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Warrensburg City Zoning Code

ARTICLE IV

PERMISSIBLE USES

Sec. 27-200.- Table of permissible uses.

The table of permissible uses should be read in close conjunction with the definitions of terms set forth in section 27-4 and the other interpretive provisions set forth in this article.

ZONING DISTRICTS
DESCRIPTION OF USES R1 R2 R3 R4 RMH BO NB CB GB LI HI
1.000 RESIDENTIAL
1.100 Single-Family Dwellings
1.110 Single-family detached, one dwelling unit per lot
1.111 Site-built and modular structures Z Z Z Z Z C C
1.112 Class "A" Manufactured home Z
1.113 Class "B" Manufactured home Z
1.114 Class "C" Mobile home (not allowed)
1.120 Single-family detached, more than one dwelling unit per lot
1.121 Manufactured home park Z
1.130 Single-family semi-detached, one dwelling unit per lot Z Z Z C C
1.140 Single-family attached, one dwelling unit per lot Z Z C
1.200 Two-Family Dwellings
1.210 Two-family conversion Z Z Z Z Z
1.220 Duplex Z Z Z C C
1.230 Semi-detached units Z Z Z C C
1.300 Multi-Family Dwellings
1.310 Multi-family conversion Z Z Z Z
1.320 Multi-family townhouses, rowhouses Z Z Z C C
1.330 Multi-family apartments, street level Z Z Z C C
1.335 Multi-family apartments, basement, second or higher floors Z Z Z Z C
1.340 Attached units, street level Z Z Z C C
1.345 Attached units, basement, second or higher floors Z Z Z Z C
1.400 Homes emphasizing special services, treatment, or supervision
1.410 Group home Z Z Z Z Z
1.420 Board and care nursing home, Boarding home for sheltered care C C C C Z Z Z
1.500 Shared Residential Facilities
1.510 Community residence Z Z Z C
1.520 Fraternity, sorority C C C
1.530 Homeless shelter Z Z Z C
1.600 Miscellaneous, rooms for rent situations
1.610 Rooming houses, boarding houses Z Z
1.620 Bed and breakfast inn, short-term rental C Z Z Z Z Z Z
1.630 Hotels, motels, and similar businesses or institutions providing overnight accommodations C C Z Z
1.640 Camping areas, travel trailer parks, RV parks C
2.000 SALES AND RENTAL OF GOODS, MERCHANDISE AND EQUIPMENT
2.100 Business where no storage; or only storage or display within fully enclosed building
2.110 Miscellaneous Z Z Z Z
2.120 Healthcare merchandise and equipment Z Z Z Z Z
2.130 Furniture stores Z Z Z
2.200 Business where storage and display of goods outside a fully enclosed building allowed
2.210 Wholesale sales Z Z
2.220 Miscellaneous Z Z
3.000 OFFICE, CLERICAL, RESEARCH AND SERVICES NOT PRIMARILY RELATED TO GOODS OR MERCHANDISE
3.100 All operations conducted entirely within fully enclosed building
3.110 Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys and other professions, insurance and stock brokers travel agents, government office buildings Z Z Z Z Z
3.120 Operations designed to attract little or no customer or client traffic other than employ of the entity operating the principal use Z Z Z Z Z Z
3.130 Office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area Z Z Z Z Z
3.140 Laboratory and health services Z Z Z Z
3.200 Operations conducted within and/or outside a fully enclosed building
3.210 Operations designed to attract and serve customers or clients on the premises Z Z
3.220 Operations designed to attract little or no customer or client traffic other than the employees of the entity operating the principal use Z Z Z
3.230 Banks with drive-in windows Z Z Z Z
4.000 MANUFACTURING, PRINTING, PROCESSING, CREATING, REPAIRING, RENOVATING, PAINTING, CLEANING, ASSEMBLING OF GOODS, MERCHANDISE AND EQUIPMENT
4.100 All operations conducted entirely within a fully enclosed building
4.110 Majority of dollar volume of business done with walk-in trade Z Z Z
4.120 Majority of dollar volume of business not done with walk-in trade Z Z Z
4.200 Operations conducted within or outside a fully enclosed building Z Z Z
4.300 Stockyards, Slaughterhouses, Rendering Plants C
5.000 EDUCATIONAL, CULTURAL, RELIGIOUS, PHILANTHROPIC, SOCIAL, FRATERNAL USE
5.100 Schools
5.110 Elementary and secondary (including associated grounds and athletic and other facilities) Z Z Z Z Z Z Z Z Z
5.120 Trade or vocational schools Z Z Z Z Z Z Z Z Z Z
5.130 Colleges, universities, community colleges, (including associated facilities such as dormitories, on-campus fraternities/sororities, office buildings, athletic fields, etc.) Z Z Z Z Z Z Z Z Z Z
5.200 Churches, synagogues, and temples (including associated residential structures for religious personnel and associated buildings, but not including elementary school or secondary school buildings Z Z Z Z Z Z Z Z Z Z
5.300 Libraries, museums, art galleries, art centers, and similar uses (including associated education and instructional activities)
5.310 Located in building designed as a residence, or in building under 3,500 square feet Z Z Z Z Z Z Z Z Z
5.320 Located in any permissible structure Z Z Z Z
5.400 Social, fraternal clubs and lodges, union halls, similar uses Z Z Z
5.500 Day care centers, preschools Z Z Z Z Z
5.510 Day care, limited C C
5.600 Philanthropic or charitable institution C C Z Z Z Z
5.700 Convention Center C Z
6.000 RECREATION, AMUSEMENT, ENTERTAINMENT
6.100 Activity conducted entirely within building or substantial structure
6.110 Bowling alleys, skating rinks, indoor tennis and racquetball courts, billiard and pool halls, indoor athletic and exercise facilities and similar uses Z Z Z Z
6.120 Movie theaters Z Z Z Z
6.130 Coliseums, stadiums and all other facilities listed in the 6.100 classification designed to seat or accommodate simultaneously more than 1,000 people C C
6.140 Community center C C C C C C C C C C
6.150 Shooting, archery, or weapons range where all discharge of firearms or projectile weapons occurs entirely within a fully enclosed building C Z Z
6.200 Activity conducted primarily outside enclosed buildings or structures
6.210 Privately owned outdoor recreational facility such as golf and country clubs, swimming or tennis clubs, etc. C C C C C C C C C C
6.220 Publicly-owned and operated outdoor recreational facilities such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc. C C C C C C C C C
6.230 Golf driving ranges not accessory to golf courses, miniature golf courses, skateboard parks, go-cart tracks, water slides, and similar uses Z Z
6.250 Automobile and motorcycle racing tracks C C
6.260 Drive-in movie theaters C C C
6.270 Shooting, archery, or weapons range where all discharge of firearms or projectile weapons occurs partially or entirely outside of a fully enclosed building C C
7.000 INSTITUTIONAL RESIDENCE OR CARE OR CONFINEMENT FACILITIES
7.100 Hospitals; clinics and other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area C C Z Z Z
7.200 Nursing homes or institutions, intermediate care institutions, handicapped or infirm institutions, residential care and treatment facilities, facilities for the treatment of substance abuse C C Z Z Z Z Z
7.210 Halfway houses Z
7.300 Institutional children's homes C C Z Z Z Z
7.400 Penal and correctional facilities C C
7.410 Prerelease centers Z
8.000 RESTAURANTS, BARS, NIGHT CLUBS
8.100 Sit-down establishment (indoor or outdoor) with no drive-thru, drive-in, delivery service, or substantial carry-out service C C Z Z C
8.200 Sit-down establishment (indoor or outdoor) with one or more combination of drive-through, drive-in, delivery service, or carry-out service C C Z Z C
8.300 Establishment with no dine-in seating and with one or more combination of drive-through, drive-in, delivery service, carry-out service or general assembly use C Z Z C
9.000 MOTOR VEHICLE-RELATED SALES AND SERVICE OPERATIONS
9.100 Motor vehicle sales or rental Z Z Z
9.200 Sales with installation of motor vehicle parts or accessories (such as tires, mufflers, etc.) C Z Z Z
9.300 Motor vehicle repair and maintenance, not including substantial body work C Z Z Z Z
9.400 Motor vehicle painting and body work C Z Z
9.500 Retail gasoline sales Z Z Z Z
9.600 Car wash Z C Z Z
9.700 Mobile home sales; sales of recreational vehicles Z Z
10.000 STORAGE AND PARKING
10.100 Automobile parking garages or parking lots not located on a lot on which there is another principal use to which the parking is related Z Z Z Z Z Z
10.200 Storage of goods not related to sale or use of those goods on the same lot where they are stored
10.210 All storage within completely enclosed structures Z Z Z Z Z
10.220 Storage inside or outside completely enclosed structures Z Z Z
10.300 Parking of vehicles or storage of equipment OUTSIDE enclosed structures where (i) vehicles equipment are owned and used by the person making use of the lot, and (ii) parking or storage is more than a minor and incidental part of the overall use made of the lot Z Z Z
11.000 RECYCLING INDUSTRIES, SCRAP MATERIALS SALVAGE YARDS, AUTOMOBILE GRAVEYARDS, JUNKYARDS C C
12.000 SERVICES AND ENTERPRISES RELATED TO ANIMALS
12.100 Veterinarian, animal hospital, kennel Z Z
12.200 Pet daycare center
12.210 Pet daycare center where all operations are conducted entirely within a fully enclosed building Z Z Z Z Z
12.220 Pet daycare center where operations are conducted within or outside of a fully enclosed building C C C Z Z
13.000 EMERGENCY SERVICES
13.100 Police Stations C C C C C C C C C C C
13.200 Fire Stations C C C C C C C C C C C
13.300 Rescue squad, ambulance service C C C C C C C C C C C
13.400 Civil defense operation C C C C C C
14.000 AGRICULTURAL, COMMERCIAL GREENHOUSE, QUARRYING, MINING OPERATIONS
14.100 Agricultural operations, farming
14.110 Excluding livestock C C C
14.200 Commercial greenhouse operations
14.210 No on-premise sales Z Z Z Z
14.220 On-premise sales permitted Z Z Z
14.300 Mining or quarrying operations, including on-site sales of products C C
14.400 Concrete batch plants, asphalt plants C
14.500 Community garden Z Z Z Z Z Z C
15.000 OPEN AIR MARKETS AND HORTICULTURAL SALES
15.100 Open air markets (farm and craft markets, produce markets, flea markets) Z Z Z
15.200 Plant nurseries, garden centers, and other horticultural sales with outdoor display Z Z Z Z
16.000 MISCELLANEOUS PUBLIC AND SEMI-PUBLIC FACILITIES
16.100 Post office Z Z Z Z
16.200 Airport C C
16.300 Sanitary landfill C C
16.400 Military Reserve, National Guard Centers Z Z Z
17.000 DRY CLEANER, LAUNDROMAT Z Z Z
17.110  Z Z Z
17.120  Z Z Z
18.000 UTILITY FACILITIES
18.100 Neighborhood utility facilities C C C C C Z Z Z Z Z Z
18.200 Community or regional facilities C C C C C C C C C C C
18.300 Utility scale solar energy system C C C
18.400 Small scale wind energy collection system over 60 feet in height C C C C C C C C C C C
18.410 Utility scale wind energy collection system. C C C
19.000 TOWERS AND RELATED STRUCTURES
19.100 Towers within height limits of the zoning district C C C C C C C C C C C
19.200 Towers exceeding the height limits of the zoning district C C C C C C C C C C C
19.300 Receive-only earth stations Z Z Z Z Z Z
19.400 Amateur radio towers and antenna support structures at or below 60 feet in height Z Z Z Z Z Z Z Z Z Z Z
19.500 Amateur radio towers and antenna support structures exceeding 60 feet in height C C C C C C C C C C C
20.000 FUNERAL HOME Z Z Z
21.000 CEMETERY C C C C C C C C
22.000 TEMPORARY STRUCTURES & USES USED IN CONNECTION WITH THE CONSTRUCTION OF A PERMANENT BUILDING OR DEVELOPMENT OR FOR SOME NON-RECURRING PURPOSE Z Z Z Z Z Z Z Z Z Z Z
23.000 BUS STATION Z Z Z
24.000 BULK FUEL SALES AND STORAGE C
25.000 OFF-PREMISE SIGNS Z Z Z
26.000 PLANNED UNIT DEVELOPMENT C C C C C C C C C C C
27.000 ADULT ENTERTAINMENT USES
27.100 Adults-only motion picture theaters, adult cabarets, adult entertainment arcades, adult entertainment centers, massage parlors AC
27.200 Adult media stores, sex shops AC
28.000 MARIJUANA RELATED USES
28.100 Marijuana Dispensary Facility, entirely within enclosed building Z Z Z Z Z
28.200 Marijuana Cultivation Facility
28.210 Entirely within enclosed building Z Z
28.220 Cultivation inside or outside a building allowed C C
28.300 Marijuana-Infused Products Manufacturing Facility, Marijuana Testing Facility, Microbusiness Wholesale Facility entirely within enclosed building with or without dispensary
28.310 Majority of dollar volume of business done with walk-in trade Z Z Z
28.320 Majority of dollar volume of business not done with walk-in trade Z Z Z
28.400 Medical Marijuana Transportation Facility Z Z Z Z Z

 

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 2928, § 3, 5-23-94; Ord. No. 3295, § 3, 1-12-98; Ord. No. 3296, §§ 1, 2, 1-12-98; Ord. No. 3514, § 1, 3-20-00; Ord. No. 3537, § 2, 6-12-00; Ord. No. 3800, § 2, 7-14-03; Ord. No. 3837, § 3, 10-13-03; Ord. No. 4050, § 1, 9-15-05; Ord. No. 4472, § 1, 6-22-09; Ord. No. 4475, § 2, 7-13-09; Ord. No. 4668, § 1, 8-8-11; Ord. No. 4703, § 2, 1-9-12; Ord. No. 4716, § 1, 2-13-12; Ord. No. 4748, § 1, 5-14-12; Ord. No. 4749, § 1, 5-14-12; Ord. No. 4776, § 2, 9-10-12; Ord. No. 4794, § 2, 12-10-12; Ord. No. 5171, § 2, 9-28-15; Ord. No. 5197, § 1, 1-11-16; Ord. No. 5207, § 2, 3-14-16; Ord. No. 5494, § 2, 1-14-19; Ord. No. 5524, § 3, 7-8-19; Ord. No. 5588, § 2, 7-13-20; Ord. No. 5649, § 3, 4-26-21; Ord. No. 5691, § 1, 1-10-22; Ord. No. 5775, § 3, 2-13-23; Ord. No. 5825, § 2, 12-11-23)

Sec. 27-201. - Permissible uses.

(a)

Use of the designation Z, C, and AC in the table of permissible uses. When used in conjunction with section 27-200 (table of permissible uses) the following letter designations indicate the procedure required:

"Z" means that the use is permissible in the indicated zone with a zoning permit issued by the zoning official.

"C" means a conditional use permit must be obtained from the city council.

"AC" means an adult use conditional use permit must be obtained from the city council pursuant to section 27-119 of this Code.

(b)

Permissible uses and specific exclusions.

(1)

The presumption established by this chapter is that the uses of land permissible within the City of Warrensburg are listed in the table of permissible uses. Furthermore, land uses which are permissible within each zoning district have similar impacts.

(2)

Uses of land that are not listed in the table of permissible uses are prohibited. Nor shall the table of permissible uses be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

(3)

Churches, synagogues, temples and similar places of worship (including associated residential structures for religious personnel and associated buildings) may be located in any zoning district.

(4)

Municipal properties, including land, buildings, or premises owned, rented or leased by the City of Warrensburg are exempt from provisions of this ordinance while occupied or employed for public purposes in municipal rights, obligations, or pursuits, but such city property which is rented or leased to private persons must comply with all applicable provisions of this title [chapter].

(c)

Permissible uses not requiring permits. Notwithstanding any other provisions of this chapter, no zoning or conditional use permit is necessary for the following uses:

(1)

Streets.

(2)

Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(3)

Neighborhood utility facilities located within a preexisting public right-of-way.

(d)

Change in use.

(1)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on the property changes. This occurs whenever:

a.

The change involves a change from one principal use category to another.

b.

If there is only one (1) business or enterprise conducted on the lot, that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use category as the previous type of business).

i.

For example, if there is only one (1) building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.11. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed.

ii.

If the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one (1) business on the lot and the essential character of the activity conducted on that lot (shopping center—combination use) has not changed.

(2)

A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a substantial change in use. Whether a change in use occurs shall be determined by comparing the two (2) active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than three hundred sixty-five (365) consecutive days or has been abandoned.

(3)

A mere change in ownership of a business or enterprise or change in the name shall not be regarded as a change in use.

(e)

The most specific use classification controls. Whenever a use could fall within more than one (1) use classification in the table of permissible uses, the classification that most closely and most specifically describes the use controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130 "office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area" more specifically covers this use and therefore is controlling.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3837, § 4, 10-14-03)

Sec. 27-202. - Accessory uses.

(a)

The table of permissible uses classifies different principal uses according to their different impacts. A property, lot, or tract may have only one (1) principal use at a time. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on the property, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a restaurant is customarily associated with and integrally related to a hotel or motel, and would be regarded as accessory to a hotel/motel use, and thus allowed with a zoning permit in the BO district. However, if developed apart from a hotel/motel development, public restaurant facilities would only be allowed in the BO business office district with a conditional use permit. In no event shall two (2) primary, unrelated uses occur upon any lot, tract or property in any zoning district.

(b)

For purposes of interpreting subsection (a):

(1)

A use may be regarded as incidental or insubstantial if it is secondary to the principal, or primary, use; is subordinate to the primary use; or is insubstantial in and of itself.

(2)

To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of the relationship of the two (2) uses.

(c)

Examples of uses and activities regarded as accessory to principal uses are specified in the district regulations.

(d)

Home-based businesses. Regulations governing home-based businesses in residential dwellings in residential districts are presented in section 27-203.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 4441, § 1, 3-9-09; Ord. No. 5759, § 9, 10-24-22)

Sec. 27-203. - Home-based businesses in residential districts.

(a)

Intent and purpose. The intent of this section is to allow home-based businesses in residential districts to operate in a manner that:

(1)

Ensures the compatibility of the home-based business with the residential neighborhood in which they are located;

(2)

Maintains and preserves the residential character of residential neighborhoods; and

(3)

Guarantees all residents freedom from excessive noise, excessive traffic, parking congestion, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.

(b)

No impact, home-based business. Home-based businesses are allowed as no-impact, home-based businesses in residential districts in the City of Warrensburg. No zoning authorization or home occupation permit is required to operate a no-impact, home-based business in a residential dwelling in a residential district so long as the following performance standards are satisfied. It shall be considered an offense to operate a business in a residential dwelling in violation of one (1) or more of the following standards;

(1)

The total number of employees and clients onsite at one (1) time does not exceed the occupancy limit for the residential dwelling.

(2)

The activities of the business:

a.

Are limited to the sale of lawful goods and services;

b.

May involve having more than one (1) client on the property at one (1) time;

c.

Do not cause a substantial increase in traffic through the residential area;

d.

Do not violate any parking regulations established by the City of Warrensburg;

e.

Occur inside the residential dwelling or in the yard of the residential dwelling;

f.

Are not visible from the street;

(3)

One (1) sign pertaining to the no impact, home-based business shall be allowed. The sign shall be attached flat against the building, shall not be illuminated, and shall not exceed four (4) square feet in area.

(4)

All no impact, home-based businesses shall provide a sufficient number of off-street parking spaces to accommodate the primary use of the building as well as the number of vehicles associated with the no impact, home-based business. Parking for no impact, home-based businesses shall comply with the following standards:

a.

Parking generated by the conduct of a no impact, home-based business shall be subject to one (1) off-street parking space per three hundred (300) square of no impact, home-based business space or one (1) space per each non-resident employee, whichever is greater.

b.

For single-family and two-family dwellings, required off-street parking for no impact, home-based businesses is in addition to the required parking set forth in section 27-406 for the residential use.

c.

Parking generated by no impact, home-based businesses within multi-family buildings shall not exceed more than five (5) percent of the required off-street parking for the building.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 5648, § 1, 4-26-21; Ord. No. 5759, § 10, 10-24-22)