Webb City City Zoning Code
ARTICLE II
Establishment of Districts and District Provisions
Section 405.030 General Provisions.
[Ord. No. 6924 §§1—3(9-11), 2-22-1999; Ord. No. 6940 §1(C), 8-9-1999]
A.
Zones. The following zones and regulations are imposed within the incorporated limits of the City:
1.
Agricultural.
"A-1" Agricultural District
2.
Residential.
"R-1" Single-Family District
"R-2" Two-Family District
"R-3" Multiple Family District
"M" Mobile Home District
"PUD" Planned Unit Development District
3.
Commercial.
"C-1" Neighborhood Commercial District
"C-2" General Commercial District
"C-3" Planned Shopping Center District
4.
Industrial.
"I-1" Restricted Light Industrial District
"I-2" Light Industrial District
"I-3" Heavy Industrial District
5.
Madison Street Overlay District plan.
B.
Zoning Map. Said districts are bounded and defined as shown on a map entitled "Zoning Map for the City", adopted by the City Council and certified by the City Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of the zoning law and regulation of the City. The Zoning Map shall be kept and maintained by the City Clerk and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.
C.
Rules For Interpretation Of District Boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, the following rules shall apply:
1.
Where district boundaries on the Zoning Map are indicated as approximately following the centerlines of streets, streams, highways or railroads, such boundaries shall be deemed to be located at such midpoints.
2.
Where district boundaries are so indicated that they approximately follow lot lines or section lines, such lines shall be construed to be said boundaries.
3.
Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the City unless otherwise indicated.
D.
A structure or the use of a structure or premises which was lawful before the passage or amendment of the zoning ordinance but which is not in conformity with the provisions of this Article may be continued subject to the following conditions:
1.
If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to the zoning ordinance. The City Water Department shall notify the Building Official in writing of instances where City services have been discontinued for a period of six (6) months.
2.
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
E.
In interpreting and applying the provisions of this zoning ordinance, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent of this zoning ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties or any Statute, local ordinance or regulation, except that, if this zoning ordinance imposes a greater restriction or higher standard, this zoning ordinance shall control.
F.
If any Section, Subsection, sentence, clause or phrase of this zoning ordinance is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this zoning ordinance.
G.
All rights or remedies of the City are expressly saved as to any and all violations of previous zoning regulations or amendments thereto that have accrued at the time of the effective date of this zoning ordinance; and to such accrued violations, the City and the courts shall have all the powers that existed prior to the effective date of this zoning ordinance; and such accrued violation shall not become legal non-conforming uses under this zoning ordinance but shall be violations of this zoning ordinance in the same manner that they were violations of prior zoning regulations.
Section 405.040 Application of Regulations.
[Ord. No. 6924 §§1—3(9-12), 2-22-1999]
Except as hereinafter provided, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
Section 405.050 Agricultural District.
[Ord. No. 6924 §§1—3(9-13), 2-22-1999]
A.
General Description. This district is intended to provide a zoning area for the land situated on the fringe of the urban area, within the jurisdictional limits of the City, that is used for agricultural purposes but may be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development than is authorized in other districts. The types of uses, area and intensity of use of land which are authorized in this district are designed to encourage and protect any agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.
B.
Uses Permitted. In the "A-1" Agricultural District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Any use permitted in District "R-1".
2.
Farming, dairy farming, livestock (except hogs and swine), poultry raising, game birds, pasturing of livestock and all uses commonly classed as agricultural with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses and with no restrictions as to the sale or marketing of products raised on the premises, provided that any building, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry shall be located at least three hundred (300) feet from a District "R-1" to "R-3" or a District "P" and subject to all other provisions of this Code.
3.
Private clubs, provided the site for such club shall be at least two (2) acres in size and no building or structure shall be located less than fifty (50) feet from a property line.
4.
Fish hatcheries, apiaries, aviaries.
5.
Fishing lakes and picnic groves, provided no concession or retail sales shall be permitted.
6.
Forests and wildlife reservations or similar conservation projects.
7.
Fur farming for the raising of fur-bearing animals, excluding skunks and civet cats.
8.
Hospitals, sanitariums and homes for the aged.
9.
Mushroom barns and caves.
10.
Nurseries, greenhouses and truck gardens.
11.
Philanthropic or eleemosynary institutions.
12.
Accessory uses, including repair shops, sheds, garages, barns, silos, irrigation wells and pumps, bunkhouses and other incidental dwellings, buildings and structures customarily required for farming purposes.
C.
Uses Permitted On Review.
1.
Churches or similar places of worship, with accessory structures.
2.
Public schools and institutions of higher learning.
3.
Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members and not for gain.
4.
Signs or displays, not exceeding two (2) in number advertising the residential, commercial or industrial development of the land on which the sign or display is situated. All signs or displays shall be removed immediately upon completion of the development, but in no case shall they be permitted to remain longer than three (3) years from the date of issuance of the special permit. The type, location and lighting of the sign or display shall be such as to not be detrimental to the use of adjacent properties or to restrict sight distances on public streets.
5.
Athletic fields.
Section 405.060 "R-1" Residential Districts.
[Ord. No. 6924 §§1—3(9-14), 2-22-1999; Ord. No. 10-005 §§1—2, 4-12-2010]
A.
General Description. The "R-1" Residential District is intended primarily for the promotion and proper development of low density areas of single-family dwellings. It also shall provide for those uses which reinforce residential neighborhoods.
B.
Uses Permitted. In the "R-1" Residential District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Single-family dwellings, but not including trailer houses or mobile homes.
2.
Public schools and institutions of higher education, public libraries.
3.
Public parks and public playgrounds.
4.
Municipal buildings and philanthropic or eleemosynary institutions other than camp, hospital, sanitarium, correctional institution or institutions for the insane, subject to review and permit by the Zoning and Planning Commission to insure conformity to the intent of this Section.
5.
Customary home occupations, provided that there shall be no external evidence of such occupations except a small announcement of profession not over two (2) square feet in area attached to the main or accessory building.
6.
Church or public building bulletin board not exceeding ten (10) square feet in area and temporary signs not exceeding six (6) square feet in area pertaining to the lease, hire or sale of the building or premises where the sign is located.
7.
Temporary building for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work.
8.
Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.
9.
Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
C.
Area Regulations.
1.
Required lot area.
a.
Single-family dwelling, not served by sanitary sewer system, one (1) acre, unless a County and/or State Health Officer approves a sanitary system that can be installed on a lesser-sized lot.
b.
Single-family dwelling, served by sanitary sewer system, four thousand five hundred (4,500) square feet and a minimum of fifty (50) feet in width for lots platted prior to 1997. Minimum size for lots platted in 1997 or thereafter shall comply with Section 410.520.
c.
All other permitted uses. The area and sanitation system requirements as approved by the County and/or State Health Officer and Zoning and Planning Commission.
2.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot. Detached accessory buildings, not used as dwellings, can be located in a rear yard and shall have clearance of at least five (5) feet from side to rear lot lines and may not be located within a public easement. An accessory building attached in any structural manner to the principal structure must conform to the side and rear requirements for principal structures.
3.
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
a.
Front yard depth twenty (20) feet; however, a fifteen (15) foot yard depth on a corner lot may be permitted.
b.
Each side yard width to be a maximum of ten percent (10%) of the lot width, except that a width greater than fifteen (15) feet shall not be required, nor will a width of less than eight (8) feet be permitted.
c.
Rear yard depth twenty (20) feet, except rear yard depth of a corner lot may be fifteen (15) feet.
D.
Height Regulations. No building shall be erected or enlarged to exceed two and one-half (2½) stories, excluding basement or twenty-five (25) feet.
Section 405.070 "R-2" Two-Family Residential Districts.
[Ord. No. 6924 §§1—3(9-15), 2-22-1999]
A.
General Description. The "R-2" Residential District is intended primarily for the promotion and proper development of moderate density residential areas consisting of primarily two-family dwelling units. This district may include entire neighborhoods or, when used in accordance with the intent of the Comprehensive Plan, may provide a "buffer" district between lower and higher density residential districts.
B.
Uses Permitted. In the "R-2" Residential District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
C.
D.
Height Regulations. Building height will be the same as "R-1" District.
E.
Parking Regulations. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280.
F.
Variances. Same as "R-1" District.
Section 405.080 "R-3" Multiple-Family Residential Districts.
[Ord. No. 6924 §§1—3(9-16), 2-22-1999]
A.
General Description. The "R-3" Residential District is intended primarily for the promotion and proper development of high density residential areas with residential options including single-family dwellings, two-family dwellings (duplexes), condominiums and garden apartments along with facilities necessary to support a balanced residential community.
B.
Uses Permitted. In the "R-3" Multiple-Family Residential District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
C.
Use Permitted On Review. Nursing home or home for the aged.
D.
Area Regulations.
1.
Required lot area. No dwelling shall be established on a lot having an area or width less than specified for single-family residences in "R-1" Districts, provided however, that each separate development shall not exceed a density of fourteen (14) dwelling units per gross acre of lot.
2.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot.
3.
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
4.
Distance between buildings on same plot. No principal building shall be closer to any other principal building than the average of the heights of said buildings.
E.
Height Regulations. Building height may be three (3) stories but not exceeding forty (40) feet.
F.
Parking Regulations. No front yard shall be used for the parking or storage of any motor vehicle. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading for all other information, Section 405.280.
G.
Variances. Same as "R-1" District.
Section 405.090 "M" Mobile Home Districts.
[Ord. No. 6924 §§1—3(9-17), 2-22-1999]
A.
General Description. The "M" Mobile Home District is intended primarily for the promotion and proper development of medium density residential areas of manufactured homes which is compatible with surrounding residential neighborhoods. The Mobile Home District is residential in nature and should be located where services and amenities for this type of development are available.
B.
Uses Permitted. In the "M" Mobile Home District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
All uses permitted in "R-3" Districts.
2.
Mobile home parks.
3.
Accessory buildings customarily incidental and subordinate to the use of mobile homes, including buildings housing such facilities as laundromats, nurseries, etc., but only when such facilities are intended for the use of persons residing within the district.
Section 405.100 "PUD" Planned Unit Development District.
[Ord. No. 6924 §§1—3(9-18), 2-22-1999]
A.
General Description. The "PUD" District is established to permit greater flexibility and more creative and imaginative design for the development of residential, commercial and industrial areas than may be possible in their respective zoning districts. The "PUD" District is intended to promote a harmonious variety of land use choices, a higher level of amenities and preservation of natural qualities of open spaces. Within the "PUD" District a variety of land uses may be permitted in an orderly relationship to one another and to existing land uses, as well as with due regard to comprehensive planning within the City. The "PUD" District may be permitted only in areas where public water and sewer are available and must be of a minimum acreage as specified in this Section. The land uses permitted in this district and lot and structure requirements shall be as set forth by the following Section and the Planning and Zoning Commission review.
C.
Administrative Procedure. A PUD must follow subdivision platting requirements as set forth in Chapter 410, and public notification as set forth in Section 405.510(D) must be made.
D.
Area Regulations.
1.
Residential districts.
a.
Required area. A PUD in a residential district shall be a minimum of two (2) acres.
b.
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the total area. In addition, twenty percent (20%) of the total area must be left in undivided open space not used for parking.
2.
Commercial districts.
a.
Required area. A PUD in a commercial district shall be a minimum of two (2) acres.
b.
Percentage of lot coverage. All buildings, including accessory building, shall not cover more than fifty percent (50%) of the total area. In addition, fifteen percent (15%) of the total area must be left in undivided open space not used for parking.
3.
Industrial districts.
a.
Required area. A PUD in a industrial district shall be a minimum of ten (10) acres.
b.
Percentage of lot coverage. All buildings, including accessory building, shall not cover more than sixty percent (60%) of the total area. In addition, ten percent (10%) of the total area must be left in undivided open space not used for parking.
E.
Height Regulations.
1.
Residential districts. Building height not to exceed twenty-five (25) feet unless a lower or higher height is justified by the unique characteristics of the particular site; in no event, however, shall any residential structure exceed thirty-five (35) feet in height.
2.
Commercial district. Building height not to exceed forty (40) feet.
3.
Industrial district. Building height not to exceed fifty (50) feet.
F.
Parking And Loading Regulations. Parking shall be provided for each use as required in the supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280. Parking may be shared between uses, provided that evidence can be presented that the times and dates of parking area usage will not overlap.
G.
Storage Regulations.
1.
Residential districts. All storage of materials and equipment shall be within an enclosed building.
2.
Commercial districts.
a.
All open storage of materials and equipment for commercial use must comply with Section 405.120(A).
b.
All storage of materials and equipment for an industrial use shall be within an enclosed building.
3.
Industrial district.
a.
All open storage of materials and equipment for commercial use must comply with Section 405.120(A).
b.
All open storage of materials and equipment for an industrial use must be fenced and secured by the property owner for safety and welfare of the general public. If the industrial use is adjacent to a residential use, all storage of materials and equipment shall be within an enclosed building.
Section 405.110 "C-1" Neighborhood Commercial Districts.
[Ord. No. 6924 §§1—3(9-19), 2-22-1999]
A.
General Description. The "C-1" Neighborhood Commercial District is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for air, light, open space and off-street parking are made than are provided in other commercial districts.
B.
Uses Permitted. In the "C-1" Neighborhood Commercial District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Automobile parking lot or parking garage.
2.
Food retail and drug stores.
3.
Personal service uses including bank, shoe repair, beauty parlor, barber shop, professional offices and clinics.
4.
Laundromat and dry cleaning outlets.
5.
Restaurants, lunch rooms and boarding houses.
6.
Undertaking establishments.
7.
Accessory retail or service uses that are necessary for convenience of residential districts subject to the review by the Planning And Zoning Commission to insure conformity to the intent of this Chapter.
8.
Accessory residential use when owner or operator of commercial use has a dwelling unit contiguous to business establishment.
C.
Uses Permitted Upon Review. Other uses of the same general character as those listed above.
D.
Area Regulations.
1.
Required lot area.
a.
If served by a sanitary system, the required lot area must be seven thousand five hundred (7,500) square feet.
b.
If not served by a sanitary system, the required lot area must be approved in writing by a County and/or State Health Officer, which approval shall be filed with the City Clerk before a building permit shall be issued.
2.
Percentage lot coverage. All buildings, including accessory buildings, shall not cover more than forty percent (40%) of the lot.
3.
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
a.
Front yard depth of twenty-five (25) feet; however, a fifteen (15) foot yard depth on a corner lot may be permitted if no off-street parking is to be located within the yard.
b.
Side yard depth of eight (8) feet, except that where the property abuts a residential district, a side yard shall be required the same as required in the district it abuts. A side yard, the same as a front yard, shall be required on the side street of a corner lot.
c.
Rear yard depth of ten (10) feet, except that where the property abuts a residential district, a rear yard shall be required the same as required in the district it abuts. The rear yard must be kept free and clear of obstruction for fire access unless it abuts a alleyway that can be used for this purpose.
E.
Height Regulations. No building shall exceed twenty-five (25) feet or two and one-half (2½) stories in height.
F.
Parking And Loading Regulations. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280.
G.
Sign Regulations. Name plates and signs relating only to the use of the store and premises or to products sold on the premises are permitted. Lighted signs of flashing or intermittent type shall be prohibited, provided however, that this shall not prevent the use of animated signs located entirely within the building which can be seen only from the street side of the building.
Section 405.120 "C-2" General Commercial Districts.
[Ord. No. 6924 §§1—3(9-20), 2-22-1999]
A.
General Description. The "C-2" General Commercial District is intended for the conduct of personal business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery.
B.
Uses Permitted. In the "C-2" General Commercial District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
All uses permitted in "C-1" Neighborhood Commercial District.
2.
Hardware and household appliance sales and repair stores.
3.
Clothing and accessory goods stores.
4.
Furniture and home furnishings stores.
5.
Gift and bookstores.
6.
Jewelry and watch repair stores.
7.
Sporting goods and photo supply stores.
8.
Variety stores.
9.
Financial institutions.
10.
Public recreation and assembly halls, including clubs, lodges, bowling alleys, theaters, billiard or pool parlors.
11.
Hotels, motels and tourist homes.
12.
Newspaper plants and printing shops.
13.
Automobile service stations, provided storage tanks are underground.
14.
Accessory wholesale and service uses necessary for convenience of the general public subject to conditions deemed appropriate by the Zoning and Planning Commission to insure conformity to the intent of this Chapter.
15.
Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those set forth above in this paragraph.
16.
Medical marijuana dispensary facility, subject to the provisions outlined in Section 405.175, and subject to the following provisions:
[Ord. No. 19-017, 12-17-2019]
a.
In District "C-2," a medical marijuana dispensary facility shall be permitted provided it is wholly within a stand-alone entirely enclosed structure and the following restrictions are met:
(1)
The facility is no nearer than one thousand (1,000) feet from any public or private educational facility to include a licensed Missouri day care and/or house of worship, including, but not limited to, church, synagogue, mosque, cathedral, tabernacle, or other geographically and societally recognized house of worship. The prohibited distance shall be measured in a straight line from entrance door to entrance door.
(2)
In addition to any sign regulations found within this Code, the following shall apply to signage for a medical marijuana dispensary facility:
(a)
The facility shall not use signage or advertising with the word "marijuana," "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.
(b)
Facilities shall not advertise in a manner that is inconsistent with the medicinal use of marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes.
(c)
Compliance With State Law. Use shall remain at all times in compliance with Section 1 of Article XVI of the Missouri Constitution.
C.
Uses Permitted On Review.
1.
Apartments located above the first (1st) floor of a commercial establishment.
2.
Those activities that require outdoor display of goods or items for the purpose of sale or purchase including, but not limited to, the following:
a.
Boat sales.
b.
Farm implement and machinery.
c.
House trailer sales.
d.
Metal and wood fencing, ornamental grillwork and decorative wrought iron work, and play equipment sales.
e.
Monument sales.
f.
New and used car and truck sales.
g.
Prefabricated house sales.
h.
Trailers for hauling, rental and sales.
i.
Nursery and garden sales.
j.
Car wash.
k.
Amusement enterprises.
l.
Garages.
m.
Drive-in restaurants or theaters.
n.
Bus terminals.
3.
The foregoing uses described in Subparagraph (2) shall comply with the following provisions:
a.
All open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in a residential district when located to the side or rear of the lot on which said open storage or display occurs, provided however, that screening shall not be required in excess of seven (7) feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting or by permanent buildings so that such cannot be seen from a public street.
b.
All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.
c.
Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns.
d.
Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent streets and shall not be of a flashing or intermittent type.
e.
Any other conditions reasonably imposed by the Zoning and Planning Commission. In the event that a request for a building permit has been denied by the Building Official, appeal of such denial may be made by application for a variance to the Board of Adjustment.
D.
Area Regulations. Same as "C-1" District.
E.
Height Regulations. No building shall be erected or enlarged to exceed, excluding basement, thirty-five (35) feet.
F.
Parking And Loading Regulations. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280.
G.
Storage Regulations. See Section 405.120(C)(3)(a).
Section 405.130 "C-3" Planned Shopping Center District.
[Ord. No. 6924 §§1—3(9-21), 2-22-1999]
A.
General Description. The "C-3" Planned Shopping Center District is intended for a unified grouping, in one (1) or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the planned shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening materials.
B.
Uses Permitted. In the "C-3" Planned Shopping Center District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses, provided that these uses shall be located in a unified shopping center which shall have not less than five (5) shops and stores, at least one (1) of which shall be a major outlet of not less than ten thousand (10,000) square feet of gross floor area, with the shops and stores of the shopping center having a combined total gross floor area of not less than twenty thousand (20,000) square feet:
1.
Antique shop.
2.
Appliance store.
3.
Apparel store.
4.
Artist supplies.
5.
Automobile parking lot.
6.
Bakery goods store.
7.
Bank.
8.
Barber shop.
9.
Beauty shop.
10.
Book or stationery store.
11.
Camera shop.
12.
Candy store.
13.
Catering establishment.
14.
Cleaning and pressing collection station.
15.
Curio shop.
16.
Drug store.
17.
Dry goods store.
18.
Dairy products or ice cream store.
19.
Delicatessen.
20.
Florist shop.
21.
Furniture store.
22.
Gift shop.
23.
Grocery store.
24.
Hardware store.
25.
Jewelry store.
26.
Meat market.
27.
Medical facility.
28.
Music store.
29.
Newspaper or magazine sales.
30.
Notions store.
31.
Office supply store.
32.
Optometrist sales and service.
33.
Paint and decorating shop.
34.
Photographer studio.
35.
Pharmacy.
36.
Radio and television sales and service.
37.
Restaurant.
38.
Self-service laundry.
39.
Sewing machine sales and service.
40.
Sporting goods sales.
41.
Shoe store or repair shop.
42.
Specialty shop for women.
43.
Supermarket.
44.
Tailor shop.
45.
Toy store.
46.
Other uses of the same general character as those listed above, subject to restrictions and conditions deemed appropriate by the Zoning and Planning Commission and set forth in the planned shopping center permit.
47.
Office uses, provided that the total gross floor area of all office uses, exclusive of those listed in (1) through (46) above, shall not exceed twenty percent (20%) of the gross floor area of the shopping center.
48.
Gasoline service or filling station which shall be planned as an integral part of the center but may be constructed in advance.
49.
Advertising signs relating to the shopping center, the stores and shops therein, and the products sold therein. All advertising signs and structures shall be designed as an integral part of the shopping center development and shall be harmonious with the other design features of the center.
50.
Accessory buildings and uses customarily incidental to the above uses.
C.
Administrative Procedure.
1.
The developer shall first make an application to the City for a planned shopping center permit for construction of a shopping center under this Section. The application shall include the following in addition to the administrative requirements set forth in this Chapter:
a.
The developer shall submit site plans of the proposed development which shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet and which shall show the arrangement of the buildings, design and circulation pattern of the off-street parking area, landscaped yards, ornamental screening, service courts and utility and drainage easements and facilities, and the relationship of the shopping center development to adjacent areas which it may affect.
b.
Evidence that indicates to the satisfaction of the Planning and Zoning Commission the ability and intent of the developer to carry out the development of the shopping center in accordance with the plans submitted through bonding of financial disclosure.
c.
Development procedure. The developer shall obtain a building permit for the shopping center in accordance with the requirements and procedures of this Chapter and all other applicable provisions of this Code and shall begin construction of the shopping center within three (3) years after the effective date of approval for construction of the shopping center and shall make a reasonable and continuous progress toward completion. If the shopping center is not under construction within three (3) years after the effective date of the shopping center rezoning, the Planning and Zoning Commission shall review the status of the development and if it shall find that the development is not in conformity with the requirements of this Section, it shall report such fact and the reasons thereof to the City Council. The City Council may, at its discretion, rezone the shopping center district to a zoning district classification consistent with the master plan.
2.
Review of plan change. Any substantial deviation from the plat or building plans approved by the Planning and Zoning Commission shall constitute a violation of the building permit authorizing construction of the shopping center. Substantial changes in plans shall be resubmitted to the Planning and Zoning Commission to insure compliance with the requirements and purpose and intent of this Section, and no building permit shall be issued for any construction which is not in substantial conformity with the approved plan.
D.
Area Regulations.
1.
Required lot area. The parcel of land on which a planned shopping center is located shall not be less than four (4) acres in area.
2.
Percentage lot coverage. Buildings shall not cover more than twenty percent (20%) of the site on which the shopping center is located.
3.
Yards required. It is intended that the grouping of the buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas, and that ornamental screening from noise and light be provided where necessary; however, in no case shall the design of the shopping center provide less than the following standards:
a.
All buildings set back from all street right-of-way lines not less than twenty-five (25) feet.
b.
On the side of a lot adjoining a dwelling district, there shall be a side yard of not less than twenty-five (25) feet.
c.
There shall be a rear yard, alley, service court or combination thereof of not less than thirty (30) feet in width, and all of the service area of all buildings shall be completely screened from public view with permanent ornamental screening materials. The rear yard, alley, service court or combination thereof must be kept free and clear of obstruction for fire access unless it abuts an alleyway that can be used for this purpose.
E.
Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height; however, greater height may be permitted upon plan review, provided the height is not detrimental to surrounding land uses.
F.
Parking Regulations. Off-street parking requirements set forth in this Chapter (see supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280) may be complied with by providing a permanent common off-street parking facility for all of the uses within the shopping center, provided that the lot contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements; however, in no case shall the amount of off-street parking area, including driveways required for ingress and egress and circulation, be less than two and one-half (2½) times the gross floor area of the shopping center.
Section 405.140 "I-1" Restricted Light Industrial Districts.
[Ord. No. 6924 §§1—3(9-22), 2-22-1999]
A.
General Description. The "I-1" Restricted Light Industrial District is intended primarily for production and assembly plants that are conducted so the noise, odor, dust and glare of such operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation routes; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the heavy industrial district. Buildings in this district should be architecturally attractive and surrounded by landscaped yards.
B.
Uses Permitted Upon Review. In the "I-1" Restricted Light Industrial District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Assembly of electrical and mechanical appliances, instrument devices and the like.
2.
Vehicle finishing, repair and the like.
3.
Building material production, storage and sales uses.
4.
Food distribution and storage plants.
5.
Construction and agricultural equipment distribution, storage and sales uses.
6.
Transportation storage and trucking yards.
7.
Agricultural feed and grain storage and sales.
8.
Laundry, cleaning and dyeing works.
9.
Sheet metal, plumbing and blacksmith shops.
10.
Wholesale business, storage warehouses and the like.
11.
Other uses of the same general character as those listed above which conform to restrictions deemed appropriate by the Zoning and Planning Commission.
12.
Rodeo, fairgrounds, riding academies, livery or boarding stables, dog kennels.
C.
Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, glare or disposal of waste material.
D.
Administrative Procedure. One (1) or more of the record owners or authorized representatives of the property shall file with the Planning and Zoning Commission a written application for approval of a contemplated use within said district, which application shall include the following information:
1.
A plot plan indicating the location of present and proposed buildings, driveways, parking lots and other necessary uses.
2.
Preliminary architectural plans for the proposed building or buildings.
3.
An estimate of the maximum number of employees contemplated for the proposed development and the number of shifts during which they could work.
4.
Any other information the Planning and Zoning Commission may need adequately to consider the effect that the proposed uses may have upon the environment and on the cost of providing municipal services to the area. All sewage disposal systems must be approved by the County Health Officer before a building permit is issued.
E.
Area Regulations.
1.
Required lot area. There is no specified minimum area. Individual building sites, however, shall be of such size that the development will have a park-like setting.
2.
Percent of lot coverage. Building coverage shall not exceed thirty percent (30%) of the area of the lot.
3.
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
a.
Front yards. All building shall be set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth.
b.
Side yards. No building shall be located closer than twenty-five (25) feet to a side lot line, except when adjacent to a residential district, in which case a forty (40) foot side yard width is required.
c.
Rear yards. No building shall be located closer than twenty-five (25) feet to the rear lot line.
F.
Height Regulations. No building shall exceed forty (40) feet in height.
G.
Parking Regulations. Dust-proofed and properly drained off-street parking and loading facilities shall be provided in amount sufficient to meet the needs of all persons associated with the development, either as employees, customers, suppliers or visitors, and shall not cover more than forty percent (40%) of the lot. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280, for all other information.
H.
Storage Regulations. No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it be so screened by fences, walls or planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
Section 405.150 "I-2" Light Industrial Districts.
[Ord. No. 6924 §§1—3(9-23), 2-22-1999]
A.
General Description. The "I-2" Light Industrial District is intended primarily for the conduct of light manufacturing, assembling and fabrication and for warehousing, wholesale and service uses. These uses do not depend primarily on frequent personal visits of customers or clients, but may require good accessibility to major rail, air or street transportation routes.
B.
Uses Permitted Upon Review. In the "I-2" Light Industrial District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
All uses permitted in the "I-1" District.
2.
Building materials sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.
3.
Contractor's equipment storage yard or plant or rental equipment commonly used by contractors.
4.
Freighting or trucking yard or terminal.
5.
Oil field equipment storage yard.
6.
Public utility service yard or electrical receiving or transforming station.
7.
Sale barn.
8.
The following uses when conducted within a completely enclosed building:
a.
The manufacture, compounding, processing, packaging or of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products.
b.
The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process.
c.
The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
d.
The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like.
e.
Manufacture of musical instruments, toys, novelties and rubber and metal stamps.
f.
Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping and battery manufacturing.
g.
Blacksmith shop and machine shop, excluding punch presses over twenty (20) tons rated capacity, drop hammers and automatic screw machines.
h.
Foundry, casting lightweight non-ferrous metals not causing noxious fumes or odors.
i.
Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.
j.
Wholesale storage or manufacture of alcoholic beverages.
9.
Buildings, structures and uses accessory and customarily incidental to any of the above uses.
C.
Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, glare, noise or disposal of waste materials.
D.
Administrative Procedure. Same as "I-1" District.
E.
Area Regulations.
1.
Required lot area. No minimum area specified.
2.
Percent of lot coverage. Building coverage shall not exceed thirty percent (30%) of the area of the lot.
3.
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
a.
Front yards. All building shall be set back from the street right-of-way line to provide a front yard having not less than thirty (30) feet in depth.
b.
Side yards. No building shall be located closer than ten (10) feet to a side lot line, except that where the property abuts a residential district, a rear yard shall be required the same as required in the district it abuts.
c.
Rear yard depth of fifteen (15) feet, except that where the property abuts a residential district, a rear yard shall be required the same as required in the district it abuts. The rear yard must be kept free and clear of obstruction for fire access unless it abuts an alleyway that can be used for this purpose.
F.
Height Regulations. No building shall exceed forty (40) feet in height.
G.
Parking And Loading Regulations. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280.
H.
Storage Regulations. Same as "I-1" Restricted Light Industrial Districts.
Section 405.160 "I-3" Heavy Industrial Districts.
[Ord. No. 6924 §§1—3(9-24), 2-22-1999; Ord. No. 6955 §1(9-24), 12-6-1999]
A.
General Description. The "I-3" Heavy Industrial District is intended to provide for heavy industrial uses not otherwise provided for in the districts established by this Chapter. The intensity of uses permitted in this district makes it desirable that they be located downwind and separated from residential and commercial uses whenever possible.
B.
Uses Permitted Upon Review. In the "I-3" Heavy Industrial District, a building or premises may be used for any purpose not otherwise prohibited by law except that no residences, motels or other places of habitation involving permanent structure are permitted; however, no building or occupancy permits will be issued for any of the following uses until and unless the location of such use shall have been approved by the Planning and Zoning Commission:
1.
Acid manufacture.
2.
Cement, lime, gypsum or plaster of Paris manufacture.
3.
Explosives, manufacture or wholesale storage.
4.
Gas manufacture.
5.
Petroleum or its products, refining of.
6.
Wholesale or bulk storage of gasoline, propane or other petroleum products.
7.
All uses permitted in "I-1" and "I-2" Districts.
8.
The following uses, provided that the uses thereon shall be conducted in such a manner that all operations, display or storage of material shall be screened by ornamental fences, walls and/or permanent evergreen planting that it cannot be seen from a public street:
9.
Medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, and medical marijuana testing facility, subject to the use provisions outlined in Section 405.175, and subject to the following:
[Ord. No. 19-017, 12-17-2019]
a.
Uses identified in Section 405.160, Subsection (B) as numbers 9, 10 and 11 shall be permitted provided it is wholly within a stand-alone entirely enclosed structure and the following restrictions are met:
(1)
The facility is no nearer than one thousand (1,000) feet from any public or private educational facility to include a licensed Missouri day care and/or house of worship, including, but not limited to, church, synagogue, mosque, cathedral, tabernacle, or other geographically and societally recognized house of worship. The prohibited distance shall be measured in a straight line from entrance door to entrance door.
(2)
In addition to any sign regulations found within this Code, the following shall apply to signage for a medical marijuana dispensary facility:
(a)
The facility shall not use signage or advertising with the word "marijuana," "cannabis" or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.
(b)
Facilities shall not advertise in a manner that is inconsistent with the medicinal use of marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes.
(c)
Compliance With State Law. Use shall remain at all times in compliance with Section 1 of Article XVI of the Missouri Constitution.
C.
Area Regulations.
1.
Required lot area. No minimum area specified.
2.
Percent of lot coverage. Building coverage shall not exceed fifty percent (50%) of the area of the lot.
3.
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
a.
Front yards. All building shall be set back from the street right-of-way line to provide a front yard having not less than thirty (30) feet in depth.
b.
Side yards. No building shall be located closer than fifteen (15) feet to a side lot line, except that where the property abuts a residential district, a rear yard of not less than forty (40) feet shall be required.
c.
Rear yard. All buildings shall be set back fifteen (15) feet, except that where the property abuts a residential district, a rear yard of not less than forty (40) feet shall be required. The rear yard must be kept free and clear of obstruction for fire access unless it abuts a alleyway that can be used for this purpose.
E.
Parking And Loading Regulations. See supplemental regulations on Off-Street Automobile and Vehicle Parking and Loading, Section 405.280.
F.
Storage Regulations. No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless secured by appropriate fencing for the safety of the general public, except where the property abuts a residential district where storage of articles and materials shall be same as "I-1" District.
Section 405.170 (Reserved) [1]
[1]
Editor's Note: Former Section 405.170, Madison Street Overlay District, was repealed 4-12-2021 by Ord. No. 21-009.