Nixa City Zoning Code

To stimulate a creative approach to designing residential, commercial and industrial land use developments.

To provide a means to use land more efficiently.

To preserve and integrate, to the greatest extent possible, the existing natural landscape features, (e.g., trees, streams, and topography).

To accommodate more usable and suitably located private or public recreational facilities than would otherwise be provided under conventional zoning regulations.

To encourage a greater diversification and mixture of land uses, in order to facilitate self-sustainability of the development, architecturally integrated structures and passive and active recreational open space areas.

Intent. The intent of the PUD-R district is to support private residential development by providing incentives encouraging the use of innovative design techniques in order to achieve high-quality residential development.

Size. There is no minimum lot size for the PUD-R district; however, it must be large enough to enable its development as a complete identifiable unit and through the flexibility allowed by the PUD process provide a bona-fide benefit to the residents and users of the PUD. Recommended minimum lot size for a detached single-family residential lot is 6,600 square feet with the provision that 20 percent of the total site is developed as common open space area.

Permitted uses. For the PUD-R, the following uses shall be permitted, subject to meeting the adopted review criteria:

Intent. The intent of the PUD-C district is to promote the architectural grouping of commercial and professional consumer oriented activities creating a harmonious relationship between people, structures and motor vehicles through the use of a well planned circulation, parking, pedestrian ways, courtyards, and landscaped open space areas.

Size. There is no minimum lot size for the PUD-C district, provided the proposed development is functional.

Permitted uses. For the PUD-C, the following uses shall be permitted, subject to meeting the adopted review criteria: all nonresidential uses in the CC (Center City Commercial), NC (Neighborhood Commercial), GC (General Commercial), HC (Highway Commercial) and O (Transitional Office) zone districts as provided in the table of approved uses, section 117-99.

Intent. The intent of the PUD-I district is to promote the architectural grouping of industrial wholesale, warehouse, light and heavy manufacturing activities creating a harmonious relationship between people, structures, operations and motor vehicles through the use of a well planned circulation, parking, pedestrian ways, outside storage, and landscaped open space areas.

Size. There is no minimum lot size for the PUD-I district, provided the proposed development is functional.

Permitted uses. For the PUD-I, the following uses shall be permitted, subject to meeting the adopted review criteria: all permitted uses in the M-1 (light manufacturing) and M-2 (heavy manufacturing) zone districts as provided in the table of approved uses section 117-99.

Intent. The intent of the PUD-MU district is to allow for the integration of residential, commercial, and industrial development within an area so as to ensure the formation of a self-sustaining project. Light industrial uses, including those permitted in the M-1 (light manufacturing) zone, are permitted, provided they complement the commercial uses and do not substantially impact the residential uses. The following provisions apply to the PUD-MU district:

Size. There is no minimum lot size for the PUD-MU district, provided the proposed development is functional and facilitates self-sustainability.

Uses permitted. Within a PUD-MU district the following uses shall be permitted subject to meeting all applicable criteria and regulations: any permitted, conditional or accessory use allowed in the R-1, R-4, R-3, CC, NC, GC, HC, O, M-1 zone district as allowed in section 117-91.

Supplementary uses. Residential dwellings may be constructed above commercial uses provided:

Is the proposed development in accordance with all elements of the city plan including, but not limited to, land use plan, planning sub-area land use recommendations and traffic circulation?

Have all provisions of the land development code and general conditions, technical specifications and stormwater management plan been met? If not, have the exceptions/variances requested been thoroughly evaluated and made a part of the PUD design?

For a PUD that includes an exception to the height standards, have the following been satisfied?

Are the scale, building bulk and orientation, setbacks, landscaping and visual integrity of the proposed development appropriate for the development, sensitive to the immediate area, compatible with the character of the neighborhood and do they promote the stabilization of the surrounding neighborhood?

Does the design and layout of the proposed development facilitate the development of adjacent property rather than limit design options for adjacent landowners?

Does the proposed development preserve significant existing vegetation (i.e., large trees and unique features of the site?

If the project contains known areas of natural or geologic hazard, including unstable slopes, floodways, high groundwater tables, sink holes or soil conditions unfavorable to urban development, will special engineering precautions be taken to address satisfactorily those limitations or have these areas been appropriately set aside and restricted from development?

The city council may require adequate assurance, in a form and manner that it approves, that the common open space, amenities and public improvements shown in the final development plan will be provided and fully developed.

The city may accept an irrevocable letter, cash escrow or other acceptable financial guarantee, in an amount sufficient to ensure installation and completion of the public improvements and amenities associated with the final development plan.

Density increases will be allowed with the formation of a PUD district. Density increases shall not exceed 50 percent of the permitted maximum density of the underlying zone district, if the PUD is used as an overlay, or land use designation of the city plan is zoned PUD-R. The calculation of density increase shall be based on the sum of those amenities or public improvements included within the development proposal. The types of amenities or public improvements as outlined in the following schedule are illustrative of the kinds eligible for density bonus consideration. The city encourages new creative ideas for density bonus consideration. For those amenities not contained on the following list, percentage bonuses shall be determined on a case-by-case basis and weighed according to their similarity to the prescribed schedule and its contribution (bonafide benefit) to the development proposal.

Parcel size. There shall be no minimum parcel size for a PUD; however, it must be large enough to enable its development as a complete identifiable unit and, through flexibility allowed by the PUD process, provide bona fide benefits to the residential users of the PUD. Recommended minimum lot size for a detached single-family residential PUD is 6,600 square feet when less than 20 percent open space is provided.

Open space. The minimum required open space in residential PUDs shall be 20 percent of the total site. The required open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets or alleys. Said open space shall be devoted to landscaping, walkways, recreational areas and uncovered facilities and preservation of natural features. If there exists common open space in residential PUDs a minimum of 75 percent shall be contiguous lands generally free from obstructions that affect the intended functionality of the open space. Common open spaces shall be distributed equitably throughout the project in relation to the dwelling units of the residents to be served and shall be reasonably accessible to all of the PUD residents.

Natural amenities. The required open space may be left in its natural state if the city determines that the natural landscape should be preserved. Areas devoted to natural flood-control channels or drainage easements may be applied toward satisfying this portion of the total open space requirement.

Clustering. Clustering of dwelling units, commercial and industrial uses is encouraged as long as buffer yards, open space and emergency access are adequately planned. Buffer yards shall be required to separate different uses in order to eliminate or minimize potential interference and nuisances on adjacent properties. The size of the buffer yard shall be determined through the review process, based on its ability to achieve appropriate separation.

Landscaping. A landscape plan, prepared pursuant to the city's adopted landscape regulations, shall be required for all open space in a PUD, with the exception of those areas which the city determines would be most beneficial to the project and the community if left in their natural or existing condition due to those areas' natural beauty or uniqueness. Existing trees, 18 inches in diameter or larger, shall be preserved wherever practical.

Traffic circulation.

Streets. The design of public streets within a PUD shall reflect the nature and function of the street. Existing city standards of design and construction may be modified only as is deemed appropriate by the city after recommendation by the street's superintendent, planning director, fire chief and police chief and based on unique circumstances.

Parking standards.

Building spacing. No specific yard, setback, lot size, or building height requirements shall be imposed (except those required by adopted uniform codes, contemplating matters such as building separation) in any planned unit development district, provided that the spirit and intent of this section are complied with in the final development plan. The city may determine that certain setbacks and building heights be required within all or a portion of a PUD and in all cases the height specified in the base-zoning district should be used as a guide for building with the PUD.

Noise attenuation. Noise attenuation shall be enforced and regulated as provided per the manufacturing/processing performance standards found in division 2 of this article.

Categories of uses to be permitted.

Overall maximum density of residential uses and intensity of nonresidential uses.

General location of vehicular and pedestrian circulation systems.

General location and extent of public and private open space.

General location of residential and nonresidential land uses.

Phasing of development.

A preapplication conference;

A preliminary development plan submittal; and

A final development plan.

Review and discuss the project concept, and to facilitate exchange of information between applicant and the city staff;

Refer the applicant to other departments or agencies to discuss significant issues prior to application submittal;

Determine required applications to be filed and provide applicant with application materials, information on submittal requirements, deadlines and projected time frame for review;

Obtain waiver of any applicant submittal requirements from the planning director.

Any new items not submitted with the preliminary development plan;

Any information demonstrating compliance with the conditions of approval of preliminary development plan;

Any required preliminary/final subdivision plats;

Any required dedication documentation and/or agreements associated with the installation of public improvements;

Any additional, relevant and reasonable information as may be required by the planning director, planning and zoning commission, or city council to evaluate the character and impact of the proposed PUD.

Review conditions of preliminary development plan approval;

Discuss submittal materials; and

Discuss submittal dates and projected time frames for review.

Staff shall act upon the proposal, generally within 30 days of referral, preparing written comments for submittal to the applicant. During this period, the applicant is encouraged to work with the various departments to resolve concerns, revise plans to reflect resolution and to assemble the appropriate documentation for unresolved issues.

After such review, the planning director shall determine if staff may approve the request or if it must be forwarded for public hearing and action to the city council. Staff is not required to approve any application.

An application which meets the following three guidelines shall be considered for final approval by staff; otherwise, the application shall be forwarded to the city council. Applications forwarded to the city council shall follow the procedures outlined in this section.

A change in the use or character of the development;

An increase in overall coverage of structure;

An increase in the intensity of the use;

An increase in the problems of traffic circulation and public utilities;

A reduction in approved open space;

A reduction of off-street parking or loading space;

A reduction in required pavement widths.