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Nixa City Zoning Code

ARTICLE II

- ZONING DISTRICTS

Sec. 117-23. - Residential districts established.

The following residential districts are hereby established: AG, R-1, R-4, R-3, and R-5. Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section.

(1)

The Agricultural (AG) District is designed to accommodate single-family residential development areas in the city limits that are not yet served by public water or sewer facilities and that are not yet appropriate for development at higher densities. Once public water and sewer facilities have been made available, residences in this district will be able to hook on by following the requirements. This area is also more suitable for uses that would have a negative impact on more dense residential areas. Mobile home parks are permissible in this district with a special use permit.

(2)

The R-1 district is designed primarily to accommodate single-family detached residential uses (other than mobile homes) at lower densities in areas served by public water and sewer facilities. The R-1 zone districts have a minimum lot size requirement of 6,600 square feet.

(3)

The R-4 district is designed to accommodate single-family attached (patio homes with zero lot lines) and two-family. Multifamily uses can occur only in the form of planned residential or planned unit developments. The "4" stands for 4,000 square feet minimum lot size per family.

(4)

The R-3 district is designed primarily to accommodate higher density multifamily developments. Single-family attached and two-family uses can occur only in the form of planned residential or planned unit developments. The "3" stands for 3,000 square feet minimum lot size per family.

(5)

The R-5 district is designed primarily to accommodate medium density multifamily townhouse developments. Single-family attached and two-family uses can occur only in the form of planned residential or planned unit developments. The "5" stands for 5,000 square feet minimum lot size per family.

(Prior Code, § 23-146)

Sec. 117-24. - Commercial districts established.

(a)

The following commercial districts are hereby established: CC, NC, O, GC, and HC. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

(b)

The City Center (CC) District is designed to accommodate a wide variety of commercial activities (particularly those that are pedestrian oriented) that will result in the most intensive and attractive use of the city's central business district.

(c)

The Neighborhood Commercial (NC) District is designed to accommodate commercial development on a scale that is less intensive than the permitted CC district. A lesser intensity of development is achieved through setback, height, and minimum lot size requirements that are more restrictive than those applicable to the CC zone. The NC district may provide a transition in some areas of the city.

(d)

The Transitional Office (O) District is designed to accommodate a mixture of uses (office, clerical, research, services, etc.). It is intended that this zoning classification be applied primarily in areas that no longer are viable as single-family residential areas because of high traffic volumes on adjacent streets or because of other market factors but remain viable as locations for office oriented developments. Such areas will also generally constitute transition or buffer zones between major arterials or more intensively developed commercial areas and residential districts.

(e)

The General Commercial (GC) District is designed to accommodate the widest range of commercial activities.

(f)

The Highway Commercial (HC) District is designed to accommodate commercial activities that draw business primarily from and provide services primarily to the U.S. Highway 160 and Missouri Highway 14 corridor.

(Prior Code, § 23-147)

Sec. 117-25. - Regional commercial overlay districts established.

(a)

The purpose of this district is to provide for the development of large-scale integrated retail shopping on a large site with convenient highway access. The Regional Commercial Overlay District is established as a special district which overlays the HC (Highway Commercial) zoned district.

(b)

The provisions of this section are designed to ensure that all development activities associated with a regional shopping district will be carried out so as to provide for and maintain:

(1)

Protection of neighboring properties against harmful effects of uses on the development site;

(2)

Convenient and safe access for firefighting and emergency rescue vehicles within the development site and in relation to adjacent streets;

(3)

Convenience and safety of vehicular and pedestrian movement within the development site and in relation to adjacent streets, properties or improvements;

(4)

Satisfactory methods of stormwater management as provided in the city's technical specifications;

(5)

Convenience and safety of off-street loading and unloading of vehicles, goods, products, materials and equipment for the operation of the establishments on the development site;

(6)

Adequate off-street parking and traffic mitigation measures that will enhance the efficiency of the transportation system as provided in article V of chapter 111;

(7)

Attractive and functional design with due regard to the existing conditions of the development site and the use thereof for a regional shopping center, in order to promote the interests of the city.

(c)

Relationship to underlying districts and regulations.

(1)

The Regional Commercial Overlay District shall overlay the HC (Highway Commercial) zoned district so that any parcel of land lying in a Regional Commercial Overlay District shall also lie in the zoning district in which it is otherwise classified by this chapter.

(2)

All regulations of the underlying zoning district shall apply within the Regional Commercial Overlay District to the extent that they are not inconsistent with the specific provisions of section 117-4(a). To the extent the provisions of this section are in conflict with or are inconsistent with other provisions of this chapter, the provisions of this section shall govern and prevail even if such other provisions are more restrictive than those set forth in section 117-4(a).

(d)

Regional Commercial Overlay District development regulations. Land located within the Regional Commercial Overlay District shall be subject to the dimensional controls set forth below:

(1)

Minimum area of overlay district: 20 acres.

(2)

Minimum lot size (individual building lots): none.

(3)

Minimum side, front and rear yards (other than at the perimeter of the defined district boundaries): none.

(4)

Minimum side, front and rear yard setback (at the perimeter of the defined district boundaries): 15 feet.

(e)

Permitted uses.

(1)

The Regional Commercial Overlay District is provided to accommodate a concentration of retail stores and entertainment service establishments, including restaurants, movie theaters and such other uses as are customarily found in a regional commercial service sector setting.

(2)

Regional commercial overlay districts may be subdivided into multiple lots, however, at a minimum one lot shall be developed as a retail facility having a minimum gross square footage of not less than 40,000 square feet under single occupancy.

(3)

No more than 25 percent of the total gross leasable area of all buildings located within the district shall be devoted to uses other than retail stores and entertainment service establishments.

(f)

Application of requirements.

(1)

A regional commercial overlay district may consist of more than a single building lot, and in such event the requirements of this subpart pertaining to parking, landscaping and signage shall not be applied to individual building lots, but shall be applied to the entire district as if the development area were a single building lot notwithstanding the fact that the building lots with the district area may be in different ownership.

(2)

The Regional Commercial Overlay District may be developed in phases and may be developed and occupied under one or more building permits and occupancy permits.

(Ord. No. 1723, § 23-147.1, 1-17-2012)

Sec. 117-26. - Manufacturing districts established.

(a)

The following districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment: M-1 and M-2.

(b)

The performance standards set forth in division 1 of article VIII of this chapter place limitations on the characteristics of uses located in these districts. The limitations in the M-1 district are more restrictive than those in the M-2 district.

(Prior Code, § 23-148)