Knob Noster City Zoning Code
ARTICLE IV
Districts and Boundaries
Section 405.210 District Classifications.
[R.O. 2012 §405.210; Ord. No. 522 §§1—3, 12-1-1992]
In order to classify, regulate, and restrict the location of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; to regulate and determine the area of yards and other open space surrounding buildings; and to regulate and restrict the density of population, the Zoning Area is hereby divided into districts designated as follows:
New Zoning District | Equivalent Prior District |
|---|---|
"A-1" Agricultural District | "A-1" |
"R-S" Residential Suburban District | None |
"R-1" Single-Family Dwelling District | "R-1a", "R-1b" |
"R-2" Two-Family Dwelling District | "R-2" |
"R-3" Multiple-Family Dwelling District | "R-3" |
"M-P" Manufactured Home Park District | "M" |
"P" Planned Development District | None |
"C-2" General Commercial District | "C-2" |
"C-4" Central Business District | "C-4" |
"I-1" Industrial District | "I-1", "I-2" |
"AO" Airport Overlay District | 65 LDN Contours |
"FP" Flood Plain District | FEMA 100-year flood plain boundary |
Section 405.220 District Zoning Map.
[R.O. 2012 §405.220; Ord. No. 522 §§1—3, 12-1-1992]
The boundaries of the Districts are shown on the map and/or sections thereof attached hereto and made a part of this Chapter, which map is designated as the District Zoning Map. The District Zoning Map and all the notations, references, and other information shown thereon are a part of this Chapter and have the same force and effect as if said map and all the notations and references, and other information shown thereon, were all fully set forth or described herein. The District Zoning Map is properly attested and is on file in the office of the Clerk having jurisdiction.
Section 405.230 Annexation Rule.
[R.O. 2012 §405.230; Ord. No. 522 §§1—3, 12-1-1992]
The initial zoning of territory annexed to the City shall be in accordance with the amendment provisions of these Zoning Regulations. In a voluntary annexation, the amendment procedure shall be initiated after receipt of a valid annexation petition and shall be completed so that the amendment ordinance may be passed at the same time as the annexation ordinance. In an involuntary annexation, the amendment procedure may be initiated after the passage of the annexation ordinance and after the required annexation procedures are satisfactorily completed.
Section 405.250 Exemptions.
[R.O. 2012 §405.250; Ord. No. 522 §§1—3, 12-1-1992]
A.
The following structures and uses shall be exempt from the provisions of these Zoning Regulations:
1.
Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephones and other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility, but not including substations located on or above the surface of the ground.
2.
Railroad tracks, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.
Section 405.260 Established Lots of Record.
[R.O. 2012 §405.260; Ord. No. 522 §§1—3, 12-1-1992]
Intensity of Use Regulations and Yard Regulations shall be reduced by ten percent (10%) for lots of record platted on or before the effective date of Ordinance No. 378, April 4, 1984, establishing zoning in the City of Knob Noster, Missouri.
Section 405.270 Averaging Setbacks.
[R.O. 2012 §405.270; Ord. No. 522 §§1—3, 12-1-1992]
In any residential district, where the two (2) adjacent residences have a front yard which is less or greater than the least front yard depth prescribed elsewhere in this Chapter, the required depth of the front yard on such lot may be modified. In such case, the front yard shall not be less than the average depth of the existing front yards on the two (2) adjacent lots. However, in no case shall the depth of the front yard be less than ten (10) feet and need not exceed fifty (50) feet; and in no case shall the depth of a front yard of a corner lot be less than twenty-five (25) feet.
Section 405.280 "A-1" Agricultural District.
[R.O. 2012 §405.280; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. It is the intent of the "A-1" Agricultural District to protect limited agricultural uses in the Zoning District, including certain agricultural production and services, but not including livestock production, through control and density, land use, and land coverage.
B.
District Regulations. In District "A-1", no structure or land shall be used, and no structure shall be altered, enlarged or erected, which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. Agricultural production and services, as permitted in Appendix A of these Zoning Regulations, and as follows:
1.
General agricultural operations, but this shall not include or permit:
a.
The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.
b.
A use or activity engaged in within three hundred (300) feet of a residential or retail business structure if such use or activity results in continuous odor, dust, or noise.
c.
The construction of agricultural buildings or structures closer than ninety (90) feet to the centerline of a principal public way.
2.
Single-family dwellings on land which is used or intended to be used only for agricultural purposes.
3.
Public parks, playgrounds, recreation areas, and community buildings owned and operated by a public agency.
4.
Churches, Synagogues, and similar places of worship.
5.
Farms and ranches.
6.
Golf courses, except miniature and pitch and putt golf courses and driving tees operated for commercial purposes.
7.
Greenhouses and nurseries.
8.
Institutions of higher learning, including dormitory accommodations, when located on the same tract as the educational buildings.
9.
Home occupations.
10.
Public buildings, including libraries and museums.
11.
Accessory buildings and uses customarily incidental to any of the above.
12.
Keeping of horses and cattle subject to the following minimum sanitation and odor practices. (The intent is to establish a healthful environment around the boarding area.)
a.
b.
Drainage.
(1)
All ground surfaces within pens shall be so graded and compacted to ensure proper drainage.
(2)
Surface runoff shall be so controlled that no appreciable amount of soil and manure is carried into any roadway ditch or drainage area where it will deposit and form sludge banks where flies and mosquitoes can breed.
13.
The Board of Aldermen may authorize, upon recommendation from the Planning Commission, the following exceptions by Special Use Permit, subject to such conditions as the Board deems necessary to include, but not restricted to, proper setbacks, landscaping, screening, fencing, maintenance provisions, and other similar requirements:
a.
Airports and heliports.
b.
Cemetery, crematory or mausoleum.
c.
Hospitals, isolation homes, penal institutions, sanitariums, or asylums for the insane or feeble-minded.
d.
Development of natural resources and extraction of raw materials such as rock, gravel, sand, etc.
e.
Nursing and care homes subject to inspection and license requirements.
f.
Seasonal or temporary uses such as recreation camp or similar enterprises.
g.
Telephone exchange, electric substations, or similar public utilities.
h.
Any public building or land used by any Department of the City, County, State, or Federal Government.
i.
Exploration and extraction of oil and natural gas.
j.
Public or parochial schools, elementary, junior high and high schools, and private schools with equivalent curriculum.
k.
Bed and breakfast establishments.
l.
Radio or television transmitters.
m.
Stands for the sale, at retail, of agricultural products or commodities raised on the premises.
n.
Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs, and archery, trap and skeet ranges.
o.
Riding stables and academies, providing no structure housing horses shall be located nearer than six hundred (600) feet to the boundary of any residential district.
E.
Height Regulations. No building or structure shall exceed the following height restrictions:
1.
When the building or structure is within one hundred fifty (150) feet of a residential district zone, said building or structure shall not exceed thirty-five (35) feet in height.
2.
When the building or structure is more than one hundred fifty (150) feet from a residential district zone, said building shall not exceed eighty (80) feet in height.
3.
Public and semi-public buildings, public service and institutional buildings, hospitals, schools, churches, and similar places of worship are permitted two (2) feet of additional height for each one (1) foot of additional front building setback.
F.
Yard Regulations.
1.
Front yard. The front yard shall be a minimum of thirty (30) feet in depth measured from the front lot line or, on collector streets, measured eighty (80) feet from the centerline of the street or, on arterial streets, measured one hundred (100) feet from the centerline of the street, whichever front yard setback would be greater.
2.
Side yard. There shall be a side yard of not less than fifteen (15) feet on each side of every single-family dwelling and accessory use. All other permitted and conditional uses shall provide a minimum side yard of twenty-five (25) feet.
3.
Rear yard. There shall be a rear yard of not less than forty (40) feet.
Section 405.290 "R-S" Residential Suburban District.
[R.O. 2012 §405.290; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. It is the intent of the "R-S" Residential Suburban District to control subdivision and density of development of land for residential and other non-commercial purposes where such uses are not or cannot be connected to a public sewer and/or a public water supply.
B.
District Regulations. In District "R-S," no structure or land shall be used, and no structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in the Permitted Uses, Appendix A of these Zoning Regulations.
C.
Permitted Uses. Single-family dwellings and related public and semipublic uses are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning Regulations.
D.
Intensity Of Use Regulations. Except as hereinafter provided, all dwellings hereafter erected, enlarged, or reconstructed shall be located upon lots containing the following areas:
1.
Every lot served with public sanitary sewers and public water system shall have an area of not less than one-half (½) acre and a lot width of not less than one hundred (100) feet. (Corner lots shall not be less than one hundred twenty (120) feet in width.)
2.
Every lot not served with a public sanitary sewer shall have a lot area of not less than two (2) acres and a lot width of not less than two hundred (200) feet.
E.
Height Regulations. No building shall exceed thirty-five (35) feet in height, except that public and semi-public buildings, public service and institutional buildings, hospitals, schools, churches, and similar places of worship are permitted two (2) feet of additional height for each one (1) foot of additional building setback.
F.
Yard Regulations.
1.
Front yard. The front yard shall be a minimum of fifty (50) feet in depth measured from the front lot line or, on collector streets, measured eighty-five (85) feet from the centerline of the street or, on arterial streets, measured ninety-five (95) feet from the centerline of the street, whichever front yard setback would be greater.
2.
Side yard. There shall be a side yard on each side of every single-family dwelling and accessory use which shall be not less than twenty-five (25) feet in width, and all other permitted and conditional uses shall provide a fifty (50) foot side yard.
3.
Rear yard. There shall be a rear yard of not less than fifty (50) feet.
Section 405.300 "R-1" Single-Family Dwelling District.
[R.O. 2012 §405.300; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. The "R-1" Single-Family Dwelling District is established for the purpose of low-density, single-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this District that will tend to interfere with the health, safety, order, or general welfare of persons residing in the District or to devalue property for residential purposes. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the District to accomplish these purposes. This District varies from "R-S" primarily by the Intensity of Use and Yard Regulations.
B.
District Regulations. In District "R-1", no structure or land shall be used, and no structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. Single-family dwellings and related public and semipublic uses are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning Regulations.
D.
Intensity Of Use Regulations. Every lot or tract of land shall have an area of not less than six thousand seven hundred fifty (6,750) square feet and an average width of not less than sixty (60) feet. (Corner lots shall be not less than one hundred (100) feet in width.)
E.
Height Regulations. No building shall exceed thirty-five (35) feet in height.
F.
Yard Regulations.
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 lots have double frontage, the required 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 a corner lot; provided however, that the buildable width of a lot of record on December 1, 1992, need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than five (5) feet. No accessory building shall project beyond the front yard line on either street.
2.
Side yard.
a.
There shall be a side yard having a width of not less than eight (8) feet on each side of the principal and accessory residential buildings.
b.
Whenever a lot of record existing on December 1, 1992, has a width less than the required lot width the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than three (3) feet.
3.
Rear yard. There shall be a rear yard having a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.
Section 405.310 "R-2" Two-Family Dwelling District.
[R.O. 2012 §405.310; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. The "R-2" Two-Family Dwelling District is intended for the purpose of allowing a slightly higher density than in District "R-1", yet retain the residential qualities. This District allows duplex uses, single-family homes, home occupations, certain community facilities, and certain special uses.
B.
District Regulations. In District "R-2", no structure or land shall be used, and no structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. Single-family dwellings, two-family dwellings, and related public and semi-public uses are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning Regulations.
D.
Intensity Of Use Regulations. Except as hereinafter provided, all dwellings hereafter erected, enlarged, or reconstructed shall be located upon lots containing the following area:
1.
A lot on which there is erected a single-family dwelling shall contain an area of not less than seven thousand five hundred (7,500) square feet per family and an average width of fifty (50) feet. (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 five thousand (5,000) square feet per family except that a lot of record at the time of the adoption of this Chapter (December 1, 1992) may contain an area of not less than three thousand (3,000) square feet per family.
3.
On December 1, 1992, where a lot or tract has less area than herein required and its boundary lines, along their entire length, touches lands under other ownership, such lot or tract may be used for a single-family dwelling.
E.
Height Regulations. No building or structure shall exceed thirty-five (35) feet in height.
F.
Yard Regulations.
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 lots have a 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 a corner lot, except that the buildable width of such a 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 building shall project beyond the front yard line of either street.
2.
Side yard.
a.
There shall be a side yard on each side of the principal and accessory residential buildings having a width of not less than five (5) feet.
b.
Whenever a lot of record existing on December 1, 1992, has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than three (3) feet.
3.
Rear yard. There shall be a rear yard having a depth of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.
Section 405.320 "R-3" Multiple-Family Dwelling District.
[R.O. 2012 §405.320; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. The "R-3" Multiple-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, home occupations, community facilities and certain uses, yet retain the basic residential quality.
B.
District Regulations. In District "R-3", no structure or land shall be used, and no structure altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. Single-, two-, and multi-family dwellings, nursing homes and boarding houses are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning 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 multiple-family dwelling shall contain an area of not less than five thousand (5,000) square feet, or two thousand five hundred (2,500) square feet per family, whichever area is the larger, except that this Chapter shall not apply to dormitories or rooming and lodging houses where no cooking is done in individual rooms or apartments. The Board of Adjustments may increase the intensity of use for multiple-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 405.130 of this Chapter, has less area than herein required and was recorded prior to December 1, 1992, that lot may be used only for single-family dwelling purposes.
5.
Multiple-family uses shall not cover more than forty percent (40%) of the lot area.
E.
Height Regulations. No building shall exceed forty-five (45) 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 building shall project beyond the front yard line of either street.
3.
Rear yard. There shall be a rear yard for buildings 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.
H.
Parking Regulations. Off-street parking is not required in this District for existing structures. Any new structures shall comply with the requirements of Article VII, "Parking and Loading Regulations".
J.
Site Plan Review. Development in the "R-3" District shall be subject to site plan review requirements and procedures.
Section 405.330 "M-P" Manufactured Home Park District.
[R.O. 2012 §405.330; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. It is the intent of the "M-P" Manufactured Home Park District to permit low density manufactured home uses in a park-like atmosphere where such zones are recommended by the Planning Commission and approved by the Board of Aldermen.
B.
District Regulations. In District "M-P", no structure or land shall be used and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than independent manufactured homes or independent trailer house coaches and accessory service buildings.
D.
General Requirements. The manufactured home park shall have private streets, and the tracts shall be held in the ownership of the park applicant or his/her successor. (The individual occupants other than said applicant cannot purchase and own said tracts.) A manufactured home park must meet the following regulations and must show evidence of same by acquiring an annual license for each manufactured home park and renew same each year.
1.
The tract to be used for a manufactured home park shall be not less than two (2) acres.
2.
The applicant of the manufactured home park must satisfy the Planning Commission that he/she is financially able to carry out the proposed plan and shall prepare and submit a schedule of construction, which construction shall commence within a period of two (2) years following the approval by the Planning Commission and shall be completed within a period of five (5) years.
3.
The applicant for a manufactured home park shall prepare or cause to be prepared a development plan and shall present three (3) copies of said plan for review by the Planning Commission and Board of Aldermen. This plan shall show the proposed development which shall conform with the following requirements:
a.
The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
b.
Manufactured home parks hereafter approved shall have a maximum density of eight (8) trailers per gross acre and a minimum space of four thousand (4,000) square feet shall be provided for each trailer.
c.
Each manufactured home space shall be at least thirty-five (35) feet wide and clearly defined.
d.
Manufactured homes shall be so located on each space that there shall be no less than a five (5) foot setback from any manufactured home space boundary and that there shall be at least a twenty (20) foot clearance between manufactured homes; provided however, that with respect to manufactured homes parked end-to-end, the end-to-end clearance shall not be less than fifteen (15) feet. No manufactured home shall be located closer than twenty-five (25) feet from any building within the park or from any property line bounding the park.
e.
All manufactured home spaces shall front upon a private roadway of not less than twenty-seven (27) feet in width, which shall have unobstructed access to a public street, alley, or highway. Thirty (30) feet of private roadway shall be required where parking is allowed in the roadway.
f.
Walkways not less than thirty (30) inches wide shall be provided from the manufactured home spaces to the service buildings.
g.
All roadways and walkways within the manufactured home park shall be hard-surfaced and adequately lighted at night with electric lamps.
h.
Laundry facilities may be provided in a service building.
i.
A recreation area shall be provided at a central location in the manufactured home park area at the rate of two hundred (200) square feet for each trailer space up to five (5) trailers, thence one hundred (100) square feet per trailer thereafter.
j.
A solid or semi-solid fence or wall at least six (6) feet high, but not more than eight (8) feet high, and a ten (10) foot landscaped buffer which shall consist of trees, shrubs, evergreens, and grass shall be provided between the Manufactured Home Park District and any adjoining property or property immediately across the street which is zoned for residential purposes. Said fence or wall shall be placed a minimum of ten (10) feet from the boundary of the "M-P" District (the interior line of the ten (10) foot landscape buffer) and shall not be reduced in height, but shall be so located as to observe the intersection sight triangle as defined by this Chapter. The fence or wall and landscape buffer shall be properly policed and maintained by the owner.
k.
A manufactured home park shall not be used for other than residential purposes. Manufactured homes may be offered for sale in the manufactured home park only by resident owners.
l.
Skirting. Each manufactured home shall be skirted within sixty (60) days after placement in the park by enclosing the open area under the unit with a material that is compatible with the exterior finish of the manufactured home and is consistent with the quality of development of the park.
m.
Blocking. All manufactured homes shall be blocked at a maximum of ten (10) foot centers around the perimeter of each manufactured home, and this blocking shall provide sixteen (16) inches bearing upon the stand.
n.
Tie-downs and ground anchors shall secure all manufactured homes to the ground. Anchors shall be provided at least at each corner of the manufactured home, and each anchor shall be able to withstand a tension force of at least four thousand eighty hundred (4,800) pounds. The cable or other device connecting the manufactured home and anchor shall be able to withstand a tension of at least four thousand eight hundred (4,800) pounds.
E.
Service Buildings.
1.
Service buildings, if provided, housing sanitation and laundry facilities, or any such facilities, shall be permanent structures complying with all applicable regulations and statutes regulating buildings, electrical installations, and plumbing and sanitation systems.
2.
All service buildings, if provided, and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
3.
Service buildings and parking related to the service operations shall not occupy more than five percent (5%) of the area of the park and shall be located, designed, and intended to serve frequent trade or service needs of persons residing in the park and shall present no visible evidence of their commercial character from any portion of any residential district outside the park.
Section 405.340 "P" Planned Development District.
[R.O. 2012 §405.340; Ord. No. 522 §§1—3, 12-1-1992]
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 buildings 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.
B.
Use Of The "P" District.
1.
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" District shall be in addition to the requirements of the underlying district, except that the "P" District may modify some of the regulations of the underlying district in specific situations. A "P" 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" 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". For example, a Planned Development District of an "R-2" District shall be known as "R-2-P."
3.
Approval of the rezoning based on the Preliminary Development Plan shall allow the applicant to submit a Final Development Plan for approval. No building or occupancy permit shall be issued until a Final Development Plan has been approved. The use of the "P" District shall be separate from the Subdivision Regulations of the City, and the Development Plans required by the "P" 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 shall 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 properly.
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. No yard reductions shall be permitted for those yard spaces which abut another District.
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 nor inconvenience in the area.
2.
Structures and traffic shall be arranged so that all principal buildings 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 are 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 Board of Aldermen to minimize any negative impact on the community.
G.
Application For Rezoning. A petition to change to a "P" 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 Zoning Regulations. The process for approval shall be the same as for any rezoning as provided by these Zoning Regulations.
H.
Approval Procedure. The approval by the Board of Aldermen of the Preliminary Development Plan and the concurrent rezoning to the "P" District shall be preceded by the publication and mailing of notice, a public hearing, and a recommendation by the Planning Commission. If the Board of Aldermen 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 one (1) inch = one hundred (100) feet, and shall include:
1.
Boundaries of project with dimensions to scale;
2.
Contour intervals of two (2) feet;
3.
Proposed size, height, location and arrangement of buildings, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and/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 building 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 Zoning Official and shall include a Construction Schedule Development. A final approval by the Board of Aldermen shall authorize construction to begin according to the Construction Schedule providing all appropriate permits have been received. Construction of at least the first 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. |
L.
Amendments. If any substantial variation or rearrangement of buildings, 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 any 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 Section 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 or church. |
Section 405.350 "C-2" General Commercial District.
[R.O. 2012 §405.350; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. The "C-2" General Commercial District is intended for the purpose of allowing basic retail, service, and office uses in addition to those normally permitted in neighborhood centers. This District is also intended to provide locations for commercial activity that do not require a central location downtown but do require a location easily accessible to the downtown shoppers. Business uses needing large floor area, particularly those of a service nature not compatible with Central Business District uses, are included in this District.
B.
District Regulations. In District "C-2", no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. The retailing of goods and services, restaurants and educational and religious uses are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning Regulations.
E.
Height Regulations. No building shall exceed forty-five (45) feet in height.
F.
Yard Regulations.
1.
Front yard. The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line or, on collector streets, measured sixty-five (65) feet from the centerline of the street or, on arterial streets, measured seventy-five (75) feet from the centerline of the street, whichever front yard setback would be greater.
2.
Side yard. None required, except adjacent to residential land uses, then the side yard shall be five (5) feet. Existing uses otherwise complying shall not be required to provide a side yard.
3.
Rear yard. None required, except adjacent to residential land uses, then the rear yard shall be fifteen (15) feet. Existing uses otherwise complying shall not be required to provide a rear yard.
4.
Landscaping and screening.
a.
A solid or semi-solid fence or wall no more than four (4) feet high in a front yard, and at least six (6) feet high in a side or rear yard, shall be provided adjacent to any adjoining Residential District; however, in the event the adjacent Residential District and the commercial development are separated by a public right-of-way, a landscape buffer ten (10) feet deep which shall consist of trees, shrubs, and evergreens shall be provided along the property line and maintained by the owner or owners of the property in the "C-2" District.
b.
A landscape strip of trees, shrubs, evergreens, or other suitable planting material not less than ten (10) feet in width shall be installed and properly maintained by the owner when the District is across the street from a Residential District.
H.
Parking Regulations. Off-street parking is not required in this District for existing structures. Any new structures shall comply with the requirements of Article VII, "Parking and Loading Regulations".
J.
Site Plan Review. Development in the "C-2" District shall be subject to site plan review requirements and procedures.
Section 405.360 "C-4" Central Business District.
[R.O. 2012 §405.360; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. The "C-4" Central Business District (CBD) is intended for the purpose of grouping retail merchandising activities into a concentrated area servicing the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services, and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the business level of the central business activity.
B.
District Regulations. In District "C-4", no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. The retailing of goods and services, public and semipublic uses, and family dwellings are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning Regulations.
D.
Intensity Of Use Regulations. No requirement, except those to meet fire regulations.
E.
Height Regulations. A building may be erected to any height not in conflict with other Zoning Regulations.
F.
Yard Regulations.
H.
Parking Regulations. Off-street parking is not required in this District for existing structures. Any new structures shall comply with the requirements of Article VII, "Parking and Loading Regulations".
J.
Site Plan Review. Development in the "C-4" District shall be subject to site plan review requirements and procedures.
Section 405.370 "I-1" Industrial District.
[R.O. 2012 §405.370; Ord. No. 522 §§1—3, 12-1-1992]
A.
Intent And Purpose Of District. The "I-1" Industrial District is intended for the purpose of allowing certain industrial uses which do not:
1.
Require intensive land coverage;
2.
Generate large volumes of vehicular traffic; or
3.
Create obnoxious sounds, glare, dust, or odor.
Height and land coverage are controlled to ensure compatibility with adjoining uses. More intense industrial uses shall be required to submit an application under "P" Planned District regulations, at the direction of the Zoning Official. |
B.
District Regulations. In District "I-l", no structure or land shall be used, and no structure shall be altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in the Use Regulations.
C.
Permitted Uses. Warehousing, wholesaling, service centers and repair uses to include, but not limited to, repair of large appliances and automobiles, are permitted. For a specific listing of permitted and conditionally permitted uses, see Appendix A of these Zoning Regulations.
D.
Intensity Of Use Regulations. A building, structure or use allowed in this District may occupy all that portion of the lot except for that area required for off-street parking and off-street loading and unloading and their access roads and except as provided in the yard regulations.
E.
Height Regulations.
1.
When a building or structure is within one hundred fifty (150) feet of a residential district zone, said building or structure shall not exceed forty-five (45) feet in height.
2.
When a building or structure is more than one hundred fifty (150) feet from a Residential District zone, said building or structure shall not exceed seventy-five (75) feet in height.
F.
Yard Regulations.
1.
Front yard.
a.
The front yard shall be a minimum of fifty (50) feet in depth measured from the front lot line or, on collector streets, measured ninety (90) feet from the centerline of the street or, on arterial streets, measured one hundred (100) feet 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 on the side street not less than twenty-five (25) feet in width.
d.
No accessory building shall project beyond the front yard line on either street.
2.
Side yard. There shall be a side yard on each side of a building, and said side yard shall not be less than thirty (30) feet.
3.
Rear yard. There shall be a rear yard for buildings in this District, which rear yard shall have a depth of not less than fifty (50) feet or twenty percent (20%) of the depth of the lot, whichever is the smaller.
4.
Landscaping and screening. A solid or semi-solid fence or wall at least six (6) feet high, but not more than eight (8) feet high, shall be provided adjacent to any adjoining District, however, in the event the adjacent Residential District and the industrial development are separated by a public right-of-way, a ten-foot landscape buffer which shall consist of trees, shrubs, and evergreens shall be provided along the property line and maintained by the owner or owners of this property in the "I-1" District.
Section 405.380 "AO" Airport Overlay District.
[R.O. 2012 §405.380; Ord. No. 522 §§1—3, 12-1-1992]
A.
Purpose And Intent. An Overlay District is a mapped area with restrictions beyond those in the underlying zone. An Overlay District is usually used when there is a special public interest in an area that does not coincide with already mapped traditional zones. An Overlay District may cover parts of several zones or only a portion of the underlying zone. Because of this, it is much easier to set up an Overlay District than it is to write zoning categories for each of the pertinent districts. Generally, the underlying zone determines the permitted land uses, while the Overlay District may restrict the design, require additional setbacks, or set into place any other restrictions that will meet the District's purpose. In cases where there is a conflict between the requirements of the Overlay District and the underlying zone, the overlay restrictions apply.
The purpose and intent of this Overlay District is to protect the health, safety and welfare of persons and property in the vicinity of the Whiteman Air Force Base. This is accomplished by:
1.
Reducing noise and safety hazards associated with aircraft operations;
2.
Preserving the operational stability of Whiteman Air Force Base; and
3.
Assisting in the implementation of policies and recommendations in the Knob Noster Comprehensive Plan and the Air Installation Compatible Use Zone (AICUZ) Report. The Overlay District further:
a.
Promotes the compatibility between Air Force Base operations and land uses in the vicinity of the base through the establishment of criteria for regulation of land use, building height and development density;
b.
Protects the public from exposure to areas with a high degree of potential for aircraft accidents by limiting the type of land uses that concentrate large numbers of people where aircraft accidents are most likely to occur;
c.
Increases the protection of persons exposed to high levels of aircraft noise by requiring acoustical treatment of buildings located in these areas and regulating those uses which are sensitive to such noise; and
d.
Prohibits uses which create potential hazards to the safe approach and departure of aircraft.
B.
Applicability.
1.
Where AOD and other City requirements or regulations apply to the same property, the more restrictive applies.
2.
For property partially within the AOD, the following apply:
3.
For areas outside the City limits, which have not been annexed by the City of Knob Noster, Missouri, the AOD provisions apply upon annexation.
4.
The provisions of the AOD apply to the following on all property located within the AOD boundaries:
5.
Nothing in this Section affects existing property or the right to its continued use for the purpose legally used at the time these Zoning Regulations become effective; nor do these Zoning Regulations affect any reasonable repair or alteration of buildings or property used for such existing purposes.
C. ACCIDENT POTENTIAL ZONE (APZ) ADMINISTRATING AUTHORITY AIRPORT HAZARD ZONE AIRPORT OVERLAY DISTRICT (AOD) FLOOR AREA RATIO (FAR) NON-CONFORMING USE SUBDISTRICT UNDERLYING ZONE
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
Land area identified in the Air Installation Compatible Use Zone Report (AICUZ), Whiteman AFB, Missouri, April 1976 to be in significant danger of aircraft accidents by being beneath that airspace (take-off and approach paths) where the potential for aircraft accidents is most likely to occur.
The Knob Noster Planning Commission.
Any area of land or water where man-made structures, trees or use of land can obstruct the airspace required for the flight of aircraft in landing and taking-off at any airport.
An additional level of zoning requirements providing an extra layer of protection for those parcels of lands within the accident potential zones.
FAR is determined by dividing total floor area of all buildings on a platted lot or tract by the total area of the lot or tract.
The use of a particular property existing on December 1, 1992.
A distinct area within an Airport Overlay District marked for particular uses.
The existing zoning district classification beneath an Overlay District.
D.
Districts. The Airport Overlay District (AOD) is comprised of:
1.
The Accident Potential Zone I and II (APZ I and II) established at the north and south ends of the clear zone of the Whiteman Air Force Base, as defined by the AICUZ Study for the Whiteman AFB.
2.
The Compatible Use District Zone (CUDZ) established by the LdN 65-70 contour as defined by the Whiteman AFB.
3.
Amendments to the AICUZ Study may be incorporated as an amendment to the City Zoning Code only upon a hearing and recommendation from the Planning Commission.
The location and boundaries of the AOD shall be shown on the "Official Zoning Map, City of Knob Noster, Missouri", as specified by ordinance. |
E.
General Provisions. The following regulations apply to the AOD:
1.
No lot or tract devoted to retail trade, service or office uses shall exceed 0.2 FAR.
2.
No land area used in a building permit that has maximized the FAR allowed may be used in another building permit.
3.
A use that is non-conforming to the provisions of this Subsection may be converted to a new use provided that the new use shall be of the same general character or of a more restrictive character as determined by the administrating authority.
4.
Expansion.
a.
A use or building that is non-conforming to the provisions of this Chapter may be expanded without the approval of the Knob Noster Planning Commission, provided the total expansion of the building or lot area meets the following criteria:
(1)
Does not exceed twenty-five percent (25%) of the building or lot area at the time of adoption of these Zoning Regulations;
(2)
Does not violate the height limitations established in the AICUZ report for WAFB; and
(3)
Is intended as an accessory use of storage, warehousing, or other similar low occupancy use.
b.
Notwithstanding the limitations in Subdivision (4)(a) above, floor area within an existing building for an existing use that is non-conforming to the provisions of this Subsection may be increased without the approval of the Knob Noster Planning Commission.
c.
A use or building that is non-conforming to the provisions of this Subsection may be expanded without area or size limitation and without the approval of the Planning Commission, if that expansion area is outside the boundaries of these Districts, or is within a District where the proposed use is permitted, and it does not violate any other provisions of the Zoning Regulations.
5.
A building occupied by a use that is non-conforming to the provisions of this Chapter may be replaced, by a new building of the same or lesser ground coverage, in the same location or in another location on the same lot or tract or an adjacent lot or tract that is under the same ownership, provided that the new location is in the same or a less restrictive subdistrict.
6.
Each time a use is changed or a new user takes possession of the site, the user of the site is required to submit a written request to the administrating authority for a revised certificate of occupancy.
7.
Administrative offices, engineering offices, computer operations, and similar uses which are accessory to a main use of an industrial or manufacturing nature and are on the same lot or tract or one adjacent to the lot or tract containing the main use shall be considered as part of the industrial or manufacturing use.
F.
Airport Overlay District — Permitted Uses. The following uses are permitted uses in the AOD:
1.
APZ I and II.
a.
Agricultural uses;
b.
Single-family dwellings at a density no greater than one (1) dwelling unit per acre;
c.
Cemeteries;
d.
Surface parking areas;
e.
Warehousing;
f.
Any public or private entertainment or recreational use which attracts spectators and participants at a rate no greater than twenty-five (25) persons per acre at any one (1) time;
g.
Wholesale trade of motor vehicle parts, plumbing equipment/supplies, industrial machinery, lumberyards, farm supplies and similar materials; and
h.
Manufacturing processes which employ no more than one (1) employee for every two hundred fifty (250) square feet of gross floor area of all buildings on a project site at any time.
G.
Variance. The Board of Zoning Adjustment is authorized to hear and decide appeals, and to review requests for variances in accordance with the Zoning Regulations of Knob Noster, Missouri.