Higginsville City Zoning Code
ARTICLE IV
District Regulations
Section 410.160 "AG" Agricultural District.
[R.O. 2009 §410.160; Ord. No. 2040 §§"AG"(4-1—4-6), 9-15-2003]
A.
Intent. It is the intent of this district to protect agricultural uses and future urban growth areas through control of density, land use and land coverage.
B.
Permitted Uses. Generally, agricultural and rural residential uses are permitted on parcels greater than twenty (20) acres. For a general listing of permitted and conditionally permitted uses, see Article V of these regulations. The raising and feeding of livestock and poultry shall be considered an agricultural venture if the area in which the livestock or poultry is kept is ten (10) acres or more in area, and if such raising of livestock and poultry is incidental or supplemental to the raising of crops. The storage of crops, grains, feeds or other products shall be limited to those raised on or to be consumed on the premises. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article V.
D.
Intensity Of Use Regulations.
1.
Minimum lot area. Twenty (20) acres. A residence shall be permitted on a lot of record that is not less than the minimum lot size required to meet minimum standards for sewage treatment.
2.
Minimum lot width. The minimum lot width for residential uses shall be six hundred sixty (660) feet. Minimum lot width shall be three (3) acres for non-residential uses.
E.
Height Regulations. Maximum structure height: Thirty-five (35) feet.
Section 410.170 "SF-1" Single-Family Residential District.
[R.O. 2009 §410.170; Ord. No. 2040 §§"SF-1"(4-1—4-8), 9-15-2003]
A.
Intent. The intent of this district is to provide for low-density residential development including those uses which reinforce residential neighborhoods.
B.
Permitted Uses. Generally, single-family dwellings, parks and related accessory uses are permitted. Educational and religious uses are permitted as conditional uses. For a general listing of permitted and conditionally permitted uses, see Article V of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article V.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article VI:
1.
Minimum lot area. Twelve thousand five hundred (12,500) square feet.
2.
Minimum lot width. Seventy-five (75) feet; corner lots shall not be less than ninety (90) feet.
3.
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than forty percent (40%) of the total area of the lot.
E.
Height Regulations. Maximum structure height: Thirty-five (35) feet.
F.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
1.
Front yard. Thirty (30) feet.
2.
Side yard. Ten (10) feet; structures on corner lots shall provide a side yard on the street side of not less than thirty (30) feet or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear yard. Thirty (30) feet
Section 410.180 "SF-2" Single-Family Residential District.
[R.O. 2009 §410.180; Ord. No. 2040 §§"SF-2"(4-1—4-8), 9-15-2003]
A.
Intent. The intent of this district is to provide for moderate density residential development in a manner which will encourage a strong residential neighborhood.
B.
Permitted Uses. Generally, single-family dwellings, parks and related accessory uses are permitted. Educational and religious uses are permitted as conditional uses. For a general listing of permitted and conditionally permitted uses, see Article V of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article V.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article VI:
1.
Minimum lot area. Seven thousand five hundred (7,500) square feet.
2.
Minimum lot width. Fifty (50) feet; corner lots shall not be less than sixty-five (65) feet.
3.
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than forty percent (40%) of the total area of the lot.
E.
Height Regulations. Maximum structure height: Thirty-five (35) feet.
F.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
1.
Front yard. Twenty-five (25) feet.
2.
Side yard. Five (5) feet; structures on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear yard. Twenty-five (25) feet.
Section 410.190 "SF-3" Single and Two-Family Residential District.
[R.O. 2009 §410.190; Ord. No. 2040 §§"SF-3"(4-1—4-8), 9-15-2003]
A.
Intent And Purpose Of District. The "SF-3" Residential Dwelling District is intended for the co-mingling of compatible single-family and two-family dwellings and community facilities yet retain the basic residential quality.
B.
Permitted Uses. Generally, single-family and duplex dwellings, parks and related accessory uses are permitted. Educational and religious uses are permitted as conditional uses. For a general listing of permitted and conditionally permitted uses, see Article V of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article V.
[Ord. No. 2590 §1, 7-20-2015]
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article VI:
1.
Minimum lot area.
Single-family detached: | Seven thousand five hundred (7,500) square feet | |
Duplex: | Three thousand seven hundred fifty (3,750) square feet per family |
2.
Minimum lot width. Fifty (50) feet; corner lots shall not be less than sixty-five (65) feet.
3.
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than forty percent (40%) of the total area of the lot.
E.
Height Regulations. Maximum structure height: Thirty-five (35) feet.
F.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
1.
Front yard. Twenty-five (25) feet.
2.
Side yard. Five (5) feet; structures on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet, or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear yard. Twenty-five (25) feet
Section 410.200 "MR" Multi-Family Dwelling District.
[R.O. 2009 §410.200; Ord. No. 2040 §§"MR"(4-1—4-10), 9-15-2003; Ord. No. 2674 § 1, 5-15-2017]
A.
Intent And Purpose Of District. The "MR" Multi-Family Dwelling District is intended for the purpose of allowing high residential density land use with the co-mingling of compatible single-family and two-family dwellings, apartments, community facilities and other complimentary uses that retain a residential quality within the district.
B.
District Regulations. In the "MR" District, no structure or land shall be used and no structure altered, enlarged or erected which is arranged, intended or designed for other than one (1) of the uses listed in the use regulations.
C.
Permitted Uses. Single-, two- and multi-family dwellings, apartments, nursing homes and boarding houses are permitted. For a specific listing of permitted and conditionally permitted uses, see Article V of these regulations.
D.
Intensity Of Use Regulations. Except as hereinafter provided, all dwellings hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:
1.
A lot on which there is erected a single-family dwelling shall contain an area of not less than six thousand five hundred (6,500) square feet. No lot shall be less than fifty (50) feet in width; corner lots shall be not less than seventy (70) feet in width.
2.
A lot on which there is erected a two-family dwelling shall contain an area of not less than three thousand (3,000) square feet per family. No lot shall be less than sixty (60) feet in width; corner lots shall be not less than eighty (80) feet in width.
3.
A lot on which there is erected a multi-family dwelling shall contain an area of not less than seven thousand five hundred (7,500) square feet or two thousand five hundred (2,500) square feet per unit, whichever area is the larger, except that this regulation shall not apply to dormitories or rooming and lodging houses where no cooking is done in individual rooms or apartments. The Planning Commission may authorize an increase in the intensity of use for multi-family dwellings by one (1) residential unit, if all of the following conditions can be met:
4.
Where a single lot of record, as defined in Section 410.040 of this Chapter, has less area than herein required and was recorded prior to January 22, 2001, the effective date of this Chapter, that lot may be used only for single-family dwelling purposes.
5.
Multi-family uses shall not cover more than forty percent (40%) of the lot area.
E.
Height Requirements. No structure shall exceed thirty-five (35) feet in height, except that for each one (1) foot of additional front yard provided, two (2) additional feet of height will be permitted.
F.
Yard Requirements.
1.
Front Yard.
a.
The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line; or on collector streets seventy (70) feet measured from the centerline of the street; or on arterial streets eighty (80) feet measured from the centerline of the street, whichever front yard setback would be greater.
b.
Where a lot or lots have double frontage, the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the corner lot, except the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet, except where necessary to provide a yard along the side street with a depth of not less than five (5) feet. No accessory structure shall project beyond the front yard line of either street.
2.
Side Yard.
a.
There shall be a side yard not less than five (5) feet on each side of structures up to thirty-five (35) feet high.
b.
There shall be a side yard of not less than ten (10) feet on each side of a structure in excess of thirty-five (35) feet in height.
c.
Structures on corner lots shall provide a side yard (on the street side) of no less than twenty-five (25) feet or meet the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear Yard. There shall be a rear yard for structures in this district which shall have a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is the smaller.
Section 410.210 "MHP" Manufactured Home Park District.
[R.O. 2009 §410.210; Ord. No. 2040 §§"MHS"(4-1—4-9), 9-15-2003; Ord. No. 2520 §1, 10-7-2013]
A.
Intent. It is the intent of this district to provide medium-density manufactured home park development that is compatible with the character of the surrounding neighborhood in which it is located. Manufactured home parks are considered as a residential use and should be located in areas where services and amenities are available, such as those found in conventional residential areas.
E.
Height Regulations. Maximum structure height: Twenty (20) feet.
G.
Common Open Space. No less than ten percent (10%) of the gross area of any manufactured home park shall be devoted to common recreational areas and facilities. Such open space shall be separate and aside from the open space provided on each manufactured home space. Said open space shall be sodded and/or landscaped or otherwise designed and made available for recreational use.
1.
One (1) principal recreation and community area shall be provided that contains at least one-half (1/2) of the total required open space.
2.
To be countable as common recreational area, such areas shall contain at least one thousand (1,000) square feet and be at least twenty (20) feet at its smallest dimension.
H.
Use Limitations. Each manufactured home park shall be designed in accordance with all City codes and to the following minimum design standards:
1.
Minimum design standards.
a.
The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
b.
Manufactured home parks hereafter approved shall have a maximum density of eight (8) manufactured homes per gross acre, and a minimum area of five thousand (5,000) square feet shall be provided for each manufactured home space.
c.
Each manufactured home space shall be at least fifty (50) feet wide and be clearly defined.
d.
All manufactured homes and additions thereto shall be so located as to maintain a clearance of not less than twenty (20) feet from another manufactured home or twenty-five (25) feet from any permanent structure within the park.
e.
All manufactured home spaces shall front upon a private roadway of not less than twenty-five (25) feet in width, including curbs on each side; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one (1) side of the street, the width shall be increased to thirty (30) feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to thirty-six (36) feet. All roadways shall have unobstructed access to a public street.
f.
All roadways and sidewalks within the manufactured home park shall be of all-weather surfacing and shall be adequately lighted at night.
g.
A community structure may be provided which may include recreation facilities, laundry facilities and other similar uses.
h.
The perimeter of all manufactured homes shall be fully skirted. Skirting shall be of a finished nature and installed within thirty (30) days of home placement and shall be used to conceal all underpinning, plumbing and support piers.
i.
Sidewalks shall be required on one (1) side of all streets.
j.
Landscaping shall be shown on the site development plan.
k.
All roadways shall meet the design standards as adopted by the City for private streets in manufactured home parks.
l.
A structure permit for the park shall be obtained before moving a manufactured home into an "MHP" District.
2.
Water supply.
3.
Sewage disposal. Individual sewer connections shall be provided for each manufactured home space and shall be installed in accordance with the building codes of the City. A public sewer system shall be used.
4.
Tie-downs and ground anchors. All manufactured homes shall be secured to the ground by tie-downs and ground anchors in accordance with the manufacturer's instructions.
5.
Electrical. Each manufactured home space shall be provided with an individual electrical outlet supply which shall be installed in accordance with the building codes of the City and requirements of the electric supplier.
6.
Gas. Natural gas hookups, when provided, shall be installed in accordance with the building codes of the City and the regulations of the gas supplier.
7.
Refuse and garbage handling. Storage, collection and disposal of refuse in a park shall be in accordance with City Code.
8.
Blocking. All manufactured homes shall be blocked at a maximum of ten-foot centers around the perimeter of each manufactured home in accordance with manufacturer's guidelines.
9.
Pad requirements. Pads shall be a flexible surface with a minimum of five-inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; or shall be of a hard surface of a minimum of two (2) eighteen-inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the manufactured home.
10.
Recreational Vehicles. A recreational vehicle may be used as a residence in a manufactured home park district as follows:
a.
No recreational vehicle shall be placed closer than ten (10) feet to any other recreational vehicle or manufactured home.
b.
Recreational vehicles must be treated as manufactured homes for purposes of density requirements.
c.
The minimum width of the space provided for the recreational vehicle shall be twenty-five (25) feet, and so designed that any vehicle used for towing may be parked totally within such space.
d.
No recreational vehicle shall be placed within thirty (30) feet of the development's property line.
e.
A suitable facility shall be provided on each parking space for sanitary disposal of wastewater and sewage.
f.
The placement of recreational vehicles within a Manufactured Home Park District shall only be permitted for periods designated by motion of the Board of Aldermen, not to exceed 180 days, when economic activity or temporary housing demands justify use of this exception, as determined in the sound discretion of the Board of Aldermen.
I.
Application Requirements.
1.
An applicant for "MHP" Manufactured Home Park shall prepare or cause to be prepared a preliminary manufactured home park plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet and twenty (20) copies of said plan shall be submitted to the Planning Commission for its review and recommendations. Said plan shall be designed in accordance with the minimum design standards herein and shall have contours shown at two-foot intervals.
2.
Upon approval of the preliminary manufactured home park plan by the Planning Commission, the applicant shall prepare and submit a final plan which shall incorporate any changes or alterations requested. The final plan and the Planning Commission recommendation shall be forwarded to the Governing Body for its review and final action.
3.
Any substantial deviation from the approved plan, as determined by the Zoning Administrator, shall constitute a violation of these regulations. Changes in plans shall be resubmitted for reconsideration and approval by the Planning Commission and Governing Body prior to the occupancy of the manufactured home park.
J.
Construction of an approved manufactured home park shall begin only after the use permit has been granted by the Governing Body.
Section 410.220 "HS" Health Services District.
[R.O. 2009 §410.220; Ord. No. 2040 §§"HS"(4-1—4-9), 9-15-2003]
A.
Intent. The intent of this district is to provide a zone which will accommodate a broad range of office and institutional business uses, along with a narrow range of retail shopping activities that are normally found in the core area of a City, as well as moderate-density town house and condominium dwellings; and where development is allowed based upon a site plan with setbacks averaged by the neighboring district regulations with off-street parking facilities required of the private development.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article VI:
1.
Minimum lot area. Twenty thousand (20,000) square feet.
2.
Minimum lot width. One hundred (100) feet; corner lots shall not be less than one hundred fifteen (115) feet.
3.
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than seventy percent (70%) of the total area of the lot.
E.
Height Regulations. Maximum structure height: Forty-five (45) feet.
F.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
1.
Front yard. Thirty (30) feet.
2.
Side yard. Twenty (20) feet; structures on corner lots shall provide a side yard on the street side of not less than twenty-five (25) feet or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear yard. Thirty (30) feet.
Section 410.230 "GC" General Commercial District.
[R.O. 2009 §410.230; Ord. No. 2040 §§"GC"(4-1—4-9), 9-15-2003]
A.
Intent. The intent of this district is to provide a zone for commercial uses such as retail sales, services, office and related uses which require direct access to major streets.
B.
Permitted Uses. Generally, retail sales, services, office and related uses related to the Fairground Avenue commercial area and compatible with small neighborhood commercial areas.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article VI:
1.
Minimum lot area. Seven thousand five hundred (7,500) square feet.
2.
Minimum lot width. Fifty (50) feet; corner lots shall not be less than eighty-five (85) feet.
3.
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than eighty percent (80%) of the total area of the lot.
E.
Height Regulations. Maximum structure height: Forty-five (45) feet.
F.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
1.
Front yard. Thirty (30) feet.
2.
Side yard. Ten (10) feet if adjacent to a residential district; otherwise five (5) feet; structures on corner lots shall provide a side yard on the street side of not less than ten (10) feet, or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear yard. Minimum depth of rear yard: No rear yards are required for commercial buildings except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than twenty-five (25) feet.
Section 410.240 "DC" Downtown Commercial District.
[R.O. 2009 §410.240; Ord. No. 2040 §§"DC"(4-1—4-9), 9-15-2003; Ord. No. 2095 §1, 12-6-2004]
A.
Intent. The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities and office uses that are normally found in the core area of a City; and where development is allowed up to the property lot line with no off-street parking facilities required of the private development. The "DC" Downtown Commercial District shall be limited to the Main Street commercial area.
B.
Permitted Uses. Generally retail, service, office and related uses. Single-family dwelling units, when located on or above the second (2nd) story of a commercial structure. Special consideration shall be given to the level of continuity between proposed uses and the Main Street commercial area.
C.
Conditional Uses. Multi-family residential, when located on or above the second (2nd) story of a commercial structure, may be permitted by conditional use. For a specific listing of other conditional uses, see Article V.
E.
Height Regulations. Maximum structure height: Forty-five (45) feet.
Section 410.250 "HC" Highway Commercial District.
[R.O. 2009 §410.250; Ord. No. 2040 §§"HC"(4-1—4-9), 9-15-2003]
A.
Intent. The intent of this district is to provide for specialty retail-commercial and service-commercial uses that serve traffic from regional roadways, as well as select local commercial areas.
B.
Permitted Uses. Generally, highway oriented retail, service, hospitality and ancillary uses commonly associated, yet clearly subordinate to, permitted principal uses.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article VI:
1.
Minimum lot area. Seven thousand five hundred (7,500) square feet.
2.
Minimum lot width. Fifty (50) feet; corner lots shall not be less than sixty-five (65) feet.
3.
Lot coverage. The combined area of the main building and accessory buildings shall not cover more than eighty percent (80%) of the total area of the lot.
E.
Height Regulations. Maximum structure height: Forty-five (45) feet.
F.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
1.
Front yard. Thirty-five (35) feet.
2.
Side yard. Five (5) feet; structures on corner lots shall provide a side yard on the street side of not less than ten (10) feet or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.
3.
Rear yard. Minimum depth of rear yard: No rear yards are required for commercial buildings except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than twenty-five (25) feet.
Section 410.260 "LI" Light Industrial District.
[R.O. 2009 §410.260; Ord. No. 2040 §§"LI"(4-1—4-11), 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
Intent. The intent of the district is to permit industrial and commercial uses that are not obnoxious due to appearance, noise, emissions or odor; that do not require intensive land coverage; and that can be compatibly developed with adjacent districts through site plan review.
B.
Permitted Uses. Generally, light manufacturing, wholesaling, trucking and warehousing uses, with limited retail and service uses permitted, as well. For a specific listing of permitted uses, see Article V of these regulations.
E.
Height Regulations. Maximum height of structure: Forty-five (45) feet.
G.
Yard Regulations. Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:
H.
Use Limitations.
1.
All operations and activities shall be conducted within a structure or structures. Storage may be maintained outside said structure or structures provided the view of said storage area is properly screened from adjacent residential areas. Storage within "LI" Industrial—Light or "HI" Industrial—Heavy District shall be exempt from screening of exterior storage from streets.
2.
A solid or semi-solid fence or wall six (6) feet high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right-of-way. Said fence or wall shall be maintained in good condition by the owner or owners of the property in the "LI" District.
3.
No structure shall be used for residential purposes.
Section 410.270 "HI" Heavy Industrial District.
[R.O. 2009 §410.270; Ord. No. 2040 §§"HI"(4-1—4-11), 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
Intent. The intent of the district is to permit a broad range of industrial uses, including uses that have a potential of obnoxious appearance, noise, emissions or odor; that require intensive land coverage; and that require careful site planning to be compatibly developed with adjacent districts.
B.
Permitted Uses. Generally, light manufacturing, wholesaling, trucking and warehousing uses. For a specific listing of permitted uses, see Article V of these regulations.
E.
Height Regulations. Maximum height of structure: Forty-five (45) feet.
H.
Use Limitations.
1.
Storage may be maintained outside structures provided the view of said storage area is properly screened from adjacent residential areas. Storage within "LI" Industrial—Light or "HI" Industrial—Heavy District shall be exempt from screening of exterior storage from streets.
2.
A solid or semi-solid fence or wall six (6) feet high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right-of-way. Said fence or wall shall be maintained in good condition by the owner or owners of the property.
3.
No structure shall be used for residential purposes.
Section 410.280 "P-D" Planned Development District.
[R.O. 2009 §410.280; Ord. No. 2040 §§"PD"(4-1—4-14), 9-15-2003]
A.
Purpose. The purpose of this district is to provide for elements of flexibility in design, placement, arrangement, bulk and other considerations involved in planned districts; to provide a framework within which the structures and uses in the planned district may be interrelated with adjacent development and areas; and to maintain the desired overall intensity of land use, desired population densities and desired areas of open space. The use of planned zoning procedures is intended to encourage large-scale developments, efficient development of small tracts, innovative and imaginative site planning and conservation of resources.
B.
Use Of The "P-D" District.
1.
With the exception of standard single-family and two-family residential subdivisions, zoning proposals which are intended to be subdivided into multiple lots should seek the "P-D" zoning district classification. Planned developments are groupings of structures or sites that are planned as an integrated unit or cluster on property under unified control at the time of zoning. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with the development standards and other conditions that were committed to at the time of the rezoning. The Planned Development District must always be used in conjunction with one (1) of the other zoning districts, known as the "underlying district". The requirements of the "P-D" District shall be in addition to the requirements of the underlying district, except that the "P-D" District may modify some of the regulations of the underlying district in specific situations. A "P-D" District may be used in conjunction with any of the other zoning districts or with any combination of districts.
2.
An application for rezoning to the "P-D" District shall include a preliminary development plan and may include a concurrent request to change the underlying zoning classification. If the rezoning is approved, the new district shall include the designation of the underlying district followed by "P-D". For example, a planned development district of an "SF-2" District shall be known as "SF-2PD".
3.
Approval of the rezoning based on the preliminary development plan shall allow the applicant to submit a final development plan for approval. No structure or occupancy permit shall be issued until a final development plan has been approved. The use of the "P-D" District shall be separate from the subdivision regulations of the City, and the development plans required by the "P-D" District shall not be construed as plats. It is recommended that the subdivision process follow the rezoning/preliminary plan approval, but precede the approval of the final development plan. Resubdivision may be a prerequisite to approval of the final development plan.
C.
Use Regulations. Any use permitted in the underlying zone may be permitted. The uses permitted may be voluntarily restricted by the applicant or restricted as a condition of approval by the Planning Commission.
D.
Height Regulations. The height regulations provided for the underlying zoning district shall be required, provided that the allowed height may be increased by one (1) floor or fifteen (15) feet upon a showing that the proposed structure is consistent in scale and bulk to the character of the community, and the increase in density as a result of the increase in height does not create an adverse effect on the value or utility of adjacent property.
E.
Yard Regulations. The yard regulations provided for the underlying zoning district shall be required, provided that the yard regulations may be reduced upon a showing of sufficient open space accessible to occupants; a separation between structures for fire-fighting purposes; and that there is consistency with the visual character of the community.
F.
Use Regulations.
1.
The proposed development shall provide access to the major street system in such a way that the traffic generated by the development will not cause an unreasonably hazardous condition or inconvenience in the area.
2.
Structures and traffic shall be arranged so that all principal structures are accessible to emergency vehicles.
3.
Parking shall be provided in a manner which reduces to a minimum its adverse physical impact in the area. Screening parking areas with landscaping or walls, breaking parking areas into smaller units by introducing landscaped areas or other physical separators is suggested approaches. The parking areas should be appropriately spaced to serve those units they represent.
4.
The availability of services and location of public utilities shall have the approval of each agency involved. Evidence to this effect shall be presented with the preliminary development plans.
5.
Approval of the final development plan may be conditioned by the Planning Commission or Governing Body to minimize any negative impact on the community.
G.
Application For Rezoning. A petition to change to a "P-D" Planned District shall be filed with the City, along with the filing fee as set forth by separate ordinance. A preliminary development plan shall be attached and shall include the elements set forth in these regulations. The process for approval shall be the same as for any rezoning as provided by these regulations.
H.
Approval Procedure. The approval by the Governing Body of the preliminary development plan and the concurrent rezoning to the "P-D" District shall be preceded by the publication and mailing of notice, a public hearing and a recommendation by the Planning Commission. If the Governing Body disagrees with the recommendation, the application shall be returned to the Planning Commission for reconsideration. Approval of the preliminary development plan shall be valid for two (2) years from the date of its approval. The filing and approval of a final development plan for any phase of the area contained in the preliminary plan shall extend the period of validity an additional two (2) years. Once approved, the zoning classification can only be changed through rezoning and cannot be changed by expiration of the preliminary development plan.
I.
Preliminary Development Plan. The preliminary development plan shall be prepared at a scale dimension of not more than 1" = 100' and shall include:
1.
Boundaries of the project with dimensions to scale;
2.
Contour intervals of two (2) feet;
3.
Proposed size, height, location and arrangement of structures, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and/or proposed streets;
4.
Preliminary drainage plan in sufficient detail to show direction of flow, stormwater detention facilities, if needed, and major drainage structures;
5.
General landscape plan to include location and height of all walls, fences, signs and screen plantings;
6.
Note provision for dedication of new or additional rights-of-way, if needed; such to be dedicated to the City prior to approval of a final development plan;
7.
Phases of final development;
8.
Name and address of owner, applicant and engineering firm which prepared the plan;
9.
Seal of engineering firm licensed in the State of Missouri developing the plan, scale, north point and date of plan;
10.
A description of any limitations to be placed on the range of permitted uses, the hours of operation, the structure materials to be used or other similar factors; and
11.
Ten (10) copies shall be submitted.
J.
Final Development Plan. The final development plan shall be prepared in the same manner and include the same type of information as the preliminary development plan (updated to show final sizes, dimensions and arrangement) with the following additions:
1.
Contour lines shall show finished grading only;
2.
The landscaping plan shall show the size and type of each tree, shrub and ground cover; and
3.
Drawings showing the size, appearance and method of illumination for each sign.
The final development plan shall substantially conform to the approved preliminary plan, shall be in final form for the issuance of a building permit, shall have been previously reviewed by the appropriate City staff and shall include a construction schedule. A final approval by the Governing Body shall authorize construction to begin according to the construction schedule providing all appropriate permits have been received. Construction of at least the first (1st) stage of development shall begin within three (3) years from the date the ordinance of the zoning change was published in the newspaper. If construction does not begin within this period and no effort is made for an extension of time by the owner, the final development plan shall be voided. |
K.
Building Permits. On final approval by the Governing Body, the owner shall provide five (5) copies of the approved final development plan to the City. The Zoning Officer or his/her designee shall issue building permits only in accordance with the approved final development plan.
L.
Amendments. If any substantial variation or rearrangement of structures, parking area and drives, entrances, heights or open spaces is requested by the applicant, the applicant shall proceed by following the same procedure previously followed and outlined in the preliminary development plan.
M.
Open Space. The Planning Commission may require the provision of open space to buffer dissimilar uses; to protect environmentally sensitive areas; or to counterbalance any reduction in lot area, yard size or bulk limitations.
1.
Open space requirements. If the Planning Commission requires open space, the City and the applicant shall enter into an agreement providing for the establishment of an agency to maintain the open space. Such agreement shall include provision for default, cure by the City and enforcement.
2.
Disposition of open space. The agency established in the preceding Subsection shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the City.
The development plan process shall be required prior to any rezoning or issuance of a building permit for other than a single-family dwelling.
N.
Time Limit. A site plan approval for a "P-D" District shall expire automatically unless a building permit is taken within twelve (12) months after the approved date for commencement to effectuate such site plan.