[R.O. 2017 § 400.320; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Permitted Uses. The "R-LD" Single-Family
Low Density Residence District is intended primarily for low density,
single-family detached dwellings. The "R-LD" District is also intended
to provide flexibility in development standards that will promote
protection of significant natural and cultural habitats and open space.
Other uses necessary to meet educational, governmental, religious,
recreation and other neighborhood needs are permitted or allowed as
conditional uses subject to restrictions intended to preserve the
low density, residential character of the district. The following
uses are permitted in the "R-LD" District:
1.
Single-family detached dwellings,
one (1) dwelling per lot.
2.
Residential group homes. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. No group home shall be closer
than five hundred (500) feet of another group home.
3.
Single-family detached dwellings in conservation subdivisions in accordance with Section
400.280.
4.
Two-family dwellings existing at
the time the district is mapped.
5.
Publicly owned or operated parks,
playgrounds, recreation facilities, golf courses and community buildings,
all of a non-commercial nature.
6.
Home occupations as permitted pursuant to Article
VI, Section
400.430.
7.
Police and fire stations.
8.
Public utilities and buildings, transportation,
pipeline and utility easements and rights-of-way, except for office
buildings, garages and shops, loading yards and warehouses.
9.
Nurseries, greenhouses and truck
gardens limited to the propagation and cultivation of plants, provided
no retail or wholesale sale is conducted on the premises.
10.
Accessory uses in accordance with Article
VI, Section
400.410.
11.
Temporary uses as permitted in Article
VI, Section
400.420.
B. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and approval by the Board of Aldermen.
1.
Non-commercial, not-for-profit neighborhood
facilities, including indoor and outdoor recreational facilities,
operated by a neighborhood or community organization or a property
owners' association.
2.
Country clubs, golf courses and other
private non-commercial recreation areas and facilities, but excluding
miniature golf courses or driving ranges.
C. Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
Single-family dwellings
|
20,000 square feet
|
Single-family dwellings in conservation
subdivisions
|
10,000 square feet
|
All other permitted uses
|
1 acre
|
Minimum Lot Width
|
Single-family dwellings
|
100 feet
|
Single-family dwellings in conservation
subdivisions
|
80 feet
|
All other permitted uses
|
200 feet
|
Minimum Lot Depth
|
Single-family dwellings in conservation
subdivisions
|
125 feet
|
All other permitted uses
|
140 feet
|
Maximum Structure Height
|
Principal structure
|
35 feet or 2 1/2 stories above
finished grade
|
Accessory structure
|
16 feet
|
Minimum Yard Requirements
|
Front yard
|
30 feet
|
Rear yard
|
25 feet for principal structure
10 feet for accessory structure
|
Side yard
|
10 feet, except that on corner lots,
side yard setback shall be 20 feet on the side next to a street
|
Maximum Building Coverage
|
40%
|
D. Design Requirements.
1.
Unless exempted by Section
400.270,
a site plan meeting the requirements of Article
III shall be submitted and approved for all uses except single-family detached dwellings.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved for all non-residential uses.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to any non-residential use shall be screened from public
view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX.
[R.O. 2017 § 400.330; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Permitted Uses. The "R-1" Single-Family
Residence District is intended primarily for single-family detached
dwellings at maximum densities of up to three (3) dwelling units per
acre. Other uses necessary to meet educational, governmental, religious,
recreation and other neighborhood needs are permitted or allowed as
conditional uses subject to restrictions intended to preserve the
residential character of the district. The following uses are permitted
in the "R-1" District:
1.
Single-family detached dwellings,
one (1) dwelling per lot.
2.
Single-family detached modular dwellings,
one (1) dwelling per lot.
3.
Residential group homes. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. No group home shall be closer
than five hundred (500) feet of another group home.
4.
Duplex dwellings existing at the
time the district is mapped.
5.
Schools, elementary and secondary,
or development centers for elementary and secondary school-age children
with developmental disabilities or handicaps on a minimum of five
(5) acres of land.
6.
Churches and other places of worship,
including parish houses and Sunday schools, but excluding temporary
revivals, rescue missions and overnight shelters, that meet the following
requirements:
a.
Frontage on and primary access to
an arterial or higher classification street;
b.
Located not less than fifty (50)
feet from any other lot in any other residential district; and
c.
Located on a minimum of two (2) acres
of land to provide sufficient space for off-street parking and site
design to minimize impact on adjacent residential uses. Churches and
other places of worship on less than two (2) acres of land at the
time this Chapter is adopted shall be considered conforming uses.
7.
Publicly owned or operated parks,
playgrounds, recreational facilities, golf courses and community buildings,
all of a non-commercial nature.
8.
Home occupations as permitted pursuant to Article
VI, Section
400.430.
9.
Police and fire stations.
11.
Public utilities and buildings, transportation,
pipeline and utility easements and rights-of-way, except for office
buildings, garages and shops, loading yards and warehouses.
12.
Nurseries, greenhouses and truck
gardens limited to the propagation and cultivation of plants, provided
no retail or wholesale sale is conducted on the premises.
13.
Accessory uses in accordance with Article
VI.
14.
Temporary uses as permitted in Article
VI.
15.
Type I and II wireless facilities in accordance with the provisions of Article
VI.
B. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and approval by the Board of Aldermen:
1.
Museums, public art galleries and
libraries on a minimum two (2) acres of land.
2.
Non-commercial, not-for-profit neighborhood
facilities, including indoor and outdoor recreational facilities,
operated by a neighborhood or community organization or a property
owners' association.
3.
Cemeteries on a minimum of ten (10)
acres of land.
4.
Country clubs, golf courses and other
private non-commercial recreation areas and facilities, but excluding
miniature golf courses or driving ranges.
5.
Type III, IV and V wireless telecommunication towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article
VI.
C. Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
Single-family dwellings
|
12,000 square feet
|
Existing duplex dwellings
|
6,000 square feet per dwelling unit
|
All other permitted uses
|
1 acre
|
Minimum Lot Width
|
Single-family dwellings
|
80 feet
|
Existing duplex dwellings
|
80 feet
|
All other permitted uses
|
200 feet
|
Minimum Lot Depth
|
125 feet
|
Maximum Structure Height
|
Principal structure
|
35 feet or 2 1/2 stories above
finished grade
|
Accessory structure
|
16 feet
|
Minimum Yard Requirements
|
Front yard
|
30 feet
|
Rear yard
|
25 feet for principal structure
10 feet for accessory structure
|
Side yard
|
10 feet, except that on corner lots,
side yard setback shall be 20 feet on the side next to a street
|
Maximum Building Coverage
|
40%
|
D. Design Requirements.
1.
Unless exempted by Section
400.270,
a site plan meeting the requirements of Article
III shall be submitted and approved for all uses except single-family detached dwellings.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved for all non-residential uses.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to any non-residential use shall be screened from public
view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX.
[R.O. 2017 § 400.335; Ord. No. 18-12, 8-21-2018]
A. Permitted Uses. The "R-1U" Single-Family
Urban Residence District is intended primarily for single-family detached
dwellings at maximum densities of up to three (3) dwelling units per
acre. This zone will only affect legal existing lots within the City
limits of Battlefield, Missouri, that are in existence on or before
October 15, 2002. Other uses necessary to meet educational, governmental,
religious, recreation and other neighborhood needs are permitted or
allowed as conditional uses subject to restrictions intended to preserve
the residential character of the district. The following uses are
permitted in the "R-1U" District:
1.
Single-family detached dwellings,
one (1) dwelling per lot.
2.
Single-family detached modular dwellings,
one (1) dwelling per lot.
3.
Residential group homes. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. No group home shall be closer
than five hundred (500) feet of another group home.
4.
Duplex dwellings existing at the
time the district is mapped.
5.
Schools, elementary and secondary,
or development centers for elementary and secondary school-age children
with developmental disabilities or handicaps on a minimum of five
(5) acres of land.
6.
Churches and other places of worship,
including parish houses and Sunday schools, but excluding temporary
revivals, rescue missions and overnight shelters, that meet the following
requirements:
a.
Frontage on and primary access to
an arterial or higher classification street;
b.
Located not less than fifty (50)
feet from any other lot in any other residential district; and
c.
Located on a minimum of two (2) acres
of land to provide sufficient space for off-street parking and site
design to minimize impact on adjacent residential uses. Churches and
other places of worship on less than two (2) acres of land at the
time this Chapter is adopted shall be considered conforming uses.
7.
Publicly owned or operated parks,
playgrounds, recreational facilities, golf courses and community buildings,
all of a non-commercial nature.
8.
Home occupations as permitted pursuant to Article
VI, Section
400.430.
9.
Police and fire stations.
11.
Public utilities and buildings, transportation,
pipeline and utility easements and rights-of-way, except for office
buildings, garages and shops, loading yards and warehouses.
12.
Nurseries, greenhouses and truck
gardens limited to the propagation and cultivation of plants, provided
no retail or wholesale sale is conducted on the premises.
13.
Accessory uses in accordance with Article
VI.
14.
Temporary uses as permitted in Article
VI.
15.
Type I and II wireless facilities in accordance with the provisions of Article
VI.
B. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and approval by the Board of Aldermen:
1.
Museums, public art galleries and
libraries on a minimum of two (2) acres of land.
2.
Non-commercial, not-for-profit neighborhood
facilities, including indoor and outdoor recreational facilities,
operated by a neighborhood or community organization or a property
owners' association.
3.
Cemeteries on a minimum of ten (10)
acres of land.
4.
Country clubs, golf courses and other
private non-commercial recreation areas and facilities, but excluding
miniature golf courses or driving ranges.
5.
Type III, IV and V wireless telecommunications towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article
VI.
C. Minimum Lot Size, Bulk and Open Space Requirements.
Minimum Lot Area
|
|
Single-family dwellings
|
Less than 12,000 square feet
|
Existing duplex dwellings
|
6,000 square feet per dwelling unit
|
All other permitted uses
|
1 acre
|
Minimum Lot Width
|
Single-family dwellings
|
70 feet
|
Existing duplex dwellings
|
70 feet
|
All other permitted uses
|
200 feet
|
Minimum Lot Depth
|
143 feet
|
Maximum Structure Height
|
Principal structure
|
35 feet or 2 1/2 stories above
finished grade
|
Accessory structure
|
16 feet
|
Minimum Yard Requirements
|
Front yard
|
30 feet
|
Rear yard
|
25 feet for principal structure
10 feet for accessory structure
|
Side yard
|
10 feet, except that on corner lots,
side yard setback shall be 20 feet on the side next to a street
|
Maximum Building Coverage
|
40%
|
D. Design Requirements.
1.
Unless exempted by Section
400.270,
a site plan meeting the requirements of Article
III shall be submitted and approved for all uses except single-family detached dwellings.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved for all non-residential uses.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to any non-residential use shall be screened from public
view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX.
[R.O. 2017 § 400.340; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Permitted Uses. The "R-2" Two-Family Residence
District is intended to accommodate a variety of single-family and
two-family housing types at moderate densities of up to approximately
six (6) dwelling units per acre. The district is also intended to
serve as a transition between the less intense "R-1" Single-Family
Residence District and the "R-3" Multifamily Residence District. The
following uses are permitted in the "R-2" District:
1.
Single-family detached dwellings,
one (1) dwelling per lot.
2.
Single-family semidetached dwellings,
such as patio homes, one (1) dwelling per lot.
3.
Single-family detached modular dwellings,
one (1) dwelling per lot.
6.
Residential group homes. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. No group home shall be closer
than five hundred (500) feet of another group home.
7.
Schools, elementary and secondary,
or development centers for elementary and secondary school-age children
with developmental disabilities or handicaps on a minimum of five
(5) acres of land.
8.
Churches and other places of worship,
including parish houses and Sunday schools, but excluding rescue missions
and overnight shelters, that meet the following requirements: Frontage
on and primary access to an arterial or higher classification street
and on a minimum of two (2) acres of land to provide sufficient space
for off-street parking and site design to minimize impact on adjacent
residential uses. Churches and other places of worship on less than
two (2) acres of land at the time this Chapter is adopted shall be
considered conforming uses.
9.
Publicly owned or operated parks,
playgrounds and community buildings.
10.
Home occupations in accordance with Article
VI, Section
400.430.
11.
Police and fire stations.
12.
Public utilities and pipelines, utility
easements and rights-of-way, except for office buildings, garages
and shops, loading yards and warehouses.
13.
Public water reservoirs, water standpipes
and elevated and ground-level water storage tanks.
14.
Accessory uses in accordance with Article
VI, Section
400.410.
15.
Temporary uses in accordance with Article
VI, Section
400.420.
16.
Type I and II wireless telecommunications facilities in accordance with the provisions of Article
VI.
B. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and approval by the Board of Aldermen.
1.
Public museums, art galleries and
libraries on a minimum two (2) acres of land.
2.
Churches and other places of worship,
including parish houses and Sunday schools, but excluding rescue missions.
Such uses shall be located on a minimum of two (2) acres of land to
provide sufficient area for off-street parking, buffer yards and proper
site design to lessen impact on adjacent residential areas. Churches
and other places of worship on less than two (2) acres of land at
the time of adoption of this Chapter shall be considered conforming
uses.
3.
Non-commercial, not-for-profit neighborhood
facilities, including indoor and outdoor recreational facilities,
community centers, clubhouses, offices of a property owners' association
operated by a neighborhood or community organization or a property
owners' association.
5.
Cemeteries on a minimum of ten (10)
acres of land.
6.
Type III, IV and V wireless telecommunication towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article
VI.
C. Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
Single-family detached dwellings
|
12,000 square feet
|
Single-family semidetached dwellings
and two-family dwellings
|
6,000 square feet per dwelling unit
|
Minimum Lot Width
|
Single-family dwellings
|
80 feet
|
Single-family semidetached dwellings
and two-family dwellings
|
40 feet per dwelling unit
|
All other permitted uses
|
80 feet
|
Minimum Lot Depth
|
125 feet
|
Maximum Structure Height
|
Principal structure
|
30 feet
|
Accessory structure
|
16 feet
|
Minimum Yard Requirements
|
Front yard
|
30 feet
|
Rear yard
|
25 feet for principal structure
10 feet for accessory structure
|
Side yard
|
10 feet, except that on corner lots,
side yard setback shall be 20 feet on the side next to a street
|
Maximum Building Coverage
|
40%
|
D. Design Requirements.
1.
Unless exempted by Section
400.270,
a site plan meeting the requirements of Article
III shall be submitted and approved for all uses.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved for all uses, except for single-family dwellings.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to any non-residential use shall be screened from view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX.
[R.O. 2017 § 400.350; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Permitted Uses. The "R-3" Multifamily Residence
District is designed for multifamily residential developments at up
to twelve (12) dwelling units per acre and areas of convenience shopping
and service facilities in residential neighborhoods. The following
uses are permitted in the "R-3" District:
[Ord. No. 23-16, 11-21-2023]
1.
Single-family dwellings existing at the time the district is
mapped.
8.
Residential Group Homes. The exterior appearance of the home
and property shall be in reasonable conformance with the general neighborhood
standards. No group home shall be closer than five hundred (500) feet
of another group home.
9.
Boardinghouses, rooming houses and lodging houses.
10.
Residential, intermediate and skilled nursing care facilities.
12.
Churches and other places of worship, including parish houses
and Sunday schools, but excluding rescue missions and overnight shelters.
13.
Schools, elementary and secondary, or development centers for
elementary and secondary school- age children with handicaps or developmental
disabilities on a minimum of five (5) acres of land.
14.
Public and private parks, playgrounds, community buildings and
golf courses, excluding miniature golf courses and driving ranges.
15.
Accessory uses in accordance with Article
VI, Section
400.410.
16.
Temporary uses in accordance with Article
VI, Section
400.420.
17.
Home occupations, in accordance with Article
VI, Section
400.430.
18.
The following retail goods and service uses when located on
the ground floor of multifamily dwelling unit structures:
a.
Bakeries, delicatessens, and meat markets with on-premises sales.
b.
Convenience stores which do not include gasoline sale or repair
facilities for motor vehicles.
d.
Governmental buildings and uses, including police substations.
e.
Laundry and dry-cleaning self-service, provided such use is
conducted within a completely enclosed building.
f.
Residential, intermediate, or skilled nursing care facilities.
g.
Personal services such as barber or beauty shop, dressmaking,
tailoring, shoe repair, household appliance repair and other similar
uses.
h.
Banks and financial institutions, including automatic teller
machines for pedestrian use, but not including drive-through facilities
or automatic teller machines for automobiles.
i.
Clinics, dental laboratories, and similar medical service facilities.
j.
Offices, clerical, research and services not related to goods
and merchandise, such as offices of attorneys, physicians, engineers,
accountants, insurance agents, stock brokers, travel agents, telecommunications
and internet services and government.
k.
Restaurants when comprised of three thousand (3,000) square
feet gross floor area or less.
B. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and approval by the Board of Aldermen.
1.
Museums, libraries and art galleries.
2.
Cemeteries on a minimum of ten (10)
acres of land.
4.
Type III wireless facilities in accordance with Article
VI, provided wireless towers sixty (60) feet or greater in height allow co-location of at least one (1) additional provider's facilities.
5.
Other towers and related facilities existing at the time the district is mapped, provided any modifications are made in accordance with Article
VI.
C. Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
Two-family dwellings
|
6,000 square feet per dwelling unit
|
Multifamily dwellings
|
3,000 square feet per dwelling unit
|
Townhouses
|
3,000 square feet per townhouse unit
on a separate platted lot
|
All other permitted and conditional
uses
|
12,000 square feet
|
Minimum Lot Width
|
Two-family dwellings
|
80 feet
|
Each townhouse on a separate platted
lot:
End lots
Interior lots with driveway in front
yard
Interior lots without driveway in
front yard
|
30 feet
26 feet
20 feet
|
All other permitted and conditional
uses
|
80 feet
|
Minimum Lot Depth
|
Each townhouse on a separate platted
lot
|
100 feet
|
All other permitted and conditional
uses
|
125 feet
|
Maximum Structure Height
|
Principal structure
|
45 feet or 3 stories above finished
grade
|
Accessory structure
|
16 feet
|
Minimum Yard Requirements
|
Front yard
|
30 feet
|
Rear yard
|
25 feet for principal structure
10 feet for accessory structure
|
Side yard
|
7 feet, provided that no side yard
is required for any residential unit that has a common wall on a lot
line
On corner lots, side yard setback
shall be 20 feet on the side next to a street
|
Maximum Building Coverage
|
50%
|
D. Minimum Open Space. Not less than twenty
percent (20%) of the total lot area shall be devoted to open space
including required yards and buffer yards. Open space shall not include
areas covered by buildings, parking areas, driveways or internal streets.
E. Design Requirements.
1.
Unless exempted by Section
400.270,
a site plan meeting the requirements of Article
III shall be submitted and approved for all uses.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved for all uses except single-family dwellings.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to uses except for single-family dwellings and duplex dwellings
shall be screened from view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX.
[R.O. 2017 § 400.360; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Permitted Uses. The "R-4" Manufactured
Home Residence District is established for manufactured home parks
and manufactured home subdivisions with densities of up to four (4)
dwelling units per acre. The following uses are permitted in the "R-4"
District:
1.
Single manufactured homes on individual
lots.
3.
Manufactured home subdivisions.
4.
Residential group homes. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. No group home shall be closer
than five hundred (500) feet to another group home.
6.
Schools, elementary and secondary,
or development centers for elementary and secondary school-age children
with handicaps or developmental disabilities on a minimum of five
(5) acres of land.
7.
Churches and other places of worship,
including parish houses and Sunday schools, but excluding rescue missions
and overnight shelters, that meet the following requirements: Frontage
on and primary access to an arterial or higher classification street
and on a minimum of two (2) acres of land to provide sufficient space
for off-street parking and site design to minimize impact on adjacent
residential uses. Churches and other places of worship on less than
two (2) acres of land at the time this Chapter is adopted shall be
considered conforming uses.
8.
Public utilities and governmental
buildings, including transformer stations, pumping stations, and lift
stations, but excluding office buildings, garages and shops, loading
yards and warehouses.
9.
Clubhouses associated with any permitted
residential use, subject to the requirement that such clubhouses shall
be for the use of the residents of the associated residential development
and their guests and shall not be open for general public use.
10.
Home occupations in accordance with Article
VI, Section
400.430.
11.
Accessory uses in accordance with Article
VI, Section
400.410.
12.
Temporary uses in accordance with Article
VI, Section
400.420.
13.
Type I and II wireless facilities in accordance with Article
VI.
14.
Police and fire stations.
B. Conditional Uses. Any conditional use that
may be allowed in the "R-1" Single-Family Residence District may be
allowed in the "R-4" Manufactured Home Residence District subject
to the provisions of this Chapter and approval by the Board of Aldermen.
C. Use Limitations. In manufactured home districts,
recreational vehicles shall not be occupied as dwellings and manufactured
home sales lots shall not be permitted.
D. Minimum Area Requirements. Where the district
is established, the minimum area shall be ten (10) acres. The tract
shall comprise a single parcel, except where the site is divided by
a public street or where the total property includes separate parcels
for maintenance and storage facilities and the like. All parcels involved
shall be of sufficient size and dimensions to allow for efficient
design and management.
E. Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
Manufactured home park or manufactured
home subdivision tract area
|
10 acres
|
Manufactured home in manufactured
home parks or subdivisions
|
10,000 square feet per dwelling unit
|
All other permitted and conditional
uses
|
15,000 square feet
|
Minimum Lot Width
|
Manufactured home park or subdivision
tract
|
200 feet
|
Manufactured home in manufactured
home park or subdivision
|
65 feet
|
All other permitted and conditional
uses
|
100 feet
|
Minimum Lot Depth
|
Manufactured home park or subdivision
tract
|
200 feet
|
Manufactured home in manufactured
home park or subdivision
|
125 feet
|
All other permitted and conditional
uses
|
125 feet
|
Maximum Structure Height
|
Principal structure
|
35 feet or 2 1/2 stories above finished
grade
|
Accessory structure
|
16 feet
|
Minimum Yard Requirements
|
Front yard
|
30 feet
|
Rear yard
|
25 feet for principal structure
10 feet for accessory structure
|
Side yard
|
7 1/2 feet for manufactured
homes
10 feet for all other uses
|
Maximum Building Coverage
|
40%
|
F. Minimum Open Space. For individual lots,
not less than thirty percent (30%) of the total lot area shall be
devoted to open space, including required yards and buffer yards.
For manufactured home park developments, not less than twenty percent
(20%) of the total area of the development shall be devoted to open
space, including required yards and buffer yards. Open space shall
not include areas covered by buildings, parking areas, driveways or
internal streets.
G. Design Requirements On Individual Lots.
1.
A site plan meeting the provisions of Article
III shall be submitted and approved for all uses except single-family manufactured homes on individual lots.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved for all uses except single-family manufactured homes on individual lots.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to uses except for single-family manufactured homes on
individual lots shall be screened from view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX.
6.
Manufactured homes sited on an individual
lot in a manufactured home subdivision shall be anchored on a permanent
foundation. Siding on manufactured homes shall have a similar appearance
to site built homes in nearby residential areas and shall have a pitched
roof with composition shingles.
7.
In no case shall any manufactured
home be located further than three hundred fifty (350) feet from a
fire hydrant.
H. Design Requirements For Manufactured Home
Parks.
1.
A site plan meeting the provisions of Section
400.270 shall be submitted and approved.
2.
A landscaping plan meeting the requirements of Article
VIII shall be submitted and approved. The development shall also provide for buffer yard requirements in accordance with the provisions of Article
VIII.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance and mechanical, electrical or other equipment incidental
to any permitted non-residential use shall be screened from view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article
IX. In addition, each manufactured home park shall provide a parking lot for storage of boats, recreational vehicles and trucks that do not exceed one-ton capacity.
6.
There shall be at least fifteen (15)
feet between manufactured homes or any other buildings located in
a manufactured housing park.
7.
Manufactured homes shall be anchored
to a foundation that is similar in appearance to the materials used
for permanent foundations. Siding shall be similar in appearance to
site built homes in nearby neighborhoods and the manufactured home
shall have a pitched composition roof.
8.
In no case shall any manufactured
home be located further than three hundred fifty (350) feet from a
fire hydrant.
9.
A storm shelter shall be provided
for every manufactured housing park. Such shelter shall be located
on the premises or within one hundred fifty (150) feet of the main
entrance of the manufactured housing park. The shelter shall provide
a minimum of forty (40) square feet of floor area per manufactured
home space.
10.
Every manufactured home shall have
direct access to a hard-surfaced driveway or interior street. Interior
streets shall be constructed in conformance with the requirements
of the City of Battlefield design standards for public improvements.
[R.O. 2017 § 400.370; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 03-18 § 1, 6-17-2003]
A. Permitted Uses. The "C-1" Neighborhood
Business District is designed to permit small areas of convenience
shopping facilities in and near residential neighborhoods. The following
uses are permitted in the "C-1" District:
1.
Bakeries, delicatessens and meat
markets with on-premises sales.
2.
Convenience store, which shall include
gasoline sales but shall not permit repair facilities for motor vehicles.
4.
Governmental buildings and uses.
5.
Laundry and dry-cleaning self-service,
provided such use is conducted within a completely enclosed building
and such building is more than one hundred (100) feet from any "R-1"
District.
6.
Residential, intermediate or skilled
nursing care facilities.
7.
Personal services such as barber-
or beauty shop, dressmaking, tailoring, shoe repair, household appliance
repair and other similar uses.
8.
Police and fire stations.
9.
Public or private parks, playgrounds
and golf courses, excluding miniature golf and driving ranges
10.
Type I and II wireless telecommunications facilities in accordance with Article
VI.
11.
Public utilities and governmental
buildings, including transformer stations, pumping stations, lift
stations, public water reservoirs, standpipes and elevated and ground
level water storage tanks, but excluding office buildings, garages
and shops, loading yards and warehouses.
12.
Accessory uses in accordance with Article
VI, Section
400.410.
13.
Temporary uses in accordance with Article
VI, Section
400.420.
14.
Residential uses existing at the
time the district is mapped.
15.
Banks and financial institutions,
including automatic teller machines and drive-through facilities.
16.
Clinics, dental laboratories and
similar medical service facilities.
17.
Offices, clerical, research and services
not related to goods and merchandise, such as offices of attorneys,
physicians, engineers, accountants, insurance agents, stock brokers,
travel agents, telecommunications and internet services and government.
B. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and approval by the Board of Aldermen.
1.
Type V wireless telecommunications facilities in accordance with Article
VI.
2.
Other towers, exceeding one hundred (100) feet in height, and related facilities, provided the maximum height does not exceed two hundred (200) feet; only one (1) tower is permitted on a lot and all other provisions of Article
VI.
C. Use Limitations.
1.
No new residential structures shall
be constructed in the "C-1" Neighborhood Business District. Existing
residential structures may be altered, remodeled or improved subject
to the restrictions and regulations applicable to residences in the
"R-3" Multifamily Residence District.
2.
All business, servicing, storage
and display of materials and goods, except for off-street parking
and loading, shall be conducted within completely enclosed structures.
3.
No manufacturing, processing or treating
of products other than that which is clearly incidental and essential
to retail business shall be conducted and all such products shall
be sold at retail on the premises.
4.
No separate business establishment
shall occupy more than five thousand (5,000) square feet of floor
space.
5.
No business establishment shall offer
goods or services to customers waiting in parked motor vehicles (drive-through).
D. Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
None
|
Minimum Lot Width
|
None
|
Minimum Lot Depth
|
None
|
Maximum Structure Height
|
Principal structure
|
30 feet
|
Accessory structure
|
16 feet
|
Maximum Floor Area Ratio
|
0.40
|
Minimum Yard Requirements
|
Front yard
|
25 feet, except that on corner lots,
1 of the 2 front yards may be reduced to not less than 15 feet.
|
Rear yard
|
20% of the lot depth or 10 feet,
whichever is greater, provided that no more than 25 feet shall be
required
|
Side yard
|
15 feet
|
Maximum Building Coverage
|
40%
|
E. Open Space Requirements. Not less than
twenty percent (20%) of the total lot area shall be devoted to open
space, including required yards and buffer yards. Open space shall
not include areas covered by buildings or structures, parking, loading
and other paved areas and internal streets. Open space shall contain
living ground cover.
F. Design Requirements.
1.
A site plan meeting the requirements of Article
III shall be submitted and approved for all uses.
2.
All development shall meet the buffer yard and landscaping requirements in accordance with Article
VIII.
3.
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to uses shall be screened from view.
5.
All buildings in the "C-1" District
shall be constructed using materials, textures and colors that are
compatible with and similar in nature to surrounding residential development.
6.
Lighting shall be designed so as to reflect away from adjacent residential districts. All development shall meet the buffer yard and landscaping requirements in accordance with Article
VIII.
7.
Off-street parking, vehicular use areas and loading areas shall be provided in accordance with Article
IX.
[R.O. 2017 § 400.380; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Permitted Uses. The "C-2" District is designed
for those business and commercial uses that draw their customers from
motorists on the highway or for whom location on a highway or arterial
street is necessary. The district also provides for the location of
commercial activities that involve outdoor storage of materials and
goods. The following uses are permitted in the "C-2" General Business
District:
1.
All uses permitted in the "C-1" Neighborhood
Commercial District.
2.
Agricultural implement sales and
service.
3.
Arcades and game rooms, bowling alleys,
theaters, skating rinks and other such similar places of commercial
entertainment.
7.
Greenhouse, nursery or garden stores,
on-premises sales permitted.
8.
Health and fitness centers, including
dance studios.
9.
Hardware, home improvement and builder
supply stores.
10.
Heating, air-conditioning and plumbing
stores.
11.
Library, museum, art gallery and
similar uses.
13.
Manufactured home sales and rental,
but not including the use of a manufactured home as a residence.
14.
Monument sales, outside storage permitted.
15.
Motels and hotels when located on
a State or Federal highway.
16.
Off-street parking facilities.
17.
New or used automobile, recreational
vehicle or motorcycle sales and service facilities, outside storage
permitted, but excluding the wrecking of motor vehicles.
19.
Public and private parks, playgrounds
and golf courses, including miniature golf courses and driving ranges.
20.
Restaurants, including drive-in facilities.
21.
General retail sales and rental of
goods, merchandise and equipment.
23.
Residential dwellings existing at
the time the district was mapped.
24.
Service stations or gas stations,
including repair shops.
25.
Schools: professional, business and
trade.
26.
Veterinarian, animal hospital or
kennel, provided that no outside exercise runway is closer than two
hundred (200) feet to the boundary of any residence district.
27.
Towers, other than wireless facilities, less than one hundred (100) feet in height and related facilities, provided that telecommunication towers comply with Article
VI, Section
400.470.
28.
Type I wireless facilities in accordance with Article
VI.
29.
Type III wireless facilities in accordance with Article
VI, provided that wireless towers sixty (60) feet or greater in height allow co-location of at least one (1) additional provider's facilities.
30.
Type IV wireless facilities in accordance with Article
VI, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow co-location of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
31.
Water reservoirs, water standpipes
and elevated and ground level water storage tanks.
32. Medical marijuana dispensary facilities and medical marijuana testing facilities as governed by Article 19 of the Missouri State Constitution and applicable State rules and regulations for such facilities and that comply with Article
VI, Section
400.495 of the Battlefield City Code.
[Ord. No. 20-02, 2-18-2020]
33. Microbrewery.
[Ord. No. 20-20, 7-21-2020]
34. Domestic Winery.
[Ord. No. 20-20, 7-21-2020]
B. Conditional Uses. The following uses are
permitted as conditional uses, subject to the provisions of this Chapter
and approval by the Board of Aldermen.
1.
Substance abuse treatment facilities.
2.
Rescue missions, overnight shelters,
halfway houses.
3.
Recreational vehicle parks.
C. Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
None
|
Minimum Lot Width
|
None
|
Minimum Lot Depth
|
None
|
Maximum Structure Height
|
Principal structure
|
45 feet
|
Accessory structure
|
16 feet
|
Maximum Floor Area Ratio
|
1.0
|
Minimum Yard Requirements
|
Front yard
|
25 feet, except that on corner lots,
1 of the 2 front yards may be reduced to not less than 15 feet
|
Rear yard
|
20% of the lot depth or 10 feet,
whichever is greater, provided that no more than 25 feet shall be
required
|
Side yard
|
15 feet
|
Maximum Building Coverage
|
50%
|
D. Open Space Requirements. Not less than
twenty percent (20%) of the total lot area shall be devoted to open
space, including required yards and buffer yards. Open space shall
not include areas covered by buildings or structures, parking, loading
and other paved areas and internal streets. Open space shall contain
living ground cover.
E. Design Requirements.
1.
A site plan meeting the requirements of Article
III shall be submitted and approved for all uses.
2.
All development shall meet the buffer yard and landscaping requirements in accordance with Article
VIII.
3.
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to uses shall be screened from view.
5.
Lighting shall be designed so as
to reflect away from adjacent residential districts.
6.
All parking and loading areas shall be provided in accordance with the requirements set forth in Article
IX.
7.
All outdoor storage, except the storage
of motor vehicles in operating condition, shall be enclosed by screening.
Off-street parking and loading spaces and the storage of motor vehicles
in operating condition shall be enclosed when such use abuts a residence
district or is separated from a residence district by only an alley.
[R.O. 2017 § 400.390; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Purpose. The "M-1" Industrial District
is the basic manufacturing district for the City of Battlefield. This
district is intended to accommodate those heavy industries which cannot
entirely eliminate objectionable features and impacts, but which,
with reasonable care, will be able to comply with the standards of
this district.
B. Permitted Uses. The following uses shall
be permitted in the "M-1" Industrial District:
1.
Any storage, manufacturing, processing, assembly, packaging, servicing, testing or repair of goods and materials and business and sales offices accessory thereto which conforms to the performance standards established in Article
VI.
2.
Personal self-service storage facilities, provided that any outdoor storage complies with Subsection
(D), Use Limitations.
[Ord. No. 18-13, 10-16-2018]
3.
Auction sales, flea markets and swap
meets.
4.
Battery recycling and reprocessing.
6.
Manufacturing and production of paving,
roofing and other construction materials using asphaltic and petroleum
based coatings and preserving materials.
7.
Manufactured and modular home manufacturing.
11.
Type I wireless facilities in accordance with Article
VI, Section
400.470.
12.
Type III wireless facilities in accordance with Article
VI, provided wireless towers sixty (60) feet or greater in height allow co-location of at least one (1) additional provider's facilities.
13.
Type IV wireless facilities in accordance with Article
VI, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow co-location of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
14.
Towers, other than wireless facilities,
less than one hundred (100) feet in height and related facilities.
15.
Water reservoirs, water standpipes
and elevated and ground level water storage tanks.
16.
Television and radio studios with
transmitting facilities.
17. Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities as governed by Article 19 of the Missouri State Constitution and applicable State rules and regulations for such facilities and that comply with Article
VI, Section
400.495 of the Battlefield City Code.
[Ord. No. 20-03, 2-18-2020]
C. Conditional Uses. The following uses may
be permitted as conditional uses subject to the provisions of this
Chapter and the approval of the Board of Aldermen.
1.
Accessory residential structure for
a resident watchman and/or caretakers employed on the premises.
2.
Explosives manufacture or storage.
All explosives manufacture or storage shall be subject to the minimum
requirements and regulations of the Bureau of Alcohol, Tobacco and
Firearms Publication ATFP 5400.7 (6/1990) or any subsequent amendments.
3.
Scrap and salvage yards, automobile
wrecking yards, provided that no such use shall be located within
five hundred (500) feet of any residence district.
4.
Acid manufacture, provided that no
such facility shall be located within five hundred (500) feet of any
residence district.
5.
Primary and secondary metal industries
that manufacture, produce, smelt or refine ferrous and non-ferrous
metals.
6.
Type V wireless facilities in accordance with Article
VI.
7.
Towers, other than wireless facilities, exceeding one hundred (100) feet in height and related facilities in accordance with Article
VI.
D. Use Limitations.
1.
No use or operation shall disseminate
dust, smoke, fumes, gas, vibration, noxious odors or glare at or beyond
the property line.
2.
No use or operation shall produce
noise exceeding in intensity at the boundary of the property the average
intensity of noise of street traffic at that point.
3.
No use or operation shall create
fire hazards on surrounding property.
4.
All operations and activities, except
off-street parking, loading and storage, shall be conducted wholly
inside a building or buildings, unless the nearest point of such operation
or activity is more than two hundred (200) feet from the boundary
of any other district.
5.
Storage may be maintained outside
a building in side yards or rear yards if such storage area is screened
from public streets and other property, except property located in
a "M-1" District.
6.
All outdoor storage shall be at least
two hundred (200) feet from any residence district.
7.
All salvage and scrap yards and automobile
wrecking yards shall be enclosed by a solid board fence or wall not
less than ten (10) feet high of new material and well maintained.
E. Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area
|
None
|
Minimum Lot Width
|
None
|
Minimum Lot Depth
|
None
|
Maximum Structure Height
|
50 feet
|
Maximum Floor Area Ratio
|
1.5
|
Minimum Yard Requirements
|
Front yard
|
25 feet
|
Rear yard
|
25 feet
|
Side yard
|
20 feet, except where abutting a
residence district, then 50 feet
|
Maximum Building Coverage
|
None
|
F. Open Space Requirements. Not less than
fifteen percent (15%) of the total lot area shall be devoted to open
space, including required yards and buffer yards. Open space shall
not include areas covered by buildings or structures, parking, loading
and other paved areas and internal streets. Open space shall contain
living ground cover.
G. Design Requirements.
1.
A site plan meeting the requirements of Article
III shall be submitted and approved for all uses.
2.
All development shall meet the buffer yard and landscaping requirements in accordance with Article
VIII.
3.
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article
VIII.
4.
Refuse storage areas, storage for
maintenance, mechanical and electrical equipment or other equipment
incidental to uses shall be screened from view.
5.
Lighting shall be designed so as to reflect away from adjacent residential districts. All development shall meet the buffer yard and landscaping requirements in accordance with Article
VIII.
6.
All parking and loading areas shall be provided in accordance with the requirements set forth in Article
IX.
7.
All outdoor storage, except the storage
of motor vehicles in operating condition, shall be enclosed by screening.
Off-street parking and loading spaces and the storage of motor vehicles
in operating condition shall be enclosed when such use abuts a residence
district or is separated from a residence district by only an alley.
[R.O. 2017 § 400.400; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A. Purpose. The purpose of Planned Development
Districts is to enable greater flexibility, creativity and innovation
in land development and design than is normally possible under traditional
zoning regulations. Planned Development Districts must meet specific
criteria to ensure the protection of health, safety and welfare and
be in accordance with the intent and purposes of the Battlefield Comprehensive
Plan. Specifically, it is the purpose of Planned Development Districts
to achieve one (1) or more of the following goals:
1.
Careful, creative design that is
architecturally harmonious and maintains a positive visual impact
on the community and that creates a sense of place.
2.
More efficient use of land, public
services and infrastructure.
3.
Preservation and protection of significant
natural features such as streams, trees, topographic features and
significant cultural features.
B. Authority. The Board of Aldermen is authorized
to establish Planned Development Districts which may differ from the
provisions of the other zoning districts of this Chapter but are congruent
with the spirit and intent of this Chapter and the Battlefield Comprehensive
Plan.
C. Planned Development Districts — General
Provisions.
1.
Planned Development Districts shall
be established on a parcel of sufficient size to be planned and developed.
Mixed-Use Planned Development Districts shall be established on a
minimum of five (5) acres and Residential Planned Development Districts
shall be established on a minimum of ten (10) acres. The entire tract
or parcel of land for the Planned Development District must be held
in single ownership or the application for the Planned Development
District must be filed jointly by multiple owners.
2.
All Planned Development Districts
shall comply with the following guidelines:
a.
The Planned Development District
should not have an adverse impact on the property value of adjacent
land, nor should it hinder the implementation of the Battlefield Comprehensive
Plan.
b.
Planned Development Districts must
provide for adequate traffic circulation within the development and
must provide adequate connectivity with all modes of the City-wide
transportation network.
c.
No Planned Development District should
impose an undue burden on public services, facilities and infrastructure.
d.
The location of structures, parking
areas, walks, lighting and streets shall be compatible with surrounding
land uses; landscaping should be used where there are no structures,
parking and loading areas or accessways.
e.
A Planned Development District may
be developed in phases, provided that no phase or unit of development
shall be constructed without proportional development of common open
space (if any is to be provided). The residential density at any phase
shall not exceed more than twenty percent (20%) of the proposed residential
density of the entire development.
f.
The Commission may modify the period
of time for completing the entire development and commencement date
for each phase of the planned development if the applicant can show
good cause for doing so, provided that in no case shall any extension
exceed twelve (12) months.
g.
The applicant shall provide and record
easements and covenants and furnish other guarantees deemed necessary
by the Board of Aldermen to assure performance in accordance with
the final development plan and to protect the public interest in the
event of abandonment before the development's completion.
h.
Planned Development Districts shall comply with the off-street parking and loading area requirements of Article
IX of this Chapter.
i.
Specifications for the design of
streets and highways, alleys, public utilities, curbs, sidewalks,
street lights, public playgrounds and parks, stormwater drainage,
water supply and distribution, and sanitary sewers and collection
shall comply with the City of Battlefield design standards for public
improvements.
j.
The Commission may waive or modify
such requirements if the Commission finds that the specifications
will not harm the health, safety and welfare of the residents of Battlefield
and that amended specifications would conform to the Battlefield Comprehensive
Plan and the intent of this Chapter. However, no modification shall:
(1) Allow the use of other
than public sewers and public water supply.
(2) Permit private or gated
streets in a Planned Development District.
3.
The total number of dwelling units
in a Planned Development District shall not exceed the maximum number
of units allowed in the development's underlying zoning district or
districts. The density of dwelling units in a Planned Development
District shall also conform with the lot and bulk regulations of this
Chapter unless the Commission approves a development plan that includes
design and infrastructure elements to accommodate greater densities
in localized areas of the development using these guidelines:
a.
Any reduction in minimum lot size
shall be compensated by equivalent common open space in the balance
of the development.
b.
The Commission shall, in its determination,
also consider that the physical characteristics of the site may make
increased densities appropriate in a particular location.
c.
The total ground area occupied by
buildings and structures shall not exceed thirty-five percent (35%)
of the total ground area of the planned development. If previous development
in the neighborhood exceeds coverage of thirty-five percent (35%),
the coverage area of the Planned Development District may be increased
to correspond with that of the neighborhood as a whole.
d.
All residential lots in a Planned
Development District shall meet the following minimum lot requirements:
(1) Minimum thirty-foot
front yard setback.
(2) Minimum twenty-five-foot
rear yard setback.
(3) Minimum ten-foot side
yard setbacks.
(4) A minimum lot width
of eighty (80) feet.
4.
Common Open Space.
a.
The amount and location of common
open space in a Planned Development District shall be consistent with
its declared function in the application.
b.
The development plan shall include
provisions for the ownership and maintenance of common open space
as is necessary to ensure its continued care and conservation. The
development plan shall also provide for remedial measures that will
be available to the City of Battlefield should the common open space
deteriorate or not be maintained in a manner consistent with the interests
of the residents of the Planned Development District or the residents
of Battlefield.
c.
Adequate safeguards such as recorded
covenants shall be provided in the Planned Development District to
ensure that no residential structure is ever constructed in the common
open space and to prevent use of the common open space which is inconsistent
with the intent of the development plan.
(1) The development plan
shall specify and identify all facilities and structures to be included
in common open space.
(2) Any change in the number
or type of facilities and structures located in common open space
shall constitute a significant change in the planned development plan
and must be reviewed by the Planning and Zoning Commission and approved
by the Board of Aldermen after public hearings have been held before
both bodies.
D. Residential Planned Development Districts.
1.
Residential Planned Development Districts
include dwelling units in detached, semidetached and attached dwelling
units and cultural or recreational uses intended to serve residents
of the neighborhood. The purpose of a Residential Planned Development
District is to allow for creativity in residential design, allow for
a mixture of residential density within the same development, and
encourage the conservation of significant natural or cultural features.
2.
Residential planned developments
may be located in the "R-2" and "R-3" Residence Districts and may
include any of the permitted and conditional uses allowed in the districts,
contingent on the design, intensity and context of surrounding land
uses.
3.
The highest intensity of residential
use in a Residential Planned Development District shall not exceed
the highest intensity use allowed in the parcel's underlying zoning
district. The Board of Aldermen may, however, allow a higher intensity
use than would normally be allowed in the underlying zoning district
if the applicant can show that the design of the development will
minimize the impact of the greater intensity and that the greater
intensity will not jeopardize the health, safety and welfare of Battlefield
residents or the provision of public services.
E. Mixed-Use Planned Development Districts.
1.
The purpose of a Mixed-Use Planned
Development District is to promote greater convenience and innovative
use of land within the same planned development. Mixed-Use Planned
Development Districts may include a combination of residential, office,
commercial and light industrial uses. A mixed-use planned development
must include a commercial or light industrial use; any development
including only residential uses must be developed as a Residential
Planned Development District. A Mixed-Use Planned Development District
must be located in a "C-1," "C-2" or "M-1" Zoning District.
2.
Mixed-Use Planned Development Districts
are also subject to the following provisions:
a.
Screening and buffering in accordance with the provisions of Article
VIII may be required between commercial, industrial and/or residential uses within a Planned Development District or adjacent to the Planned Development District.
b.
The Board of Aldermen may restrict
or require restrictive covenants prohibiting certain uses normally
permitted in any of the above districts and their hours of operation
if those uses will have an adverse impact on other properties located
in or adjacent to the planned development. Considerations for the
limitations of such uses include:
(1) The impact of dust,
chemicals, noise and other pollutants on surrounding properties.
(2) The impact of the hours
of operation of a use and the enjoyment of surrounding property.
(3) The impact of traffic,
freight pickup or deliveries and lighting on surrounding uses.
(4) Outdoor storage and
the storage or manufacturing of hazardous materials.
c.
Residential uses may share the same
multistory structure with a commercial use, provided that residential
dwelling units are limited to the secondary floors of the structure
and that the Board of Aldermen determines that any such an arrangement
will not adversely affect the health, safety and welfare of the residents
of any such units.
F. Preliminary Development Plan — All
Planned Development Districts.
1.
The applicant shall prepare a preliminary
development plan for a Planned Development District and submit it
to the City Clerk. The applicant shall also submit a preliminary plat
concurrent with the preliminary development plan. The application
for the preliminary development plan must include the following:
a.
Survey of the tract that is to be
developed showing streets, alleys, easements, utility lines and topographic
and physical features.
b.
A site plan showing the location
and arrangement of existing and proposed structures, proposed traffic
circulation within the development, parking and loading areas, ingress
and egress points, proposed and existing land uses, zoning districts,
proposed lots and blocks, public and common open spaces, parks, playgrounds,
school sites and recreational facilities.
c.
A statement that includes the anticipated
residential density (when applicable), proposed total gross floor
area, and the percentage of the development to be occupied by structures.
d.
Preliminary sketches of proposed
structures and landscaping.
e.
A schedule of development for each
phase or unit, if the development is to be constructed in phases or
units.
f.
Evidence that the applicant has sufficient
control over the tract of land to effectuate the plan, including a
statement of all ownership and beneficial interests in the parcel.
g.
A survey of the impact of the Planned
Development District on traffic circulation and number of trips in
the vicinity of the proposed development.
h.
A statement showing the relationship
of the Planned Development District to the Battlefield Comprehensive
Plan.
i.
In Mixed-Use Planned Development
Districts, a statement indicating the types of business and/or industries
to be included in the development.
j.
If common open space, common recreational
facilities or common public facilities are part of the proposed development,
a statement describing the provisions for maintaining common facilities.
If a non-governmental authority will be responsible for common areas,
copies of that entity's proposed articles of incorporation or bylaws
must be included.
k.
Statement of proposed restrictive
covenants that are to be recorded with respect to property included
in the Planned Development District. The proposed restrictive covenants
shall include, at a minimum, the following provisions:
(1) The developer shall
remain responsible for all common areas until at least sixty percent
(60%) of all lots are sold.
(2) The developer may transfer
interest in and to the common areas of the planned development after
at least sixty percent (60%) of the lots are sold, but said developer
shall remain responsible for the common areas until all lots in the
development are sold, should the homeowners' association fail to do
so.
(3) There shall be established
a homeowners' association which shall be responsible for the common
areas of the planned development.
(4) The homeowners' association
shall establish a board of directors and the board of directors shall
have responsibility of collecting the assessment and maintaining the
common areas.
(5) Responsibility for the
planned development's common areas shall include maintenance, repairs,
regular mowing, cleanup and any other action necessary to maintain
and keep in proper condition all common areas in the development.
(6) The homeowners' association
shall be required to establish an annual assessment for each lot,
which assessment shall be a lien on each lot owner's property and
which accumulatively shall be in sufficient amounts to pay for the
costs of all maintenance of the common areas.
(7) The City shall have
the right, but not the duty, to enforce maintenance of the common
areas.
(8) Any proposed dissolution
of the homeowners' association shall be subject to the approval of
the City and shall include a proposal for continued maintenance of
the common areas.
G. Actions Of The Planning And Zoning Commission.
1.
The Commission shall hold a public hearing on the preliminary development plan in accordance with the provisions of Article
III within sixty (60) days after the preliminary development plan application has been filed with the City Clerk.
2.
The Commission shall determine its findings regarding the compliance of the preliminary development plan with the standards in Section
400.400(C) and
(D) and transmit those findings to the Board of Aldermen and the applicant within thirty (30) days of the public hearing of the preliminary development plan.
3.
The Commission shall also submit its recommendations regarding approval, disapproval, approval with amendments, conditions or restrictions of the preliminary development plan to the Board of Aldermen at the same time that it submits its findings concerning compliance with Section
400.400(C) and
(D).
H. Actions Of The Board Of Aldermen.
1.
The Board of Aldermen shall hold
a public hearing and approve or disapprove the preliminary development
plan within thirty (30) days after it received the findings and recommendations
of the Commission concerning the preliminary development plan.
2.
If the preliminary development plan
is disapproved, the City shall provide the applicant with a written
statement of the reasons for disapproval of the plan.
3.
The Board of Aldermen may alter the
preliminary development plan and impose such restrictions and conditions
on the planned development as it may deem necessary to ensure that
the development will be in harmony with the general purpose and intent
of this Chapter and with the Battlefield Comprehensive Plan.
4.
When the Board of Aldermen alters
the preliminary development plan or imposes any restrictions or conditions
on such plan, the applicant shall have fifteen (15) days within which
to file an acceptance of such alteration, restriction or condition
with the Board of Aldermen.
5.
When an acceptance is required by
this Section, no ordinance approving a preliminary development plan
and establishing a Planned Development District shall be adopted until
such acceptance had been filed with the Commission.
I. Approval Of Planned Development District.
1.
A Planned Development District shall
be considered an amendment to the zoning regulations. Any ordinance
approving the planned development shall specify the zoning regulations
and restrictions that will apply to the Planned Development District
pursuant to the preliminary development plan and shall set such boundaries
on a map that is incorporated and published as a part of such ordinance,
with the designation "RPD" for Residential Planned Development Districts
and "MPD" for Mixed-Use Planned Development Districts.
2.
Any such ordinance shall also specify the conditions and restrictions that have been imposed by the Board of Aldermen on the planned development and the extent to which the otherwise applicable district regulations have been varied or modified. When the Commission has designated divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Commission to modify the schedule of development to the extent set out in Section
400.400(C)(2).
3.
When the preliminary development
plan is approved and the applicant has accepted any restrictions,
conditions or alterations to the plan, the Board of Aldermen shall
specify the zoning regulations and restrictions that apply in the
planned development district, pursuant to the preliminary development
plan, or set such boundaries out on a map that is incorporated as
a part of such ordinance.
4.
The City Clerk shall transmit a copy
of the ordinance approving and adopting the Planned Development District
to the applicant. The Planned Development District will also be noted
on the Official Zoning Map maintained at Battlefield City Hall.
5.
Preliminary approval of a development
plan shall not qualify as a final plat of the planned development
for recording.
6.
A preliminary development plan which
has been approved, or approved with modifications which have been
accepted by the applicant, shall not be modified, revoked or otherwise
impaired, pending the application for approval of a final development
plan or plans, by any action of the City without the consent of the
applicant. However, such a plan may be modified if the applicant fails
to meet time schedules for filing a final development plan, fails
to proceed with development in accordance with the plans as approved,
or fails to comply with any condition of this Section or any approval
granted pursuant to it in any other manner.
7.
If no time is specified in the ordinance
approving the preliminary development plan, then an application for
approval of a final development plan or of each of its phases shall
be filed within one (1) year.
8.
The preliminary development plan
may be revoked if the applicant, after the approval of the preliminary
development plan but before the approval of the final development
plan:
a.
Chooses to abandon the development
plan and provide written notification to the Commission of such action.
b.
Fails to file an application(s) for
approval of a final plan within the required time period.
9.
Any portion or total of the planned
development not given final approval shall be subject to all provisions
of the zoning regulations as amended and any other ordinance as amended
that was applicable prior to the approval of the preliminary plan.
The Board of Aldermen shall adopt an ordinance repealing the Planned
Development District for that portion not given final approval and
reestablishing the zoning and other ordinances applicable to the land
immediately prior to the Planned Development District. Any such revocation
shall be noted on the Official Zoning Map.
J. Final Development Plan — All Planned
Development Districts.
1.
An application for the approval of
a final development plan must be filed for all the land in the planned
development or one (1) of its phases. Such application shall be filed
by the applicant with the City Clerk and shall be in substantial compliance
with the preliminary development plan as approved. The final development
plan application shall be filed at least fifteen (15) working days
prior to the Commission meeting at which the development plan will
be considered. The applicant shall not submit a final development
plan for approval until the preliminary plat for the development has
been approved by the Board of Aldermen. The applicant shall also submit
a final plat, if applicable, in conformance with the requirements
of the Battlefield Subdivision Regulations concurrent with the final development plan. Substantial
compliance of the final development plan with the preliminary development
plan shall mean that the final plan does not:
a.
Vary the proposed gross residential
density or intensity of use by more than five percent (5%).
b.
Increase the floor area of non-residential
uses by more than five percent (5%).
c.
Increase the total ground area covered
by buildings more than five percent (5%).
d.
Involve a reduction of the area set
aside for common open space.
2.
The application for approval of a
final development plan shall include:
a.
A site plan in conformance with the requirements of Article
III.
b.
Preliminary building plans, including
floor plans and exterior elevations.
c.
Landscaping plans in accordance with Article
VIII.
d.
Copies of any easements and restrictive
covenants.
e.
Proof of the establishment and activation
of any entity that is to be responsible for the management and maintenance
of any common open space or facilities.
f.
Evidence that no lots, parcels or
tracts or dwelling units in such development have been conveyed or
leased prior to the recording of any restrictive covenants applicable
to such planned development.
3.
The applicant may elect to apply
for the final approval of a portion or unit of a phased development,
provided that the applicant is in accordance with the schedule approved
in the preliminary plan and the time limits in the ordinance adopting
the preliminary development plan.
4.
Although no public hearing is required
on a final development plan that is in substantial compliance with
the preliminary development plan as approved, the applicant shall
have the burden to show the Commission good cause for any variation
between the preliminary and final development plans.
5.
The Commission shall grant the final
development plan approval within fifteen (15) days of the Commission
meeting at which the final development plan is considered, if the
following conditions are met:
a.
The final development plan is in
substantial compliance with the preliminary development plan.
b.
No public hearing is required for
the final development plan.
c.
The application for final development
plan approval has been submitted with all required components to the
Commission.
6.
In the interest of the public's safety,
health and welfare, the Commission may, after a meeting with the applicant,
refuse a final development plan that has variations from the preliminary
plan but still is in substantial compliance with the preliminary plan.
a.
The Commission must take such action
within twenty-one (21) working days from the filing of the application
for final approval and advise the applicant in writing the reasons
of such refusal.
b.
The applicant shall have the opportunity
to reapply for approval of the final development plan with a reverted
version that does not include the objectionable variations from the
preliminary plan.
c.
If the Commission informs the applicant
of the refusal after the time limit for reapplication has expired,
the applicant may have sixty (60) additional days to file the final
development plan without the objectionable variations.
d.
If the applicant fails to file within
this time period, it will be presumed that the applicant has refused
to accept the requirements set forth by the Commission and final approval
is deemed to be denied.
7.
Should the final development plan
not be in substantial compliance with the preliminary development
plan as approved, the Commission shall notify the applicant in writing
of this fact within ten (10) working days of the date the decision
was made, specifying the reasons why the final development plan is
not in substantial compliance with the preliminary development plan.
a.
The applicant may make the changes
required by the Commission to bring the final development plan into
compliance or the applicant may request that the Commission hold a
public hearing on the application for final approval.
b.
Any such public hearing shall be conducted in the manner prescribed in Article
III.
c.
Within thirty (30) days of the conclusion
of the public hearing, the Commission shall by resolution either grant
or deny approval of the final development plan.
d.
The grant or denial of approval of the final development plan shall follow the form and contain the findings of the preliminary development plan as set out in Section
400.400(H) of this Chapter.
(1) The applicant must take
either alternative action within the time period specified for final
approval. In the event that the Commission informs the applicant of
the matter when the time to request for final approval has expired,
the applicant shall have sixty (60) additional days to apply for final
approval.
(2) If the applicant takes
no action, it will be presumed that the applicant has abandoned the
plan.
8.
A final development plan or any unit
thereof that has been approved by the Planning and Zoning Commission
shall be so certified by the City Clerk and shall be filed in the
office of the City Hall and shall be recorded by the Greene County
Recorder of Deeds. No final development plan shall be recorded nor
shall any lot be sold or transferred until all public improvements
have been installed in accordance with the final development plan
and final plat, if applicable. In the event the Commission fails to
act, either by grant or by denial of final approval within the prescribed
time, the final plan shall be deemed to be approved.
9.
Pending the completion of the planned
development within a reasonable time, any approved final development
plan, as approved, shall be immune to modification except with the
consent of the applicant.
10.
If a final development plan or one (1) of its phases is approved and the applicant abandons part or all of the development plan and notifies the City in writing or fails to complete the planned development or one (1) of its phases within a reasonable period of time after final approval has been granted, then no further development shall take place on the property until that property has been reclassified by enactment of an amendment to this Chapter as prescribed in Article
III.
K. Amendments To Planned Development District. A Planned Development District ordinance or an approved preliminary or final development plan may be amended by the Board of Aldermen, but only after a finding of fact and recommendations have been prepared by the Commission and transmitted to the Board of Aldermen in the manner required by Article
III. Both the Commission and the Board of Aldermen shall hold public hearings on any such amendment before taking action on the amendment in accordance with the provisions of Article
III.