To carry out the purposes and provisions of this UDO, the city is hereby divided into the following districts:

*See section 30-41.1 below.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9076, § I, 1-8-07)

Certain zoning districts, as indicated above (*), have been retained to allow the continued development and use of land within these districts under the provisions of the existing zoning district regulations. The rezoning of land to any of these designated districts shall not be permitted.

(Ord. No. 8804, § I, 4-11-05)

The official zoning map, together with all descriptive matter related thereto, including but not limited to notations regarding amendments to the map, definitions of districts, and titles, is hereby adopted by reference, and declared to be a part of this UDO. This map includes the boundaries of the areas covered by the districts listed in this article. This map may be portrayed either through printed or electronic information.

(Ord. No. 8804, § I, 4-11-05)

Changes to the official zoning map shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with the number of the amending ordinance entered either within the changed area, or in a fashion that would clearly relate the number to the changed area.

(Ord. No. 8804, § I, 4-11-05)

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map, which shall be located in the office of the director, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

(Ord. No. 8804, § I, 4-11-05)

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may adopt by ordinance the new official zoning map, which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map, or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. No. 8804, § I, 4-11-05)

When uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map, the following rules shall apply:

(1)

District boundary lines are either the edge of blocks, centerlines of railroads, or the right-of-way lines of highways, streets, alleys, tract or lot lines, or these lines extended, unless otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street, highway, or railroad, the depth of those strips shall be in accordance with dimensions shown on the maps measured at right angles from the property line of a street, highway, or railroad, and the length of frontage shall be in accordance with dimensions shown on the map from the property lines of streets, highways, or railroad rights-of-way unless otherwise indicated.

(3)

Where a district boundary line divides a lot that is of single ownership at the time of the effective date of this UDO, the zoning classification of the larger portion may be interpreted to extend into the smaller portion for a distance of no more than twenty-five (25) feet.

(4)

Wherever an area is annexed to the city, zoning shall be established pursuant to article IV, for this area concurrent with the successful completion of all required annexation procedures.

(5)

Wherever any public street or alley is vacated, the zoning districts adjoining each side of the vacated land shall automatically extend to the centerline of the vacated right-of-way.

(6)

Wherever a street or other right-of-way is platted or otherwise dedicated for public street, alley, or highway use, the existing zoning within that right-of-way shall be automatically repealed.

(7)

Except as may be preempted by applicable law, all rights-of-way within the city are hereby zoned single-family residential (R-1C) except for any rights-of-way that are not within one thousand (1,000) feet of a property zoned residential or used for a residential dwelling; provided no use otherwise authorized in such single-family zone shall be permitted in the rights-of-way that is not specifically authorized by the city's rights-of-way regulations.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10947, § I, 8-27-18)

The following requirements shall apply to all zoning districts:

(1)

For all zoning districts, the following uses shall be permitted by right:

a.

Accessory uses, as set out in article XI;

b.

Special uses, as set out in article IV;

c.

Signs, as set out in article XIV;

d.

Wireless communication facilities, as set out in article XII;

e.

Public and private educational buildings and facilities;

f.

Places of worship and related facilities;

g.

Civic buildings and facilities;

h.

Public parks and playgrounds, including recreation or service buildings and swimming pools;

i.

Greenways, trails, non-commercial recreation facilities and non-motorized bike paths; and

j.

Open space, including but not limited to wildlife sanctuaries, forest preserves, nature centers, picnic areas, and similar uses;

(2)

In single-family districts, there shall not be more than one principal building on any one lot, except as may be approved under a special use permit or the planned development process.

(3)

In all districts, every structure erected or altered shall be located on a lot as defined by this UDO and shall not traverse a lot line established by plat or city block designation.

(4)

For all zoning districts, uses shall be allowed, as defined within and by the provisions of this UDO, as uses permitted by right, accessory to the principle use, or by special use permit.

(5)

Any use not specifically permitted by right, as an accessory, or by special use permit shall be prohibited. The director shall be authorized to determine the closest use applicable to the proposed use for regulation purposes.

(6)

The provisions of this UDO shall establish the standards by which all structures in any district shall be used. As an exception, any tract of land in a residential district that does not conform to the area regulations of the district at the time of the adoption of this UDO may be used for a single-family dwelling, provided that all other provisions of this UDO and the general prevailing standards of the neighborhood are met.

(7)

Use limits. Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than as permitted in the zoning district in which it is situated or as permitted in the approved final development plan.

(8)

Height or area limits. Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limits established in the zoning district in which it is situated.

(9)

Reduction of yards/increase in densities. Except as otherwise specifically provided, no lot area shall be reduced or diminished so that the yards or other open spaces will be smaller than prescribed, nor shall the density be increased in any manner that exceeds the applicable district standards or approved development plan.

(10)

Utilities. The following public utility uses are permitted accessory uses in any district: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, regulator, or any other similar distributing equipment subject to requirements relating to utility facilities in article XI and such other applicable regulations. Installation shall conform to applicable federal, state and city rules and regulations. Major installations, such as power substations, radio towers, storage yards, and maintenance centers, shall be subject to zoning district regulations and, pursuant to article IV, require a special use permit.

(11)

In single-family districts, group homes, provided that the exterior appearance of the home and property is of similar bulk and design to surrounding single-family dwellings and further provided that no such home shall be located within one thousand five hundred (1,500) feet of an existing group home or group care facility.

(12)

Sight distance. All corner lots shall provide sight distance triangles in both directions, the short leg of which shall be twenty (20) feet, and the long leg of which shall be one hundred forty (140) feet measured along the curb line or edge of the pavement. Within the area of the triangle there shall be no sight-obscuring or partly obscuring wall, fence, sign or foliage higher than twenty-four (24) inches above curb grade or in the case of trees, foliage lower than six (6) feet when planted. Mature trees shall not have foliage lower than ten (10) feet in the public right-of-way. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest street of the triangle or, if no curb exists, from the edge of the nearest traveled way. These restrictions shall apply to basically level and square intersections. Intersections on grades, curves, or acute angles may require special considerations.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9182, § II, 8-27-07; Ord. No. 9559, § IX, 3-22-10; Ord. No. 9639, § I, 10-25-10)

The agriculture district is to provide for areas for the planting, cultivation, storage and sale of agricultural products, to maintain natural landscapes through the cultivation of indigenous plantings and conservation of wildlife, and to enhance the rural character of the city's edge. The subdivision of land for the purpose of converting agricultural or other undeveloped land to residential use, where the opening of new streets or roadways is contemplated to accomplish this purpose, is not permitted in district A.

(Ord. No. 8804, § I, 4-11-05)

In district A, except as specifically provided in this UDO, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses:

(1)

Detached single-family dwellings;

(2)

Golf courses, except miniature golf courses, driving ranges and other similar activities operated as a business;

(3)

Farming, pastureland and agriculture, except commercial feedlots and stockyards;

(4)

Nurseries and greenhouses;

(5)

Veterinarian facilities; and

(6)

Riding stables.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within district A shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

Lot area: Minimum five (5) acres per lot.

(4)

Lot width: Minimum three hundred (300) feet at building line.

(5)

Lot depth: Minimum one hundred ten (110) feet.

(6)

Yard requirements:

a.

Front yard: Minimum sixty (60) feet.

b.

Rear yard: Minimum one hundred (100) feet.

c.

Side yard: Minimum twenty-five (25) feet each side.

(Ord. No. 8804, § I, 4-11-05)

The suburban residential district is retained in this UDO to maintain large-scale residential properties, transitional landscapes from the conservation of rural lands to conventional residential development, and the rural character of the city's edge.

The rezoning of property to district R-1A is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-1A, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings;

(2)

Golf courses, except miniature golf courses, driving ranges and other similar activities operated as a business; and

(3)

Farming, pastureland and agriculture, except commercial feedlots and stockyards.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-1A shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories, except that on lots having a natural slope, a full 3 stories may be exposed above grade on the downhill side.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

Lot area: Minimum three (3) acres per lot.

(4)

Lot width: Minimum two hundred (200) feet at building line.

(5)

Lot depth: Minimum one hundred ten (110) feet.

(6)

Yard requirements:

a.

Front yard: Minimum sixty (60) feet.

b.

Rear yard: Minimum one hundred (100) feet.

c.

Side yard: Minimum twenty-five (25) feet each side.

(Ord. No. 8804, § I, 4-11-05)

The low-density residential district is retained in this UDO to maintain existing areas of low-density residential development and to maintain the rural character of the city's edge. The rezoning of property to district R-1B is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-1B, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings;

(2)

Farming, pastureland and agriculture, except commercial feedlots and stockyards.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-1B shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or (2½ stories, except that on lots having a natural slope, a full three (3) stories may be exposed above grade on the downhill side.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

Lot area: Minimum sixteen thousand (16,000) square feet per lot.

(4)

Lot width: Minimum one hundred (100) feet at building line

(5)

Lot depth: Minimum one hundred ten (110) feet.

(6)

Yard requirements:

a.

Front yards: Minimum thirty-five (35) feet.

b.

Rear yards: Minimum forty (40) feet.

c.

Side yards: Minimum ten (10) feet each side. Buildings on corner lots shall allow a minimum of twenty-five (25) feet on the side abutting a street.

(Ord. No. 8804, § I, 4-11-05)

The rural conservation district is to provide for the development of rural areas, while preserving and protecting significant agricultural, environmental and open space areas of the city. The purpose of this district shall be to:

(1)

Facilitate the development of sustainable neighborhoods, while protecting sensitive environmental lands, preserving agricultural lands and conserving significant open spaces;

(2)

Preserve the scenic and natural character of lands within the district;

(3)

Provide greater design flexibility and efficiency in the installation of infrastructure and the provision of public services;

(4)

Create an interconnected network of open space that promotes livable, sustainable neighborhoods;

(5)

Provide for the conservation and maintenance of open land within the city to achieve the above-mentioned goals and opportunities for active or passive recreational use by residents; and

(6)

Provide for a diversity of lot sizes, building densities, and housing.

(Ord. No. 8804, § I, 4-11-05)

In district RC, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings;

(2)

Golf courses, except miniature golf courses, driving ranges and other similar activities operated as a business; and

(3)

Farming, pastureland and agriculture, except commercial feedlots and stockyards.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district RC shall be as follows, with allowance for those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories, except that on lots having a natural slope, a full three (3) stories may be exposed above grade on the downhill side.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

A minimum of fifty (50) per cent of the total site shall be reserved for open space or greenways.

(4)

Density: The remaining developable area may have a maximum density of two (2) units per acre.

(5)

Lot area: Minimum five thousand (5,000) square feet.

(6)

Lot width: Minimum fifty (50) feet at building line.

(7)

Lot depth: Minimum ninety (90) feet.

(8)

Street frontage: Minimum forty (40) feet.

(9)

Yard requirements:

a.

Front yard: Minimum thirty (30) feet; garages shall be recessed from or flush to the front elevation.

b.

Rear yard: Minimum thirty (30) feet.

c.

Side yard: Minimum seven (7) feet each. Buildings on corner lots shall allow a minimum of fifteen (15) feet on the side abutting a local street and twenty (20) feet on the side abutting a collector or arterial street.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following provisions:

(1)

The development shall be designed so that fifty (50) per cent of the total site is dedicated by easement as open space or greenway land, which may be used for active recreational facilities, trails, parks, agricultural uses or civic spaces;

(2)

Density shall be calculated by including all portions of the site that are not dedicated by an easement for the required fifty (50) per cent open space or greenway land;

(3)

Wherever possible, connections to existing greenways, trails, and pedestrian facilities shall be made;

(4)

All dwellings shall be oriented to the street upon which they are addressed;

(5)

Wherever possible, lots shall be accessed from interior streets, rather than streets bordering the development;

(6)

Structure design, orientation, and scale shall complement the rural nature and intent of this district;

(7)

Wherever possible, natural mitigation of stormwater runoff, drainage, and erosion control shall be used; and

(8)

Wherever possible, historic resources, existing trails, and significant natural features, including floodplains, wetlands, natural prairies, steep slopes, swales, and tree groves shall remain undisturbed and be incorporated into the open space design.

(Ord. No. 8804, § I, 4-11-05)

The single-family residential district is to provide for quality single-family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs, and developments.

(Ord. No. 8804, § I, 4-11-05)

In district R-1C, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings; and

(2)

Golf courses, except miniature golf courses, driving ranges and other similar activities operated as a business;

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-1C shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories, except that on lots having a natural slope, a full three (3) stories may be exposed above grade on the downhill side.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

Lot area: Minimum eight thousand (8,000) square feet per lot.

(4)

Lot width: Minimum seventy (70) feet at building line.

(5)

Lot depth: Minimum one hundred ten (110) feet.

(6)

Street frontage: Minimum forty (40) feet.

(7)

Yard requirements:

a.

Front yard: Minimum thirty (30) feet.

b.

Rear yard. Minimum thirty (30) feet.

c.

Side yard: Minimum seven (7) feet each. Buildings on corner lots shall allow a minimum of fifteen (15) feet on the side abutting a local street and twenty (20) feet on the side abutting a collector or arterial street.

(Ord. No. 8804, § I, 4-11-05)

The residential neighborhood conservation district is to conserve the residential character of existing neighborhoods in the downtown area. It is intended to promote the preservation and maintenance of older single-family dwellings, while also allowing a variety of uses and density as was originally intended within the downtown area.

(Ord. No. 8804, § I, 4-11-05)

The neighborhood residential district is retained within this UDO to maintain existing areas of quality residential neighborhoods that are compact and walkable, provide public gathering spaces and encourage a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood.

The rezoning of property to district RN is not permitted.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § III, 2-9-09)

The height and area regulations of structures and lots within the district RNC shall be as follows, except for lots of record on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories, except that on lots having a natural slope, a full three (3) stories may be exposed above grade on the downhill side.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

Lot area: Minimum five thousand (5,000) square feet per lot.

(4)

Lot width: Minimum fifty (50) feet at building line.

(5)

Street frontage: Minimum forty (40) feet.

(6)

Lot depth: Minimum ninety (90) feet.

(7)

Yard requirements:

a.

Front yard: Minimum twenty (20) feet.

b.

Rear yard: Minimum twenty (20) feet.

c.

Side yard: Minimum five (5) feet each side. Buildings on corner lots shall allow a minimum of fifteen (15) feet on the side abutting a local street and twenty (20) feet on the side abutting a collector or arterial street.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

New construction shall maintain the visual style and character of the surrounding neighborhood; and

(2)

New construction and additions shall complement the setbacks, building scale, parking, building and garage orientation of the neighborhood.

(Ord. No. 8804, § I, 4-11-05)

The neighborhood residential district is to provide for quality residential neighborhoods that are compact and walkable, provide public gathering spaces and encourage a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood.

(Ord. No. 8804, § I, 4-11-05)

In district RN, no building, structure land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district RN shall be as follows, with allowance for those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories, except that on lots having a natural slope, a full three (3) stories may be exposed above grade on the downhill side.

(2)

Floor area (primary dwelling): Minimum eight hundred sixty-four (864) square feet.

(3)

Lot area: Minimum five thousand (5,000) square feet per lot.

(4)

Lot width: Minimum fifty (50) feet at the building line.

(5)

Lot depth: Minimum ninety (90) feet.

(6)

Street frontage: Minimum forty (40) feet.

(7)

Yard requirements:

a.

Front yard (dwelling): Minimum twenty (20) feet; maximum thirty (30) feet.

b.

Front yard (attached and detached garage): Minimum thirty-five (35) feet.

c.

Rear yard: Minimum twenty (20) feet except in the case where lots are accessed from a rear alley the minimum may be reduced to ten (10) feet.

d.

Side yard: Minimum ten (10) feet on one side and minimum five (5) feet on the other side. Buildings on corner lots shall allow a minimum of fifteen (15) feet on the side abutting a local street and twenty (20) feet on the side abutting a collector or arterial street.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § V, 9-10-07)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Development shall be in the form of compact blocks that promote pedestrian and vehicular connectivity;

(2)

Each lot shall have access to a public park or central gathering places within a (¼)-mile radius;

(3)

Public parks and central gathering places shall be appropriately sized to serve the development;

(4)

Development shall be integrated with adjacent developments;

(5)

To promote a mix of housing styles, lot sizes shall vary within each block;

(6)

The primary entrance to a building shall be oriented to the street;

(7)

Elevating the primary entrance of the structure above street-level grade, so as to be vertically separated from the street, is encouraged; and

(8)

Alleys are encouraged.

(Ord. No. 8804, § I, 4-11-05)

The two-family residential district is retained within this UDO to maintain existing areas of duplexes and to provide for affordable and diverse housing options.

The rezoning of property to district R-2 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-2, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings;

(2)

Two-family dwellings, commonly referred to as duplexes.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-2 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories, except that on lots having a natural slope, a full three (3) stories may be exposed above grade on the downhill side.

(2)

Lot area: Minimum eight thousand (8,000) square feet per lot for single-family dwellings; minimum four thousand(4,000) square feet per dwelling for two-family dwellings.

(3)

Lot width: Minimum seventy (70) feet at building line, except that two-family dwellings, which otherwise comply with the codes and ordinances of the city, may be divided by a lot split application as separate dwelling units under separate ownership and such ownership shall not constitute a violation of the lot and yard requirements of this UDO.

(4)

Lot depth: Minimum one hundred ten (110) feet.

(5)

Street frontage: Minimum 40 feet.

(6)

Yard requirements:

a.

Front yard: Minimum thirty-five (35) feet.

b.

Rear yard: Minimum thirty (30) feet.

c.

Side yard: Minimum total twenty (20) feet with no side yard less than eight (8) feet. Buildings on corner lots shall allow a minimum of fifteen (15) feet on the side abutting a local street and twenty (20) feet on the side abutting a collector or arterial street.

(Ord. No. 8804, § I, 4-11-05)

The one-family residential cluster district is retained within this UDO to maintain existing cluster development and to provide for affordable and diverse housing options.

The rezoning of property to district R-3 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-3, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-3 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum two and one-half (2½) stories.

(2)

Lot area: Minimum seven thousand two hundred sixty (7,260) square feet per dwelling unit.

(3)

Lot depth: Minimum one hundred ten (110) feet.

(4)

Street frontage: Minimum forty (40) feet.

(5)

Yard requirements:

a.

Front yard: Minimum thirty-five (35) feet.

b.

Rear yard: Minimum ten (10) feet, except that lots abutting the street shall have a minimum of twenty-five (25) feet.

c.

Side yard: Minimum ten (10) feet. Buildings on corner lots shall allow a minimum of fifteen (15) feet on the side abutting a local street and twenty (20) feet on the side abutting a collector or arterial street.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § VI, 9-10-07)

The residential townhouse district is retained within this UDO to maintain areas of existing townhouse development and to provide for affordable and diverse housing options.

The rezoning of property to district R-4 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-4, no building, structure, land or premises shall be used and no structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Attached single-family dwellings and townhouses.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-4 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum thirty-five (35) feet or two and one-half (2½) stories.

(2)

Lot area: Minimum four thousand three hundred fifty-six (4,356) square feet per dwelling unit.

(3)

Lot depth: Minimum one hundred ten (110) feet.

(4)

Street frontage: Minimum forty (40) feet.

(5)

Yard requirements:

a.

Front yard: Minimum thirty-five (35) feet.

b.

Rear yard: Minimum twenty-five (25) feet.

c.

Side yard: Minimum twenty-five (25) feet.

(Ord No. 8804, § I, 4-11-05)

Townhouse units shall be side-by-side and shall be constructed in accordance with the following provisions:

(1)

A minimum of thirty (30) per cent of the lot area shall be composed of open space, greenway or permeable surfaces;

(2)

The primary entrance to a building shall be oriented towards the street; and

(3)

Garages, both attached and detached, and all other accessory structures shall be located in the rear yard.

(Ord. No. 8804, § I, 4-11-05)

The residential garden apartment district is to provide areas of the city for garden apartments and other multi- and single-family residential structures and to provide for the new development of affordable and diverse housing options.

(Ord. No. 8804, § I, 4-11-05)

In district R-5, no building, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Attached single-family dwellings;

(2)

Multi-family dwellings.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-5 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum three (3) stories.

(2)

Lot area: Minimum three thousand five hundred (3,500) square feet per dwelling unit.

(3)

Lot depth: Minimum one hundred ten (110) feet.

(4)

Street frontage: Minimum forty (40) feet.

(5)

Yard requirements:

a.

Front yard: Minimum twenty (20) feet.

b.

Rear yard: Minimum ten (10) feet to a property line or minimum twenty-five (25) feet to a public street.

c

Side yard: Minimum ten (10) feet to a property line or minimum twenty-five (25) feet to a public street.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

The site shall be designed to permit maximum use of outdoor open space and have a high degree of landscaping;

(2)

The preservation of natural vegetation, protection of natural drainage areas, and the inclusion of open space and recreation opportunities shall be used wherever possible, to create a more attractive development;

(3)

The primary entrance to a building shall be oriented to the street;

(4)

Wherever possible, buildings shall be built to the minimum front yard setback;

(5)

A minimum of thirty (30) per cent of the lot area shall be composed of open space, greenway, or permeable surfaces; and

(6)

Garages and all other accessory structures shall be located in the rear yard.

(Ord. No. 8804, § I, 4-11-05)

The low-rise apartment district is retained within this UDO to maintain existing areas of low-rise apartments and provide for affordable and diverse housing options.

The rezoning of property to district R-6 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-6, no building, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Attached single-family dwellings;

(2)

Multi-family dwellings, including garden apartments and apartment buildings.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-6 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum forty (40) feet or three (3) stories.

(2)

Lot area: Minimum two thousand seven hundred (2,700) square feet per dwelling unit.

(3)

Lot width: Minimum one hundred fifty (150) feet at building line.

(4)

Lot depth: Minimum one hundred ten (110) feet.

(5)

Street frontage: Minimum forty (40) feet.

(6)

Yard requirements:

a.

Front yard: Minimum thirty-five (35) feet.

b.

Side yard: Minimum ten (10) feet. Buildings on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet.

c.

Rear yard: Minimum thirty (30) feet.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § VII, 9-10-07)

Attached single-family dwellings shall be constructed in accordance with the following provisions:

(1)

A minimum of thirty (30) per cent of the lot area shall be composed of open space, greenway, or permeable surfaces;

(2)

The primary entrance shall be oriented towards the street; and

(3)

Garages, both attached and detached, and all other accessory structures shall be located in the rear yard.

(Ord. No. 8804, § I, 4-11-05)

The high-rise apartment district is retained within this UDO to maintain existing areas of high-rise apartments and provide for affordable and diverse housing options.

The rezoning of property to district R-7 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district R-7, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Attached single-family dwellings;

(2)

Multi-family dwellings, including apartment buildings.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district R-7 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Minimum two (2) stories and maximum twelve (12) stories.

(2)

Lot area: Minimum one thousand (1,000) square feet per dwelling unit.

(3)

Lot width: No minimum.

(4)

Lot depth: Minimum one hundred ten (110) feet.

(5)

Street frontage: Minimum forty (40) feet.

(6)

Yard requirements:

a.

Front yard: Minimum thirty-five (35) feet.

b.

Side yard: Minimum equal to one-half (½) the height of the building.

c.

Rear yard: Minimum thirty (30) feet.

(Ord. No. 8804, § I, 4-11-05)

Attached single-family dwellings shall be constructed in accordance with the following provisions:

(1)

A minimum of thirty (30) per cent of the lot area shall be composed of open space, greenway, or permeable surfaces;

(2)

The dwelling shall be oriented towards the street; and

(3)

Garages and all other accessory structures shall be located in the rear yard.

(Ord. No. 8804, § I, 4-11-05)

The mobile home park district is retained to maintain existing mobile home parks and land on which existing mobile homes are located.

The rezoning of property to district RMP is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district RMP, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Detached single-family dwellings;

(2)

Attached single-family dwellings;

(3)

Multi-family dwellings, including apartment buildings;

(4)

Accessory maintenance and office facilities and recreational facilities for park residents only.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district RMP shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Park area: Minimum ten (10) acres.

(2)

Street frontage: Minimum forty (40) feet.

(3)

Lot depth: Minimum one hundred ten (110) feet.

(4)

Density: Maximum five (5) units per acre.

(5)

Yard requirements:

a.

Front yard: As determined by the commission and set out on the final plat.

b.

Rear yard: Not less than fifteen (15) feet of open space shall be provided between mobile homes.

c.

Side yard: Not less than fifteen (15) feet of open space shall be provided between mobile homes. There shall be a minimum of thirty-six (36) feet of open space between a mobile home and the back of curb of any street adjacent to a corner lot.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Each mobile home pad shall provide anchorage or tie down as set out in the Environmental Health Guide of Mobile Home Communities, to prevent uplift and overturn of the mobile home;

(2)

Each mobile home shall be skirted by enclosing the open area under the unit within seven (7) days after placement in the park;

(3)

A mobile home shall not be located closer than five (5) feet to an electrical pedestal;

(4)

Additions attached to mobile homes shall be subject to the review of the director;

(5)

One detached accessory storage building may be located on each mobile home site, and shall be located a minimum of twenty (20) feet from any street and a minimum of ten (10) feet from any mobile home or other structure;

(6)

The following minimum facilities shall be provided:

a.

A paved concrete individual walkway not less than three (3) feet wide from each mobile home pad to a paved driveway or public street;

b.

All areas not covered by buildings or paved areas shall be landscaped and such landscaping shall be continuously maintained;

(7)

Office, recreational and service buildings shall not exceed two (2) stories or more than twenty-five (25) feet in height;

(8)

Underground utility installations shall be provided; and

(9)

A landscaping area of not less than five (5) feet wide, not located within a mobile home site, shall be provided adjacent to all property lines forming the boundary of a mobile home park, excepting the necessary drives or streets entering the park, which landscaping may include a chain link fence or other fence and/or continuous planting of hedge, shrubbery or trees, or a combination of plantings to fill the required 5-foot area.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

A resident manager shall be responsible for the park at all times.

(2)

All outside storage shall be prohibited, except for vehicular parking, miscellaneous items within approved storage units or beneath skirted mobile homes.

(3)

Utility supply and hookups shall be made available to each mobile home.

(4)

The director of public works shall approve connection with the general sewer system.

(5)

No use shall be made of the sewer system unless and until it is connected to an approved sewage disposal system.

(6)

The director is hereby authorized and directed to conduct inspections as are necessary to determine compliance with this UDO and regulations issued hereunder. It shall be the duty of the owners or occupants of mobile home parks or of the person in charge thereof, to give the director free access to such premises at reasonable times for the purpose of inspection.

(7)

The resident manager of any mobile home park shall maintain a register containing the names and addresses of all mobile home occupants permitted to use the park.

(Ord. No. 8804, § I, 4-11-05)

The purpose of the planned development district is to facilitate the development of unique, large scale or mixed use developments, or for the development of difficult sites due to topographical or other environmental considerations. The PD district allows a mix of land uses, densities, setbacks, and building heights for a defined area. This zoning district is intended to encourage innovative and creative design and to facilitate a mix of uses in the development of a balanced community. The PD land use designation shall require approval of a preliminary development plan in order to provide general development goals for the property. The PD zoning district shall clearly define the purpose and intent of the property and its development limitations or allowances.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9735, § I, 6-13-2011)

In district PD, any land use may be permitted if such use or uses can be shown to provide an orderly relation and function to other uses in the development and to existing land uses, as well as with regard to the comprehensive plan of the City of Liberty. The permitted use or uses of property located in the planned development shall be determined at the time the PD zoning district and preliminary development plan is approved, and development within that PD district shall be limited to those uses specifically requested as part of the application and approved by the planning and zoning commission and city council. Any addition of uses, change of plans, or increase in size or density shall require a separate application for amendment to the original approved development plan and shall follow the same process as any other development plan amendment.

(Ord. No. 9735, § II, 6-13-2011)

Minimum parking, height, setback, and area regulations shall be specified for the overall site with regard to those limitations established on similar uses in other City of Liberty zoning districts and with regard to compatibility with surrounding development. Varied regulations for any aspect may be established.

(Ord. No. 9735, § III, 6-13-2011)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Planned residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities and safer and more attractive neighborhoods than conventional zoning and development techniques.

(2)

Planned commercial developments should be designed so as to result in attractive, viable and safe centers and clusters, as opposed to strip patterns along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs should be exercised to soften the impact on nearby residential neighborhoods, and to assure minimum adverse affects on the street system and other services of the community.

(3)

Planned industrial developments should be designed to promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and a coordinated physical plan, to buffer adjacent residential areas with landscaped open space.

(4)

Planned mixed-use developments should be designed to encourage innovative neighborhoods and communities with a mix of residential and nonresidential uses. Such developments integrate a variety of land uses within close proximity to each other and offer a greater variety in type, design and layout of those uses. Planned mixed-use developments are intended as an alternative to conventional, modern, use-segregated developments for select areas of the community. However, existing characteristics and development patterns must be examined before determining if a mixed-use development is appropriate near conventional developments. Planned mixed-use zoning districts are intended as the method of integrating "nonresidential" uses into areas identified as "residential" by the comprehensive plan. However, site design, proposed uses, nearby zoning and land uses, the character of the surrounding area, and a variety of other factors shall always be considered in determining if a mixed-use development is appropriate for a given residential area.

(Ord. No. 9735, § IV, 6-13-2011)

The mixed-use district is retained within this UDO to maintain existing quality areas that include a blend of civic, commercial, office, and residential uses. The MU district is intended to act as the high density and commercial center for the RN, neighborhood residential district and to encourage innovative land planning and design by allowing greater flexibility in development standards and by obtaining greater economic vitality, higher standards of site and building design, and a high level of environmental sensitivity.

The rezoning of property to district MU is not permitted.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § IV, 2-9-09)

In district MU, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Mixed-use buildings that may include residential loft space;

(2)

Attached single-family dwellings;

(3)

Multi-family dwellings, including apartment buildings; and

(4)

Business uses.

(Ord. No. 8804, § I, 4-11-05)

The height and area regulations of structures and lots within the district MU shall be as follows, with allowance for those exceptions provided in Article X:

(1)

Height: Maximum four (4) stories.

(2)

Yard requirements:

a.

Front yard: No front yard setback is required, except that attached single family and multi-family dwellings shall have a minimum 10-foot front yard setback.

b.

Rear yard: No rear yard setback is required.

c.

Side yard: No side yard setback is required unless the adjacent building is setback from the same property line, in which case there shall be no less than three (3) feet separation between buildings.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Development shall be in the form of compact blocks that promotes pedestrian and vehicular connectivity;

(2)

Appropriately sized central gathering places shall be incorporated into the development;

(3)

Development shall be integrated with adjacent developments;

(4)

Wherever possible, buildings shall be built to the minimum front yard setback;

(5)

The primary entrance to a building shall be oriented to the street;

(6)

Sites should be designed with an emphasis on promoting a pedestrian friendly environment;

(7)

Sites should incorporate a mix of building types;

(8)

Buildings shall be constructed primarily of traditional building materials and designed with a high degree of architectural character and detail;

(9)

Street facing elevations shall include architectural detailing and transparent windows;

(10)

Residential structures that are built to the property line should be elevated three (3) feet above street-level grade, so as to be vertically separated from the street;

(11)

Off-street parking and garages shall be located at the rear of buildings;

(12)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear of the building and screened;

(13)

Street furnishings and plantings shall be incorporated into the development;

(14)

Mixed-use buildings with street-level retail uses are encouraged;

(15)

On-street parking is encouraged; and

(16)

Alleys are encouraged.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § VIII, 9-10-07)

Buildings and sites shall be used in accordance with the following standards:

(1)

Auto-oriented uses and sites designed for auto-oriented services such as, but not limited to, car washes, vehicle repair and service centers, and businesses with drive-through service are not permitted;

(2)

Any debris, odor, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public;

(3)

Merchandise and equipment shall not be sold, stored or displayed outside a building, except as otherwise permitted herein;

(4)

The daily display of merchandise shall be allowed, in accordance with the following provisions:

a.

Displays shall be set up only during normal business hours and in no case shall overnight displays be allowed;

b.

Displays shall not be located within ten (10) feet of any entrance or exit;

c.

Displays shall not impede pedestrian or vehicular access to the building or site;

d.

Displays shall be well-kept and orderly;

e.

For displays located on public right-of-way, the property owner shall provide proof of liability insurance to the city; and

(5)

Residential buildings shall not be converted for business purpose.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § IX, 9-10-07)

The Traditional Neighborhood Development Code is for all intents and purposes incorporated in this chapter as though fully set out herein and is hereby adopted as the official code for the traditional neighborhood development district, and all provisions thereof shall be in full force and effect in this city in a form to be permanently retained as a part of the official records of this city on file in the office of the deputy city clerk and to be construed, applied and enforced.

(Ord. No. 9076, § II, 1-8-07)

The non-retail business district is provided for the development of high-quality office space and accessory commercial uses.

(Ord. No. 8804, § I, 4-11-05)

In district C-O, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Non-retail business uses that may include residential loft space; and

(2)

retail business uses that primarily serve nearby business uses.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § X, 9-10-07)

The height and area regulations of structures and lots within the CO district shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum three (3) stories.

(2)

Yard requirements:

a.

Front yard: Minimum thirty (30) feet.

b.

Rear yard: Minimum thirty (30) feet.

c.

Side yard: Minimum fifteen (15) feet.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Buildings should be designed with a high degree of architectural character;

(2)

Dwellings shall be located at least one floor above street level and have an entrance separate from that of the lower level;

(3)

Street-facing elevations shall be highly articulated with transparent windows and elements designed at a pedestrian scale; and

(4)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear of the building and screened.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

Retail uses shall be primarily to serve the users of adjacent offices except that goods may be sold in connection with the professional office, such as prescriptions and medical devices sold in a medical practice;

(2)

Conversion of a building designed and constructed for residential use may be converted into an office or other non-retail business, in accordance with an approved final development plan;

(3)

Merchandise or equipment shall not be sold, stored or displayed outside a building;

(4)

Sales of, or otherwise handling of, insurance, stocks and bonds, real estate and similar services are permitted on the premises with unlimited contact with the customer; and

(5)

Equipment commonly used for commercial or industrial purposes shall not be kept on the premises outside a building.

(Ord. No. 8804, § I, 4-11-05)

The neighborhood business district is to provide for the development of commercial enterprises integrated into neighborhood conservation residential districts, mixed-use districts and neighborhood residential districts. The primary goal of the district is to create human scaled commercial districts within walking distance to residential neighborhoods with a mix of uses and higher densities. The design of these areas should encourage people to work, live, and play in this district.

(Ord. No. 8804, § I, 4-11-05)

In district C-1, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Commercial, retail and office services; and

(2)

Mixed-use buildings that may include residential loft space.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9416, § V, 2-9-09)

The height and area regulations of structures and lots within the district C-1 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum three (3) stories.

(2)

Building footprint area: Maximum fifty thousand (50,000) square feet.

(3)

Yard requirements:

a.

Front yard: Minimum fifteen (15) feet.

b.

Rear yard: No rear yard is required, except where a rear yard of a lot in this district abuts land in a district R-1A to CO inclusive, a minimum rear yard of twenty-five (25) feet shall be required.

c.

Side yard: For one- and two-story buildings no side yard is required except where a side yard of a lot in this district abuts land in a district R-1A to CO inclusive, a minimum side yard equal to the side yard of the abutting district shall be required. A side yard of fifteen (15) feet shall be required on the street side of any corner lot.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Multi-story mixed-use buildings with street level retail uses are encouraged;

(2)

Dwellings shall be located at least one floor above street level and have an entrance separate from that of the lower level;

(3)

Development shall be in the form of compact blocks that promote pedestrian and vehicular connectivity;

(4)

Appropriately sized central gathering places should be incorporated into the development;

(5)

Development shall be integrated with adjacent developments;

(6)

Wherever possible, buildings shall be built to the minimum front yard setback;

(7)

The primary entrance to a building shall be oriented to the street;

(8)

Buildings shall be designed with a high degree of architectural character and detail;

(9)

Street-facing elevations shall include architectural detailing and transparent windows;

(10)

Development shall be designed to minimize potential adverse effects from lighting or traffic on adjacent property;

(11)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear of the building and screened;

(12)

Wherever possible, off-street parking should not be located along the street or drive that serves the development;

(13)

Auto-oriented uses and sites designed for auto-oriented services such as, but not limited to, car washes, vehicle repair and service centers, and businesses with drive-thru service, shall be permitted, in accordance with the following provisions:

a.

The number of these uses shall be determined by the number of intersections of two (2) public streets included in the development; and

b.

Auto-oriented elements such as, but not limited to, garage doors, gasoline pumps, and drive-thru lanes and windows shall not be located along primary elevations of the building and shall be designed in a manner to de-emphasize their view from the public street;

(14)

On-street parking is encouraged; and

(15)

Street furnishings and plantings should be incorporated into the development.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

Wholesale sales or warehousing shall not be permitted;

(2)

Merchandise or equipment shall not be sold or stored outside a building, except as otherwise permitted herein. Nurseries and greenhouses shall be allowed to sell and store their yard and garden supplies outdoors in an orderly and well-kept manner. In no case, shall a nursery or greenhouse be permitted to store landscape service or maintenance equipment outdoors;

(3)

The seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations, and decorative items, and the daily display of merchandise shall be allowed, in accordance with the following provisions:

a.

Daily displays shall be set up only during normal business hours, except that in no case shall overnight displays be allowed with the exception of seasonal merchandise;

b.

Long-term storage of products shall be prohibited;

c.

Displays shall not alter the appearance of the building;

d.

Displays shall not be located within ten (10) feet of the primary entrance or exit;

e.

Displays shall be located wholly on privately owned property, with the owner's permission;

f.

Displays shall not impede pedestrian or vehicular access to the building or site; and

g.

Displays shall be well-kept and orderly;

(4)

Any debris, smell, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public.

(5)

Standards for marijuana dispensaries. No building shall be constructed, altered, or used for a marijuana dispensary without complying with the following regulations:

a.

Buffer requirement. No marijuana dispensary shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church. Measurements shall be made as described within section 30-17, definitions, marijuana buffer measurement.

b.

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

c.

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary.

d.

Hours of operation. All marijuana dispensaries shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m. Except for a contractor, hired by the facility to perform specific work for the facility, no one not employed by the dispensary shall be present in such facility at any time closed to the public.

e.

Display of licenses required. The marijuana license issued by the State of Missouri and any applicable City of Liberty business license shall be displayed in an open and conspicuous place on the premises.

f.

Residential dwelling units prohibited. No marijuana dispensary shall be located in a building that contains a residence.

g.

Ventilation required. All marijuana dispensaries shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

h.

Site plan review required. Any plans for a marijuana dispensary facility shall meet the development plan and construction requirements outlined in the unified development ordinance and the most recently adopted International Building Codes and International Fire Codes.

i.

Additional requirements. All marijuana dispensary facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 11121, § III, 7-8-19; Ord. No. 11978, § III, 10-14-24)

The general business district is provided for the development of commercial enterprises that may be auto-oriented in use or design. These uses should be destination retail and commercial spaces that provide essential business, retail, and services to the community and region and provide a diversified economy for the greater Liberty area.

(Ord. No. 8804, § I, 4-11-05)

In district C-2, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except commercial, retail and office services.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XI, 9-10-07; Ord. No. 9416, § VI, 2-9-09)

The height and area regulations of structures and lots within the district C-2 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum three (3) stories in height.

(2)

Yard requirements:

a.

Front yard: Minimum fifteen (15) feet.

b.

Rear yard: No rear yard is required, except where a rear yard of a lot in this district abuts land in a district R-1A to CO inclusive, a minimum rear yard of twenty-five (25) feet shall be required.

c.

Side yard: No side yard, is required except that where a side yard of a lot in this district abuts land in a district R-1A to CO inclusive, a minimum side yard equal to the side yard of the abutting district shall be required.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

New and infill development should not encroach into existing residential neighborhoods or neighborhood commercial districts;

(2)

Buildings should be designed with attention to architectural character and detail;

(3)

Street-facing elevations shall be highly articulated with transparent windows and elements designed at a pedestrian scale;

(4)

Sites should be fully accessible to vehicular, non-motorized, and pedestrian traffic;

(5)

Entryways into the development and sites should be articulated using landscaping and other elements of good design;

(6)

Drive-thru service, may be provided, except for the service of alcohol products and alcoholic beverages;

(7)

Development shall be designed to minimize potential adverse effects from lighting or traffic on adjacent property;

(8)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear of the building and screened; and

(9)

Wherever possible, off-street parking should be dispersed throughout the site.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

All merchandise shall be stored or displayed within a building, except as otherwise permitted herein and that automobiles, trucks or vehicles for sale may be stored or displayed outside a building but not within ten (10) feet of a street line;

(2)

All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property;

(3)

The seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations, and decorative items, and the daily display of merchandise shall be allowed, in accordance with the following provisions:

a.

Daily displays shall be set up only during normal business hours, except that in no case shall overnight displays be allowed with the exception of seasonal merchandise;

b.

Long-term storage of products shall be prohibited;

c.

Displays shall not alter the appearance of the building;

d.

Displays shall not be located within ten (10) feet of the primary entrance or exit;

e.

Displays shall be located wholly on privately owned property, with the owner's permission;

f.

Displays shall not impede pedestrian or vehicular access to the building or site; and

g.

Displays shall be well-kept and orderly;

(4)

Any debris, smell, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public.

(5)

Standards for marijuana dispensaries. No building shall be constructed, altered, or used for a marijuana dispensary without complying with the following regulations:

a.

Buffer requirement. No marijuana dispensary shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church. Measurements shall be made as described within section 30-17, definitions, marijuana buffer measurement.

b.

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

c.

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary.

d.

Hours of operation. All marijuana dispensaries shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m. Except for a contractor, hired by the facility to perform specific work for the facility, no one not employed by the dispensary shall be present in such facility at any time closed to the public.

e.

Display of licenses required. The marijuana license issued by the State of Missouri and any applicable City of Liberty business license shall be displayed in an open and conspicuous place on the premises.

f.

Residential dwelling units prohibited. No marijuana dispensary shall be located in a building that contains a residence.

g.

Ventilation required. All marijuana dispensary facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

h.

Site plan review required. Any plans for a marijuana dispensary facility shall meet the development plan and construction requirements outlined in the unified development ordinance and the most recently adopted International Building Codes and International Fire Codes.

i.

Additional requirements. All marijuana dispensary facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 11121, § III, 7-8-19; Ord. No. 11978, § IV, 10-14-24)

The highway business district is retained within this UDO to maintain existing commercial enterprises that are auto-oriented in use or design.

The rezoning of property to district C-3 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district C-3, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except commercial, retail and office services.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XII, 9-10-07; Ord. No. 9416, § VII, 2-9-09)

The height and area regulations of structures and lots within the district C-3 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum three (3) stories.

(2)

Yard requirements:

a.

Front yard: Minimum fifteen (15) feet.

b.

Rear yard: No rear yard required, except that when a rear yard abuts a lot in a district R-1A to CO inclusive, a minimum twenty-five (25) feet shall be required.

c.

Side yard: No side yard is required, except that where a side yard of a lot in this district abuts land in a district R-1A to CO inclusive, a minimum side yard equal to the abutting district shall be required.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

New and infill development should not encroach into existing residential neighborhoods or neighborhood commercial districts;

(2)

Buildings should be designed with attention to architectural character and detail;

(3)

Street-facing elevations shall be highly articulated with transparent windows and elements designed at a pedestrian scale;

(4)

Sites should be fully accessible to vehicular, non-motorized, and pedestrian traffic;

(5)

Entryways into the development and sites should be articulated using landscaping and other elements of good design; and

(6)

Drive-thru service, may be provided, except for the service of alcohol products and alcoholic beverages;

(7)

Development shall be designed to minimize potential adverse effects from lighting or traffic on adjacent property;

(8)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear of the building and screened; and

(9)

Wherever possible, off-street parking should be dispersed throughout the site.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

All merchandise shall be stored or displayed within a building, except as otherwise permitted herein. Automobiles, trucks or vehicles for sale may be stored or displayed outside a building but not within ten (10) feet of a street line;

(2)

All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property;

(3)

The seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations, and decorative items, and the daily display of merchandise shall be allowed, in accordance with the following provisions:

a.

Daily displays shall be set up only during normal business hours, except that in no case shall overnight displays be allowed with the exception of seasonal merchandise;

b.

Long-term storage of products shall be prohibited;

c.

Displays shall not alter the appearance of the building;

d.

Displays shall not be located within ten (10) feet of the primary entrance or exit;

e.

Displays shall be located wholly on privately owned property, with the owner's permission;

f.

Displays shall not impede pedestrian or vehicular access to the building or site; and

g.

Displays shall be well-kept and orderly.

(4)

Any debris, smell, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public.

(5)

Standards for marijuana dispensaries. No building shall be constructed, altered, or used for a marijuana dispensary without complying with the following regulations:

a.

Buffer requirement. No marijuana dispensary shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church. Measurements shall be made as described within section 30-17, definitions, marijuana buffer measurement.

b.

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

c.

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary.

d.

Hours of operation. All marijuana dispensaries shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m. Except for a contractor, hired by the facility to perform specific work for the facility, no one not employed by the dispensary shall be present in such facility at any time closed to the public.

e.

Display of licenses required. The marijuana license issued by the State of Missouri and any applicable City of Liberty business license shall be displayed in an open and conspicuous place on the premises.

f.

Residential dwelling units prohibited. No marijuana dispensary shall be located in a building that contains a residence.

g.

Ventilation required. All marijuana dispensary facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

h.

Site plan review required. Any plans for marijuana dispensary facility shall meet the development plan and construction requirements outlined in the unified development ordinance and the most recently adopted International Building Codes and International Fire Codes.

i.

Additional requirements. All marijuana dispensary facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 11121, § III, 7-8-19; Ord. No. 11978, § V, 10-14-24)

The central business district is to provide for the development of high density, compact, pedestrian-oriented shopping, office, service, and entertainment areas. The district is intended to accommodate a wide range of retail, service, office and residential uses.

(Ord. No. 8804, § I, 4-11-05)

In district CBD, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Business uses; and

(2)

Mixed-use buildings that may include residential loft space.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XIII, 9-10-07)

The height and area regulations of structures and lots within the district CBD shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum three (3) stories.

(2)

Yard requirements:

a.

Front yard: No front yard is required.

b.

Rear yard: No rear yard is required.

c.

Side yard: No side yard is required, except where an existing structure adjacent to the proposed building is located less than three (3) feet from its property line, a minimum three (3) feet side yard shall be required.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Development shall be in the form of compact blocks that promote pedestrian and vehicular connectivity;

(2)

Development should contribute to the character of the surrounding area;

(3)

Appropriately sized central gathering places shall be incorporated into the development;

(4)

Development shall be integrated with adjacent developments;

(5)

Wherever possible, buildings shall be built to the minimum front yard setback;

(6)

The primary entrance to a building shall be oriented to the street;

(7)

Buildings shall be constructed primarily of traditional building materials and designed with a high degree of architectural character and detail;

(8)

Street-facing elevations shall include architectural detailing and transparent windows;

(9)

Sites should be designed with an emphasis on promoting a pedestrian friendly environment;

(10)

Sites should incorporate a mix of building types;

(11)

Off-street parking and garages shall be located at the rear of buildings;

(12)

Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear of the building and screened;

(13)

Street furnishings and plantings shall be incorporated into the development;

(14)

Mixed-use buildings with street-level retail uses are encouraged;

(15)

Dwellings shall be located at least one floor above street level and have an entrance separate from that of the lower level;

(16)

On-street parking is encouraged; and

(17)

Alleys are encouraged.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

Drive-thru service is not permitted;

(2)

Any debris, odor, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public;

(3)

Merchandise and equipment shall not be sold, stored or displayed outside a building, except as otherwise permitted herein;

(4)

The daily display of merchandise shall be allowed, in accordance with the following provisions:

a.

Displays shall be set up only during normal business hours, except that in no case shall overnight displays be allowed;

b.

Displays shall not be located within ten (10) feet of any entrance or exit;

c.

Displays shall not impede pedestrian or vehicular access to the building or site;

d.

Displays shall be well-kept and orderly; and

e.

For displays located on public rights-of-way, the property owner shall provide proof of liability insurance to the city.

(5)

Standards for marijuana dispensaries. No building shall be constructed, altered, or used for a medical marijuana dispensary without complying with the following regulations:

a.

Buffer requirement. No marijuana dispensary shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church. Measurements shall be made as described within section 30-17, definitions, marijuana buffer measurement.

b.

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

c.

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary.

d.

Hours of operation. All marijuana dispensaries shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m. Except for a contractor, hired by the facility to perform specific work for the facility, no one not employed by the dispensary shall be present in such facility at any time closed to the public.

e.

Display of licenses required. The marijuana license issued by the State of Missouri and any applicable City of Liberty business license shall be displayed in an open and conspicuous place on the premises.

f.

Residential dwelling units prohibited. No marijuana dispensary shall be located in a building that contains a residence.

g.

Ventilation required. All marijuana dispensary facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

h.

Site plan review required. Any plans for a marijuana dispensary facility shall meet the development plan and construction requirements outlined in the unified development ordinance and the most recently adopted International Building Codes and International Fire Codes.

i.

Additional Requirements. All marijuana dispensary facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 11121, § III, 7-8-19; Ord. No. 11978, § VI, 10-14-24)

The central business service district is retained within this UDO to maintain the transitional commercial area around the central business district.

The rezoning of property to district CBS is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district CBS, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Business uses; and

(2)

Mixed-use buildings that may include residential loft space.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XIV, 9-10-07)

The height and area regulations of structures and lots within the district CBS shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum two (2) stories.

(2)

Building footprint area: Maximum thirty thousand (30,000) square feet.

(3)

Yard requirements:

a.

Front yard: No front yard is required.

b.

Rear yard: No rear yard is required, except where a rear yard of a lot in this district abuts land in district R-1A to CO inclusive, a minimum twenty-five (25) feet shall be required.

c.

Side yard: No side yard is required, except where a side yard of a lot in this district abuts land in a district R-1A to CO inclusive, a minimum side yard equal to that district shall be required.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Auto-oriented uses and sites designed for auto-oriented services such as, but not limited to, vehicle repair and service centers, and businesses with drive-thru service, shall be permitted, in accordance with the following provisions:

a.

These uses shall be located at the intersection of two (2) public streets; and

b.

Auto-oriented elements such as, but not limited to, garage doors, gasoline pumps, and drive-thru lanes and windows shall not be located along primary elevations of the building and shall be designed in a manner to de-emphasize their view from the public street;

(2)

The site shall be designed to minimize potential adverse effects from lighting or traffic on adjacent property;

(3)

Utilitarian areas, such as loading docks, mechanical equipment, storage areas and trash enclosures, shall be located at the rear of the building and screened;

(4)

Buildings should be designed with a high degree of architectural character and detail; and

(5)

Street-facing elevations shall be highly articulated with transparent windows and elements designed at a pedestrian scale.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10519, § III, 2-8-16)

Buildings and sites shall be used in accordance with the following standards:

(1)

Wholesale sales or warehousing shall not be permitted;

(2)

Merchandise or equipment shall not be sold or stored outside a building, except that the seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations, and decorative items, and the daily display of merchandise shall be allowed, in accordance with the following provisions:

a.

Daily displays shall be set up only during normal business hours, except that in no case shall overnight displays be allowed with the exception of seasonal merchandise;

b.

Long-term storage of products shall be prohibited;

c.

Displays shall not alter the appearance of the building;

d.

Displays shall not be located within ten (10) feet of the primary entrance or exit;

e.

Displays shall be located wholly on privately owned property, with the owner's permission;

f.

Displays shall not impede pedestrian or vehicular access to the building or site; and

g.

Displays shall be well-kept and orderly.

(3)

Any debris, smell, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public.

(Ord. No. 8804, § I, 4-11-05)

The business park district is to provide for the development of a mix of land uses within a single coordinated project, approved in accordance with a final development plan. The district allows for a range of land uses including limited commercial services, research, administrative facilities, distribution, warehousing and light manufacturing uses. Business parks shall generally be located on large sites and shall conform to a strict set of development criteria and performance standards.

(Ord. No. 8804, § I, 4-11-05)

In district BP, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:

(1)

Retail business uses that primarily serve nearby non-retail business uses;

(2)

Offices and light manufacturing facilities; and

(3)

Distribution and warehousing facilities.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XV, 9-10-07; Ord. No. 9640, § I, 10-25-10)

The height and area regulations of structures and lots within the district BP shall be as follows, except for lots of record existing on the effective date of this and those exceptions provided in Article X:

(1)

Development size: Minimum twenty (20) acres.

(2)

Lot size: Minimum one acre.

(3)

Yard requirements:

a.

Front yard: Minimum twenty (20) feet.

b.

Rear yard: Minimum twenty (20) feet.

c.

Side yard: Minimum twenty (20) feet or the height of the buildings, whichever is greater.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

The development shall be designed so that forty (40) per cent of the total site is dedicated by easement in perpetuity as open space, which may be used for active recreational facilities, trails, parks, and civic spaces on a case-by-case basis in accordance with the approved development plan;

(2)

All required yards should be provided as landscaped open space;

(3)

All company service vehicles, fleet trucks, etc. used in conjunction with a permitted use shall be stored overnight inside of a structure where they are not visible from a public street or shall be screened with a landscape buffer;

(4)

Buildings should be designed with a high degree of architectural character and detail;

(5)

Street-facing elevations shall be highly articulated with transparent windows and elements designed at a pedestrian scale and all buildings shall have a finished facade on any side of the building abutting a public street; and

(6)

Utilitarian areas, such as loading docks, mechanical equipment, storage areas and trash enclosures, shall be located at the rear of the building and screened.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

Hotels and motels developed within a BP zone shall be designed to complement the businesses within the park;

(2)

Any debris, smell, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public; and

(3)

All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property.

(Ord. No. 8804, § I, 4-11-05)

The light industrial district is to provide for the development of warehousing, manufacturing and processing and associated uses in a manner that complements the community, but does not create undue impact on the environment or community health and welfare.

(Ord. No. 8804, § I, 4-11-05)

In district M-1, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Non-retail business uses;

(2)

Light manufacturing facilities;

(3)

Distribution and warehousing facilities;

(4)

Restaurants; and

(5)

Indoor recreational facilities.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XVI, 9-10-07)

The height and area regulations of structures and lots within the district M-1 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum fifty (50) feet.

(2)

Yard requirements:

a.

Front yard: Minimum thirty (30) feet.

b.

Rear yard: Minimum fifteen (15) feet.

c.

Side yard: Minimum ten (10) feet, except that a side yard abutting a street or a zoned residential lot shall be a minimum twenty (20) feet.

(Ord. No. 8804, § I, 4-11-05)

Utilitarian areas, such as loading docks, mechanical equipment, storage areas and trash enclosures, shall be located at the rear of the building and screened.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

Tow lots, provided the following standards are met:

a.

All vehicles shall be screened from view by walls (including building walls), fencing, or landscaping at least six (6) feet in height and all support structures for a fence shall be located to the inside of the fence covering material;

b.

No plywood, canvas, plastic, metal sheets or similar type materials shall be used;

c.

If fencing or walls are used in areas adjacent to a public street, landscaping shall be incorporated along the wall or fence at the corners and at least every sixty (60) feet to periodically break the linear effect;

d.

The location of any walls or fences shall meet the same setback requirements as buildings in the M-1 district; and

e.

The outdoor storage area shall be constructed to a minimum of six (6) inches compacted sub-grade and five (5) inches compacted gravel, MoDOT type I rock, in conformance with the city's compaction requirements and the gravel shall be contained to prevent shifting of the materials;

(2)

Drive-thru restaurant service is not permitted;

(3)

All operations shall be conducted within a fully enclosed building;

(4)

Retail sales shall be limited to those products manufactured on the premises;

(5)

Industrial processes and wastes shall not be of such a quantity and nature as to overburden the public sewage disposal facilities or to cause odor and unsanitary effects beyond the property line;

(6)

Junkyards and salvage facilities are not allowed;

(7)

Any debris, smell, sound, glare, or vibration emitted from a building shall be mitigated so as not to cause a nuisance to the general public; and

(8)

All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property.

(9)

Standards for marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, microbusiness wholesale facilities, marijuana dispensary facilities, and marijuana testing facilities. No building shall be constructed, altered, or used for a marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana transportation facilities, or marijuana testing facility without complying with the following regulations:

a.

Buffer requirement. No marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, microbusiness wholesale facilities, marijuana dispensary facilities, or marijuana testing facilities shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church. Measurements shall be made as described within section 30-17, definitions, marijuana buffer measurement.

b.

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

c.

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana facility.

d.

Hours of operation. All marijuana cultivation facilities, manufacturing facilities, marijuana transportation facilities, or testing facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m. Except for a contractor, hired by the facility to perform specific work for the facility, no one not employed by the facility shall be present in such facility at any time closed to the public.

e.

Display of licenses required. The marijuana license issued by the State of Missouri and any applicable City of Liberty business license shall be displayed in an open and conspicuous place on the premises.

f.

Residential dwelling units prohibited. No marijuana cultivation facilities, manufacturing facilities, marijuana transportation facilities, or testing facilities shall be located in a building that contains a residence.

g.

Ventilation required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

h.

Site plan review required. Any plans for a marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana transportation facilities, marijuana testing facility, or marijuana dispensary facility shall meet the development plan and construction requirements outlined in the unified development ordinance and the most recently adopted International Building Codes and International Fire Codes.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 11121, § III, 7-8-19; Ord. No. 11978, § VII, 10-14-24)

The general industrial district is retained within this UDO to maintain existing areas of general industrial use.

The rezoning of property to M-2 is not permitted.

(Ord. No. 8804, § I, 4-11-05)

In district M-2, no buildings, structures, land or premises shall be used and no buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

(1)

Non-retail business uses;

(2)

General manufacturing and fabrication facilities;

(3)

Light manufacturing facilities; and

(4)

Distribution and warehousing facilities.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 9195, § XVII, 9-10-07)

The height and area regulations of structures and lots within the district M-2 shall be as follows, except for lots of record existing on the effective date of this UDO and those exceptions provided in Article X:

(1)

Height: Maximum one hundred fifty (150) feet.

(2)

Yard requirements:

a.

Front yard: Minimum twenty-five (25) feet.

b.

Rear yard: Minimum twenty (20) feet.

c.

Side yard: Minimum ten (10) feet.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be designed and constructed in accordance with the following principles:

(1)

Operations may be conducted within a building or in an open yard, except that no operations shall be conducted within ten (10) feet of a property line;

(2)

Utilitarian areas, such as loading docks, mechanical equipment, storage areas and trash enclosures, shall be located at the rear of the building and screened; and

(3)

In the case of salvage or junk operations;

a.

All storage and process areas shall be screened from view by walls (including building walls), fencing, or landscaping at least six (6) feet in height and all support structures for a fence shall be located to the inside of the fence-covering material;

b.

No plywood, canvas, plastic, metal sheets or similar type materials shall be used;

c.

If fencing or walls are used in areas adjacent to a public street, landscaping shall be incorporated along the wall or fence at the corners and at least every sixty (60) feet to periodically break the linear effect.

d.

The location of any walls or fences shall meet the same setback requirements as buildings in the M-2 district; and

e.

The outdoor storage area shall be constructed to a minimum of six (6) inches compacted sub-grade and five (5) inches compacted gravel, MoDOT type I rock, in conformance with the city's compaction requirements and the gravel shall be contained to prevent shifting of the materials.

(Ord. No. 8804, § I, 4-11-05)

Buildings and sites shall be used in accordance with the following standards:

(1)

All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property; and

(2)

Industrial processes and wastes shall be of such a quantity and nature as to not overburden the public sewage disposal facilities or to cause odor and unsanitary effects beyond the property line.

(3)

Standards for marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, microbusiness wholesale facilities, marijuana dispensary facilities, and marijuana testing facilities. No building shall be constructed, altered, or used for marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, microbusiness wholesale facilities, marijuana dispensary facilities, or marijuana testing facilities without complying with the following regulations:

a.

Buffer requirement. No marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, microbusiness wholesale facilities, marijuana dispensary facilities, or marijuana testing facilities shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church. Measurements shall be made as described within section 30-17, definitions, marijuana buffer measurement.

b.

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

c.

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana facility.

d.

Hours of operation. All marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, or testing facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m. Except for a contractor, hired by the facility to perform specific work for the facility, no one not employed by the facility shall be present in such facility at any time closed to the public.

e.

Display of licenses required. The marijuana license issued by the State of Missouri and any applicable City of Liberty business license shall be displayed in an open and conspicuous place on the premises.

f.

Residential dwelling units prohibited. No marijuana cultivation facilities, marijuana-infused products manufacturing facilities, marijuana transportation facilities, or testing facilities shall be located in a building that contains a residence.

g.

Ventilation required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

h.

Site plan review required. Any plans for a marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana transportation facility, marijuana testing facility, or marijuana dispensary facility shall meet the development plan and construction requirements outlined in the unified development ordinance and the most recently adopted International Building Codes and International Fire Codes.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 11121, § III, 7-8-19; Ord. No. 11978, § VIII, 10-14-24)

The purpose of the planned development flex district is to facilitate the development of master planned, mixed use developments containing a minimum of five hundred (500) acres. The PD-FLEX district allows a mix of land uses, densities, setbacks, and building heights for a defined area and allows for flexibility of change over an extended period of time. This zoning district is intended to encourage innovative and creative design and to facilitate a mix of uses in the development of a balanced community over an extended period of time or build out. The PD-FLEX land use designation shall require approval of a master plan in order to provide general development goals for the property. The PD-FLEX zoning district shall clearly define the purpose and intent of the property and its development limitations or allowances while being sufficiently flexible to meet the demands of increased population and evolutionary changes in such fields as architecture, transportation, and redevelopment. The PD-FLEX district must conform to the requirements of the UDO in requiring adequate standards necessary to protect the public health, safety and general welfare.

The PD-FLEX district will allow an increase or decrease of a certain prescribed per centage that result in changes in land area, increase in density or intensity of residential uses, increase in floor area, increase in lot coverage, increase in height, or changes that will increase trip generation or impacts on public facilities. The prescribed per centage allowance shall be determined as part of the Master Plan approval, shall not exceed twenty (20) per cent, and is cumulative from the original, approved plan.

The PD-FLEX zoning may be established as an alternative option for mixed use, master planned development larger than five hundred (500) acres. The PD-FLEX zoning requires a formally approved, overall master plan for the property. The PD-FLEX master plan shall contain, at minimum, mapped information regarding the layout of general use areas, open space, zones of use, trails, major streets and other significant public improvements. The PD-FLEX zoning regulations specify permitted uses, densities and other important development controls for each use area and the property as a whole.

(Ord. No. 10675, § I, 1-23-17)

The PD-FLEX provisions are to provide for master planned developments, incorporating both residential and non-residential uses. The objective includes designing an integrated site that includes the uses otherwise permitted in such zoning districts, and also residential uses and common open space. In district PD-FLEX, any land use may be permitted if such use or uses can be shown to provide an orderly relation and function to other uses in the development and to existing land uses, as well as with regard to the comprehensive plan of the City of Liberty. The permitted use or uses of property located in the planned development flex district shall be determined at the time the PD-FLEX zoning district and master plan is approved, and development within that PD-FLEX district shall be limited to those uses specifically requested as part of the application and reviewed by the planning and zoning commission and approved city council. Changes as a result of increase greater than the prescribed per centage allowance described in section 30-59.4 shall require a separate application for amendment to the original approved master plan and shall follow the same process as any other development plan amendment. Any use listed as a special use in section 30-25.5 is required to follow procedures for such use as specified in section 30-25.

(Ord. No. 10675, § I, 1-23-17)

Minimum parking, height, setback, and area regulations shall be specified for the overall site with regard to those limitations established on similar uses in other City of Liberty zoning districts and with regard to compatibility with surrounding development. Varied regulations for any aspect may be established.

(Ord. No. 10675, § I, 1-23-17)

The Master Plan for a PD-FLEX district shall be designed and constructed in accordance with the following principles:

(1)

Planned residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities and safer and more attractive neighborhoods than conventional zoning and development techniques.

(2)

Planned commercial developments should be designed so as to result in attractive, viable and safe centers and clusters. Control of vehicular access, architectural quality, landscaping and signs should be exercised to soften the impact on nearby residential neighborhoods, and to assure minimum adverse effects on the street system and other services of the community.

(3)

Planned office, research and development and/or industrial parks should be designed to promote the establishment of groups of buildings with integrated design and a coordinated physical plan, to buffer adjacent residential areas with landscaped open space.

(4)

Planned mixed-use developments should be designed to encourage innovative neighborhoods and communities with a mix of residential and nonresidential uses. Such developments integrate a variety of land uses within close proximity to each other and offer a greater variety in type, design and layout of those uses. Planned mixed-use developments are intended as an alternative to conventional, modern, use-segregated developments for select areas of the community. However, existing characteristics and development patterns must be examined before determining if a mixed-use development is appropriate near conventional developments. Planned mixed-use zoning districts are intended as the method of integrating "nonresidential" uses into areas identified as "residential" by the comprehensive plan. However, site design, proposed uses, nearby zoning and land uses, and the character of the surrounding area shall always be considered in determining if a mixed-use development is appropriate for a given residential area. The master plan shall provide appropriate relationships between use areas, both internal and surrounding, with adequate buffer areas provided if warranted.

The master plan shall include design guidelines or a series of guidelines and standards that regulate the site and building designs. The master plan shall also include a mechanism to create and maintain a design review committee responsible for enforcing the design standards.

(Ord. No. 10675, § I, 1-23-17)

Applications for amendments to a PD-FLEX Master Plan and/or PD-FLEX zoning regulations must be initiated by the developer, as defined in section 30-27 of this UDO. Amendments must conform to the requirements of the UDO in requiring adequate standards necessary to protect the public health, safety and general welfare. If the master planned development is built-out and the developer is no longer an interested party, then fifty-one (51) per cent of the property owners within the area subject to the amendment may initiate the PD amendment. Applying the provisions of this code, the director of planning and development shall determine whether an application for an amendment to an approved PD-FLEX Master Plan and/or PD-FLEX Zoning Regulations is considered a major or minor administrative amendment.

(1)

If one or more of the following criteria apply to the amendment application, it shall be processed as a major amendment:

a.

Introduces new land uses not contemplated in the Master Plan;

b.

Changes in area devoted to any use by more than the approved per centage change allowed within the Master Plan;

c.

Changes density or intensity of residential uses by more than the approved per centage change allowed within the master plan;

d.

Decreases the area devoted to open space to less than as required by current code, per section 30-97.6;

e.

Constitutes a significant change in the design, i.e. change in architectural style and/or building materials different from Master Plan;

f.

Creates new or additional impacts on adjacent properties;

g.

Significantly changes the PD-FLEX zoning regulations or design guidelines;

h.

Changes the land use in an area within one hundred eighty-five (185) feet of a property not owned by the developer; or

i.

Increases impact to public infrastructure including but not limited to increased trip generation or impacts on public facilities.

(2)

Such amendments which are not classified as major shall be processed as a minor administrative amendment pursuant to section 30-70.6.

(Ord. No. 10675, § I, 1-23-17)

Major amendments shall be processed and acted upon in the same manner as a preliminary development plan amendment. City council action shall be taken following a recommendation by the planning commission and shall be based on the same criteria as a new PD-FLEX Plan. Approval of the application shall take the form of a resolution.

(Ord. No. 10675, § I, 1-23-17)

(a)

An application for a minor amendment to an approved PD-FLEX Master Plan and/or PD-FLEX zoning regulations shall be approved, approved with conditions, or denied by the director. The criteria governing administrative action on a minor amendment shall be based on the same criteria as a new PD-FLEX Plan.

(b)

If denied, or if the applicant does not accept the conditional approval, the applicant may appeal such determination in the same manner as set forth in section 30-21.14.

(Ord. No. 10675, § I, 1-23-17)

The Master Plan approved through the PD-FLEX District shall be updated every five (5) years and submitted to staff for approval to ensure the Master Plan is reflective of the most recently approved Master Plan.

(Ord. No. 10675, § I, 1-23-17)