[Ord. No. 2974 §1(Art. 10 §146), 11-2-2004; Ord. No. 3001 §1, 5-17-2005; Ord.
No. 3030 §1, 9-20-2005; Ord. No. 3055 §1, 1-17-2006; Ord.
No. 3121 §1, 12-19-2006; Ord. No. 3246 §1, 5-20-2008; Ord.
No. 3354 §1, 8-18-2009; Ord. No. 3471 §1, 6-20-2011; Ord.
No. 3482 §1 9-6-2011; Ord. No. 3535 §1, 9-25-2012; Ord. No. 3632 § 1, 6-17-2014; Ord. No. 3660 § 1, 3-3-2015; Ord. No. 3729 § 1, 5-17-2016; Ord. No. 3748 §1, 9-20-2016; Ord.
No. 3848, 6-18-2019; Ord. No. 3860, 8-6-2019; Ord. No. 3861, 8-6-2019; Ord. No. 3862, 8-6-2019; Ord. No. 3863, 8-6-2019; Ord. No. 3959, 7-19-2022; Ord. No. 3981, 11-15-2022; Ord. No. 3984, 12-6-2022; Ord. No. 4005, 11-21-2023; Ord.
No. 4014, 2-20-2024]
Table 400.530 District Regulations is included as an attachment
to this Chapter.
[Ord. No. 2974 §1(Art. 10 §147), 11-2-2004]
A. Subject to Section
400.535, when used in connection with a particular use in the Table of Permissible Uses (Section
400.530), the letter "Z" means that the use in Table of Permissible Uses is permissible in the indicated zone with a zoning permit issued by the Administrator. The letter "C" means a conditional use permit must be obtained from the Planning and Zoning Commission.
B. When used in connection with residential uses (use classification
1.000), the designation "ZC" means that such developments of less
than five (5) dwelling units do not require a conditional use permit.
C. When used in connection with non-residential uses, the designation
"ZC" means that such developments require a zoning permit if the lot
to be developed is less than one and one-half (1 1/2) acres in
size and a conditional use permit if the lot is one and one-half (1 1/2)
acres or larger in area.
D. Use of the designation "ZC" for combination uses is explained in Section
400.550.
[Ord. No. 2974 §1(Art. 10 §148), 11-2-2004]
Notwithstanding any other provisions of this Article, whenever the Table of Permissible Uses (interpreted in the light of Section
400.533 and the other provisions of this Article) provides that a use in a non-residential zone or a non-conforming use in a residential zone is permissible with a zoning permit, a conditional use permit shall nevertheless be required if the Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.
[Ord. No. 2974 §1(Art. 10 §149), 11-2-2004]
A. The presumption established by these regulations is that all legitimate uses of land are permissible within at least one (1) zoning district in the City. Therefore, because the list of permissible uses set forth in Section
400.530 (Table of Permissible Uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.
B. Notwithstanding Subsection
(A), all uses that are not listed in Section
400.530 (Table of Permissible Uses), even given the liberal interpretation mandated by Subsection
(A), are prohibited. Nor shall Section
400.530 (Table of Permissible Uses) be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
C. Without limiting the generality of the foregoing provisions, the
following uses are specifically prohibited in all districts:
1.
Any use that involves the manufacture, handling, sale, distribution
or storage of any highly combustible or explosive materials, including
fireworks.
2.
Use of a travel trailer or tent as a temporary or permanent
residence.
3.
Use of a manufactured house (mobile home) for any purpose other
than a residence.
4.
The use of an over the road truck trailer for a storage building
or sign.
D. Pursuant
to Table 400.530, there shall be a thousand-foot (1,000 ft) buffer
from an existing elementary or secondary school, child day-care center
or a church for the following Uses:
[Ord. No. 3864, 8-6-2019]
1. Use 2.300 pertaining to Medical Marijuana Dispensary Facilities,
2. Use 4.300 pertaining to Medical Marijuana-Infused Products Manufacturing
Facilities,
3. Use 4.400 pertaining to Medical Marijuana Testing Facilities, and
4. Use 25.300 pertaining to Medical Marijuana Cultivation Facilities.
The thousand-foot (1,000 ft) buffer shall be measured per the
regulations of the Missouri Department of Health and Senior Services.
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[Ord. No. 2974 §1(Art. 10 §150), 11-2-2004]
A. The Table of Permissible Uses (Section
400.530) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use:
1.
Constitutes only an incidental or insubstantial part of the
total activity that takes place on a lot; or
2.
Is commonly associated with the principal use and integrally
related to it, then the former use may be regarded as accessory to
the principal use and may be carried on underneath the umbrella of
the permit issued for the principal use. For example, a swimming pool/tennis
court complex is customarily associated with and integrally related
to a residential subdivision or multi-family development and would
be regarded as accessory to such principal uses, even though such
facilities, if developed apart from a residential development, would
require a conditional use permit (use classification 6.210).
B. For purposes of interpreting Subsection
(A):
1.
A use may be regarded as incidental or insubstantial if it is
incidental or insubstantial in and of itself or in relation to the
principal use;
2.
To be "commonly associated" with a principal use it is not necessary
for an accessory use to be connected with such principal use more
times than not, but only that the association of such accessory use
with such principal use takes place with sufficient frequency that
there is common acceptance of their relatedness.
C. Without limiting the generality of Subsections
(A) and
(B), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
1.
Offices or studios within an enclosed building and used by an
occupant of a residence located on the same lot as such building to
carry on administrative or artistic activities of a commercial nature,
so long as such activities do not fall within the definition of a
home occupation.
2.
Hobbies or recreational activities of a non-commercial nature.
3.
The renting out of one (1) or two (2) rooms within a single-family
residence (which one (1) or two (2) rooms do not themselves constitute
a separate dwelling unit) to not more than two (2) persons who are
not part of the family that resides in the single-family dwelling.
4.
Yard sales or garage sales, so long as such sales are not conducted
on the same lot more than twice and for no more than four (4) days
duration each during any twelve (12) month period.
D. Without limiting the generality of Subsections
(A) and
(B), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.
1.
Storage outside of a substantially enclosed structure of motor
vehicles that are neither licensed nor operational.
2.
Parking outside a substantially enclosed structure of more than
four (4) motor vehicles between the front building line of the principal
building and the street on any lot used for purposes that fall within
the following principal use classifications: 1.100, 1.200 or 1.400.
[Ord. No. 2974 §1(Art. 10 §151), 11-2-2004]
A. Notwithstanding any other provisions of these regulations, no zoning
or conditional use permit is necessary for the following uses:
2.
Electric power, telephone, telegraph, cable television, gas,
water and sewer lines, wires or pipes, together with supporting poles
or structures, located within a public right-of-way.
3.
Neighborhood utility facilities located within a public right-of-way
with the permission of the owner (State or City) of the right-of-way.
[Ord. No. 2974 §1(Art. 10 §152), 11-2-2004]
A. A substantial change in use of property occurs whenever the essential
character or nature of the activity conducted on a lot changes. This
occurs whenever:
1.
The change involves a change from one principal use category
to another.
2.
If the original use is a combination use (29.000) or planned
unit development (30.000), the relative proportion of space devoted
to the individual principal uses that compose the combination use
or planned unit development use changes to such an extent that the
parking requirements for the overall use are altered.
3.
If the original use is a combination use or planned unit development
use, the mixture of types of individual principal uses that comprise
the combination use or planned unit development use changes.
4.
If the original use is a planned residential development, the
relative proportions of different types of dwelling units change.
5.
If there is only one (1) business or enterprise conducted on
the lot (regardless of whether that business or enterprise consists
of one (1) individual principal use or a combination use), that business
or enterprise moves out and a different type of enterprise moves in
(even though the new business or enterprise may be classified under
the same principal use or combination use category as the previous
type of business). For example, if there is only one (1) building
on a lot and a florist shop that is the sole tenant of that building
moves out and is replaced by a clothing store, that constitutes a
change in use even though both tenants fall within principal use classification
2.111. However, if the florist shop were replaced by another florist
shop, that would not constitute a change in use since the type of
business or enterprise would not have changed. Moreover, if the florist
shop moved out of a rented space in a shopping center and was replaced
by a clothing store, that would not constitute a change in use since
there is more than one (1) business on the lot and the essential character
of the activity conducted on that lot (shopping center—combination
use) has not changed.
B. A mere change in the status of property from unoccupied to occupied
or vice versa does not constitute a change in use. Whether a change
in use occurs shall be determined by comparing the two (2) active
uses of the property without regard to any intervening period during
which the property may have been unoccupied, unless the property has
remained unoccupied for more than three hundred sixty-five (365) consecutive
days or has been abandoned.
C. A mere change in ownership of a business or enterprise or a change
in the name shall not be regarded as a change in use.
[Ord. No. 2974 §1(Art. 10 §153), 11-2-2004]
The 2.000, 3.000 and 4.000 classifications in the Table of Permissible Uses are written in very broad terms. However, it is the intention of these regulations that uses described in those classifications are permissible in an area zoned "C-5" only when the particular use is in accordance with the objectives of the "C-5" zoning district set forth in Section
400.505. Thus, tourist-oriented retail stores or outlet stores that are oriented toward interstate traffic are permitted, while major grocery stores that are primarily oriented toward and draw their business mostly from area residents are not.
[Ord. No. 2974 §1(Art. 10 §154), 11-2-2004]
A. When a combination use comprises two (2) or more principal uses that
require different types of permits (zoning or conditional use), then
the permit authorizing the combination use shall be:
1.
A conditional use permit if any of the principal uses combined
requires a conditional use permit.
2.
A zoning permit in all other cases.
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This is indicated in the Table of Permissible Uses by the designation
"ZC" in each of the columns adjacent to the 29.000 classification.
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B. When a combination use consists of a single-family detached residential subdivision that is not architecturally integrated (see Section
400.635) and two-family or multi-family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.
C. When a combination use consists of a single-family detached, architecturally integrated subdivision and two-family or multi-family uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified in Section
400.620.
[Ord. No. 2974 §1(Art. 10 §155), 11-2-2004]
Whenever a development could fall within a more than one (1) use classification in the Table of Permissible Uses (Section
400.530), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130, "office or clinics of physicians or dentists with not more than ten thousand (10,000) square feet of gross floor area" more specifically covers this use and therefore is controlling.