14-300-01-A.

List. The city's residential zoning districts are listed below. When this development ordinance refers to "residential" zoning districts or "R" districts, it is referring to these districts.

(Ord. No. 17496; Ord. No. 17534)

14-300-01-B.

Names. The R district names and map symbols are intended to provide a general indication of what is allowed in the district, with the "R" denoting the residential orientation of the district and the numeral providing a general indication of the maximum allowable density, expressed in terms of the approximate number of dwelling units allowed per acre of land area. The R-12 district, for example, is a short-hand reference to a residential district that generally allows a maximum of 12 dwelling units per acre.

Independence's residential (R) zoning districts are intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain the desired physical character of existing neighborhoods and developing areas. While the districts primarily accommodate residential use types, some nonresidential use types are also allowed.

14-300-03-A.

Use Table. Uses are allowed in R zoning districts in accordance with Table 300-1, below.

14-300-03-B.

Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 300-1 lists the groups, categories and types allowed in one or more R districts.

14-300-03-C.

Permitted Uses. Uses identified with a "P" in Table 300-1 are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance.

14-300-03-D.

Permitted Uses with Minimum Use Standards.Uses identified with a "C" in Table 300-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of the Table, and all other applicable standards of this development ordinance.

14-300-03-E.

Special Uses. Uses identified with an "S" in Table 300-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704.

14-300-03-F.

Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited.

14-300-03-G.

Use Standards. The "use standards" column of Table 300-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited.

(Ord. No. 17446; Ord. No. 17496; Ord. No. 17534; Ord. No. 17642; Ord. No. 17727; Ord. No. 17843; Ord. No. 18636; Ord. No. 18790; Ord. No. 19412, § 3, 2-6-2023; Ord. No. 19418, § 2, 3-6-2023; Ord. No. 19504, § 1, 11-20-2023)

Different development options are offered in the R districts as a way of promoting a wide variety of housing options and lifestyle choices. The development options described in this section may be used at the property owner's election.

14-300-04-A.

Conventional Development. "Conventional development" is a term used to describe lot-by-lot development on lots that have been lawfully established. It is, in effect, any development that occurs outside of an approved open space development, conservation development or master planned development. Lot and building standards for conventional development can be found in Section 14-300-05-A (Table 300-2).

14-300-04-B.

Open Space Development. The open space development option allows smaller lots and other flexible lot and building standards in exchange for the provision of common open space that is not typically provided in a conventional development. Lot and building standards for open space development can be found in Section 14-300-05-A (Table 300-2). Additional open space development standards are included in Section 14-609.

14-300-04-C.

Conservation Development. The conservation development option allows even greater flexibility in exchange for the provisions of a greater amount of common open space than required for open space developments. Lot and building standards for conservation development can be found in Section 14-300-05-A (Table 300-2). Additional conservation development standards are included in Section 14-609.

14-300-04-D.

Planned Unit Development. The planned unit development (PUD) designation is required for all R-18 and R-30 Districts. The planned unit development (PUD) option is available for all other Districts to accommodate new mixed-use communities, innovative development proposals or unique site conditions that cannot be readily addressed by other available development options. The flexibility inherent in the planned unit development plan option is intended to be granted only in exchange for development projects that contain amenities, design features and/or environmental design that do not typically occur through other development options. Planned unit development regulations are included in Article 14-902.

(Ord. No. 17534)

14-300-05-A.

General

1.

This section establishes basic lot and building standards for all development in R districts. The standards that apply vary on the basis of zoning, building type and development type.

2.

All residential and nonresidential development in R districts must comply with the lot and building standards of Table 300-2, except as otherwise expressly provided in this ordinance.

3.

Rules for measuring compliance with the lot and building standards established in Table 300-2 and applicable exceptions to the standards can be found in Article 14-202.

Notes to Table 300-2:

[1]

The minimum lot area per unit for elderly housing developments in the R-30 districts is 800 square feet.

[2]

Street-facing (front-entry) garages must be set back at least 25 feet from exterior lot lines except for lot lines abutting an alley.

[3]

Additional building height is permitted in R-18 and R-30 districts if interior side and interior rear setbacks abutting R-zoned lots are increased at least one foot for each one foot of building height in excess of 35 feet. On lots that do not abut R-zoned lots, buildings may be increased in height if interior side and interior rear setbacks are increased at least one foot for each three feet of building height in excess of 35 feet.

(Ord. No. 17642; Ord. No. 17782)

Uses and development in R districts are subject to other standards including the following:

14-300-06-A.

Parking, Loading and Vehicle/Equipment Storage. (See Article 14-501).

14-300-06-B.

Landscaping and Screening. (See Article 14-503).

14-300-06-C.

Signs. (See Article 14-504).

14-300-06-D.

Accessory Uses and Structures (including Fences). (See Article 14-400).

14-300-06-E.

Flag Lots. No flag lots may be created in any residential zoning districts. No building permit may be issued for a building on a flag lot in an R-1, R-2, R-4, R-6 or R-12 district, only R-A zoned lots.

14-300-06-F.

Sidewalks

1.

Sidewalks are required for all residential developments as follows:

(a)

Sidewalks are required on both sides of the street in R-12, R-18 and R-30 districts and in PUDs or phases of PUDs with densities equivalent to such districts.

(b)

Sidewalks are required on both sides of collector and higher classification streets.

(c)

Sidewalks are required on one side of the street in all other cases in R districts (other than specified in (a) and (b) above).

2.

Required sidewalks must be installed in the public right-of-way in accordance with the Design and Construction Manual.

14-300-06-G.

Building Separation. The minimum separation between principal buildings on a single lot is 10 feet.

(Ord. No. 19485, § 1, 9-18-2023)

14-301-01-A.

List. The city's office and commercial zoning districts are listed below. When this development ordinance refers to "office" zoning districts or "O" districts it is referring to the O-1 and O-2 districts. When it refers to "commercial" zoning districts or "C" districts, it is referring to the C-1, C-2 and C-3 districts.

14-301-01-B.

Names. The district naming convention is intended to provide a general indication of the relative intensity of the districts, with the C-3 representing a more permissive/intensive district than O-1, O-2, C-1 or C-2.

14-301-02-A.

O-1 District. The O-1 district is primarily intended to accommodate low-intensity office uses and buildings containing a mix of office uses and residential uses.

14-301-02-B.

O-2 District. The O-2 district is primarily intended to accommodate moderate- to high-intensity office uses.

14-301-02-C.

C-1 District. The C-1 district is primarily intended to accommodate neighborhood-serving retail sales and service uses, as well as vertical mixed-use buildings with retail sales and service uses on the ground floor and residential uses on upper floors.

14-301-02-D.

C-2 District. The C-2 district is primarily intended to accommodate community- and region-serving retail sales and service uses.

14-301-02-E.

C-3 District. The C-3 district is intended to accommodate "heavier" commercial activities and limited warehousing and manufacturing operations that are typically not found in or compatible with mixed-use or neighborhood-oriented environments.

14-301-03-A.

Use Table. Uses are allowed in O and C zoning districts in accordance with Table 301-1, below.

14-301-03-B.

Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 301-1 lists the groups, categories and types allowed in one or more O/C districts.

14-301-03-C.

Permitted Uses. Uses identified with a "P" in Table 301-1 are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance.

14-301-03-D.

Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 301-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of the Table, and all other applicable standards of this development ordinance.

14-301-03-E.

Special Uses. Uses identified with an "S" in Table 301-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704.

14-301-03-F.

Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited.

14-301-03-G.

Use Standards. The "use standards" column of Table 301-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited.

Notes to Table 301-1:

[1]

Outdoor animal confinement areas within 200 feet of R zoning districts require a Special Use Permit.

(Ord. No. 17446; Ord. No. 17496; Ord. No. 17534; Ord. No. 17713; Ord. No. 17727; Ord. No. 17782; Ord. No. 17942; Ord. No. 17988; Ord. No. 18055; Ord. No. 18261; Ord. No. 18286; Ord. No. 18571; Ord. No. 18636; Ord. No. 18790; Ord. No. 18941; Ord. No. 19023; Ord. No. 19089; Ord. No. 19358, § 3, 8-1-2022; Ord. No. 19412, § 4, 2-6-2023; Ord. No. 19418, § 3, 3-6-2023; Ord. No. 19430, § 2, 4-17-2023; Ord. No. 19477, § 1, 9-5-2023; Ord. No. 19499, § 2, 11-6-2023; Ord. No. 19504, § 2, 11-20-2023; Ord. No. 19587, § 6, 8-19-2024; Ord. No. 19588, § 1, 8-19-2024; Ord. No. 19680 meeting, § 2, 6-2-2025)

All residential and nonresidential development in O and C districts must comply with the lot and building standards of Table 301-2, except as otherwise expressly provided. Rules for measuring compliance with the lot and building standards established in Table 301-2 and applicable exceptions to the standards can be found in Article 14-202

Notes to Table 301-2:

[1]

When an O- or C-zoned lot abuts an R-zoned lot with frontage on the same street, the setback on the O- or C-zoned lot must match the actual exterior setback that exists on the abutting R-zoned lot, or if no building exists on the abutting R-zoned lot, the O- or C-zoned lot must provide the minimum exterior setback that applies to the abutting R-zoned lot.

[2]

Interior setbacks are required only when an O- or C-zoned lot abuts R-zoned lots. In such cases, the O- or C-zoned lot must provide the same setback as required for the abutting R-zoned lot.

[3]

Additional building height is permitted in O-2, C-2 and C-3 districts if interior setbacks abutting R-zoned lots are increased at least one foot for each one foot of building height in excess of the stated maximum height. On lots that do not abut R-zoned lots, buildings may be increased in height if interior side and interior rear setbacks are increased at least one foot for each three feet of building height in excess of 35 feet.

14-301-05-A.

O-1 District. Commercial establishments in the O-1 district may not include more than 5,000 square feet of gross floor area in a single tenant space.

14-301-05-B.

C-1 District. Commercial establishments in the C-1 district may not include more than 15,000 square feet of gross floor area on any single floor in a single tenant space. Food stores (groceries) are not subject to this floor area limit.

14-301-05-C.

O-2, C-2 and C-3 Districts. No floor area limit applies to commercial establishments in O-2, C-2 or C-3 districts.

14-301-05-D.

Warehousing in C-3 Districts. Warehousing is limited to 40 percent of gross floor area and must utilize interior loading docks.

Uses and development in O and C districts are subject to other standards including the following:

14-301-06-A.

Parking and Loading. (See Article 14-501).

14-301-06-B.

Landscaping and Screening. (See Article 14-503).

14-301-06-C.

Nonresidential Design Standards. (See Article 14-506).

14-301-06-D.

Signs. (See Article 14-504).

14-301-06-E.

Accessory Uses and Structures (including Fences). (See Article 14-400).

14-301-06-F.

Sidewalks. Sidewalks are required on both sides of the street in office and commercial zoning districts. Required sidewalks must be installed in the public right-of-way in accordance with the Design and Construction Manual.

14-301-06-G.

Principal Buildings. Principal uses must meet the definition of a "building." The following may not be used as principal buildings: mobile homes, camper trailers, or portable facilities on skids, wheels, or other moveable devices.

(Ord. No. 19485, § 1, 9-18-2023)

14-302-01-A.

List. The city's industrial zoning districts are listed below. When this development ordinance refers to "industrial" zoning districts or "I" districts, it is referring to these districts.

(Ord. No. 19207, § 3, 4-19-2021)

14-302-02-A.

General. Independence's industrial (I) zoning districts are intended to accommodate business, manufacturing, warehousing, wholesale and industrial uses. The regulations are intended to promote the economic viability of manufacturing and industrial uses, encourage employment growth, and limit the encroachment of unplanned residential and other non-industrial development into industrial areas.

14-302-02-B.

B-P/PUD District The B-P district is primarily intended to be attractive and appropriate locations for low-impact business and employment uses in a campus-like setting, typical of modern business and industrial parks. This zoning is intended to allow a mix of office, light assembly and manufacturing with limited retail service uses in a planned business park setting. This district is designed to provide for low density, high quality development with open spaces and increased amenities. The planned unit development (PUD) is to accommodate innovative development proposals or unique site conditions that cannot be readily addressed by other available development options. Planned unit development regulations are included in Article 14-902.

14-302-02-C.

I-1 District. The I-1 district is primarily intended to accommodate low-, moderate-impact service industrial uses.

14-302-02-D.

I-2 District.The I-2 district is primarily intended to accommodate high-impact industrial uses.

(Ord. No. 19207, § 3, 4-19-2021)

14-302-03-A.

Use Table. Uses are allowed in I zoning districts in accordance with Table 302-1, below.

14-302-03-B.

Use Classification System. For the purpose of this development ordinance, uses are classified into "use groups," "use categories," and "specific use types." These are described and defined in Article 14-200. The first column of Table 302-1 lists the groups, categories and types allowed in one or more I districts.

14-302-03-C.

Permitted Uses. Uses identified with a "P" in Table 302-1 are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this development ordinance.

14-302-03-D.

Permitted Uses with Minimum Use Standards. Uses identified with a "C" in Table 302-1 are permitted as-of-right in the subject zoning district, subject to compliance with the Use Standards referenced in the right column of Table 302-1, and all other applicable standards of this development ordinance.

14-302-03-E.

Special Uses. Uses identified with an "S" in Table 302-1 may be allowed if reviewed and approved in accordance with the special use procedures of Article 14-704.

14-302-03-F.

Prohibited Uses. Uses not listed and those identified with a "—" are expressly prohibited.

14-302-03-G.

Use Standards. The "use standards" column of Table 302-1 identifies use-specific standards that apply to some uses. Compliance with such standards is required. Variances to use standards are prohibited.

Notes to Table 302-1:

[1]

Retail sales establishments may not exceed 5,000 square feet (gross floor area). Sales include commodities manufactured, processed, fabricated, assembled, warehoused or stored on the premises. Business machines or office supplies; sales and repair. Appliances; sales and repair. Electronics; sales and repair.

[2]

Car wash cleaning services not allowed in BP.

(Ord. No. 17446; Ord. No. 17534; Ord. No. 17642; Ord. No. 17727; Ord. No. 17782; Ord. No. 17942; Ord. No. 17988; Ord. No. 18790; Ord. No. 19023; Ord. No. 19089; Ord. No. 19207, § 3, 4-19-2021; Ord. No. 19358, § 4, 8-1-2022; Ord. No. 19430, § 3, 4-17-2023; Ord. No. 19499, § 3, 11-6-2023; Ord. No. 19550, § 1, 5-20-2024; Ord. No. 19585, § 2, 8-19-2024; Ord. No. 19587, § 7, 8-19-2024; Ord. No. 19631, § 2, 12-16-2024; Ord. No. 19680 meeting, § 3, 6-2-2025)

14-302-04-A.

Basic Standards. All development in I districts must comply with the lot and building standards of Table 302-2, except as otherwise expressly provided. Rules for measuring compliance with the lot and building standards established in Table 302-2 and applicable exceptions to the standards can be found in Article 14-202.

Notes to Table 302-2

[1]

Interior setbacks are required only when an I-zoned lot abuts an R-zoned lot. In such cases, the I-zoned lot must provide a minimum setback of 25 feet or the minimum setback required on the R-zoned lot, whichever provides the greater setback.

[2]

For Business Park PUD District standards, reference Article 14-302-04-D.

14-302-04-B.

Warehousing in B-P Districts. Warehousing is limited to 50 percent of gross floor area. Buildings shall be designed in a manner that loading docks and dock doors are facing interior of the development. No loading dock shall be permitted to face any street. Other exterior service areas should be screened by either a building or screening wall that is integrated into the building design to not be noticeably visible to other zoning districts.

14-302-04-C.

Development and Performance Standards in BP/PUD Districts.

1.

Buildings should be designed in an attractive and interesting manner to define the image of the community with building materials and colors carried throughout the development area. Designs should provide visual interest and variety yet be consistent with the architectural character of the area.

2.

Building facade materials shall consist of quality materials as noted in Article 14-506-01-B and meet the requirements of Article[s] 14-506-03-A [and] 14-506-01-C. Architectural details such as texture, pattern, color and building form used on the front facade shall be incorporated on all building facades.

3.

All operations shall be conducted within a fully enclosed building and there shall be no overnight tractor trailer parking.

4.

There shall be no outside storage of trailers, materials, products, or equipment, other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless such outside storage is specifically approved as part of the development plan.

5.

Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights or from high-temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent or LED light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on a public street shall not exceed seven lux as measured from the center line of the street. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed two lux (Article 14-508-6) as measured from said property line. A photometric plan shall be provided and prepared by a lighting professional, professional engineer, architect or landscape architect.

6.

A grounds maintenance and management plan and recorded covenants shall be submitted for approved that includes but not limited to irrigation sprinkler systems and landscaping maintenance and replacement.

7.

A Business Park shall be developed by a single entity. Lots may be sold to separate users but the sale of lots must be accompanied by protective covenants assuring a high level of architecture, and site improvements in concurrence with the standards set forth in this code. The covenants shall include continued maintenance and at minimum have property owners' association, provisions for maintenance of individual sites and common areas, standards for finishing of buildings, and design standards for signs. Such covenants shall be submitted with the application for a Business Park PUD zoning classification.

14-302-04-D.

Development Dimensional Standards in BP/PUD Districts.

1.

Minimum development size shall be 15 acres with minimum lot sizes of one acre.

2.

Sites shall be limited to the lesser of five stories or 65 feet in height.

3.

The floor area ratio (FAR) which is the number of square feet in a building divided by the square footage of the building lot shall be 0.25.

4.

The maximum impervious cover, which means the total area of any surface that prevents the infiltration of water into the ground, such as roads, parking areas, concrete and buildings, shall not exceed 60 percent of the building lot with the exclusion of sidewalks in public rights-of-way or multi-use trails on public land or in public easement.

5.

Parking decks (parking structures with vehicles under cover) shall be designed with adequate ingress and egress and complement the scale and facade of the principle structure and shall not exceed the height of the principle structure.

(Ord. No. 19036; Ord. No. 19207, § 3, 4-19-2021)

Uses and development in I districts are subject to other standards including the following:

14-302-05-A.

Parking and Loading. (See Article 14-501).

14-302-05-B.

Landscaping and Screening. (See Article 14-503).

14-302-05-C.

Signs. (See Article 14-504).

14-302-05-D.

Accessory Uses and Structures. (See Article 14-400).

14-302-05-E.

Sidewalks. Sidewalks are required for all developments in I districts. Sidewalks must be installed in the public right-of-way on both sides of all streets and must be constructed in accordance with the Design and Construction Manual.

14-302-05-F.

Principal Buildings. Principal uses must meet the definition of a "building." The following may not be used as principal buildings: mobile homes, camper trailers, or portable facilities on skids, wheels, or other moveable devices.

(Ord. No. 19485, § 1, 9-18-2023)