(a)

For the purposes of this chapter, the city is hereby divided into ten zoning districts to be known as follows:

(1)

District A, agricultural district.

(2)

District RS, single-family residential district.

(3)

District RD, two-family residential district.

(4)

District RA, multiple-family residential district.

(5)

District RM-1, rental mobile/manufactured home residential district.

(6)

District RM-2, ownership mobile/manufactured residential district.

(7)

District C-1, office commercial district.

(8)

District C-2, merchant commercial district.

(9)

District C-3, general commercial district.

(10)

District I, light industrial district.

(b)

The single-family residential district is the most restrictive district. The light industrial district is the least restrictive district.

(Prior Code, § 42.100; Ord. No. 2671, § 1(42.100), 5-24-2018)

(a)

The boundaries of the districts as enumerated in section 48-31 are shown upon the map designated as the city zoning district map. The city zoning district map and all notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein. The original of the district map is properly attested and is on file with the city clerk of the city.

(b)

Whenever any street, alley, or other public way is vacated by official action, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(c)

All territory which may hereafter be annexed in to the city shall automatically be placed in the A, agricultural district, unless the applicant requesting such annexation shall include, as part of his annexation petition, a request for the property to be zoned alternatively. Should such an alternative zone request be made, the board of aldermen shall have the authority, upon the majority vote thereof, to approve such requested zoning as part of the annexation process.

(d)

Where uncertainty exists as to the boundaries of the districts as shown on the city district zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center line of streets, highways, alleys, or other public rights-of-way shall be construed to be the boundary.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed to be the boundary.

(3)

The location of boundaries that divide a lot or parcel of property, shall be determined using the scale appearing on such map.

(Prior Code, § 42.110; Ord. No. 1665, § 2, 5-25-2017; Ord. No. 2671, § 1(42.110), 5-24-2018)

This chapter, except for the agricultural and mobile and/or manufactured home districts, is expressly intended to be a progressive, or cumulative zoning scheme. Permitted uses in each zone are expressly intended to include those uses which are both permitted and conditionally permitted in the next least permissive zone, e.g., where district C-3 general commercial district zoning allows as permitted uses, "any use permitted in the C-2 district," this is to be interpreted as permitting those uses allowed both as permitted uses and conditional uses in the C-2 merchant commercial district as permitted uses in the C-3 general commercial district. This interpretation is in keeping with the legislative intent of the drafters of this Code and is intended to be least restrictive upon the rights of the property owner to use his land as he wishes. Certain specific exceptions to this general rule of progressive zoning are set forth herein.

(Prior Code, § 42.200; Ord. No. 2671, § 1(42.200), 5-24-2018)

Except as hereinafter provided:

(1)

No building or land shall be used except for purposes permitted in the district in which the building or land is located.

(2)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the height, off-street parking, loading, and area regulations of the district in which the building is located.

(Prior Code, § 42.120(1), (2); Ord. No. 2671, § 1(42.120(1), (2)), 5-24-2018)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on a lot, except as otherwise provided in se chapter 42.

(Prior Code, § 42.120(4); Ord. No. 2671, § 1(42.120(4)), 5-24-2018)

Any uses not addressed are subject to review by the planning and zoning commission at regular monthly meeting.

(Prior Code, § 42.120(6); Ord. No. 2671, § 1(42.120(6)), 5-24-2018)

All inhabited mobile homes located in the city after the effective date of the ordinance from which this chapter is derived shall be placed in one of the mobile home residential districts as described in section 48-40 or in a nonconforming mobile home space as described in article VI of this chapter.

(Prior Code, § 42.120(5); Ord. No. 2671, § 1(42.120(5)), 5-24-2018)

The density and yard regulations of this chapter are minimum regulations for every building existing at the effective date of the ordinance from which this chapter is derived and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building.

(Prior Code, § 42.120(3); Ord. No. 2671, § 1(42.120(3)), 5-24-2018)

In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used.

(Prior Code, § 42.030; Ord. No. 2671, § 1(42.030), 5-24-2018)

The following provisions apply to mobile homes placed in the city not in an RM-1 or RM-2 zone:

(1)

All rules, regulations and provisions of this chapter shall apply.

(2)

Individual mobile homes located on an individual lot shall be permitted to remain in place so long as they are occupied, but they may not be replaced unless made to conform with the requirements of this Code. Any such existing mobile home shall be removed when unoccupied for a period of more than 30 days, per article VI of this chapter.

(3)

New double-wide mobile homes or modular homes may be placed on any lot, zoned R-S or R-D only, within the city, subject to the restrictions and regulations of this chapter. Single-wide mobile homes are prohibited, with the following exception: at the date of enactment of the ordinance from which this chapter is derived, an owner of real property zoned R-S or R-D who owns a single-wide mobile home placed on the real property shall be allowed to replace or repair, for any reason, his single-wide mobile home, so long as they maintain ownership of the real property and the single-wide mobile home. Upon the sale or transfer of the real property, the exception contained herein shall cease, and the new owner may not thereafter replace the single-wide mobile home on the real estate zoned R-S or R-D.

a.

The owner of the lot upon which the manufactured home or modular home is to be placed shall make application and obtain a building permit from the city.

b.

The manufactured home or modular to be placed on the individual lot must have been manufactured within two years prior to the date of placement of the same and must be a new (previously unowned) manufactured or modular home.

c.

Mobile homes shall be occupied only as single-family dwellings.

d.

Mobile homes shall be placed in conformance with all zoning and setback requirements established for the zone in which they are located.

e.

Mobile homes shall have a minimum width of not less than 24 feet.

f.

Roofs must be gable or hip roofs of at least three by 12 feet or greater and covered with material that is residential in appearance, including, but not limited to, approved wood, asphalt composition or fiberglass shingles. Except for permitted deck areas, all roof structures shall provide an eave projection of no less than six inches and no greater than 30 inches.

g.

Mobile homes shall be placed on a parcel according to a pre-submitted and approved plot plan as described on the permit. In addition, an illustration of the finished appearance of the unit shall be provided.

h.

Mobile homes shall have exterior surface and window treatments that are architecturally compatible with those of the neighboring properties, excluding smooth, ribbed, or corrugated metal or plastic panels.

i.

Mobile homes shall have the exterior surface material attached in a horizontal pattern so that the home is architecturally compatible with those of the neighboring properties.

j.

Matching exterior surface materials shall be constructed and applied so that the exterior surface extends in a continuous nature from the roof line to a point not greater than eight inches above the surface level of the yard on all sides of the unit. No under skirting will be permitted.

k.

The unit must be permanently installed on a properly designed, continuous, permanent foundation system in accordance with the current adopted building code, and the manner of placement shall be as stated on the building permit and meet all manufacturer's specifications for support. The foundation must be continuous and permanent and shall be placed on appropriate footings to comply with normal construction standards for erection of foundations. The foundation shall extend at all points to the outer edges of the unit.

l.

Pier pads are not permitted.

m.

All footings shall have reinforced steel.

n.

Anchors shall be imbedded in the footing or foundation to HUD, PSC or manufacturer's specifications.

o.

A vapor barrier shall be in place in accordance with the current adopted building code.

p.

Mobile homes shall have the tongue, all wheels, springs, axles, lights and towing apparatus and running gear removed.

q.

The porch and steps must be of a permanent nature attached and affixed to the ground and the unit so that the same are architecturally compatible with those of the neighboring properties within 90 days of occupancy.

r.

Mobile homes shall be subject to inspection by the zoning inspector at any time during the construction, erection and placement process.

s.

Pre-owned mobile homes may be moved onto an individual lot only in an existing mobile home park.

(Prior Code, § 42.400; Ord. No. 2671, § 1(42.400), 5-24-2018)

(a)

Definitions.

City means the City of Holts Summit, Missouri.

Cultivation facility means a facility licensed to acquire, cultivate, process, store, transport and sell marijuana to other medical marijuana facilities. Three types of facilities:

(1)

Indoor facility. Maximum of 30,000 square feet of flowering plant canopy space per license;

(2)

Outdoor facility. Maximum of 2,800 flowering plants per license; and

(3)

Greenhouse facility. Maximum of 30,000 square feet of flowering plant canopy space per license.

Dispensary means a facility licensed to acquire, store, sell, transport, and deliver marijuana, marijuana infused products, and drug paraphernalia used to administer marijuana, which holds a permit issued by the department of health and senior services to dispense medical marijuana.

Infused products manufacturing means a facility licensed to acquire, store, manufacturer, and sell marijuana infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana infused products manufacturing facility.

License means a certification awarded by the department of health and senior services to a medical marijuana facility authorizing the licensee to lawfully conduct business pursuant to article XIV of the state constitution and department of health and senior services regulations.

Testing facility means a facility licensed by the department of health and senior services to acquire, test, certify, and transport marijuana.

(b)

Enforcement.

(1)

Marijuana dispensaries, cultivation, infused products manufacturing, and testing facilities may not be originally located within 1,000 feet of a primary or secondary school, day care facility, or church as defined by the department of health and senior services. All measurements shall comply with 19 CSR 30-95.040(4)(B) and (C).

(2)

Marijuana dispensaries, cultivation, infused products manufacturing and testing facilities shall be classified as industry and as such be allowed in I, light industrial district as established by the board of aldermen and shall conform to all regulations set forth for this district along with any other regulations adopted by the city. Should any state regulations be stricter than those imposed by the city, the stricter regulation shall apply.

(3)

Marijuana cultivation infused products manufacturing and testing facilities shall have a fence surrounding their property of not less than eight feet in height constructed with industry standard materials.

(4)

All marijuana dispensaries, cultivation, infused products manufacturing, and testing facilities awarded a license by the department of health and senior services must also obtain a city business license to operate in the city.

(5)

All city subdivisions, land development, and storm water ordinances shall be adhered to.

(6)

Marijuana dispensaries, cultivation, infused products manufacturing, and testing facilities shall abide by all laws set forth by this section, including any agency acting for/under the direction of the above-names entities.

(7)

Marijuana greenhouse used for cultivation shall have a liner and a water return system installed in order to avoid contamination of the soil and water table.

(8)

Outside lighting must be directed away from adjacent properties.

(9)

No odors, fumes, smoke, dust, or any noxious pollutants shall be discharged from cultivation, infused products manufacturing and testing facilities that exceed federal regulations.

(10)

There shall be no storage of any form of marijuana or its by-products outside the facility.

(11)

Marijuana dispensaries shall not be open for business prior to 7:00 a.m., and shall close each day by no later than 8:00 p.m.

Violations of any of the terms and regulations herein may result in the city revoking or suspending the business license for the offending business until all such violations are cured. In addition, a fine of up to $500.00 per violation may be levied against such business. Each day that a violation occurs shall be deemed to be a separate violation for the purposes of this section.

(Ord. No. 2728, §§ 1, 2, 10-8-2019; Ord. No. 2732, §§ 1, 2, 11-12-2019; Ord. No. 2818, § 6(Exh. C), 6-13-2023)

Editor's note— Ord. No. 2818, § 6(Exh. C), adopted June 13, 2023, amended the title of § 48-41 by removing "medical."

The A district is intended to provide a location for the land situated on the fringe of the urban area, within the city limits, that is used for certain agricultural purposes.

(Prior Code, § 42.210(intro.); Ord. No. 2671, § 1(42.210(intro.)), 5-24-2018)

The following uses are permitted in the A district:

(1)

Any use permitted in the RS district, subject to the provisions of article 4, section A, subsection 1, of Ordinance 45 of the city, except to the extent such use would conflict with this chapter.

(2)

Agricultural activity; farming, dairy farming, poultry raising, livestock, pasturing of livestock, game birds, and all uses commonly classed as agricultural, provided that any building, structure, or yard for the raising, feeding, pasturing, housing, or sale of any livestock or poultry shall be located at least 25 feet from a residential district, and further provided that there shall be no stock piles of garbage, rubbish, or offal, within 500 feet of a residential district, and further provided that no swine shall be kept, housed or raised.

(3)

Greenhouse or roadside stands for the sale or display of agricultural products raised on the premises. The greenhouse must not exceed, in floor area, 25 percent of the ground floor area of the main building.

(4)

Fish hatcheries, apiaries, and aviaries.

(5)

Fur farming, except skunks and civet cats.

(6)

Accessory uses, including repair shops, sheds, barns, silos, bunk houses, irrigation wells and pumps, incidental dwellings, buildings, and structures customarily required for any of the above uses.

(Prior Code, § 42.210(1); Ord. No. 2671, § 1(42.210(1)), 5-24-2018)

There are no conditional uses for this district.

(Prior Code, § 42.210(2); Ord. No. 2671, § 1(42.210(2)), 5-24-2018)

The RS district is intended and designed to provide for low-density residential development. This district is designed to protect residential areas now developed with single-family detached dwellings and adjoining vacant areas likely to be developed for such purposes. The regulations are designed to stabilize such areas and to promote a suitable environment for family life.

(Prior Code, § 42.220(intro.); Ord. No. 2671, § 1(42.220(intro.)), 5-24-2018)

The following uses are permitted in the RS district:

(1)

One-family detached dwellings.

(2)

Customary accessory buildings, including private garages, carports, pergolas, swimming pools, fireplaces, and similar accessory uses.

(3)

Public, private, and parochial schools.

(4)

Public buildings erected by any public agency, except those buildings used primarily for maintenance and storage purposes.

(5)

Electric substations, public utility pumping stations, water and sewage treatment facilities, water storage facilities, and devices for the metering of electrical, gas, or water services to dwellings.

(6)

Public parks, playgrounds, community centers, and athletic fields.

(7)

Churches or other places of worship, including religious education buildings or other associated structures. Church signs shall be a permitted use, except that no flashing beacon signs shall be permitted.

(8)

Agricultural uses, not including commercial nurseries and commercial greenhouses, but including truck gardening, provided that no offensive odors or dust are created, and no livestock is contained within 25 feet of a property line, and provided further that gross retail sales of more than $5,000.00 per year not be permitted on the premises. Neither commercial feed lots nor kennels shall be permitted in this district. There shall be no stock piles of garbage, rubbish, or offal within 500 feet of a residential zone.

(9)

Temporary buildings to house offices, equipment storage, or other functions incidental to construction and development activities, provided that such buildings shall be removed within 12 months from date of permit for their erection. A temporary building permit will be issued without charge by the zoning inspector upon application.

(10)

Custom home occupations, provided that there shall be no external evidence of such occupations.

(11)

Greenhouses.

(12)

Nurseries.

(13)

Sub-grade, energy-efficient dwellings.

(14)

Daycare facilities.

(15)

Structures designed and intended for operation of community emergency services for the storage of response vehicles such as firefighting, rescue, and ambulance services and equipment.

(16)

Manufactured homes subject to the restrictions of section 48-40.

(Prior Code, § 42.220(1); Ord. No. 2671, § 1(42.220(1)), 5-24-2018)

A new cemetery on a site of not less than 20 acres or enlargement of an existing cemetery is permitted as a conditional use in this district.

(Prior Code, § 42.220(2); Ord. No. 2671, § 1(42.220(2)), 5-24-2018)

The RD district is designed to allow higher density residential development while retaining the residential character and stability necessary for a suitable environment for family life. For these reasons, the regulations set forth in this division shall apply.

(Prior Code, § 42.230(intro.); Ord. No. 2671, § 1(42.230(intro.)), 5-24-2018)

The following uses are permitted in the RD district:

(1)

Any use permitted in the RS District.

(2)

Two-family dwellings.

(Prior Code, § 42.230(1); Ord. No. 2671, § 1(42.230(1)), 5-24-2018)

The following are conditional uses in the RD district:

(1)

Parking located within 300 feet of a C or I district.

(2)

Privately operated lakes, swimming pools or tennis courts of sites of not less than five acres.

(3)

Private clubs, fraternities, sororities or lodges, except when the chief activity of which is a service customarily carried on as a business.

(4)

The following uses apply on sites of not less than five acres, provided not more than 50 percent of the site area shall be occupied by building, and, further, if buildings shall be set back from all required yard lines, an additional foot for every foot of building height:

a.

Hospitals or sanitariums, except not a criminal or animal hospitals.

b.

Institutions, not-for-profit institutions, and institutions supported by charities and having interest only in the welfare of humanity, but not penal or mental institutions.

c.

Nursing, rest, or convalescent homes.

d.

Group homes for disabled persons, meeting the following criteria:

1.

Not more than eight special needs or physically disabled persons, plus not more than two additional persons acting as house parents or guardians shall reside in the group home.

2.

The exterior appearance of the group home and property shall reasonably conform to exterior appearances of other dwellings in the immediate vicinity.

3.

A group home shall not be located closer than 400 feet to any other group home.

4.

Private recreational facilities where buildings do not occupy more than ten percent of the site area.

5.

Church parking lots when not on the same property as the church building under the following conditions:

(i)

The required yard setbacks of the district in which the lot is located shall be followed.

(ii)

The parking area shall not extend a greater distance than 500 feet from the lot upon which the church is located.

(iii)

If lighting is provided for such parking area, such lighting shall be hooded to contain direct rays within the parking area.

(iv)

The parking lot drainage shall be approved by the stormwater engineer and the planning and zoning commission.

(v)

The parking lot shall be screened from any lots zoned RS and RD by fencing, planting screens or earthen berms appropriately landscaped.

(vi)

The parking area shall be improved in accordance with the paving and landscaping requirements of this chapter.

(vii)

The lot shall be used only for the parking of passenger vehicles.

6.

Residential care facilities.

(Prior Code, § 42.230(2); Ord. No. 2671, § 1(42.230(2)), 5-24-2018)

The RA multiple-family residential district is designed to allow a high-density residential development designed specifically for apartments and dwellings in groups.

(Prior Code, § 42.240(intro.); Ord. No. 2671, § 1(42.240(intro.)), 5-24-2018)

The following uses are permitted in the RA district:

(1)

Apartment houses;

(2)

Boardinghouses, but not hotels or motels;

(3)

Nursing homes and homes for the aged;

(4)

Clubs, lodges, and meeting places for other organizations;

(5)

Recreational facilities for use solely by persons residing in the residences described in subsections (1) through (4) of this section;

(6)

Condominiums;

(7)

Residential care facilities; and

(8)

Single-family residences shall not be allowed in RA zoning.

(Prior Code, § 42.240(1); Ord. No. 2671, § 1(42.240(1)), 5-24-2018)

The following are conditional uses in the RA district:

(1)

Any conditional use of the RD district;

(2)

Medical clinics;

(3)

Professional and business offices in which no activity is carried on catering to retail trade with the public and no stock of goods is maintained for sale to customers. These shall include, but not be limited to, offices for governmental agencies, lawyers, doctors, insurance, real estate, architects and engineers;

(4)

Bed and breakfast inns, subject to the following criteria:

a.

That not more than five guest rooms shall be allowed;

b.

That, in addition to meeting all parking requirements of this chapter, there shall be one off-street parking space provided for each guest room;

c.

That there shall be no individual room cooking facilities used for the bed and breakfast stay;

d.

That the establishment shall be owner-occupied and managed;

e.

That the establishment shall comply with all applicable city codes and may be inspected for such compliance by the zoning inspector or his designee, prior to an occupancy permit being issued; and

f.

That meals shall be served only to residents and overnight guests.

(Prior Code, § 42.240(2); Ord. No. 2671, § 1(42.240(2)), 5-24-2018)

The C-1 district is designed to provide commercial space for recreational and business purposes of a service nature.

(Prior Code, § 42.250(intro.); Ord. No. 2671, § 1(42.250(intro.)), 5-24-2018)

The following uses are permitted in the C-1 district:

(1)

Any use permitted in the RA district;

(2)

Medical and dental offices and clinics;

(3)

Parking structures and lots;

(4)

Professional offices and offices of financial, insurance, real estate, and philanthropic organizations;

(5)

Veterinarians and animal hospitals; provided all animals are housed in an enclosed building;

(6)

Banks and savings and loan companies;

(7)

Barber and beauty shops;

(8)

Funeral homes and mortuaries;

(9)

Tattoo establishments;

(10)

Psychic establishments;

(11)

Bed and breakfasts; and

(12)

Any other use which is determined by the commission to be of the same general character as the above permitted uses, but not including any use which is permitted in the C-2 merchant commercial district.

(Prior Code, § 42.250(1); Ord. No. 2671, § 1(42.250(1)), 5-24-2018; Ord. No. 2850, § 1, 4-9-2024)

The following are conditional uses in the C-1 district:

(1)

Restaurant eat-ins;

(2)

Bakeries whose products are sold as retail on the premises; and

(3)

Drug stores.

(Prior Code, § 42.250(2); Ord. No. 2671, § 1(42.250(2)), 5-24-2018)

The C-2 district is designed to provide a space for commercial purposes, such as those associated with sale or rental of goods, with a minimum of adverse effects on surrounding property.

(Prior Code, § 42.250(intro.); Ord. No. 2671, § 1(42.260(intro.)), 5-24-2018)

The following uses are permitted in the C-2 district:

(1)

Any use permitted in the C-1 office commercial district;

(2)

Appliance stores;

(3)

Automotive parts sales establishments;

(4)

Bakeries whose products are sold as retail on the premises;

(5)

Clothing or wearing apparel shops;

(6)

Drug stores;

(7)

Flea market;

(8)

Frozen food lockers;

(9)

Gift, florist, music, and pet stores;

(10)

Grocery stores and supermarkets;

(11)

Laundry and dry-cleaning establishments;

(12)

Miscellaneous trades and businesses, such as plumbing and heating, upholstering, sheet metal shops, and sign paid shops;

(13)

Paint stores;

(14)

Printing, publishing, and related trades;

(15)

Restaurant eat-ins;

(16)

Shoe repair shops;

(17)

Stores or shops for the conducting of a convenience-type retail business;

(18)

Accessory buildings incidental to retail stores and service establishments located on same property as the business or main building;

(19)

Public swimming pools;

(20)

Any other use which is determined by the commission to be the same general character as the above permitted uses, but not including any use which is permitted in the C-3 general commercial; and

(Prior Code, § 42.250(1); Ord. No. 2671, § 1(42.260(1)), 5-24-2018; Ord. No. 2850, § 1, 4-9-2024)

The following are conditional uses in the C-2 district:

(1)

Drive-in restaurants, drive-through restaurants, and restaurants with drive-through windows;

(2)

Commercial nurseries;

(3)

Auto car washes;

(4)

Amusement centers; and

(5)

Commercial greenhouses.

(Prior Code, § 42.250(2); Ord. No. 2671, § 1(42.260(2)), 5-24-2018)

The C-3 district is designed to provide commercial space for business and commercial users which are appropriately located on or near major traffic arteries.

(Prior Code, § 42.270(intro.); Ord. No. 2671, § 1(42.270(intro.)), 5-24-2018)

The following uses are permitted in the C-3 district:

(1)

Any use permitted in the C-2 district;

(2)

Amusement centers;

(3)

Auto body shops;

(4)

Automotive car wash establishments;

(5)

Automotive sales and service establishments;

(6)

Boat sales and repair;

(7)

Bus terminal facilities;

(8)

Drive-in restaurants, drive-through restaurants, and restaurants with drive-through windows;

(9)

Farm feed and supply stores;

(10)

Gasoline service stations, including those where repair work is a part of the business;

(11)

Motels and hotels;

(12)

New car sales lots;

(13)

Used car sales lots when the number of vehicles offered for sale does not exceed one vehicle for every 350 square feet of sales lot area. No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise shall allow any partially dismantled, wrecked, junked, discarded or otherwise non-operating motor vehicle to remain on such property for longer time than 48 hours. For definitions pertaining to this subsection, see chapter 28, pertaining to nuisances;

(14)

Sales lots for new and used mobile and/or manufactured homes;

(15)

Commercial greenhouses or commercial nurseries;

(16)

Taverns;

(17)

Pawn shops;

(18)

Adult businesses and adult entertainment businesses;

(19)

Mini-storage facilities; provided that, where the site is adjacent to residentially zoned land, a privacy fence is required as specified by the planning and zoning inspector and building heights are limited to 16 feet, unless a proper variance is obtained;

(20)

Roller skating rinks, ice skating rinks, recreational lakes, gymnasiums, health clubs, bowling alleys, and miniature golf courses;

(21)

Any other use which is determined by the commission to be of the same general character as the above permitted uses, but not including any use which is permitted in the I light industrial district; and

(22)

Single-family and two-family residences shall not be allowed in C-3 zoning. C-3 general commercial shall be grandfathered for three years from the date of enactment of the ordinance from which this chapter is derived and shall be allowed to construct single- and two-family residences within the zoning. At the end of the three-year period, the prohibition on single and two-family residences being built in C-3 shall go into effect.

(Prior Code, § 42.270(1); Ord. No. 2671, § 1(42.270(1)), 5-24-2018)

The following are conditional uses in the C-3 district:

(1)

Drive-in theaters;

(2)

Manufacturing and maintenance of electric and neon signs, billboards, commercial advertising structures, and light sheet metal products, including hearing ventilating ducts and equipment, cornices, caves and similar products;

(3)

Manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, roofing, paper, toiletries, and food products, except the following: fish products, sauerkraut, vinegar, yeast, dairy products, and the rendering or refining of fats and oils;

(4)

Manufacture or assembly of medical and dental equipment, drafting and optical instruments, watches, clocks, toys, musical instruments, novelties, metal stamps, and electrical or electronic apparatus;

(5)

Manufacturing of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

(6)

Stone and monuments work;

(7)

Welding and machine shops;

(8)

Contractors' yards, building material yards, and equipment storage lots;

(9)

Driving ranges, amusement parks, indoor firing ranges, and race tracks.

(Prior Code, § 42.270(2); Ord. No. 2671, § 1(42.270(2)), 5-24-2018)

The I light industrial district is intended to provide sites for heavy commercial and light industrial activities requiring some heavy machinery, which, under control, would minimize the effect on nearby residential districts.

(Prior Code, § 42.280(intro.); Ord. No. 2671, § 1(42.280(intro.)), 5-24-2018)

The following uses are permitted in the I district:

(1)

Any use permitted in the C-3 district.

a.

Any use permitted in the C-3 district;

b.

Assembly of small component parts for farm implements, aircraft, automobiles, and trucks, such as generators and carburetors;

c.

Storage units;

d.

Bottling plants;

e.

Bulk station for propane and butane gas;

f.

Contractors' yards and related establishments, such as building material yards and equipment storage;

g.

Drive-in theaters;

h.

Farm implement sales and repair;

i.

Industrial research laboratories;

j.

Lumber yards, including millwork;

k.

Maintenance and repair of large, heavy-duty trucks;

l.

Commercial feed lots;

m.

Manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures, and light sheet metal products, including heating ventilating ducts and equipment, cornices, eaves, and similar products;

n.

Manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, perfumes, pharmaceuticals, roofing, paper, toiletries, and food products, except the following: fish products, sauerkraut, vinegar, yeast, dairy products, and the rendering or refining of fats and oils;

o.

Manufacture or assembly of medical and dental equipment, drafting and optical instruments, watches, clocks, toys, musical instruments, novelties, metal stamps, and electrical or electronic apparatus;

p.

Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

q.

Ready-mix concrete plants;

r.

Sandblasting or cutting;

s.

Sawmills, the manufacture of wood products and novelties;

t.

Kennels;

u.

Stone and monument works;

v.

Welding and machine shops;

w.

Driving ranges, indoor firing ranges, amusement parks, and race tracks;

x.

Warehouses;

y.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard;

z.

Veterinarians and animal hospitals;

aa.

Other uses which in the opinion of the commission are of similar character with respect to the emission of dangerous and offensive elements to the uses listed above; and

bb.

Single-family and two-family residences are not allowed in I light zoning.

(2)

The uses listed in subsection (1) of this section are permitted in the I light industrial district if the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke, or vibration.

(3)

More than one building may be constructed and maintained for any of the above uses.

(Prior Code, § 42.280(1), (2), (3); Ord. No. 2671, § 1(42.280(1), (2), (3)), 5-24-2018)

Any manufacturing or industrial use not included as a permissive use of the C-3 district is a conditional use in this district.

(Prior Code, § 42.280(4); Ord. No. 2671, § 1(42.280(4)), 5-24-2018)

A rental mobile and/or manufactured home district shall be for permitting the establishment of attractive and well located mobile and/or manufactured home courts in the city. The intent is to promote the development of sound and well planned mobile and/or manufactured home courts that will not cause a depreciation of adjacent property values, create congestion, overcrowding of the land, or in any other manner be contrary to the basic intent and purpose of this chapter.

(Prior Code, § 42.500(1)(a); Ord. No. 2671, § 1(42.500(1)(a)), 5-24-2018)

A rental mobile and/or manufactured home residential district shall have a minimum area of 25 acres and shall abut and have access to a public highway or street. A rental mobile and/or manufactured home residential district may be in any area or district in the city subject to rezoning and city approval of the final mobile and/or manufactured home residential plan. A rental mobile and/or manufactured home court is a permitted use on any land originally zoned to district RM-1, rental mobile and/or manufactured home residential district, subject to the provisions of section 48-312(a).

(Prior Code, § 42.500(1)(b); Ord. No. 2671, § 1(42.500(1)(b)), 5-24-2018)

The procedure for the rezoning of property to a rental mobile and/or manufactured home residential district shall be the same procedure as is required for rezoning of property as stated in article VIII, division 3 of this chapter. Prior to the rezoning and approval of the final mobile and/or manufactured home residential plan, the commission and the board of aldermen must find that the plan provides for meeting the minimum design standards in section 48-313.

(Prior Code, § 42.500(2); Ord. No. 2671, § 1(42.500(2)(a)), 5-24-2018)

(a)

A final mobile and/or manufactured home residential plan which meets or exceeds the design standards set forth in section 48-313 shall be submitted and become a part of the application for a building permit. Conformance with the final mobile and/or manufactured home residential plan shall be a condition of the permit.

(b)

The owner of the mobile and/or manufactured home park may submit a phase development plan for approval to the board of aldermen. After securing the approval of the board of aldermen, the owner of the mobile and/or manufactured home court may complete the

construction of one section of the mobile and/or manufactured home court and place mobile and/or manufactured homes in this completed section, provided that the construction is in accordance with the design standards and the approved phase development plan.

(Prior Code, § 42.500(3), (5); Ord. No. 2671, § 1(42.500(3), (5)), 5-24-2018)

(a)

Generally. Property to be zoned as RM-1 must meet the following minimum design standards:

(1)

Lot area. Each lot within the mobile and/or manufactured home court shall have a minimum area of 3,500 square feet.

(2)

Width of lot. Each lot within the mobile and/or manufactured home court shall have a minimum width of 40 feet.

(3)

Spacing of mobile and/or manufactured homes. There shall be a minimum distance of 25 feet between each mobile and/or manufactured home.

(4)

Front yard. No mobile and/or manufactured home shall be located closer than 30 feet to the public highway or street right-of-way line on which the mobile and/or manufactured home park abuts.

(5)

Parking space. Two paved off-street parking spaces shall be located on each mobile and/or manufactured home lot.

(6)

Interior streets. All interior streets conform to current city building codes for width and construction, to include, but not limited to, curbs, gutters, storm drains and sidewalks.

(7)

Sewer and water. All mobile and/or manufactured home units shall be connected to sewer and water systems which meet the current rules and regulations of the city and the state agencies having regulatory authority over water and sewer systems. The owner of the property shall, at the request of the commission, furnish a letter from the regulatory agency which states that the proposed system is in conformance with applicable regulations. Each lot shall be individually metered for sewer and water.

(8)

Fire hydrants. In every mobile and/or manufactured home park, the hydrants shall be in accordance with the current specifications of the National Board of Fire Underwriters. In no case shall any mobile and/or manufactured home be located further than 600 feet from a fire hydrant.

(9)

Recreation space. At least 350 square feet of recreation space for each mobile or manufactured home space shall be reserved within each mobile and/or manufactured home court as common recreation space for the residents of the mobile and/or manufactured court.

(10)

Storm shelters. FEMA-rated storm shelters shall be placed throughout the mobile home court so that no individuals are further than a five-minute walk therefrom.

(b)

Approval of residential plan; installation of streets, improvements. No mobile and/or manufactured home shall be placed in a mobile home court until the final mobile and/or manufactured home residential plan has been approved by the board of aldermen and until the streets and other physical improvements as shown on the final mobile and/or manufactured home residential plan have been installed.

(Prior Code, § 42.500(2); Ord. No. 2671, § 1(42.500(2)(a)1—10), 5-24-2018)

All uses and accessory uses permitted in the RS single-family residential district shall be permitted accessory uses in the RM-1 mobile and/or manufactured home residential district. In addition, the following accessory uses shall be permitted in the RM-1 district:

(1)

Central laundry and washroom facilities.

(2)

Mobile and/or manufactured home court office and maintenance buildings.

(Prior Code, § 42.500(4); Ord. No. 2671, § 1(42.500(4)), 5-24-2018)

(a)

There are no conditional uses allowed in an RM-1 district.

(b)

No single-family, two-family, or multifamily residential unit shall be allowed in an RM-1 zoning district.

(Prior Code, § 42.500(6); Ord. No. 2671, § 1(42.500(6)), 5-24-2018)

The purpose of the ownership mobile and/or manufactured home residential district is to give residents the opportunity to purchase lots and locate mobile and/or manufactured homes in subdivisions situated and designed specifically for mobile and/or manufactured home living.

(Prior Code, § 42.510(1); Ord. No. 2671, § 1(42.510(1)), 5-24-2018)

(a)

The sale of lots and the issuance of permits shall be in accordance with chapter 40, pertaining to subdivisions. The procedure and requirements for rezoning shall be in accordance with article VIII, division 3 of this chapter.

(b)

Lots may be sold, provided that the lots conveyed meet or exceed all the requirements specified for a lot located in the RD two-family residential district. A building permit may be issued, provided that all the yard and off-street parking requirements specified for a lot located in the RD two-family residential district are met.

(Prior Code, § 42.510(3), (4); Ord. No. 2671, § 1(42.510(3), (4)), 5-24-2018)

(a)

An ownership mobile and/or manufactured home residential district shall have a minimum area of 25 acres and shall abut and have access to a public highway or street.

(b)

The density, yard, and height requirements shall conform to the requirements of the RD two-family residential district as specified in article II, division 4 of this chapter.

(c)

All interior streets shall conform to current city building codes for width and construction, including curbs, gutters, storm drains and sidewalks.

(Prior Code, § 42.510(2)a; Ord. No. 2671, § 1(42.510(2)(a), (c)), 5-24-2018)

(a)

Permitted uses shall include mobile and/or manufactured homes and all accessory uses permitted in the RS single-family residential district.

(b)

Mobile homes shall only be allowed to be placed in RM-1 and RM-2 districts.

(Prior Code, § 42.510(2); Ord. No. 2671, § 1(42.510(2)(b), (6)), 5-24-2018)

No conditional uses are allowed in an RM-2 district.

(Prior Code, § 42.510(5); Ord. No. 2671, § 1(42.510(5)), 5-24-2018)

(a)

The purpose of the planned development district is to encourage the unified and harmonious improvement of land and buildings under a single plan of development. A planned development district is intended to provide the developer greater flexibility than existing zoning districts in the planning and development of projects while retaining city control over the development process. The planned district is not intended, nor does it, apply to residential uses or current areas zoned residential. Planned development district, are intended to facilitate the following development objectives:

(1)

Encourage a mixture of land uses compatible with the surrounding neighborhoods;

(2)

Promote flexibility by allowing the placement of more than one main or primary building on a single lot or parcel; and

(3)

Encourage large-scale and well-planned developments.

(b)

The PD designation is not intended to be attached to existing use districts as an overlay. The PD designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.

(Prior Code, §§ 42.300, 42.310(1); Ord. No. 2671, § 1(42.300), (42.310(1)), 5-24-2018)

It is the intent of this Code that no development or redevelopment of the property encompassed by the PD designation shall take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this section.

(Prior Code, § 42.310(2); Ord. No. 2671, § 1(42.310(2)), 5-24-2018)

All areas of the city designated PD shall be assigned one of the following district classifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this section:

(1)

Planned development-commercial (PDC): Planned developments involving commercial uses only;

(2)

Planned development-manufacturing (PDM): Planned developments involving manufacturing uses only; and

(3)

Mixed use development (MUD): Planned developments involving a mixture of non-residential uses.

(Prior Code, § 42.310(3); Ord. No. 2671, § 1(42.310(3)), 5-24-2018)

The minimum site size required for such a planned development shall be as follows:

(1)

Planned development commercial: 3½ acres.

(2)

Planned development manufacturing: Five acres.

(3)

Mixed use development: 7½ acres.

(Prior Code, § 42.320; Ord. No. 2671, § 1(42.320), 5-24-2018)

Unless otherwise restricted by the application of regulations in the Air Navigation and Space Standards, article 9, the total height of any structure shall be limited by the conditions in this Code as stated in section 48-400.

(Prior Code, § 42.330; Ord. No. 2671, § 1(42.330), 5-24-2018)

(a)

A planned development district may be initiated by an application by one or more of the owners of record or owners under contract of a lot or tract of land, or their authorized representatives.

(b)

Procedures for application, review, and approval of a planned development district shall be as stated in article VIII, division 3 of this chapter.

(c)

The preliminary development plan shall contain not less than the information required on a final plat in accordance with chapter 40, pertaining to subdivisions, and shall also include the following:

(1)

Existing and proposed contours at vertical intervals of not more than two feet referred to seal level datum. Floodplain and wetland areas shall be delineated;

(2)

Type, number, and general location of proposed lots or units, or maximum square footage of proposed buildings;

(3)

Approximate location of all isolated trees having a trunk diameter of six inches or more, all tree masses and proposed landscaping;

(4)

A minimum of two cross-section profiles through the site showing preliminary building form, existing natural grade and proposed final grade;

(5)

Proposed ingress and egress to the site, including adjacent streets;

(6)

The location and number of all parking and loading spaces;

(7)

Preliminary plan for provision of sanitation and drainage facilities;

(8)

Proposed source of potable water; and

(9)

Other detailed information and data as deemed necessary by the planning and zoning inspector or the planning and zoning commission.

(Prior Code, § 42.340; Ord. No. 2671, § 1(42.340), 5-24-2018)

Within 60 days of receipt of the planning and zoning inspector's report, the planning and zoning commission shall act on the planned development district. The planning and zoning commission action shall consist of one of the following:

(1)

Approval. The planning and zoning commission may recommend approval of the planned development district as submitted or with amendments. The planning and zoning inspector shall prepare the appropriate legislation for consideration by the board of aldermen, including all conditions of the planned development. In recommending approval of development conditions, the planning and zoning commission shall impose such conditions it determines necessary. The conditions shall include, but not be limited to, the following:

a.

Permitted uses, including number of units and/or maximum square footage of proposed building;

b.

Height limitations;

c.

Minimum yard requirements;

d.

Off-street parking and loading requirements;

e.

Road improvements adjacent to and within the site;

f.

Performance standards;

g.

Sign regulations;

h.

Minimum requirements for site plan; and

i.

Time limitations for commencement of construction. The commission, at its discretion, may request additional information at this step, depending on the scale of the development.

(2)

Denial. The planning and zoning commission may deny the planned development district for reasonable cause. The planning and zoning inspector shall prepare a report to the board of aldermen indicating the planning and zoning commission's decision. The developer may appeal the planning and zoning commission's denial in accordance with the provisions of article VIII, division 2, subdivision III of this chapter. If no appeal is filed as permitted within the period established, the application shall be deemed denied. In any case, the developer shall be notified in writing of the planning and zoning commission's action.

(Prior Code, § 42.350; Ord. No. 2671, § 1(42.350), 5-24-2018)

Upon passage by the board of aldermen of an ordinance enacting a planned development district and requiring submission of a concept plan and/or site plan, the plan shall be submitted in accordance with the following provisions; no building permits or authorization for improvement or development for any use authorized under provisions of this section shall be issued prior to approval of such plans:

(1)

Concept plan.

a.

A concept plan shall be submitted for the review and approval of the planning and zoning inspector in accordance with the conditions of the ordinance enacting the planned development district. The concept plan and any amended concept plan shall include, but not be limited to, the following:

1.

An out-boundary plat of the tract with a land surveyor's seal;

2.

Existing and proposed contours at vertical intervals of not more than two feet referenced to sea level datum. Floodplain and wetland areas shall be delineated;

3.

Location of existing structures and improvements on the effective date of the planned development district;

4.

Type, number, and general location of proposed lots of units, and/or maximum square footage of proposed buildings and other permanent structures;

5.

Specific structure and parking setbacks along all public roadways and property lines; and

6.

Approximate location of proposed internal roadways, major utility and roadway easements, necessary rights-of-way dedications, public right-of-way curb cuts, and major stormwater improvements.

b.

The approved plan shall be retained on file in the office of the city clerk.

(2)

Site improvement plans.

a.

Upon approval of a concept plan where required, the site improvement plans shall be submitted for review and approval to the planning and zoning commission. In the case of developments consisting of multiple phases, lots and/or plats where a concept plan is required, site/improvements plans shall be submitted for each individual building, lot, phase or plat representing a portion of the concept plan. The plan shall contain the minimum requirements established in the conditions governing the planned development district. No building permits or authorization for improvement or development for any use requested under the provisions of this planned development district shall be issued prior to approval of such plan. The approved plan shall be retained on file in the office of the city clerk.

b.

Site/improvement plans and installation or guarantee of improvements are not required for phases, lots and/or plats designated for future development, except that the city may require such improvements as are necessary to serve the area proposed for present development. Site/improvement plans for these improvements shall accompany or be a part of the plan submittal.

c.

If the planned development is proposed to be developed in phases, lots and/or plats, the planning and zoning inspector may require submittal of a development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin and an estimated time of completion; and

2.

The order in which the phases of the project will be built.

d.

The concept plan, updated to reflect all structures, units and/or maximum square footage of buildings constructed or approved for construction, shall be provided with the subsequent submittal of site/improvement plans for each additional building, lot, phase or plat representing a portion of the concept plan. The city shall use this plan to track existing site development, ensuring that the current proposal complies with the conditions of this chapter enacting the planned development district relating to maximum site densities. This plan is not intended to be approved or recorded and is for informational purposes only.

(Prior Code, § 42.360; Ord. No. 2671, § 1(42.360), 5-24-2018)

Prior to the issuance of any building permit or permit authorizing the use of the property in question, the property owner shall record a copy of the approved concept plan, and any subsequent amendments thereto, with the county recorder of deeds. In cases where a concept plan is not required, the property owner shall record a copy of the approved site plan. The plan shall include a legal description of the tract and a script which indicates its correlation with the planned development district. Following the recording of the site plan, two original copies of the plan bearing the county recorder's signature, seal, and notation as to plat book and page shall be returned to the city before any permits for any manner of construction shall be issued. Failure to record the plan within the time specified in the conditions of the ordinance enacting the planned development district shall cause approval of the plan to terminate.

(Prior Code, § 42.370; Ord. No. 2671, § 1(42.370), 5-24-2018)

To amend an existing planned development district or to amend the concept or site plan for the planned development district, the procedure shall be as follows:

(1)

To amend the planned development district.

a.

The property owner or authorized representative shall submit a written request to amend the planned development district to the planning and zoning commission. The planning and zoning commission shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b.

The planning and zoning commission shall review the proposed amendments and file a report with the board of aldermen in which the commission shall recommend granting, denying or modifying the requested amendments. If the planning and zoning commission determines that the requested amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the commission may require a new public hearing on the matter in accordance with the proceedings specified for amending this chapter.

(2)

To amend the planned development district concept or site plan.

a.

The property owner or authorized representative shall submit an amended concept and/or site plan to the office of the planning and zoning commission for review. The planning and zoning inspector shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.

b.

If the planning and zoning commission determines that the proposed amendment to the concept and/or site plan is not in conflict with the original proposal as advertised and the plan meets all the conditions of the planned development district, the planning and zoning commission shall recommend approval or denial of the changes to the board of aldermen, who shall make the final determination.

c.

If the planning and zoning commission determines that the proposed amendment to the concept and/or site plan is not consistent in purpose and content with the original proposal as advertised and with the conditions of the planned development district, the planning and zoning commission shall review the proposed plan amendment and make a final determination. The planning and zoning commission may, if it deems necessary, require a new public hearing on the matter in accordance with procedures specified for amending the zoning ordinances. The planning and zoning commission shall recommend approval or denial of the changes to the board of aldermen, who shall make the final determination.

(Prior Code, § 42.380; Ord. No. 2671, § 1(42.380), 5-24-2018)

Unless otherwise stated in the development conditions, substantial work or construction shall commence within two years of the effective date of the planned development district, unless such time is extended through appeal to and approval by the planning and zoning commission. If no extension of time is received or granted within six months after the two-year period following the effective date of the planned development district, the planning and zoning commission shall review any changes in the zoning district map brought by the commission and shall recommend to the board of aldermen that the map be revised in accordance with the procedures for changes and amendments. As used in this section, the term "substantial work or construction" includes final grading for roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary and storm sewers, as applicable.

(Prior Code, § 42.390(1); Ord. No. 2671, § 1(42.390(1)), 5-24-2018)

In the event the concept or site/improvement plans are not submitted within the time limits specified in the ordinance enacting the planned development district or a use authorized by a planned development district is abandoned, vacated and/or not utilized for a period of two years, the zoning amendment may be terminated. If no extension of time is received or granted within six months after the expiration of the two-year period, the planning and zoning commission shall review any changes in the zoning district map brought by the proposed development. If the commission finds the changes to be inappropriate, the commission shall recommend to the board of aldermen that the map be revised in accordance with the procedures for changes and amendments.

(Prior Code, § 42.390(2); Ord. No. 2671, § 1(42.390(2)), 5-24-2018)

The owner may, at any time, apply to the planning and zoning commission for an extension of the development schedule. Such extension shall be acted upon by the planning and zoning commission; however, the extension shall not exceed 12 months in duration.

(Prior Code, § 42.395; Ord. No. 2671, § 1(42.395), 5-24-2018)