In district R-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:

(a)

Dwellings, one-family.

(b)

Churches and publicly owned and operated community buildings, public museums, public libraries, publicly operated hospitals, licensed privately operated hospitals, and nursing homes and convalescent homes supported by said hospitals.

(c)

Public parks and playgrounds, including public recreation or service buildings and swimming pools within such parks; public administrative buildings, police and fire stations.

(d)

Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadium and dormitories in conjunction, if located on the campus.

(e)

Golf courses and clubhouses appurtenant thereto, except miniature golf courses, driving ranges and other similar activities operated as a business; provided that no clubhouse, swimming pool or parking area shall be closer than 100 feet to a property line.

(f)

Railroad rights-of-way, not including railroad yards.

(g)

Agriculture.

(h)

Nurseries and truck gardens, limited to the propagation, cultivation and sale of plants; provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer renovation is conducted thereon. Greenhouses may be constructed by special use permit.

(i)

Accessory uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry. No equipment, material or vehicle other than motor passenger cars shall be stored in any residential district.

(1)

The term "accessory uses" shall include the following home occupations which are to be permitted without a special use permit, but under these restrictions:

a.

Such uses shall be located in the dwelling used by a person as his private residence.

b.

No assistant, other than a member of the family household, shall be employed, and signs shall be limited to one nonilluminated window sign not more than one square foot in area.

c.

Only electrical power shall be used in any machines used in such home occupation and such power shall not exceed one horsepower per machine or a total of two horsepower excluding customary heating or cooling devices.

d.

Home occupations shall be limited to the following:

1.

Physician, dentist, osteopath or chiropractor.

2.

Barber and hairdresser.

3.

Dressmaker or seamstress.

4.

Day nursery, musical instructor or dance instructor.

5.

Artist.

6.

Architect, engineer or surveyor.

7.

Accountant, broker or tax consultant.

8.

Real estate agent or insurance agent.

9.

Lawyer.

10.

Advertising agency.

11.

Family day care home.

12.

Secretarial services, computer programming services, data entry services and other similar telecommunications- or computer-based home occupations, provided that no merchandise is displayed or stored on the premises and that no home occupation shall disrupt the neighborhood's residential character.

e.

Temporary real estate sales office, located on property being sold, and limited to period of sale, but not exceeding two years without special use permit.

f.

A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided that such use shall not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes or electrical interferences.

g.

Signs, as provided in chapter 29.

h.

A driveway or walk, as distinct from a dedicated street, to provide access to premises in districts C-1 to M-2, inclusive, shall not be permitted in districts R-1 to R-3, inclusive.

Any home occupation issued pursuant to this section shall be nontransferable and shall be subject to review upon complaint, by the planning commission, subject to revocation by the council, if revocation is recommended by the planning commission.

(3)

For any dwelling house, there shall be permitted one private garage or covered carport, with space for not more than one vehicle for each 2,000 square feet of lot area; provided that such garage shall be located not less than 60 feet from the front lot line, nor less than three from feet any side lot line, nor less than one foot from any alley line; except that when the rear lot line is common to a side or rear lot line, such garage shall be located a minimum of three feet from the rear lot line, and in the case of corner lots not less than the distance required for residences from side streets. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building; except that on a corner lot, a private garage, when attached to the main building and not exceeding the height of the main building, may extend into the required rear yard to a point not less than 18 from feet the rear lot line, and shall not occupy more than 30 percent of the required rear yard. No part of a detached accessory building shall be closer than ten feet to the main building.

(4)

A private stable will be permitted on a lot having an area of at least two acres; provided that it is located not less than 50 feet from any property line. On such lots no person shall keep or maintain any large animals unless the area provides at least 20,000 square feet for each animal.

(j)

Automobile parking areas which are necessary to the uses permitted in this district.

(k)

Private foster care homes, as defined by section 37-1.

(l)

Group homes, as defined by section 37-1, and that such group homes:

(1)

Group homes are limited in density in areas of the city zoned R-1 single-family by physical separation in all directions by a distance of not less than 500 linear feet from property line to property line or 500 linear feet along the shortest legal pedestrian path from the proposed home to an existing group home, whichever is shortest. This provision is intended to avoid over-concentration of group homes in one location which would adversely affect individuals with disabilities and be inconsistent with the objection of integrating persons with disabilities into the community.

(2)

Are constructed and maintained having an exterior appearance of the home and property in reasonable conformance with the general neighborhood standards.

(3)

Are licensed by the state, if applicable.

(4)

Shall register the location of such facility, before commencing operation, with the city building/zoning official and the city fire chief. The fire chief shall be provided with floor plans of the structure detailing all sleeping rooms and all exits.

(5)

Meet or exceed all health, fire, safety and building codes ordained by the city.

(6)

Notify immediately the city fire chief or the city police dispatcher if the dwelling is to cease operation as a group home or is to become unoccupied.

Should a dwelling or structure located in an area zoned R-1 single-family or R-2 two-family cease to operate for the purpose set forth in this subsection, any other use of such home must be consistent with the zoning ordinance of this Code.

(7)

Group homes shall be permitted and municipal rules, policies, practices and services will be provided within the City of Nevada in complete conformity will all federal and state laws and regulations, which if inconsistent with any provision of the Municipal Code shall preempt and control.

(8)

In all proceedings related to a group home, the city will make "reasonable accommodations" in rules, policies, practices and services when such accommodations may be necessary to afford persons entitled to privileges under the Fair Housing Act, as amended, and any other federal or state law or regulation, the equal opportunity to use and enjoy a dwelling. The concept of "reasonable accommodation" has a long history in regulations and case law dealing with discrimination on the basis of handicap, need not further be defined herein, and will be applied in a manner consistent with said regulations and case law. See e.g., 24 CFR 100.204 and citations.

(9)

The definition of group home in section 37-1 of the Code of the City of Nevada, Missouri, is amended to add the following provision: "Handicap" means, with respect to a person a physical or mental impairment which substantially limits one or more of such person's major life activities, or a person who has a record of having such an impairment, or being regarded as having such an impairment, but such term will not include current, illegal use of or current addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802, as amended. This exclusion does not eliminate protection for individuals who take drugs defined in the Controlled Substances Act for a medical condition under the care of, or by prescription from, a licensed physician. Individuals demonstrating they are not currently using an illegal drug, are not to be deprived of housing, all as required under the definition of handicap in the Fair Housing Act Amendments.

(10)

Nothing in the group home provisions of the City of Nevada will require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals, unless such threat can be eliminated by reasonable accommodation.

(m)

Short-term rental, as defined by section 37-1:

(1)

Permitted by special use permit only.

(2)

All short-term rentals shall adhere to the hosting responsibilities/safety standards listed by the respective third-party vendor (Airbnb, VRBO, etc.) as well as all federal, state, and local laws including compliance with the Nevada Municipal Code.

(3)

No exterior evidence that the property is being used as a short-term rental is allowed, including signage.

(4)

No short-term rental shall be rented or used for the sole purpose of receptions, parties, weddings, or other similar events.

(5)

Permits may be denied, suspended or revoked when the rental fails to meet or uphold any of the above standards, or any other provisions of the Nevada Municipal Code.

(Code 1998, § 37-15; Ord. No. 2651, § 6; Ord. No. 3265; Ord. No. 3474, § 1; Ord. No. 3467, § 1; Ord. No. 3791, § 2, 3-3-1992; Ord. No. 3805, § 2, 5-5-1992; Ord. No. 4226, § 1, 10-21-1997; Ord. No. 4287, § 1, 7-21-1998; Ord. No. 8062, § 2, 9-1-2015; Ord. No. 8404, §§ 1, 2, 4-20-2021; Ord. No. 8586, § 2, 5-2-2023)

In district R-1, the height of building, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

(a)

Height. Buildings or structures shall not exceed 35 feet, and shall not exceed 2½ stories in height.

(b)

Front yards. Any building constructed after June 15, 1965, shall provide for a front yard, the minimum depth of which shall be at least 25 feet.

(c)

Side yards.

a.

There shall be a side yard on each side of a building not less than ten percent of the width of the lot; except that such side yard shall not be less than seven feet, and need not be more than 15 feet.

b.

Buildings on corner lots shall provide a side yard on the street side of not less than 15 feet, provided that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership on June 15, 1965, to less than 35 feet.

(d)

Rear yards. The depth of the rear yard shall be at least 30 feet.

(e)

Lot area per family. Every dwelling erected, moved or altered after June 15, 1965, shall provide a lot area of not less than 6,000 square feet per family; provided that where a lot had less area than herein required in separate ownership on June 15, 1965, this regulation shall not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than 15,000 square feet per family.

(f)

Lot width. The minimum width of a lot shall be 60 feet; provided that where a lot had less width than herein required in separate ownership on June 15, 1965, this regulation shall not prohibit the erection of a one-family dwelling.

(g)

Minimum dwelling size. Six hundred fifty square feet of living floor area per family.

(h)

Parking regulations. See section 37-7.

(Code 1998, § 37-16; Ord. No. 2651, § 6)