[Ord. No. 020227 §1(5.1), 2-27-2002]
A.
Permitted Uses. The Agricultural District is intended to
provide for the operation of agricultural and related uses in areas
where residential and other non-farm development is not imminent.
The following uses are permitted in the "A-1" District:
1.
Agricultural uses, but not including commercial poultry farms, hog
farms, feedlots or other confined animal feeding operations; provided
that any greenhouse or any building in which farm animals are kept
shall be a distance not less than two hundred (200) feet from any
dwelling other than a farm dwelling and from any lot in any residential
district.
2.
Single-family detached dwelling on a lot with an area of at least
ten (10) acres.
3.
Single-family detached modular dwelling on a lot with an area of
at least ten (10) acres.
4.
Single-family dwellings existing at the time the district is mapped.
5.
Truck gardens, limited to the propagation and cultivation of plants,
provided no retail or wholesale sale is conducted on the premises.
6.
Kennels, stables and dairies, provided that any building or enclosure
in which animals are kept shall be a distance of not less than two
hundred (200) feet from any residential district.
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.
Accessory uses customary to and incidental to permitted agricultural
uses and including roadside stands offering for sale only agricultural
products produced on the premises.
13.
Public utility water reservoirs, water standpipes and elevated and
ground-level storage tanks.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
C.
Minimum Lot Size, Bulk And Open Space Requirements.
|
Minimum lot area
|
10 acres
| |
|
Minimum Lot Width
| ||
|
Single-family dwellings
|
200 feet
| |
|
All other permitted uses
|
200 feet
| |
|
Minimum Lot Depth
| ||
|
All permitted uses
|
140 feet
| |
|
Maximum structure height
|
30 feet
| |
|
Minimum Yard Requirements
| ||
|
Front yard
|
50 feet
| |
|
Rear yard
|
50 feet
| |
|
Side yard
|
25 feet
| |
|
Dwellings, minimum first floor area
|
900 square feet
| |
[Ord. No. 081222B §5(Exh. A §2), 12-22-2008]
A.
Purpose. The Airport Overlay Zoning Districts are intended
to regulate the development of noise-sensitive land uses, to promote
compatibility between the Springfield-Branson National Airport and
the surrounding land uses, to protect the Springfield-Branson National
Airport from incompatible development and to promote the health, safety
and general welfare of property users.
B.
Airport Overlay Zoning Districts. The Airport Overlay Zoning
Districts shall be known and designated as "AO-1" and "AO-3" and shall
be shown on the official Zoning Map. The "AO-2" designation is not
currently used.
C.
Overlay Districts Boundaries. The "AO" district boundaries
shall include (Figure 4-1):
1.
"AO-1" District. All areas within two thousand (2,000)
feet of any airport runway centerline extending out ten thousand (10,000)
feet from both ends of any airport runway.
2.
"AO-2" District. Not currently used.
3.
"AO-3" District. All areas encompassing the airport zones defined in the Airport Zoning Law, Revised Missouri Statutes Chapter 305, defined as follows:
Beginning at a point on the end of any runway and on the centerline
of the runway; thence to the right a distance of five hundred (500)
feet on a course perpendicular to said centerline to a point; thence
to a point two thousand (2,000) feet to the right of and perpendicular
to the centerline extended which point is directly opposite a point
ten thousand (10,000) feet from the end of the runway on the said
centerline extended away from the runway; thence to a point two thousand
(2,000) feet to the left of and perpendicular to the centerline extended
which point is directly opposite a point ten thousand (10,000) feet
from the end of the runway on the said centerline extended away from
the runway; thence to a point five hundred (500) feet to the left
of the point of beginning and perpendicular to the said centerline;
thence to the point of beginning.
D.
Split-Zoned Tracts And Structures.
1.
Where a part of a tract of land lies within an Airport Overlay Zoning
District, the district requirements shall only apply within the part
of the tract located in the district. The "AO-3" District shall take
precedence over the "AO-1" District.
2.
A structure which is located partly within an Airport Overlay Zoning
District and partly outside shall be considered to be entirely within
an Airport Overlay Zoning District. The "AO-3" District shall take
precedence over the "AO-1" District.
E.
Allowed Uses.
1.
Within the Airport Overlay Zoning Districts as defined herein, no
land shall be used and no structure or other object shall hereafter
be erected, altered, converted or modified other than for those compatible
land uses permitted by the underlying zoning districts.
a.
b.
In the "AO-3", no dwellings shall be permitted to be constructed other than single-family dwellings, including manufactured homes, each of which shall be on a lot or parcel of land of ten (10) acres or more. When these uses are allowed within the "AO-3" District, measures to achieve outdoor to indoor noise level reduction (NLR) as outlined in Subsection (H) are required. If a lot of less than ten (10) acres lawfully existed at the effective date of this Article, a single-family dwelling or manufactured home may be placed on the lot provided:
c.
The following land uses are prohibited in the "AO-3" District regardless
of the underlying zoning district: hotels and motels.
F.
Additional Land Use Regulations.
1.
When a subdivision plat or building permit is required for any property
within an Airport Overlay Zoning District, the property owner shall
dedicate an avigation easement to the City over and across that property.
This easement shall establish a height restriction on the use of the
property and hold the public harmless from any damages caused by noise,
vibration, fumes, dust, fuel, fuel particles or other effects that
may be caused by the operation of aircraft taking off, landing or
operating on or near the Springfield-Branson National Airport.
2.
Notwithstanding any other provisions of this Article or other Section
of the Springfield City Code, no use may be made of land, water or
structures within any zoning district established by this Article
in such a manner as to create electrical interference with navigational
signals or radio communication between the airport and aircraft, make
it difficult for pilots to distinguish between airport lights and
others, or result in glare in the eyes of pilots using the airport;
impair visibility in the vicinity of the airport; create bird strike
hazards or otherwise in any way endanger or interfere with the landing,
taking off or flight operations of aircraft utilizing the airport.
3.
No building or structure shall be constructed nor shall any landscaping
growth be maintained which exceeds fifty (50) feet in height in an
Airport Overlay Zoning District.
G.
Certification Of Plans.
1.
The Director of Building Development Services shall not issue a building permit for any structure within the zones set forth in Subsections (B) and (C) unless the plans and specifications accompanying the application for said building permit have been certified by a registered professional engineer or registered professional architect in the State of Missouri as meeting the noise level reduction (NLR) standards specified in Subsection (H).
2.
The registered professional architect or engineer must certify that
said plans and specifications shall reduce the noise impact from outdoor
to indoor noise level, at least the minimum specified in this Section,
using commonly accepted engineering and architectural acoustical practices.
|
Figure 4-1
|
|---|
 |
H.
Noise Level Reduction (NLR) Standards.
1.
In an Airport Overlay Zoning District, allowed land uses shall meet
minimum construction standards to achieve a minimum outdoor to indoor
NLR of thirty (30) decibels. The Director of Building Development
Services shall establish rules for how to determine if construction
standards will achieve a minimum outdoor to indoor NLR of thirty (30)
decibels. Such rule shall be filed with the City Clerk.
2.
The required minimum NLR applies to all portions of a structure where
the public is received, office areas, public assembly rooms, sleeping
areas, noise sensitive areas or where the normal noise level is low.
[1]
Editor's Note — Ord. no. 081222B §1, adopted December
22, 2008, repealed section 400.410 "AP" airport district and enacted
new provisions set out above. Former section 400.410 derived from
ord. no. 020227 §1(5.2), 2-27-2002.
[Ord. No. 020227 §1(5.3), 2-27-2002; Ord. No. 021111 §1, 11-11-2002; Ord. No. 050926 §1, 9-26-2005; Ord. No. 101228B §1, 12-28-2010; Ord. No. 101228D §2, 12-28-2010]
A.
Permitted Uses. The "R-1" Single-Family Residence District
is intended primarily for single-family detached dwellings at maximum
densities of two and one-half (2.5) 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.
Family day care homes that meet the following requirements:
a.
Use as proposed on a site plan filed with the applications does not
conflict with this or any other ordinance of the City.
b.
No inventory of merchandise is maintained for the purpose of wholesale
or retail sale on said premises.
c.
Existing building and land proposed to be converted to uses for family
day care homes must meet all fire, health, building, housing, plumbing
and electrical requirements of the City, may be subject to inspection
at any time, and must meet all City requirements and City codes prior
to issuance of a business license.
d.
The health, safety and general welfare of the area are not adversely
affected and the intent of this Chapter is upheld.
e.
The use of all land or buildings arranged, designed or intended for
play space, required parking for staff and patrons shall be located
behind the lot front setback line.
f.
The operation of the facility shall be restricted to the hours between
6:00 A.M. and 6:00 P.M.
4.
Residential 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.
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, recreation facilities,
golf courses and community buildings, all of a non-commercial nature.
9.
Government buildings of a cultural, service or administrative type,
not including repair garages or yards, storage yards or warehouses,
provided that any such building shall be located not less than twenty-five
(25) feet from any other lot in any residential district.
10.
Public utilities and buildings, transportation, pipeline and utility
easements and rights-of-way, except for office buildings, garages
and shops, loading yards and warehouses.
11.
Truck gardens, limited to the propagation and cultivation of plants,
provided no retail or wholesale sale is conducted on the premises.
12.
Nurseries and greenhouses, agricultural uses, but not including commercial poultry farms, hog farms, feedlots or other confined animal feeding operation or kennels; provided that any greenhouse or any building in which farm animals are kept shall be a distance not less than two hundred (200) feet from any dwelling other than a farm dwelling and from any lot in any residential district. See Article VI, Section 400.570 for more information on animals.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
C.
Minimum Lot Size, Bulk And Open Space Requirements.
|
Minimum Lot Area
| ||
|---|---|---|
|
Single-family dwellings
|
15,000 square feet
| |
|
All other permitted uses
|
1 acre
| |
|
Minimum Lot Width
| ||
|
Single-family dwellings
|
100 feet
| |
|
All other permitted uses
|
200 feet
| |
|
Minimum Lot Depth
| ||
|
All permitted uses
|
140 feet
| |
|
Maximum Structure Height
| ||
|
Principal structure
|
30 feet
| |
|
Accessory structure
|
16 feet
| |
|
Minimum Yard Requirements
| ||
|
Front yard
|
35 feet
| |
|
Rear yard
|
50 feet
| |
|
Side yard
|
15 feet, except that on corner lots, side yard setback shall
be 20 feet on the side next to a street.
| |
|
Maximum lot coverage
|
40%
| |
|
Dwellings, minimum first floor area
|
900 square feet
| |
D.
Design Requirements.
1.
Unless exempted by Section 400.340(C), a site plan meeting the requirements of Article XIV 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.
[Ord. No. 020227 §1(5.4), 2-27-2002; Ord. No. 050711 §1, 7-11-2005]
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 five (5)
dwelling units per acre. The district is also intended to serve as
a transition between the less intense "R-1" Single-Family District
and the "R-3" Multi-Family 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 semi-detached dwellings, such as patio homes, one (1)
dwelling per lot.
3.
Single-family detached modular dwellings, one (1) dwelling per lot.
5.
Duplex dwellings.
6.
Family day care homes.
7.
Residential group homes.
8.
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.
9.
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.
10.
Publicly owned or operated parks, playgrounds and community buildings.
12.
Police and fire stations.
13.
Public utilities and pipelines, utility easements and rights-of-way,
except for office buildings, garages and shops, loading yards and
warehouses.
14.
Public water reservoirs, water standpipes and elevated and ground-level
water storage tanks.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
C.
Minimum Lot Size, Bulk And Open Space Requirements.
|
Minimum Lot Area
| ||
|
Single-family dwellings
|
15,000 square feet
| |
|
Cluster subdivision tract area
|
20 acres
| |
|
Single-family dwelling in cluster subdivision
|
10,500 square feet
| |
|
Patio homes
|
6,000 square feet
| |
|
Duplex dwellings
|
5,000 square feet
| |
|
All other permitted uses
|
15,000 square feet
| |
|
Minimum Lot Width
| ||
|
Single-family dwellings
|
100 feet
| |
|
Single-family dwelling in cluster subdivision
|
80 feet
| |
|
Patio homes
|
100 feet
| |
|
Duplex
|
80 feet
| |
|
All other permitted uses
|
100 feet
| |
|
Minimum Lot Depth
| ||
|
Single-family dwelling in cluster subdivision
|
120 feet
| |
|
Patio homes
|
120 feet
| |
|
Duplex
|
125 feet
| |
|
All other uses
|
140 feet
| |
|
Maximum Structure Height
| ||
|
Principal structure
|
30 feet
| |
|
Accessory structure
|
16 feet
| |
|
Minimum Yard Requirements
| ||
|
Front yard
|
35 feet for single-family dwelling in cluster subdivision, 25
feet for patio homes and duplexes, 50 feet for all other uses
| |
|
Rear yard
|
35 feet for single-family dwelling in cluster subdivision, 25
feet for patio homes and duplexes, 50 feet all other uses
| |
|
Side yard
|
10 feet for single-family dwelling in cluster subdivision. For
patio homes, 10 feet on the side yard where the shared common wall
is not located, 10 feet for duplexes, 15 feet for all other uses.
On corner lots, side yard setback shall be 20 feet on the side next
to a street.
| |
|
Maximum lot coverage
|
40%, 50% for patio homes and duplexes.
| |
|
Dwellings, Minimum Floor Area
| ||
|
Single-family dwelling
|
900 square feet
| |
|
Duplex dwelling
|
500 square feet
| |
D.
Design Requirements.
1.
Unless exempted by Section 400.340(C), a site plan meeting the requirements of Article XIV 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.
[Ord. No. 020227 §1(5.5), 2-27-2002; Ord. No. 050711 §1, 7-11-2005]
A.
Permitted Uses. The "R-3" Multi-Family Residence District
is designed for multi-family residential developments at up to twelve
(12) dwelling units per acre. The following uses are permitted in
the "R-3" District:
1.
Single-family dwellings existing at the time the district is mapped.
2.
Duplexes.
3.
Multi-family dwellings.
4.
Town houses.
5.
Family day care and group day care homes.
6.
Custodial group homes and residential group homes.
7.
Boarding, rooming and lodging houses.
8.
Residential, intermediate and skilled nursing care facilities.
9.
Bed and breakfasts.
10.
Churches and other places of worship, including parish houses and
Sunday schools, but excluding rescue missions and overnight shelters.
11.
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.
12.
Public and private parks, playgrounds, community buildings and golf
courses, excluding miniature golf courses and driving ranges.
16.
Public utilities and governmental buildings, including transformer
stations, pumping stations, lift stations, water reservoirs, standpipes,
elevated and ground level water storage tanks, but excluding office
buildings, garages and shops, loading yards and warehouses.
18.
Accessory apartments in owner-occupied, single-family detached dwellings.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
C.
Minimum Lot Size, Bulk And Open Space Requirements.
|
Minimum Lot Area
| ||
|
Duplex dwellings
|
5,000 square feet per dwelling unit
| |
|
Multi-family dwellings
|
3,000 square feet per dwelling unit
| |
|
All other permitted uses
|
15,000 square feet
| |
|
Minimum Lot Width
| ||
|
Dwellings
|
70 feet
| |
|
Duplexes
|
80 feet
| |
|
All other permitted and conditional uses
|
100 feet
| |
|
Minimum Lot Depth
| ||
|
Duplexes
|
125 feet
| |
|
All other permitted uses
|
140 feet
| |
|
Maximum Structure Height
| ||
|
Principal structure
|
35 fee
| |
|
Accessory structure
|
16 feet
| |
|
Minimum Yard Requirements
| ||
|
Front yard
|
30 feet, 25 feet for duplexes.
| |
|
Rear yard
|
40 feet, 25 feet for duplexes.
| |
|
Side yard
|
10 feet for duplex dwellings, 15 feet for other uses. On corner
lots, side yard setback shall be 20 feet on the side next to a street.
| |
|
Maximum lot coverage
|
40%, 50% for duplexes.
| |
|
Dwellings, minimum first floor area
|
500 square feet per dwelling unit
| |
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 400.340(C), a site plan meeting the requirements of Article XIV 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.
[Ord. No. 020227 §1(5.6), 2-27-2002]
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 five (5) dwelling units per acre. The following
uses are permitted in the "R-4" District:
1.
Single manufactured homes on individual lots.
2.
Manufactured home parks.
3.
Manufactured home subdivisions.
4.
Residential group homes.
5.
Family day care homes and group day care homes.
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, 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.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
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
|
8,000 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
|
150 feet
| |
|
Maximum Structure Height
| ||
|
Principal structure
|
35 feet
| |
|
Accessory structure
|
16 feet
| |
|
| ||
|
Minimum Yard Requirements
| ||
|
Front yard
|
40 feet
| |
|
Rear yard
|
40 feet
| |
|
Side yard
|
40 feet for manufactured home park, 12 feet for other uses
| |
|
Maximum lot 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 XIV 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.
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 six
hundred (600) feet from a fire hydrant.
H.
Design Requirements For Manufactured Home Parks.
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 (1) 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 six
hundred (600) 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 from 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.
[Ord. No. 020227 §1(5.7), 2-27-2002; Ord. No. 021111 §1, 11-11-2002]
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.
3.
Day care center.
4.
Governmental buildings and uses.
5.
Laundry and dry cleaning self-service.
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
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.
14.
Residential uses existing at the time the district is mapped.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
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" Multi-Family 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
|
None
| |
|
Maximum building coverage, including accessory structures
|
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 XIV 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.
[Ord. No. 020227 §1(5.8), 2-27-2002; Ord. No. 021111 §1, 11-11-2002]
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, provided that
no such building or premises is closer than one hundred (100) feet
to the boundary of any residence district.
4.
Banks and financial institutions, including automatic teller machines
and drive-through facilities.
5.
Boat sales and rental.
6.
Car wash.
7.
Clinics, dental laboratories and similar medical service facilities.
8.
Funeral home.
9.
Greenhouse, nursery or garden stores, on-premises sales permitted.
10.
Health and fitness centers, including dance studios.
11.
Hardware, home improvement and builder supply stores.
12.
Heating, air-conditioning and plumbing stores.
13.
Library, museum, art gallery and similar uses.
14.
Liquor store and tavern.
15.
Manufactured home sales and rental, but not including the use of
a manufactured home as a residence.
16.
Monument sales, outside storage permitted.
17.
Motels and hotels, when located on a State or Federal highway.
18.
New or used automobile, recreational vehicle or motorcycle sales
and service facilities, outside storage permitted, but excluding the
wrecking of motor vehicles.
19.
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.
20.
Off-street parking facilities.
21.
Pest control services.
22.
Public and private parks, playgrounds and golf courses, including
miniature golf courses and driving ranges.
23.
Restaurants, including drive-in facilities.
24.
General retail sales and rental of goods, merchandise and equipment.[1]
[1]
Editor's Note: Former Subsection (A)(25), regarding personal
self-service storage facilities, which immediately followed, was repealed
12-20-2018 by Ord. No. 181220E. Remaining Subsections were renumbered
from (A)(26) — (A)(34) to (A)(25) — (A)(33).
25.
Residential dwellings existing at the time the district was mapped.
26.
Service stations or gas stations, including repair shops.
27.
Schools, professional, business and trade.
28.
Veterinarian, animal hospital or kennel, provided that no such building,
kennel or exercise runway is closer than three hundred (300) feet
to the boundary of any residence district.
32.
Type IV wireless facilities in accordance with Article VI, Section 400.600, 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 collocation 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.
33.
Water reservoirs, water standpipes and elevated and ground-level
water storage tanks.
34.
(Reserved)
35.
Medical marijuana dispensaries.
[Ord. No. 190923, 9-23-2019]
36.
Medical marijuana testing facility.
[Ord. No. 190923, 9-23-2019]
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 181220E, 12-20-2018; Ord. No. 201214A, 12-28-2020]
C.
Lot Size, Bulk And Open Space Requirements.
|
Minimum lot area
|
None
|
|
Minimum lot width
|
None
|
|
Minimum lot depth
|
None
|
|
Maximum structure height
|
45 feet
|
|
Maximum floor area ratio
|
1.0
|
|
Minimum Yard Requirements
| |
|---|---|
|
Front yard
|
25 feet
|
|
Rear yard
|
None
|
|
Side yard
|
None
|
|
Maximum building coverage (including accessory structures)
|
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 XIV 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.
F.
Standard For Medical Marijuana Dispensary And Testing Facilities.
No building shall be constructed, altered or used as a medical marijuana
dispensary or testing facility without complying with the following
regulations of this Subsection:
[Ord. No. 190923, 9-23-2019]
1.
Distance Requirement. No medical marijuana dispensary or testing
facility shall be located within three hundred (300) feet of a then-existing
elementary or secondary school, or child day-care center. Measurements
shall be made from the center threshold of the main public entrances
of such premises by the most direct walking route. There shall be
no distance requirement for a church.
2.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed on the premises of a medical marijuana dispensary
or testing facility building.
3.
Hours Of Operation. All sales or distribution of medical marijuana
and any other products at medical marijuana dispensaries shall take
place between the hours of 8:00 A.M. and 10:00 P.M.
4.
Display Of License Required. The medical marijuana dispensary
or testing facility license issued by the State of Missouri shall
be displayed in a prominent place in plain view near the front entrance
of the facility.
5.
Zoning Limitations. Medical marijuana dispensaries or testing
facilities shall be limited to the C-2 General Business District located
in the City of Willard.
7.
Waste generated by facilities shall be disposed of in accordance
with requirements promulgated by the Department of Health and Senior
Services and other applicable Federal, State and local laws, whichever
shall be more restrictive, to prevent exposure to the public or create
a nuisance.
8.
Odor Control. No facility shall emit any odor of marijuana which
is capable of being smelled by a person of ordinary senses outside
of the boundary of the lot on which the facility is located. If a
facility is located in a multiple-tenant building, the facility shall
not emit any odor of marijuana which is capable of being detected
by a person of ordinary senses outside of the tenant space in which
the facility is located.
[Ord. No. 170911A § 3, 9-25-2017]
A.
Permitted
Uses. The "O" Office District is designed to permit low intensity
office or professional facilities in and near residential neighborhoods.
The following uses are permitted in the "O" District:
1.
Any residential dwellings existing at the time the district is mapped.
As a conforming use, such a dwelling can be expanded or, if destroyed,
replaced with another dwelling of the same type within eighteen (18)
months of being destroyed.
2.
Community centers, non-profit.
4.
Offices for educational, religious, cultural, public, or non-profit
institutions such as churches, museums, art galleries and libraries,
but not including correctional institutions or hospitals.
5.
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.
6.
Clinics, dental laboratories and similar medical service facilities.
7.
Police and fire stations.
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
C.
D.
Lot
Size, Bulk And Open Space Requirements.
|
Minimum lot area
|
None
|
|
Minimum lot width
|
None
|
|
Minimum lot depth
|
None
|
|
Maximum structure height
|
45 feet
|
|
Maximum floor area ratio
|
1.0
|
|
Minimum Yard Requirements
| |
|---|---|
|
Front yard
|
35 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 (including accessory structures)
|
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 XIV 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.
Refuse storage areas, storage for maintenance, mechanical and electrical
equipment or other equipment incidental to uses shall be screened
from view.
4.
All buildings in the "O" District shall be constructed using materials,
textures and colors that are compatible with and similar in nature
to surrounding residential development.
[Ord. No. 020227 §1(5.9), 2-27-2002]
A.
Purpose. The "M-1" Light Industrial District is intended
to allow for industrial operations and related activities that do
not create nuisances and hazards. Industrial operations and activities
are permitted provided they are conducted inside a building, although
outdoor storage is permitted subject to limitations. The following
uses are permitted in the "M-1" District:
1a.
Any use permitted in a C-2 Zoning District.
[Ord. No. 130610D §1, 6-10-2013]
2.
Ambulance service offices or garages.
3.
Any storage, manufacturing, processing, assembly, packaging, servicing,
testing or repair of goods and materials and business and sales offices
accessory thereto.
4.
Any establishment which provides supplies and/or services primarily
to commercial and industrial customers, such as sign shops, janitorial
services, packaging or shipping services, photocopying, publishing,
blueprinting and similar uses.
5.
Bakeries.
6.
Funeral homes, mortuaries and crematoriums.
7.
Governmental buildings and uses.
8.
Heating, air-conditioning and plumbing sales and service.
9.
Hardware, home improvement and building supply stores.
10.
Heavy machinery and equipment sales, rental and service.
11.
Laundry, dry cleaning and carpet cleaning services.
12.
Manufactured home sales and rental, but not including the use of
a manufactured home as a residence.
13.
Pest control services.
14.
Police and fire stations.
15.
Recording studios.
16.
Schools, business, industrial and trade.
17.
Retail sales of products produced by the principal use, provided
that the gross amount of floor area devoted to sales and display does
not exceed twenty-five percent (25%) of the gross floor area of the
structure.[1]
[1]
Editor's Note: Former Subsection (A)(18), regarding personal
self-storage facilities, which immediately followed, was repealed
12-20-2018 by Ord. No. 181220E. Remaining Subsections were renumbered
from (A)(19) — (A)(26) to (A)(18) — (A)(25).
18.
Veterinary clinics, animal hospitals and kennels.
19.
Warehousing, storage and distribution centers.
21.
Type III wireless facilities in accordance with Article, VI Section 400.600, provided wireless towers sixty (60) feet or greater in height allow collocation of at least one (1) additional provider's facilities.
22.
Type IV wireless facilities in accordance with Article VI, Section 400.600, 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 collocation 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.
24.
Water reservoirs, water standpipes and elevated and ground-level
water storage tanks.
25.
Television and radio studios with transmitting facilities.
26.
(Reserved)
27.
Medical marijuana cultivation facility.
[Ord. No. 190923, 9-23-2019]
28.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 190923, 9-23-2019]
B.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 181220E, 12-20-2018; Ord. No. 201214A, 12-28-2020]
C.
Use Limitations.
1.
There shall be no offensive noise, dust, smoke, odors, heat or glare
noticeable at or beyond the property line.
2.
All operations and activities, except off-street parking, loading
and storage, shall be conducted wholly inside a building or buildings.
3.
Storage may be maintained outside a building in side yards or rear
yards if such storage area is screened from public streets and from
other property, except property located in an "M-2" District. All
outdoor storage shall be at least one hundred (100) feet from any
residence district.
4.
No building shall be used for residential purposes, except that a
guard or caretaker employed on the premises and his/her family, may
reside on the premises.
D.
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
|
0.50
|
|
Minimum Yard Requirements
| |
|---|---|
|
Front yard
|
25 feet
|
|
Rear yard
|
30 feet
|
|
Side yard
|
20 feet
|
|
Maximum lot coverage
|
50%
|
E.
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.
F.
Design Requirements.
1.
A site plan meeting the requirements of Article XIV 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 and mechanical and electrical equipment shall
be screened from view.
5.
Lighting shall be designed so as to reflect away from adjacent residential
districts.
G.
Standards For Medical Marijuana-Infused Products Manufacturing And
Cultivation Facilities. No building shall be constructed, altered
or used as a medical marijuana-infused products manufacturing or cultivation
facility without complying with the following regulations of this
Subsection:
[Ord. No. 190923, 9-23-2019]
1.
Distance Requirement. Measurements shall be made from the center
threshold of the main public entrances of such premises by the most
direct walking route.
a.
Type 1. No extraction facility using combustible or hazardous
gases shall be located within one thousand (1,000) feet of a then-existing
elementary or secondary school, or child day-care center. There shall
be no distance requirement for a church.
b.
Type 2. No post-extraction or cultivation facilities that do
not use combustible or hazardous gases shall be located within five
hundred (500) feet of a then-existing elementary or secondary school,
or child day-care center. There shall be no distance requirement for
a church.
2.
Operations Or Storage. All operations and all storage of materials,
products, or equipment shall be within a fully secured area inside
the building structure.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed on the premises of any medical marijuana-infused
products manufacturing or cultivation facility.
4.
Display Of License Required. The medical marijuana-infused products
manufacturing or cultivation facility license issued by the State
of Missouri shall be displayed in a prominent place in plain view
near the front entrance of the facility.
5.
Site Plan Review Required. Any plans for a medical marijuana-infused products or cultivation facility shall meet the requirements of Article III, Section 400.340, and Article XIV, Section 400.1160, of the Willard Municipal Code and all related building codes currently adopted by the City of Willard.
6.
Waste generated by facilities shall be disposed of in accordance
with requirements promulgated by the Department of Health and Senior
Services and other applicable Federal, State and local laws, whichever
shall be more restrictive, to prevent exposure to the public or create
a nuisance.
7.
Odor Control. No facility shall emit any odor of marijuana which
is capable of being smelled by a person of ordinary senses outside
of the boundary of the lot on which the facility is located. If a
facility is located in a multiple-tenant building, the testing facility
shall not emit any odor of marijuana which is capable of being detected
by a person of ordinary senses outside of the tenant space in which
the facility is located.
[Ord. No. 020227 §1(5.10), 2-27-2002; Ord. No. 050110C §1, 1-10-2005]
A.
Purpose. The "M-2" General Manufacturing District is the
basic manufacturing district for the City of Willard. 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-2" General Manufacturing District:
1.
Any use permitted in the "M-1" Light Industrial District.
2.
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 Subsection (D).
3.
Auction sales, flea markets and swap meets.
4.
Battery recycling and reprocessing.
5.
Feed stores.
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.
8.
Motor freight terminals.
9.
Recycling centers.
10.
Lumberyards.
13.
Type IV wireless facilities in accordance with Article VI, Section 400.600, 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 collocation 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.
C.
Conditional
Uses. Certain non-conforming uses may be located within the district
by written permission by the Board of Aldermen after written notice
to all landowners within one hundred eighty-five (185) feet of the
proposed use, followed by a public hearing; provided, that in the
Board of Aldermen's judgment, such use will not seriously injure the
appropriate use of neighboring property and will conform to the general
intent and purpose of this Chapter, and, further provided that such
use shall comply with the height, area and other regulations of the
district in which they may be located, as well as any additional restrictions
as may be ordered.
[Ord. No. 201214A, 12-28-2020]
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, except
for the "M-1" 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 an "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 lot 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 XIV 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.
[Ord. No. 020227 §1(5.11), 2-27-2002]
A.
Purpose. The purpose of the Highway 160 Parkway Corridor
Overlay District is to enhance and preserve the visual image and aesthetic
quality along this major entryway corridor in the City of Willard;
to foster a sense of place and community identity that enhances the
desirable open space qualities of small community/rural life in the
Ozarks; and to promote and protect the public's safety and general
welfare. The Highway 160 Corridor through the City of Willard provides
a driving/ visual experience unique to major highway corridors in
the Springfield metropolitan area. The topography and location of
Highway 160 provides a wide variety of slopes, overlooks, rock outcrops
and curves through an area development predominantly in agricultural
uses with some residential subdivisions and limited commercial/industrial
development. Protection and preservation of this corridor through
restriction of certain signs and through regulation of architectural
standards of appearance of buildings and structures constructed or
erected within the corridor is deemed an appropriate action to promote
the public's safety and general welfare.
B.
Highway 160 Parkway Corridor District Defined. The Highway
160 Parkway Corridor Overlay District is defined as encompassing all
property within six hundred (600) feet of the rights-of-way lines
of Highway 160 within the boundaries of the City of Willard.
C.
Permitted Uses. All uses permitted as principal uses, accessory or temporary uses or conditional use in the underlying zoning district shall be permitted in the Highway 160 Parkway Corridor District, except those listed in Section 400.470(B) and Section 400.480(B) Conditional Uses, provided that the provisions in the following Subsections shall be complied with in addition to all applicable requirements of the underlying district.
[Ord. No. 181220E, 12-20-2018]
D.
Sign Regulations. All signs located in the Highway 160 Parkway Corridor as defined herein shall be in compliance with the provisions of Article X, provided that the following additional restrictions shall apply:
1.
No portable signs or roof signs shall be permitted within the Highway
160 Parkway Corridor.
2.
In any underlying zoning district within the Highway 160 Parkway
Corridor District where off-premises signs are permitted, any off-premises
sign oriented towards Highway 160 shall be located a distance of at
least one thousand two hundred (1,200) feet from any other off-premises
sign oriented towards Highway 160. However, in no case shall more
than one (1) off-premises sign be permitted on any parcel or lot.
3.
Off-premises detached signs shall not have more than one (1) surface
containing copy in each direction.
E.
Exterior Building Facade Regulations. This Subsection shall
apply to all buildings or structures, excluding fences, erected in
the "C-1", "C-2", "M-1" and "M-2" Zoning Districts within the Highway
160 Parkway Corridor Overlay District:
1.
Any building or other structure erected shall have a stone, brick,
wood or decorative block exterior or other similar facade treatment
on that side of said building or structure which faces on Highway
160. If said building or structure also faces on a street that intersects
with Highway 160, faces an adjacent residential district or faces
a street that separates said building or structure from a residential
district, then such side or sides of the building or structure shall
also be in conformance with the requirements of this Subsection.
2.
Any building or other structure erected within the Highway 160 Parkway
Corridor Overlay District shall conform to minimum architectural standards
of appearance and in conformity with surrounding structures and shall
not be unsightly or unsuitable buildings, detrimental to the stability
of value and welfare of surrounding property, structures and residents
and to the general welfare of the community.
3.
Prior to the issuance of a building permit, the developer shall submit
architectural design plans for the building or structure to the Planning
and Zoning Commission for review and determination of compliance with
this Subsection.
[Ord. No. 020227 §1(5.12), 2-27-2002; Ord. No. 070108C §1, 1-8-2007]
A.
Authority. Upon enactment of an ordinance by the Board of
Aldermen, a development plan for a Planned Development District may
be approved in any district in the City of Willard, subject to the
procedures and standards in this Section.
B.
Purpose. The intent of the Planned Development ("PD") District
is to encourage more creative and imaginative design than generally
is possible under conventional zoning regulations. It is intended
to permit, upon application and upon approval of site and use plans,
the creation of "PD" districts. Suitability of such tracts for the
"PD" District designation shall be determined by and shall be made
in accordance with the Comprehensive Plan and designed to lessen congestion
in the streets, to secure safety from fire, panic and other dangers,
to promote health and the general welfare, to provide adequate light
and air, to prevent the over-crowding of land, to avoid undue concentration
of population, to preserve features of historical significance, to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, other public requirements and with a reasonable consideration
being given to, among other things, the character of the district
and its peculiar suitability for particular uses and with a view to
conserving the land throughout the City.
The procedures herein established are intended to substitute
procedural protections for substantive regulations in recognition
of the fact that traditional density, bulk, spacing and use regulations,
which may be useful in protecting the character of substantially developed
areas, may impose inappropriate and unduly rigid restrictions upon
the development or redevelopment of parcels which lend themselves
to an individual, planned approach. In addition, a development plan
should be designed to ensure that the following general goals will
be achieved.
1.
The proposed development 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 Willard Comprehensive Plan.
2.
The development will efficiently utilize the available land and will
protect and preserve, to the extent possible, natural features of
the land such as trees, streams and topographic features.
3.
The development shall provide for harmonious and coherent site and
building design that creates a sense of place.
4.
The development will be located in an area in which transportation,
Police and fire protection, other public facilities and public utilities,
including sewerage, are or will be available and adequate for the
uses proposed; provided however, that the applicant may make provision
for such facilities or utilities which are not presently available.
5.
In determining whether a proposed "PD" District should be approved,
the Planning and Zoning Commission and the Board of Aldermen should
consider the extent to which the proposed development plan is consistent
with the Willard Comprehensive Plan and the other adopted plans and
policies of the City.
6.
To achieve these purposes, the requirements for a "PD" District may
vary from and be either more or less restrictive than the requirements
of other district regulations in this Article.
C.
Effect Of Planned Development District Approval. Approval
of a "PD" District shall constitute an amendment to the zoning ordinance.
Designation of a property as a "PD" District in accordance with an
approved development plan shall supersede all existing and prior zoning
classifications. Such property shall for zoning purposes be identified
by the letters PD followed by an identifying number.
D.
Uses And Densities Permitted. The development plan shall
specify both for the project as a whole and/or for subareas within
the project, as appropriate, those principal and accessory uses and
development densities that are to be permitted. The Planning and Zoning
Commission may recommend to the Board of Aldermen and the Board of
Aldermen may include or exclude uses from the development plan or
include uses with attached conditions as appropriate to achieve the
intent of these provisions. In making its determination of the uses
and development densities to be permitted within the "PD" District,
the Planning Zoning Commission and the Board of Aldermen may consider
the compatibility and relationship of uses within the project, the
compatibility and relationship of permitted uses adjoining or in proximity
to the "PD" district, the appropriateness of permitted uses for the
area in general and their overall impact on the community and the
consistency of the permitted uses with the Willard Comprehensive Plan
and other adopted plans and policies.
E.
Application. An application for approval of a development
plan may be filed by the owner of, or any person having a contractual
interest in, the property which is the subject of the application.
G.
Sketch Plan. Prior to filing a preliminary development plan,
the applicant shall prepare a sketch plan of the proposed planned
development for review by the Director of Development and such other
City department heads as may be desirable. The Director of Development
shall coordinate sketch plan review of the proposed planned development
and shall organize a meeting wherein any person who lives or owns
real property within one hundred eighty-five (185) feet of any property
being brought into a planned development district may inquire of the
developer of the planned development district as to his/her vision
of how the planned development district will effect its surrounding
neighbors and to keep an open line of communication between the developer
and the neighbors of the planned development district. An invitation
shall also be sent by mail, postage paid, to all neighborhood association
officers if there is a recognized neighborhood association. This meeting
shall be at a time and place mutually agreeable to both the developer
and the City of Willard. The developer shall pay for all costs associated
with the meeting herein required. Upon completion of the sketch plan
review, the Director of Development shall forward to the Planning
and Zoning Commission for public hearing with written comments with
respect to the proposed planned development and shall also provide
such recommendations as may inform and assist the applicant in preparing
an application for approval of a "PD" District.
H.
Public Hearing. After giving the notice required by Section 400.360 of the Willard Land Development Regulations, a public hearing on the proposed sketch plan shall be set, advertised and conducted by the Board of Aldermen within forty-five (45) days of action or failure to act by the Planning and Zoning Commission. Within thirty (30) days following the conclusion of the public hearing, unless a delay is requested by the applicant, the Board of Aldermen shall either:
I.
Preliminary Development Plan.
1.
Purpose and effect. The preliminary development
plan is intended to provide the applicant with an opportunity to submit
a plan showing the basic concept, character and nature of the entire
proposed planned development without becoming involved in the preparation
of detailed development plans or engineering drawings. In order to
permit the City and the applicant to proceed with some assurance,
approval of the preliminary development plan binds the applicant and
the City with respect to the following development constraints:
a.
Categories of uses to be permitted;
b.
Overall maximum density of residential uses and intensity of non-residential
uses;
c.
General location of vehicular and pedestrian circulation systems;
d.
General location and extent of public and private open space;
e.
General location of residential and non-residential land uses; and
f.
Staging of development.
2.
Application. Upon completion of the sketch plan
requirements, an application for a preliminary development plan may
be submitted. Twelve (12) copies of applications for approval of a
preliminary development plan shall be submitted to the Director of
Development.
The application for a preliminary development plan shall be
in such form and shall contain such information and documentation
as shall be prescribed from time to time by the Director of Development
in written rules but shall in all instances contain at least the following
information and documentation, which information and documentation,
taken together, shall constitute a preliminary development plan:
a.
The applicant's name and address and his/her interest in the subject
property.
b.
The owner's name and address, if different than the applicant, and
the owners signed consent to the filing of the application.
c.
The names and addresses of all professional consultants advising
the applicant with respect to the proposed planned development.
d.
The legal description of the subject property.
e.
The zoning district classification and present use of the subject
property.
f.
One (1) or more maps at a scale of not less than one (1) inch to
two hundred (200) feet delineating the existing physical characteristics
of the site, including:
(1)
Topography at contours not more than five (5) feet;
(2)
Slopes of fifteen percent (15%) or more;
(3)
Property boundary lines and dimensions; available utilities;
and easements, roadways, rail lines and public rights-of-way crossing
and adjacent to the subject property.
(4)
Watercourses, drainage ways, sinkholes, ground water recharge
areas, ponds, lakes and bodies of water;
(5)
A generalized description of vegetation and tree cover;
(6)
Marshes and floodplains, including the delineation of the 100-year
floodplain, where applicable;
(7)
Drainage patterns;
(8)
Other physical features that may affect the development of the
property that the applicant may wish to delineate.
g.
A map depicting both the existing development of the subject property
and appropriate adjacent property and showing the approximate location
of existing streets, property lines, easements, water mains and storm
and sanitary sewers.
h.
A written statement, with supporting graphics, generally describing
the overall concept of the proposed planned development, the market
which it is intended to serve and its relationship to the Willard
Comprehensive Plan; the uses included and any limitations upon uses;
a description of the general architectural design or theme to be employed;
building types and prototypical site layouts, if appropriate; any
proposed agreement, dedications or easements; any proposed private
covenants and restrictions; and any other information required by
this Article or pertinent to a determination of compliance with this
Article.
i.
One (1) or more maps at a scale of not less than one (1) inch to
two hundred (200) feet and a written description of the proposed planned
development describing the following features of the project:
(1)
A general land use plan with a description of the type, location
and nature of land use within each area of the development;
(2)
A proposed traffic circulation concept which illustrates both
external and internal trafficways related to the development, including
proposed right-of-ways, travel lanes and other transportation improvements;
(3)
A generalized layout and description of water service, sanitary
sewerage, utilities, refuse collection, management of stormwater runoff
and similar essential services;
(4)
A generalized landscape plan for the development, including
the buffer and perimeter areas;
(5)
A delineation and description of the minimum open space areas,
including the buffer and perimeter area;
(6)
A description of screening and berming adjacent to existing
residential areas; and
(7)
A sign plan that coordinates the size, location, illumination
and relation to surrounding uses of signs within the proposed planned
development.
j.
A tabulation of the following information:
(1)
The approximate total number of dwelling units proposed by type
of structure and approximate number of bedrooms for multi-family units;
(2)
The approximate total square feet of building floor area proposed
for non-residential uses by general type of use;
(3)
The total land area, expressed in acres and as a percent of
the total development area, proposed to be devoted to residential
and non-residential uses, by type of structure; streets; and off-street
parking and loading areas; and
(4)
The proposed number of off-street parking and loading spaces
for each proposed type of land use.
k.
If the planned development is proposed for construction in phases
during a period extending beyond a single construction season, a proposed
and tentative schedule for the development of such phases shall be
submitted, stating the approximate beginning and completion date for
each phase, the proportion of the total public and private open space
and the proportion of each type of proposed land use to be provided
or constructed during each such phase; and the overall chronology
of development to be followed from phase to phase. All public improvements
directly related to each phase shall be completed at the time the
phase is developed and improvements serving the proposed planned development
as a whole and any adjoining area in the planned development shall
be completed in a sequence assuring full utility of the planned development
as a whole and all areas within the planned development. All public
improvements shall also be completed so that future public improvements
required by this Article and other applicable ordinances of the City
are not compromised or rendered unduly difficult.
l.
Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed planned development, including
a statement of all legal, beneficial, tenancy and contractual interests
held in or affecting the subject property and including a current
certified abstract of title or commitment for title insurance.
m.
A traffic impact analysis indicating the relationship of the proposed
development to traffic and road use and plans in the immediate surrounding
area.
3.
Public notice and hearing before Planning and Zoning Commission. After giving the notice required by Section 400.360 of the Willard Land Development Regulations, a public hearing on the development plan shall be set, advertised and conducted by the Planning and Zoning Commission within twenty-eight (28) days of the filing of a complete application in accordance with the provisions of this Section.
4.
Action by Planning and Zoning Commission. Within sixty (60) days following the conclusion of the public hearing, unless a delay is requested by the applicant, the Planning and Zoning Commission shall transmit to the Board of Aldermen its recommendation that the preliminary development plan either be approved, be approved subject to modifications or not be approved; otherwise the plat is deemed approved by the Commission. In considering the preliminary development plan and formulating its recommendation, the Planning Commission shall be guided by the standards made applicable to proposed planned developments by Subsection (B).
The failure of the Planning and Zoning Commission to act within
sixty (60) days following the conclusion of such hearing, or such
longer period as may be agreed to by the applicant, shall be deemed
a recommendation for the denial of the preliminary development plan
as submitted.
5.
Public notice and hearing before Board of Aldermen. After giving the notice required by Section 400.360 of the Willard Land Development Regulations, a public hearing on the proposed development plan shall be set, advertised and conducted by Board of Aldermen within forty-five (45) days of action or failure to act by Planning and Zoning Commission in accordance with the provisions of this Section.
6.
Action by Board of Aldermen. Within thirty (30)
days following the conclusion of the public hearing, unless a delay
is requested by the applicant, the Board of Aldermen shall either
refuse to approve the preliminary development plan; shall refer it
back to the Planning and Zoning Commission for further consideration
of specified matters; or shall, by ordinance duly adopted, approve
the preliminary development plan with or without modifications to
be accepted by the applicant as a condition of such approval; provided
however, that if such plan is approved with modifications, no application
for approval of a final development plan shall be filed or considered
until the applicant has filed with the Director of Development his/her
written consent to such modifications. In the event the Board of Aldermen
shall fail to act within the time limit herein specified, the preliminary
development plan shall be deemed finally denied. Within seven (7)
days of the Board of Aldermen's action or its failure to act as above
provided, the Mayor or his/her designee shall mail notice thereof
to all parties entitled thereto.
7.
Action by applicant. When a preliminary development plan has been approved or approved with modifications acceptable to the applicant, the applicant shall proceed to file a final development plan in accordance with the provisions of Subsection (J) below.
8.
Effect of preliminary development plan approval. Unless the applicant shall fail to meet time schedules for filing
a final development plan or plans or shall fail to proceed with development
in accordance with the plans as approved or shall in any other manner
fail to comply with any condition of this Section or any approval
granted pursuant to it, 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.
9.
Standards for approval of a preliminary development plan. A preliminary development plan shall contain at least the following
provisions:
a.
Intensity of development. The preliminary development
plan shall contain provisions to regulate the intensity of development
within the planned development district. Such provisions may apply
to the project as a whole or to subareas within the project.
(1)
For non-residential development, the intensity of development
may be regulated:
(a)
By specifying a floor area ratio (FAR) or ratios;
(b)
By specifying maximum square footage or gross leasable area;
(c)
By specifying setbacks, height and bulk restrictions; or
(d)
By a combination of such restrictions for the project as a whole
or for components or subareas within the project. In addition, non-residential
preliminary development plans may specify performance standards to
be imposed on the project and restrictions regarding the location
and nature of industrial, commercial and other non-residential activities.
In making its determination regarding the intensity of development
and appropriate performance standards, the Planning and Zoning Commission
and the Board of Aldermen may consider the character and scale of
similar development, the character and scale of surrounding development
and the area in general, the real or anticipated impact on public
facilities and services.
(2)
The maximum number of dwelling units permitted shall be computed based on the requirements of Subsection (D). The permitted number of dwellings units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this Section. The preliminary development plan shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the Planning and Zoning Commission and the Board of Aldermen may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services.
b.
Uses permitted. For non-residential development
the specific uses shall be listed. For residential uses the types
of dwellings shall be listed.
c.
Bulk, area and height requirements. The preliminary
development plan shall specify bulk, area and height restrictions
for the project as a whole or for sub-areas and/or components of the
project. In making its determination regarding such restrictions,
the Board of Aldermen may consider the character and scale of the
proposed development as it relates to other uses and structures both
within the district and outside the district and the general character
and scale of similar development within the area of the proposal.
d.
Public facilities. The preliminary development plan
shall specify conditions, restrictions and standards relating to the
timely provision of necessary public facilities. In making its determination
regarding such conditions, restrictions and standards, the Board of
Aldermen may consider the adequacy of existing facilities, the timely
provision of adequate facilities, the impact of the proposed development
on existing and/or planned facilities and the overall cost to the
community.
e.
Access to public thoroughfares. The preliminary
development plan shall specify the location and general design of
ingress and egress to the project along with any proposed access restrictions.
The Board of Aldermen may impose such access standards and restrictions
as are necessary to protect the integrity and function of the City's
thoroughfare system and to insure the safe and efficient circulation
of vehicles and pedestrians within the "PD" District. In making its
determination regarding such access standards and restrictions, the
Board of Aldermen may consider the classification and function of
the thoroughfare system, existing and projected volumes, the condition
and design of the affected thoroughfares, the effect of the proposed
development on traffic flow and circulation patterns and the consistency
with the Willard Comprehensive Plan and other adopted plans and policies.
f.
Off-street parking and loading requirements. Unless
specifically modified by the preliminary development plan, the off-street
parking and loading requirements imposed by this Article shall apply.
Reductions in off-street parking and loading standards may be approved
only if it can be demonstrated that parking demand will be less due
to design and/or occupancy characteristics of the project and/or the
availability of public transportation.
g.
Sign requirements. The sign plan shall be approved only if the general intent of the sign regulations, Article X, regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.
h.
Landscaping and perimeter treatment. The preliminary
development plan shall specify the design and arrangement of landscaping
on all open space areas in the "PD" District and on all buffer and
perimeter areas provided to mitigate the impact of the project upon
adjoining properties and/or to achieve an appropriate transition between
land uses and densities. The Board of Aldermen may impose such standards
and requirements for perimeter treatment it deems necessary to protect
adjoining properties from adverse effects and to achieve an appropriate
transition of land uses and densities.
J.
Final Development Plan.
1.
Purpose. The final development plan is intended
to particularize, refine and implement the preliminary development
plan. A final development plan may be submitted for the entire planned
development or in phases as approved in the preliminary development
plan. When approving the preliminary development plan, the Planning
and Zoning Commission and the Board of Aldermen may permit review
and approval of the final development plan in its entirety or for
specified portions of the project. Planning and zoning review and
approval shall be granted only if the preliminary development plan
offers sufficient detail and assurances to adequately safeguard the
public interest or review procedures normally required by other regulations
would offer adequate review to safeguard the public interest.
2.
Application. Upon approval of the preliminary development
plan, the applicant shall submit an application for final development
plan approval to the Director of Development. The application for
final development plan may include the entire area included in the
approved preliminary development plan or one (1) or more stages or
units thereof in accordance with a staging plan approved as part of
the preliminary development plan. The application shall contain a
plan which refines, implements and is in substantial conformity with
the approved preliminary development plan and shall contain such information
and documentation as shall be prescribed from time to time by the
Planning and Zoning Commission but shall in all instances contain
at least the following information and documentation, which information
and documentation, taken together, shall constitute a final development
plan:
a.
The applicant's name and address and his/her interest in the subject
property.
b.
The owner's name and address, if different than the applicant, and
the owner's signed consent to the filing of the application.
c.
A legal description of the property for which final development plan
approval is sought.
d.
The date on which preliminary development plan approval was granted.
e.
A preliminary plat of subdivision that includes a survey certified
by a registered land surveyor. A survey shall be required even if
a plat is not necessary.
f.
A tabulation of the following information with respect to the area
included in the final development plan:
(1)
The total number of dwelling units proposed by type of structure
and number of bedrooms for multi-family;
(2)
The total square feet of building floor area proposed for non-residential
uses by general type of use;
(3)
The total land area, expressed in acres and as a percent of
the total development area, proposed to be devoted to residential
uses by type of structure; non-residential uses; public and private
open space; streets; and off-street parking and loading areas; and
(4)
The proposed number of off-street parking and loading spaces
for each proposed type of land use.
g.
A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the "PD" District, including materials and techniques to be used. A statement and plan of the proposed treatment of the buffer and perimeter areas of the proposed planned development, including materials and techniques to be used. The plan shall be approved only if the general intent of the screening regulations, Article VIII, and landscaping and buffer yard regulations are satisfied.
h.
When the proposed planned development or stage thereof includes provisions
for public or private open space or service facilities, a statement
describing the provision that is to be made for the dedication or
care and maintenance of such open space or service facilities. If
it is proposed that such open space be owned or maintained by any
entity other than a governmental authority, copies of the proposed
articles of incorporation and bylaws of such entity shall be submitted.
i.
Copies of any restrictive covenants that are to be recorded with
respect to property included in the final development plan.
j.
Utility plans indicating placement of water mains, sanitary and storm
sewerage, gas, electric and telephone lines and related facilities.
k.
A statement summarizing all changes which have been made in any document,
plan, data or information previously submitted, together with revised
copies of any such document, plan or date.
l.
Proof of recording any easements and restrictive covenants prior
to the sale of any land or structure or portion thereof within the
planned development and of the establishment and activation of any
entity that is to be responsible for the management and maintenance
of any public or private common open space or service facility.
m.
All certificates, seals and signatures required for the dedication
of land and recordation of documents.
n.
Such other and further information as the Planning and Zoning Commission
and Board of Aldermen shall find necessary to a full consideration
of the entire proposed planned development or any stage or unit thereof.
3.
Substantial conformity defined. A final development
plan shall be deemed not to be in substantial conformity with an approved
preliminary development plan if it:
a.
Increases by more than five percent (5%) from the maximum density approved in the preliminary development plan, except that in no event shall the maximum density exceed the density permitted for the underlying district by Subsection (D);
b.
Increases by more than five percent (5%) the maximum floor area to
be devoted to any residential or non-residential use;
c.
Increases height by more than five percent (5%);
d.
Decreases by more than five percent (5%) the area approved for public
and private open space or changes the general location of such areas;
e.
Relocates approved circulation elements to any extent that would
decrease the ability of such elements to function efficiently, adversely
affect their relation to surrounding lands and circulation elements
or would reduce their effectiveness as buffers or amenities;
f.
Significantly alters the arrangement of land uses within the planned
development;
g.
Violates any provision of the codes and ordinances applicable to
the proposed planned development; or
h.
Departs from the preliminary development plan in any other manner
which the Planning and Zoning Commission or Board of Aldermen shall,
based on stated findings and conclusions, find to materially alter
the plan or concept for the proposed planned development.
4.
Action by the Planning and Zoning Commission. When
the Planning and Zoning Commission's approval has been granted in
the preliminary development plan, within thirty (30) days following
the submission of a complete application for the final development
plan or such longer period as may be agreed to by the applicant, the
Planning and Zoning Commission shall review the plan with respect
to its conformity to the approved preliminary development plan; with
respect to the merit or lack of merit of any departure of the final
development plan from substantial conformity with the preliminary
development plan; and with respect to compliance of the final development
plan with any conditions imposed by approval of the preliminary development
plan and with the provisions of this Article and all other applicable
Federal, State and City codes, ordinances and regulations. If the
Planning and Zoning Commission finds that there is substantial conformity
between such plans and shall further find the final development plan
to be in all other respects complete and in compliance with any conditions
imposed by approval of the preliminary development plan and with the
provisions of this Article and all other applicable, Federal, State
and City codes, ordinances and regulations, it shall forward it to
the Board of Aldermen for final approval.
If the Planning and Zoning Commission shall find that the final
development plan lacks substantial conformity to the preliminary development
plan but merits approval notwithstanding such lack of conformity,
it shall transmit such plan to the Board of Aldermen together with
its recommendation that the final development plan be approved.
In any case, where the Planning and Zoning Commission finds
that the final development plan lacks substantial conformity to the
preliminary development plan and does not merit approval, it shall
transmit such plan to the Planning and Zoning Commission, together
with its recommendation that the final development plan not be approved.
5.
Action by Board of Aldermen. Within forty-five (45)
days following the submission by the applicant or referral from the
Planning and Zoning Commission of a complete application for the final
development plan or such longer period as may be agreed to by the
applicant, the Board of Aldermen shall review the plan with respect
to its conformity to the approved preliminary development plan; with
respect to the merit or lack of merit of any departure of the final
development plan from substantial conformity with the preliminary
development plan; and with respect to compliance of the final development
plan with any conditions imposed by approval of the preliminary development
plan and with the provisions of this Article and all other applicable
Federal, State and City codes, ordinances and regulations.
If the Board of Aldermen finds that there is substantial conformity
between such plans and shall further find the final development plan
to be in all other respects complete and in compliance with any conditions
imposed by approval of the preliminary development plan and with the
provisions of this Article and all other applicable, Federal, State
and City codes, ordinances and regulations, it shall approve the final
development plan. The Board of Aldermen's action shall constitute
final approval of the final development plan.
If the Board of Aldermen shall find that the final development
plan lacks substantial conformity to the preliminary development plan
but merits approval notwithstanding such lack of conformity, the final
development plan shall be approved subject to its recommendations.
In any case, where the Board of Aldermen finds that the final
development plan lacks substantial conformity to the preliminary development
plan and does not merit approval, it shall not be approved. The failure
of the Board of Aldermen to act within the aforesaid time period shall
be deemed a denial of the final development plan as submitted.
K.
Building And Other Permits. Upon, but not before, receiving
notice that the final development plan has been approved and upon
application by the applicant, all appropriate officials of the City
may issue building and other permits to the applicant for development,
construction and other work in the area encompassed by the approved
final development plan; provided however, that no such permit shall
be issued unless the appropriate official is first satisfied that
the requirements of any codes or ordinances of the City have been
met which are applicable to the permit sought.
L.
Adjustments To Plan During Development. During the construction
of a planned development, the Board of Aldermen may authorize minor
adjustments to the final development plan when such adjustments appear
necessary in light of technical or engineering considerations first
discovered during actual development. Such minor adjustments must
be brought to the Board of Aldermen's attention and must be voted
on to be approved and made a part of the final development plan.
M.
Amendments To Final Development Plan. In addition to the minor adjustments authorized by Subsection (K) above, an approved final development plan may be amended, varied or altered in the same manner and subject to the same limitations as any other regulation established by this Article. In addition, an approved final development plan may be amended or altered pursuant to the procedures established by this Section for its original approval.
N.
Compliance With Final Development Plan. The construction
and operation of a planned development shall be in compliance with
the approved final development plan at all times.
