Sedalia City Zoning Code

ARTICLE II

DISTRICTS

Sec. 64-34. - Districts.

(a)

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration or use of buildings, structures or land, the city is hereby divided into districts as follows:

District A	Agricultural district
District R-1	Single-family residential district
District R-2	Two-family residential district
District R-3G	Garden apartment district
District R-3	Apartment house district
District C-O	Nonretail district
District C-1	Local business district
District C-2	General business district
District C-3	Commercial district
District M-1	Light industrial district
District M-2	Heavy industrial district
District FP	Floodplain district

(b)

In addition, planned districts equivalent to these districts are provided for in section 64-49.

(Code 1969, § 34-3; Code 1982, § 31-3; Ord. No. 7763, § 4, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-35. - District map adopted; district boundaries.

(a)

Boundaries of the districts, as enumerated in section 64-34, are hereby established as shown on a map prepared for that purpose, which map is hereby designated as the zoning district map; and such map and all the notations, references and information shown thereon is hereby made as much a part of this chapter as if the same were set forth in full herein. It shall be the duty of the planning and zoning commission to keep on file in its office an authentic copy of such map, and all changes, amendments or additions thereto.

(b)

When definite distances in feet are not shown on the zoning district map, the district boundaries are intended to be along existing street, alley or platted lot lines, or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the community development director and/or departmental designee, due consideration being given to location as indicated by the scale of the zoning district map.

(c)

When streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the community development director and/or departmental designee may apply the district designations on the map, to the streets or alleys on the ground in such manner as to conform to the intent and purpose of this chapter.

(d)

Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley.

(e)

All territory which may hereafter be annexed to the city shall automatically either, if improved land, have the classification its current use would indicate, or if it is unimproved land, it shall have such classification its intended use would indicate, under the classifications contained in this chapter until such classification shall have been changed by an amendment to this chapter as provided by law. Such amendment to be enacted within 90 days of annexation. In the event, the council or the owners of said land desire a different classification for such annexed land, then such change shall be first submitted to the planning and zoning commission for its approval or disapproval prior to the council's action on such classification change.

(Code 1969, § 34-4; Code 1982, § 31-4; Ord. No. 8718, § 1, 9-21-1992; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-36. - District A, agricultural.

(a)

Purpose/intent. The district A, agricultural, is designed to:

(1)

Preserve prime agricultural land for the production of food and fiber;

(2)

Protect existing farm operations from nonfarm persons objecting to normal farmland uses; and

(3)

Restrict low density rural, suburban or urban development in the rural area until public utilities and services are available or feasible.

(b)

Permitted use regulations. In district A, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered except for one or more of the following uses:

(1)

Farming.

(2)

Farm dwellings provided for the owner and tenants in conjunction with farm use.

(3)

Housing for migrant workers.

(4)

Accessory farm buildings and structures, including barns, sheds, silos, windmills, stables, pens and kennels.

(5)

Grain elevators.

(6)

Orchards.

(7)

Nurseries and greenhouses.

(8)

Forest and lumbering operations.

(9)

Mining, quarrying or other extracting activity of raw materials.

(10)

Monument sales.

(11)

Cemeteries.

(12)

Churches.

(13)

Fishing preserves.

(14)

Parks, playgrounds, golf courses and other open land recreational uses, but not including intensive commercial amusement uses such as pitch-and-putt golf courses, driving ranges, miniature golf courses, automobile racetrack or amusement parks.

(15)

Public and semipublic camps such as Boy Scout, Girl Scout, 4-H, church, but not including overnight travel-trailer or recreational vehicular commercial facilities.

(16)

Radio or television stations, transmitters or towers.

(17)

Roadside stands for the retail sale of farm produce grown on the premises.

(18)

Sanitary landfills and refuse disposal areas, but not including hazardous waste as defined by federal and state law.

(19)

Schools.

(20)

Truck farms.

(21)

Veterinarian clinics, animal hospitals, or animal boarding stables or kennels.

(c)

(1)

Airports.

(2)

Billboards.

(3)

Commercial amusement parks and uses, including pitch-and-putt golf courses, driving ranges, miniature golf courses or automobile racetracks.

(4)

Commercial or industrial business directly serving a farm.

(5)

Crematories or mausoleums.

(6)

Drive-in movies.

(7)

Feedlots (a livestock holding area where neither crop nor forage growth can be sustained, and shall be subject to the requirements of the clean water commission, department of natural resources in the state before being approved by the commission and council).

Small feedlots (less than 1,000 head of livestock or the equivalent) shall have a letter of approval from the department of natural resources prior to the approval of the commission and council.

Large feedlots (over 1,000 head of livestock or the equivalent) shall have a permit for a point source of pollution from the department of natural resources prior to the approval of the commission and council.

Sewage disposal or water supply treatment plants and other public or semipublic utility facilities.

(8)

Isolation homes, penal institutions, sanitariums or asylums.

(9)

Nursing and care homes subject to inspection and license requirements.

(10)

Any public building or land use by any department of the city, county, state or federal governments.

(11)

Shooting ranges and hunting preserves.

(d)

Density. In district A, there shall be a maximum area density of five percent of the land area being covered by buildings or structures.

(1)

Area. All lots or parcels shall contain a minimum area of five acres.

(2)

Height. No height restriction (except as prescribed by Federal Aviation Agency of the United States).

(3)

Front yards. Any building hereinafter constructed shall provide for a front yard having a minimum depth of at least 80 feet from the centerline of the traveled road. Corner lots shall provide such setback for both roads.

(4)

Side and rear yards. Side and rear yards shall be a minimum of 50 feet.

(Code 1982, § 31-16.1; Ord. No. 7763, § 5, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-46 as new § 64-36.

Sec. 64-37. - District R-1, single-family residential.

(a)

Purpose/intent. The single-family residential district is intended to provide for low density (7,000 square feet or larger lot) residential use areas developed in a manner that reflects a suburban character. The typical dwelling densities would be three to six units per acre associated with areas identified as Suburban Residential Development in the Sedalia Master Plan.

(b)

Use regulations. In district R-1, single-family residential, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered except for one or more of the following uses:

(1)

Dwellings, one-family;

(2)

Churches and publicly owned and operated community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations, if located in accordance with at least one of the following:

On a lot already devoted to the use for which the building permit is required;

On a lot having a side line common to a public park, playground or directly across a street from any one or combination of such uses;

On a corner lot having a minimum of 100 feet frontage;

On a lot three sides of which adjoin streets;

On a lot approved by the city council, following public hearing, as being a location where such building will not materially injure neighboring property for residential use.

Churches and publicly owned and operated community buildings, public museums, public administrative buildings, public libraries, police stations and fire stations (in any district where they are allowed), as their primary purposes, which also shall be permitted to be used as temporary cooling shelters and temporary warming shelters, provided that such use is an accessory use for the structure.

(3)

Public parks and playgrounds, including public recreation or service buildings within such parks;

(4)

Public schools, elementary, junior, middle and high, and private schools with curriculum equivalent to that of a public elementary, junior, middle or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus; and day care centers operated within or in conjunction with said schools;

(5)

Day care homes;

(6)

Foster family homes;

(7)

Group care homes;

(8)

Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges and other similar activities operated as a business);

(9)

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

(10)

Agriculture, nurseries and truck gardens limited to the propagation and cultivation of plants; provided, that no retail or wholesale business shall be conducted upon the premises; and provided, that no obnoxious soil or fertilizer renovation is conducted thereon. Greenhouses may be constructed upon approval of the board under such regulations as the board may impose as to size, location or other conditions;

(11)

Accessory uses, including automobile parking area, customarily incident to the uses stated in this subsection (a) and located on the same lot therewith, not involving the conduct of a business or industry.

A billboard, signboard or advertising sign shall not be permitted as an accessory use, except that the placing of an unilluminated "For Sale" or "For Rent" sign not more than eight square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a building one unilluminated sign showing the names of contractors or architects for such buildings shall be permitted, providing such sign shall not be more than 64 square feet in area, and shall not be set more than five feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building.

For any dwelling house constructed after January 1, 2021, there shall be permitted one private garage with space for not more than one motor vehicle for each 2,000 square feet in lot area, or servants' quarters; provided, that such garage or servants' quarters shall be located not less than 60 feet from the front lot line, nor less than three feet from any side or rear lot line, and in the case of corner lots not less than the distance required for residences from side streets. Any existing garage existing prior to January 1, 2021 may be rebuilt on the existing building footprint, provided it is rebuilt to current building code regulations, the property lines are found and identified and there is a two-hour firewall on any wall that is closer than ten feet to an adjacent structure. A garage may be constructed across a common lot line by mutual agreement between property owners. A garage or servants' quarters 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 feet from 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.

Reserved.

Community garages may be permitted by the council. Such community garages may provide facilities for washing cars; and access thereto, if from the street, shall be by not more than one driveway. Such garages shall be at least six feet from any party lot line and shall be set back from any front or side street line at least ten feet more than would be required for a dwelling house in the same location, and shall not be over one story or 16 feet high. No commercial vehicle of more than two and one-half tons capacity shall be housed in any such community garage.

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

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 the articles produced or constructed are not sold either on or off the premises and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

Reserved.

(12)

Community residential facility;

(13)

Emergency housing;

(14)

Permanent supportive housing;

(15)

Residential facilities with the primary purpose of serving homeless individuals or families; provided, the director of community development may recommend to the planning and zoning commission and city council a limit for the number of service providers (including volunteers and paid employees and including both live-in managers and day workers) and require mitigation measures for emergency housing facilities and transitional housing facilities that use service providers to avoid impacts on the neighborhood and ensure that the facility is consistent with the intent of the zoning district in which it is located and the character of the neighborhood. Any human services or training provided on the premises shall be for the benefit of residents only.

(16)

Transitional housing;

(c)

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

(1)

Height. Buildings or structures shall not exceed 35 feet, and shall not exceed two and one-half stories in height.

(2)

Front yards. Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least 25 feet. Any structure hereafter constructed shall be at least 25 feet from the right-of-way line of the public street or alley abutting the front yard, or as otherwise measured in subsection 64-154(d)(2).

(3)

Side yards. 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 five feet, and need not be more than 15 feet. Buildings on corner lots, where interior lots have been platted or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street; provided, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership on December 1, 1969, to less than 28 feet; and provided, that the side yard regulations in this subsection shall be observed.

(4)

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

(5)

Width of lot. The minimum width of a lot shall be 60 feet; provided, that where a lot has less width than herein required, in separate ownership on December 1, 1969, this regulation will not prohibit the erection of a one-family dwelling.

(6)

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than 7,000 square feet per family; provided, that where a lot has less area than herein required in separate ownership on December 1, 1969, 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.

(7)

Floor area. Every dwelling hereafter erected, constructed, reconstructed or altered in a district R-1 shall have a floor area excluding basements, open and screened in porches and garages, of not less than 650 square feet for each dwelling unit.

(8)

Parking regulations. See section 64-155.

For exception see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-7; Code 1982, § 31-7; Ord. No. 7321, § 2, 6-6-1977; Ord. No. 7341, § 4, 8-1-1977; Ord. No. 8162, § 2, 7-28-1986; Ord. No. 8391, § 1, 11-7-1988; Ord. No. 9407, § 1, 10-18-2004; Ord. No. 9441, §§ 1, 2, 6-6-2005; Ord. No. 9777, §§ 2—4, 4-5-2010, eff. 7-1-2010; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10997, § 2, 8-19-2019; Ord. No. 11309, § 2, 1-19-2021; Ord. No. 11752, § 1, 2-22-2023; Ord. No. 11784, § 2, 4-17-2023; Ord. No. 11784, § 3, 4-17-2023; Ord. No. 11784 § 4, 4-17-2023; Ord. No. 11946, § 3, 12-4-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-36 as new § 64-37.

Sec. 64-38. - District R-2, two-family residential.

(a)

Purpose/intent. The two-family residential district is intended to provide for low density and medium density residential use (3,500 square feet or larger lot) areas developed in a manner that reflects an urban or suburban character. The typical dwelling densities would be seven to 12 units per acre and associated with areas identified as urban and suburban residential development in the Sedalia Master Plan.

(b)

Use regulations. In district R-2, two-family residential, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Any use permitted in district R-1;

(2)

Two-family dwellings;

(3)

Accessory uses as provided in district R-1; except, that in district R-2 a private garage may provide space for not more than one motor vehicle for each 1,500 square feet of lot area.

(4)

Community residential facility;

For exceptions see section 64-124, pertaining to special use permits; section 64-152, pertaining to nonconforming uses; and division 14 of article VI of chapter 2, pertaining to the powers and duties of the board.

(c)

Height and area regulations. In district R-2 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Same as district R-1.

(2)

Front yards. Same as district R-1.

(3)

Side yards. Same as district R-1, including regulations for corner lots adjacent to reversed frontage.

(4)

Rear yards. Same as district R-1.

(5)

Width of lot. Same as district R-1.

(6)

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than 6,000 square feet per family for one-family dwellings, or 3,500 square feet per family for two-family dwellings; provided, that where a lot has less area than herein required, in separate ownership, on December 1, 1969, 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.

(7)

Floor area. Every single-family dwelling hereafter erected, constructed, reconstructed or altered in a district R-2 shall have a floor area, excluding basements, open and screened porches and garages, of not less than 650 square feet for each dwelling unit; and every two-family dwelling shall have not less than 500 square feet for each dwelling unit.

(8)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-8; Code 1982, § 31-8; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784 § 5, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-37 as new § 64-38.

Sec. 64-39. - District R-3G, garden apartment.

(a)

Purpose/intent. The garden apartment district is intended to provide for medium density residential use (2,500 square feet or larger lot) areas developed in a manner that reflects an urban or suburban character. The typical dwelling densities would be 13 to 17 units per acre and associated with areas identified as urban and suburban residential development in the Sedalia Master Plan.

(b)

Use regulations. In district R-3G, garden apartment, 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:

(1)

Any use permitted in district R-2;

(2)

Garden apartment buildings;

(3)

Customary accessory uses located on the premises and not involving the conduct of a business or industry.

(c)

Height and area regulations. In district R-3G, the height of buildings, the minimum amount of open space and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Buildings or structures shall not exceed 35 feet and shall not exceed two and one-half stories in height.

(2)

Setback from streets. No building shall be located closer to a public or private street line than 25 feet.

(3)

Setback from property lines. No building shall be located closer to a property line, other than a street line, less than a distance equal to its height. In the event the R-3G property abuts a zoning district with more restrictive side and rear yard requirements, such side and rear yard requirements as contained in the adjoining zoning district shall be used in the R-3G property which abuts said zoning district instead of the R-3G side and yard requirements.

(4)

Setback for parking and service areas. No parking or service area shall be closer than six feet to a property line or private street line, or closer than 25 feet to a street line. In the event the R-3G property abuts a zoning district with more restrictive requirements for the placement of parking and service areas, such more restrictive requirements as contained in the adjoining zoning district shall be used in the R-3G property which abuts said zoning district for the placement of such parking or service areas instead of the R-3G setbacks for parking and service areas.

(5)

Lot area for dwelling unit. Not more than one dwelling unit for each 2,500 square feet of lot area shall be permitted.

(6)

Relationship between buildings. The location of buildings on the tract shall be such that adequate light and air are available to all dwelling units. In additional, no two buildings or opposite portions of a building around a court shall have a closer relationship than the following:

Back to back, 40 feet;

Front to front, 50 feet;

End to end, 20 feet;

Corner to corner, 15 feet;

End to back, 25 feet;

End to front, 40 feet; and

No building shall face directly upon the rear of another building.

No building shall be constructed in a garden apartment project until the site plan has been studied and approved by the planning and zoning commission after review by the public works director. The site plan shall include the improvements required in the subdivision process set forth in chapter 52.

(7)

Parking regulations. Two parking spaces on the premises completely off any public street shall be provided for each dwelling unit in this district.

(8)

Private streets. The minimum standards are for a private street contained in a site plan for a garden apartment project are as follows:

Right-of-way: 50 feet;

Construction: two-inch base rock, four-inch bituminous base, two-inch asphaltic concrete surface coarse;

Minimum pavement width: 27 feet; and

Curb and guttering: two feet required.

For exceptions, see section 64-152, pertaining to nonconforming uses.

(c)

Restrictions for subdividing. An R-3G, garden apartment development may not be subdivided into separate ownerships unless each lot of the resulting subdivision meets the requirements of chapter 52. Acknowledgment of this restriction shall be made by an instrument by the owner and recorded with the county recorder of deeds at the owner's expense before approval of the planning and zoning commission as set forth in subsection (b)(6) of this section.

(Code 1969, § 34-9; Code 1982, § 31-9; Ord. No. 8566, §§ 2, 3, 1-21-1991; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-38 as new § 64-39.

Sec. 64-40. - District R-3, apartment house.

(a)

Purpose/intent. The garden apartment [apartment house] district is intended to provide for medium to high density residential use (1,200 square feet or larger lot) areas developed in a manner that reflects an urban character. The typical dwelling densities would be 17 to 36 units per acre and associated with areas identified as Urban Residential Development in the Sedalia Master Plan.

(b)

Use regulations. In district R-3, apartment house, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Any use permitted in district R-3G;

(2)

Apartment houses, or multiple-family dwellings;

(3)

Boardinghouses and lodginghouses;

(4)

Fraternity or sorority houses and dormitories;

(5)

Hospitals, sanitariums or homes for convalescents or aged other than for the insane or feeble minded or alcoholics or drug addicts;

(6)

Day care centers;

(7)

Residential care center;

(8)

Private clubs or fraternal orders, except those whose chief activity is carried on as a business;

(9)

Philanthropic or eleemosynary institutions, other than penal institutions;

(10)

Accessory uses customarily incident to any of the uses in this subsection (a) and located on the same lot, not involving the conduct of a business or industry.

(11)

Community center;

(12)

Support services, with a special use permit;

(b)

Height and area regulations. In district R-3 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Buildings or structures shall not exceed 45 feet and shall not exceed three stories in height.

(2)

Front yards. Same as district R-1.

(3)

Side yards. Same as district R-1, including regulations for corner lots adjacent to reversed frontage; provided, that the width shall be increased one inch for each foot of height of building above 35 feet.

(4)

Rear yards. The depth of the rear yard shall be at least 25 feet.

(5)

Width of lot. Same as district R-1 for single- and two-family dwellings. A multifamily dwelling to be constructed or converted in this district shall have a minimum lot width of 100 feet.

(6)

Lot area per family. Every building or portion of a building hereafter erected or altered shall provide a lot area for one-family and two-family dwellings, the same as in district R-2. The lot area for multiple-family dwellings shall be 1,200 square feet per family; provided that where a lot has less area than herein required in single ownership, at the time of the passage of the ordinance from which this provision is derived, 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.

(7)

Floor area. Every single- or two-family dwelling hereafter erected, constructed, reconstructed or altered in a district R-3 shall have a floor area as required in district R-2.

(8)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-10; Code 1982, § 31-10; Ord. No. 7321, § 2, 6-6-1977; Ord. No. 7341, § 5, 8-1-1977; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784, § 6, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-39 as new § 64-40.

Sec. 64-41. - District C-O, nonretail.

(a)

Purpose/intent. The nonretail district is intended for the development of professional offices and personal services primarily in a suburban or highway commercial context. This district is primarily associated with the commerce corridor and the mixed-use center (using a PUD) or neighborhood center (using a PUD) areas identified in the Sedalia Master Plan.

(b)

Use regulations. In district C-O, nonretail, 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:

(1)

Any use permitted in district R-3, except that permanent supportive housing and transitional housing shall not be permitted without a special use permit.

(2)

Office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies;

(3)

Other offices, limited to the following:

Accountants;

Architects;

Brokers;

Engineers;

Dentists;

Lawyers;

Physicians, osteopaths, chiropractors;

Real estate and insurance;

(4)

Hairdressers;

(5)

Mortuaries;

(6)

Customary accessory uses;

(7)

Radio and television studios;

(8)

Hearing aid dispensers.

(9)

Community center;

(10)

Day shelter, with a special use permit;

(11)

Emergency shelter, with a special use permit;

(12)

Emergency housing;

(13)

Support services;

(14)

Temporary cooling shelter, with a special use permit;

(15)

Temporary warming shelter, with a special use permit.

No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than motor passenger cars shall be stored outside a building in this district for more than 24 hours in a 30-day period.

(c)

Height and area regulations. In district C-O the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. No building or structure shall exceed two and one-half stories in height.

(2)

Front yards. A front yard of not less than 30 feet shall be provided.

(3)

Side yards. There shall be a side yard on each side of a building of not less than seven feet for one-story buildings, ten feet for two-story buildings and 20 feet for two and one-half story buildings. Not less than 15 feet shall be provided on the street side of a corner lot.

(4)

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

(5)

Requirements for dwellings. See corresponding districts.

(6)

Parking regulations. See section 64-155.

For exceptions see section 64-152, pertaining to nonconforming uses.

(Code 1969, § 34-11; Code 1982, § 31-11; Ord. No. 7335, § 2, 7-18-1977; Ord. No. 9093, § 1, 11-2-1998; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784, §§ 7,8, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-40 as new § 64-41.

Sec. 64-42. - District C-1, local business.

(a)

Purpose/intent. The local business district is intended for the development of commercial retail and services primarily in a suburban or highway commercial context. This district is primarily associated with the commerce corridor and the mixed-use center (using a PUD) or neighborhood center (using a PUD) areas identified in the Sedalia Master Plan.

(b)

Use regulations. In district C-1, local business, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Any use permitted in district C-O;

(2)

Assembly halls;

(3)

Automobile parking lots for passenger cars only;

(4)

Bakeries employing not more than five persons on the premises;

(5)

Banks;

(6)

Barbershops and beauty shops;

(7)

Bicycle repair shops, electric repair and fix-it shops;

(8)

Cleaning, pressing and dyeing establishments, employing not more than five persons on the premises; provided, that only nonexplosive cleaning fluids shall be used;

(9)

Clinics (medical or dental);

(10)

Filling stations; provided, that all storage tanks for gasoline shall be below the surface of the ground;

(11)

Frozen food lockers for individual or family use;

(12)

Garages (storage);

(13)

Greenhouses (commercial);

(14)

Ice delivery stations for storage and sale of ice at retail only;

(15)

Laundries employing not more than five persons on the premises;

(16)

Lodge halls;

(17)

Offices;

(18)

Photographic service shops;

(19)

Printing shops; provided, that the total mechanical power used in the operation of such printing plant shall not exceed five horsepower;

(20)

Radio and television shops or studios;

(21)

Restaurants, cafes or cafeterias, where there is no floor show or other form of entertainment and where there is no sale or consumption of liquor;

(22)

Schools operated as a business;

(23)

Shoe repair shops;

(24)

Shops for custom work or the manufacture of articles to be sold at retail only, on the premises; provided, that in such manufacture the total mechanical power shall not exceed five horsepower for the operation of any one shop; and provided, that the space occupied by the manufacturing use permitted herein shall not exceed 50 percent of the total floor area of the entire building or the equivalent of the ground floor area thereof; and provided further, that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;

(25)

Signs limited to signs advertising services or products offered on the premises;

(26)

Stores, shops and markets for retail trades; provided, that merchandise is not displayed, stored or offered for sale on the premises outside of a building within the required front yard;

(27)

Studios;

(28)

Accessory uses customarily incident to any of the uses stated in this subsection (a), including air conditioning plants, ice and refrigerating plants, purely incidental to a main activity permitted on the premises, and when operated by electricity or gas;

(29)

The stores specified in this subsection (a), shops or businesses shall be retail or service establishments exclusively. No drive-in or curb services shall be permitted.

(c)

Height and area regulations. In district C-1 the height of the buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows; provided, that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-2:

(1)

Height. Buildings or structures shall not exceed 35 feet and shall not exceed two and one-half stories except that where a district C-1 joins a district R-3 to M-2 inclusive within the same block, the height may be increased to 45 feet or three stories within that block.

(2)

Front yards. Same as district R-1; provided, that where established buildings in this district within same block have front yards of less depth, the board may reduce the required depth.

(3)

Side yards. No side yard is required; except, that where a side line of a lot in this district abuts upon the side line of a lot in a district R-1 to R-3 inclusive, a side yard of not less than five feet shall be provided and a side yard of not less than ten feet shall be provided on the street side of a corner lot.

(4)

Rear yards. The depth of the rear yard shall be at least 15 percent of the depth of the lot, but such depth need not be more than 20 feet, except that on a corner lot no rear yard is required within 50 feet of a side street, unless the rear line adjoins a district R-1 to R-3 inclusive.

(5)

Width of lot. The minimum width of a lot shall be 50 feet if used exclusively for uses enumerated in district R-1 to R-3 inclusive, except as otherwise provided in district R-1. For other uses the width may be less.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-12; Code 1982, § 31-12; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-41 as new § 64-42.

Sec. 64-43. - District C-2, general business.

(a)

Purpose/intent. The general business district is intended for concentrated areas of commerce in an urban context/form. This district is primarily associated with the downtown area identified in the Sedalia Master Plan.

(b)

Use regulations. In district C-2, general business, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Any use permitted in district C-1, except day shelter; emergency shelter; emergency housing; support services; temporary cooling shelter; temporary warming shelter; and transient dwelling houses;

(2)

Armories;

(3)

Automobile or trailer sales rooms or yards, other than premises where used vehicles are dismantled;

(4)

Beer gardens, bowling alleys, dance halls, shooting galleries, skating rinks and similar commercial recreation buildings or activities; provided, that the same shall be not less than 200 feet from any existing clinic, hospital, school or church; and shall not be less than 200 feet from a district R-1 to R-3 inclusive, unless approved by the board under such restrictions as seem appropriate after consideration of noise and other detrimental factors incident to such use;

(5)

Billboards and advertising signs, where otherwise permitted by ordinance;

(6)

Billiard halls;

(7)

Boutique hotel. An establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as a restaurants, meeting rooms, entertainment and recreational facilities.

(8)

Bus passenger stations;

(9)

Commercial garages;

(10)

Drive-in restaurants, refreshment stands, etc., where persons are served in automobiles;

(11)

Gymnasiums and recreational buildings (commercial);

(12)

Hospitals for small animals if within an enclosed building;

(13)

Newspaper publishing plants;

(14)

Radio and television broadcasting stations and studios, except towers;

(15)

Restaurants, cafes, cafeterias, taverns and night clubs;

(16)

Social service agency administrative offices and their related retail business provided that such retail business locations are not located closer than 2,000 feet from another social service agency retail business within the Sedalia Commercial Historic District as defined in the National Register of Historic Places.

(17)

Storage in bulk of, or warehouse for, such materials as: clothing, drugs, dry goods, food, furniture, glass, groceries, hardware, household goods, liquor, lubricating oil, millinery, paints, paint materials, pipe, rubber, shop supplies, tobacco, turpentine and varnish and wines, all when incidental to sale of retail on the premises;

(18)

Swimming pools (commercial);

(19)

Telephone central offices and exchanges;

(20)

Theaters;

(21)

Tire shops;

(22)

Wholesale sales offices and sample rooms;

(23)

Any retail business or use of a similar character to those listed above and not included in district C-3, M-1 and M-2; provided, that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;

(24)

Accessory uses customarily incident to any of the uses in this subsection (a).

(c)

Height and area regulations. In district C-2 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows; provided, that buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of district R-3.

(1)

Height. Buildings or structures shall not exceed 100 feet and shall not exceed eight stories in height.

(2)

Front yards. No front yard is required; except, that where a portion of a district C-2 lies within the same block and fronts upon the same street with a portion of a district R-1 to C-3 inclusive, and no lot within the district C-2 is occupied by a building with a front yard of less depth than required in that portion of a district R-1 to C-1, inclusive adjoining, then in such case the front yard requirements of such adjoining district R-1 to C-1 inclusive shall likewise be applicable to such portion of district C-2.

(3)

Side yards. No side yard is required except that where a sideline of a lot abuts a lot in a district R-1 to R-3 inclusive a side yard of not less than five feet shall be provided.

(4)

Rear yards. No rear yard required.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Every building or portion of a building hereafter erected or used for dwelling purposes shall provide a lot area of not less than 600 square feet per family.

(7)

Parking regulations. See section 64-155.

(8)

New construction. All new construction shall relate to the immediate context - new buildings in a block with a continuous edge should be set up to the sidewalk or public right-of-way and be flush with the front facades of neighboring buildings to reinforce the street facade.

The demolition or removal of existing buildings shall be strongly discouraged.

Size and shape. All new commercial buildings shall maintain the overall size, scale, height, and horizontal or vertical orientation of the original commercial buildings in the area.

Rhythm. The rhythm (repetition of the location and size of the door and window openings) created by neighboring buildings shall be maintained on the facade of new buildings.

Regulating lines. All new construction shall relate to the major regulating lines of adjacent buildings - building height, cornice or building cap, upper level windows, distinction between upper facade and storefront, display windows and bulkhead.

Materials. All new construction shall be compatible in materials, size, scale, color and texture with the neighboring buildings.

For exceptions see section 64-154, for height, area and fencing exemptions.

(Code 1969, § 34-13; Code 1982, § 31-13; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11751, § 3, 2-22-2023; Ord. No. 11784, § 9, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-42 as new § 64-43.

Sec. 64-44. - District C-3, commercial.

(a)

Purpose/intent. The commercial district is intended for the development of commercial services primarily in a suburban or highway commercial context. This district is primarily associated with the commerce corridor and employment areas identified in the Sedalia Master Plan.

(b)

Use regulations. In district C-3, commercial, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Any use permitted in district C-2;

(2)

Automobile, boat, truck or trailer rooms or yards provided no dismantled vehicles or parts are stored or displayed outside the building;

(3)

Automobile repair garages; provided, that no repair operations or storage of parts of dismantled vehicles takes place outside the building;

(4)

Automobile washing; provided, that the plot plan shall be approved by the city council, after report of the public works director relative to adequacy of backup space and other possible conflicts with street traffic and neighboring property;

(5)

Feed stores;

(6)

Marijuana dispensary facility entirely within enclosed building; provided that the facility is located on property adjacent to or bordering U.S. Highways 50, 65 or West Main Street. See section 64-48 for additional conditions;

(7)

Miniature golf courses; provided, that any floodlights shall be directed away from adjoining residence districts;

(8)

Hotels, motels, motor hotels, tourist homes; except any hotel which exceeds 35 feet and two and one-half stories in height shall not exceed 100 feet and shall not exceed eight stories in height and shall require a special use permit under section 64-124;

(9)

Sale of lawn ornaments, ornamental iron, ornamental fences;

(10)

Plumbing, heating and air conditioning shops; provided, that no equipment or material is stored on the premises in the front or side yards;

(11)

Pop bottling plants;

(12)

Rental stores;

(13)

Sale and maintenance of farm equipment;

(14)

Storage in bulk of, or warehouse for, such materials as are incidental to sale on the premises or permitted in this subsection (a);

(15)

Retail sale of LP gas; provided, that installation of all equipment is in compliance with the state LP gas law; and further provided, that no tank used as a container of LP gas shall be located closer than 100 feet to a property line or to an existing dwelling or to a district R-1 to R-3 inclusive;

(16)

Accessory uses customarily incident to any of the uses in this subsection (a).

(17)

Day shelter with a special use permit;

(18)

Emergency shelter with a special use permit;

(19)

Emergency housing;

(20)

Support services;

(21)

Temporary cooling shelter with a special use permit;

(22)

Temporary warming shelter with a special use permit;

(c)

Height and area regulations. In a district C-3 the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows; provided, that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district R-3.

(1)

Height. Same as district C-1.

(2)

Front yards. Same as district C-1.

(3)

Side yards. Same as district C-1.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-14; Code 1982, § 31-14; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10511, § 2, 10-3-2016; Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11753, § 1, 2-22-2023; Ord. No. 11784, § 10, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-43 as new § 64-44.

Sec. 64-45. - District M-1, light industrial.

(a)

Purpose/intent. It is the intent of the light industrial district regulations to provide standards for areas suitable for industrial, distribution and storage activities, to preserve land for the expansion of these basic economic activities, and to free these areas from intrusion by incompatible land uses. These areas should be served with adequate transportation facilities, and the users of this land may conduct activities that create low to moderate hazards to neighboring lands. This district is primarily associated with employment areas identified in the Sedalia Master Plan.

(b)

Use regulations. In district M-1, light industrial, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered, except for one or more of the following uses:

(1)

Any use permitted in district C-3;

(2)

Bakeries;

(3)

Blacksmith or wagon shops;

(4)

Bottling works;

(5)

Bus barns or lots;

(6)

Canning or preserving factors;

(7)

Carpenter, cabinet or pattern shops; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(8)

Carpet cleaning establishments;

(9)

Chemical laboratories not producing noxious fumes or odors;

(10)

Cleaning, pressing and dyeing plants;

(11)

Cold storage plants;

(12)

Creameries;

(13)

Day shelter with a special use permit;

(14)

Dog pounds if within an enclosed building;

(15)

Electroplating works;

(16)

Emergency shelter with a special use permit;

(17)

Emergency housing with a special use permit;

(18)

Flour mills, feed mills and grain processing;

(19)

Forges (hand);

(20)

Freight terminals (rail or truck);

(21)

Galvanizing works;

(22)

Garages (public);

(23)

Grain elevators;

(24)

Ice plants;

(25)

Laundries;

(26)

Lumber yards;

(27)

Machine shops; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(28)

Manufacture of products such as: artificial flowers, feathers, plumes, awnings, bags, blacking, small boats, bone products, rooms and brushes, buttons and novelties, candy, canvas products, cement products, concrete blocks, chemicals (non offensive), cigars, cleaning or polishing preparations, clothing, coffee (roasting), cosmetics, cotton seed, peanut or similar products, drugs or medicines, electrical signs, extracts, food products, fruit juices, gas or electric fixtures, ice cream, leather products, light metal products, musical instruments, paper products, sausage, shell products, shoes and boots, syrup, terracotta or tile handcraft products, textiles, toys, wooden ware;

(29)

(30)

Milk bottling or distribution plants;

(31)

Monument or marble works, finishing and carving only, excluding stone cutting;

(32)

Moving, transfer or storage plants;

(33)

Photo engraving plants;

(34)

Planning mills; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(35)

Plumbing and sheet metal shops (allowing punching of material of one-eighth inch or less in thickness);

(36)

Printing plants;

(37)

Produce markets (wholesale);

(38)

Railroad freight yards;

(39)

Sales rooms, yards and service for farm machinery, contractors' equipment and oil well supplies;

(40)

Sign painting plants;

(41)

Stables (public) or wagon sheds;

(42)

Storage in bulk of, or warehouse for, such materials as: asphalt, brick, building material, cement, coal, contractors' equipment, cotton, feed, fertilizer, gasoline, grain, gravel, grease, hay, ice, lead, lime, machinery, metals, oil, plaster, poultry, roofing, rope, sand, stone, tar, tarred or creosoted products, terracotta, timber, wood, wool, all when incidental to sale at retail or for purpose of constructing improvements on the premises;

(43)

Support services with a special use permit;

(44)

Temporary cooling shelter with a special use permit;

(45)

Temporary warming shelter with a special use permit.

(46)

Tool and die shops for the making of tools, jigs, fixtures, equipment and like items; provided, the rating of any single machine does not exceed 25 horsepower, and there shall be no stamping, casting, molding or blanking done on the premises;

(47)

Tracks (team, loading, or storage);

(48)

Veterinary hospitals;

(49)

Accessory uses customarily incident to any of the uses in this subsection (a).

(c)

Performance standards. To be a permitted industrial use in the light industrial district (M-1), whether as a permitted use, accessory use or as a special use, such use must meet the following performance standards:

(1)

Physical appearance. All operations shall be earned on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in building when such containers are not readily visible from the street.

(2)

Fire hazard. No operation shall involve the use of highly flammable gases, acid, liquids, grinding processes or other to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with other city ordinances.

(3)

Noise. No operation shall be earned on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noises shall be muffled so as not to be objectionable due to intermittence, heat frequency or shrillness.

(4)

Sewage and liquid wastes. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

(5)

Air contaminants. Air contaminants and smoke shall be less dark than designated number one on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as number one shall be permitted for one, four-minute period in each one-half hour. Light colored contaminants of such an opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it may equal, but not exceed six tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or to the public in general or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

(6)

Odor. The emissions of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not be considered obnoxious within the meaning of this ordinance [from which this section derives].

(7)

Gasses. The gases sulfur dioxide and hydrogen sulfide shall not exceed five parts per million. All nitrous fumes shall not exceed one part per million. Measurements shall be taken at the property line of the particular establishment involved.

(8)

Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three thousandths of an inch measured at the property line. The use of steam or broad hammers shall not be permitted in this district.

(9)

Glare and heat. All glare, such as welding arcs and open furnaces, shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

(d)

Height and area regulations. In district M-1 the height of buildings, minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows; provided, that buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of district R-3.

(1)

Height. Buildings or structures shall not exceed 56 feet and shall not exceed three stories in height. One freestanding sign exceeding 35 feet but not taller than 65 feet above the nearest adjacent street level shall be permitted in M-1 and M-2 districts on properties contiguous to divided (grass median) U.S. highways (65 highway North of 765).

(2)

Front yards. Same as district C-2; except, that a setback of not less than 25 feet shall be provided along any local thoroughfare as shown on the thoroughfare plan of the city and not less than 50 feet shall be provided along any state highway.

(3)

Side yards. Same as district C-1; except, that setback of not less than 25 feet shall be provided along any local thoroughfare as shown on the thoroughfare plan of the city and not less than 50 feet shall be provided along any state highway.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, for height, area and fencing exemptions.

(Code 1969, § 34-15; Code 1982, § 31-15; Ord. No. 7529, § 3, 6-18-1979; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11240, § 2, 9-8-2020; Ord. No. 11753, § 1, 2-22-2023; Ord. No. 11784, § 11, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-44 as new § 64-45.

Sec. 64-46. - District M-2, heavy industrial.

(a)

Purpose/intent. It is the intent of the heavy industrial district regulations to provide areas and standards for development of those areas suitable for industrial and storage activities, and particularly to separate potentially high hazard activities from those less hazardous and to prevent the encroachment of less hazardous activities into the high hazard areas. This district is primarily associated with employment areas identified in the Sedalia Master Plan.

(b)

Use regulations. In district M-2, heavy industrial, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed or altered except for one or more of the following uses:

(1)

Any use permitted in district M-1, except dwelling houses, clubs, hotels, educational and institutional uses; provided, that the necessary watchman, caretakers, etc., will be permitted to live on the premises of industrial plants;

(2)

Ammonia, bleaching powder, chemical plants;

(3)

Assaying works (other than gold or silver);

(4)

Auto wrecking and salvage yards; provided, that such yards are completely fenced with a solid painted wood or painted metal wall not less than eight feet high and kept in good repair;

(5)

Blooming or rolling mills;

(6)

Breweries or distilleries;

(7)

Carpenter, cabinet or pattern shops;

(8)

Chemical laboratories;

(9)

Cider mills;

(10)

Coal car dumps;

(11)

Coal distillation and byproduct plants;

(12)

Coal hoists, pockets or trestles;

(13)

Coke ovens;

(14)

Concrete or asphalt mixing plants;

(15)

Cooperage works;

(16)

Cotton ginning or baling works;

(17)

Day shelter with a special use permit;

(18)

Dog kennels (commercial);

(19)

Dog pounds;

(20)

Emergency shelter with a special use permit;

(21)

Emergency housing with a special use permit;

(22)

Enameling works;

(23)

Electric power plants;

(24)

Forges (power);

(25)

Foundries (iron, brass, bronze, aluminum);

(26)

Hides and skins (storage, curing or tanning);

(27)

Japanning works;

(28)

Junkyards, including storage, sorting, baling or processing of rags, paper or metal;

(29)

Lumber mills;

(30)

Machine shops;

(31)

Manufacturing of such products as adding machines, cash registers, typewriters; alcohol; asphalt; basket material; boats; boilers; boxes; bronze; cans; carbon batteries; electric lamps; carbon or lamp black; carriage or wagon parts; celluloid or similar materials; clay, shale and glass products; creosote; cutlery or tools; disinfectant, insecticides; dyes; electrical machinery; furniture; glass; iron and steel; locomotives; motor cars, bicycles, airplanes, nuts, bolts, screws, etc.; oil cloth, linoleum; paint; Japan, lacquer, oil, turpentine, varnish, enamel, etc.; railway cars; rubber, synthetic rubber, rubber products; shoddy; soap; starch; glucose, dextrin; tar products; tobacco (chewing); tools; vinegar; wine;

(32)

Meat or fish packing or storage plants;

(33)

Marijuana cultivation facility, entirely within enclosed building. See section 64-48 for additional conditions;

(34)

(35)

Marijuana-infused products manufacturing facility. See section 64-48 for additional conditions;

(36)

Marijuana testing facility, entirely within enclosed building. See section 64-48 for additional conditions;

(37)

Metal stamping, shearing, punching works, etc.;

(38)

Monument or marble works;

(39)

Oil compounding and barreling plants;

(40)

Planning mills;

(41)

Plumbing and sheet metal shops;

(42)

Railroad round houses or shops;

(43)

Rock crushers;

(44)

Salt works;

(45)

Sheet metal shops;

(46)

Steel furnaces;

(47)

Stone cutting;

(48)

Structural iron or pipe works;

(49)

Sugar refineries;

(50)

Support services with a special use permit;

(51)

Tar distillation or manufacture;

(52)

Temporary cooling shelter with a special use permit;

(53)

Temporary warming shelter with a special use permit.

(54)

Tool and die shops;

(55)

Wire or rod mills;

(56)

Wood distillation plants (charcoal, tar, turpentine, etc.);

(57)

Wood scouring works;

(58)

Any other uses not now or hereafter prohibited by ordinance of the city regulating nuisances; except, that the following uses will be permitted only by approval of the city council after report from the health department, fire department and city planning and zoning commission:

Acid manufacture;

Cement, lime gypsum or plaster of Paris manufacture;

Distillation of bones;

Explosive manufacture or storage;

Fertilizer manufacture and storage;

Gas manufacture;

Garbage, offal or dead animal reduction or dumping;

Paper or pulp manufacture;

Smelting of tin, copper, zinc or iron ores;

Stockyards or slaughtering;

Wholesale storage of gasoline.

(59)

Accessory uses customarily incident to any of the uses in this subsection (b).

(c)

Performance standards. To be permitted industrial uses in heavy industrial district (I-2), whether as a permitted use or as special use, such uses must meet the following performance standards:

(1)

Appearance. Junk, salvage, auto wrecking, and similar operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring ten foot high fence in good repair, and two rows of alternate planted evergreen trees.

(2)

Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the latest edition of the Fire Prevention Code published by the American Insurance Association and other city ordinances.

(3)

Noise. All noises and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area residential district. Major street noise for comparison purposes shall be measured at the property line.

(4)

Sewage and other liquid waste. No operation shall be carried on which involves the discharge into a sewer, water course, or the ground of a liquid wastes of any radioactive nature, or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

(5)

Air contaminants. Air contaminants and smoke shall be less dark than designated number two on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designed as number two shall be permitted for one, four-minute period in each one-half hour. Light-colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health, or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation, or property.

(6)

Odor. Odor causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

(7)

Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed five parts per million. All measurements shall be made at the property line.

(8)

Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby lots.

(d)

Height and area regulations. In district M-2 the height of buildings and the minimum dimensions of lots and yards shall be as follows:

(1)

Height. Same as district M-1.

(2)

Front yards. Same as district M-1.

(3)

Side yards. Same as district C-1.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. No minimum.

(6)

Parking regulations. See section 64-155.

For exceptions see section 64-154, for height, area and fencing exemptions.

(Code 1969, § 34-16; Code 1982, § 31-16; Ord. No. 7529, § 4, 6-18-1979; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11753, § 1, 2-22-2023; Ord. No. 11784, § 12, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-45 as new § 64-46. Said ordinance amended and renumbered former § 64-46, District A, agriculture, as § 64-36.

Sec. 64-47. - District FP, floodplain.

(a)

Purpose/intent. The district FP, floodplain, is designed to preserve the natural overflow areas along the rivers, streams and drainageways of the city. When urban development is allowed to encroach in the floodplain, extraordinary public expenditures may be required for the protection of persons and property for the relief of distress in areas subject to periodic flooding. Therefore, it is the purpose of this district to:

(1)

Prohibit the placement of fill materials and structures which would raise the flood level, or decrease the storage capacity of the floodplains, or unduly obstruct floodwater flows;

(2)

Protect human life, prevent property damage, minimize business interruptions, and reduce rescue and relief efforts, which generally must be undertaken at public expense;

(3)

Minimize expenditures of public moneys for costly flood control projects, and reduce the damage to public facilities in the floodplain such as water mains, sewer lines, streets and bridges;

(4)

Minimize flood blight areas and maintain property values and a stable tax base adjacent to the floodplain;

(5)

Discourage the victimization of unwary home and land buyers;

(6)

Provide for public awareness of the flooding potential; and

(7)

Minimize surface water and groundwater pollution which will affect human, animal or plant life.

(b)

Definition. The term "floodplain," as shown on the zoning map, means the natural water storage area of the drainageway having a chance occurrence in any year of one percent (the average 100-year frequency flood), the boundary line and elevations to be determined by the Department of Housing and Urban Development, Federal Insurance Administration as identified on the flood insurance rate map.

(c)

Permitted use regulations. In district FP, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered except for one or more of the following uses:

(1)

Agricultural uses such as farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, orchards and forestry (except buildings).

(2)

Fishing, preservation of scenic and scientific areas, public and private fish hatcheries, soil and water conservation facilities, and wildlife preserves.

(3)

Loading areas, parking areas, lawns, gardens, play areas and other similar open space uses.

(4)

Private and public recreational uses such as golf courses, tennis courts, ballfields, archery ranges, picnic grounds, boating areas, parks, hiking, bicycle and horseback trails.

(5)

Streets, bridges, utility transmission lines and pipelines.

(d)

Specific use regulations. In addition to the permitted use regulations, certain specific land and building uses shall be allowed when individually reviewed and approved by the planning and zoning commission and the city council, subject to such conditions as the commission deems necessary to protect the floodplain and maintain the intent of the district, as follows:

(1)

Extraction of sand, gravel and other materials.

(2)

Buildings or structures accessory to permitted open space uses.

(3)

Camping areas.

(4)

Storage yards (only for material which is not subject to flood damage or flotation).

(5)

Hunting areas, firearms ranges and shooting preserves.

(6)

Fill areas when not raising the flood level or decreasing the storage capacity of the floodplain.

(Code 1982, § 31-16.2; Ord. No. 7763, § 5, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-48. - Medical marijuana facilities.

(a)

[Compliance.] Marijuana facilities of all types must comply with the provisions of chapter 12, article VII.

(b)

Proximity of facilities. Medical marijuana facilities are prohibited within set distances listed below from any elementary or secondary school, child day care center, church, or other building regularly used as a place of religious worship, except when the aforementioned uses establish themselves within the prohibited distance, existing medical marijuana facilities may remain. The intended use of a medical marijuana facility at a specific address is established at the time the application is submitted to the city. At that moment, the condition is established that the address conforms to proximity requirements.

The prohibited distance shall be measured along the shortest path between the demarcation points that can be lawfully traveled by foot.

(1)

In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

(2)

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

The set distances medical marijuana facilities need to remain away from any elementary or secondary school, child day care center, church, or other building regularly used as a place of religious worship shall be as follows:

(1)

Medical marijuana dispensary facility: 1,000 feet. Allowed exclusively in district C-3 commercial, M-l light industrial and M-2 heavy industrial districts at properties adjacent to or bordering Highways 50 and 65, except any such properties south of 32nd Street and north of the Highway 50/65 intersection; and allowed exclusively in district C-3 commercial district, M-1 light industrial and M-2 heavy industrial properties adjacent to or bordering West Main Street.

(2)

Medical marijuana cultivation facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(3)

Medical marijuana-infused products manufacturing facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(4)

Medical marijuana testing facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(c)

Hours of operation. All sales or distribution of medical marijuana and any other products sold to the public, or distributed by delivery from the premises of a medical marijuana dispensary shall take place between the hours of 8:00 a.m. and 8:00 p.m. Sunday through Saturday. Medical marijuana dispensaries shall be secured and closed to the public after the hours listed in this subsection and no persons not employed by the medical marijuana dispensary may be present in such a facility at any time it is closed to the public.

All medical marijuana-infused products manufacturing facilities shall be closed to the public. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

All medical marijuana cultivation facilities shall be closed to the public. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

All medical marijuana testing facilities shall be closed to the public. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

No outdoor operations or storage. All operations and all storage of materials, products, or equipment for marijuana cultivation, marijuana testing or marijuana-infused manufacturing facilities shall be within a fully secured area inside the building structure.

(d)

On-site usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana facility.

(e)

Display of license required. The medical marijuana license issued by the State of Missouri shall be prominently displayed in a highly visible location, easily seen by patients.

(f)

Residential dwelling units prohibited. No medical marijuana facility shall be located in a building that contains a residence.

(g)

Ventilation/filtration required. All medical marijuana businesses shall install and operate a filtration and/or ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

(h)

Site plan review required. Site and construction plan review required for compliance to city building, public works, police and fire codes.

(i)

Signage. In addition to the sign regulations located in the City of Sedalia, medical marijuana facilities shall not use signage or advertising with the word "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.

Facilities shall not advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than for legitimate medicinal purposes.

(Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11753, § 1, 2-22-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, repealed former § 64-48, District RS, residential suburban dwelling, and § 64-49, Planned districts, which derived from the 1969 Code, § 34-17; the 1982 Code, §§ 31-16.3, 31-17; and Ord. No. 7763, § 5, adopted Sept. 8, 1981.
Subsequently, Ord. No. 10961, § 2(Exh. A), adopted July 1, 2019 enacted a new § 64-48 to read as herein set out.

Sec. 64-50. - Purpose and intent.

The city council finds and declares as a matter of public policy that it is the intent of this section to:

(1)

Preserve and protect those structures, buildings and improvements which reflect significant elements of the City of Sedalia's cultural, artistic, engineering, historic or other heritage;

(2)

Promote and protect the public health, safety and general welfare of the citizens of the city, including orderly development and coordination of municipal growth and services;

(3)

Minimize visual blight, avoid demolition by neglect and inappropriate and poor quality of design; and

(4)

Recognize that historic construction methods differ from today's building standards and require ongoing maintenance for structural integrity; and

(5)

Promote and encourage continued private ownership and use of buildings and other structures to further the objectives of this chapter.

(6)

Foster civic pride in the beauty and accomplishments of the past;

(7)

Promote the use and perpetuation of significant structures within the historic district for the education, stimulation and welfare of the people of the city;

(8)

Develop and maintain appropriate settings and environments for structures within the historic district;

(9)

Preserve and encourage harmonious architectural styles, reflecting the city's distinct phases of its history;

(10)

Foster knowledge of the living heritage of the past.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-51. - Definitions.

As used in this chapter, the following terms shall have these prescribed meanings:

Alteration means any act or process that changes one or more of the exterior architectural features of a structure including, but not limited to, the erection, construction, reconstruction or removal of any structure.

Area means a specific geographic division of the City of Sedalia.

Board of adjustment means the board established pursuant to section 2-681 of this Code.

Certificate of appropriateness means a certificate issued by the SHPC indicating its review of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district.

Commissioners means members of the Sedalia Historic Preservation Commission (SHPC).

Construction means the act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.

Council means the City Council of the City of Sedalia.

Demolition means any act or process which destroys, in part or in whole, a landmark or a structure within a historic district or which threatens to destroy a landmark or a structure within a historic district by failure to maintain it in a condition of good repair and maintenance.

Design guideline means a standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

Exterior architectural appearance means the architectural character and general composition of the exterior of a structure including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements.

Historic district means an area designated by ordinance of the city council and which may contain within definable geographic boundaries individual landmarks as well as other properties or structures which, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the designated area. The historic district is defined by the historic district map.

Landmark means a property or structure designated as a "landmark" by ordinance of the city council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance to the City of Sedalia.

Minimum maintenance means the minimum regulations governing the conditions and maintenance of all existing structures, as set out in the 2006 Property Maintenance Code for the City of Sedalia as such existing structures code shall be amended from time to time by the City of Sedalia.

Owner of record means the person, corporation or other legal entity listed as owner on the records of the county recorder of deeds.

Planning and zoning commission means the City of Sedalia Planning and Zoning Commission.

Public improvement project means an action by the City of Sedalia or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping or other portions of the public infrastructure servicing commercial, residential or industrial development.

Removal means any relocation of a structure on its site or to another site.

Repair means any change that is not construction, removal or alteration.

SHPC means the Sedalia Historic Preservation Commission.

Stop work order means an order of the SHPC directing an owner, occupant, contractor or subcontractor to halt an action for which a certification of appropriateness is required and notifying the owner, occupant, contractor or subcontractor of the application process for a certification of appropriateness.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers and swimming pools.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-52. - Surveys and research.

The SHPC shall undertake an ongoing survey and research effort in the City of Sedalia to identify neighborhoods, areas, sites, structures and objects which have historic, community, architectural or aesthetic importance, interest or value. As part of the survey, the SHPC shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. Before the SHPC shall on its own initiative nominate any landmark for designation, it shall develop a plan and schedule for completing a survey of the City of Sedalia to identify potential landmarks. The SHPC shall then systematically identify potential landmarks and adopt procedures to nominate them in groups based upon the following criteria:

(1)

The potential landmarks in one identifiable neighborhood or distinct geographical area of the City of Sedalia.

(2)

The potential landmarks associated with a particular person, event or historical period.

(3)

The potential landmarks of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman.

(4)

Such other criteria as may be adopted by the SHPC to assure systematic survey and nomination of all potential landmarks within the City of Sedalia.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-53. - Nomination of landmarks and historic districts.

(a)

General. Nominations shall be made to the SHPC on a form prepared by the commission and may be submitted by a member of the SHPC, the owner of record of the nominated property or structures or the city council.

(b)

Criteria for designation of nomination. The SHPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure or area meets one or more of the following criteria:

(1)

Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country.

(2)

Its location as a site of a significant local, county, state or national event.

(3)

Its identification with a person or persons who significantly contributed to the development of the community, county, state or country.

(4)

Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials.

(5)

Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country.

(6)

Its embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant.

(7)

Its embodiment of design elements that make it structurally or architecturally innovative.

(8)

Its unique location or singular physical characteristics that make it an established or familiar visual feature of the neighborhood, community or city, or the fact that it has yielded or may be likely to yield information important in history.

(9)

Its character as a particularly fine or unique example of a utilitarian structure including, but not limited to, farmhouses, gas stations or other commercial structures with a high level of integrity or architectural significance.

(10)

Its suitability for preservation or restoration.

(11)

A copy of the foregoing criteria for designation of landmarks and historic districts shall be made available to the public upon request at the office of the community development director.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-54. - Report and recommendation of SHPC.

The SHPC shall, within 45 days from receipt of a completed nomination in proper form, adopt by resolution a recommendation stating whether or not the nominated landmark or historic district meets the criteria for designation in section 64-53. The resolution shall be accompanied by a report to the planning and zoning commission containing the following information:

(1)

Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation.

(2)

Explanation of the integrity or lack of integrity of the nominated landmark or historic district.

(3)

In the case of a nominated landmark found to meet the criteria for designation:

The significant exterior architectural features of the nominated landmark that should be protected.

The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, which should be reviewed for a certificate of appropriateness.

(4)

In the case of a nominated historic district found to meet the criteria for designation:

The types of significant exterior architectural features of the structures within the nominated historic district that should be protected.

The types of alterations and demolitions that should be reviewed for a certificate of appropriateness.

(5)

Proposed design guidelines, including minimum maintenance requirements, for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district.

(6)

The relationship of the nominated landmark or historic district to the ongoing effort of the SHPC to identify and nominate all potential areas and structures that meet the criteria for designation.

(7)

Any initial recommendation as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations and parking regulations necessary or appropriate to the preservation of the nominated landmark or historic district.

(8)

A map showing the location of the nominated landmark and the boundaries of the nominated historic district.

(9)

The recommendation and report of the SHPC shall be sent to the planning and zoning commission within seven days following the vote on the resolution and shall be available to the public at the offices of the community development director.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-55. - Notification of nomination.

The planning and zoning commission shall schedule and hold a meeting on the nomination following receipt of a report and recommendation from the SHPC as to whether or not a nominated historic district meets the criteria for designation. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for zoning map amendments or ordinance amendments. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form and designation criteria shall be sent by regular mail to the owner(s) of record and to the nominators.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-56. - Determination by the planning and zoning commission.

Within 60 days following the close of the meeting of the planning and zoning commission, the planning and zoning commission shall make a determination upon the evidence as to whether or not the nominated landmark or historic district meets the criteria for designation. Such a determination shall be made upon a motion and vote of the planning and zoning commission and shall be accompanied by a report to the city council stating the findings of the planning and zoning commission concerning the relationship between the criteria for designation described in section 64-53 and the nominated landmark or historic district and all other information required by section 64-54.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-57. - Notification of determination.

Notice of the determination of the planning and zoning commission, including a copy of the report, shall be sent by regular mail to the owner(s) of record of a nominated landmark and owners of all property within a nominated historic district and to the nominator within seven days following a determination of the planning and zoning commission as to whether or not the nominated landmark or historic district meets the criteria for designation, a copy of the resolution and report accompanied by a recommendation as to whether or not the nominated landmark or historic district shall be designated shall be sent to the city council.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-58. - Action by city council.

(a)

The city council shall, within 60 days after receiving the report and recommendation from the planning and zoning commission, either reject the proposed designation or designate the landmark or historic district by an ordinance. The city council shall hold a public hearing before enacting the ordinance and provide notice and take testimony in the same manner as provided in section 64-55. Any ordinance shall be accompanied by a written statement explaining the reasons for the action of the city council.

(b)

After the public hearing, the city clerk shall provide written notification of the action of the city council by regular mail to the nominator, the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution passed by the city council and shall be sent within seven days of the city council action. A copy of each designation ordinance shall be sent to the SHPC, the planning and zoning commission and the community development director.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-59. - Appeal.

A determination by the city council as to whether or not to designate a property as a landmark or historic district shall be a final administrative decision, as that term is defined in RSMo ch. 536.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-60. - The designation ordinance.

Upon designation, the landmark or historic district shall receive the supplemental classification "H" for historic district and the designating ordinance shall prescribe the significant exterior architectural features; the types of construction, alteration, demolition and removal other than those requiring a building or demolition permit that should be submitted for review, the design guidelines, including minimum maintenance standards, for applying the criteria for certificate of appropriateness; permitted uses; special uses; height and area regulations; minimum dwelling size; floor area; sign regulation and parking regulations. The official zoning map of the City of Sedalia shall be amended to show the boundaries of the supplemental zoning designation. Any designation of an area as a "historic district" shall be regarded as a supplemental zoning designation and shall not affect in any way the underlying zoning designation as provided in other chapters of this Code.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-61. - Amendment and rescission of designation.

Designation may be amended or rescinded upon petition to the SHPC and compliance with the same procedure and according to the same criteria set forth herein for designation.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-62. - Certificate of appropriateness—Scope.

(a)

This chapter shall establish a mandatory design review for all developments located within a historic district as depicted on the historic district map.

(b)

The historic district map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if such map and all the notations, references and other information shown thereon were all fully set forth or described herein, which historic district map is properly attested and is on file with the city clerk.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-63. - Design review.

(a)

Municipal improvements. City officials charged with design responsibility for any municipal improvement, structure or sign within the historic district shall hold preliminary discussions on the proposed project with the SHPC to obtain its preliminary recommendations with respect to environmental, historic, architectural, aesthetic and design considerations of the project. The SHPC shall review municipal improvements at the completions of the design development phase and construction document phase or at any other time it deems necessary to further the purposes of this chapter. Any significant deviations from a plan approved by the SHPC shall be resubmitted to the SHPC for its further review and recommendation. The SHPC's recommendations on municipal improvements shall not be binding upon the city, but shall be considered in the decisions of city officials and the city council.

(b)

Requirement. No person shall begin or substantially change any development subject to review under this chapter without first obtaining design review by the SHPC and obtaining a certificate of appropriateness or, in the case of demolition, a waiver as a result of review.

(c)

Permits. No city permit or approval shall be issued for any development for projects requiring SHPC review without first obtaining design review by the SHPC and obtaining a certificate of appropriateness or, in the case of demolition, a waiver as a result of review.

(d)

Demolition. No demolition of any building or structure subject to review under this chapter shall begin without first obtaining design review by the SHPC of the proposed replacement development and obtaining a certificate of appropriateness. In the event the applicant has not determined a replacement development, the SHPC may, after reviewing the effects of the demolition, issue a waiver of design review prior to demolition if it finds that the proposed demolition prior to design review would not be detrimental to the purposes of this chapter. In the event of a finding by the city of an unsafe condition, an abatement order may be issued by the city without compliance with this subsection; provided, that all reasonable efforts have first been made to preserve and correct unsafe conditions rather than damage or demolish valuable buildings, structures or objects.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-64. - Exemptions.

The following activities do not require a certificate of appropriateness or review by the SHPC:

(1)

Ordinary repair or maintenance (to include painting).

(2)

Emergency repairs.

(3)

Interior remodeling or interior decoration.

(4)

Exterior facade improvements on structures located outside of the historic district.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-65. - Certificate of appropriateness required.

The following activities require a certificate of appropriateness or review by the SHPC:

(1)

Exterior facade improvements on all structures located within the historic district.

(2)

All new construction to include primary and accessory structures within the locally designated historic districts on the historic district map.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-66. - Design review—Not binding on applicant.

The recommendations of the SHPC set forth in a certificate of appropriateness shall be advisory only and shall not be binding on the applicant or any other person; provided however, that the applicant may, at his/her option, agree to certain binding conditions contained therein in the course of approval of a variance, special use permit or other city approval related to the development.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-67. - Pre-application review as optional.

Prior to submitting an application for design review and/or building permit, any person proposing a development which is subject to review under this chapter may submit the plans required in section 64-68 in preliminary or sketch form so that the comments and advice of the SHPC may be incorporated into the plans submitted for application. Such pre-application consultations are encouraged to assist project proponents to achieve the best possible development and to facilitate timely review of the proposal whenever an application is made on the project.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-68. - Design review—Application.

(a)

Applications for design review shall be submitted to the SHPC at the community development department and shall consist of a completed application on a form prescribed by the SHPC, accompanied by a site plan showing the location of the building or buildings, parking, exterior lighting, signs and landscaping; exterior elevations of the front and side with a description of the type and finished color or exterior siding, windows and roofing to be used; detailed drawings of architectural features, signs and trim; historic and "as is" photographs of the subject building or site and adjacent structures. All diagrams shall be drawn to scale. The SHPC may request additional information necessary for their review and recommendation.

(b)

Applications for a special use permit or variance pursuant to other parts of this chapter shall submit their plans for review and recommendation to the SHPC at least 15 days prior to the first hearing scheduled on the proposed development.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-69. - Same—Process.

(a)

Upon receipt of a completed application for review, the community development department shall notify the SHPC and forward the application to its members.

(b)

The SHPC shall set a public meeting time and place as soon as possible to review the application according to the design review standards established pursuant to [section] 64-70. The SHPC shall request the applicant and may request any design professionals assisting the applicant to attend the meeting. If the applicant or the applicant's representative fails to attend the meeting, an alternate meeting shall be scheduled by the SHPC within 30 days of the initial meeting; provided that in such event, the 30-day review period prescribed in subsection (e) of this section shall not commence from the date of the application but shall instead commence on the date to which the meeting on the subject application is continued. Failure of the applicant or the applicant's representative to attend either the initial or continued meeting set for review of the application shall constitute a failure of the application requirements and no permits shall be granted by the city on the project unless and until the applicant has reapplied for review and obtained a certificate of appropriateness pursuant to this chapter.

(c)

The SHPC may, in the execution of its review, assign any portion of the review of any application to any member or committee of the SHPC; provided that final action to issue a certificate of appropriateness shall be made by a majority vote of the members present.

(d)

Upon receipt of an application for a permit for development subject to review under this chapter, the chief building official shall:

(1)

Inform the applicant of the review requirements;

(2)

Report receipt of the application to the SHPC;

(3)

Assist the SHPC in considering building, zoning, sign and fire code requirements which may apply to the proposed development; and

(4)

Shall not issue any such permit until a certificate of appropriateness has been obtained.

(e)

Unless an extension is authorized by the applicant, the SHPC shall complete its review within 30 days of receipt of a complete application. In the event the SHPC fails to issue a certificate of appropriateness within such period, a certificate of appropriateness shall be deemed to have been issued without recommendation as if the SHPC had so acted.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-70. - Same—Standards and guidelines.

(a)

Design guidelines for review of applications for certificates of appropriateness shall, at a minimum, include the following architectural criteria:

(1)

Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.

(2)

Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.

(3)

Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(4)

Roof shape. The design of the roof should be compatible with the architectural style and character of the landmarks and surrounding structures in a historic district.

(5)

Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.

(6)

Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district.

(7)

Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alterations, construction or partial demolition should be compatible with its original architectural style and character.

(8)

Architectural details. Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original character of significant architectural style and to preserve and enhance the landmark or historic district.

(9)

Signage. The character of signs should be in keeping with the historic or architectural character of a landmark or historic district. Character of a sign includes the number, size, area, scale, location, type (e.g., off-site advertising signs and on-site business signs), letter size or style and intensity and type of illumination.

(10)

Minimum maintenance. Significant exterior architectural features should be kept in a condition of good repair and maintenance. All structural and mechanical systems should be maintained in a condition and state of repair that will prevent decay, deterioration or damage to significant architectural features or otherwise adversely affect the historic or architectural character of structures within a historic district.

(11)

Guidelines available to the public. A copy of the foregoing design review guidelines shall be made available to the public upon request at the office of the community development director.

(b)

In its review of proposals which are subject to this chapter, the SHPC shall be guided by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (revised 1983) including, but not necessarily limited to, the following standards for rehabilitation set forth therein:

(1)

Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended use.

(2)

The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(3)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

(4)

Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(5)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

(6)

Changes which may have taken place in the course of time are evidence of the history and development of a building. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

(7)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

(8)

Distinctive architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(9)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(10)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

(c)

In addition, the SHPC may also from time to time adopt by rule additional or modified standards and guidelines as authorized by the city council as provided in this chapter.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-71. - Certificate of appropriateness.

Whenever the SHPC has completed its review, it shall issue a certificate of appropriateness on form prescribed by the SHPC. The certificate of appropriateness shall include, but not necessarily be limited to, the following information: the name of the applicant, the date the certificate is issued, the location of the proposed development, a brief narrative description of the development, specific reference to any and all plans submitted by the applicant, whether or not the SHPC finds the proposed development to be contributing to the historic district and any and all specific design recommendations made by the SHPC on the application.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-72. - Effect of review on other approvals.

(a)

Issuance of a certificate of appropriateness by the SHPC does not constitute or imply approval of any other permit or approval which may be required for the development.

(b)

No provision of this chapter shall be interpreted as limiting the authority of the hearings body or decision-making body to impose conditions as authorized elsewhere in this Code.

(c)

Properties subject to review pursuant to this chapter shall be subject to the provisions set forth in this chapter, as well as the bulk use, setback and other provisions of the zoning district in which they are located. Nothing contained in this chapter shall be construed to repeal, modify or waive any applicable provisions of state or local laws, rules, regulations or ordinances.

(d)

Neither the SHPC nor its members are delegated any executive or legislative power, authority or responsibility.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-73. - Historic preservation commission review of demolition permits.

An application for any permit that authorizes the demolition of an historic resource located within the central business and cultural district or one of the historic districts or a landmark as designated by the historic preservation commission shall include notice of the application addressed to the historic preservation commission.

The notice shall be on a form provided by the building official. The building official, upon verification that the application is complete, shall promptly forward the notice to the historic preservation commission in care of the community development department.

A 30-day review period begins when the application requesting demolition has been deemed to be complete by the community development director or their designee.

The building official shall post notice of the proposed demolition in a conspicuous place facing each street abutting the property on which the structure to be demolished is located. The sign face shall be at least five square feet. The posting shall occur a minimum of 15 days prior to the meeting of the historic preservation commission to review the application. Surrounding property owners within 185 feet shall be notified of the meeting by certified and regular mail by the city no fewer than 15 days prior to the meeting.

The building official shall issue the permit authorizing the demolition within 30 calendar days of the historic preservation commission's notification to the building official that the commission has no objection to the demolition of the structure.

No more than 90 days shall elapse between approval for a demolition permit and the actual removal of a structure. Failure to remove an authorized structure within this timeframe shall require that a new application for demolition be filed.

The following definitions apply to this section:

Demolition means removal of more than 25 percent of the exterior wall or walls facing a public street or removal of 50 percent of all exterior.

Historic resource means any structure that:

(1)

Is 50 years old or older; or

(2)

Is located in an historic resources survey area; or

(3)

Is within an actual or proposed National Register of Historic Places district; or

(4)

Has been recognized or nominated by the historic preservation commission as a "historic or cultural resource."

Exceptions: The following shall not be subject to the provisions of this subsection:

(1)

A building or structure that has been determined to be a public nuisance and dangerous to the health, safety, or general welfare under the Property Maintenance Code of Sedalia, Missouri.

(2)

A building or structure that the city, before December 1, 2016, has authorized to be demolished.

(3)

An accessory building or structure that is not contemporary with an historic resource.

Certificate of demolition; when required. A certificate of demolition shall be required for all properties in the central business and cultural district, historic districts or a landmark as designated by the historic preservation commission.

Stop work orders. The chief building official is authorized and required to issue a stop work order under the procedures set forth in the building code adopted in chapter 10 of this Code when any work on any structure requiring a certificate of demolition is being performed without a certificate of demolition or in violation of the terms of a certificate of demolition.

Certificate of demolition; procedure.

(1)

An application for a certificate of demolition shall be made on forms provided by the director of community development and approved by the historic preservation commission. The application shall identify the facts which support a determination that the proposed actions meet the standards for review and design guidelines set forth in this section.

(2)

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

(3)

A certificate of insurance shall be provided to the city indicated that the applicant has a minimum of $1,000,000.00 in liability insurance. This amount may be increased by the historic preservation commission if special conditions exist in the surrounding properties that warrant a higher amount.

(4)

After determining that the application for certificate of demolition is complete, the director of community development shall schedule the application for consideration by the historic preservation commission within a reasonable time. If a fully completed application for a certificate of demolition has not been acted upon within 40 days after the date the application was filed with the director of community development, it shall be deemed approved, unless tabled or continued with the consent of the applicant. No motion to table or continue shall be made without the consent of the applicant. The director of community development shall conspicuously place a sign on the property giving public notice of the meeting at which the application shall be considered. The sign shall be placed at least 15 days prior to the meeting.

(5)

Any applicant aggrieved by the decision of the historic preservation commission may appeal to the city council by filing a notice of appeal with the city clerk within 30 days of the decision of the historic preservation commission. Notice of the historic preservation commission's decision shall be mailed to the applicant unless the applicant or the applicant's agent was present at the meeting at which the decision was made. The city council shall provide a hearing and render a decision in accordance with the provisions of RSMo ch. 536.

Certificate of demolition; standards for review and design guidelines. In considering an application for a certificate of demolition, the historic preservation commission shall be guided by the following standards, and design guidelines in addition to any area-specific design guidelines included in the ordinance designating the landmark or historic district.

(1)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be preserved when possible.

(2)

Every reasonable effort shall be made to protect and preserve cultural resources affected by or adjacent to any project.

(3)

The impact demolition will have on adjacent structures and the overall integrity of the historic district.

(4)

The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures.

Violations. In addition to the penalties provided for in this chapter, any person who undertakes or causes an alteration, construction, demolition or removal of any designated landmark or property within a historic district or the Central Business and Cultural District in violation of this section shall be required to return the landmark or property to its appearance and setting prior to the violation. Any action to enforce this provision shall be brought by the city.

Prior permits. Nothing contained in this section shall affect any building permit, demolition permit or land disturbance permit issued for property which becomes part of a historic district if the permit was issued prior to such designation.

(Ord. No. 10562, § 1, 2-21-2017)

Sec. 64-74. - Purpose.

The purpose of the small lot overlay district is to provide for additional construction and housing options in order for new construction on lots within the district to comply with modem zoning regulations and construction practices. The intent of the district is to allow for tiny homes to be constructed and used on lots that, due to their size, may be unable to be built upon using modem construction and design practices.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-75. - Establishment.

The city hereby establishes a small lot overlay district generally bounded from Mill Street to Moniteau Avenue and the Union Pacific Railroad Tracks to the northern edge of Sedalia city limits, but more specifically indicated on the city's zoning map. The regulations applicable to the property within the small lot overlay district shall be those of the underlying zoning districts, in addition to the overlay district regulations set forth in this article. In the event of a conflict, the stricter regulation shall apply.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-76. - Permitted uses.

(a)

Tiny homes.

(b)

Multiple tiny homes on a single lot may be permitted in underlying zoning districts R-2 and R-3, except that no more than two tiny homes shall be allowed in a parcel zoned R-2 and four tiny homes shall be allowed on a single parcel zoned R-3. When multiple tiny homes are set on a single lot, all other requirements of the underlying zoning district must be complied with.

(c)

Tiny homes shall not be used for nightly or weekly rentals.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-77. - Permit required.

(a)

Prior to seeking a building permit to construct one or multiple Tiny Homes, the property owner shall apply for a Tiny Home Permit. Such application shall be submitted to the Community Development Director on a form prescribed by said Director and shall include plans, designs, and/or drawings of the proposed construction.

(b)

Upon receipt of a tiny permit application, along with the application fee as determined by the city fee schedule, the community development director shall cause a public hearing to be held in front of the planning and zoning commission and issue notice of said hearing to all adjacent property owners within 185 feet of the applicant property.

(c)

The planning and zoning commission shall hear public input as well as input from city staff and the applicant at the public hearing related to the proposed tiny home construction and layout. The commission shall then vote to approve, deny, or approve with conditions, the tiny home permit application.

(Ord. No. 12135, § 1, 9-23-2024)

Sedalia City Zoning Code

ARTICLE II

DISTRICTS

Sec. 64-34. - Districts.

(a)

District A	Agricultural district
District R-1	Single-family residential district
District R-2	Two-family residential district
District R-3G	Garden apartment district
District R-3	Apartment house district
District C-O	Nonretail district
District C-1	Local business district
District C-2	General business district
District C-3	Commercial district
District M-1	Light industrial district
District M-2	Heavy industrial district
District FP	Floodplain district

(b)

In addition, planned districts equivalent to these districts are provided for in section 64-49.

(Code 1969, § 34-3; Code 1982, § 31-3; Ord. No. 7763, § 4, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-35. - District map adopted; district boundaries.

(a)

(b)

(c)

(d)

Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley.

(e)

(Code 1969, § 34-4; Code 1982, § 31-4; Ord. No. 8718, § 1, 9-21-1992; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-36. - District A, agricultural.

(a)

Purpose/intent. The district A, agricultural, is designed to:

(1)

Preserve prime agricultural land for the production of food and fiber;

(2)

Protect existing farm operations from nonfarm persons objecting to normal farmland uses; and

(3)

Restrict low density rural, suburban or urban development in the rural area until public utilities and services are available or feasible.

(b)

(1)

Farming.

(2)

Farm dwellings provided for the owner and tenants in conjunction with farm use.

(3)

Housing for migrant workers.

(4)

Accessory farm buildings and structures, including barns, sheds, silos, windmills, stables, pens and kennels.

(5)

Grain elevators.

(6)

Orchards.

(7)

Nurseries and greenhouses.

(8)

Forest and lumbering operations.

(9)

Mining, quarrying or other extracting activity of raw materials.

(10)

Monument sales.

(11)

Cemeteries.

(12)

Churches.

(13)

Fishing preserves.

(14)

(15)

Public and semipublic camps such as Boy Scout, Girl Scout, 4-H, church, but not including overnight travel-trailer or recreational vehicular commercial facilities.

(16)

Radio or television stations, transmitters or towers.

(17)

Roadside stands for the retail sale of farm produce grown on the premises.

(18)

Sanitary landfills and refuse disposal areas, but not including hazardous waste as defined by federal and state law.

(19)

Schools.

(20)

Truck farms.

(21)

Veterinarian clinics, animal hospitals, or animal boarding stables or kennels.

(c)

(1)

Airports.

(2)

Billboards.

(3)

Commercial amusement parks and uses, including pitch-and-putt golf courses, driving ranges, miniature golf courses or automobile racetracks.

(4)

Commercial or industrial business directly serving a farm.

(5)

Crematories or mausoleums.

(6)

Drive-in movies.

(7)

Small feedlots (less than 1,000 head of livestock or the equivalent) shall have a letter of approval from the department of natural resources prior to the approval of the commission and council.

Sewage disposal or water supply treatment plants and other public or semipublic utility facilities.

(8)

Isolation homes, penal institutions, sanitariums or asylums.

(9)

Nursing and care homes subject to inspection and license requirements.

(10)

Any public building or land use by any department of the city, county, state or federal governments.

(11)

Shooting ranges and hunting preserves.

(d)

Density. In district A, there shall be a maximum area density of five percent of the land area being covered by buildings or structures.

(1)

Area. All lots or parcels shall contain a minimum area of five acres.

(2)

Height. No height restriction (except as prescribed by Federal Aviation Agency of the United States).

(3)

(4)

Side and rear yards. Side and rear yards shall be a minimum of 50 feet.

(Code 1982, § 31-16.1; Ord. No. 7763, § 5, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-46 as new § 64-36.

Sec. 64-37. - District R-1, single-family residential.

(a)

(b)

(1)

Dwellings, one-family;

(2)

On a lot already devoted to the use for which the building permit is required;

On a lot having a side line common to a public park, playground or directly across a street from any one or combination of such uses;

On a corner lot having a minimum of 100 feet frontage;

On a lot three sides of which adjoin streets;

On a lot approved by the city council, following public hearing, as being a location where such building will not materially injure neighboring property for residential use.

(3)

Public parks and playgrounds, including public recreation or service buildings within such parks;

(4)

(5)

Day care homes;

(6)

Foster family homes;

(7)

Group care homes;

(8)

Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges and other similar activities operated as a business);

(9)

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

(10)

(11)

Reserved.

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

Reserved.

(12)

Community residential facility;

(13)

Emergency housing;

(14)

Permanent supportive housing;

(15)

(16)

Transitional housing;

(c)

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

(1)

Height. Buildings or structures shall not exceed 35 feet, and shall not exceed two and one-half stories in height.

(2)

(3)

(4)

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

(5)

(6)

(7)

(8)

Parking regulations. See section 64-155.

For exception see section 64-154, pertaining to height, area and fencing exceptions.

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-36 as new § 64-37.

Sec. 64-38. - District R-2, two-family residential.

(a)

(b)

(1)

Any use permitted in district R-1;

(2)

Two-family dwellings;

(3)

Accessory uses as provided in district R-1; except, that in district R-2 a private garage may provide space for not more than one motor vehicle for each 1,500 square feet of lot area.

(4)

Community residential facility;

(c)

Height and area regulations. In district R-2 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Same as district R-1.

(2)

Front yards. Same as district R-1.

(3)

Side yards. Same as district R-1, including regulations for corner lots adjacent to reversed frontage.

(4)

Rear yards. Same as district R-1.

(5)

Width of lot. Same as district R-1.

(6)

(7)

(8)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-8; Code 1982, § 31-8; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784 § 5, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-37 as new § 64-38.

Sec. 64-39. - District R-3G, garden apartment.

(a)

(b)

(1)

Any use permitted in district R-2;

(2)

Garden apartment buildings;

(3)

Customary accessory uses located on the premises and not involving the conduct of a business or industry.

(c)

Height and area regulations. In district R-3G, the height of buildings, the minimum amount of open space and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Buildings or structures shall not exceed 35 feet and shall not exceed two and one-half stories in height.

(2)

Setback from streets. No building shall be located closer to a public or private street line than 25 feet.

(3)

(4)

(5)

Lot area for dwelling unit. Not more than one dwelling unit for each 2,500 square feet of lot area shall be permitted.

(6)

Back to back, 40 feet;

Front to front, 50 feet;

End to end, 20 feet;

Corner to corner, 15 feet;

End to back, 25 feet;

End to front, 40 feet; and

No building shall face directly upon the rear of another building.

(7)

Parking regulations. Two parking spaces on the premises completely off any public street shall be provided for each dwelling unit in this district.

(8)

Private streets. The minimum standards are for a private street contained in a site plan for a garden apartment project are as follows:

Right-of-way: 50 feet;

Construction: two-inch base rock, four-inch bituminous base, two-inch asphaltic concrete surface coarse;

Minimum pavement width: 27 feet; and

Curb and guttering: two feet required.

For exceptions, see section 64-152, pertaining to nonconforming uses.

(c)

(Code 1969, § 34-9; Code 1982, § 31-9; Ord. No. 8566, §§ 2, 3, 1-21-1991; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-38 as new § 64-39.

Sec. 64-40. - District R-3, apartment house.

(a)

(b)

(1)

Any use permitted in district R-3G;

(2)

Apartment houses, or multiple-family dwellings;

(3)

Boardinghouses and lodginghouses;

(4)

Fraternity or sorority houses and dormitories;

(5)

Hospitals, sanitariums or homes for convalescents or aged other than for the insane or feeble minded or alcoholics or drug addicts;

(6)

Day care centers;

(7)

Residential care center;

(8)

Private clubs or fraternal orders, except those whose chief activity is carried on as a business;

(9)

Philanthropic or eleemosynary institutions, other than penal institutions;

(10)

Accessory uses customarily incident to any of the uses in this subsection (a) and located on the same lot, not involving the conduct of a business or industry.

(11)

Community center;

(12)

Support services, with a special use permit;

(b)

Height and area regulations. In district R-3 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Buildings or structures shall not exceed 45 feet and shall not exceed three stories in height.

(2)

Front yards. Same as district R-1.

(3)

(4)

Rear yards. The depth of the rear yard shall be at least 25 feet.

(5)

Width of lot. Same as district R-1 for single- and two-family dwellings. A multifamily dwelling to be constructed or converted in this district shall have a minimum lot width of 100 feet.

(6)

(7)

Floor area. Every single- or two-family dwelling hereafter erected, constructed, reconstructed or altered in a district R-3 shall have a floor area as required in district R-2.

(8)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-10; Code 1982, § 31-10; Ord. No. 7321, § 2, 6-6-1977; Ord. No. 7341, § 5, 8-1-1977; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784, § 6, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-39 as new § 64-40.

Sec. 64-41. - District C-O, nonretail.

(a)

(b)

(1)

Any use permitted in district R-3, except that permanent supportive housing and transitional housing shall not be permitted without a special use permit.

(2)

Office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies;

(3)

Other offices, limited to the following:

Accountants;

Architects;

Brokers;

Engineers;

Dentists;

Lawyers;

Physicians, osteopaths, chiropractors;

Real estate and insurance;

(4)

Hairdressers;

(5)

Mortuaries;

(6)

Customary accessory uses;

(7)

Radio and television studios;

(8)

Hearing aid dispensers.

(9)

Community center;

(10)

Day shelter, with a special use permit;

(11)

Emergency shelter, with a special use permit;

(12)

Emergency housing;

(13)

Support services;

(14)

Temporary cooling shelter, with a special use permit;

(15)

Temporary warming shelter, with a special use permit.

(c)

Height and area regulations. In district C-O the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. No building or structure shall exceed two and one-half stories in height.

(2)

Front yards. A front yard of not less than 30 feet shall be provided.

(3)

(4)

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

(5)

Requirements for dwellings. See corresponding districts.

(6)

Parking regulations. See section 64-155.

For exceptions see section 64-152, pertaining to nonconforming uses.

(Code 1969, § 34-11; Code 1982, § 31-11; Ord. No. 7335, § 2, 7-18-1977; Ord. No. 9093, § 1, 11-2-1998; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784, §§ 7,8, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-40 as new § 64-41.

Sec. 64-42. - District C-1, local business.

(a)

(b)

(1)

Any use permitted in district C-O;

(2)

Assembly halls;

(3)

Automobile parking lots for passenger cars only;

(4)

Bakeries employing not more than five persons on the premises;

(5)

Banks;

(6)

Barbershops and beauty shops;

(7)

Bicycle repair shops, electric repair and fix-it shops;

(8)

Cleaning, pressing and dyeing establishments, employing not more than five persons on the premises; provided, that only nonexplosive cleaning fluids shall be used;

(9)

Clinics (medical or dental);

(10)

Filling stations; provided, that all storage tanks for gasoline shall be below the surface of the ground;

(11)

Frozen food lockers for individual or family use;

(12)

Garages (storage);

(13)

Greenhouses (commercial);

(14)

Ice delivery stations for storage and sale of ice at retail only;

(15)

Laundries employing not more than five persons on the premises;

(16)

Lodge halls;

(17)

Offices;

(18)

Photographic service shops;

(19)

Printing shops; provided, that the total mechanical power used in the operation of such printing plant shall not exceed five horsepower;

(20)

Radio and television shops or studios;

(21)

Restaurants, cafes or cafeterias, where there is no floor show or other form of entertainment and where there is no sale or consumption of liquor;

(22)

Schools operated as a business;

(23)

Shoe repair shops;

(24)

(25)

Signs limited to signs advertising services or products offered on the premises;

(26)

Stores, shops and markets for retail trades; provided, that merchandise is not displayed, stored or offered for sale on the premises outside of a building within the required front yard;

(27)

Studios;

(28)

(29)

The stores specified in this subsection (a), shops or businesses shall be retail or service establishments exclusively. No drive-in or curb services shall be permitted.

(c)

(1)

(2)

Front yards. Same as district R-1; provided, that where established buildings in this district within same block have front yards of less depth, the board may reduce the required depth.

(3)

(4)

(5)

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-12; Code 1982, § 31-12; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-41 as new § 64-42.

Sec. 64-43. - District C-2, general business.

(a)

(b)

(1)

Any use permitted in district C-1, except day shelter; emergency shelter; emergency housing; support services; temporary cooling shelter; temporary warming shelter; and transient dwelling houses;

(2)

Armories;

(3)

Automobile or trailer sales rooms or yards, other than premises where used vehicles are dismantled;

(4)

(5)

Billboards and advertising signs, where otherwise permitted by ordinance;

(6)

Billiard halls;

(7)

(8)

Bus passenger stations;

(9)

Commercial garages;

(10)

Drive-in restaurants, refreshment stands, etc., where persons are served in automobiles;

(11)

Gymnasiums and recreational buildings (commercial);

(12)

Hospitals for small animals if within an enclosed building;

(13)

Newspaper publishing plants;

(14)

Radio and television broadcasting stations and studios, except towers;

(15)

Restaurants, cafes, cafeterias, taverns and night clubs;

(16)

(17)

(18)

Swimming pools (commercial);

(19)

Telephone central offices and exchanges;

(20)

Theaters;

(21)

Tire shops;

(22)

Wholesale sales offices and sample rooms;

(23)

(24)

Accessory uses customarily incident to any of the uses in this subsection (a).

(c)

(1)

Height. Buildings or structures shall not exceed 100 feet and shall not exceed eight stories in height.

(2)

(3)

Side yards. No side yard is required except that where a sideline of a lot abuts a lot in a district R-1 to R-3 inclusive a side yard of not less than five feet shall be provided.

(4)

Rear yards. No rear yard required.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Every building or portion of a building hereafter erected or used for dwelling purposes shall provide a lot area of not less than 600 square feet per family.

(7)

Parking regulations. See section 64-155.

(8)

The demolition or removal of existing buildings shall be strongly discouraged.

Size and shape. All new commercial buildings shall maintain the overall size, scale, height, and horizontal or vertical orientation of the original commercial buildings in the area.

Rhythm. The rhythm (repetition of the location and size of the door and window openings) created by neighboring buildings shall be maintained on the facade of new buildings.

Materials. All new construction shall be compatible in materials, size, scale, color and texture with the neighboring buildings.

For exceptions see section 64-154, for height, area and fencing exemptions.

(Code 1969, § 34-13; Code 1982, § 31-13; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11751, § 3, 2-22-2023; Ord. No. 11784, § 9, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-42 as new § 64-43.

Sec. 64-44. - District C-3, commercial.

(a)

(b)

(1)

Any use permitted in district C-2;

(2)

Automobile, boat, truck or trailer rooms or yards provided no dismantled vehicles or parts are stored or displayed outside the building;

(3)

Automobile repair garages; provided, that no repair operations or storage of parts of dismantled vehicles takes place outside the building;

(4)

(5)

Feed stores;

(6)

(7)

Miniature golf courses; provided, that any floodlights shall be directed away from adjoining residence districts;

(8)

(9)

Sale of lawn ornaments, ornamental iron, ornamental fences;

(10)

Plumbing, heating and air conditioning shops; provided, that no equipment or material is stored on the premises in the front or side yards;

(11)

Pop bottling plants;

(12)

Rental stores;

(13)

Sale and maintenance of farm equipment;

(14)

Storage in bulk of, or warehouse for, such materials as are incidental to sale on the premises or permitted in this subsection (a);

(15)

(16)

Accessory uses customarily incident to any of the uses in this subsection (a).

(17)

Day shelter with a special use permit;

(18)

Emergency shelter with a special use permit;

(19)

Emergency housing;

(20)

Support services;

(21)

Temporary cooling shelter with a special use permit;

(22)

Temporary warming shelter with a special use permit;

(c)

(1)

Height. Same as district C-1.

(2)

Front yards. Same as district C-1.

(3)

Side yards. Same as district C-1.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-43 as new § 64-44.

Sec. 64-45. - District M-1, light industrial.

(a)

(b)

(1)

Any use permitted in district C-3;

(2)

Bakeries;

(3)

Blacksmith or wagon shops;

(4)

Bottling works;

(5)

Bus barns or lots;

(6)

Canning or preserving factors;

(7)

Carpenter, cabinet or pattern shops; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(8)

Carpet cleaning establishments;

(9)

Chemical laboratories not producing noxious fumes or odors;

(10)

Cleaning, pressing and dyeing plants;

(11)

Cold storage plants;

(12)

Creameries;

(13)

Day shelter with a special use permit;

(14)

Dog pounds if within an enclosed building;

(15)

Electroplating works;

(16)

Emergency shelter with a special use permit;

(17)

Emergency housing with a special use permit;

(18)

Flour mills, feed mills and grain processing;

(19)

Forges (hand);

(20)

Freight terminals (rail or truck);

(21)

Galvanizing works;

(22)

Garages (public);

(23)

Grain elevators;

(24)

Ice plants;

(25)

Laundries;

(26)

Lumber yards;

(27)

Machine shops; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(28)

(29)

(30)

Milk bottling or distribution plants;

(31)

Monument or marble works, finishing and carving only, excluding stone cutting;

(32)

Moving, transfer or storage plants;

(33)

Photo engraving plants;

(34)

Planning mills; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(35)

Plumbing and sheet metal shops (allowing punching of material of one-eighth inch or less in thickness);

(36)

Printing plants;

(37)

Produce markets (wholesale);

(38)

Railroad freight yards;

(39)

Sales rooms, yards and service for farm machinery, contractors' equipment and oil well supplies;

(40)

Sign painting plants;

(41)

Stables (public) or wagon sheds;

(42)

(43)

Support services with a special use permit;

(44)

Temporary cooling shelter with a special use permit;

(45)

Temporary warming shelter with a special use permit.

(46)

(47)

Tracks (team, loading, or storage);

(48)

Veterinary hospitals;

(49)

Accessory uses customarily incident to any of the uses in this subsection (a).

(c)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(d)

(1)

(2)

(3)

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, for height, area and fencing exemptions.

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-44 as new § 64-45.

Sec. 64-46. - District M-2, heavy industrial.

(a)

(b)

(1)

(2)

Ammonia, bleaching powder, chemical plants;

(3)

Assaying works (other than gold or silver);

(4)

Auto wrecking and salvage yards; provided, that such yards are completely fenced with a solid painted wood or painted metal wall not less than eight feet high and kept in good repair;

(5)

Blooming or rolling mills;

(6)

Breweries or distilleries;

(7)

Carpenter, cabinet or pattern shops;

(8)

Chemical laboratories;

(9)

Cider mills;

(10)

Coal car dumps;

(11)

Coal distillation and byproduct plants;

(12)

Coal hoists, pockets or trestles;

(13)

Coke ovens;

(14)

Concrete or asphalt mixing plants;

(15)

Cooperage works;

(16)

Cotton ginning or baling works;

(17)

Day shelter with a special use permit;

(18)

Dog kennels (commercial);

(19)

Dog pounds;

(20)

Emergency shelter with a special use permit;

(21)

Emergency housing with a special use permit;

(22)

Enameling works;

(23)

Electric power plants;

(24)

Forges (power);

(25)

Foundries (iron, brass, bronze, aluminum);

(26)

Hides and skins (storage, curing or tanning);

(27)

Japanning works;

(28)

Junkyards, including storage, sorting, baling or processing of rags, paper or metal;

(29)

Lumber mills;

(30)

Machine shops;

(31)

(32)

Meat or fish packing or storage plants;

(33)

Marijuana cultivation facility, entirely within enclosed building. See section 64-48 for additional conditions;

(34)

(35)

Marijuana-infused products manufacturing facility. See section 64-48 for additional conditions;

(36)

Marijuana testing facility, entirely within enclosed building. See section 64-48 for additional conditions;

(37)

Metal stamping, shearing, punching works, etc.;

(38)

Monument or marble works;

(39)

Oil compounding and barreling plants;

(40)

Planning mills;

(41)

Plumbing and sheet metal shops;

(42)

Railroad round houses or shops;

(43)

Rock crushers;

(44)

Salt works;

(45)

Sheet metal shops;

(46)

Steel furnaces;

(47)

Stone cutting;

(48)

Structural iron or pipe works;

(49)

Sugar refineries;

(50)

Support services with a special use permit;

(51)

Tar distillation or manufacture;

(52)

Temporary cooling shelter with a special use permit;

(53)

Temporary warming shelter with a special use permit.

(54)

Tool and die shops;

(55)

Wire or rod mills;

(56)

Wood distillation plants (charcoal, tar, turpentine, etc.);

(57)

Wood scouring works;

(58)

Acid manufacture;

Cement, lime gypsum or plaster of Paris manufacture;

Distillation of bones;

Explosive manufacture or storage;

Fertilizer manufacture and storage;

Gas manufacture;

Garbage, offal or dead animal reduction or dumping;

Paper or pulp manufacture;

Smelting of tin, copper, zinc or iron ores;

Stockyards or slaughtering;

Wholesale storage of gasoline.

(59)

Accessory uses customarily incident to any of the uses in this subsection (b).

(c)

Performance standards. To be permitted industrial uses in heavy industrial district (I-2), whether as a permitted use or as special use, such uses must meet the following performance standards:

(1)

(2)

(3)

(4)

(5)

(6)

Odor. Odor causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

(7)

(8)

(d)

Height and area regulations. In district M-2 the height of buildings and the minimum dimensions of lots and yards shall be as follows:

(1)

Height. Same as district M-1.

(2)

Front yards. Same as district M-1.

(3)

Side yards. Same as district C-1.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. No minimum.

(6)

Parking regulations. See section 64-155.

For exceptions see section 64-154, for height, area and fencing exemptions.

Sec. 64-47. - District FP, floodplain.

(a)

(1)

Prohibit the placement of fill materials and structures which would raise the flood level, or decrease the storage capacity of the floodplains, or unduly obstruct floodwater flows;

(2)

Protect human life, prevent property damage, minimize business interruptions, and reduce rescue and relief efforts, which generally must be undertaken at public expense;

(3)

Minimize expenditures of public moneys for costly flood control projects, and reduce the damage to public facilities in the floodplain such as water mains, sewer lines, streets and bridges;

(4)

Minimize flood blight areas and maintain property values and a stable tax base adjacent to the floodplain;

(5)

Discourage the victimization of unwary home and land buyers;

(6)

Provide for public awareness of the flooding potential; and

(7)

Minimize surface water and groundwater pollution which will affect human, animal or plant life.

(b)

(c)

(1)

Agricultural uses such as farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, orchards and forestry (except buildings).

(2)

Fishing, preservation of scenic and scientific areas, public and private fish hatcheries, soil and water conservation facilities, and wildlife preserves.

(3)

Loading areas, parking areas, lawns, gardens, play areas and other similar open space uses.

(4)

Private and public recreational uses such as golf courses, tennis courts, ballfields, archery ranges, picnic grounds, boating areas, parks, hiking, bicycle and horseback trails.

(5)

Streets, bridges, utility transmission lines and pipelines.

(d)

(1)

Extraction of sand, gravel and other materials.

(2)

Buildings or structures accessory to permitted open space uses.

(3)

Camping areas.

(4)

Storage yards (only for material which is not subject to flood damage or flotation).

(5)

Hunting areas, firearms ranges and shooting preserves.

(6)

Fill areas when not raising the flood level or decreasing the storage capacity of the floodplain.

(Code 1982, § 31-16.2; Ord. No. 7763, § 5, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-48. - Medical marijuana facilities.

(a)

[Compliance.] Marijuana facilities of all types must comply with the provisions of chapter 12, article VII.

(b)

The prohibited distance shall be measured along the shortest path between the demarcation points that can be lawfully traveled by foot.

(1)

(2)

(1)

(2)

Medical marijuana cultivation facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(3)

Medical marijuana-infused products manufacturing facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(4)

Medical marijuana testing facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(c)

(d)

On-site usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana facility.

(e)

Display of license required. The medical marijuana license issued by the State of Missouri shall be prominently displayed in a highly visible location, easily seen by patients.

(f)

Residential dwelling units prohibited. No medical marijuana facility shall be located in a building that contains a residence.

(g)

(h)

Site plan review required. Site and construction plan review required for compliance to city building, public works, police and fire codes.

(i)

(Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11753, § 1, 2-22-2023)

Sec. 64-50. - Purpose and intent.

The city council finds and declares as a matter of public policy that it is the intent of this section to:

(1)

Preserve and protect those structures, buildings and improvements which reflect significant elements of the City of Sedalia's cultural, artistic, engineering, historic or other heritage;

(2)

Promote and protect the public health, safety and general welfare of the citizens of the city, including orderly development and coordination of municipal growth and services;

(3)

Minimize visual blight, avoid demolition by neglect and inappropriate and poor quality of design; and

(4)

Recognize that historic construction methods differ from today's building standards and require ongoing maintenance for structural integrity; and

(5)

Promote and encourage continued private ownership and use of buildings and other structures to further the objectives of this chapter.

(6)

Foster civic pride in the beauty and accomplishments of the past;

(7)

Promote the use and perpetuation of significant structures within the historic district for the education, stimulation and welfare of the people of the city;

(8)

Develop and maintain appropriate settings and environments for structures within the historic district;

(9)

Preserve and encourage harmonious architectural styles, reflecting the city's distinct phases of its history;

(10)

Foster knowledge of the living heritage of the past.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-51. - Definitions.

As used in this chapter, the following terms shall have these prescribed meanings:

Area means a specific geographic division of the City of Sedalia.

Board of adjustment means the board established pursuant to section 2-681 of this Code.

Commissioners means members of the Sedalia Historic Preservation Commission (SHPC).

Construction means the act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.

Council means the City Council of the City of Sedalia.

Design guideline means a standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

Owner of record means the person, corporation or other legal entity listed as owner on the records of the county recorder of deeds.

Planning and zoning commission means the City of Sedalia Planning and Zoning Commission.

Removal means any relocation of a structure on its site or to another site.

Repair means any change that is not construction, removal or alteration.

SHPC means the Sedalia Historic Preservation Commission.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-52. - Surveys and research.

(1)

The potential landmarks in one identifiable neighborhood or distinct geographical area of the City of Sedalia.

(2)

The potential landmarks associated with a particular person, event or historical period.

(3)

The potential landmarks of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman.

(4)

Such other criteria as may be adopted by the SHPC to assure systematic survey and nomination of all potential landmarks within the City of Sedalia.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-53. - Nomination of landmarks and historic districts.

(a)

(b)

(1)

Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country.

(2)

Its location as a site of a significant local, county, state or national event.

(3)

Its identification with a person or persons who significantly contributed to the development of the community, county, state or country.

(4)

Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials.

(5)

Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country.

(6)

Its embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant.

(7)

Its embodiment of design elements that make it structurally or architecturally innovative.

(8)

(9)

(10)

Its suitability for preservation or restoration.

(11)

A copy of the foregoing criteria for designation of landmarks and historic districts shall be made available to the public upon request at the office of the community development director.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-54. - Report and recommendation of SHPC.

(1)

Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation.

(2)

Explanation of the integrity or lack of integrity of the nominated landmark or historic district.

(3)

In the case of a nominated landmark found to meet the criteria for designation:

The significant exterior architectural features of the nominated landmark that should be protected.

The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, which should be reviewed for a certificate of appropriateness.

(4)

In the case of a nominated historic district found to meet the criteria for designation:

The types of significant exterior architectural features of the structures within the nominated historic district that should be protected.

The types of alterations and demolitions that should be reviewed for a certificate of appropriateness.

(5)

Proposed design guidelines, including minimum maintenance requirements, for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district.

(6)

The relationship of the nominated landmark or historic district to the ongoing effort of the SHPC to identify and nominate all potential areas and structures that meet the criteria for designation.

(7)

(8)

A map showing the location of the nominated landmark and the boundaries of the nominated historic district.

(9)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-55. - Notification of nomination.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-56. - Determination by the planning and zoning commission.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-57. - Notification of determination.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-58. - Action by city council.

(a)

(b)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-59. - Appeal.

A determination by the city council as to whether or not to designate a property as a landmark or historic district shall be a final administrative decision, as that term is defined in RSMo ch. 536.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-60. - The designation ordinance.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-61. - Amendment and rescission of designation.

Designation may be amended or rescinded upon petition to the SHPC and compliance with the same procedure and according to the same criteria set forth herein for designation.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-62. - Certificate of appropriateness—Scope.

(a)

This chapter shall establish a mandatory design review for all developments located within a historic district as depicted on the historic district map.

(b)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-63. - Design review.

(a)

(b)

(c)

(d)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-64. - Exemptions.

The following activities do not require a certificate of appropriateness or review by the SHPC:

(1)

Ordinary repair or maintenance (to include painting).

(2)

Emergency repairs.

(3)

Interior remodeling or interior decoration.

(4)

Exterior facade improvements on structures located outside of the historic district.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-65. - Certificate of appropriateness required.

The following activities require a certificate of appropriateness or review by the SHPC:

(1)

Exterior facade improvements on all structures located within the historic district.

(2)

All new construction to include primary and accessory structures within the locally designated historic districts on the historic district map.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-66. - Design review—Not binding on applicant.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-67. - Pre-application review as optional.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-68. - Design review—Application.

(a)

(b)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-69. - Same—Process.

(a)

Upon receipt of a completed application for review, the community development department shall notify the SHPC and forward the application to its members.

(b)

(c)

(d)

Upon receipt of an application for a permit for development subject to review under this chapter, the chief building official shall:

(1)

Inform the applicant of the review requirements;

(2)

Report receipt of the application to the SHPC;

(3)

Assist the SHPC in considering building, zoning, sign and fire code requirements which may apply to the proposed development; and

(4)

Shall not issue any such permit until a certificate of appropriateness has been obtained.

(e)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-70. - Same—Standards and guidelines.

(a)

Design guidelines for review of applications for certificates of appropriateness shall, at a minimum, include the following architectural criteria:

(1)

Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.

(2)

(3)

Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(4)

Roof shape. The design of the roof should be compatible with the architectural style and character of the landmarks and surrounding structures in a historic district.

(5)

Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.

(6)

(7)

(8)

(9)

(10)

(11)

Guidelines available to the public. A copy of the foregoing design review guidelines shall be made available to the public upon request at the office of the community development director.

(b)

(1)

(2)

(3)

(4)

(5)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

(6)

(7)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

(8)

(9)

(10)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

(c)

In addition, the SHPC may also from time to time adopt by rule additional or modified standards and guidelines as authorized by the city council as provided in this chapter.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-71. - Certificate of appropriateness.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-72. - Effect of review on other approvals.

(a)

Issuance of a certificate of appropriateness by the SHPC does not constitute or imply approval of any other permit or approval which may be required for the development.

(b)

No provision of this chapter shall be interpreted as limiting the authority of the hearings body or decision-making body to impose conditions as authorized elsewhere in this Code.

(c)

(d)

Neither the SHPC nor its members are delegated any executive or legislative power, authority or responsibility.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-73. - Historic preservation commission review of demolition permits.

A 30-day review period begins when the application requesting demolition has been deemed to be complete by the community development director or their designee.

The following definitions apply to this section:

Demolition means removal of more than 25 percent of the exterior wall or walls facing a public street or removal of 50 percent of all exterior.

Historic resource means any structure that:

(1)

Is 50 years old or older; or

(2)

Is located in an historic resources survey area; or

(3)

Is within an actual or proposed National Register of Historic Places district; or

(4)

Has been recognized or nominated by the historic preservation commission as a "historic or cultural resource."

Exceptions: The following shall not be subject to the provisions of this subsection:

(1)

A building or structure that has been determined to be a public nuisance and dangerous to the health, safety, or general welfare under the Property Maintenance Code of Sedalia, Missouri.

(2)

A building or structure that the city, before December 1, 2016, has authorized to be demolished.

(3)

An accessory building or structure that is not contemporary with an historic resource.

Certificate of demolition; procedure.

(1)

(2)

(3)

(4)

(5)

(1)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be preserved when possible.

(2)

Every reasonable effort shall be made to protect and preserve cultural resources affected by or adjacent to any project.

(3)

The impact demolition will have on adjacent structures and the overall integrity of the historic district.

(4)

The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures.

(Ord. No. 10562, § 1, 2-21-2017)

Sec. 64-74. - Purpose.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-75. - Establishment.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-76. - Permitted uses.

(a)

Tiny homes.

(b)

(c)

Tiny homes shall not be used for nightly or weekly rentals.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-77. - Permit required.

(a)

(b)

(c)

(Ord. No. 12135, § 1, 9-23-2024)

Sedalia City Zoning Code

ARTICLE II

DISTRICTS

Sec. 64-34. - Districts.

(a)

District A	Agricultural district
District R-1	Single-family residential district
District R-2	Two-family residential district
District R-3G	Garden apartment district
District R-3	Apartment house district
District C-O	Nonretail district
District C-1	Local business district
District C-2	General business district
District C-3	Commercial district
District M-1	Light industrial district
District M-2	Heavy industrial district
District FP	Floodplain district

(b)

In addition, planned districts equivalent to these districts are provided for in section 64-49.

(Code 1969, § 34-3; Code 1982, § 31-3; Ord. No. 7763, § 4, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-35. - District map adopted; district boundaries.

(a)

(b)

(c)

(d)

Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley.

(e)

(Code 1969, § 34-4; Code 1982, § 31-4; Ord. No. 8718, § 1, 9-21-1992; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-36. - District A, agricultural.

(a)

Purpose/intent. The district A, agricultural, is designed to:

(1)

Preserve prime agricultural land for the production of food and fiber;

(2)

Protect existing farm operations from nonfarm persons objecting to normal farmland uses; and

(3)

Restrict low density rural, suburban or urban development in the rural area until public utilities and services are available or feasible.

(b)

(1)

Farming.

(2)

Farm dwellings provided for the owner and tenants in conjunction with farm use.

(3)

Housing for migrant workers.

(4)

Accessory farm buildings and structures, including barns, sheds, silos, windmills, stables, pens and kennels.

(5)

Grain elevators.

(6)

Orchards.

(7)

Nurseries and greenhouses.

(8)

Forest and lumbering operations.

(9)

Mining, quarrying or other extracting activity of raw materials.

(10)

Monument sales.

(11)

Cemeteries.

(12)

Churches.

(13)

Fishing preserves.

(14)

(15)

Public and semipublic camps such as Boy Scout, Girl Scout, 4-H, church, but not including overnight travel-trailer or recreational vehicular commercial facilities.

(16)

Radio or television stations, transmitters or towers.

(17)

Roadside stands for the retail sale of farm produce grown on the premises.

(18)

Sanitary landfills and refuse disposal areas, but not including hazardous waste as defined by federal and state law.

(19)

Schools.

(20)

Truck farms.

(21)

Veterinarian clinics, animal hospitals, or animal boarding stables or kennels.

(c)

(1)

Airports.

(2)

Billboards.

(3)

Commercial amusement parks and uses, including pitch-and-putt golf courses, driving ranges, miniature golf courses or automobile racetracks.

(4)

Commercial or industrial business directly serving a farm.

(5)

Crematories or mausoleums.

(6)

Drive-in movies.

(7)

Small feedlots (less than 1,000 head of livestock or the equivalent) shall have a letter of approval from the department of natural resources prior to the approval of the commission and council.

Sewage disposal or water supply treatment plants and other public or semipublic utility facilities.

(8)

Isolation homes, penal institutions, sanitariums or asylums.

(9)

Nursing and care homes subject to inspection and license requirements.

(10)

Any public building or land use by any department of the city, county, state or federal governments.

(11)

Shooting ranges and hunting preserves.

(d)

Density. In district A, there shall be a maximum area density of five percent of the land area being covered by buildings or structures.

(1)

Area. All lots or parcels shall contain a minimum area of five acres.

(2)

Height. No height restriction (except as prescribed by Federal Aviation Agency of the United States).

(3)

(4)

Side and rear yards. Side and rear yards shall be a minimum of 50 feet.

(Code 1982, § 31-16.1; Ord. No. 7763, § 5, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-46 as new § 64-36.

Sec. 64-37. - District R-1, single-family residential.

(a)

(b)

(1)

Dwellings, one-family;

(2)

On a lot already devoted to the use for which the building permit is required;

On a lot having a side line common to a public park, playground or directly across a street from any one or combination of such uses;

On a corner lot having a minimum of 100 feet frontage;

On a lot three sides of which adjoin streets;

On a lot approved by the city council, following public hearing, as being a location where such building will not materially injure neighboring property for residential use.

(3)

Public parks and playgrounds, including public recreation or service buildings within such parks;

(4)

(5)

Day care homes;

(6)

Foster family homes;

(7)

Group care homes;

(8)

Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges and other similar activities operated as a business);

(9)

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

(10)

(11)

Reserved.

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

Reserved.

(12)

Community residential facility;

(13)

Emergency housing;

(14)

Permanent supportive housing;

(15)

(16)

Transitional housing;

(c)

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

(1)

Height. Buildings or structures shall not exceed 35 feet, and shall not exceed two and one-half stories in height.

(2)

(3)

(4)

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

(5)

(6)

(7)

(8)

Parking regulations. See section 64-155.

For exception see section 64-154, pertaining to height, area and fencing exceptions.

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-36 as new § 64-37.

Sec. 64-38. - District R-2, two-family residential.

(a)

(b)

(1)

Any use permitted in district R-1;

(2)

Two-family dwellings;

(3)

Accessory uses as provided in district R-1; except, that in district R-2 a private garage may provide space for not more than one motor vehicle for each 1,500 square feet of lot area.

(4)

Community residential facility;

(c)

Height and area regulations. In district R-2 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Same as district R-1.

(2)

Front yards. Same as district R-1.

(3)

Side yards. Same as district R-1, including regulations for corner lots adjacent to reversed frontage.

(4)

Rear yards. Same as district R-1.

(5)

Width of lot. Same as district R-1.

(6)

(7)

(8)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-8; Code 1982, § 31-8; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784 § 5, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-37 as new § 64-38.

Sec. 64-39. - District R-3G, garden apartment.

(a)

(b)

(1)

Any use permitted in district R-2;

(2)

Garden apartment buildings;

(3)

Customary accessory uses located on the premises and not involving the conduct of a business or industry.

(c)

Height and area regulations. In district R-3G, the height of buildings, the minimum amount of open space and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Buildings or structures shall not exceed 35 feet and shall not exceed two and one-half stories in height.

(2)

Setback from streets. No building shall be located closer to a public or private street line than 25 feet.

(3)

(4)

(5)

Lot area for dwelling unit. Not more than one dwelling unit for each 2,500 square feet of lot area shall be permitted.

(6)

Back to back, 40 feet;

Front to front, 50 feet;

End to end, 20 feet;

Corner to corner, 15 feet;

End to back, 25 feet;

End to front, 40 feet; and

No building shall face directly upon the rear of another building.

(7)

Parking regulations. Two parking spaces on the premises completely off any public street shall be provided for each dwelling unit in this district.

(8)

Private streets. The minimum standards are for a private street contained in a site plan for a garden apartment project are as follows:

Right-of-way: 50 feet;

Construction: two-inch base rock, four-inch bituminous base, two-inch asphaltic concrete surface coarse;

Minimum pavement width: 27 feet; and

Curb and guttering: two feet required.

For exceptions, see section 64-152, pertaining to nonconforming uses.

(c)

(Code 1969, § 34-9; Code 1982, § 31-9; Ord. No. 8566, §§ 2, 3, 1-21-1991; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-38 as new § 64-39.

Sec. 64-40. - District R-3, apartment house.

(a)

(b)

(1)

Any use permitted in district R-3G;

(2)

Apartment houses, or multiple-family dwellings;

(3)

Boardinghouses and lodginghouses;

(4)

Fraternity or sorority houses and dormitories;

(5)

Hospitals, sanitariums or homes for convalescents or aged other than for the insane or feeble minded or alcoholics or drug addicts;

(6)

Day care centers;

(7)

Residential care center;

(8)

Private clubs or fraternal orders, except those whose chief activity is carried on as a business;

(9)

Philanthropic or eleemosynary institutions, other than penal institutions;

(10)

Accessory uses customarily incident to any of the uses in this subsection (a) and located on the same lot, not involving the conduct of a business or industry.

(11)

Community center;

(12)

Support services, with a special use permit;

(b)

Height and area regulations. In district R-3 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. Buildings or structures shall not exceed 45 feet and shall not exceed three stories in height.

(2)

Front yards. Same as district R-1.

(3)

(4)

Rear yards. The depth of the rear yard shall be at least 25 feet.

(5)

Width of lot. Same as district R-1 for single- and two-family dwellings. A multifamily dwelling to be constructed or converted in this district shall have a minimum lot width of 100 feet.

(6)

(7)

Floor area. Every single- or two-family dwelling hereafter erected, constructed, reconstructed or altered in a district R-3 shall have a floor area as required in district R-2.

(8)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-10; Code 1982, § 31-10; Ord. No. 7321, § 2, 6-6-1977; Ord. No. 7341, § 5, 8-1-1977; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784, § 6, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-39 as new § 64-40.

Sec. 64-41. - District C-O, nonretail.

(a)

(b)

(1)

Any use permitted in district R-3, except that permanent supportive housing and transitional housing shall not be permitted without a special use permit.

(2)

Office buildings to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies;

(3)

Other offices, limited to the following:

Accountants;

Architects;

Brokers;

Engineers;

Dentists;

Lawyers;

Physicians, osteopaths, chiropractors;

Real estate and insurance;

(4)

Hairdressers;

(5)

Mortuaries;

(6)

Customary accessory uses;

(7)

Radio and television studios;

(8)

Hearing aid dispensers.

(9)

Community center;

(10)

Day shelter, with a special use permit;

(11)

Emergency shelter, with a special use permit;

(12)

Emergency housing;

(13)

Support services;

(14)

Temporary cooling shelter, with a special use permit;

(15)

Temporary warming shelter, with a special use permit.

(c)

Height and area regulations. In district C-O the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:

(1)

Height. No building or structure shall exceed two and one-half stories in height.

(2)

Front yards. A front yard of not less than 30 feet shall be provided.

(3)

(4)

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

(5)

Requirements for dwellings. See corresponding districts.

(6)

Parking regulations. See section 64-155.

For exceptions see section 64-152, pertaining to nonconforming uses.

(Code 1969, § 34-11; Code 1982, § 31-11; Ord. No. 7335, § 2, 7-18-1977; Ord. No. 9093, § 1, 11-2-1998; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11784, §§ 7,8, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-40 as new § 64-41.

Sec. 64-42. - District C-1, local business.

(a)

(b)

(1)

Any use permitted in district C-O;

(2)

Assembly halls;

(3)

Automobile parking lots for passenger cars only;

(4)

Bakeries employing not more than five persons on the premises;

(5)

Banks;

(6)

Barbershops and beauty shops;

(7)

Bicycle repair shops, electric repair and fix-it shops;

(8)

Cleaning, pressing and dyeing establishments, employing not more than five persons on the premises; provided, that only nonexplosive cleaning fluids shall be used;

(9)

Clinics (medical or dental);

(10)

Filling stations; provided, that all storage tanks for gasoline shall be below the surface of the ground;

(11)

Frozen food lockers for individual or family use;

(12)

Garages (storage);

(13)

Greenhouses (commercial);

(14)

Ice delivery stations for storage and sale of ice at retail only;

(15)

Laundries employing not more than five persons on the premises;

(16)

Lodge halls;

(17)

Offices;

(18)

Photographic service shops;

(19)

Printing shops; provided, that the total mechanical power used in the operation of such printing plant shall not exceed five horsepower;

(20)

Radio and television shops or studios;

(21)

Restaurants, cafes or cafeterias, where there is no floor show or other form of entertainment and where there is no sale or consumption of liquor;

(22)

Schools operated as a business;

(23)

Shoe repair shops;

(24)

(25)

Signs limited to signs advertising services or products offered on the premises;

(26)

Stores, shops and markets for retail trades; provided, that merchandise is not displayed, stored or offered for sale on the premises outside of a building within the required front yard;

(27)

Studios;

(28)

(29)

The stores specified in this subsection (a), shops or businesses shall be retail or service establishments exclusively. No drive-in or curb services shall be permitted.

(c)

(1)

(2)

Front yards. Same as district R-1; provided, that where established buildings in this district within same block have front yards of less depth, the board may reduce the required depth.

(3)

(4)

(5)

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

(Code 1969, § 34-12; Code 1982, § 31-12; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-41 as new § 64-42.

Sec. 64-43. - District C-2, general business.

(a)

(b)

(1)

Any use permitted in district C-1, except day shelter; emergency shelter; emergency housing; support services; temporary cooling shelter; temporary warming shelter; and transient dwelling houses;

(2)

Armories;

(3)

Automobile or trailer sales rooms or yards, other than premises where used vehicles are dismantled;

(4)

(5)

Billboards and advertising signs, where otherwise permitted by ordinance;

(6)

Billiard halls;

(7)

(8)

Bus passenger stations;

(9)

Commercial garages;

(10)

Drive-in restaurants, refreshment stands, etc., where persons are served in automobiles;

(11)

Gymnasiums and recreational buildings (commercial);

(12)

Hospitals for small animals if within an enclosed building;

(13)

Newspaper publishing plants;

(14)

Radio and television broadcasting stations and studios, except towers;

(15)

Restaurants, cafes, cafeterias, taverns and night clubs;

(16)

(17)

(18)

Swimming pools (commercial);

(19)

Telephone central offices and exchanges;

(20)

Theaters;

(21)

Tire shops;

(22)

Wholesale sales offices and sample rooms;

(23)

(24)

Accessory uses customarily incident to any of the uses in this subsection (a).

(c)

(1)

Height. Buildings or structures shall not exceed 100 feet and shall not exceed eight stories in height.

(2)

(3)

Side yards. No side yard is required except that where a sideline of a lot abuts a lot in a district R-1 to R-3 inclusive a side yard of not less than five feet shall be provided.

(4)

Rear yards. No rear yard required.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Every building or portion of a building hereafter erected or used for dwelling purposes shall provide a lot area of not less than 600 square feet per family.

(7)

Parking regulations. See section 64-155.

(8)

The demolition or removal of existing buildings shall be strongly discouraged.

Size and shape. All new commercial buildings shall maintain the overall size, scale, height, and horizontal or vertical orientation of the original commercial buildings in the area.

Rhythm. The rhythm (repetition of the location and size of the door and window openings) created by neighboring buildings shall be maintained on the facade of new buildings.

Materials. All new construction shall be compatible in materials, size, scale, color and texture with the neighboring buildings.

For exceptions see section 64-154, for height, area and fencing exemptions.

(Code 1969, § 34-13; Code 1982, § 31-13; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 11751, § 3, 2-22-2023; Ord. No. 11784, § 9, 4-17-2023)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-42 as new § 64-43.

Sec. 64-44. - District C-3, commercial.

(a)

(b)

(1)

Any use permitted in district C-2;

(2)

Automobile, boat, truck or trailer rooms or yards provided no dismantled vehicles or parts are stored or displayed outside the building;

(3)

Automobile repair garages; provided, that no repair operations or storage of parts of dismantled vehicles takes place outside the building;

(4)

(5)

Feed stores;

(6)

(7)

Miniature golf courses; provided, that any floodlights shall be directed away from adjoining residence districts;

(8)

(9)

Sale of lawn ornaments, ornamental iron, ornamental fences;

(10)

Plumbing, heating and air conditioning shops; provided, that no equipment or material is stored on the premises in the front or side yards;

(11)

Pop bottling plants;

(12)

Rental stores;

(13)

Sale and maintenance of farm equipment;

(14)

Storage in bulk of, or warehouse for, such materials as are incidental to sale on the premises or permitted in this subsection (a);

(15)

(16)

Accessory uses customarily incident to any of the uses in this subsection (a).

(17)

Day shelter with a special use permit;

(18)

Emergency shelter with a special use permit;

(19)

Emergency housing;

(20)

Support services;

(21)

Temporary cooling shelter with a special use permit;

(22)

Temporary warming shelter with a special use permit;

(c)

(1)

Height. Same as district C-1.

(2)

Front yards. Same as district C-1.

(3)

Side yards. Same as district C-1.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, pertaining to height, area and fencing exceptions.

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-43 as new § 64-44.

Sec. 64-45. - District M-1, light industrial.

(a)

(b)

(1)

Any use permitted in district C-3;

(2)

Bakeries;

(3)

Blacksmith or wagon shops;

(4)

Bottling works;

(5)

Bus barns or lots;

(6)

Canning or preserving factors;

(7)

Carpenter, cabinet or pattern shops; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(8)

Carpet cleaning establishments;

(9)

Chemical laboratories not producing noxious fumes or odors;

(10)

Cleaning, pressing and dyeing plants;

(11)

Cold storage plants;

(12)

Creameries;

(13)

Day shelter with a special use permit;

(14)

Dog pounds if within an enclosed building;

(15)

Electroplating works;

(16)

Emergency shelter with a special use permit;

(17)

Emergency housing with a special use permit;

(18)

Flour mills, feed mills and grain processing;

(19)

Forges (hand);

(20)

Freight terminals (rail or truck);

(21)

Galvanizing works;

(22)

Garages (public);

(23)

Grain elevators;

(24)

Ice plants;

(25)

Laundries;

(26)

Lumber yards;

(27)

Machine shops; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(28)

(29)

(30)

Milk bottling or distribution plants;

(31)

Monument or marble works, finishing and carving only, excluding stone cutting;

(32)

Moving, transfer or storage plants;

(33)

Photo engraving plants;

(34)

Planning mills; provided, that no mechanical power in excess of five horsepower is used in the operation of any one machine;

(35)

Plumbing and sheet metal shops (allowing punching of material of one-eighth inch or less in thickness);

(36)

Printing plants;

(37)

Produce markets (wholesale);

(38)

Railroad freight yards;

(39)

Sales rooms, yards and service for farm machinery, contractors' equipment and oil well supplies;

(40)

Sign painting plants;

(41)

Stables (public) or wagon sheds;

(42)

(43)

Support services with a special use permit;

(44)

Temporary cooling shelter with a special use permit;

(45)

Temporary warming shelter with a special use permit.

(46)

(47)

Tracks (team, loading, or storage);

(48)

Veterinary hospitals;

(49)

Accessory uses customarily incident to any of the uses in this subsection (a).

(c)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(d)

(1)

(2)

(3)

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. Same as district C-1.

(6)

Lot area per family. Same as district R-3.

(7)

Parking regulations. See section 64-155.

For exceptions see section 64-154, for height, area and fencing exemptions.

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-44 as new § 64-45.

Sec. 64-46. - District M-2, heavy industrial.

(a)

(b)

(1)

(2)

Ammonia, bleaching powder, chemical plants;

(3)

Assaying works (other than gold or silver);

(4)

Auto wrecking and salvage yards; provided, that such yards are completely fenced with a solid painted wood or painted metal wall not less than eight feet high and kept in good repair;

(5)

Blooming or rolling mills;

(6)

Breweries or distilleries;

(7)

Carpenter, cabinet or pattern shops;

(8)

Chemical laboratories;

(9)

Cider mills;

(10)

Coal car dumps;

(11)

Coal distillation and byproduct plants;

(12)

Coal hoists, pockets or trestles;

(13)

Coke ovens;

(14)

Concrete or asphalt mixing plants;

(15)

Cooperage works;

(16)

Cotton ginning or baling works;

(17)

Day shelter with a special use permit;

(18)

Dog kennels (commercial);

(19)

Dog pounds;

(20)

Emergency shelter with a special use permit;

(21)

Emergency housing with a special use permit;

(22)

Enameling works;

(23)

Electric power plants;

(24)

Forges (power);

(25)

Foundries (iron, brass, bronze, aluminum);

(26)

Hides and skins (storage, curing or tanning);

(27)

Japanning works;

(28)

Junkyards, including storage, sorting, baling or processing of rags, paper or metal;

(29)

Lumber mills;

(30)

Machine shops;

(31)

(32)

Meat or fish packing or storage plants;

(33)

Marijuana cultivation facility, entirely within enclosed building. See section 64-48 for additional conditions;

(34)

(35)

Marijuana-infused products manufacturing facility. See section 64-48 for additional conditions;

(36)

Marijuana testing facility, entirely within enclosed building. See section 64-48 for additional conditions;

(37)

Metal stamping, shearing, punching works, etc.;

(38)

Monument or marble works;

(39)

Oil compounding and barreling plants;

(40)

Planning mills;

(41)

Plumbing and sheet metal shops;

(42)

Railroad round houses or shops;

(43)

Rock crushers;

(44)

Salt works;

(45)

Sheet metal shops;

(46)

Steel furnaces;

(47)

Stone cutting;

(48)

Structural iron or pipe works;

(49)

Sugar refineries;

(50)

Support services with a special use permit;

(51)

Tar distillation or manufacture;

(52)

Temporary cooling shelter with a special use permit;

(53)

Temporary warming shelter with a special use permit.

(54)

Tool and die shops;

(55)

Wire or rod mills;

(56)

Wood distillation plants (charcoal, tar, turpentine, etc.);

(57)

Wood scouring works;

(58)

Acid manufacture;

Cement, lime gypsum or plaster of Paris manufacture;

Distillation of bones;

Explosive manufacture or storage;

Fertilizer manufacture and storage;

Gas manufacture;

Garbage, offal or dead animal reduction or dumping;

Paper or pulp manufacture;

Smelting of tin, copper, zinc or iron ores;

Stockyards or slaughtering;

Wholesale storage of gasoline.

(59)

Accessory uses customarily incident to any of the uses in this subsection (b).

(c)

Performance standards. To be permitted industrial uses in heavy industrial district (I-2), whether as a permitted use or as special use, such uses must meet the following performance standards:

(1)

(2)

(3)

(4)

(5)

(6)

Odor. Odor causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

(7)

(8)

(d)

Height and area regulations. In district M-2 the height of buildings and the minimum dimensions of lots and yards shall be as follows:

(1)

Height. Same as district M-1.

(2)

Front yards. Same as district M-1.

(3)

Side yards. Same as district C-1.

(4)

Rear yards. Same as district C-1.

(5)

Width of lot. No minimum.

(6)

Parking regulations. See section 64-155.

For exceptions see section 64-154, for height, area and fencing exemptions.

Sec. 64-47. - District FP, floodplain.

(a)

(1)

Prohibit the placement of fill materials and structures which would raise the flood level, or decrease the storage capacity of the floodplains, or unduly obstruct floodwater flows;

(2)

Protect human life, prevent property damage, minimize business interruptions, and reduce rescue and relief efforts, which generally must be undertaken at public expense;

(3)

Minimize expenditures of public moneys for costly flood control projects, and reduce the damage to public facilities in the floodplain such as water mains, sewer lines, streets and bridges;

(4)

Minimize flood blight areas and maintain property values and a stable tax base adjacent to the floodplain;

(5)

Discourage the victimization of unwary home and land buyers;

(6)

Provide for public awareness of the flooding potential; and

(7)

Minimize surface water and groundwater pollution which will affect human, animal or plant life.

(b)

(c)

(1)

Agricultural uses such as farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, orchards and forestry (except buildings).

(2)

Fishing, preservation of scenic and scientific areas, public and private fish hatcheries, soil and water conservation facilities, and wildlife preserves.

(3)

Loading areas, parking areas, lawns, gardens, play areas and other similar open space uses.

(4)

Private and public recreational uses such as golf courses, tennis courts, ballfields, archery ranges, picnic grounds, boating areas, parks, hiking, bicycle and horseback trails.

(5)

Streets, bridges, utility transmission lines and pipelines.

(d)

(1)

Extraction of sand, gravel and other materials.

(2)

Buildings or structures accessory to permitted open space uses.

(3)

Camping areas.

(4)

Storage yards (only for material which is not subject to flood damage or flotation).

(5)

Hunting areas, firearms ranges and shooting preserves.

(6)

Fill areas when not raising the flood level or decreasing the storage capacity of the floodplain.

(Code 1982, § 31-16.2; Ord. No. 7763, § 5, 9-8-1981; Ord. No. 10285, § 2, 3-16-2015)

Sec. 64-48. - Medical marijuana facilities.

(a)

[Compliance.] Marijuana facilities of all types must comply with the provisions of chapter 12, article VII.

(b)

The prohibited distance shall be measured along the shortest path between the demarcation points that can be lawfully traveled by foot.

(1)

(2)

(1)

(2)

Medical marijuana cultivation facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(3)

Medical marijuana-infused products manufacturing facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(4)

Medical marijuana testing facility: 1,000 feet. Allowed exclusively in district M-2, heavy industrial.

(c)

(d)

On-site usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any medical marijuana facility.

(e)

Display of license required. The medical marijuana license issued by the State of Missouri shall be prominently displayed in a highly visible location, easily seen by patients.

(f)

Residential dwelling units prohibited. No medical marijuana facility shall be located in a building that contains a residence.

(g)

(h)

Site plan review required. Site and construction plan review required for compliance to city building, public works, police and fire codes.

(i)

(Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11753, § 1, 2-22-2023)

Sec. 64-50. - Purpose and intent.

The city council finds and declares as a matter of public policy that it is the intent of this section to:

(1)

Preserve and protect those structures, buildings and improvements which reflect significant elements of the City of Sedalia's cultural, artistic, engineering, historic or other heritage;

(2)

Promote and protect the public health, safety and general welfare of the citizens of the city, including orderly development and coordination of municipal growth and services;

(3)

Minimize visual blight, avoid demolition by neglect and inappropriate and poor quality of design; and

(4)

Recognize that historic construction methods differ from today's building standards and require ongoing maintenance for structural integrity; and

(5)

Promote and encourage continued private ownership and use of buildings and other structures to further the objectives of this chapter.

(6)

Foster civic pride in the beauty and accomplishments of the past;

(7)

Promote the use and perpetuation of significant structures within the historic district for the education, stimulation and welfare of the people of the city;

(8)

Develop and maintain appropriate settings and environments for structures within the historic district;

(9)

Preserve and encourage harmonious architectural styles, reflecting the city's distinct phases of its history;

(10)

Foster knowledge of the living heritage of the past.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-51. - Definitions.

As used in this chapter, the following terms shall have these prescribed meanings:

Area means a specific geographic division of the City of Sedalia.

Board of adjustment means the board established pursuant to section 2-681 of this Code.

Commissioners means members of the Sedalia Historic Preservation Commission (SHPC).

Construction means the act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.

Council means the City Council of the City of Sedalia.

Design guideline means a standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

Owner of record means the person, corporation or other legal entity listed as owner on the records of the county recorder of deeds.

Planning and zoning commission means the City of Sedalia Planning and Zoning Commission.

Removal means any relocation of a structure on its site or to another site.

Repair means any change that is not construction, removal or alteration.

SHPC means the Sedalia Historic Preservation Commission.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-52. - Surveys and research.

(1)

The potential landmarks in one identifiable neighborhood or distinct geographical area of the City of Sedalia.

(2)

The potential landmarks associated with a particular person, event or historical period.

(3)

The potential landmarks of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman.

(4)

Such other criteria as may be adopted by the SHPC to assure systematic survey and nomination of all potential landmarks within the City of Sedalia.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-53. - Nomination of landmarks and historic districts.

(a)

(b)

(1)

Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country.

(2)

Its location as a site of a significant local, county, state or national event.

(3)

Its identification with a person or persons who significantly contributed to the development of the community, county, state or country.

(4)

Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials.

(5)

Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country.

(6)

Its embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant.

(7)

Its embodiment of design elements that make it structurally or architecturally innovative.

(8)

(9)

(10)

Its suitability for preservation or restoration.

(11)

A copy of the foregoing criteria for designation of landmarks and historic districts shall be made available to the public upon request at the office of the community development director.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-54. - Report and recommendation of SHPC.

(1)

Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation.

(2)

Explanation of the integrity or lack of integrity of the nominated landmark or historic district.

(3)

In the case of a nominated landmark found to meet the criteria for designation:

The significant exterior architectural features of the nominated landmark that should be protected.

The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, which should be reviewed for a certificate of appropriateness.

(4)

In the case of a nominated historic district found to meet the criteria for designation:

The types of significant exterior architectural features of the structures within the nominated historic district that should be protected.

The types of alterations and demolitions that should be reviewed for a certificate of appropriateness.

(5)

Proposed design guidelines, including minimum maintenance requirements, for applying the criteria for review of certificates of appropriateness to the nominated landmark or historic district.

(6)

The relationship of the nominated landmark or historic district to the ongoing effort of the SHPC to identify and nominate all potential areas and structures that meet the criteria for designation.

(7)

(8)

A map showing the location of the nominated landmark and the boundaries of the nominated historic district.

(9)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-55. - Notification of nomination.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-56. - Determination by the planning and zoning commission.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-57. - Notification of determination.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-58. - Action by city council.

(a)

(b)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-59. - Appeal.

A determination by the city council as to whether or not to designate a property as a landmark or historic district shall be a final administrative decision, as that term is defined in RSMo ch. 536.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-60. - The designation ordinance.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-61. - Amendment and rescission of designation.

Designation may be amended or rescinded upon petition to the SHPC and compliance with the same procedure and according to the same criteria set forth herein for designation.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-62. - Certificate of appropriateness—Scope.

(a)

This chapter shall establish a mandatory design review for all developments located within a historic district as depicted on the historic district map.

(b)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-63. - Design review.

(a)

(b)

(c)

(d)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-64. - Exemptions.

The following activities do not require a certificate of appropriateness or review by the SHPC:

(1)

Ordinary repair or maintenance (to include painting).

(2)

Emergency repairs.

(3)

Interior remodeling or interior decoration.

(4)

Exterior facade improvements on structures located outside of the historic district.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-65. - Certificate of appropriateness required.

The following activities require a certificate of appropriateness or review by the SHPC:

(1)

Exterior facade improvements on all structures located within the historic district.

(2)

All new construction to include primary and accessory structures within the locally designated historic districts on the historic district map.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-66. - Design review—Not binding on applicant.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-67. - Pre-application review as optional.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-68. - Design review—Application.

(a)

(b)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-69. - Same—Process.

(a)

Upon receipt of a completed application for review, the community development department shall notify the SHPC and forward the application to its members.

(b)

(c)

(d)

Upon receipt of an application for a permit for development subject to review under this chapter, the chief building official shall:

(1)

Inform the applicant of the review requirements;

(2)

Report receipt of the application to the SHPC;

(3)

Assist the SHPC in considering building, zoning, sign and fire code requirements which may apply to the proposed development; and

(4)

Shall not issue any such permit until a certificate of appropriateness has been obtained.

(e)

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-70. - Same—Standards and guidelines.

(a)

Design guidelines for review of applications for certificates of appropriateness shall, at a minimum, include the following architectural criteria:

(1)

Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.

(2)

(3)

Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(4)

Roof shape. The design of the roof should be compatible with the architectural style and character of the landmarks and surrounding structures in a historic district.

(5)

Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.

(6)

(7)

(8)

(9)

(10)

(11)

Guidelines available to the public. A copy of the foregoing design review guidelines shall be made available to the public upon request at the office of the community development director.

(b)

(1)

(2)

(3)

(4)

(5)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

(6)

(7)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

(8)

(9)

(10)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

(c)

In addition, the SHPC may also from time to time adopt by rule additional or modified standards and guidelines as authorized by the city council as provided in this chapter.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-71. - Certificate of appropriateness.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-72. - Effect of review on other approvals.

(a)

Issuance of a certificate of appropriateness by the SHPC does not constitute or imply approval of any other permit or approval which may be required for the development.

(b)

No provision of this chapter shall be interpreted as limiting the authority of the hearings body or decision-making body to impose conditions as authorized elsewhere in this Code.

(c)

(d)

Neither the SHPC nor its members are delegated any executive or legislative power, authority or responsibility.

(Ord. No. 10350, § 2, 8-3-2015)

Sec. 64-73. - Historic preservation commission review of demolition permits.

A 30-day review period begins when the application requesting demolition has been deemed to be complete by the community development director or their designee.

The following definitions apply to this section:

Demolition means removal of more than 25 percent of the exterior wall or walls facing a public street or removal of 50 percent of all exterior.

Historic resource means any structure that:

(1)

Is 50 years old or older; or

(2)

Is located in an historic resources survey area; or

(3)

Is within an actual or proposed National Register of Historic Places district; or

(4)

Has been recognized or nominated by the historic preservation commission as a "historic or cultural resource."

Exceptions: The following shall not be subject to the provisions of this subsection:

(1)

A building or structure that has been determined to be a public nuisance and dangerous to the health, safety, or general welfare under the Property Maintenance Code of Sedalia, Missouri.

(2)

A building or structure that the city, before December 1, 2016, has authorized to be demolished.

(3)

An accessory building or structure that is not contemporary with an historic resource.

Certificate of demolition; procedure.

(1)

(2)

(3)

(4)

(5)

(1)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be preserved when possible.

(2)

Every reasonable effort shall be made to protect and preserve cultural resources affected by or adjacent to any project.

(3)

The impact demolition will have on adjacent structures and the overall integrity of the historic district.

(4)

The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures.

(Ord. No. 10562, § 1, 2-21-2017)

Sec. 64-74. - Purpose.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-75. - Establishment.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-76. - Permitted uses.

(a)

Tiny homes.

(b)

(c)

Tiny homes shall not be used for nightly or weekly rentals.

(Ord. No. 12135, § 1, 9-23-2024)

Sec. 64-77. - Permit required.

(a)

(b)

(c)

(Ord. No. 12135, § 1, 9-23-2024)