Warrensburg City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 27-101.- Zoning districts.

(a)

Residential districts. The following residential districts are hereby established:

R-1	Single-family residence district.
R-2	Two-family residence district.
R-3	Low-density multifamily residence district.
R-4	Medium-density multifamily residence district.
R-MH	Mobile home district.

(b)

Commercial districts. The following commercial districts are hereby established:

NB	Neighborhood business district.
BO	Business/office district.
CB	Central business district.
GB	General business district.
AE	Adult entertainment district.

(c)

Industrial districts. The following industrial districts are hereby established:

LI	Light industrial district.
HI	Heavy industrial district.

(d)

The following overlay districts are created:

PUD	Planned unit development, section 27-150.
FH	Flood hazard area, section 27-175.
H	Historic district, section 27-176.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 2858, § 1, 7-12-93)

Sec. 27-105. - R-1 single-family residence district regulations.

(a)

Scope of provisions. This section contains the district regulations of the R-1 single-family residence district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The R-1 single-family residence district is designed to allow low density residential development in an urban setting where all municipal or public services are provided. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order, or general welfare of persons residing in the district. Regulations are intended to control the density of population, limit traffic generation, and to provide adequate open space around buildings in the district to accomplish these purposes.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development, when such accessory building, structure or use is customarily found in conjunction with the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Off-street parking and driveways.

(4)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of structures in the R-1 district shall be as set out below:

(1)

The total height of buildings shall not exceed two and one-half (2½) stories in height above the average finished ground elevation at the perimeter of such structure.

(2)

The total height of other structures, including equipment attached to buildings or structures, shall not exceed thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure.

(3)

Accessory structures or buildings shall not exceed the height of the principal building.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height when authorized by conditional use permit.

(g)

Lot area and lot dimension requirements. The minimum lot area and yard requirements for land uses and development in the R-1 residence district shall be as set out below. In a mixed lot size subdivision created per the plat and subdivision procedures of chapter 21 of the Code of City Ordinance, one (1) reduced size lot is allowed per every three (3) standard size residential use lots.

(1)

Minimum lot area requirements:

Standard size lot: One (1) dwelling—Seven thousand (7,000) square feet.

Reduced size lot: One (1) dwelling—Five thousand five hundred (5,500) square feet.

Nonresidential uses—Nine thousand (9,000) square feet.

(2)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the are at the street right-of-way line.

(3)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

Setbacks from streets may be reduced in the following instance: Where lots comprising fifty (50) percent or more of the frontage of a block on the same side of the street are developed with buildings the majority of the existing setbacks from streets shall be the established minimum setback from streets for the entire frontage within that block. If there is not a majority of existing buildings in a block with the same setback from the street, then the average building setback will be used as the minimum setback for that block. In no case shall the setback be less than twenty (20) feet.

For a double frontage lot whose rear property line abuts an arterial or collector street, the rear setback shall be reduced to twenty (20) feet for construction of a deck as defined by section 27-6 or a detached accessory structure.

(2)

Setback from lot boundary lines:

Setback from side lot boundary lines:

Standard size lots: No structure is allowed within seven and one-half (7½) feet of a side lot boundary line.

Reduced size lots: No structure is allowed within five (5) feet of a side lot boundary line.

No structure is allowed within twenty (20) feet of a rear lot boundary line, except a detached accessory building may be erected no closer than ten (10) feet of a rear lot line, but must be located at least twenty (20) feet behind the front building line.

A deck is allowed within ten (10) feet of a rear lot line.

A patio is allowed within two (2) feet of a rear or side lot line.

(i)

Minimum building area. Every dwelling unit in the R-1 district shall have a minimum building area of eight hundred (800) square feet, exclusive of basements, open or screened porches, and garages.

(j)

Off-street parking and loading requirements. Requirements for off-street parking and loading and setbacks or parking areas, loading spaces, and internal drives are set forth in section 27-400, Off-street parking and loading requirements.

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, §§ 1, 2, 7-22-96; Ord. No. 3349, § 2, 8-10-98; Ord. No. 4063, § 1, 10-10-05; Ord. No. 5208, § 2, 3-14-16; Ord. No. 5566, §§ 1, 2, 1-27-20; Ord. No. 5759, § 4, 10-24-22)

Sec. 27-106. - R-2 one- and two-family residence district regulations.

(a)

Scope of provisions. This section contains the district regulations of the R-2 one- and two-family residence district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The R-2 district is designed to allow low density, one- and two-family residential development. The R-2 district may be utilized for in-fill development areas.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under a conditional use permit.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(4)

Off-street parking and driveways.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of structures in the R-2 district shall be as set out below:

(1)

The total height of buildings shall not exceed two and one-half (2½) stories above the average finished ground elevation at the perimeter of such building.

(2)

(3)

Accessory structures shall not exceed the height of the principal structure.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height when authorized by a conditional use permit.

(g)

Lot area and lot dimension requirements. The minimum lot area and yard requirements for land uses and development in the R-2 district shall be as set out below. In a mixed lot size subdivision created per the plat and subdivision procedures of Chapter 21 of the Code of City Ordinance, one (1) reduced size lot is allowed per every three (3) standard size residential use lots.

(1)

Minimum lot area requirements per dwelling unit:

One (1) dwelling unit:

Standard size lot: One (1) dwelling—Seven thousand (7,000) square feet.

Reduced size lot: One (1) dwelling—Five thousand five hundred (5,500) square feet.

Two (2) dwelling units—Four thousand two hundred fifty (4,250) square feet.

(2)

Minimum lot area requirements for nonresidential uses—Nine thousand (9,000) square feet.

(3)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the arc at the street right-of-way line.

(4)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from side lot boundary lines:

Standard size lots: No structure is allowed within seven and one-half (7½) feet of a side lot boundary line.

Reduced size lots: No Structure is allowed within five (5) feet of a side lot boundary line.

A deck is allowed within ten (10) feet of a rear lot line.

A patio is allowed within two (2) feet of a rear or side lot line.

(i)

Minimum building area. Every dwelling unit in the R-2 district shall have a minimum building area of seven hundred (700) square feet, exclusive of basements, open or screened porches, and garages.

(j)

Off-street parking and loading requirements. Requirements for off-street parking and loading and setbacks for parking areas, loading spaces, and internal drives are set forth in section 27-400, Off-street parking and loading requirements.

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, §§ 1, 2, 7-22-96; Ord. No. 3349, § 2, 8-10-98; Ord. No. 4063, § 2, 10-10-05; Ord. No. 5208, § 3, 3-14-16; Ord. No. 5566, §§ 3, 4, 1-27-20; Ord. No. 5759, § 5, 10-24-22)

Sec. 27-107. - R-3 low-density multifamily residence district regulations.

(a)

Scope of provisions. This section contains the district regulations of the R-3 low-density multifamily residence district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The R-3 district is designed to allow low-rise, low density residential development with the commingling of compatible single-family and multiple-family dwellings, home occupations, certain community facilities and special uses, yet retaining the basic residential qualities of a quiet living environment and limited vehicular traffic.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(4)

Off-street parking and driveways.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed two and one-half (2½) stories in height above the average finished ground elevation at the perimeter of such building.

(2)

(3)

The height of accessory structures shall not exceed the height of the principal building or structure.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height when authorized by conditional use permit.

(g)

Lot area and lot dimension requirements. The minimum lot area, lot dimension, and density requirements for land uses and developments in the R-3 residence district shall be as set out below. In a mixed lot size subdivision created per the plat and subdivision procedures of Chapter 21 of the Code of City Ordinance, one (1) reduced size lot is allowed per every three (3) standard size residential use lots.

(1)

Minimum lot area requirements per dwelling unit:

For efficiency apartments, twelve hundred (1,200) square feet per unit.

For dwelling units of five hundred (500) or greater square feet, exclusive of basements, open or screened porches, and garages:

Dwelling Units	Minimum Lot Area (in square feet)
Standard size lot: One (1) dwelling	7,000 per unit
Reduced size lot: One (1) dwelling	5,500 per unit
Two	4,250 per unit
Three or more	3,500 per unit

(2)

Minimum lot area requirements for nonresidential uses—Nine thousand (9,000) square feet.

(3)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the arc at the street right-of-way line.

(4)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from side lot boundary lines:

Standard size lots: No structure is allowed within seven and one-half (7½) feet of a side lot boundary line.

Reduced size lots: No Structure is allowed within five (5) feet of a side lot boundary line.

No structure is allowed within twenty (20) feet of a rear lot boundary line, except a detached accessory building may be erected no closer than ten (10) feet of a rear lot line, but must be at least twenty (20) feet behind the front building line.

Light standards for private street lighting, or at points of ingress and egress, but not including parking lot lighting, are allowed no closer than two (2) feet of any street right-of-way.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than ten (10) feet of any side or rear lot boundary line which adjoins property in any residence district, and shall be shaded so that no direct light is cast upon the adjoining property.

A deck is allowed within ten (10) feet of a rear lot line.

A patio is allowed within two (2) feet of a rear or side lot line.

(i)

Minimum building area for each dwelling unit. Every dwelling unit in the R-3 district shall have a minimum building area of five hundred (500) square feet, exclusive of basements, open or screened porches, and garages; except:

(1)

That a building containing only one (1) dwelling unit or two (2) dwelling units shall provide a minimum building area of six hundred fifty (650) square feet for each dwelling unit.

(2)

Efficiency apartments as defined in section 27-6 shall provide a building area from three hundred (300) to five hundred (500) square feet per dwelling unit.

(j)

Off-street parking and loading requirements. Requirements for off-street parking and loading, and setbacks for parking areas, loading spaces and internal driveways are set forth in section 27-400, Off-street parking and loading requirements.

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, §§ 1, 2, 7-22-96; Ord. No. 3349, § 2, 8-10-98; Ord. No. 4063, § 3, 10-10-05; Ord. No. 5106, §§ 1, 2, 4-27-15; Ord. No. 5208, § 4, 3-14-16; Ord. No. 5566, §§ 5, 6, 1-27-20; Ord. No. 5759, § 6, 10-24-22)

Sec. 27-108. - R-4 medium density multifamily residence district regulations.

(a)

Scope of provisions. This section contains the district regulations of the R-4 medium density multifamily residence district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The R-4 district is designed to allow medium density residential development with the commingling of compatible single-family and multiple-family dwellings, home occupations, certain community facilities and special uses, yet retaining the basic residential qualities of a quiet living environment and limited vehicular traffic.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(4)

Off-street parking, and driveways as required by section 27-400.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed four (4) stories above the average finished ground elevation at the perimeter of such building, except in accordance with paragraph (f)(4) below.

(2)

The total height of other structures or equipment attached to structures shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure.

(3)

The height of accessory structures shall not exceed the height of the principal building or structure.

(4)

Buildings exceeding four stories in height may be erected, when constructed in accordance with the Warrensburg Fire Code, and authorized by conditional use permit.

(5)

A public utility tower or other structure determined to be an "essential service" as defined by section 27-4, may be erected to any height when authorized by conditional use permit.

(g)

Lot area and lot dimension requirements. The minimum lot area, lot dimension, and density requirements for land uses and developments in the R-4 Residence District shall be as set out below. In a mixed lot size subdivision created per the plat and subdivision procedures of chapter 21 of the Code of City Ordinance, one reduced size lot is allowed per every three standard size residential use lots.

(1)

Minimum lot area requirements for residential uses:

For efficiency apartments, twelve hundred (1,200) square feet per unit.

For dwelling units of five hundred (500) or greater square feet, exclusive of basements, open or screened porches, and garages:

Dwelling Units	Minimum Lot Area (in square feet)
Standard size lot: One (1) dwelling	7,000
Reduced size lot: One (1) dwelling	5,500
Two	8.500
Three	10,000
Four	11,500
Five	13,0000
Six or more	14,000 plus 1,000 square feet of lot area for each additional unit over six.

(2)

Minimum lot area requirements for nonresidential uses—Nine thousand (9,000) square feet.

(3)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the arc at the street right-of-way line.

(4)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from lot boundary lines for lots with one (1) dwelling unit:

Standard size lots with one (1) dwelling unit: No structure is allowed within seven and one-half (7½) feet of a side or rear lot boundary line.

Reduced size lots with one (1) dwelling unit: No structure is allowed within five (5) feet of a side or rear lot boundary line.

Setback from lot boundary lines for lots with two (2) or more dwelling units:

Structures two (2) stories in height or less shall be located no closer than seven and one-half (7½) feet from the nearest side or rear boundary line of the plot of land on which any such structure is situated.

Apartment houses and townhouse dwellings two (2) stories in height or less shall be located no closer than ten (10) feet from the nearest side or rear boundary line of the plot of land on which any such structure is situated.

Structures of not more than three (3) stories shall be located no closer than twelve and one-half (12½) feet from the nearest side or rear boundary line of the plot of land on which any such structure is situated.

Structures more than three (3) stories in height shall be located no closer than fifteen (15) feet from the nearest side or rear boundary line of the plot of land on which any such structure is situated.

Whenever two (2) or more residence structures are erected on one (1) plot of land under single ownership, the distance between such main buildings shall be two (2) times the side setback distances required respectively in subsections (h)(2)b.1.—4. respectively.

Buildings used for nonresidential purposes shall be located no closer than forty (40) feet from the nearest residence structure not used for similar purposes, or twelve and one-half (12½) feet from the boundary line of the plot of land where situated, whichever requirement produces the greatest setback distance.

A patio is allowed within two (2) feet of a rear or side lot line.

(3)

Exceptions to setback requirements:

A detached accessory building may be erected no closer than ten (10) feet of a rear lot line, but must be located at least twenty (20) feet behind the front building line.

Light standards for private lighting of streets or at points of ingress and egress, but not including parking lot lighting, are allowed no closer than two (2) feet of any street right-of-way.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

(i)

Minimum building area for each dwelling unit. Every dwelling unit in the R-4 District shall have a minimum building area of five hundred (500) square feet, exclusive of basements, open or screened porches, and garages; except:

(1)

That a building containing only one (1) dwelling unit or two (2) dwelling units shall provide a minimum building area of six hundred fifty (650) square feet for each dwelling unit.

(2)

Efficiency apartments as defined in section 27-6 shall provide a building area from three hundred (300) to five hundred (500) square feet per dwelling unit.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, §§ 1, 2, 7-22-96; Ord. No. 3349, § 2, 8-10-98; Ord. No. 3601, §§ 2, 4, 2-12-01; Ord. No. 4063, § 4, 10-10-05; Ord. No. 5208, § 5, 3-14-16; Ord. No. 5566, §§ 7, 8, 1-27-20; Ord. No. 5759, § 7, 10-24-22)

Sec. 27-112. - R-MH manufactured home residence district regulations and design standards.

(a)

Statement of intent. The R-MH manufactured home residence district is designed to allow Class A and Class B manufactured homes within exclusive manufactured home developments.

(b)

Development plan required. A site plan is required for manufactured home developments. Section 27-350 presents submission requirements for site plans.

(c)

Permitted land uses and developments. Land uses and developments permitted within the R-MH district are denoted on the table of permissible uses, section 27-200.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators, and similar devices.

(3)

Recreation facilities for residents.

(4)

Laundry and other service facilities.

(5)

Management office.

(6)

Off-street parking and driveways.

(7)

Satellite antennas, when located in side the setback lines of a side yard or rear yard.

(8)

Home-based businesses meeting the requirement of section 27-203.

(9)

Signs, as permitted by section 27-500.

(f)

Class C mobile homes prohibited.

(1)

Class C mobile homes are not permitted in manufactured home developments.

(2)

A Class C mobile home located in a mobile home park in existence on the effective date of this chapter may remain under the conditions outlined in section 27-28, Nonconforming uses.

(g)

Height limitations. The maximum height of structures in the R-MH residence district shall be as set out below:

(1)

The total height of buildings shall not exceed two (2) stories above the average finished ground elevation at the perimeter of such structure.

(2)

(3)

Accessory structures or buildings shall not exceed the height of the principal building.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6 may be erected to any height when authorized by conditional use permit.

(h)

Minimum development size. The minimum size of the site on which a manufactured home development may occur shall be three (3) acres.

(i)

Lot size.

(1)

The size of lots within manufactured home developments shall be determined by the size of the manufactured home units, and the "occupied lot area ratios."

(2)

Occupied lot area ratios shall be determined as follows: A manufactured home shall not occupy an area in excess of one-third of its respective lot area. The total occupied area of a manufactured home and its accessory buildings on a manufactured home lot shall not exceed two-thirds of the lot area.

(j)

Installation/foundation. All manufactured homes shall be installed on a properly engineered foundation system that meets or exceeds the requirements of the State of Missouri and applicable code for the City of Warrensburg.

(k)

Patios. Each manufactured home space shall be provided with a patio, minimum size to be ten (10) feet by fifteen (15) feet, constructed of reinforced portland cement concrete at least four (4) inches thick, or brick of equivalent depth, or construction masonry block of equivalent depth.

(l)

Manufactured home setback and separation.

(1)

Setback from private roadways:

No structure shall be closer than five (5) feet to a private roadway.

Patios shall be located no closer than five (5) feet from a private roadway.

(2)

Setback from side and rear lot lines; unit separation:

A manufactured home unit shall be located no closer than twenty (20) feet from any other manufactured home.

An accessory building shall be located no closer than ten (10) feet from a manufactured home unit.

An accessory building shall be located no closer than ten (10) feet from any other accessory building.

Zero lot line siting. One (1) side yard may be "0" if the remaining side yard is a minimum of twenty (20) feet. A patio shall be located no closer than ten (10) feet from any other patio.

Developments not utilizing zero lot line siting shall provide a minimum setback from side lot lines of fifteen (15) feet. Patios shall be located no closer than five (5) feet from rear or side lot lines.

(m)

Perimeter requirements.

(1)

Manufactured home lots and structures shall be located no closer than fifty (50) feet from any abutting public street right-of-way line.

(2)

Setback from abutting property. Manufactured home lots and structures shall be set back at least thirty (30) feet from any other abutting property line.

(3)

A ten-foot landscape easement shall be provided around the perimeter of the development, which shall provide for continuous screening. A landscape plan is required. It shall be the responsibility of the property owner to install and maintain the required landscape easement as a condition of use.

(n)

Common open space and facilities. Not less than ten (10) percent of the total area of a manufactured home development, exclusive of buffer yards and road right-of-way, shall be devoted to accessible open space and recreation areas. At least fifty (50) percent of the recreational open space land shall be usable.

(o)

Landscaping.

(1)

Exposed ground surfaces in all parts of a manufactured home development shall be paved, covered with stone screening, or other solid material, or protected with a vegetative growth capable of preventing soil erosion and objectionable dust. All areas not used for access, parking, circulation, buildings or service shall be completely and permanently landscaped, and the entire site maintained in good condition. Planting of trees and shrubs is required to the extent needed to provide for:

Screening of objectionable views,

Adequate shade,

A suitable setting for the manufactured homes in the development as well as neighboring uses.

(2)

Landscaping shall relate harmoniously to the topography of the site and, where feasible, make suitable provisions for preservation of water courses, wooded areas, rough terrain, and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to the best advantage.

(p)

Lighting. A manufactured home development shall be provided with general outdoor lighting of entrances, exits, roadways, streets, and general storage areas.

(q)

Streets and sidewalks.

(1)

A manufactured home development shall have an entrance drive from a public street. The width and design of the entrance drive and all internal roadways shall be adequate to accommodate fire protection vehicles and equipment.

(2)

Each manufactured home space shall be directly accessible from an internal private road, with no direct access to public streets.

(3)

Sidewalks, two (2) feet wide for individual manufactured home spaces, and three (3) feet wide for common areas, shall be provided for safe and convenient pedestrian access. They shall be smooth-surfaced with concrete and shall be free from mud, dust, and standing water at all times. Sidewalks serving manufactured home lots need only be provided on one (1) side of the street; sidewalks connecting manufactured home lots to common areas need not follow the street.

(r)

Parking of vehicles.

(1)

No parking shall be allowed on private roadways or public streets. No person shall park any vehicle on the surface of any roadway or any public street within a manufactured home development.

(2)

Off-street parking shall be provided in the amounts indicated in section 27-406, Table of parking requirements.

(3)

Parking spaces for residents shall [be] located on the lot, be adjacent to, or conveniently near, each manufactured home lot. Guest parking spaces shall be evenly distributed throughout the development.

(s)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(t)

Construction standards. Standards for construction of driveways, private roadways, and utility facilities are on file in the department of public works.

(u)

Drainage. Places for the collection and disposal of surface and subsurface water shall be provided to protect the manufactured homes, buildings or structures, roadways, off-street parking areas, and to provide safe and convenient use of the entire manufactured home development.

(v)

Water supply. Every manufactured home development and every manufactured home space therein shall be connected to and served by the water supply and distribution system owned or franchised by the City of Warrensburg.

(w)

Sanitary sewer system. Every manufactured home development shall be connected to the municipal sanitary sewer system.

(x)

Certain utility facilities and equipment to be underground. Every tank, barrel or other container for storage and supply of fuel oil or liquefied petroleum gas shall be completely buried underground and covered by earth supporting a permanent stand of grass.

(y)

Individual utility connections. Individual utility connections shall be provided for each manufactured home space and shall be constructed so that they will not be damaged by the placement or removal of a manufactured home. Connections shall be so constructed that they can be closed when not linked to a manufactured home. Utility connections and fittings shall be in accordance with specifications on file in the department of public works.

(z)

Refuse disposal facilities. Containers in sufficient number and capacity to properly store all refuse shall be provided by the developer at various points and various places throughout the manufactured home development. Such containers shall be flytight, watertight, and rodent-proof. At least one (1) such refuse container of adequate capacity shall be located within one hundred fifty (150) feet of each manufactured home space. The type of and locations of refuse containers shall be specified in the site plan.

(aa)

Fire hydrants. Standard fire hydrants shall be provided throughout the manufactured home development in compliance with the Fire Underwriters Code.

(bb)

Building permits; amended site plan.

(1)

Additions to individual manufactured homes or construction of individual accessory buildings not shown on the approved site plan shall require a building permit.

(2)

Construction or reconstruction involving more than one (1) manufactured home space shall require submission of an amended site plan.

(cc)

Rules for occupancy and operation of manufactured home developments.

(1)

Business license. No business license shall be required for any manufactured home development. Recreational facilities, service buildings and other permitted uses for which a separate charge is made shall be licensed as required for businesses.

(2)

Inspection and entry by public officials. Public officials in the performance of their duties shall have the same right, powers and duties over, in and through a manufactured home development as they have in other parts of the city, and shall havethe right to use private roadways of the development in the same manner as public streets while in the course of performance of their public functions.

(3)

Conditions of occupancy. Before occupancy by any person every manufactured home in a manufactured home development shall be:

Properly located on a manufactured home space;

Connected to utility systems in and on the manufactured home space;

Installed on a properly engineered foundation system;

Finished with a permanent foundation, or skirted within thirty (30) days of delivery to a manufactured home space. The home shall be skirted by the owner of the unit. The skirting shall be of a finished nature. Construction masonry blocks may be used and shall be finished with masonry paint. Composition building board and raw wood shall not be used as a skirting unless finished with quality weatherproof and termite proof materials and done in a manner which is complementary to the manufactured home design. Skirting also may be composed of the same material and of similar design, either horizontal or vertical, as the exterior of the manufactured home. All skirting shall extend from the bottoms of the exterior walls of the manufactured home to the ground, and shall extend around all exterior walls of the manufactured home.

(dd)

Duties of owner of manufactured home development. In addition to performing all of the requirements of this chapter, the owners and operators of a manufactured home development shall:

(1)

Maintain the surface of private roadways and off-street parking areas in unbroken condition;

(2)

Maintain private utilities in good operating condition, free of hazards to public health, safety, morals or welfare;

(3)

Maintain the manufactured home development in a manner to be free of accumulated or scattered debris and litter to avoid unsightly or unhealthy conditions.

(4)

Cap utility connections in any unoccupied manufactured home space in order to prevent entry of water or other foreign substances, exit of water, noxious fumes, or electricity, and to assure protection of both persons and property;

(5)

Provide and maintain portable fire extinguishers in the recreation, service and office facilities as provided in the Fire Underwriters Code.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 5759, § 8, 10-24-22)

Sec. 27-115. - NB neighborhood business district regulations.

(a)

Scope of provisions. This section contains the district regulations of the NB neighborhood business district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The NB district is designed to allow small retail stores for convenience shopping of neighborhood residents, and office and service oriented commercial uses which are not objectionable because of traffic generated, volumes of customers, excessive signing, numbers of employees, type of development, or services rendered, to exist adjacent to high-density residential areas. Businesses which require large floor areas, large lot areas, large number of employees, or are for comparative and selective shopping are not compatible to a residential service area and are not permitted in the NB district.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Signs, as permitted by section 27-500.

(4)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed two (2) stories above the average finished ground elevation at the perimeter of such building.

(2)

The total height of other structures, including equipment attached to buildings or structures, shall not exceed thirty (30) feet above the average finished ground elevation at the perimeter of such structure.

(3)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height, when authorized by conditional use permit.

(g)

Lot area, lot dimensions, setback and yard requirements. The minimum lot area requirements for land uses and developments in the NB district shall be as set out below:

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area comprising not less than six thousand (6,000) square feet.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of sixty (60) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure is allowed within twenty (20) feet of a side or rear lot boundary line which adjoins property in any residential district.

No structure is allowed within ten (10) feet of any side or rear lot boundary line which adjoins property in any commercial or industrial district.

(5)

Exceptions to setback requirements.

Gas pumps, canopies over gas pumps and light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way.

All exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district, or upon the street right-of-way.

No separate business establishment shall occupy more than ten thousand (10,000) square feet of building area.

(h)

Off-street parking and loading requirements. Requirements for off-street parking and loading, and setbacks for parking areas, loading spaces and internal drives are set forth in section 27-400, Off-street parking and loading requirements.

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, § 2, 7-22-96)

Sec. 27-116. - BO business office district regulations.

(a)

Scope of provisions. This section contains the district regulations of the BO business office district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The BO district is designed to allow certain office and service commercial uses to exist adjacent to residential areas, and serve as buffers between residential areas and more intense commercial areas. Multiple-family residential development may be allowed in the BO district if compatible with surrounding uses. Developments which desire landscaped space, open areas and other aesthetic features are appropriate for this district. Retail, wholesale, industrial and single-family residential uses are not compatible to an office district, and are not permitted in the BO district.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development, when such accessory building, structure, or use is customarily found in conjunction with the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas as required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Signs, as permitted by section 27-500.

(4)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(5)

Barber shop, beauty shop, concession stand, newsstand, or restaurant when such uses are located entirely within and accessory to an office building. No separate exterior entrance and no exterior sign, display or advertising relative to the accessory business shall be permitted.

(6)

Other accessory uses customarily incident to any permitted use.

(f)

Height limitations. The maximum height of buildings and structures in the BO district shall be as set out below:

(1)

The total height of buildings shall not exceed four (4) stories above the average finished ground elevation at the perimeter of such structure.

(2)

The total height of other structures, including equipment attached to buildings or structures shall not exceed sixty (60) feet above the average finished ground elevation at the perimeter of such structure.

(3)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-4, may be erected to any height when authorized by conditional use permit.

(g)

Minimum building area for each dwelling unit. Every dwelling unit in the BO district shall have a minimum building area of five hundred (500) square feet, exclusive of basements, open or screened porches, and garages.

(h)

Lot area, lot dimensions, setback and yard requirements. The minimum lot area and yard requirements for land uses and developments in the district are set out below:

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of one hundred (100) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure is allowed within twenty-five (25) feet of a side or rear lot boundary line which adjoins property in any residential district.

No structure is allowed within ten (10) feet of a side or rear lot boundary line which adjoins property in any commercial or industrial district.

(5)

Exceptions to setback requirements.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district or upon the street right-of-way.

(i)

(j)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, § 2, 7-22-96)

Sec. 27-117. - CB central business district regulations.

(a)

Scope of provisions. This section contains the district regulations of the CB central business district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The CB district is designed to allow major business services and a broad range of retail merchandising to co-exist with high-density residential developments. Principal commercial uses include financial, service and office businesses; department stores, variety stores and general and specialty retail stores. Residential uses are permitted under conditional use permits as principal uses on individual lots and at street level of mixed-use occupancies. Residential uses are zoned by right in basements and on the second and higher floors of mixed-use occupancies. Generally first floor occupancies should be nonresidential in this district, especially when surrounding uses include commercial activity. Because this is a major area within the community for employment and commerce, relatively large building volumes and high residential densities can be permitted.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas as required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(4)

Signs, as permitted by section 27-400.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed four (4) stories above the average finished ground elevation at the perimeter of such building, except in accordance with paragraph (f)(3) below.

(2)

The total height of other structures or equipment attached to buildings or structures shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure.

(3)

Buildings exceeding four (4) stories may be erected, when constructed with automatic fire protection devices in accordance with the Warrensburg Fire Code, and authorized by conditional use permit.

(4)

A public utility tower, or other structure determined to be an "essential service" as defined by section 27-4, may be erected to any height, when authorized by conditional use permit.

(g)

Lot area, and lot dimension requirements. The minimum lot area and yard requirements for land uses and developments in this district are set out below:

(1)

Minimum lot area requirements:

[Nonresidential.] Lots for nonresidential uses shall have an area sufficient to meet applicable setback requirements.

Multiple-family. Lots for multiple-family uses shall contain the following minimum square feet of lot area for each dwelling unit:

Low-rise buildings (2.5 stories or less): Twenty-five hundred (2,500) square feet per dwelling unit; for efficiency apartments, twelve hundred (1,200) square feet per unit.

ii.

High-rise (more than 2.5 stories):

Bedrooms	Square Feet
3 or more	1,000
2	850
1	700
Efficiency	530

[Single-family.] Lots for single-family uses shall contain a minimum of seven thousand (7,000) square feet.

[Two-family.] Lots for two-family uses shall contain a minimum of eight thousand five hundred (8,500) square feet.

(h)

Minimum building area for each dwelling unit. Every dwelling unit in the CB district shall have a minimum building area of five hundred (500) square feet, exclusive of basements, open or screened porches, and garages; except efficiency apartments as defined in section 27-6 shall provide a building area from three hundred (300) to five hundred (500) square feet per dwelling unit.

(i)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within ten (10) feet of any street right-of-way line, except as provided below.

Where the building line has been previously established by other buildings in the same block, no building shall extend beyond the building in that block, nor beyond any sidewalk or alley. Where other buildings in the same block abut the street right-of-way or existing sidewalk, new buildings shall be permitted to abut the street right-of-way or existing sidewalk.

(2)

Setback from lot boundary lines. No setback from lot boundary lines is required, except as provided below:

That where such line borders upon an alley adjacent to a rear lot boundary line, structures shall be set back a minimum of ten (10) feet from such alley.

No structure shall extend beyond any sidewalk, except as provided in this section.

No structure is allowed within thirty (30) feet of a lot line adjoining property in any residence district.

(3)

Exceptions to setback requirements:

Light standards for parking lot lighting and gas pumps are allowed no closer than ten (10) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than ten (10) feet of any lot boundary line which adjoins property in any residence district, and shall be shaded so that no direct light is cast upon any property located in a residence district.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way line.

Awnings and canopies attached to buildings are allowed no closer than ten (10) feet from any street right-of-way line, except where a building abuts the street right-of-way, such awning or canopy may extend over the adjacent sidewalk to within two (2) feet of the back of curb.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, § 3, 7-22-96; Ord. No. 3601, §§3, 5, 2-12-01; Ord. No. 4288, § 1, 9-10-07; Ord. No. 4668, § 2, 8-8-11)

Sec. 27-118. - GB general business district regulations.

(a)

Scope of provisions. This section contains the district regulations of the GB general business district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The GB district is designed to allow general trades and commercial services on major thoroughfares outside of central or neighborhood business districts. To promote in-fill and sustain the mix of residential development within the community, certain residential uses are allowed in the CB district subject to conditions.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas as required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(4)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed two (2) stories above the average finished ground elevation at the perimeter of such building unless authorized by a conditional use permit.

(2)

The total height of other structures, including any equipment attached to such structures, shall not exceed thirty (30) feet in height above the average finished ground elevation at the perimeter of such structure.

(3)

A public utility tower or other structure determined to be an "essential service" as defined by section 27-6, may be erected to any height, when authorized by conditional use permit.

(g)

Lot area, lot dimensions, setback and yard requirements. Requirements for land uses and developments in the GB district shall be as set out below; except that all residential uses shall be subject to all requirements set out in section 27-108, "R-4" medium density multi-family residence district regulations and section 27-300, conditional use permit procedure (CUP). Conversions of existing buildings previously built under GB district setback requirements would be exempt from R-4 setback requirements.

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

(2)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(3)

Setback from lot boundary lines:

No structure, or any storage, display or parking of merchandise, vehicles or equipment is allowed within thirty (30) feet of a side or rear lot boundary line which adjoins property in any residential district.

For land uses adjacent to the remaining districts, the following setbacks from lot lines shall apply to structures, storage, and display or parking of merchandise, vehicles or equipment:

Adjacent District		Side Lines	Rear Lines
i.	Neighborhood business	15	15
ii.	Business office	15	1
iii.	General business	0	10
iv.	Central business	0	10
v.	Light industrial	0	10
vi.	Heavy industrial	0	10

(4)

Exceptions to setback requirements:

Gas pumps, canopies over drive-through lanes and light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way.

All exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district, or upon the street right-of-way.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 2928, §§ 1, 2, 5-23-94; Ord. No. 3159, § 2, 7-22-96; Ord. No. 3173, § 1, 9-8-96; Ord. No. 4888, § 1, 10-14-13)

Sec. 27-119. - AE adult entertainment uses; additional regulations.

(a)

Scope of provisions. Adult entertainment uses and establishments as defined in section 27-119(c) are allowed only as a conditional use in a general business district subject to the requirements of this section.

(b)

Purpose and intent. In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in certain areas thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to ensure that these secondary effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Adult entertainment uses and establishments subject to these controls are as follows:

(1)

Adult media stores.

(2)

Adults-only motion picture theaters.

(3)

Adult cabarets.

(4)

Adult entertainment arcades.

(5)

Adult entertainment centers.

(6)

Massage parlors.

(7)

Sex shops.

(c)

Definitions. Whenever used in this section, the following words or phrases shall have the meanings ascribed to them:

Adult cabaret. An adult entertainment center; or that part of an adult entertainment center; which regularly features or otherwise offers to the public, customers or members, in a viewing area which is designed for occupancy by more than five (5) persons, any live exhibition, performance or dance by a person or persons whose exhibition, performance or dance is characterized by nudity; or by specified sexual activities.

Adult entertainment arcade. An adult entertainment center; or that part of an adult entertainment center; which regularly features or otherwise offers to the public, customers or members, in a viewing area or viewing areas which is/are designed for occupancy by no more than five (5) persons, any live exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by nudity; or by specified sexual activities.

Adult entertainment center. Any building, structure or facility which contains or is used for commercial entertainment, adults-only bookstores, adults-only theatres, massage parlors, theaters used for presenting live presentations, or for presenting videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, adult cabaret facilities, and adult entertainment arcades (regardless of whether the theater, facility or arcade provides a live presentation, videotape, or film presentation), where the customers either (1) engage in personal contact with, or allow personal contact by, employees; devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering or; in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.

Adult media. Means books, magazines, videotapes, films for sale, movies, slides, cd-roms, digital video discs, other devices or media used to record computer images, or viewing on premises by use of picture devices or other coin-operated means, or other media or periodicals which are distinguished or characterized by their principal interests on matters depicting, describing or relating to nudity; sexual conduct, sexual excitement or sadomasochistic abuse.

Adult media store. An establishment that rents and/or sells adult media, and that meets any of the following three tests:

(1)

Forty (40) percent or more of the gross public floor area is devoted to adult media.

(2)

Forty (40) percent or more of the stock-in-trade consists of adult media.

(3)

It advertises or holds itself out in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business regardless of whether it otherwise qualifies as an adult media store, adults-only motion picture theater, adult entertainment arcade, adult entertainment center or adult cabaret.

Adults-only motion picture theater. An enclosed building used regularly and routinely for presenting programs, films, or material distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity; sexual conduct, sexual excitement or sadomasochistic abuse for observation by patrons therein.

Massage shop. An establishment or place primarily in the business of providing massage services, provided that this term shall not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the State of Missouri.

Nudity. The showing of the male or female genitals, pubic area, or the female breast below the top of the areola, with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.

Sadomasochistic abuse. Flagellation or torture by or upon a person in the condition of being fettered, bound or otherwise physically restrained.

Sex shop. A business offering goods for sale or rent and that meets any of the following tests:

(1)

It offers for sale or rent items from any two (2) of the following categories: adult media; sexually-oriented toys or novelties; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than ten (10) percent of the stock in trade of the business or occupies more than ten (10) percent of the gross public floor area of the business; or

(2)

More than five (5) percent of the stock in trade of the business consists of sexually-oriented toys or novelties; or

(3)

More than five (5) percent of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.

Sexual conduct. Means sexual intercourse, deviate sexual intercourse or sexual contact as those terms are defined in Chapter 566 RSMo and as amended.

Sexual excitement. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

Sexually-oriented toys or novelties. Instruments, devices or paraphernalia either designed as representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

Specified sexual activities. Sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Revised Statutes of Missouri and as the same may hereafter be amended.

(d)

Procedure for obtaining an adult use conditional use permit. the granting of an adult use conditional use permit may be initiated by a verified application of one (1) or more of the owners of record of a lot or tract of land, or their authorized representatives, or by a resolution by the planning commission or the city council. Procedures for application, review and approval of an adult use conditional use permit shall be as follows:

(1)

Application. Application for an adult use conditional use permit for a specific lot or tract of land shall be filed in the office of zoning official. The application shall be filed on forms prescribed for that purpose by the zoning official and be accompanied by the following:

Filing fee as set by resolution of the city council.

The correct legal description of the property.

The present zoning district for the property.

The typewritten names, addresses and telephone numbers of all owners and their attorney and their designated representative, if any.

The signatures of all owners, their attorney or their designated representative.

The designated representative shall present proper power of attorney signed by all owners and notarized showing authorization to act on behalf of all owners.

Names and addresses of all property owners within one hundred eighty-five (185) feet of all sides of the subject property.

A written description of the nature of the adult use conditional use permit being sought including the proposed use/s by type, character and intensity.

Development site plan scaled and signed by an engineer or land surveyor registered in the State of Missouri, which shall include:

Name and address of project and the preparer.

Date of issue, north arrow, and scale to which the plan is drawn.

Property lines, lot dimensions, and setback dimensions.

Proposed uses of structures on site including information on the number of seats, employees or other applicable unit to measure the intensity of the proposed uses.

Adjacent land uses.

Dimensions of buildings and distances to other buildings, improvements, property lines, setback lines, driveways.

The location, number, design, and dimension of all parking spaces and loading areas.

Proposed ingress and egress to the site.

Location of the public rights-of-way adjacent to the property. Show adjacent drives.

10.

Location of all easements on the property, existing and proposed.

11.

Note on plans, boundaries of 100-year regulatory floodplain and floodway if any.

12.

Identify site utilities.

13.

Layout and design of the parking areas, including spaces for the disabled, required screening, loading areas and pavement construction details.

14.

Parking area lighting standards, location, and screening.

15.

Landscaping plan delineating location of trees and shrubs identified by type, species and size.

16.

Storm drainage: site grading, storm discharge and detention.

17.

Sidewalks as required by ordinance.

18.

Show dumpster enclosure(s) location, type, and screening.

19.

Show location and details of any proposed signs.

20.

Show location of any proposed fences/walls/retaining walls, decorative, security or otherwise.

21.

Location of nearest fire hydrants.

22.

Fire lanes (minimum eighteen (18) feet wide all weather surface) to reach within one hundred fifty (150) feet of building.

23.

Delineate the architectural details of the proposed structures in accordance with section 27-119(e)(4).

The application for an adult use conditional use permit shall be filed with the zoning official and the zoning official shall:

Check the application for accuracy and return incomplete applications to the applicant within three (3) business days of receipt.

Forward the application to appropriate city staff for review of the application and site plan.

Prepare a recommendation for the planning and zoning commission.

Place the matter on the agenda of the next regular meeting of the planning and zoning commission occurring not less than twenty-five (25) days nor more than thirty-five (35) days after a complete and accurate application is filed with the city.

Give written notice to the adjacent property owners for a distance of three hundred (300) feet from all sides of the property, as named in the application, of the proposed adult use conditional use permit and of the date of the planning commission meeting at which the matter will be considered. The notices shall be mailed at least fifteen (15) calendar days before the date of the meeting.

(2)

Review by planning commission. Before making a recommendation to the city council the planning and zoning commission shall review and consider the application for an adult use conditional use permit in an open public meeting. At such meeting, both those in favor of and those opposed to the adult use conditional use permit will be given reasonable opportunity to be heard. The commission shall transmit its recommendations to the city council in writing. If the commission makes no report to the city council within thirty (30) days following the meeting at which the complete application for the adult use conditional use permit was reviewed by the commission, it shall be considered to have approved the adult use conditional use permit.

(3)

City council consideration.

The city council shall not conduct a public hearing with regard to, nor act upon a request until the planning and zoning commission shall have acted on the matter.

After the findings of fact and recommendations of the commission have been filed with the city council or the requisite time period has passed, the city council shall hold a public hearing on the matter. The city council may not grant an adult use conditional use permit until a public hearing has been held on such ordinance.

Public notice. The zoning official shall cause public notice of the hearing to be published at least once in a newspaper of general circulation in the City of Warrensburg. Publication shall commence not less than fifteen (15) days before the hearing date. The notice shall include the date, time and place of the hearing, and state that adult use conditional use permit application may be viewed at the municipal building. In addition, the notice shall also provide the following information:

The notice shall contain the approximate location or street address, the name of the petitioner; the present zoning district classification and the nature of the adult use conditional use permit sought.

A sign or signs shall be placed on each parcel of land for which the adult use conditional use permit is being considered at the hearing before the city council. Said sign(s) shall be placed on affected parcels of land at least fifteen (15) days prior to the public hearing to be held by the city council. The sign(s) shall be posted at a point(s) nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway. The zoning official shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this chapter. The sign(s) shall bear there on the following: "PUBLIC HEARING" and "APPLICATION FOR CONDITIONAL USE PERMIT FILED WITH THE CITY OF WARRENSBURG CITY COUNCIL. PUBLIC HEARING WILL BE HELD ON (insert date and time) AT (insert location description and address), WARRENSBURG, MISSOURI." The zoning official may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of the conditional use permit pending before the city council.

At the hearing, staff shall make a recommendation to the city council, the applicant shall be heard, and those both in favor of and opposed to the adult use conditional use permit will be given reasonable opportunity to be heard.

At the conclusion of the public hearing, the city council may proceed to vote on the proposed ordinance, refer it to a committee for further study; or take any other action consistent with its usual rules of procedure. If the city council does not take final action on a proposed adult use conditional use permit within sixty (60) days after final action of the planning and zoning commission, the proposed adult use conditional use permit shall be deemed approved.

If the report by the planning and zoning commission recommends the proposed adult use conditional use permit be denied, or otherwise submits a negative recommendation, the adult use conditional use permit shall become effective only by the favorable vote of four-fifths (⅘) of all members of the city council.

(4)

Judicial review. Any person aggrieved by the decision of the city council shall be entitled to immediate judicial review under the provision of Section 536.150 RSMo and as amended by the filing of an appropriate action in the Circuit Court of Johnson County.

(5)

Penalty for removal or defacing of signs. It is unlawful for any person to tamper with any sign required for public notice.

(e)

Standards for review. In passing upon the granting or denial of an adult use conditional use permit the planning and zoning commission and the city council shall use the following standards in reviewing applications:

(1)

The proposed adult use conditional use permit shall comply with requirements of section 27-118 general business district regulations except as amended in this section.

(2)

Is the location and size of the adult use conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it such that the adult use conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to:

The location, nature and height of buildings, structures, walls, and fences on the site; and

The nature and extent of proposed landscaping and buffering on the site.

(3)

Adequate utility, drainage, and other such necessary facilities will be provided.

(4)

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(5)

Location restrictions.

No adult media store, adults-only motion picture theater, adult cabaret, adult entertainment arcade, adult entertainment center, sex shop, or massage parlor, shall be operated or maintained within one thousand (1,000) feet of a residentially zoned district, or within one thousand (1,000) feet of any other use restricted under section 27-119 (except that two (2) or more uses may be located within the same structure if operated under the same ownership), or within one thousand (1,000) feet of a church, state licensed daycare facility, public library; public park, or public school, or within five hundred (500) feet of any establishment licensed under chapter 2 or 3 of this Code.

The distance limitations in subsection (a) above shall be measured in a straight line from the main public entrance of the business premises or from the lot lines of property of a residentially zoned district.

(5)

Access. All access to and from the adult entertainment establishment shall be provided from a street classified as an arterial by the major street plan.

(6)

Setbacks. The setback(s) from the street(s) shall be the same as required by section 27-118, and no structure or any storage display or parking of merchandise vehicles or equipment is allowed within thirty (30) feet of a side or rear lot boundary line.

(7)

Design. The facility in which the use is located shall be designed in such a fashion that all opening, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street rights-of-way or other public area. No adult entertainment activity shall take place partially or totally outside the adult entertainment establishment.

(8)

Display of adult media. Adult media in an establishment to which this section is applicable shall be kept in a separate room or section of the store, which room or section shall:

Not be open to any person under the age of eighteen (18);

Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;

Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children;

Have access controlled by electronic or other means to provide assurance that person under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or sections.

(9)

Parking and landscaping. Off-street parking and landscaping of those areas shall be provided and conform to the requirements as set forth in article VIII of this chapter.

(10)

Sign requirements. All uses regulated hereunder shall comply with the sign requirements of article IX of this chapter and are further regulated as follows:

All signs shall be flat wall signs.

The amount of allowable sign area shall be one (1) square foot of sign area per foot of lot frontage on a street, not to exceed a total of thirty (30) percent of the aggregate square footage of the wall area upon which it is installed.

No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from any public rights-of-way.

No wall sign shall have flashing, blinking, or beacon-type light sources, whether emitting from illuminated signs, or from lamps designed for purposes of attracting attention only.

(Ord. No. 2858 § 2, 7-12-93; Ord. No. 3837, § 1, 10-13-03; Ord. No. 4465, § 1, 6-8-09; Ord. No. 4631, § 3, 2-14-11)

Cross reference— Adult entertainment businesses, Ch. 2.5.

Sec. 27-125. - LI light industrial district regulations.

(a)

Scope of provisions. This section contains the district regulations of the LI light industrial district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The LI district is intended primarily for manufacturing industries and other industrial activities in which the impact upon the surrounding land uses and environment is limited.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in connection with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Dwelling or lodging units, only for watchmen, caretakers, security personnel, or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.

(2)

Individual sewage treatment facilities serving an individual building or use, as approved by the City of Warrensburg and Missouri Department of Natural Resources.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings and structures, including equipment attached to buildings or structures, shall not exceed eighty (80) feet in height above the average finished ground elevation at the perimeter of such building or structure, unless authorized by a conditional use permit.

(2)

Radio, television, communication, or public utility tower, ("essential service" or not) may be erected to any height when authorized by conditional use permit.

(g)

Lot area, yard and density requirements.

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of seventy-five (75) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure, or any storage, display or parking of merchandise, equipment or vehicles is allowed within thirty (30) feet of a side or rear lot boundary line which adjoins property in any residence district.

For land uses adjacent to the remaining districts, the following setbacks from lot lines shall apply to structures, storage and parking or display of merchandise, equipment or vehicles:

Adjacent District		Side Lines	Rear Lines
i.	Light industrial	0	10
ii.	Heavy industrial	0	10
iii.	General business	0	10
iv.	Central business	0	10
v.	Business office	15	15
vi.	Neighborhood business	15	15

(5)

Exceptions to setback requirements.

Gas pumps, canopies over gas pumps, and light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district, and shall be shaded so that no direct light is cast upon any property located in a residence district, or upon the street right-of-way.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92)

Sec. 27-126. - HI heavy industrial district regulations.

(a)

Scope of provisions. This section contains the district regulations of the HI heavy industrial district. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

(b)

Statement of intent. The HI district is intended primarily for manufacturing industries and other industrial activities in which the impact upon the surrounding land uses and environment is, or may be more extensive than those found in the LI light industrial district. Commercial uses in this district are generally those which serve the convenience of industrial establishments and their employees. Residential uses are not compatible with this environment and are not included in order that the district may be reserved for its intended heavy industrial purpose.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in connection with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Dwelling or lodging units, only for watchmen, caretakers, security personnel, or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.

(2)

Individual sewage treatment facilities serving an individual building or use, as approved by the City of Warrensburg and Missouri Department of Natural Resources.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings or structures, including equipment attached to buildings or structures, shall not exceed eighty (80) feet above the average finished ground elevation at the perimeter of such building or structure, unless authorized by conditional use permit.

(2)

Radio, television, communication, or public utility towers ("essential service" or not) may be erected to any height when authorized by conditional use permit.

(g)

Lot area, yard and density requirements.

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of one hundred (100) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure, or any storage, display or parking of merchandise, equipment, or vehicles is allowed within one hundred (100) feet of any property line adjoining property in any residential district.

For land uses adjacent to the remaining districts, the following setbacks from lot lines shall apply to structures, storage, and parking or display of merchandise, vehicles and equipment:

Adjacent District		Side Lines	Rear Lines
i.	Heavy industrial	25	25
ii.	Light industrial	25	25
iii.	General business	25	25
iv.	Central business	25	25
v.	Business office	25	25
vi.	Neighborhood business	25	25

(5)

Exceptions to setback requirements.

Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any lot boundary line which adjoins property in any residence district, and shall be shaded so that no direct light is cast upon any property located in a residence district, or upon the street right-of-way.

Light standards at points of ingress and egress are allowed no closer than two (2) feet of any street right-of-way.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92)

Sec. 27-150. - PUD planned unit development overlay district.

(a)

Statement of intent. The planned unit development (PUD) is designed to meet the needs of developments which are planned and developed as a unit. Such development may consist of individual lots or common building sites. It is the intent of this section to provide for planned communities having harmony of design and variety of function. PUDs are given density bonuses, and flexibility in the design of buildings, yards and circulation patterns in order to produce:

(1)

A pattern of development which conserves the natural amenities and environmental assets of the land. Such a development must be environmentally and ecologically sound. It must take into account the limitations of the land under development and work within the framework of those limitations to prevent soil erosion, (by either wind or water), control stormwater run-off, and preserve trees.

(2)

A creative and innovative approach to site planning which utilizes the land efficiently, resulting in smaller networks of utilities and streets, and thereby lower development costs.

(3)

A more desirable environment than would be possible through the strict application of other sections of this chapter, and a wider range in the type of environment and structures available to the public. Areas must be well-designed, and may contain various building arrangements, such as clustered development, zero-lot-line, or attached structures.

(4)

An environmentally sensitive design, which preserves existing natural or unique features, such as trees, watercourses, rock outcrops, and historical and similar irreplaceable assets.

(5)

Open space and recreational amenities developed according to the needs of the residents and/or businesses, and the capacity of the land for such development.

(6)

Lower overall development costs through more efficient use of the land.

(b)

Designation of PUD; approval process.

(1)

Planned unit development is an overlay district that modifies the regulations of the affected zoning district and requires a planned unit development conditional use permit. The granting of a planned unit development conditional use permit may be initiated by a verified application of one (1) or more of the owners of record of a lot or tract of land, or their authorized representatives, or by a resolution by the planning and zoning commission or the city council. Procedures for application, review and approval of a planned unit development conditional use permit shall be as follows:

(2)

Application for a planned unit development conditional use permit for a specific tract of land shall be filed in the office of the zoning official. The application shall be filed on forms prescribed for that purpose by the zoning official and be accompanied by the following:

A filing fee as set by resolution of the city council.

The correct legal description of the property.

The present zoning district for the property.

The name, address, and phone number of the applicant; the names, addresses, phone numbers, and signatures of all owners, their attorney and their designated representative (if any). Designated representatives shall present proper power of attorney signed by all owners and notarized showing authorization to act on their behalf.

The names and address of property owners for a distance of three hundred (300) feet from all sides of the property determined by lines drawn parallel to and three hundred (300) feet distant from the property lines of the property in questions.

A statement by the applicant describing how the proposed development departs from the city's standard development regulations, and how the proposed development, on balance, is an improvement over what otherwise would be required under the community's standard zoning and land development regulations.

Fourteen (14) copies of the development plan, which shall contain all the requirements of a final plat under section 21-87, in addition to the following:

Proposed uses of structures on site including information on the number of seats, employees or other applicable unit to measure the intensity of the proposed uses.

Dimensions of buildings and distances to other buildings, improvements, property lines, setback lines, driveways.

The location, number, design, and dimension of all parking spaces and loading areas.

Proposed ingress and egress to the site.

Location of the public rights-of-way adjacent to the property. Show adjacent drives.

Layout and design of the parking areas, including spaces for the disabled, required screening, loading areas and pavement construction details.

Parking area lighting standards, location, and screening.

Landscaping plan delineating location of trees and shrubs identified by type, species and size.

Storm drainage: site grading, storm discharge and detention.

10.

Sidewalks as required by ordinance.

11.

Show dumpster enclosure(s) location, type, and screening.

12.

Show location and details of any proposed signs.

13.

Show location of any proposed fences/walls/retaining walls, decorative, security or otherwise.

14.

Location of nearest fire hydrants.

15.

A table verifying that the requirements of subsection 27-150(g) for density and subsection 27-150(p) for open spaces have been satisfied.

If lots are being created that match the exact footprint of a building, the applicant shall submit two (2) full sets of the building plans.

A formal irrevocable offer of the owner for dedication to public use of all public streets, alleys, parks, public lands, shown thereof, and the granting of all easements required;

A statement on the plan which states that when the city accepts the street right-of-way for public streets shown on the plan as property, the city is under no obligation to improve the streets or to accept the streets for public maintenance.

Two (2) complete sets of construction drawings and specifications of the public improvements at the one (1) inch equals one hundred (100) feet scale;

(3)

The application for a planned unit development conditional use permit shall be filed with the zoning official and the zoning official shall:

Check the application for accuracy and return incomplete applications to the applicant within three (3) business days of receipt.

Advise other concerned city departments and entities, of the proposed application and plan, requesting their review and comments. The developer shall submit copies of the preliminary plan to each public utility including gas, electric, water, cable, and telephone. Proof of such delivery shall be submitted to the city. Each public utility shall have thirty (30) days from the date of delivery in which to provide written comment to the city on the preliminary plan, together with any proposed alterations to public utility easements and right-of-way.

Prepare a recommendation for the planning and zoning commission.

Place the matter on the agenda of the next regular meeting of the planning and zoning commission occurring forty (40) days or more after a complete and accurate application is filed with the city.

Give written notice to the adjacent property owners for a distance of three hundred (300) feet from all sides of the property; as named in the application, of the proposed planned unit development conditional use permit and of the date of the planning and zoning commission meeting at which the matter will be considered. The notices shall be mailed at least fifteen (15) calendar days before the date of the meeting.

(4)

Review by the planning and zoning commission. Before making a recommendation to the city council the planning and zoning commission shall review and consider the application for a planned unit development conditional use permit in an open public meeting. At such meeting, both those in favor of and those opposed to the planned unit development conditional use permit will be given reasonable opportunity to be heard.

The criteria to be considered by the planning and zoning commission shall include, but not be limited to the following:

If the proposed planned unit development conditional use complies with all applicable provisions of chapter 27 and will conform to the general intent and purpose of chapter 27, the intent of the underlying base zoning district in which the proposed planned unit development conditional use will be located, and subsection 27-150(a);

If the proposed planned unit development conditional use is in accordance with the intent of, and furthers and promotes the goals of the city's land use plan;

If the proposed planned unit development conditional use at the specified location will contribute to and promote the welfare or convenience of the public;

If the proposed planned unit development conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

If the location and size of the planned unit development conditional use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to:

(i)

The location, nature and height of buildings, structures, walls, and fences on the site; and

(ii)

The nature and extent of proposed landscaping and buffering on the site.

(iii)

If adequate utility, drainage, and other such necessary facilities have been or will be provided; and

(iv)

If adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

The planning and zoning commission shall arrive at a decision on the preliminary plan within sixty (60) days of the first meeting, except the planning and zoning with the consent of the developer may extend the sixty-day period. If the planning and zoning approves or approves with conditions, the application and the plan shall be sent to the city council. The planning and zoning commission shall transmit its findings and recommendations to the city council in writing; or

If disapproved, the planning and zoning commission shall state in writing the reasons for its disapproval and refer specifically to those parts of the city plan or the intent of the city plan, the subdivision regulations, the major street plan, or chapter 27 of this Code, or other pertinent considerations including those specified in subsection 27-150(a) with which the development does not comply. After its decision, the planning and zoning commission shall forward its findings and recommendations in writing to the city council for final consideration; or

If the planning and zoning commission cannot reach a decision within the time period, the developer may proceed to subsection 27-150(b)(5).

(5)

City council consideration.

The city council shall not conduct a public hearing with regard to, nor act upon a planned unit development conditional use permit request until the planning and zoning commission shall have acted on the matter.

After the findings and recommendations of the planning and zoning commission have been filed with the city council or the requisite time period has passed, the city council shall hold a public hearing on the matter. The city council may not grant a planned unit development conditional use permit until a public hearing has been held on such ordinance.

Public notice. The zoning official shall cause public notice of the hearing to be published at least once in a newspaper of general circulation in the City of Warrensburg. Publication shall commence not less than fifteen (15) days before the hearing date. The notice shall include the date, time and place of the hearing, and state that the planned unit development conditional use permit application may be viewed at the municipal building. In addition, the notice shall also provide the following information:

The notice shall contain the approximate location or street address, the name of the petitioner; the present zoning district classification and the nature of the planned unit development conditional use permit sought.

A sign or signs shall be placed on each parcel of land for which the planned unit development conditional use permit is being considered at the hearing before the city council. Said sign(s) shall be placed on affected parcels of land at least fifteen (15) days prior to the public hearing to be held by the city council. The sign(s) shall be posted at a point(s) nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway. The zoning official shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this chapter. The sign(s) shall bear there on the following: "PUBLIC HEARING" and "APPLICATION FOR CONDITIONAL USE PERMIT FILED WITH THE CITY OF WARRENSBURG CITY COUNCIL. PUBLIC HEARING WILL BE HELD ON (insert date and time) AT (insert location description and address), WARRENSBURG, MISSOURI." The zoning official may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of the conditional use permit pending before the city council. It is unlawful for any person to tamper with any sign required for public notice.

At the hearing, staff shall make a recommendation to the city council, the applicant shall be heard, and those both in favor of and opposed to the planned unit development conditional use permit will be given reasonable opportunity to be heard.

When considering a conditional use permit application, the city council shall consider the criteria outlined in subsection 27-150(b)(4)a. for consideration by the planning and zoning commission.

At the conclusion of the public hearing, the city council may proceed to vote on the proposed ordinance, refer it to a committee for further study; or take any other action consistent with its usual rules of procedure. If the city council does not take final action on a proposed planned unit development conditional use permit within sixty (60) days after final action of the planning and zoning commission, the proposed planned unit development conditional use permit shall be deemed approved.

The approved plan constitutes an acceptance of the plan including rights-of-way for public streets, alleys, easements, drainage ways and land dedicated for public use, but does not include improvements such as utilities, street paving or the proposed subdividing of blocks into lots.

Any vote of the city council to remove a condition or approve a plat disapproved by the planning and zoning commission shall require a four-fifths (4/5) approval for passage.

(6)

Prior to approval of the development plan by the city council, the developer shall agree in writing, in a form provided by the City of Warrensburg, that he/she will:

Install the required improvements in accordance with city standards prior to being issued a building permit. The construction and installation of required improvements may be to each lot for which a building permit is requested; however, no building permit shall be issued for construction on any lot within any subdivision until construction and installation of required improvements have been completed within the subdivision for and to the lot for which the building permit is to be issued; or

Provide a performance bond or escrow account, set up according to terms of the city, in an amount sufficient to ensure satisfactory construction, installation and dedication of the required improvements. If an escrow account is chosen by the developer, estimates of completed improvements may be presented to the city council together with a request for release of funds in the amount of completed improvements. Upon certification by the City of Warrensburg that such improvements have been completed to city standards and specifications, the city council may release that portion of funds in the escrow account. Before final withdrawal of funds from the escrow account, the developer shall certify to the city that all bills have been paid for materials and work on the required improvements.

Building permits will be issued to any lot or area for which improvements have been completed and for which a performance bond or escrow account has been established in accordance with subsection 27-150(b)(6)b. In those cases where a performance bond or escrow account has been posted and the required improvements have not been installed within two (2) years, the city may thereupon declare the developer to be in default and require that all improvements be installed regardless of the extent of the building development at the time of default.

(7)

Upon approval, the developer shall submit upon acceptable mylar stock two (2) original drawings of the approved development plan, bearing original signatures by all persons claiming an interest in the property, all applicable taxing authorities certifying that no taxes are owed on the property and by the licensed surveyor preparing the development plan. The approval of the development plan shall be shown over the signature of the mayor and attested to by the city clerk on the original drawings. After approval, the city clerk shall file the development plan with the county recorder's office as a final subdivision plat. The recording fee shall be paid by the city and the city shall provide as many copies of the filing certification as requested by the developer.

(c)

PUD design requirements. Unless authorized by subsections 27-150(d) through (q) and specifically approved as part of a planned unit development conditional use permit, the underlying base zoning district standards and other applicable regulations of chapter 27 shall control development within a PUD.

(d)

Minimum project size. The minimum size of the site on which a planned unit development may occur shall be two (2) acres.

(e)

Land uses and developments.

(1)

The same land uses permitted within the underlying zoning district are permitted in the PUD. Conditional uses are allowable to the extent authorized by the underlying zoning district. The table of permissible uses (section 27-200) sets forth the permitted and conditional land uses which are allowed within each zoning district.

(2)

Conditional land uses. Individual land uses which require a conditional use permit (as indicated by a "C" on the table of permissible uses) may be authorized by the city council during the review process. No separate hearing will be required so long as the proposed conditional use is identified on the preliminary plat, and is included in the information presented at the public hearing.

(3)

Accessory uses. Unless specifically addressed within design of the planned unit development, the types of accessory uses shall be governed by the provisions within the regulations of the underlying zoning district.

(f)

Height limitations.

(1)

The height limitations for structures in PUDs shall be the same as those for the underlying zoning district.

(2)

Public utility towers or other structures determined to be "essential services" as defined in section 27-6, and requiring a conditional use permit, may be recommended by the planning commission, and authorized by the city council during the review process. No separate hearing will be required so long as the proposed conditional use is identified on the preliminary plat, and is part of the information presented to the planning and zoning commission and the city council at the public hearing.

(g)

Density and lot sizes.

(1)

There are no minimum lot sizes specified, and no minimum dimensional requirements for lots within planned unit developments in order to encourage the clustering of structures, and permit latitude in the design of open space.

(2)

Densities within residential developments shall not exceed those defined in the following table. "Net acre" shall be defined as that area of the development excluding area reserved for open space, streets; and rights-of-way.

District	Units Per Net Acre
R-1	6
R-2	6
R-3	14
R-4	22

(h)

Yard and setback regulations.

(1)

Setbacks from streets. Structures shall have the following minimum setbacks from streets, as measured from the street right-of-way:

Local street—Twenty (20) feet.

Collector street—Thirty (30) feet.

Arterial street—Forty (40) feet.

(2)

Setback from lot boundary lines. The design for residential PUDs may define, for both principal and accessory structures, the setback from lot boundary lines, and modify the yard requirements. In so doing, the plan must provide adequate space between buildings for access by emergency vehicles, as determined by the city's planning team.

(i)

Minimum building area. The minimum building area for dwelling units in a planned unit development shall be as required in the underlying zoning district. Please refer to the appropriate residential zoning district regulations.

(j)

Off-street parking and loading.

(1)

Parking standards as contained in section 27-400 shall apply to all planned unit developments.

(2)

The amount of off-street parking required by section 27-400, Off-street parking, shall not be reduced.

(k)

Sign regulations. Specific sign regulations may be contained in the conditions in each ordinance authorizing the establishment of the particular PUD; however, in no instance shall they be less restrictive than required in section 27-500, Sign regulations.

(l)

Transportation facilities; traffic circulation.

(1)

PUD districts shall be so located with respect to major streets and highways as to provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside such districts.

(2)

Internal collector systems should be coordinated with existing external systems to provide for the efficient flow of traffic into and out of the PUD. Traffic circulation systems should encourage smooth traffic flow, minimize hazards, and discourage through traffic.

(3)

The design of internal circulation must be sensitive to such points of safety, convenience, access to dwelling units and nonresidential facilities, and separation of vehicular and pedestrian-bicycle traffic. Access for emergency vehicles must also be considered. Pathways for pedestrians and bicycles should be considered.

(m)

Minimum street widths.

(1)

Streets shall not be reduced below standard street widths required by the City Code of Warrensburg.

(2)

The city council reserves the right to require increased street widths at locations which merit such an increase, considering traffic volume, access, public safety, and other concerns.

(n)

Access to lots. Each lot in a planned unit development shall have access to a public street through a common area which must abut a public street.

(o)

Construction standards for streets and public facilities. Construction of public streets and utility facilities within the City of Warrensburg shall meet or exceed the minimum construction standards adopted by the City of Warrensburg.

(p)

Open space.

(1)

Open space shall be set aside for the use and benefit of the residents and/or businesses of the development.

(2)

Open space shall be reserved within each PUD project. The percentages shall be based on the total (gross) acreage of the site. The following percentages are minimum open space requirements:

R-1—Ten (10) percent of the total (gross) site acreage.

R-2—Ten (10) percent.

R-3—Twenty-five (25) percent.

R-4—Thirty-five (35) percent.

NB, BO, CB, GB, LI and LH—Twenty (20) percent.

(3)

Open space may include parcels of land or water. Approximately seventy-five (75) percent of the required open space in residential developments shall be "usable." In order to be considered as usable open space, land shall be of a character and location suitable for use as a playground, playfield, or other recreation, such as walking or bicycle path. Usable open space may not consist of lakes, ponds, stream beds, or other waterways, drainageways, bluffs, rock outcrops, or slopes in excess of seven-percent grade. Such open space shall be owned and maintained in common by the residents through a homeowners association. Requirements for homeowners associations are presented in section 27-151.

[(4)

Reserved.]

(5)

Access to open space, for residents and businesses within the development and emergency vehicles shall be considered in the design and location of open space.

Recreation sites and playgrounds shall abut public access easements, or public streets.

Pedestrian walkways and bicycle paths located in the interior of the development shall be accessible from a public access easement or a public street in at least one (1) location.

(q)

Landscaping of PUD project and perimeters.

(1)

The developer shall submit a landscaping plan.

(2)

The developer shall maintain landscaping and trees for a period of one (1) year following planting, and shall replace any landscaping or trees which die, until the homeowners association shall assume responsibility for the maintenance and replacement of landscaping and trees within the common areas of the project.

(3)

There shall be a permanent landscape buffer at least ten (10) feet wide provided along the property line of the PUD where it abuts adjacent residential development not part of the PUD project. This buffer shall be maintained in landscaping, and off-street parking shall be permitted in such area.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3271, § 1, 11-10-97; Ord. No. 4107, §§ 1, 2, 4-10-06; Ord. No. 4631, § 4, 2-14-11)

Sec. 27-151. - Homeowners/owners associations.

(a)

Homeowners associations, owners associations, or similar legal entities that are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:

(1)

Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

(2)

The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;

(3)

The association or similar legal entity has the power to compel contributions from property owners within the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

(b)

Documents establishing the association shall be included for review by the city attorney at the time the site plan is submitted.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3271, § 2, 11-10-97)

Sec. 27-175. - Flood hazard overlay district.

For flood hazard provisions refer to section 6-115 et seq. of this Code.

The flood hazard district is established as an "overlay" district, meaning that this district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the flood hazard overlay district.

(Ord. No. 2748, § 2, 6-22-92)

Sec. 27-176. - H historic overlay district.

(a)

Scope of provisions. This section contains the regulations of the H historic overlay district. The H designation may be conferred upon a landmark or property or structure within a historic district in order to supplement and add to the underlying zoning district regulations. To the extent that there is any conflict between a provision of this section and any other section of chapter 27 or this Code, the more restrictive provision shall govern.

(b)

Statement of intent. The intent of the H designation is to promote the educational, cultural, economic and general welfare of the community by:

(1)

Providing a mechanism to identify and preserve the distinctive historical, architectural and archaeological characteristics of Warrensburg, Missouri which represent elements of the city's cultural, social, economic, political and architectural heritage; and

(2)

Fostering civic pride in the beauty and noble accomplishments of the past, as represented in Warrensburg's landmarks; and

(3)

Conserving and improving the value of property or areas designated as landmarks, or within historic districts or neighborhoods; and

(4)

Protecting and enhancing the attractiveness of the city to homebuyers, tourists, visitors and shoppers and thereby providing economic benefit to the city; and

(5)

Fostering and encouraging preservation, restoration, and rehabilitation of structures, areas, and neighborhoods; and

(6)

Promoting the use of landmarks and historic districts and neighborhoods for the education, pleasure, and welfare of the people; and

(7)

Encouraging business and residential owners to locate and invest in historically significant structures; and

(8)

Promoting the identification, evaluation, protection, and interpretation of prehistoric and historic archaeological resources within the corporate limits of the City of Warrensburg.

(c)

Definitions. For the purposes of this section the following terms, phrases, words and their derivatives shall have the meaning given herein.

Alteration. Any act or process that changes one (1) or more historic, architectural or physical features of an area, site, landscape, place or structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or part thereof; the expansion or significant modification of agricultural activities; and clearing, grading or other modification of an area, site, or landscape that changes its current condition.

Certificate of appropriateness. A certificate issued by the historic preservation commission indicating its approval of plans for alteration, exterior alteration, construction, removal, or demolition of a structure within a historic district or landmark.

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

Demolition. 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 guidelines. A standard of appropriate activity that will preserve the historic and architectural character of a landmark or historic district.

Exterior alteration. Any alteration, act, or process that changes one (1) or more of the features of the exterior architectural appearance of a structure, or part of any structure including, but not limited to, the erection, construction, reconstruction, demolition or removal of any structure or part of any structure.

Exterior architectural appearance. 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.

HPC. The historic preservation commission.

Historic district. An area so designated by resolution of the planning and zoning commission and which may contain within definable geographic boundaries, one (1) or more landmarks and which may have within its boundaries other properties or structures which, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark (s) located within the historic district.

Historic significance. Character, interest, or value as part of the development, heritage, or culture of the community, county, state, or country; as the location of an important local, county, state or national event; or through identification with a person or persons who made an important contribution to the development of the community, county, state or country.

Landmark. A site, lot, property or structure so designated by resolution of the planning and zoning commission, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, and preservation because of its archaeological, historical, or architectural significance to the City of Warrensburg.

Ordinary maintenance. Any work for which a building permit is not required by the city ordinance, where the purpose and effect of such work is to correct any deterioration or decay or damage to a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition prior to the occurrence of such deterioration, decay or damage, and does not involve change of materials or form.

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

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

Repair. Any change that is not construction, removal, demolition, or exterior alteration, or ordinary maintenance.

Secretary of the interior's standards. The secretary of the interior's standards for the treatment of historic properties are sets of treatment standards intended to assist users in making sound historic preservation decisions for the preservation, rehabilitation, restoration, or reconstruction of historic properties. The standard is codified as 36 CFR part 68 in the July 12, 1995, Federal Register (Vol. 60, No. 133) and as the same may hereafter be amended.

Significant modification or significantly modified. Any change of use or physical change to a landmark, property or structure in a historic district, when such change of use or physical change is readily recognizable to a normal and reasonable observer, and when the same is not a minimal, minor, or slight alteration of the structure, site, landmark or property, or the prior use.

Site. Any lot, area, or location occupied as a residence or utilized by humans for a sufficient length of time to construct features, or deposit a number of artifacts, or any place with evidence of past human activity. Sites include, but are not limited to, occupation, location, work areas, evidence of farming or hunting and gathering, burial remains, artifacts and structures of all types.

Stop work order. An order issued by the city directing an owner, occupant, contractor, or subcontractor to halt an action for which a certificate of appropriateness is required, and notifying the owner, occupant, contractor, or subcontractor of the application process for a certificate of appropriateness.

Structure. 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, building, fences, gazebos, advertising signs, billboards, radio and television antennae and towers, and swimming pools.

Survey. The systematic gathering of information on the architectural, historic, scenic, and archaeological significance of buildings, sites, landmarks, structures, lots, areas, or landscapes, through visual assessment in the field and historical research for the purpose of identifying landmarks or historic districts worthy of preservation.

(d)

Historic preservation commission.

(1)

A historic preservation commission is hereby created, and shall be appointed by the mayor with the approval of the city council. The HPC shall consist of five (5) members, who shall not be required to live within the city, but shall be persons interested in historic preservation within the city. One (1) of the five (5) members appointed by the mayor shall be a planning and zoning commission member, who shall serve for one (1) year. To the extent available in the community the HPC shall include professional members representing such disciplines as architecture, architectural history, prehistoric and historic archaeology, planning, urban design, cultural geography, cultural anthropology, folklore, curation, conservation, landscape architecture, law, real estate brokerage, banking, history or other fields related to historic preservation, and residents of historic districts or potential historic districts.

(2)

Members shall be appointed for terms of three (3) years and shall serve until their successor is duly appointed, excepting that the membership of the first HPC appointed shall serve respectively for terms of one (1) for one (1) year; two (2) for two (2) years; and (2) for three (3) years. Vacancies shall be filled for the unexpired term only. Action to fill vacancies shall be initiated within sixty (60) days. Members may serve not more than two (2) full successive terms.

(3)

Officers shall consist of a chairperson and a vice chairperson elected by the HPC, who shall each serve a term of one (1) year and shall be eligible for reelection. The chairperson shall preside over meetings. In the absence of the chairperson, the vice chairperson shall perform the duties of the chairperson. If both are absent, a temporary chairperson shall be elected by those present. The officers shall assure that the following duties of the HPC are performed:

Preparation of minutes of each HPC meeting;

Publication and distribution of copies of the minutes, reports and decisions of the HPC to the members of the HPC;

Provision of notice as required herein or by law for all public hearings conducted by the HPC;

Notification to the mayor of vacancies on the HPC and expiring terms of members;

Preparation and submission to the city council of a complete record of the proceedings before the HPC on any matter requiring city council consideration.

(e)

Meetings. A quorum of the HPC shall consist of three (3) members. All decisions or actions of the HPC shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times or at any time upon the call of the chairperson, but no less than once each quarter. No member of the HPC shall vote on any matter which may materially or apparently affect the property, income, or business interest of that member. No action shall be taken by the HPC that could in any manner deprive or restrict the owner of a property in its use, modification, maintenance, disposition, or demolition until such owner shall have had the opportunity to be heard at a public meeting of the HPC. The HPC shall keep minutes of its proceedings, showing the vote on each matter presented to the meeting and indicating the action taken, if any, and shall be filed in the office of the zoning official, and shall be an official record. Meetings of the HPC will be open to the public as provided in Chapter 610 of the Revised Statutes of Missouri.

(f)

Powers and duties. In order to carry out its functions as authorized by law, the HPC shall have the following powers:

(1)

To adopt its own procedural regulations, provided that such regulations are consistent with this chapter, this Code, and the Revised Statutes of Missouri.

(2)

To advise the city manager or his/her designee, on the conduct of surveys to identify historically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political, or architectural history of the nation, state, or city. To keep a register of all properties and structures, which have been designated as landmarks or historic districts, including all information required for each designation.

(3)

To investigate and recommend to the planning and zoning commission the adoption of resolutions designating properties, sites, structures, or areas having special historic, community, or architectural value as landmarks or historic districts.

(4)

To confer recognition upon the owners of landmarks, and property or structures within historic districts by means of certificates, plaques, or markers; and to make recommendations for the design and implementation of specific markings of the streets and routes leading from one structure or historic district to another.

(5)

To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion on the National Register of Historic Places.

(6)

To encourage the nomination of landmarks and historic districts to the National Register of Historic Places, and to review and comment on any national register nominations submitted to the HPC upon request of the mayor or city council.

(7)

To inform and educate the citizens of Warrensburg concerning the historic and architectural heritage of the city.

(8)

To hold public hearings on each proposed nomination of a landmark or historic district and on the guidelines developed for each nomination;

(9)

To recommend specific design guidelines for the alteration, construction, or removal of landmarks or property and structures within historic districts.

(10)

To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures within historic districts and issue or deny certificates of appropriateness for such actions.

(11)

To request the building official issue stop work orders for any construction, alteration, removal, or demolition undertaken without a certificate of appropriateness, or to stop work that violates the conditions of a certificate of appropriateness.

(12)

To review and make recommendations on proposed zoning amendments, applications for conditional use permits or applications for zoning variances that affect proposed or designated landmarks or historic districts.

(13)

To make recommendations to the city manager's office concerning the application for and utilization of any federal, state, or private grant, grant-in-aid, gift, or bequest furthering the general purposes of this section.

(14)

To call upon available city staff members for technical advice.

(15)

In accordance with the city's purchasing and fixed assets policies and procedures, retain such specialists or consultants or appoint such citizen advisory committees as may be required from time to time, subject to city council appropriations for the same.

(16)

To testify before all boards and commissions, including the planning and zoning commission and the board of adjustment, on any matter affecting historically and architecturally significant property, structures, sites, and districts.

(17)

To advise the city manager's office on the development of a preservation component in the master plan of the city and to recommend it to the planning and zoning commission and to the city council.

(18)

To periodically review the Warrensburg zoning ordinance and to recommend to the planning and zoning commission and the city council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts.

(19)

To assist the city manager's office in preparing a budget and appropriations request and proposal for funding of the operations and activities envisioned in this chapter. The city council shall appropriate such funds as the council deems proper within the budget limitations of the city government.

(20)

To promote identification, evaluation, and protection of prehistoric and historic archaeological resources within the corporate limits of the city.

(g)

Surveys and research. The city manager's office or his/her designee shall undertake an ongoing survey and research effort in the city to identify neighborhoods, areas, sites, districts, structures and objects which have historic, community, architectural, or aesthetic importance, interest, or value. All inventory material shall be in conformance with standards and guidelines for cultural resource inventory as established by the Missouri State Historic Preservation Office. The city manager's office shall systematically identify potential landmarks and adopt procedures to nominate them in groups based upon the following criteria:

(1)

The potential landmarks in one (1) identifiable neighborhood, district, or distinct geographical area of the city.

(2)

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

(3)

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

(4)

The potential landmarks or historic district containing archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures.

(5)

Such other criteria as adopted to assure systematic survey and nomination of all potential landmarks and historic districts within the city.

(h)

Nomination of landmarks and historic districts.

(1)

Nominations shall be made to the HPC on forms available at the office of the zoning official.

Nomination for a landmark may be submitted by the owner(s) of record of the nominated property or structure.

Nomination for a historic district may be submitted by sixty (60) percent of the owner(s) of record of the nominated properties or structures in a proposed historic district, or by the historic preservation commission or the city council with the written approval from sixty (60) percent of the owner(s) of the nominated properties or structures in the proposed district.

(2)

When nominating a property or area as a landmark or historic district the application shall address the following criteria:

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

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

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

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.

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.

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

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

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.

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.

Its overall setting and harmony as a collection of buildings, structures, or objects where the overall collection forms a unit.

Its suitability for preservation or restoration and its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible.

(3)

The owner(s) of record of the nominated property shall receive notification by ordinary mail both at the property in question and at the address on file with the county collector for the subject property within ten (10) days of a complete nomination being received by the city.

(i)

Public hearing on landmarks and historic districts. Within thirty (30) days of receipt of a completed nomination of a landmark or historic district, the HPC shall hold a public hearing to solicit input and comment on the proposed nomination and guidelines for certificates of appropriateness. Notice of the public hearing shall be given as set forth in subsection 27-57(c) except the sign posted on the affected parcels shall bear thereon the following: "PUBLIC HEARING" and "APPLICATION FOR DETERMINATION FILED WITH THE CITY OF WARRENSBURG HISTORIC PRESERVATION COMMISSION. PUBLIC HEARING WILL BE HELD ON (insert date and time) AT (insert location description and address), WARRENSBURG, MISSOURI." The zoning official may provide for such additional information to be placed on any such sign which would serve to totally inform the public as to the nature of such a determination by the historic preservation commission.

(1)

At the hearing both those in favor and those opposed shall be given an opportunity to be heard.

(j)

Report and recommendation of HPC. The HPC shall, within fifteen (15) days of holding a hearing, adopt by resolution a recommendation stating whether or not the nominated landmark or historic district meets the criteria for designation in this subsection. The recommendation of the HPC shall be sent to the planning and zoning commission within thirty (30) days following the vote on the resolution. The resolution shall be accompanied by a report from the city manager or his/her designee to the planning and zoning commission containing the following information as appropriate:

(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 structural or architectural integrity; or lack thereof, 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 that should be reviewed for appropriateness pursuant to the provisions of subsection 27-176(r).

Statement of the significance of the archaeological resource and recommendations for protection or interpretation.

(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 type and significance of historic and prehistoric archaeological sites within the nominated historic district.

(5)

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

(6)

Any initial recommendations as to appropriate permitted uses, conditional 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.

(7)

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

(8)

Proposal for design guidelines of HPC review of certificates of appropriateness for the nominated landmark or historic district.

(k)

Planning and zoning commission public hearing and consideration. Within forty-five (45) days of receiving the resolution from the HPC and the staff report, the planning and zoning commission shall hold a hearing on the nomination. The hearing 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 hearing shall be as in the same manner as set-forth in subsection 27-176(i). The commission shall review and consider all nominations in an open public meeting. At these meetings both those in favor and those opposed to the nomination shall be given an opportunity to be heard.

(l)

Determination by the planning and zoning commission. Within thirty (30) days following the close of the hearing of the planning and zoning commission, the planning and zoning commission shall pass a resolution making a determination as to whether or not the nominated landmark or historic district meets the criteria for designation. The resolution shall:

(1)

Include the written findings of the commission concerning the relationship between the criteria for designation described in subsection 27-176(g) and the nominated landmark or historic district and all information required by subsection 27-176(h).

(2)

Include the design guidelines for HPC review of certificates of appropriateness for the nominated landmark or historic district.

(3)

Prescribe the significant exterior architectural features; permitted uses; conditional uses; height and area regulations; minimum dwelling size; floor area; sign regulations and parking regulations.

(m)

Notification of determination.

(1)

A copy of the resolution shall be forwarded to the city council.

(2)

Notice of determination of the planning and zoning commission, including a copy of the resolution, shall be sent by regular mail at the same address that the initial notice of nomination was mailed to unless the owner has provided an alternate address in writing to the city for the purpose of this notice to the owner(s) of record of a nominated landmark and owners of all property within a nominated historic district and the nominator within seven (7) 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.

(3)

Notice of determination of the planning and zoning commission, including a copy of the resolution, shall be sent to the HPC, the building official, and the zoning official.

(n)

Appeal. A determination by the planning and zoning commission as to whether or not to designate a property as a landmark or historic neighborhood may be appealed to the city council within forty-five (45) days of the date of mailing a copy of the resolution by delivering a written request for the same to the city manager or his/her designee. In acting upon the appeal, the council may allow an exception to the strict interpretation of this ordinance when such will not materially affect the health or safety of the applicant and general public.

(o)

Designation resolution and zoning map. Upon designation, the landmark or historic district shall receive the supplemental classification "H" for historic district. The official zoning map 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 (overlay) zoning designation and shall not affect in any way the underlying zoning designation.

(p)

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

(q)

Certificates of appropriateness. A certificate of appropriateness is required for any and all of the following activities:

(1)

Any demolition, in whole or in part, construction, alteration, or removal when such activities would require a building permit or demolition permit from the City of Warrensburg.

(2)

Any demolition, in whole or in part, construction, alteration, or removal meeting the definitions as defined in the subsection 27-176(c).

(3)

Any construction, alteration, demolition, or removal which constitutes a significant modification of an exterior architectural feature or appearance as specified in the resolution designating the landmark or historic district.

(4)

Any construction, alteration, or removal involving earth disturbing activities that might affect archaeological sites.

(r)

Applications for certificates of appropriateness. An application for a certificate of appropriateness shall be on a form provided by the city and shall include accompanying plans, site plan, landscaping plan, drawings, elevations, specifications and other information as may be necessary to determine the affect on the significance of a designated historic or of a property within a designated historic district. Applications for certificate of appropriateness for demolition permits shall include plans and specifications for the contemplated use of the property.

(1)

Applications for building or demolition permits for properties designated as a landmark or property within a historic district that are not accompanied by a certificate of appropriateness issued by the HPC shall be forwarded by the building official to the HPC within thirty (30) days following receipt of the permit application. Any scope of work for a building or demolition permit for a landmark or property or structure within a historic district that has been altered since a certificate of appropriateness was issued by the HPC that constitutes a significant modification will be required to be acted upon by the HPC again.

(2)

A building or demolition permit shall not be issued until a certificate of appropriateness has been issued by the HPC. Any applicant may request a meeting with the HPC before the application is reviewed by the HPC or during the review of the application.

(s)

Determination by the historic preservation commission

(1)

HPC shall review the application for a certificate of appropriateness for a building or demolition permit and issue or deny the certificate of appropriateness within forty-five (45) days receipt of the application.

(2)

Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant and the building official within seven (7) days following the determination and shall be accompanied by a copy of the certificate of appropriateness in the case of an approval.

(3)

A certificate of appropriateness shall become void unless construction commences within six (6) months of the date of issuance.

(4)

A certificate of appropriateness shall be issued for a period of eighteen (18) months and are renewable by the HPC.

(5)

A written letter requesting the extension of the time period for the certificate of appropriateness shall be received by the HPC. The written letter shall include the reasons for the extension request and the original plans with any revisions, omissions, or additions. The HPC will respond by mail as to the new extension date for the certificate of appropriateness.

(t)

Standards for review. In considering an application for a certificate of appropriateness for a building or demolition permit, the HPC shall be guided in principal by the secretary of the interior's standards, as follows, in addition to any design guidelines in the resolution designating the landmark or historic district. Applications, standards for review and design guidelines shall be available in the office of the city clerk for distribution to the public.

(1)

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2)

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3)

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(4)

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(5)

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

(6)

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(7)

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(8)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(9)

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterized the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(10)

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(u)

Design guidelines. Design guidelines for applying the criteria for review of certificates of appropriateness shall, at a minimum, consider 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 surround structures within a historic district.

(3)

Relationship of building masses and spaces—The setback and 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 landmark, and with 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 district.

(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 their size and scale and should be compatible with the dominant facade or face of a structure of the surrounding structures. The appearance of a landmark after alteration, 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 architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.

(9)

Signage—The character of signs should be in keeping with the historic architectural character of the landmark or historic district. Character of a sign includes the number, size, area, scale, location, type, letter size or style, and intensity and type of illumination.

(10)

Minimum maintenance—Significant 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 features, or otherwise adversely affect the historic or architectural character of structures within a historic district.

(v)

Appeals. If the HPC denies an application for a certificate of appropriateness, the HPC shall work with the applicant to arrive at a mutually satisfactory alternative to the proposed activities. If agreement cannot be reached within six (6) months, the applicant may file with the city clerk a written appeal to the city council. In acting upon the appeal, the council may grant a variance from the strict interpretation of this ordinance when such will not materially affect the health or safety of the applicant an general public.

(w)

Maintenance of historic properties. Nothing in this section shall be construed to prevent the ordinary maintenance of any building or structure described in subsection 27-176(s). All buildings and structures designated by resolution as "H" shall be preserved against decay and deterioration and free from certain structural defects in the following manner, by the owner thereof or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the defects set forth below. The owner or occupant of any landmark or property or structure within a historic district that permits or allows any landmark or property or structure within a historic district to decay and deteriorate as described in this section shall be guilty of an offense under the code of ordinances and each day is a separate violation.

(1)

The deterioration of exterior walls or other vertical supports.

(2)

The deterioration of roofs or other horizontal members.

(3)

The deterioration of external chimneys.

(4)

The deterioration or crumbling of plasters or mortar.

(5)

The deterioration or ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

(6)

The peeling of paint, rotting, holes, and other forms of decay.

(7)

The lack of maintenance of surrounding environment, fence, gates, sidewalks, steps, signs, accessory structures, and landscaping.

(8)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

(x)

Review of applications for zoning amendments, conditional use permits and variances. Fifteen (15) days prior to any applications for zoning amendments, conditional use permits, or variances for a landmark or property or structures within a historic district being submitted to the planning and zoning commission, said application shall be submitted to the HPC which may review and discuss the application at a regular meeting.

(y)

Public safety exclusion. None of the provisions of this ordinance shall be construed to prevent any measure of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the city pursuant to article VI of chapter 6 of this Code, and where the proposed measures have been declared necessary, by the city to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this paragraph. In the event any structure or other feature shall be damaged by fire or other calamity, or by act of God or by the public enemy, to such an extent that it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 2973, §§ 1—3, 11-14-94; Ord. No. 4255, § 1, 6-11-07; Ord. No. 4558, § 3, 6-14-10; Ord. No. 4631, § 5, 2-14-11; Ord. No. 5075, § 1, 3-9-15)

Warrensburg City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 27-101.- Zoning districts.

(a)

Residential districts. The following residential districts are hereby established:

R-1	Single-family residence district.
R-2	Two-family residence district.
R-3	Low-density multifamily residence district.
R-4	Medium-density multifamily residence district.
R-MH	Mobile home district.

(b)

Commercial districts. The following commercial districts are hereby established:

NB	Neighborhood business district.
BO	Business/office district.
CB	Central business district.
GB	General business district.
AE	Adult entertainment district.

(c)

Industrial districts. The following industrial districts are hereby established:

LI	Light industrial district.
HI	Heavy industrial district.

(d)

The following overlay districts are created:

PUD	Planned unit development, section 27-150.
FH	Flood hazard area, section 27-175.
H	Historic district, section 27-176.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 2858, § 1, 7-12-93)

Sec. 27-105. - R-1 single-family residence district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Off-street parking and driveways.

(4)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of structures in the R-1 district shall be as set out below:

(1)

The total height of buildings shall not exceed two and one-half (2½) stories in height above the average finished ground elevation at the perimeter of such structure.

(2)

(3)

Accessory structures or buildings shall not exceed the height of the principal building.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height when authorized by conditional use permit.

(g)

(1)

Minimum lot area requirements:

Standard size lot: One (1) dwelling—Seven thousand (7,000) square feet.

Reduced size lot: One (1) dwelling—Five thousand five hundred (5,500) square feet.

Nonresidential uses—Nine thousand (9,000) square feet.

(2)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the are at the street right-of-way line.

(3)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from side lot boundary lines:

Standard size lots: No structure is allowed within seven and one-half (7½) feet of a side lot boundary line.

Reduced size lots: No structure is allowed within five (5) feet of a side lot boundary line.

A deck is allowed within ten (10) feet of a rear lot line.

A patio is allowed within two (2) feet of a rear or side lot line.

(i)

Minimum building area. Every dwelling unit in the R-1 district shall have a minimum building area of eight hundred (800) square feet, exclusive of basements, open or screened porches, and garages.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

Sec. 27-106. - R-2 one- and two-family residence district regulations.

(a)

(b)

Statement of intent. The R-2 district is designed to allow low density, one- and two-family residential development. The R-2 district may be utilized for in-fill development areas.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under a conditional use permit.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(4)

Off-street parking and driveways.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of structures in the R-2 district shall be as set out below:

(1)

The total height of buildings shall not exceed two and one-half (2½) stories above the average finished ground elevation at the perimeter of such building.

(2)

(3)

Accessory structures shall not exceed the height of the principal structure.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height when authorized by a conditional use permit.

(g)

(1)

Minimum lot area requirements per dwelling unit:

One (1) dwelling unit:

Standard size lot: One (1) dwelling—Seven thousand (7,000) square feet.

Reduced size lot: One (1) dwelling—Five thousand five hundred (5,500) square feet.

Two (2) dwelling units—Four thousand two hundred fifty (4,250) square feet.

(2)

Minimum lot area requirements for nonresidential uses—Nine thousand (9,000) square feet.

(3)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the arc at the street right-of-way line.

(4)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from side lot boundary lines:

Standard size lots: No structure is allowed within seven and one-half (7½) feet of a side lot boundary line.

Reduced size lots: No Structure is allowed within five (5) feet of a side lot boundary line.

A deck is allowed within ten (10) feet of a rear lot line.

A patio is allowed within two (2) feet of a rear or side lot line.

(i)

Minimum building area. Every dwelling unit in the R-2 district shall have a minimum building area of seven hundred (700) square feet, exclusive of basements, open or screened porches, and garages.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

Sec. 27-107. - R-3 low-density multifamily residence district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(4)

Off-street parking and driveways.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed two and one-half (2½) stories in height above the average finished ground elevation at the perimeter of such building.

(2)

(3)

The height of accessory structures shall not exceed the height of the principal building or structure.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height when authorized by conditional use permit.

(g)

(1)

Minimum lot area requirements per dwelling unit:

For efficiency apartments, twelve hundred (1,200) square feet per unit.

For dwelling units of five hundred (500) or greater square feet, exclusive of basements, open or screened porches, and garages:

Dwelling Units	Minimum Lot Area (in square feet)
Standard size lot: One (1) dwelling	7,000 per unit
Reduced size lot: One (1) dwelling	5,500 per unit
Two	4,250 per unit
Three or more	3,500 per unit

(2)

Minimum lot area requirements for nonresidential uses—Nine thousand (9,000) square feet.

(3)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the arc at the street right-of-way line.

(4)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from side lot boundary lines:

Standard size lots: No structure is allowed within seven and one-half (7½) feet of a side lot boundary line.

Reduced size lots: No Structure is allowed within five (5) feet of a side lot boundary line.

No structure is allowed within twenty (20) feet of a rear lot boundary line, except a detached accessory building may be erected no closer than ten (10) feet of a rear lot line, but must be at least twenty (20) feet behind the front building line.

Light standards for private street lighting, or at points of ingress and egress, but not including parking lot lighting, are allowed no closer than two (2) feet of any street right-of-way.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

A deck is allowed within ten (10) feet of a rear lot line.

A patio is allowed within two (2) feet of a rear or side lot line.

(i)

(1)

That a building containing only one (1) dwelling unit or two (2) dwelling units shall provide a minimum building area of six hundred fifty (650) square feet for each dwelling unit.

(2)

Efficiency apartments as defined in section 27-6 shall provide a building area from three hundred (300) to five hundred (500) square feet per dwelling unit.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

Sec. 27-108. - R-4 medium density multifamily residence district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators and similar devices.

(3)

Satellite antennas, when located inside the setback lines of a side yard or rear yard.

(4)

Off-street parking, and driveways as required by section 27-400.

(5)

Home-based businesses meeting the requirement of section 27-203.

(6)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed four (4) stories above the average finished ground elevation at the perimeter of such building, except in accordance with paragraph (f)(4) below.

(2)

The total height of other structures or equipment attached to structures shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure.

(3)

The height of accessory structures shall not exceed the height of the principal building or structure.

(4)

Buildings exceeding four stories in height may be erected, when constructed in accordance with the Warrensburg Fire Code, and authorized by conditional use permit.

(5)

A public utility tower or other structure determined to be an "essential service" as defined by section 27-4, may be erected to any height when authorized by conditional use permit.

(g)

(1)

Minimum lot area requirements for residential uses:

For efficiency apartments, twelve hundred (1,200) square feet per unit.

For dwelling units of five hundred (500) or greater square feet, exclusive of basements, open or screened porches, and garages:

Dwelling Units	Minimum Lot Area (in square feet)
Standard size lot: One (1) dwelling	7,000
Reduced size lot: One (1) dwelling	5,500
Two	8.500
Three	10,000
Four	11,500
Five	13,0000
Six or more	14,000 plus 1,000 square feet of lot area for each additional unit over six.

(2)

Minimum lot area requirements for nonresidential uses—Nine thousand (9,000) square feet.

(3)

Minimum lot dimension requirements:

Standard size lots: every lot or tract of land shall have a minimum width of sixty (60) feet at the front building line.

Reduced size lots: every lot or tract of land shall have a minimum width of fifty (50) feet at the front building line.

Every lot on a cul-de-sac shall have a minimum width of thirty-five (35) feet, as measured by the length of the arc at the street right-of-way line.

(4)

Any lot or tract of record on the effective date of this chapter which contains at least five thousand (5,000) square feet in area, may nevertheless be used for a single-family dwelling.

(h)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(2)

Setback from lot boundary lines:

Setback from lot boundary lines for lots with one (1) dwelling unit:

Standard size lots with one (1) dwelling unit: No structure is allowed within seven and one-half (7½) feet of a side or rear lot boundary line.

Reduced size lots with one (1) dwelling unit: No structure is allowed within five (5) feet of a side or rear lot boundary line.

Setback from lot boundary lines for lots with two (2) or more dwelling units:

A patio is allowed within two (2) feet of a rear or side lot line.

(3)

Exceptions to setback requirements:

A detached accessory building may be erected no closer than ten (10) feet of a rear lot line, but must be located at least twenty (20) feet behind the front building line.

Light standards for private lighting of streets or at points of ingress and egress, but not including parking lot lighting, are allowed no closer than two (2) feet of any street right-of-way.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

(i)

(1)

That a building containing only one (1) dwelling unit or two (2) dwelling units shall provide a minimum building area of six hundred fifty (650) square feet for each dwelling unit.

(2)

Efficiency apartments as defined in section 27-6 shall provide a building area from three hundred (300) to five hundred (500) square feet per dwelling unit.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

Sec. 27-112. - R-MH manufactured home residence district regulations and design standards.

(a)

Statement of intent. The R-MH manufactured home residence district is designed to allow Class A and Class B manufactured homes within exclusive manufactured home developments.

(b)

Development plan required. A site plan is required for manufactured home developments. Section 27-350 presents submission requirements for site plans.

(c)

Permitted land uses and developments. Land uses and developments permitted within the R-MH district are denoted on the table of permissible uses, section 27-200.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

(1)

Structures such as detached garages, carports, arbors, gazebos, swimming pools, and other accessory structures which are subordinate in use to the permitted use.

(2)

Devices for the generation of energy, such as solar panels, wind generators, and similar devices.

(3)

Recreation facilities for residents.

(4)

Laundry and other service facilities.

(5)

Management office.

(6)

Off-street parking and driveways.

(7)

Satellite antennas, when located in side the setback lines of a side yard or rear yard.

(8)

Home-based businesses meeting the requirement of section 27-203.

(9)

Signs, as permitted by section 27-500.

(f)

Class C mobile homes prohibited.

(1)

Class C mobile homes are not permitted in manufactured home developments.

(2)

A Class C mobile home located in a mobile home park in existence on the effective date of this chapter may remain under the conditions outlined in section 27-28, Nonconforming uses.

(g)

Height limitations. The maximum height of structures in the R-MH residence district shall be as set out below:

(1)

The total height of buildings shall not exceed two (2) stories above the average finished ground elevation at the perimeter of such structure.

(2)

(3)

Accessory structures or buildings shall not exceed the height of the principal building.

(4)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6 may be erected to any height when authorized by conditional use permit.

(h)

Minimum development size. The minimum size of the site on which a manufactured home development may occur shall be three (3) acres.

(i)

Lot size.

(1)

The size of lots within manufactured home developments shall be determined by the size of the manufactured home units, and the "occupied lot area ratios."

(2)

(j)

(k)

(l)

Manufactured home setback and separation.

(1)

Setback from private roadways:

No structure shall be closer than five (5) feet to a private roadway.

Patios shall be located no closer than five (5) feet from a private roadway.

(2)

Setback from side and rear lot lines; unit separation:

A manufactured home unit shall be located no closer than twenty (20) feet from any other manufactured home.

An accessory building shall be located no closer than ten (10) feet from a manufactured home unit.

An accessory building shall be located no closer than ten (10) feet from any other accessory building.

Zero lot line siting. One (1) side yard may be "0" if the remaining side yard is a minimum of twenty (20) feet. A patio shall be located no closer than ten (10) feet from any other patio.

(m)

Perimeter requirements.

(1)

Manufactured home lots and structures shall be located no closer than fifty (50) feet from any abutting public street right-of-way line.

(2)

Setback from abutting property. Manufactured home lots and structures shall be set back at least thirty (30) feet from any other abutting property line.

(3)

(n)

(o)

Landscaping.

(1)

Screening of objectionable views,

Adequate shade,

A suitable setting for the manufactured homes in the development as well as neighboring uses.

(2)

(p)

Lighting. A manufactured home development shall be provided with general outdoor lighting of entrances, exits, roadways, streets, and general storage areas.

(q)

Streets and sidewalks.

(1)

(2)

Each manufactured home space shall be directly accessible from an internal private road, with no direct access to public streets.

(3)

(r)

Parking of vehicles.

(1)

No parking shall be allowed on private roadways or public streets. No person shall park any vehicle on the surface of any roadway or any public street within a manufactured home development.

(2)

Off-street parking shall be provided in the amounts indicated in section 27-406, Table of parking requirements.

(3)

(s)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(t)

Construction standards. Standards for construction of driveways, private roadways, and utility facilities are on file in the department of public works.

(u)

(v)

(w)

Sanitary sewer system. Every manufactured home development shall be connected to the municipal sanitary sewer system.

(x)

(y)

(z)

(aa)

Fire hydrants. Standard fire hydrants shall be provided throughout the manufactured home development in compliance with the Fire Underwriters Code.

(bb)

Building permits; amended site plan.

(1)

Additions to individual manufactured homes or construction of individual accessory buildings not shown on the approved site plan shall require a building permit.

(2)

Construction or reconstruction involving more than one (1) manufactured home space shall require submission of an amended site plan.

(cc)

Rules for occupancy and operation of manufactured home developments.

(1)

(2)

(3)

Conditions of occupancy. Before occupancy by any person every manufactured home in a manufactured home development shall be:

Properly located on a manufactured home space;

Connected to utility systems in and on the manufactured home space;

Installed on a properly engineered foundation system;

(dd)

Duties of owner of manufactured home development. In addition to performing all of the requirements of this chapter, the owners and operators of a manufactured home development shall:

(1)

Maintain the surface of private roadways and off-street parking areas in unbroken condition;

(2)

Maintain private utilities in good operating condition, free of hazards to public health, safety, morals or welfare;

(3)

Maintain the manufactured home development in a manner to be free of accumulated or scattered debris and litter to avoid unsightly or unhealthy conditions.

(4)

(5)

Provide and maintain portable fire extinguishers in the recreation, service and office facilities as provided in the Fire Underwriters Code.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 5759, § 8, 10-24-22)

Sec. 27-115. - NB neighborhood business district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Signs, as permitted by section 27-500.

(4)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed two (2) stories above the average finished ground elevation at the perimeter of such building.

(2)

(3)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-6, may be erected to any height, when authorized by conditional use permit.

(g)

Lot area, lot dimensions, setback and yard requirements. The minimum lot area requirements for land uses and developments in the NB district shall be as set out below:

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area comprising not less than six thousand (6,000) square feet.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of sixty (60) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure is allowed within twenty (20) feet of a side or rear lot boundary line which adjoins property in any residential district.

No structure is allowed within ten (10) feet of any side or rear lot boundary line which adjoins property in any commercial or industrial district.

(5)

Exceptions to setback requirements.

Gas pumps, canopies over gas pumps and light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way.

All exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district, or upon the street right-of-way.

No separate business establishment shall occupy more than ten thousand (10,000) square feet of building area.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, § 2, 7-22-96)

Sec. 27-116. - BO business office district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development, when such accessory building, structure, or use is customarily found in conjunction with the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas as required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Signs, as permitted by section 27-500.

(4)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(5)

(6)

Other accessory uses customarily incident to any permitted use.

(f)

Height limitations. The maximum height of buildings and structures in the BO district shall be as set out below:

(1)

The total height of buildings shall not exceed four (4) stories above the average finished ground elevation at the perimeter of such structure.

(2)

(3)

A public utility tower or other structure determined to be an "essential service" as defined in section 27-4, may be erected to any height when authorized by conditional use permit.

(g)

(h)

Lot area, lot dimensions, setback and yard requirements. The minimum lot area and yard requirements for land uses and developments in the district are set out below:

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area comprising not less than twelve thousand (12,000) square feet.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of one hundred (100) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure is allowed within twenty-five (25) feet of a side or rear lot boundary line which adjoins property in any residential district.

No structure is allowed within ten (10) feet of a side or rear lot boundary line which adjoins property in any commercial or industrial district.

(5)

Exceptions to setback requirements.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district or upon the street right-of-way.

(i)

(j)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, § 2, 7-22-96)

Sec. 27-117. - CB central business district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permits.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas as required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(4)

Signs, as permitted by section 27-400.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed four (4) stories above the average finished ground elevation at the perimeter of such building, except in accordance with paragraph (f)(3) below.

(2)

(3)

Buildings exceeding four (4) stories may be erected, when constructed with automatic fire protection devices in accordance with the Warrensburg Fire Code, and authorized by conditional use permit.

(4)

A public utility tower, or other structure determined to be an "essential service" as defined by section 27-4, may be erected to any height, when authorized by conditional use permit.

(g)

Lot area, and lot dimension requirements. The minimum lot area and yard requirements for land uses and developments in this district are set out below:

(1)

Minimum lot area requirements:

[Nonresidential.] Lots for nonresidential uses shall have an area sufficient to meet applicable setback requirements.

Multiple-family. Lots for multiple-family uses shall contain the following minimum square feet of lot area for each dwelling unit:

Low-rise buildings (2.5 stories or less): Twenty-five hundred (2,500) square feet per dwelling unit; for efficiency apartments, twelve hundred (1,200) square feet per unit.

ii.

High-rise (more than 2.5 stories):

Bedrooms	Square Feet
3 or more	1,000
2	850
1	700
Efficiency	530

[Single-family.] Lots for single-family uses shall contain a minimum of seven thousand (7,000) square feet.

[Two-family.] Lots for two-family uses shall contain a minimum of eight thousand five hundred (8,500) square feet.

(h)

(i)

Yard and setback requirements.

(1)

Setback from streets:

No structure is allowed within ten (10) feet of any street right-of-way line, except as provided below.

(2)

Setback from lot boundary lines. No setback from lot boundary lines is required, except as provided below:

That where such line borders upon an alley adjacent to a rear lot boundary line, structures shall be set back a minimum of ten (10) feet from such alley.

No structure shall extend beyond any sidewalk, except as provided in this section.

No structure is allowed within thirty (30) feet of a lot line adjoining property in any residence district.

(3)

Exceptions to setback requirements:

Light standards for parking lot lighting and gas pumps are allowed no closer than ten (10) feet from any street right-of-way line.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way line.

(j)

(k)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3159, § 3, 7-22-96; Ord. No. 3601, §§3, 5, 2-12-01; Ord. No. 4288, § 1, 9-10-07; Ord. No. 4668, § 2, 8-8-11)

Sec. 27-118. - GB general business district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land uses and developments. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Associated work and storage areas as required, to be located within a completely enclosed building.

(2)

Alternate energy collectors, such as solar panels, wind mills, and similar devices.

(3)

Satellite receiving dish, when located in the rear or side yard of a lot or on the roof of a building.

(4)

Signs, as permitted by section 27-500.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

The total height of buildings shall not exceed two (2) stories above the average finished ground elevation at the perimeter of such building unless authorized by a conditional use permit.

(2)

(3)

A public utility tower or other structure determined to be an "essential service" as defined by section 27-6, may be erected to any height, when authorized by conditional use permit.

(g)

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

(2)

Setback from streets:

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(3)

Setback from lot boundary lines:

For land uses adjacent to the remaining districts, the following setbacks from lot lines shall apply to structures, storage, and display or parking of merchandise, vehicles or equipment:

Adjacent District		Side Lines	Rear Lines
i.	Neighborhood business	15	15
ii.	Business office	15	1
iii.	General business	0	10
iv.	Central business	0	10
v.	Light industrial	0	10
vi.	Heavy industrial	0	10

(4)

Exceptions to setback requirements:

Gas pumps, canopies over drive-through lanes and light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards for parking lot lighting are allowed no closer than fifteen (15) feet of any lot boundary line which adjoins property in any residence district.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way.

All exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residence district, or upon the street right-of-way.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 2928, §§ 1, 2, 5-23-94; Ord. No. 3159, § 2, 7-22-96; Ord. No. 3173, § 1, 9-8-96; Ord. No. 4888, § 1, 10-14-13)

Sec. 27-119. - AE adult entertainment uses; additional regulations.

(a)

(b)

(1)

Adult media stores.

(2)

Adults-only motion picture theaters.

(3)

Adult cabarets.

(4)

Adult entertainment arcades.

(5)

Adult entertainment centers.

(6)

Massage parlors.

(7)

Sex shops.

(c)

Definitions. Whenever used in this section, the following words or phrases shall have the meanings ascribed to them:

Adult media store. An establishment that rents and/or sells adult media, and that meets any of the following three tests:

(1)

Forty (40) percent or more of the gross public floor area is devoted to adult media.

(2)

Forty (40) percent or more of the stock-in-trade consists of adult media.

(3)

Sadomasochistic abuse. Flagellation or torture by or upon a person in the condition of being fettered, bound or otherwise physically restrained.

Sex shop. A business offering goods for sale or rent and that meets any of the following tests:

(1)

(2)

More than five (5) percent of the stock in trade of the business consists of sexually-oriented toys or novelties; or

(3)

More than five (5) percent of the gross public floor area of the business is devoted to the display of sexually oriented adult toys or novelties.

Sexual conduct. Means sexual intercourse, deviate sexual intercourse or sexual contact as those terms are defined in Chapter 566 RSMo and as amended.

Sexual excitement. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

(d)

(1)

Filing fee as set by resolution of the city council.

The correct legal description of the property.

The present zoning district for the property.

The typewritten names, addresses and telephone numbers of all owners and their attorney and their designated representative, if any.

The signatures of all owners, their attorney or their designated representative.

The designated representative shall present proper power of attorney signed by all owners and notarized showing authorization to act on behalf of all owners.

Names and addresses of all property owners within one hundred eighty-five (185) feet of all sides of the subject property.

A written description of the nature of the adult use conditional use permit being sought including the proposed use/s by type, character and intensity.

Development site plan scaled and signed by an engineer or land surveyor registered in the State of Missouri, which shall include:

Name and address of project and the preparer.

Date of issue, north arrow, and scale to which the plan is drawn.

Property lines, lot dimensions, and setback dimensions.

Proposed uses of structures on site including information on the number of seats, employees or other applicable unit to measure the intensity of the proposed uses.

Adjacent land uses.

Dimensions of buildings and distances to other buildings, improvements, property lines, setback lines, driveways.

The location, number, design, and dimension of all parking spaces and loading areas.

Proposed ingress and egress to the site.

Location of the public rights-of-way adjacent to the property. Show adjacent drives.

10.

Location of all easements on the property, existing and proposed.

11.

Note on plans, boundaries of 100-year regulatory floodplain and floodway if any.

12.

Identify site utilities.

13.

Layout and design of the parking areas, including spaces for the disabled, required screening, loading areas and pavement construction details.

14.

Parking area lighting standards, location, and screening.

15.

Landscaping plan delineating location of trees and shrubs identified by type, species and size.

16.

Storm drainage: site grading, storm discharge and detention.

17.

Sidewalks as required by ordinance.

18.

Show dumpster enclosure(s) location, type, and screening.

19.

Show location and details of any proposed signs.

20.

Show location of any proposed fences/walls/retaining walls, decorative, security or otherwise.

21.

Location of nearest fire hydrants.

22.

Fire lanes (minimum eighteen (18) feet wide all weather surface) to reach within one hundred fifty (150) feet of building.

23.

Delineate the architectural details of the proposed structures in accordance with section 27-119(e)(4).

The application for an adult use conditional use permit shall be filed with the zoning official and the zoning official shall:

Check the application for accuracy and return incomplete applications to the applicant within three (3) business days of receipt.

Forward the application to appropriate city staff for review of the application and site plan.

Prepare a recommendation for the planning and zoning commission.

(2)

(3)

City council consideration.

The city council shall not conduct a public hearing with regard to, nor act upon a request until the planning and zoning commission shall have acted on the matter.

(4)

(5)

Penalty for removal or defacing of signs. It is unlawful for any person to tamper with any sign required for public notice.

(e)

(1)

The proposed adult use conditional use permit shall comply with requirements of section 27-118 general business district regulations except as amended in this section.

(2)

The location, nature and height of buildings, structures, walls, and fences on the site; and

The nature and extent of proposed landscaping and buffering on the site.

(3)

Adequate utility, drainage, and other such necessary facilities will be provided.

(4)

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(5)

Location restrictions.

(5)

Access. All access to and from the adult entertainment establishment shall be provided from a street classified as an arterial by the major street plan.

(6)

(7)

(8)

Display of adult media. Adult media in an establishment to which this section is applicable shall be kept in a separate room or section of the store, which room or section shall:

Not be open to any person under the age of eighteen (18);

Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;

Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children;

(9)

Parking and landscaping. Off-street parking and landscaping of those areas shall be provided and conform to the requirements as set forth in article VIII of this chapter.

(10)

Sign requirements. All uses regulated hereunder shall comply with the sign requirements of article IX of this chapter and are further regulated as follows:

All signs shall be flat wall signs.

No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from any public rights-of-way.

No wall sign shall have flashing, blinking, or beacon-type light sources, whether emitting from illuminated signs, or from lamps designed for purposes of attracting attention only.

(Ord. No. 2858 § 2, 7-12-93; Ord. No. 3837, § 1, 10-13-03; Ord. No. 4465, § 1, 6-8-09; Ord. No. 4631, § 3, 2-14-11)

Cross reference— Adult entertainment businesses, Ch. 2.5.

Sec. 27-125. - LI light industrial district regulations.

(a)

(b)

Statement of intent. The LI district is intended primarily for manufacturing industries and other industrial activities in which the impact upon the surrounding land uses and environment is limited.

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in connection with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Dwelling or lodging units, only for watchmen, caretakers, security personnel, or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.

(2)

Individual sewage treatment facilities serving an individual building or use, as approved by the City of Warrensburg and Missouri Department of Natural Resources.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

(2)

Radio, television, communication, or public utility tower, ("essential service" or not) may be erected to any height when authorized by conditional use permit.

(g)

Lot area, yard and density requirements.

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of seventy-five (75) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

For land uses adjacent to the remaining districts, the following setbacks from lot lines shall apply to structures, storage and parking or display of merchandise, equipment or vehicles:

Adjacent District		Side Lines	Rear Lines
i.	Light industrial	0	10
ii.	Heavy industrial	0	10
iii.	General business	0	10
iv.	Central business	0	10
v.	Business office	15	15
vi.	Neighborhood business	15	15

(5)

Exceptions to setback requirements.

Gas pumps, canopies over gas pumps, and light standards for parking lot lighting are allowed no closer than fifteen (15) feet from any street right-of-way line.

Light standards at points of ingress and egress are allowed no closer than two (2) feet from any street right-of-way.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92)

Sec. 27-126. - HI heavy industrial district regulations.

(a)

(b)

(c)

Permitted land uses and developments. The table of permissible uses sets forth land uses and developments which are permitted in the district.

(d)

Conditional land use and development permits. The table of permissible uses sets forth land uses and developments which are allowable under conditional use permit.

(e)

Accessory land uses and developments. Subject to compliance with the procedures of this section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in connection with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use, and serves only to further the successful utilization of the primary use. Accessory uses include the following:

(1)

Dwelling or lodging units, only for watchmen, caretakers, security personnel, or other personnel whose residence is essential to the operation of a permitted or conditional use or uses.

(2)

Individual sewage treatment facilities serving an individual building or use, as approved by the City of Warrensburg and Missouri Department of Natural Resources.

(f)

Height limitations. The maximum height of buildings and structures in this district shall be as follows:

(1)

(2)

Radio, television, communication, or public utility towers ("essential service" or not) may be erected to any height when authorized by conditional use permit.

(g)

Lot area, yard and density requirements.

(1)

Minimum lot area requirements. Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

(2)

Minimum lot dimension requirements. Every lot or tract of land shall have a minimum width of one hundred (100) feet.

(3)

Setback from streets.

No structure is allowed within thirty (30) feet of a local street right-of-way.

No structure is allowed within thirty-five (35) feet of a collector street right-of-way.

No structure is allowed within forty (40) feet of an arterial street right-of-way.

(4)

Setback from lot boundary lines.

No structure, or any storage, display or parking of merchandise, equipment, or vehicles is allowed within one hundred (100) feet of any property line adjoining property in any residential district.

For land uses adjacent to the remaining districts, the following setbacks from lot lines shall apply to structures, storage, and parking or display of merchandise, vehicles and equipment:

Adjacent District		Side Lines	Rear Lines
i.	Heavy industrial	25	25
ii.	Light industrial	25	25
iii.	General business	25	25
iv.	Central business	25	25
v.	Business office	25	25
vi.	Neighborhood business	25	25

(5)

Exceptions to setback requirements.

Light standards at points of ingress and egress are allowed no closer than two (2) feet of any street right-of-way.

(h)

(i)

Sign regulations. Sign regulations are set forth in section 27-500, Sign regulations.

(Ord. No. 2748, § 2, 6-22-92)

Sec. 27-150. - PUD planned unit development overlay district.

(a)

(1)

(2)

A creative and innovative approach to site planning which utilizes the land efficiently, resulting in smaller networks of utilities and streets, and thereby lower development costs.

(3)

(4)

An environmentally sensitive design, which preserves existing natural or unique features, such as trees, watercourses, rock outcrops, and historical and similar irreplaceable assets.

(5)

Open space and recreational amenities developed according to the needs of the residents and/or businesses, and the capacity of the land for such development.

(6)

Lower overall development costs through more efficient use of the land.

(b)

Designation of PUD; approval process.

(1)

(2)

A filing fee as set by resolution of the city council.

The correct legal description of the property.

The present zoning district for the property.

Fourteen (14) copies of the development plan, which shall contain all the requirements of a final plat under section 21-87, in addition to the following:

Proposed uses of structures on site including information on the number of seats, employees or other applicable unit to measure the intensity of the proposed uses.

Dimensions of buildings and distances to other buildings, improvements, property lines, setback lines, driveways.

The location, number, design, and dimension of all parking spaces and loading areas.

Proposed ingress and egress to the site.

Location of the public rights-of-way adjacent to the property. Show adjacent drives.

Layout and design of the parking areas, including spaces for the disabled, required screening, loading areas and pavement construction details.

Parking area lighting standards, location, and screening.

Landscaping plan delineating location of trees and shrubs identified by type, species and size.

Storm drainage: site grading, storm discharge and detention.

10.

Sidewalks as required by ordinance.

11.

Show dumpster enclosure(s) location, type, and screening.

12.

Show location and details of any proposed signs.

13.

Show location of any proposed fences/walls/retaining walls, decorative, security or otherwise.

14.

Location of nearest fire hydrants.

15.

A table verifying that the requirements of subsection 27-150(g) for density and subsection 27-150(p) for open spaces have been satisfied.

If lots are being created that match the exact footprint of a building, the applicant shall submit two (2) full sets of the building plans.

A formal irrevocable offer of the owner for dedication to public use of all public streets, alleys, parks, public lands, shown thereof, and the granting of all easements required;

Two (2) complete sets of construction drawings and specifications of the public improvements at the one (1) inch equals one hundred (100) feet scale;

(3)

The application for a planned unit development conditional use permit shall be filed with the zoning official and the zoning official shall:

Check the application for accuracy and return incomplete applications to the applicant within three (3) business days of receipt.

Prepare a recommendation for the planning and zoning commission.

Place the matter on the agenda of the next regular meeting of the planning and zoning commission occurring forty (40) days or more after a complete and accurate application is filed with the city.

(4)

The criteria to be considered by the planning and zoning commission shall include, but not be limited to the following:

If the proposed planned unit development conditional use is in accordance with the intent of, and furthers and promotes the goals of the city's land use plan;

If the proposed planned unit development conditional use at the specified location will contribute to and promote the welfare or convenience of the public;

If the proposed planned unit development conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

(i)

The location, nature and height of buildings, structures, walls, and fences on the site; and

(ii)

The nature and extent of proposed landscaping and buffering on the site.

(iii)

If adequate utility, drainage, and other such necessary facilities have been or will be provided; and

(iv)

If adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

If the planning and zoning commission cannot reach a decision within the time period, the developer may proceed to subsection 27-150(b)(5).

(5)

City council consideration.

Public notice. The zoning official shall cause public notice of the hearing to be published at least once in a newspaper of general circulation in the City of Warrensburg. Publication shall commence not less than fifteen (15) days before the hearing date. The notice shall include the date, time and place of the hearing, and state that the planned unit development conditional use permit application may be viewed at the municipal building. In addition, the notice shall also provide the following information:

When considering a conditional use permit application, the city council shall consider the criteria outlined in subsection 27-150(b)(4)a. for consideration by the planning and zoning commission.

At the conclusion of the public hearing, the city council may proceed to vote on the proposed ordinance, refer it to a committee for further study; or take any other action consistent with its usual rules of procedure. If the city council does not take final action on a proposed planned unit development conditional use permit within sixty (60) days after final action of the planning and zoning commission, the proposed planned unit development conditional use permit shall be deemed approved.

Any vote of the city council to remove a condition or approve a plat disapproved by the planning and zoning commission shall require a four-fifths (4/5) approval for passage.

(6)

Prior to approval of the development plan by the city council, the developer shall agree in writing, in a form provided by the City of Warrensburg, that he/she will:

(7)

(c)

(d)

Minimum project size. The minimum size of the site on which a planned unit development may occur shall be two (2) acres.

(e)

Land uses and developments.

(1)

(2)

(3)

(f)

Height limitations.

(1)

The height limitations for structures in PUDs shall be the same as those for the underlying zoning district.

(2)

(g)

Density and lot sizes.

(1)

(2)

District	Units Per Net Acre
R-1	6
R-2	6
R-3	14
R-4	22