Nixa City Zoning Code

Notwithstanding any other provisions of this article, whenever the table of approved uses (interpreted in the light of section 117-91 and the other provisions of this article) provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permitted with an approved use permit, a special-use permit shall nevertheless be required if the city planner finds that the proposed use would have an extraordinary impact on neighboring properties or the general public.

In making this determination, the city planner shall consider, among other factors, whether:

The special-use permit request must be heard and determined by the city council in a regularly scheduled meeting.

The presumption established by this chapter is that all legitimate uses of land are approved within at least one zoning district in the city limits. Therefore, because the list of approved uses set for in section 117-99 (table of approved uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

Notwithstanding subsection (a) of this section, all uses that are not listed in section 117-90 (table of approved uses), even given the liberal interpretation mandated by subsection (a) of this section, are prohibited. Nor shall section 117-99 (table of approved uses) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is approved in other zoning districts.

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

The table of approved uses (section 117-99) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use:

For purposes of interpreting subsection (a) of this section:

Without limiting the generality of subsections (a) and (b) of this section, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:

A home occupation is that accessory use of a dwelling unit that shall constitute either entirely or partly the livelihood of a person living in the dwelling, subject to the following: No home occupation shall be permitted that:

The following are permitted home occupations, provided they do not violate any of the provisions of subsection (a) of this section:

The following are prohibited as home occupations:

Any proposed home occupation that is neither specifically permitted or prohibited by subsection (b) or (c) of this section shall be considered a special-use and be granted or denied by the city council based upon considerations of those standards listed in subsection (a) of this section and issued in accordance with section 101-141.

Streets.

Electric power, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or town) of the right-of-way.

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.