District "M-2", the height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected for dwelling purposes exclusively shall comply with front, side, rear yard lot and floor area requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
Section 400.185 Planned Unit Development.
[Ord. No. 2004-04-03-01 § 1, 4-3-2004; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A.
General.
1.
Approval. Planned unit developments (PUDs) shall be allowed after recommendation by the Planning Commission and Board of Aldermen approval in any zoning district. No such planned unit development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this Code. Compliance with the regulations of this Code in no way excuses the developer from the applicable requirements of a subdivision ordinance, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.
2.
Intent. These regulations are to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic district regulations and to accomplish a well-balanced, aesthetically satisfying City and economically desirable development of building sites within a PUD. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit and intent of this Section and the City of Greenwood's Comprehensive Plan and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage and facilitate the preservation of open lands.
B.
Conditions.
1.
Area. No planned unit development shall have an area less than that recommended by the Planning Commission and approved by the Board of Aldermen as adequate for the proposed development.
2.
Uses. A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development, which allows residential uses and shall be governed by density, design and other requirements of the planned unit development Declaration of Covenants and Restrictions, and other recorded documents. [Ord. No. 2017-2935 § 1, 10-24-2017]
Where a site is situated in more than one (1) use district, the permitted uses applicable to such property in one (1) district may be extended into the adjacent use district.
3.
Ownership. The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.
4.
Design. The Board of Aldermen, after reviewing the recommendation of the Planning Commission, shall require such arrangements of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.
a.
Density. Density of land use shall be determined by approval of the site development plan.
b.
Arrangement. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.
c.
Specific Regulations. Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.
5.
Open Spaces. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either:
a.
Dedication of the land as a public park or parkway system; or
b.
Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws which are satisfactory to the legislative body.
6.
Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for its review and recommendation to be presented to the Board of Aldermen for approval, together with other required plans for the development. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed unless approved by the Board of Aldermen to be submitted and approved on a per-plat basis. A grading and drainage plan shall also be submitted to the Planning Commission with the application.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the application and comply with Chapter 430: Signs.
8.
Desirability. The proposed use of the particular location shall be shown as necessary or desirable to provide a service or facility that will contribute to the general well-being of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development.
C.
Planning Commission Recommendation And Board Of Aldermen Determination.
1.
Considerations. In carrying out the intent of this Section, the Board of Aldermen shall consider the following principles:
a.
It is the intent of this Section that site and building plans for a PUD shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application. The Planning Commission shall be permitted to require the applicant to engage such professional expertise as a qualified designer or design team.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
The Board of Aldermen shall be authorized to approve or disapprove an application for a PUD, following its review of a recommendation received from the Planning Commission.
c.
In an approval, the Board of Aldermen shall be permitted to attach such conditions as it deems necessary to secure compliance with the purposes set forth in this Chapter. The denial of an application for a PUD by the Board of Aldermen shall be permitted to be appealed to the legislative body of the jurisdiction.
D.
Required Contributions.
1.
General. The legislative body, as part of the approval of a PUD, shall be permitted to require an applicant to make reasonable contributions to include, but not limited to, any combination of the following:
a.
Dedication of land for public park purposes.
b.
Dedication of land for public school purposes.
c.
Dedication of land for public road right-of-way purposes.
d.
Construction of, or addition to, roads serving the proposed project when such construction or addition is reasonably related to the traffic to be generated.
e.
Installation of required traffic safety devices.
f.
Preservation of areas containing significant natural, environmental, historic, archeological or similar resources.
E.
Board Of Aldermen Action.
1.
Approval. The Board of Aldermen, following review of a recommendation by the Planning Commission, shall have the authority to require that the following conditions for a planned unit development (among others it deems appropriate) be met by the applicant:
a.
That the proponents intend to start construction within one (1) year of either the approval of the project or of any necessary zoning district change and intend to complete said construction or approved phases thereof within four (4) years from the date construction begins.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
That the development is planned as one (1) complex land use rather than as an aggregation of individual and unrelated buildings and uses.
2.
Limitations on application.
a.
Upon approval of a PUD, construction shall proceed only in accordance with the plans and specifications approved by the City Engineer and in conformity with any conditions attached by the jurisdiction as to its approval.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Amendment to approved plans and specifications for a PUD shall be obtained only by following the procedures here outlined for first approval.
c.
The Director of Planning and Zoning shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval and all infrastructure and utilities are complete.
[Ord. No. 2017-2935 § 1, 10-24-2017]
Section 400.186 District "150 PD" (M-150 Corridor Planned District).
[Ord. No. 2009-07-27-09 § 1, 7-27-2009]
A.
Statement Of Intent And Purpose. The "150 PD" District is a planned district designed to encourage retail development along Missouri 150 Highway. In addition, the "150 PD" District is identified as one (1) in which the physical character and design plays an important role in assuring compatibility with the surrounding residential areas. Review of certain performance standards, specified below, is recognized as essential for the establishment and maintenance of the character of the district. Properties zoned "150 PD" are not intended as single-family, office centers or industrial uses, but as mixed uses that are primarily retail uses with secondary uses such as individual offices (for example: real estate office) or loft apartments.
B.
Approval. Land may be zoned as District "150 PD" (M-150 Corridor Planned District) by the Board of Aldermen on its own motion, subject to proper notification. The owner or an agent of the owner may also file an application to rezone property. Application shall be submitted to the Director of Planning and Zoning. The Planning Commission shall consider each application and make its recommendation to the Board of Aldermen, which shall then make a determination as to approval, approval with conditions or disapproval of the request. Property may be rezoned to District "150 PD"; however, before any development or platting can occur on the property, a development plan must be approved on the property by the Board of Aldermen upon recommendation by the Planning Commission.
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Preliminary plan.
a.
The proponents of the "150 PD" District shall prepare and submit a preliminary development plan to the Planning Commission for its inspection, review and consideration. The preliminary plan shall be drawn to scale and shall include the following information, at a minimum:
(1)
Boundaries of the property and the development of property adjacent to the area and within two hundred (200) feet thereof;
(2)
Existing topography with contour intervals not greater than five (5) feet (unless waived by the Planning Commission);
(3)
Proposed size, location and arrangement of buildings and other structures and any existing easements;
(4)
Total floor area, land area, parking spaces, open spaces and land use intensity;
(5)
Phases of construction;
(6)
Parking area with proposed arrangement of stalls and number of parking stalls;
(7)
Entrance and exit driveways and the relationship the driveways have to the existing and proposed streets;
(8)
Alleys;
(9)
Any other public ways or public property;
(10)
General location of proposed signage;
(11)
General extent and character of the proposed landscaping;
(12)
Preliminary stormwater collection, detention and erosion control plans, showing existing facilities;
(13)
An analysis of the capacity of the existing sanitary sewer receiving system;
(14)
Proposed control grades to interpret the properties within two hundred (200) feet, including the location and type of buildings and structures on the surrounding properties;
(15)
A Traffic Impact Analysis may be required by the Director of Planning and Zoning, Planning Commission or the Board of Aldermen. Elements which may be considered in the determination of requiring a Traffic Impact Analysis include, but are not limited to: (1) developments in the adjacent traffic corridor; (2) areas of existing high traffic congestion; and (3) proposed development of a size, i.e., building square footage, number of employees, that a significant increase in area traffic is expected; and
[Ord. No. 2017-2935 § 1, 10-24-2017]
(16)
Any additional information required by the Planning Commission.
b.
Review Fees. All fees and expenses incurred by the City for the services of a consulting engineer, land planner or other such third-party contractor advising the City in connection with the review of the preliminary plan shall be reimbursed to the City by the proponents, subject to a fifteen-percent City administrative fee.
[Ord. No. 2017-2935 § 1, 10-24-2017[1]]
[1]
Editor's Note: This ordinance provided for the redesignation of former Subsection (B)(1)(b) as Subsection (B)(1)(c).
c.
The Planning Commission shall advertise and hold a public hearing. Upon the completion of the public hearing, the Planning Commission shall submit the preliminary plan to the Board of Aldermen with its recommendation. Upon approval of the preliminary plan by the Board of Aldermen, the Director of Planning and Zoning will notify the proponents to proceed to final plan along with any additional requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
Final Plan.
a.
No building permit shall be issued for any construction in this District "150 PD" until the Board of Aldermen has approved the final development plan. An application for final development plan approval shall be submitted to the Director of Planning and Zoning and the Planning Commission for its review and consideration.
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b.
Fees And Filing. The final plan submitted to the Director of Planning and Zoning shall be accompanied by a minimum fee of one hundred dollars ($100.00). In addition, all fees and expenses incurred by the City for the services of the consulting engineer, land planner or other such third-party contractor advising the City in connection with the review of the final plat shall be reimbursed to the City by the applicant, subject to a fifteen-percent City administrative fee.
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c.
The final development plan shall be drawn to scale and shall include the following information, at a minimum:
[Ord. No. 2017-2935 § 1, 10-24-2017[2]]
(1)
Finished grades or contours for entire site at not less than two-foot contour intervals;
(2)
All adjacent public street right-of-way, existing and proposed, with centerline location;
(3)
All adjacent public street and private drive locations, widths, curb cuts and radii (existing and proposed);
(4)
Location, width and limits of all existing and proposed sidewalks;
(5)
Location, size and radii of all existing and proposed median breaks and turning lanes;
(6)
Distance between all buildings, between buildings and property lines and between all parking areas and property lines;
(7)
Location of all required building and parking lot setbacks;
(8)
Location, dimensions, number of stories and area in square feet of proposed buildings;
(9)
Area of land on site plan in square feet or acres;
(10)
Limits, location, size and material to be used in all proposed retaining walls;
(11)
Location and dimension of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks;
(12)
Location, height, candle power, direction of lighting and type of outside lighting fixtures for buildings and parking lots;
(13)
Location, size, type of material and message of all proposed signage;
(14)
Pertinent peripheral information, to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements;
(15)
Final stormwater collection, detention and erosion control plans;
(16)
Final analysis of the capacity of the existing sanitary sewer receiving system;
(17)
Building elevations of all sides of proposed buildings, including notation indicating building material to be used on exterior walls and roofs;
(18)
Location, size and materials to be used in all screening of rooftop mechanical equipment;
(19)
Landscape plan calling out size, species, location and number of all proposed landscape material;
(20)
Notation of all area to be seeded or sodded;
(21)
Location, size and materials to be used for all screening and/or outside trash enclosure areas; and
(22)
Any additional information required by the Planning Commission.
[2]
Editor's Note: This ordinance provided for the redesignation of former Subsection (B)(2)(b) through (g) as Subsection (B)(2)(d) through (i).
d.
The following additional information shall be submitted with the final development plan application:
(1)
Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat;
(2)
A copy of all covenants and restrictions applicable to the development if required by the terms of the approved preliminary development plan;
(3)
Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan; and
(4)
Evidence of satisfaction of any stipulations or conditions of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.
(5)
Complete title report dated within sixty (60) days of the final plan submission date.
e.
The Planning Commission shall advertise and hold a public hearing. Upon the completion of the public hearing, the Planning Commission shall submit the final development plan to the Board of Aldermen with its recommendation.
f.
If the final development plan fails to conform to the intent of the preliminary plan, the final development plan may be submitted to the Planning Commission as an amended preliminary plan, provided it contains, at a minimum, the information required of a preliminary development plan (see Section 400.186(B)(1)). In addition, the procedure for considering the amended preliminary plan shall follow the same as for the original preliminary plan.
(1)
For purposes of this Section, the final development plan fails to conform to the "intent" of the preliminary plan if any one (1) or more of the following occurs:
(a)
Increases in the floor area of each building or buildings presented in the preliminary development plan by more than ten percent (10%) or decreases in the floor area of any building by equal to or greater than fifty percent (50%).
(b)
Increases in lot coverage by more than five percent (5%).
(c)
Increases in the height of any building by more than twenty percent (20%).
(d)
Changes of architectural style which will make the project less compatible with surrounding uses.
(e)
Changes in ownership patterns or stages of construction that will lead to a different development concept.
(f)
Changes in ownership patterns or stages of construction that will impose substantially greater traffic loads on streets and other public facilities.
(g)
Decreases of any peripheral setback of more than five percent (5%).
(h)
Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.
(i)
Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
(j)
Modification or removal of conditions or stipulations to the preliminary development plan approval.
(2)
The determination of whether a proposed final development plan conforms to the "intent" of the preliminary plan shall be made by the Director of Planning and Zoning. The Director's determination may be appealed to the Board of Aldermen.
[Ord. No. 2017-2935 § 1, 10-24-2017]
g.
A final development plan, prepared for each succeeding stage, shall also be approved by the Board of Aldermen upon a recommendation by the Planning Commission.
h.
Within ten (10) days of approval of a final development plan, the applicant or its agent shall prepare and submit a schedule of construction to the Director of Planning and Zoning. Construction shall begin within a period of one (1) year following approval of the final development plan by the Board of Aldermen. Failure to begin the construction as scheduled shall void the final development plan as approved, unless a request for an extension of time is made to the Board of Aldermen and approved.
[Ord. No. 2017-2935 § 1, 10-24-2017]
i.
After the final development plan has been approved, and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights, open spaces, landscaping, or lighting are requested by the proponents, and such requests conform to the standards established by the approved final development plan for the area to be covered by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the Board of Aldermen upon application and after receiving the recommendations of the Planning Commission.
C.
Use Regulations. In District "150 PD", no building, structure or premises shall be used, and no building shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Permitted Uses.
a.
Bakeries.
b.
Barber and beauty shops.
c.
Bookstore.
d.
Boutique store.
e.
Cleaning, pressing and dyeing establishments, employment not more than five (5) persons on the premises, provided that only non-explosive cleaning fluids shall be used.
f.
Craft store.
g.
Ice cream parlor.
h.
Music store.
i.
Photo shop.
j.
Professional office.
k.
Restaurants.
l.
Second floor loft residential units.
m.
Specialty retail, i.e., gifts, collectables, antiques, cards, etc.
o.
Any other retail business as approved by the Planning Commission and Board of Aldermen.
2.
Accessory Uses.
a.
Accessory uses customarily incident to any of the above uses provided that one (1) sign only, showing the name of each place of business and the commodities or services offered there, will be permitted in District "150 PD".
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Such sign or structure shall be of permanent construction and the design shall be submitted as a part of the final development plan.
D.
Building Material Regulations.
1.
Each exterior wall facing "M-150" shall be constructed with a minimum of seventy percent (70%) of the surface area covered with the following materials:
a.
Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction or similar materials.
b.
Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone. Ashlar, cut stone and dimensioned stone construction techniques are acceptable.
c.
Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weathered common brick.
d.
Stucco or approved gypsum concrete/plaster materials.
e.
Glass Walls. Glass walls shall include glass curtain walls or glass block construction. A "glass curtain wall" shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.
f.
Wood. (Plywood paneling shall be prohibited.)
g.
Any other material not specifically excluded, provided the material is approved by the Board of Aldermen.
2.
Each exterior wall facing a public street (other than "M-150") shall consist of no less than fifty percent (50%) coverage of building materials noted in Subparagraph (1) above.
3.
All remaining exterior walls shall be constructed of materials in Subparagraph (1) above or metal panels with a depth of no less than one (1) inch and a thickness of U.S. Standard 26 gauge or more.
5.
Exposed front and street sidewall facades, excluding windows, doors or overhead doors, consisting of a single undifferentiated plane with a single texture or color shall be prohibited.
6.
Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias shall not be counted as a projection from the primary plane.
7.
Roof-mounted equipment, excluding satellite dishes, shall be screened from view (one hundred percent (100%) opacity) or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare, up to a maximum of three hundred (300) feet away, and no more than three (3) feet of equipment shall be visible from other adjoining property. The appearance of roof screen shall be coordinated with the building to maintain a unified appearance.
8.
Electrical and mechanical equipment in excess of three (3) feet in height and visible from any adjacent public thoroughfare or a residentially zoned area shall be screened from view (100% opacity), up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the buildings appearance.
9.
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior wall of any building.
E.
Height And Area Regulations. In a District "150 PD", the height for buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of open spaces shall be as follows: (For exceptions see Section 400.220, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.
2.
There shall be a setback from any street of at least thirty (30) feet for any building and ten (10) feet for any parking lot. Along any other property line within or adjoining a zoned business district, there shall be a setback for any building, structure or parking lot of at least ten (10) feet.
3.
District "150 PD" shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence or other suitable enclosure at least six (6) feet in height. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen, and trees and shrubs shall be properly and adequately maintained by the developer.
4.
The Planning Commission may recommend to the Board of Aldermen a reduction in the above required setbacks where the situation will reasonably warrant such reductions.
F.
Parking And Loading Regulations.
1.
In any District "150 PD", there shall be provided accessible off-street parking at the rate of one (1) parking space for each five hundred (500) square feet of gross floor area in the building, exclusive of basement storage areas.
2.
Such parking space shall be on the same lot with the main building, or within seven hundred fifty (750) feet of the main building (as measured from the front door), on land zoned for retail or commercial business.
3.
Each required off-street parking space shall be at least ten (10) feet in width and at least twenty (20) feet in length, exclusive of access drives, aisles, ramps or columns.
5.
All open parking areas shall be surfaced with a permanent dust-free surface. Ingress and egress shall be by means of paved driveways at points of connection with public streets.
6.
Ample off-street space for standing, loading and unloading of supplies shall be provided within the development in accordance with requirements under Section 400.280, "Off-Street Parking and Loading Regulations".
7.
The Planning Commission may recommend to the Board of Aldermen a reduction in the above required parking spaces where the situation will reasonably warrant such reductions.
G.
Landscaping Requirements. The Board of Aldermen upon recommendation by the Planning Commission shall approve the landscaping plan on a case-by-case basis. At a minimum, every development shall include the following landscaping requirements. The Planning Commission may recommend to the Board of Aldermen a modification to the landscape requirements where the situation will reasonably warrant such modification.
1.
General Requirements.
a.
All land areas which are to be unpaved or not covered by buildings shall be brought to finished grade and planted with turf or native grass or other appropriate ground cover. In addition to the minimum number of trees required to be planted by this Section, an appropriate number or amount of shrubs, ground cover and/or turf area plantings shall be included within each project, to be determined by the design criteria for the project relating to visual safety, species and landscape function.
b.
All service areas, trash enclosures and outdoor storage areas shall be screened with plantings or landscaped berm(s).
c.
No tree shall be planted within three (3) feet from any paved surface and no shrub shall be planted in the right-of-way within three (3) feet from any paved surface.
2.
Perimeter Parking Lot. Unless otherwise required by the Planning Commission or other provisions of this Chapter, a perimeter parking lot landscaping shall be provided according to the following schedule as a minimum for each one hundred (100) linear feet of perimeter width or portion thereof of parking area:
a.
Eight (8) evergreen trees.
b.
Two (2) shade trees.
c.
One (1) ornamental tree.
d.
The above landscaping materials may be deviated from provided an alternative list of materials is approved by the Planning Commission which achieves comparable screening and buffering.
e.
A one (1) to one (1) credit shall be given for each tree preserved within the parking lot setback, which meets or exceeds the minimum size requirements, subject to the approval of an alternate plan as outlined above.
3.
Street Frontage. One (1) tree is required for each fifty (50) feet of street frontage or portion thereof. Said trees shall be planted within the landscape setback abutting said street frontage. Trees may be clustered or arranged within the setback and need not be placed evenly at fifty-foot intervals. See Section 400.285(E) for the types of trees allowable within the landscape right-of-way setback.
4.
Remainder Of Site. One (1) tree for every three thousand (3,000) square feet of landscaped open space and one (1) tree for each twenty (20) cars of parking area planted in the parking area and not at the perimeter (see regulations for perimeter parking lot above). For planting requirements within parking and vehicular use areas, see Section 400.285(F)(2). Any loading area adjacent to a residential area shall be buffered with landscape materials in conjunction with earthen berms.
5.
Landscaping Plan Requirements. See Section 400.285(D).
6.
Planting Requirements. See Section 400.285(F).
7.
Landscaping In Place Prior To Occupancy Permit. See Section 400.285(G).
8.
Maintenance. See Section 400.285(H).
H.
Lighting. The Planning Commission shall approve the lighting plan on a case-by-case basis. At a minimum, every development shall conform to the lighting requirements of Section 410.190. The Planning Commission shall have discretion in requiring additional lighting. The Planning Commission may recommend to the Board of Aldermen a reduction in the lighting requirements where the situation will reasonably warrant such reduction.
I.
Signage. The Planning Commission shall approve the signage plan on a case-by-case basis. At a minimum, every development shall conform to the requirements of Chapter 430: Signs and more specifically the requirements for District "C-2". The Planning Commission shall have discretion in approving a signage plan that has less signage than is allowed under Chapter 430. The Planning Commission may recommend to the Board of Aldermen a plan that includes more signage than is allowed under Chapter 430 where the situation will reasonably warrant such request.