Poplar Bluff City Zoning Code
ARTICLE II
Designation of Districts and District Regulations
Section 405.030 Designation of Districts and Boundaries.
[R.O. 2007 App. B §2; Ord. No. 3900 §1(2), 3-6-1972; Ord. No. 6691 §1, 4-5-2004; Ord. No. 7269 §2, 9-19-2011]
A.
Districts. The City of Poplar Bluff, Missouri, is hereby divided into four (4) types of districts:
"R" Districts - Residential | |
"C" Districts - Commercial | |
"M" Districts - Industrial | |
"O" Districts - Professional |
The four (4) types of districts are further divided into the following specific districts: | |
"RS-1" Rural Residential | |
"RS-2" General Residential | |
"RS-3" Central Area Residential | |
"RS-4" Residential | |
"RD-1" Duplex Residential | |
"RA-1" General Apartment Residential | |
"RA-2" Apartment Residential | |
"C-1" Neighborhood Commercial | |
"C-2" General Commercial | |
"C-3" Central Commercial | |
"C-4" Planned Commercial | |
"CX-3" Central Commercial, Mixed-Use District | |
"M-1" Light Industrial | |
"M-2" General Industrial | |
"O-1" Professional Offices |
B.
District Boundaries.
1.
The boundaries of the districts are shown upon the map which is on file in the City offices, and made a part hereof, which map is designated as the "District Map". The District Map and all notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which District Map is properly attested and is on file with the City Clerk of the City of Poplar Bluff, Missouri.
2.
Whenever any street, alley or other public way is vacated by official action of the City Council of the City of Poplar Bluff, the zoning district of such vacation and all area included in the vacation shall be determined by the City Council.
3.
All territory which may hereafter be annexed to the City of Poplar Bluff shall automatically be placed in the most restrictive "RS" Residential District until otherwise changed by ordinance.
Section 405.035 Conditional Use Permit Application – Generally.
[Ord. No. 20-32, 5-18-2020]
The application and questionnaire for a conditional use permit under this Chapter is attached hereto as Exhibit "A," (held on file in the City offices) and incorporated herein by specific reference. Said application is adopted both as to form and content, and required under the application process.
Section 405.040 General Provisions.
[R.O. 2007 App. B §3; Ord. No. 3900 §1(3), 3-6-1972]
A.
Except as hereinafter provided:
1.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
2.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
3.
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
4.
The density and yard regulations of this Chapter are minimum regulations for each and every building existing at the effective date of this Chapter and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or a building hereafter erected or structurally altered shall be considered a yard or lot area for more than one (1) building.
5.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on a lot except as otherwise provided in this Chapter.
6.
No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of this Chapter.
7.
Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
8.
All inhabited mobile homes shall be located in a mobile home court that has received a conditional use permit as required by Section 405.060. No mobile home outside an approved mobile home court shall be connected to utilities except those mobile homes being offered for sale and not inhabited. No mobile home shall be used for commercial or industrial uses, other than as an office in a mobile home court or mobile home sales establishment.
Section 405.045 Downtown Poplar Bluff Entertainment District; Open Cup.
[Ord. No. 21-08, 3-15-2022]
A.
The Downtown Poplar Bluff Entertainment District will include the portion of Vine Street between Sixth Street and S. Main Street, as well as Moran Street beginning at Vine Street and ending at Cherry Street.
B.
Any on-premises retail alcohol beverage permittee located within the entertainment district shall comply with all laws, rules and regulations which govern its permit type, except that a patron, guest or member of that licensee may exit the permitted premises during any times said permitted retail establishment is open, with no more than one (1) open cup of alcoholic beverage, beer and/or wine, and continue to consume said alcoholic beverage, beer and/or wine anywhere within the confines of the entertainment district in which the alcoholic beverage, beer and/or wine was obtained, subject to the following regulations:
1.
A person may not enter other permitted premises with an open container or closed container of alcoholic beverage, beer or wine acquired elsewhere.
2.
A permittee located within the entertainment district shall only allow alcoholic beverages, beer or wine to be removed from permitted premises in a designated cup.
3.
Nothing in this Section permits a patron to possess or consume an alcoholic beverage, beer or wine that was not purchased from an on-premises retail alcohol beverage permittee located within the entertainment district.
4.
Permittees located in the districts shall post a map of the boundaries of the district.
C.
The City reserves the right to modify or repeal this Section, and any district designation created hereunder, at any time, with or without notice.
Section 405.050 Use Regulations.
[R.O. 2007 App. B §4; Ord. No. 3900 §1(4), 3-6-1972; Ord. No. 4241 §§1 — 5, 2-7-1977; Ord. No. 4531 §1, 11-3-1980; Ord. No. 4599, 7-6-1981; Ord. No. 4689 §1, 8-2-1982; Ord. No. 4707 §1, 12-6-1982; Ord. No. 4713 §1, 1-3-1983; Ord. No. 4736 §1, 5-2-1983; Ord. No. 4915 §1, 10-7-1985; Ord. No. 5529 §1, 3-2-1992; Ord. No. 5611 §1, 3-1-1993; Ord. No. 5634 §1, 6-21-1993; Ord. No. 5711 §1, 4-4-1994; Ord. No. 5713 §1, 4-4-1994; Ord. No. 5735 §1, 7-5-1994; Ord. No. 5758 §1, 10-17-1994; Ord. No. 6299 §1, 9-5-2000; Ord. No. 6336 §2, 12-4-2000; Ord. No. 6604 §1, 5-5-2003; Ord. No. 6618 §2, 6-2-2003; Ord. No. 6691 §2, 4-5-2004; Ord. No. 6851 §1, 2-6-2006; Ord. No. 6967 §1, 5-7-2007; Ord. No. 7269 §1, 9-19-2011; Ord. No. 7301 §§1 — 2, 2-21-2012]
A.
General District Regulations. In the following established districts, a building or premises shall be used only for the following purposes.
B.
"RS-1" District.
1.
Permissive uses.
a.
Single-family dwelling.
b.
Public park or playground.
c.
Church.
d.
Public school, elementary and high, or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes.
e.
Golf courses, except miniature course and driving tees operated for commercial purposes.
g.
Farming and agricultural uses.
h.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
2.
Conditional uses.
a.
Privately operated lake, swimming pool or tennis court on site of not less than five (5) acres.
b.
Public building erected by any governmental agency.
c.
Hospital, sanitarium, nursing home or educational, philanthropic or religious institution, except criminal, mental or animal hospital, on site of not less than five (5) acres, provided not more than fifty percent (50%) of the site area may be occupied by buildings and, provided further, that the building shall be set back from all required yard lines an additional foot for each foot of building height.
d.
Two-family home in those locations where on the effective date of this Section more than forty percent (40%) of the frontage on one (1) side of a street between two (2) intersecting streets is used for two-family homes and multiple dwellings.
e.
Greenhouse or nursery.
f.
Day care homes.
g.
Day care centers in churches.
C.
"RS-2" Districts.
2.
Conditional uses.
a.
Any conditional use of the "RS-1" District.
b.
Extraction of mineral and/or materials and the processing, manufacturing, treating and storing of the minerals and materials which are extracted from any portion of the tract of land. All buildings, structures and accessory buildings and uses are permitted that are necessary for the extraction, processing, manufacturing, treating and storing of the mineral or material.
c.
Intermediate care facilities for the mentally retarded, provided that the following are met:
(1)
The minimum site area shall be no less than ten (10) acres.
(2)
The site shall have access to and be located no further than one thousand (1,000) feet from a major arterial street.
(3)
Enclosed structures shall not occupy more than fifty percent (50%) of the lot area.
(4)
The facility shall operate only under a State license.
(5)
All sides of a parking area visible from residential property shall be screened with landscaping or a fence.
(6)
Any additional requirements that might be made by the Planning and Zoning Commission or the City Council to protect the property values, safety and health of neighboring properties.
D.
"RS-3" Districts.
2.
Conditional uses.
a.
Any conditional uses of the "RS-1" and "RS-2" Districts.
b.
Modular homes.
(1)
Modular homes will conform to all local building, electrical and plumbing codes currently adopted by the City of Poplar Bluff.
(2)
Modular homes must be newly constructed and must be set and anchored on a solid foundation that meets currently adopted local building code standards.
(3)
Permits for modular homes will be figured at the same rate as conventional home construction rates are figured.
(4)
Density regulations and setbacks will be the same as for "RS-3" Districts.
(5)
Modular homes must have the seal of approval issued by an engineer licensed in the State of Missouri or by the Missouri Public Service Commission or U.S. Department of Housing and Urban Development.
(6)
Both the electrical and plumbing services and connections shall be done by licensed master electricians and licensed master plumbers licensed in the City of Poplar Bluff.
c.
Manufactured homes.
(1)
Seal required. Only manufactured homes having a seal issued by the Missouri Public Service Commission or the U.S. Department of Housing and Urban Development verifying compliance with applicable manufactured housing codes shall be permitted.
(2)
All manufactured homes must be newly constructed and must be set and anchored on a solid foundation that meets currently adopted local building code standards.
(3)
Permits for manufactured homes will be figured at the same rate as conventional home construction rates are figured.
(4)
Density regulations and setbacks will be the same as for "RS-3" Districts.
(5)
Both the electrical and plumbing services and connections shall be done by licensed master electricians and licensed master plumbers licensed in the City of Poplar Bluff.
(7)
Minimum size of a manufactured home will be restricted to twenty-four (24) feet by thirty-two (32) feet.
E.
"RS-4" District.
1.
Permissive uses.
a.
Any permissive use of the "RS-2" and "RS-3" Districts.
b.
Modular homes.
(1)
Modular homes will conform to all local building, electrical and plumbing codes currently adopted by the City.
(2)
Modular homes must be newly constructed and must be set and anchored on a solid foundation that meets currently adopted local building code standards.
(3)
Permits for modular homes will be figured at the same rate as conventional home construction rates are figured.
(4)
Density regulations and setbacks will be the same as "RS-3" Districts.
(5)
Modular homes must have the seal of approval issued by an engineer licensed in the State of Missouri or by the Missouri Public Service Commission or U.S. Department of Housing and Urban Development.
(6)
Both the electrical and plumbing services and connections shall be done by licensed master electricians and licensed master plumbers licensed in the City.
2.
Conditional uses.
a.
Any conditional use of the "RS-2" and "RS-3" Districts.
b.
Manufactured homes.
(1)
Seal required. Only manufactured homes having a seal issued by the Missouri Public Service Commission or the U.S. Department of Housing and Urban Development verifying compliance with applicable manufactured housing codes shall be permitted.
(2)
All manufactured homes must be newly constructed and must be set and anchored on a solid foundation that meets currently adopted local building code standards.
(3)
Permits for manufactured homes will be figured at the same rate as conventional home construction rates are figured.
(4)
Density regulations and setbacks will be the same as "RS-3" Districts.
(5)
Both the electrical and plumbing services and connections shall be done by licensed master electricians and licensed master plumbers licensed in the City.
(7)
Minimum size of a manufactured home will be restricted to twenty-four (24) by thirty-two (32) feet.
F.
"RD-1" Duplex Residential District.
2.
Conditional uses.
a.
Any conditional use of the "RS-2" and "RS-3" Districts, except conditional use.
b.
Bed and breakfast establishment.
c.
Religious, educational and eleemosynary institution of a philanthropic nature, but not a penal or mental institution.
d.
Hospital or sanitarium, except criminal or animal hospital.
e.
Nursing, rest or convalescent home.
f.
Rowhouse, town house and three- or four-family house where the area being developed is one-half (½) acre in area or larger.
g.
Private school having a curriculum equivalent to and substantially the same as that of a public elementary school or public high school.
G.
"RA-1", "RA-2" Apartment Residential Districts.
2.
Conditional uses.
a.
Any conditional use of the "RD-1" District.
b.
Tourist home when located on an officially designated State or Federal highway.
c.
Rooming house or boarding house.
d.
Private club, fraternity, sorority or lodge, excepting when the chief activity of which is a service customarily carried on as a business.
e.
Day care centers.
H.
"C-1" Neighborhood Commercial District.
1.
Permitted uses.
a.
Any permissive use of "RS-1" District, except residential uses.
b.
Automobile parking lot.
c.
Bank or financial institution.
d.
Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering and bakery with sale of bakery products on the premises and other uses of a similar character.
e.
Mortuary.
f.
Office or office building.
g.
Personal service uses including barbershop, beauty parlor, photographic or art studio, messenger, taxicab, newspaper or telegraphic branch station, laundry or dry cleaning receiving station and other uses of a similar character.
h.
Private school.
i.
Retail store, in connection with which there shall be no slaughtering of animals or poultry nor commercial fish cleaning and processing on the premises.
j.
Theatre, not including drive-in theatre.
k.
Restaurant, cafeteria, not including drive-in establishment.
l.
Self-service laundry or cleaning establishment.
m.
Any permissive or conditional residential use of the least restrictive adjoining district.
2.
Conditional uses.
a.
Any conditional use of the "RA" District.
b.
Automobile service station.
c.
General service and repair establishment, including dyeing or cleaning works or laundry, plumbing and heating, printing, painting, upholstering or appliance repair.[1]
[1]
Editor's Note: Former Subsection (H)(2)(d), regarding medical marijuana dispensaries, was repealed 9-18-2023 by Ord. No. 23-55. Prior history includes Ord. No. 19-48.
I.
"C-2" General Commercial District.
1.
Permissive uses.
a.
Any permissive use of the "C-1" District, except residential uses.
b.
Automobile service station.
c.
Automobile or trailer display and salesroom.
d.
Bowling alley or billiard parlor.
e.
Business or commercial school.
f.
Dancing or music academy.
g.
Display and salesroom.
h.
Farm implements, sale and repair.
i.
Farm store or feed store, including accessory storage of liquid or solid fertilizer.
j.
Frozen food locker.
k.
Hotel or motel.
l.
Laboratory, research, experimental or testing.
m.
Milk distributing station.
n.
Public garage, filling station and automobile repair shop or parking lot.
o.
Radio or television broadcasting station or studio.
p.
Rental agency.
q.
Veterinarian, animal hospital or kennel.
r.
Used car, trailer or boat sales or storage lot.
s.
Dyeing, cleaning, laundry, printing, painting, plumbing, tinsmithing, tire sales and service, upholstering and other general service or repair establishment of similar character. Not more than ten percent (10%) of the lot or tract occupied by such establishment shall be used for the open and unenclosed storage of materials or equipment.
t.
Single-family and duplex dwellings built prior to October, 1976.
u.
Bars and taverns.
v.
Temporary vendors, subject to the following restrictions:
(1)
A site plan shall be submitted to and approved by the Building Inspector showing conformance with the requirements of the zoning ordinance and other City codes;
(2)
All temporary vendor uses shall be in compliance with all applicable codes and standards of the Code of Ordinances; and
(3)
All temporary vendor uses shall be limited to those uses permitted in this district.
w.
Massage establishment.
x.
Tattoo establishment.
y.
Medical marijuana dispensaries.
[Ord. No. 19-48, 7-15-2019]
z.
Medical marijuana-infused products manufacturing.
[Ord. No. 19-48, 7-15-2019]
aa.
Medical marijuana testing facility.
[Ord. No. 19-48, 7-15-2019]
ab.
Recreational marijuana dispensaries.
[Ord. No. 23-55, 9-18-2023]
ac.
Recreational marijuana-infused products manufacturing.
[Ord. No. 23-55, 9-18-2023]
ad.
Recreational marijuana testing facility.
[Ord. No. 23-55, 9-18-2023]
2.
Conditional uses.
[Ord. No. 20-59, 9-8-2020[2]]
a.
Any conditional use of the "C-1" District.
b.
Lumberyard and building materials.
c.
Bakery.
d.
Bottling works.
e.
Wholesale establishment or warehouse in a completely enclosed building.
f.
Truck or bus terminal.
g.
Residential units in commercial buildings and single-family and duplex dwellings built after October, 1976.
h.
The reconstruction of single-family and duplex dwellings not otherwise prohibited hereunder.
i.
Multiple dwelling.
J.
"C-3" Central Commercial District.
2.
Conditional uses.
a.
Any conditional use of the "C-2" District.
b.
Wholesale merchandising or storage warehouse.
c.
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics and printing and finishing of textiles and fibers into fabric goods.
d.
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
e.
Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardware products, sheet metal products and vitreous enameled metal products.
f.
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.
g.
Manufacture or storage of food products, including beverage blending or bottling, bakery products, candy manufacture, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.
h.
Manufacture of boxes, crates, furniture, baskets and other wood products of a similar nature.
i.
Medical marijuana dispensaries.
[Ord. No. 19-48, 7-15-2019]
j.
Recreational marijuana dispensaries.
[Ord. No. 23-55, 9-18-2023]
K.
"C-4" Planned Commercial District.
1.
Conditional uses.
a.
On tracts of land of two (2) acres or more, any permissive or conditional uses of the "C-2" District and any permissive or conditional uses of the "RA-1" District.
Before land is used or a building erected or used for any of the above purposes, a plan shall be recommended by the Planning and Zoning Commission and approved by the City Council for all contiguous property within this district in any one (1) location. From time to time the proponents may make changes in the approved plan so long as such changes have been approved by the Building Inspector or, upon denial of approval by said Building Inspector, with the recommendation of the Commission and the approval of the City Council. What constitutes a "minor" change will be determined by the Building Inspector. No building or occupancy permits shall be issued for any building or use that is not in accordance with an approved plan.
The plan shall be the standard plot plan required to obtain a building permit, except that it shall:
(1)
Show the use or types of uses to be accommodated in each building or portion thereof;
(2)
Show the proposed size, location, use and arrangements of stalls and number of cars. Entrance and exit driveways and their relationship to existing and proposed streets;
(3)
Indicate location, type, use and size of structures on adjacent properties within one hundred eighty-five (185) feet of proposed development;
(4)
Provide for the dedication of any right-of-way for the widening, extension or connection of major streets as shown on the official plan; and
(5)
Indicate the stages, if any, which will be followed in construction.
b.
On tracts of land of less than two (2) acres which cannot be incorporated into a plan without causing unnecessary hardship to the landowner, the Board of Adjustment shall have discretion to assign an appropriate use variance.
L.
"M-1" Light Industrial District.
1.
Permissive uses.
a.
Any permissive or conditional use, except "RS-1" and "RS-3" conditional use (b), allowed in "C-3" (Central Business District) and "RS-4" (Manufactured homes) as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke or vibration, except that no dwelling other than for a resident watchman or caretaker employed on the premises shall be erected, converted, reconstructed or structurally altered except for residential uses as described in conditional uses Subsection (a). No structure shall be used for a church, school, institutional or residential purposes, except for a resident watchman or caretaker except for residential uses as described in conditional uses Subsection (a).
b.
Accessory storage if it is enclosed in a building or screened by a fence or wall not less than six (6) feet in height.
c.
Storage in underground tanks of fuel oil for consumption on the premises.
d.
Medical marijuana dispensaries.
[Ord. No. 19-48, 7-15-2019]
e.
Medical marijuana testing facility.
[Ord. No. 19-48, 7-15-2019]
f.
Medical marijuana cultivation facility.
[Ord. No. 19-48, 7-15-2019]
g.
Recreational marijuana dispensaries.
[Ord. No. 23-55, 9-18-2023]
h.
Recreational marijuana testing facility.
[Ord. No. 23-55, 9-18-2023]
i.
Recreational marijuana cultivation facility.
[Ord. No. 23-55, 9-18-2023]
2.
Conditional uses.
a.
Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners and, if approved, are subject to the following additional conditions:
(1)
One (1) parking space for every four (4) residents, including staff residents.
(2)
The proposed facility shall provide appropriate and reasonable security.
(3)
The facility shall have no exterior evidence of such use and no sign advertising such use.
(4)
At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), children's nursery or boarding home, day care center, residential zone, existing residential use or facility for the mentally or physically handicapped, the City Council may require such additional conditions on the conditional use permit as it feels are necessary to minimize the effect of the proposed use on the surrounding properties.
M.
"M-2" General Industrial District.
1.
Permissive uses.
a.
Any uses not in conflict with any ordinance of the City regulating nuisances or special hazards, except the following conditional uses and except that no dwelling other than that for a resident watchman or caretaker employed on the premises shall be permitted except for residential uses as described in conditional uses Subparagraph (2)(r) below and no building shall be erected, converted, reconstructed or structurally altered for church, school, institutional or residential purposes, except for watchman or caretakers employed on the premises except for residential uses as described in conditional uses Subparagraph (2)(r) below.
b.
Medical marijuana-infused products manufacturing.
[Ord. No. 19-48, 7-15-2019]
c.
Medical marijuana testing facility.
[Ord. No. 19-48, 7-15-2019]
d.
Medical marijuana cultivation facility.
[Ord. No. 19-48, 7-15-2019]
e.
Recreational marijuana dispensaries.
[Ord. No. 23-55, 9-18-2023]
f.
Recreational marijuana testing facility.
[Ord. No. 23-55, 9-18-2023]
g.
Recreational marijuana cultivation facility.
[Ord. No. 23-55, 9-18-2023]
2.
Conditional uses.
a.
Acid manufacture.
b.
Automobile wrecking, cars and parts, storage and sale.
c.
Cement, lime, gypsum or plaster of Paris manufacture.
d.
Distillation, manufacture or refining of bones, coal or tar asphalt.
e.
Explosives, manufacture or storage.
f.
Fat, grease, lard or tallow rendering or refining.
g.
Fertilizer manufacture (from organic matter).
h.
Glue or size manufacture.
i.
Garbage, offal or dead animal reduction or dumping.
j.
Junk and salvage (metal, paper, rags, waste or glass) storage, treatment or baling.
k.
Paper manufacture.
l.
Petroleum or asphalt refining.
m.
Petroleum products terminal.
n.
Smelting of tin, copper, zinc or iron.
o.
Storage or processing of rawhides or fur.
p.
Stockyards or slaughter of animals (except poultry).
q.
Extraction from the premises of gravel, sand or other raw materials.
r.
Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners and, if approved, are subject to the following additional conditions:
(1)
One (1) parking space for every four (4) residents, including staff residents.
(2)
The proposed facility shall provide appropriate and reasonable security.
(3)
The facility shall have no exterior evidence of such use and no sign advertising such use.
(4)
At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), children's nursery or boarding home, day care center, residential zone, existing residential use or facility for the mentally or physically handicapped, the City Council may require such additional conditions on the conditional use permit as it feels are necessary to minimize the effect of the proposed use on the surrounding properties.
N.
"O-1" Professional Office District Regulations.
1.
The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations of the "O-1" (Professional Office) District. The purpose of the "O-1" (Professional Office) District is to provide adequate space in appropriate locations suitable for accommodating medical, dental and similar services, as well as professional offices. Bulk limitations are designed to provide maximum compatibility with less intensive land use in adjacent residential districts and with more intensive land use in adjacent commercial districts. Architectural and landscape design standards are designed to foster aesthetically pleasing buildings and preserve the character of neighboring land uses. The "O-1" (Professional Office) District is to act in the capacity of a transitional and supporting zone.
2.
Permissive uses.
a.
Professional services and offices, including medical, dental and other health related services; legal, engineering, surveying, architectural, research, accounting and planning services, excluding animal hospitals and animal clinics.
b.
Finance, insurance and real estate services and offices, including banking and saving and loan institutions, credit services, security and commodity brokers and dealers, insurance carriers, agents brokers and services, real estate and real estate related activities and holding and investment services.
c.
Government services and offices, including executive, legislative and judicial functions; protection functions; post offices, excluding prisons and military bases.
d.
Educational services and offices, including public schools or private schools having a curriculum similar to that ordinarily given in a public school, including religious instruction in a parochial schools, but excluding driving education schools.
e.
Churches and similar places of worship including auxiliary buildings.
f.
Nursing, rest or convalescent homes.
g.
Publicly owned or operated parks, playgrounds, community buildings, museums, libraries or art galleries and municipal facilities including police and fire stations.
h.
Gymnasiums and multi-purpose recreational facilities typically associated and appurtenant to public or private schools, churches or similar places of worship, hospitals or medical clinics.
i.
Restaurants, cafeterias, gift shops, magazine stands, drugstores and medical prescription centers will be permitted, provided they are operated as an accessory to and located within a permitted use of the "O-1" (Professional Office) District and, further provided, that any advertising of such sales shall be confined to the interior of the building and shall not be visible from the outside of such building.
j.
Any other type of business, institutional, governmental, professional or medical use not specifically permitted herein, when authorized by the City Council after receipt of review and recommendations from the Planning and Zoning Commission and only when such is consistent with the intent and purpose of the "O-1" (Professional Office) District regulations.
4.
Other use regulations for "O-1" Districts.
a.
Sign regulations. Outdoor advertising sign or structure displayed under the following conditions and in conformance with Section 405.095 except as provided herein.
(1)
Signs shall contain only the name of the business establishment, the principal business conducted on the premises or commodities, services or products sold or offered on the premises that the sign occupies.
(2)
Attached or painted signs containing not more than thirty-two (32) square feet in sign face area shall be permitted on any building or structure. An attached sign shall not project more than twelve (12) inches from the building, if mounted parallel to the wall or four (4) feet, if mounted perpendicular to the wall and shall not project above the principal roof of a building; except that a sign may be attached flat against or painted on a parapet wall extending not more than three (3) feet above such roof line.
(3)
Detached, ground signs, low profile signs or structures containing not more than thirty-two (32) square feet in sign face area, (if double-faced, the area of the sign shall be the area of one (1) face of the sign); provided that any such sign shall not be located within fifty (50) feet of any residential district and not more than one (1) such sign shall be located at least ten (10) feet from the property line and not exceeding eight (8) feet in height.
(4)
No lighted signs, including neon and flashing signs, will be allowed. Ground source external illumination not interfering with traffic will be permitted.
(5)
No pole signs permitted.
b.
Access, parking and loading regulations. Off-street parking and loading shall be provided in accordance with the requirements for specific uses set forth in Section 405.100, except as provided herein. All off-street parking spaces shall be set back a minimum of ten (10) feet from the street right-of-way. Access requirements shall be the same as those for the "C-2" General Commercial District except as provided below:
(1)
All off-street parking required for buildings constructed in the "O-1" (Professional Office) District shall be located in the side and/or rear yards of said lot.
c.
Height, area and lot size regulations. In addition to the specific requirements for the "O-1" (Professional Office) District, all height, area and lot size regulations and exceptions set forth in Section 405.070 and Section 405.090, as they apply to use in the "O-1" (Professional Office) District, shall be observed.
(1)
Height. The maximum height of buildings permitted shall be as follows:
(2)
Area. No building or structure shall be erected or enlarged, unless the following yards are provided and maintained in connection with such building, structure or enlargement:
(a)
Front yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet.
(b)
Side yard. Each lot upon which a building is constructed shall have a side yard of eight (8) feet.
(c)
Rear yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet.
(3)
Lot size. The minimum lot size permitted shall be as follows:
(a)
All uses shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the front lot line of not less than seventy-five (75) feet.
(4)
Percentage of lot coverage. There are no lot coverage requirements for buildings and structures permitted in the "O-1" (Professional Office) District.
d.
Architectural design regulations.
(1)
Exterior wall surfaces of all buildings constructed in the "O-1" (Professional Office) District shall be faced with brick, stone, architectural treated or rock face concrete block, stucco, architecturally treated, textured or patterned cast-in-place or pre-cast concrete, glass or an equivalent or better. Up to twenty-five percent (25%) of any wall surface may be an artificial stucco product, wood or metal used as architectural trim as approved by the Planning and Zoning Commission.
(2)
In general, buildings should relate in scale and proportion to other buildings in the area.
(3)
Service, mechanical and refuse collection areas shall be designed as an architectural feature of the building and entirely screened from view from the rights-of-way or adjacent residential areas.
e.
Landscape design regulations. A landscape plan shall be required and approved for all projects constructed in the "O-1" (Professional Office) District.
(1)
Design criteria. A plan must include the following elements:
(a)
The location and dimensions of all existing and proposed structures, natural features, detention areas, parking lots and drives, roadways and right-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, retaining walls, freestanding electrical equipment, utility easements, conservation easements and ground lighting and any other features deemed necessary by the Building Inspector or his/her designee.
(b)
The location, quantity, size, root ball condition (e.g., b/b or potted) and type, both scientific and common of all proposed materials and the location, quantity, size and names of all existing plant materials that will remain on the site.
(c)
The arrangement of trees and shrubs shall be done in a manner that provides the maximum visual separation between adjacent land uses. Selection of plant materials and locations of plantings shall be made with consideration to avoid interference with existing utility lines.
(d)
Use of species native to Missouri is preferred.
(e)
The scale and nature of the landscape material shall be appropriate to the site and structures.
(f)
Detention/retention basins and ponds shall be landscaped along the perimeter of the high water level of the basin or pond.
(g)
Earthen berms and existing topography shall, whenever practical, be incorporated into the site landscape treatment. Berms shall be stabilized to prevent erosion and of such a slope to allow maintenance.
(2)
Installation. All landscaping shall be installed according to sound nursery practices. All landscape material, living and non-living, shall be healthy and in place prior to issuance of a final occupancy certificate. A temporary occupancy certificate may be issued prior to installation of required landscaping if written assurances and financial guarantees satisfactory to the City planner are submitted ensuring that planting will take place when planting season arrives. The amount of financial guarantee shall be equal to two (2) times the estimated cost of the plant material based on written cost estimates provided by the developer.
f.
Enforcement regulations. Prior to receiving a building permit for construction in an "O-1" (Professional Office) District, architectural and landscape plans must be submitted to the Planning and Zoning Commission. The Commission has the ability to consider and take action on those plans in one (1) meeting.
O.
"CX-3" Central Commercial, Mixed-Use District.
1.
Purpose and intent. The purposes of the "CX-3" Central Commercial, Mixed-Use District are to:
a.
Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the non-residential space;
b.
Encourage development that exhibits the physical design characteristics of pedestrian- oriented, storefront-style shopping streets;
c.
Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction; and
d.
Promote an environment of confidence in property owners that a return of their investment is possible.
2. DWELLING UNIT FAMILY FLOOR AREA RATIO (FAR) GROSS FLOOR AREA MIXED-USE BUILDING MULTIPLE-FAMILY DWELLING ROOMING UNIT TEMPORARY HOUSING
Definitions. As used in this Subsection, the following words and terms shall have the meanings specified herein:
One (1) or ore rooms in a building designed for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.
An individual or married couple and the children thereof and no more than two (2) other persons.
The ratio of residential use gross floor area to the commercial use gross floor area (in square feet).
The sum of the gross horizontal areas of all floors of a building measured from the exterior walls or from the centerline of walls separating two (2) buildings. Gross floor areas does not include basements when at least one-half (½) the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on- or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven (7) feet, exterior balconies, uncovered steps, or inner courts.
A building that contains at least one (1) floor devoted to allowed non-residential uses and at least one (1) devoted to allowed residential uses.
Building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other (multi-unit residential).
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.
3.
"CX-3" zoning regulations.
a.
Commercial establishment size limits. The gross floor area of commercial establishments in the "CX-3" District shall not exceed fifteen thousand (15,000) square feet.
b.
Indoor/outdoor operations. All permitted uses in the "CX-3" District must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.
c.
Floor to ceiling heights and floor area of ground-floor space.
d.
Living area per unit (density). The minimum living area per permissive dwelling unit shall be one thousand (1,000) square feet for mixed-use buildings.
e.
Floor area ratio (FAR). The maximum FAR shall be two (2.0) for mixed-use buildings. Two (2) square feet of residential use is allowed for each square foot of commercial use.
f.
Setbacks.
(1)
The entire building facade must abut front and street side property lines or be located within ten (10) feet of such property lines.
(2)
For new residential construction, the minimum rear setback is twenty-five percent (25%) of the lot depth.
(3)
No side setbacks area required in the "CX-3" District, except when "CX-3" zoned property abuts "R" zoned property, in which case the minimum side setback required in the "CX-3" District shall be the same as required for a residential use on the abutting "R" zoned lot.
g.
Building height. The maximum building height shall be forty-five (45) feet for mixed-use buildings and forty-five (45) feet for all other buildings.
h.
Transparency.
(1)
A minimum of twenty percent (20%) of the street-facing building facade between two (2) feet and eight (8) feet in height must be comprised of windows that allow views of indoor space or product display areas.
(2)
The bottom of any window or product display window used to satisfy the transparency standard of paragraph (1) above may not be more than five (5) feet above the adjacent sidewalk.
(3)
Product display windows used to satisfy these requirements must have a minimum height of three (3) feet and be internally (inside building) lighted.
(4)
Existing and new buildings must comply with the Design Guidelines for the Poplar Bluff Local Commercial Historic District.
i.
Doors and entrances.
(1)
Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may used to satisfy this requirement.
(2)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(3)
Existing buildings must comply with the Design Guidelines for the Poplar Bluff Local Commercial Historic District.
j.
Vehicle and driveway access. No curb cuts at street-side are allowed for lots that abut alleys where alley allows for vehicle traffic.
4.
Parking requirements.
a.
Location of parking spaces and vehicle types that may be parked.
(1)
Parking spaces may be located and vehicles may be parked in the side or rear yards.
(2)
Parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only. Driveways and parking areas shall be an improved, hard surface of asphalt or other.
(3)
No trucks, truck trailers, or vehicles of any type shall be on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs.
(4)
No trucks or trailers of any kind, or any portions thereof, shall be used for storage purposes.
(5)
Vehicles in excess of thirty thousand (30,000) pounds gross vehicle weight are permitted within this district only if the following two (2) conditions are met:
(a)
After taking into account the number of normal parking spaces which such vehicle occupies, the remaining number of available parking spaces must still meet the number of required spaces provided for within this district; and
(b)
The parking of any such vehicle must not limit ingress or egress from the facility, nor impose upon any fire lanes or any other applicable regulation or restriction. If these two (2) restrictions cannot be met, parking of vehicles in excess of thirty thousand (30,000) pounds gross vehicle weight is not permitted.
b.
Number of required spaces. No parking spaces on the same lot with the commercial business or use served shall be required within this zoning district. Parking required for residential use shall be based on the number of living units. One (1) parking space per bedroom required for multi-unit residential use.
5.
"CX-3" district uses.
a.
"CX-3" permissive use regulations.
(1)
Permissive commercial uses.
Animal services — sales and grooming (indoor).
Artisan (hand tools only; e.g., jewelry or ceramic).
Artist work or sales space.
Automobile parking lot.
Bank or financial institution.
Bowling alley or billiard parlor.
Business or commercial school.
Co-located wireless communication facilities.
Dancing or music academy.
Display and salesroom.
Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering and baking with sale of bakery products on the premises and other uses of a similar character.
Dyeing, cleaning, laundry, printing, painting, plumbing, tinsmithing, tire sales and service, upholstering and other general service or repair establishment of similar character. Not more than ten percent (10%) of the lot or tract occupied by such establishment shall be used for the open and unenclosed storage of materials or equipment.
Food and beverage retail sales.
Health clubs and gyms.
Laboratory, research, experimental or testing.
Medical service.
Mortuary.
Office or office building.
Personal service uses including barbershop, beauty parlor, photographic or art studio, messenger, taxicab, newspaper or telegraphic branch station, laundry or dry cleaning receiving station and other uses of a similar character.
Pharmacy.
Radio or television broadcasting station or studio.
Rental agency.
Repair service, consumer.
Restaurant, cafeteria, not including drive-in establishment.
Retail sales, general.
Retail store, in connection with which there shall be no slaughtering of animals or poultry nor commercial fish cleaning and processing on the premises.
Self-service laundry or cleaning establishment.
Temporary vendors, subject to the following restrictions:
(a)
A site plan shall be submitted to and approved by the Building Inspector showing conformance with the requirements of the zoning ordinance and other City codes;
(b)
All temporary vendor uses shall be in compliance with all applicable codes and standards of the Code of Ordinances; and
(c)
All temporary vendor uses shall be limited to those uses permitted in this district.
Theatre, not including drive-in theatre. |
(2)
"CX-3" permissive residential uses.
Artists live/work space located above the ground floor.
Dwelling unit located above the ground floor.
Multi-unit (3+ units) residential above the ground floor with one thousand (1,000) square feet or greater per living unit.
Single-family and duplex dwellings built prior to October 1976.
(3)
"CX-3" permissive public/civic uses.
Church.
Colleges and universities.
Cultural exhibits and libraries.
Postal service.
Public park or playground.
Public safety services.
Utilities and service, minor.
b.
"CX-3" conditional uses.
(1)
Conditional commercial uses.
[Ord. No. 19-48, 7-15-2019; Ord. No. 20-32, 5-18-2020; Ord. No. 23-55, 9-18-2023]
Artist live/work space ground floor. |
Compounding of cosmetics, toiletries, drugs and pharmaceutical products. |
Drive-through facility. |
Entertainment and spectator sports: Small (1 — 149); Medium (150 — 999) |
Establishments that sell liquor by the drink. |
Food pantry. |
Hotels, motels, bed and breakfasts. |
Manufacture of boxes, crates, furniture, baskets, and other wood products of a similar nature. |
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus. |
Manufacture or storage of food products, including beverage blending or bottling, bakery products or candy manufacture. |
Manufacturing of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics and printing and finishing of textiles and fibers into fabric goods. |
Medical marijuana dispensaries. |
Multi-unit residential with less than one thousand (1,000) square feet per living unit. |
Nutrition center. |
Parking, commercial (non-accessory). |
Personal services, other (massage therapist or chiropractic, cash loans, bail bonds). |
Recreational marijuana dispensaries. |
Residential storage, warehouse in basement. |
Restaurant with liquor by the drink. |
Tattoo shop. |
Veterinary services. |
Wholesale merchandising or storage warehouse. |
Wireless communication facilities — freestanding (towers). |
(2)
Conditional residential uses.
Group home. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be philanthropic/charitable or not-for-profit in nature.
Multiple dwelling with residential use allowed on the ground floor
Townhouse.
Transitional residences above ground floor.
(3)
Conditional civic/public uses.
Public school, elementary and high or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes.
Utilities and services major.