Warrensburg City Zoning Code
ARTICLE III
General Zoning Provisions
§ 980-7 Use regulations.
The zone regulations set by this chapter, within each district, shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as herein provided.
A.
Uses permitted by zoning regulations. Except as provided for in Subsection B, Exceptions, of this section, no building, structure or parcel of land shall be used for any purpose other than those permitted in the specific zone in which a building, structure or parcel of land is located.
B.
Exceptions. The following are the instances where regulations within each district are superseded:
(1)
Unusual uses or temporary uses either as permitted as special uses, listed in the chapter for each specific zone district or as granted under the other provisions related to special use permits or temporary use permits, but only as provided for in § 980-12 of this chapter.
(2)
Modifications to the general zone regulations may be granted for large areas when replaced by site plans in the form of a planned development, but only in accordance with the provisions as set forth in Article XX of this chapter.
(3)
Legally nonconforming uses are exempt from the strict interpretation of the general use regulations, but only as long as the nonconformity is not enlarged or expanded, and is operated in accordance with the provisions of Article XIX of this chapter.
(4)
The type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility, as defined in An Act Concerning Public Utilities, enacted by the General Assembly of the state, is exempt from local zoning regulations.
§ 980-8 Lot regulations.
A.
Lot area regulations.
(1)
General lot area regulations.
(a)
Except as provided herein, any principal use, together with all accessory uses, shall be located on a lot having a minimum area as designated in this chapter for the zone in which the lot is located.
[1]
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the lot area regulations of the district in which the building or structure is located.
[2]
No building, parking area or structure shall be erected, converted, enlarged, reconstructed or structurally altered without first obtaining a permit for such construction.
[3]
No building shall be placed on any lot which does not front a dedicated public roadway.
(b)
Except as provided in the planned unit development regulations, not more than one principal single-family building shall be permitted on a lot. The minimum lot area for townhouse dwellings and apartment dwellings, and attached dwellings in the VR-5 Zone, shall comply with § 980-50A of this chapter.
[Amended 6-7-2021 by Ord. No. 764]
(2)
Exceptions. The following are instances where exceptions shall be permitted from lot area regulations:
(a)
Relief may be granted to the minimum lot area regulations in the form of a variance, but only as provided for under the conditions as set forth in Article XXI of this chapter.
(b)
Modifications may be permitted in lot area regulations in a planned unit development, but only in a manner that maintains the minimum density requirements of the zone and only as provided for in Article XX of this chapter.
(c)
On legally nonconforming lots as provided for in Article XIX of this chapter.
B.
Lot width requirements.
(1)
Lot width. Except as provided herein, each lot shall have a width at the building setback line at least as wide as that shown in this chapter for the zone in which the lot is located.
(2)
Exceptions. Exceptions to the lot width regulations are the same as the exceptions for the lot area requirements contained in Subsection A herein, these being variances, modifications as part of planned developments and legally nonconforming lots.
§ 980-9 Yard and setback requirements.
Except as provided herein, the yard and setback regulations of this chapter shall be considered the minimum regulations for each and every building established after the effective date of this chapter. All yards and other required open spaces allocated to a building by the standards set up in the articles for the zones in which the yards are located shall be located on the same lot as such buildings. The maintenance of yards, new lot areas and other open spaces legally required for a building shall be a continuing obligation of the owner of such building or users, as long as the structure or use is in evidence. In this respect, no legally required yard, other open space or minimum lot area allocated to any building shall by virtue of change of ownership, or other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building. No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold, unless all improved lots resulting from each transfer, division or sale shall conform with all the applicable development regulations of the zone in which the property is located.
A.
Permitted obstruction in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1)
Any yard:
(a)
Marquees and awnings adjoining the principal building, overhanging roof eaves, chimneys or unenclosed patios stoops, if they do not encroach upon the required yard space by more than three feet.
(b)
Ornamental light standards, domestic television and radio antennas, flagpoles, arbors, trellises, trees and shrubs; except that on corner lots, no obstructions higher than 30 inches above the street grade shall be located in a triangle formed by the connecting of points 25 feet from the intersection of the street pavement.
(2)
Side yards: open accessory off-street parking spaces, except in a side yard abutting a street.
(3)
Rear yards: enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms and any farm accessory building, or any similar accessory structures; and balconies, breezeways and open (not permanently glassed-in) porches.
(4)
Commercial zones:
(a)
Filling station pumps and islands and light fixtures located on a lot used as a filling station may be located within a required yard, provided they are not less than 15 feet from any street line. No merchandise offered for sale or rent, banners or advertisement devices other than authorized signs shall be placed in the front yard setback.
(b)
Permitted freestanding signs as defined and provided for in the chapter on signs of the Village[1] when relating to the business carried on in the establishment occupying a lot may be located in the front yard or yards.
[1]
Editor's Note: See Ch. 956, Art. I, of the Village Code.
(c)
Nonadvertising light standards may be located within a required front yard, provided such standards are located not less than five feet from any street, provided such lights are shielded so that illumination does not reflect onto residential property.
(d)
Off-street parking facilities may be located within the required front yard of any B or M Zone, provided that at least a five-foot setback is maintained between the street travel area and the parking area (excluding driveway), and also provided that such parking areas are maintained with an all-weather dust-free surface as provided for in the parking requirements in § 980-86 of this chapter.
B.
Additional yard requirements. Additional street setbacks or yards may be required in the following instances:
(1)
The Board may, upon recommendation of the Commission, establish special setbacks in excess of those setbacks required by the zone district. Such setbacks shall be established when it is deemed necessary to protect any existing or proposed street, traffic way, freeway, highway, drives or parkways, or storm and flood runoff channels. Such setbacks shall only be valid, however, after giving the required legal notice and holding of a public hearing as required by this chapter for all zoning changes. Further, all setbacks shall be uniformly applied to at least one block face and shall, after being adopted, be clearly shown on the setback map in the Village Hall.
(2)
The minimum setback on all major streets shall be 50 feet and on all collector streets shall be 35 feet. These regulations shall supersede the individual zone requirements. The Village shall maintain street classification maps in the Village Hall.
(3)
A corner lot shall be considered to have two front yards for purposes of establishing the building setback line or minimum front yard line.
C.
Exceptions. The following are instances where exceptions to the yard and setback regulations for each district may be permitted:
(1)
Relief may be granted in the form of a variance, but only as provided for under the conditions as set forth in Article XIX of this chapter.
(2)
Modifications may be permitted in yard and setback requirements in a planned unit development as provided in Article XX of this chapter.
(3)
Legally nonconforming uses in accordance with the regulations contained in Article XIX of this chapter.
D.
Accessory uses to residential uses. Lawn storage sheds, shelters for pets and other similar accessory structures may be constructed in any side or rear yard, provided that such structures are kept at least three feet from any lot line, and further provided that such structures are kept at least 10 feet from the principal structure. Detached garages may be constructed in any side or rear yard, provided that such is separated from the principal structure by at least 10 feet, and provided that such structure is at least five feet or 10% of the lot frontage, whichever is greater, from the side or rear lot line. However, where such setback for a garage exceeds the yard requirements for the particular zone, then the yard requirements for the zone shall be used in place of 10% of the lot frontage for establishing the minimum setback distance. Also, on corner lots where the principal structure is allowed, by variance, to be closer to the side lot line than required by regulations of the particular zone, the setback in a side yard abutting the street for a detached garage shall be the same as allowed for the principal structure.
 |
§ 980-10 Building bulk limitations.
Except as herein provided, all buildings and other structures constructed in the Village after the effective date of this chapter shall conform with the regulations for each specific zone district in terms of maximum height, maximum coverage and maximum floor area ratio.
A.
General building bulk limitations.
(1)
Maximum height. The maximum height, as set forth under each zoning district, shall be the greatest building height allowed for either the principal or accessory buildings, except that all accessory buildings in residential zones shall be limited to one story, 20 feet in height maximum.
(2)
Floor area ratio. The floor area ratio, set forth under each zoning district, shall be the maximum allowable for the building or buildings (principal and accessory) on a lot or site.
(3)
Maximum coverage. The maximum coverage, as set forth under each zoning district, shall be the maximum building coverage allowable for the building or buildings (principal and accessory) on a lot or site.
B.
Exceptions to building bulk regulations. The following are instances where exceptions to the building bulk regulations designated in the specific chapters for each zone district may be permitted:
(1)
The height regulation shall not apply for all radio towers, television towers, antennas, church spires, belfries, monuments, tanks, water and fire towers, stage towers, smoke stacks, chimneys and flagpoles, provided that the maximum height does not exceed 100 feet.
(2)
Public, semi-public buildings, public utilities, public service buildings, civic buildings, hospitals, schools, churches, temples, grain elevators, scenery lofts, elevator bulkheads and silos, where permitted, may be erected to a height not to exceed 100 feet, provided that the side and rear yards are increased by one foot for each foot of additional building height above the height regulations for the zone in which the building is located, and also provided that the main shadow area shall be 2 1/2 times the height of the buildings. (See § 980-6 for definition of "shadow area.")
(3)
Relief from the building bulk regulations may be granted in the form of a variance, but only when approved in accordance with the provisions as set forth in Article XXI of this chapter.
(4)
Modifications may be permitted in the building bulk regulations in a planned unit development as provided in Article XX of this chapter.
(5)
Legally nonconforming uses as provided for in Article XIX of this chapter are exempt.
§ 980-11 Home occupations.
A.
A home occupation may be permitted as a use incidental to a residential use in any residential dwelling when:
(1)
Carried on by a member of the immediate family, residing on the premises;
(2)
In connection with which there is no sign display or other evidence which would indicate from the exterior that the building is being used for any purpose other than a single-family dwelling, other than a nameplate not to exceed two square feet affixed to the building showing the name of the occupant and the services provided;
(3)
There is no commodity sold upon the premises;
(4)
No person is employed other than a member of the immediate family residing on the premises;
(5)
No mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes;
(6)
No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if conducted in a detached dwelling, or outside the dwelling unit, if conducted in other than a detached dwelling; and
(7)
Not more than 25% of the floor area of the dwelling unit is utilized for the home occupation.
B.
Permitted home occupations may include the following uses:
(1)
Art studios;
(2)
Dressmakers;
(3)
Emergency offices for doctors and physicians, but not offices for general practice;
(4)
Tutoring and teaching, including musical instruments, but limited to one student at a time, and for only 10 hours per day from 10:00 a.m. until 8:00 p.m.; and
(5)
One-chair barber or beauty shops.
§ 980-12 Special uses.
The development and execution of this chapter are based upon the premise of the division of land into zones; so that, within any one zone, the uses of land, the bulk and location of buildings or structures, as related to the land, are essential, uniform and compatible. This, then, is the basis for ensuring normal growth. It must be recognized, however, that there are special situations, because of the unique characteristics of some uses, that cannot properly be classified in any one zone as an allowable use, but can only be established under regulations. The granting of any special use permit may have to be conditioned upon the developers' meeting special requirements which the Village and Zoning Boards find necessary to the maintenance or the compatibility and the orderly growth of the area in which the special uses are proposed. There are essentially four types of special use permits provided for in this section:
A.
Special uses enumerated by zones. Contained within the articles for the specific zone districts are lists of special uses which are normally associated with various zones. The Board may grant a special permit for any special use listed for each zone. The granting of all special uses must, however, follow the procedural regulations as provided in § 980-109 of this chapter.
B.
Additional special uses. A second type of special use, where a new or unusual use not covered within the article for each specific zone may be granted after holding a hearing as prescribed in § 980-109C of this chapter, provided that:
(1)
Because of the characteristics of the use, it is desirable that the use be located in this zone.
(2)
The use can be operated or developed in such a manner that it will not adversely affect surrounding land uses.
(3)
The character is unique to the extent that it cannot be classified as a permitted use in any zone.
(4)
Such special uses shall only be permitted after the Commission submits to the Board in writing a report explaining why the proposed use meets the above criteria and recommends under what conditions the special use shall be permitted.
C.
Special parking lot permit. Where an established use or group of uses is enlarged or experiences an increased demand for parking which exceeds that which could be provided on the same lot or lots on which such establishments are located, then the Village may permit, after a hearing, a special parking permit, which the Board believes will not adversely affect surrounding land uses, but only as provided for herein:
(1)
The Village has received a request for such an off-street parking permit and contained with the request is a map or plat with information shown on that map or plat explaining how the following requirements will be met.
(2)
In all residential areas, the minimum front yard setback as prescribed by that zone shall be maintained as stipulated on the special use permit, and no parking shall be allowed in this yard area.
(3)
All other applicable parking requirements, as established in Article XVIII, shall be adhered to.
(4)
That if such lot abuts residential property, all side yards or rear yards abutting such off-street parking facilities shall be:
(a)
Effectively screened from view by a uniformly finished fence or wall not less than four feet nor more than six feet in height;
(b)
Maintained in good condition [chain link (Note: Chain-linked fence with 100% slatting is permitted.), any form of barbed wire, or other metal, wire or mesh fences shall not be allowed];
(c)
As an alternative, a screening hedge or other natural landscaping not less than four feet or more than six feet in height; and
(d)
The space between such fence or hedge and adjoining lot line shall be landscaped or maintained in grass, rock or concrete, evergreen ground cover or a low-spreading shrub.
[Amended 6-7-2021 by Ord. No. 764]
(5)
All facilities used for off-street parking shall be constructed with a dust-free, all-weather surface, and shall be graded, tiled, drained so as to dispose of all surface water without causing a nuisance to surrounding owners.
(6)
In all residential areas, the minimum front yard setback as prescribed by that zone shall be maintained as stipulated on the special use permit, and no parking shall be allowed in this yard area.
(7)
Any lighting shall be arranged so that the source is not visible from and no glare is reflected onto any adjoining premises or residentially zoned areas. No advertising signs or devices other than identification signs will be permitted in an off-street parking lot.
D.
Temporary uses.
(1)
A temporary use permit may be granted for a specific length of time for restricted uses such as landfills; gravel operations; forestry activities; special events such as centennials, fairs, carnivals and revival meetings, provided that the Board finds:
(a)
The use will not have a detrimental effect on surrounding land use.
(b)
That a plat is submitted with the permit showing the placement of temporary structures, parking utilities and necessary sanitary facilities (as required by the Health Department), and provided that no construction is done other than that associated with the temporary use.
(c)
That if the natural landscape, vegetation, terrain, soil cover or drainage is disrupted, plans will be submitted to the Commission and the developer will be responsible for improvements necessary to restore the property to its original condition.
(2)
The Board reserves the right to repeal any special permit where it finds the use being conducted in such a manner that it violates the general requirements of this chapter, or the special requirements provided for in the issuance of the permit.