Neosho City Zoning Code
ARTICLE III
Additional Regulations
Section 405.180 Special Use Permits.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
General.
1.
Any use not permitted in the district in which it is located may be allowed in any district by special use permit of the City Council, after public hearing and after recommendation of the Planning and Zoning Commission, under such conditions as to the operation, site, development, parking, signs and time limit as may be deemed necessary in order that it will conform to the general intent and purpose of this Chapter. Such uses shall comply with the height and area regulations of the district in which they may be located, except for any specific allowances made in the ordinance granting such special use permit.
2.
Special use permits shall not be a substitute for rezoning but shall be allowed only where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land.
B.
Initial Applications.
1.
Applications for special use permits shall be considered at a public hearing before the Planning and Zoning Commission in the same manner as an application for rezoning of property. After such hearing the Planning and Zoning Commission shall make its findings of fact and recommendation to the City Council. The Planning and Zoning Commission may recommend such restrictions upon the operation, site, parking, signs and time limit of such permit as they find appropriate and necessary to ensure the guidelines set forth herein.
2.
Special use permits may be permitted upon the showing of particular facts and circumstances which make the conditional use appropriate in the location in which the special use is proposed. Facts to be taken into account include the need for the special use, both in the neighborhood and in the community, and the effect on neighboring property values, on the use of neighboring property, on traffic patterns, and on the capacity of City facilities, such as water mains and sewer mains to serve the area.
3.
However, in no case shall a special use permit be allowed to permit a non-conforming use which will materially interfere with the use of adjoining premises in conformity with the regulations applicable to the use district in which it is located.
C.
Renewals Of Permits.
1.
Special use may not be granted for more than three (3) consecutive years without a requirement that sixty (60) days prior to the expiration of such three (3) year period, the property owner shall successfully apply for a renewal of such permit for an additional three (3) year period. The initial grant of special use permit may limit the number of such renewals, but if no limit is set then the owner may apply for an additional three (3) year renewal without reference to the number previously granted such owner. Anything herein not withstanding, the initial grant of a special use permit may be limited to any period less than three (3) years. Notwithstanding the foregoing, government entities, including Newton County, Neosho School District, and other political subdivisions of the State of Missouri, may be granted special use in increments of up to ten (10) years, otherwise subject to the same terms and conditions of this Section.
[Ord. No. 356-2022, 11-15-2022]
2.
Procedure to renew.
a.
A property owner wishing to renew his/her special use permit shall make written application for same and pay a fee of fifty dollars ($50.00) to the City Collector. Immediately thereafter the City Building Inspector shall inspect the subject property determining if same is in compliance with the use granted. Within thirty (30) days of such application, the Building Inspector shall submit his/her findings to the Planning and Zoning Commission. Should the findings report the property as being in compliance with the use granted, Planning and Zoning Commission shall enter upon its records the successful application and the date of its expiration.
b.
Should the findings of the Building Inspector be that the subject property is not in compliance with the use granted, the Planning and Zoning Commission shall set a hearing, no later than forty-five (45) days from the date of application, at which time the said Commission shall consider the findings of the Building Inspector and, giving adequate notice to the property owner, shall consider evidence offered in behalf of the property owner. After being fully apprised, planning and zoning shall make a finding of whether the subject property is in fact in compliance with the granted use. If it is found to be in compliance, the application shall be successful and so noted on the records with the date of its expiration. Should the use be found not in compliance then the application shall be denied. An unsuccessful applicant may apply for rezoning or special use permit in accord with the procedures as though an initial application.
3.
Non-transferable. Special use permits shall be granted to a particular owner(s) and may not be assigned or transferred to any other owner but shall automatically expire upon the transfer of ownership of any fee in such property.
D.
Miscellaneous. A special permit granted by the Planning and Zoning Commission under this Section shall be considered as an amendment to the Zoning Code as applicable to such property. In granting such permit the Planning and Zoning Commission may impose conditions which shall be complied with by the grantee before any final public utility connection may be made with such building or property, and such conditions shall not be construed as conditions precedent to the granting of the special permit or the change in zoning of said property, but shall be considered a precedent to such final public utility connections.
Section 405.190 Accessory Uses.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
A driveway or walk, as distinct from a dedicated street, to provide access to premises in a "C-1" Retail Business District to "M-2" Heavy Industrial District inclusive shall not be permitted in a "R-1" First Dwelling House District to "R-3" Apartment House District inclusive.
B.
Buildings, structures, or uses which are accessory to the use permitted in one district shall not be permitted in a district of higher classification.
Section 405.200 Non-Conforming Uses.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
Non-Conforming Uses Discontinued. The lawful use of a lot of record for storage purposes or advertising signs, and which contains no buildings, and which use for storage or signs is not permitted by this Chapter or by an amendment thereto, shall be discontinued within two (2) years from the date of the adoption of this Chapter or said amendment.
B.
Non-Conforming Uses Continued Or Changed. The lawful use of a building existing at the time of the effective date of this Chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of a higher classification. Whenever a non-conforming use has been changed to a use of higher classification, or to a conforming use, such use shall not thereafter be changed to a non-conforming use of lower classification.
C.
Non-Conforming Use Due To Change In Zoning. Whenever the use of a building becomes non-conforming through an amendment to the Zoning Code or Zoning District Map, such use may be continued and if no structural alterations are made, it may be changed to another non-conforming use of a higher classification.
D.
Non-Conforming Use Stopped Or Discontinued. In the event that a non-conforming use of any building or premises is discontinued, or its normal operation stopped, for a period of two (2) years, the use of the same shall thereafter conform to all regulations of the district in which it is located.
E.
Non-Conforming Use Enlarged. A non-conforming use of a building may not be enlarged, extended, reconstructed, or altered unless such use is made to conform to the regulations of the district in which it is located; provided however, that in case of evident hardship a building containing a non-conforming use may be enlarged an amount not greater than twenty-five percent (25%) of its present ground floor area by variance from the Board of Adjustment after public hearing. A non-conforming use of a lot of record for storage purposes or for advertising signs, and which lot contains no buildings, shall not be extended, enlarged or expanded.
F.
Non-Conforming Use Destroyed Or Damaged. When a building containing a non-conforming use is damaged by fire, explosion, or other casualty, act of God, or the public enemy to the extent of more than seventy-five percent (75%) of its reasonable value, exclusive of foundations, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is located. If a building containing a non-conforming use is damaged by fire, explosion, or other casualty, act of God, or the public enemy to the extent of less than seventy-five percent (75%) of its reasonable value, it may be restored to its original size, provided such restoration is completed within twelve (12) months of the date of destruction and further provided that any necessary litigation shall not be counted as part of the twelve (12) months allowed for restoration.
Section 405.210 Height and Area Exceptions.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements in the foregoing Sections of this Chapter shall be subject to the following exceptions and additional regulations:
1.
Height.
a.
In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums, or schools, either public or private, where permitted, may be erected to height not exceeding seventy-five (75) feet provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed in the specified height limit as established by the regulations of the district in which such buildings are situated.
b.
Dwellings in "R-1" First Dwelling House District or "R-2" Second Dwelling House District may be increased in height not exceeding ten (10) feet in addition to the limitations of two and one-half (2½) stories or thirty-five (35) feet, as prescribed in such districts, provided that two (2) side yards of not less than twenty (20) feet in width, each, are provided. In no case shall such dwelling, however, exceed three (3) stories in height.
c.
Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, finals, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter enacted laws affecting the same.
d.
On through lots one hundred twenty-five (125) feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than one hundred twenty-five (125) feet from that street.
e.
In any "C-3" Commercial Business District, hospitals may be erected to a height not exceeding sixty (60) feet or five (5) stories provided that the building is of fire-proof construction; and provided further, that there are streets on two (2) sides of the lot and that the building has two (2) side yards of less than twenty (20) feet.
2.
Area per family.
a.
On lots where a public or community sewer is not available, the Board of Adjustment may by variance reduce the minimum lot area per family after proof by established and approved tests that the soil conditions on that lot will safely permit a smaller absorption area.
b.
For any building provided jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non-housekeeping rooms bears to the total floor area devoted to both uses.
c.
For any building used jointly for business and dwelling purposes, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first (1st) floor of such buildings shall not be included in any calculation under this provision.
3.
Yard exceptions.
a.
In "R-1" First Dwelling House District, "R-2" Second Dwelling House District and "R-3" Apartment House District where lots comprising forty percent (40%) or more of the frontage, on the same side of a street between two (2) intersecting streets (excluding reverse corner lots) are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided that the Board of Adjustment may permit a variance in case of hardship or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.
b.
Where an official line has been established for future widening or opening of a street or highway upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.
c.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into a court more than six (6) inches nor into a required yard more than thirty (30) inches; and provided further that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard; and existing open porches extending into the required yard shall not be enclosed.
d.
An open fire escape may project into a required side yard not more than half of the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into the rear yard.
e.
In any district, a detached accessory building not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard.
f.
On any corner lot there shall be no planting, structure, fences or obstruction to vision more than three (3) feet higher than the curb level within twenty-five (25) feet of the intersection of the street lines.
g.
Except as specifically required, buildings in "C-1" Retail Business District, "M-1" Light Industrial District, or "M-2" Heavy Industrial District, used wholly or partially for business or industrial purposes, need not provide a side yard, provided that portions of such buildings which are designed or used for dwelling purposes shall provide on any floor so used, in addition to the front and rear yard requirements, open space equivalent to the area of side yards for buildings used exclusively for dwelling purposes in the district in which such building is situated. Such open space may be in the form of additional front or rear yards or one (1) or more courts opening to the street or rear yard, provided that:
h.
No rear yard shall be required in "C-1" Retail Business District to "M-2" Heavy Industrial District inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
i.
In computing the depth of a rear yard for any building where such yard abuts an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard.
j.
A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.
Section 405.220 Housing Projects.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
The owner or owners of any tract of land comprising an area of not less than five (5) acres in any district except "M-2" Heavy Industrial District may submit to the Planning and Zoning Commission of the City of Neosho a plan for the use and development of all of the tract of land for residential purposes or for the repair and alteration of any existing housing development on an area comprising five (5) acres or more, and shall present specific evidence and facts showing whether or not the proposed plan meets the following conditions.
1.
That property adjacent to the area included in the plan will not be adversely affected.
2.
That the plan is consistent with the intent and purpose of this Chapter to promote public health, safety, morals and general welfare.
3.
That the buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses, such as garages, storage space or community or administrative activities.
4.
That the average lot area contained in the site will not be less than two thousand (2,000) square feet per family.
5.
That the buildings do not exceed two (2) stories in height.
B.
The plan need not provide for the customary street and lot layout, or the normal application of the yard and area requirements to individual building units.
C.
If the Planning and Zoning Commission and the City Council approve the plans, after a public hearing thereon, building permits and certificates of occupancy may be issued even though the location of the buildings to be erected in the area, and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
Section 405.225 Fence Requirements.
[Ord. No. 28-2018, 9-4-2018]
A.
General fence provisions shall apply to all Zoning Districts:
1.
A building permit shall be required for the construction of any fence within the City of Neosho.
2.
No fence or wall shall be constructed or altered to exceed six (6) feet in height.
3.
It shall be unlawful for any person to paste, stick or put upon any fence or wall within the City any indecent, obscene, immoral or grossly written words or material.
4.
No person shall erect any fence that is made of razor, barbs or strand wire except within an AG, M (Industrial) or Towers Zoning District.
5.
No person shall erect any fence or enclosure of which any part is charged with or designed to be charged with an electrical current except within an AG Zoning.
6.
In the case of fences constructed over dedicated utility easements, the City shall not be responsible for the replacement of said fence due to its removal. It is required that the property owner contact the Public Works Department or developer for location of above-mentioned easements.
7.
In no case shall a fence be erected so as to enclose or block a storm water catch basin, culvert, or other storm water structure in any development.
8.
All fencing must be maintained in good condition at all times.
B.
Fence Regulations For "R" (Residential) Districts.
1.
The owners of residential properties shall be responsible for maintaining said fences and to remove any fence which becomes unsightly or a menace to public safety, health or welfare.
2.
In no case shall any front yard be enclosed by a privacy fence making the front yard not visible to the street.
3.
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.
4.
Private swimming pools, hot tubs and spas containing water more than twenty-four (24) inches in depth shall be completely surrounded by a fence or barrier at least forty-eight (48) inches in height.
C.
Fence Regulations For All "C" (Commercial) Districts.
[Ord. No. 500-2024, 5-7-2024]
1.
All trash, grease or recyclable containers must be completely screened and said screening shall be a minimum of six (6) feet in height.
2.
Fences higher than six (6) feet may be permitted for security and/or screening purposes.
3.
Fencing is required when commercial districts abut a residential property.
4.
All fencing abutting residential districts must be solid in nature, constructed of masonry, vinyl or wood and a minimum of six (6) feet in height and not to exceed eight (8) feet in height unless sufficient security concerns and standards for neighborhood aesthetics are satisfied as determined by the Director of Development Services.
D.
Fence Regulations For All "M" (Industrial) Districts.
[Ord. No. 500-2024, 5-7-2024]
1.
Fences higher than six (6) feet may be permitted for security and/or screening purposes.
2.
Fencing is required when commercial districts abut a residential property.
3.
All fencing abutting residential districts must be solid in nature constructed of masonry, vinyl or wood and a minimum of six (6) feet in height and not to exceed eight (8) feet in height unless sufficient security concerns and standards for neighborhood aesthetics are satisfied as determined by the Director of Development Services.
Section 405.230 Off-Street Parking and Loading.
[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 19-2014 §1, 5-20-2014]
A.
For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, except those located in the "C-3" Commercial Business District, off-street parking in the form of private garages, carports or open areas made available exclusively for that purpose shall be provided. The parking area provided for each car space shall be at least eight and five-tenths (8.5) by twenty (20) feet plus the maneuvering space necessary to utilize each space. No portion of a parking area except the necessary drives shall extend into a public street or alley. Entrances to and exits from parking areas from a street shall be not greater than thirty-five (35) feet in width. Any lights used to illuminate said parking areas shall be directed away from any adjacent residential district.
1.
Parking for one- and two-family dwellings. For all one- and two-family dwellings there shall be provided one (1) off-street parking space for each family unit, such parking area to be located in the front, side or rear yard on the same lot as the main building or buildings, or in a community garage in the same block.
2.
Parking for apartments, apartment hotels, hotels, clubs, motels, tourist courts and homes for aged or retired. For all apartment houses and apartment hotels, there shall be provided one (1) off-street parking space in the front, side or rear yard for each family unit. For all hotels, clubs, motels, tourist courts and homes for aged or retired, there shall be provided one (1) off-street parking space for each sleeping room. In addition, any restaurant which is an accessory use to any of the above uses shall provide one (1) off-street parking space for each four (4) patron seats in said restaurant. Such parking area shall be located on the same lot as the main building, or on a lot within five hundred (500) feet either on land zoned for business or industry, or by special use permit on land zoned for residence.
3.
Parking for hospitals, nursing homes and institutions. For all hospitals, nursing homes and institutions there shall be provided one (1) off-street parking space for each three (3) beds plus one (1) space for each two (2) staff members and employees. Penal institutions need only to provide parking for the staff and employees. Such parking area shall be located on the same lot as the main building, or on a lot within five hundred (500) feet either on land zoned for business or industry, or by special use permit on land zoned for residence.
4.
Parking for places of assembly. For all theaters, churches, funeral chapels, stadiums and auditoriums there shall be provided one (1) off-street parking space for each four (4) patron seats. Such parking area shall be located on the same lot as the main building, or on a lot within five hundred (500) feet either on land zoned for business or industry, or by special use permit on land zoned for residence.
5.
Parking for business buildings. For all business or commercial buildings there shall be provided one (1) off-street parking space for each two hundred (200) square feet of service floor area in the building. Such parking area shall be located on the same lot as the main building or on a lot within five hundred (500) feet either on land zoned for business or industry, or by special use permit on land zoned for residence.
6.
Parking for industrial buildings. For all industrial buildings there shall be provided one (1) off-street parking space for each two (2) employees. Such parking area shall be located on the same lot as the main building or within five hundred (500) feet either on land zoned for business or industry or by special use permit on land zoned for residence.
7.
Parking for agricultural business and commercial employee parking must be provided for off the street.
B.
The Board may grant a variance reducing the number of spaces required above, provided that it is proven that such number of spaces required above is unnecessary for that specific use, or that to provide such number of spaces required above would work undue hardship on the applicant.
C.
All parking areas required above shall be constructed of asphalt, concrete pavement or parking pavers, and a solid fence or wall not less than three (3) feet in height shall be constructed as a screen between any such parking area and abutting lot in "R-1" First Dwelling House District to "R-3" Apartment House District, inclusive.
Section 405.240 Signs.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
Signs shall be permitted in all districts as follows:
1.
Districts "R-1" First Dwelling House District and "R-2" Second Dwelling House District.
a.
One (1) non-illuminated sign per building, not more than one (1) square foot in area, mounted on the building, indicating a permitted home occupation.
b.
One (1) non-illuminated "For Sale" or "For Rent" sign per lot, not more than eight (8) square feet in area.
c.
Two (2) illuminated or non-illuminated sign per church, not more than sixteen (16) square feet in area on church premises, indicating activities and services therein provided.
d.
One (1) non-illuminated sign per building, not more than sixteen (16) square feet in area, showing names of architects, engineers, buildings or contractors, on the premises of a building being constructed, provided such sign shall be removed upon completion of the building.
e.
Garage sale signs shall be allowed on the day of the sale and must be removed by the day after the sale. The maximum size for any one (1) sign shall be four (4) square feet.
2.
District "R-3" Apartment House District.
a.
Signs shall be permitted as provided under "R-1" First Dwelling House District above.
b.
In "R-3" Apartment House District one (1) non-illuminated sign, not more than four (4) square feet in area, shall be permitted at each major entrance to the building, provided such sign shall be attached flat against the wall of said building, projecting not more than three (3) inches therefrom, and shall bear no advertising.
3.
District "C-O" Non-Retail District.
a.
Signs shall be permitted for uses permitted in "R-1" First Dwelling House District, "R-2" Second Dwelling House District and "R-3" Apartment House District, which are located in this district, as provided under "R-3" Apartment House District above.
b.
Not more than two (2) non-illuminated signs, not more than sixteen (16) square feet each in area, shall be permitted on each office building or mortuary, provided such sign shall be attached flat against the wall of said building, projecting not more than six (6) inches therefrom, and shall indicate only the name of the building or establishments housed therein. In addition, one (1) non-illuminated sign not more than four (4) square feet in area shall be permitted at each major entrance to the building, provided such sign shall be attached flat against the wall of said building, projecting not more than six (6) inches therefrom, and shall bear no advertising.
4.
District "C-1" Retail Business District. Signs limited to those listing name of, or products, activities or services offered on the premises and as otherwise listed under "C-O" Non-Retail District. Such signs shall comply with the height and yard regulations of the "C-1" Retail Business District.
5.
Districts "C-2" General Business District, "M-1" Light Industrial District and "M-2" Heavy Industrial District. In Districts "C-2", "M-1" and "M-2", signs of all types shall be permitted, where otherwise permitted by ordinance, provided such signs shall comply with the height and yard regulations of the district in which they are located. All signs visible from any point beyond the lot line shall be subject to these regulations.