City of Smithville, MO
Clay County
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Table of Contents
Table of Contents

Section 400.090 "A-1" Agricultural District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.090), 4-2-2013]
A. 
Intent. It is the intent of this district to preserve and protect agricultural resources. The district is not intended to serve the homeowner who lives on a small suburban lot, but is designed to accommodate agricultural operations on substantial acreages. Uses that might have nuisance characteristics, if intermingled in developed residential areas, are permitted on the premise that they are no more offensive than normal agricultural uses. In "A-1" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses. The following uses shall be permitted in "A-1" Districts:
1. 
Agricultural operations, including, livestock farms; apiary farms; chicken and poultry farms; dairies and dairy farms; nursery and forestry farms; grain, hay, fiber, fruit, nut, and vegetable farms; vineyards and wineries; pastures for grassland and livestock grazing. Nothing contained herein should be construed to authorize the use of land for confined animal feeding operations as defined by the State of Missouri or at a density that generates animal waste in an amount that requires waste containment structures to comply with any State regulation.
2. 
Single-family dwellings.
3. 
Public parks, playgrounds, tot lots or play lots.
4. 
In-home day cares with five (5) or fewer children.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Recreational and entertainment uses, including amphitheaters, athletic fields, campgrounds, country clubs, golf courses and driving ranges, fairgrounds, recreation centers, resorts, riding stables, swimming clubs, tennis clubs and zoos.
2. 
Residential uses, including beds and breakfast; child care centers for more than five (5) children.
3. 
Religious, educational and social facilities, including museums; charities; houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocation and higher education.
4. 
Public health and safety facilities, including Armed Forces installations, armories, clinics, firehouses, health centers, hospitals and police stations.
5. 
Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.
6. 
Other service uses including cemeteries, pet cemeteries, funeral houses; sawmills and planing mills; storage units for indoor storage rental.
D. 
Density Regulations.
1. 
Minimum lot area is ten (10) acres.
2. 
Minimum lot width is three hundred (300) feet.
E. 
Height Regulations. The maximum structure height is thirty-five (35) feet for dwellings; farm structures have no height limitations.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2. 
Side yard area. The side yard area shall be not less than ten (10) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.

Section 400.095 "A-R" Agricultural-Residential District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.095), 4-2-2013]
A. 
Intent. The intent of the "A-R" District is to permit a combination of rural residential living with animal husbandry as defined in this Section. In "A-R" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses. The following uses shall be permitted in "A-R" Districts:
1. 
Pastures for grassland and livestock grazing.
2. 
Single-family dwellings.
3. 
Animal husbandry in conjunction with a single-family dwelling and with the following limitations:
a. 
Animal husbandry in conjunction with a dwelling shall include the maintenance of no more than the following number of animals per acre: one (1) horse or one (1) cow; or five (5) hogs; or seven (7) sheep; or one hundred (100) poultry, rabbits, chinchillas, guinea pigs, or pigeons. For purposes of this calculation, only the acreage above and beyond one (1) acre for any residence shall be included.
b. 
The slaughter of animals, such as poultry, rabbits, or beef cattle is permitted only where intended for consumption by the resident family or to be gifted.
c. 
Animals other than household pets shall not be kept within a residence, or within one hundred (100) feet of a residence or within sixty (60) feet of the front property line of the building site.
d. 
Housing or caging of animals shall be adequate and sanitary, and subject to all State health requirements for health and sanitation. All animal food except for hay and straw shall be stored in rodent-proof containers.
Should any "A-R" property rezoned to another use where animal husbandry is not a permitted use, any such use therein shall cease within one (1) year from the effective date of the rezoning.
4. 
Public parks, playgrounds, tot lots or play lots.
5. 
In-home day cares with five (5) or fewer children.
6. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
7. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Recreational and entertainment uses, including athletic fields, campgrounds, golf courses and driving ranges, riding stables, and zoos.
2. 
Residential uses, including beds and breakfast; in-home day care/child care centers for not more than ten (10) children.
3. 
Religious, educational and social facilities, including museums; charities; accessory buildings associated with houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocational and higher education.
4. 
Public health and safety facilities, including Armed Forces installations, armories, clinics, firehouses, health centers, hospitals and police stations.
5. 
Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.
6. 
Other service uses including cemeteries, pet cemeteries, funeral houses;
D. 
Density Regulations.
1. 
The minimum lot area shall be not less than two (2) acres, if public sanitary sewer services are available to serve the lot, otherwise, three (3) acres.
2. 
The minimum lot width shall be not less than two hundred (200) feet.
E. 
Height Regulations. The maximum height for any structure is thirty-five (35) feet.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2. 
Side yard area. The side yard area shall be not less than ten (10) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.

Section 400.100 "R-1A" Single-Family Suburban Dwelling District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.100), 4-2-2013]
A. 
Intent. The intent of this district is to provide for areas of single-family suburban residential development at a low density. In "R-1A" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses. The following uses shall be permitted in the "R-1A" District:
1. 
Detached, single-family dwellings.
2. 
Fire and police protection and related activities.
3. 
Historic sites and monuments.
4. 
Parks, playgrounds, primary and secondary schools.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Cemeteries and mausoleums.
2. 
Museums, libraries, accessory buildings associated with religious worship facilities, in home day care/child care centers with not more than ten (10) children.
3. 
Athletic fields, golf courses, tennis, handball, squash and basketball courts.
D. 
Density Regulations.
1. 
The minimum lot area shall be ten thousand (10,000) square feet.
2. 
The minimum lot width shall be one hundred (100) feet.
3. 
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4. 
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.
E. 
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2. 
Side yard area. The side yard area shall be not less than seven and one-half (7.5) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.

Section 400.110 "R-1B" Single-Family Dwelling District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.110), 4-2-2013]
A. 
Intent. The intent of this district is to provide for areas of single-family suburban residential development at a moderate density. In "R-1B" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Detached, single-family dwellings.
2. 
Fire and police protection and related activities.
3. 
Historic sites and monuments.
4. 
Parks, playgrounds, primary and secondary schools.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Cemeteries and mausoleums.
2. 
Museums, libraries, accessory buildings associated with religious worship facilities.
3. 
Athletic fields, golf courses, tennis, handball, squash and basketball courts.
D. 
Density Regulations.
1. 
The minimum lot area shall be seven thousand five hundred (7,500) square feet.
2. 
The minimum lot width shall be seventy-five (75) feet.
3. 
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4. 
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.
E. 
Height Regulations. The maximum height shall be thirty-five (35) feet.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2. 
Side yard area. The side yard area shall be not less than seven and one-half (7.5) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.

Section 400.120 "R-1D" Mobile or Manufactured Dwelling District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.120), 4-2-2013]
A. 
Intent. The intent of this district is to provide low to moderate density developments for mobile and manufactured dwelling units which are compatible with the character of the surrounding neighborhood in which they are located. In "R-1D" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Mobile or manufactured homes.
2. 
Fire and police protection and related activities.
3. 
Historic sites and monuments.
4. 
Parks, playgrounds, primary and secondary schools.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Cemeteries and mausoleums.
2. 
Museums, libraries, accessory buildings associated with religious worship facilities, day cares with less than ten (10) children.
3. 
Athletic fields, golf courses, tennis, handball, squash and basketball courts.
D. 
Density Regulations.
1. 
The minimum lot area shall be seven thousand five hundred (7,500) square feet, included within a zoning district of ten (10) acres or more.
2. 
The minimum lot width shall be seventy-five (75) feet.
3. 
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
E. 
Height Regulations. The maximum building height shall be thirty-five (35) feet.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2. 
Side yard area. The side yard area shall be not less than seven and one-half (7.5) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.

Section 400.130 "R-2" Two-Family Dwelling District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.130), 4-2-2013]
A. 
Intent. The intent of this district is to provide for areas of single-family and two-family development and related residential activities at a moderate density. In "R-2A" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Detached single-family and attached two-family dwellings.
2. 
Fire and police protection and related activities.
3. 
Historic sites and monuments.
4. 
Parks, playgrounds, primary and secondary schools, day cares with less than ten (10) children.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Cemeteries and mausoleums.
2. 
Museums, libraries, accessory buildings associated with religious worship facilities, day cares with ten (10) or more children.
3. 
Amphitheaters, athletic fields, golf courses, tennis, handball, squash and basketball courts.
D. 
Density Regulations.
1. 
The minimum lot area shall be seven thousand five hundred (7,500) square feet if the building constructed is for single-family; three thousand seven hundred fifty (3,750) square feet for each unit in a two-family dwelling.
2. 
The minimum lot width shall be seventy-five (75) feet if the building constructed is for single-family; thirty-seven and one-half (37.5) feet on each side of the common boundary line on lots with a two-family dwelling.
3. 
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
E. 
Height Regulations. The maximum building height shall be thirty-five (35) feet.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than seven and one-half (7.5) feet.
2. 
Side yard area. The side yard area shall be not less than seven and one-half (7.5) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.
4. 
All existing "R-2" District lots may be subdivided along the common boundary of the lot(s) so platted by the lot line adjustment process contained in Section 425.295; and all lots rezoned to this district shall be created to allow separate ownership of each unit on such lot.

Section 400.140 (Reserved)

Section 400.150 "R-3" Multiple-Family Dwelling District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.150), 4-2-2013]
A. 
Intent. The intent of this district is to provide for areas of multiple-family or apartment development which is at a higher density, as well as single- and two-family dwellings at a higher density. In "R-3" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Single-, two- and multi-family dwellings.
2. 
Fire and police protection and related activities.
3. 
Historic sites and monuments.
4. 
Parks, playgrounds, primary and secondary schools.
5. 
Retirement, convalescent, nursing and rest homes; convents, monasteries, orphanages, dormitories, fraternity and sorority houses; boarding and rooming houses.
6. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
7. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Recreational and entertainment uses, including amphitheaters, athletic fields, campgrounds, country clubs, golf courses and driving ranges, fairgrounds, recreation centers, resorts, riding stables, swimming clubs, tennis clubs and zoos.
2. 
Religious, educational and social facilities, including museums; charities; accessory uses associated with houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocation and higher education, day cares with more than five (5) children.
3. 
Public health and safety facilities, including clinics, health centers, hospitals and counseling, treatment and correctional centers.
4. 
Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.
D. 
Density Regulations.
1. 
The minimum lot area shall be not less than five thousand (5,000) square feet for a single-family detached dwelling; two thousand five hundred (2,500) square feet for each one-half (½) of a two-family dwelling or each single-family attached dwelling; one thousand (1,000) square feet for each dwelling unit in multi-family dwellings. Other uses shall have not less than ten thousand (10,000) square feet of lot area.
2. 
The minimum lot width shall be fifty (50) feet.
3. 
The maximum lot coverage area shall be thirty percent (30%).
4. 
The minimum floor area for single-family attached and detached dwellings shall be eleven hundred (1,100) square feet and nine hundred (900) square feet for each dwelling unit in multi-family dwellings.
E. 
Height Regulations. The maximum structure height shall be five (5) stories.
F. 
Yard Regulations.
1. 
Front yard area.
a. 
The front yard area shall be in accordance with the following road classifications:
(1) 
Local. Fifty-five (55) feet measured from the centerline of the street.
(2) 
Collector. Sixty (60) feet measured from the centerline of the street.
(3) 
Arterial. Seventy (70) feet measured from the centerline of the street.
(4) 
Arterial with more than three (3) traffic lanes. Thirty (30) feet measured from the edge of the right-of-way.
b. 
Where lots have a double frontage, the required front yard shall be provided on each street.
c. 
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d. 
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2. 
Side yard area. The side yard area shall be not less than seven and one-half (7.5) feet.
3. 
Rear yard area. The rear yard area shall be not less than twenty (20) feet.
4. 
All single-family attached dwelling units so created shall be subdivided so that each unit may be sold separately without further subdivision and shall include pro rata yard areas in accordance with this Section, unless such individual units are to be sold as a part of a maintenance provided complex, and then only if such common areas are to be perpetually maintained by an association or the developer.

Section 400.155 "B-1" Neighborhood Business District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.155), 4-2-2013]
A. 
Intent. The intent of this district is to provide mixed-use commercial districts for convenience shopping facilities, office uses, and multi-facility residential in and near residential neighborhoods. Such mixed-use developments will often occupy a small area, frequently at an intersection or on a major street, in an area that is otherwise wholly residential. In "B-1" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Art studios and galleries; bed and breakfast establishments; clubhouses for non- or for-profit organizations; limited repairs services, such as jewelry, small appliance, and business machine repair shops; personal service establishments such as barber and beauty shops, shoe repair, tailor shops, dance, music and drama schools, dry cleaning pick-up stations and self-service laundry facilities; restaurants, bakeries, coffee shops, cafes, delicatessens, ice cream parlors, and catering services. Food service establishments may serve alcoholic beverages as an incidental and accessory use only; retail businesses, such as food and grocery stores, drugstores, apparel shops, variety stores, hardware stores, antique shops, florists, or book shops.
2. 
Commercial picnic groves, campgrounds, or fishing lakes, including concessions; health and athletic clubs, tanning salons, racquet and sports clubs, and commercial swimming pools; nurseries, garden shops, and greenhouses.
3. 
Museums, libraries, community buildings,
4. 
Parking lots servicing adjacent uses only.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Bars, brew pubs, taverns and other drinking establishments.
2. 
Drive-up services and vehicle fueling and service stations, subject to both the site plan review process, and the following additional performance standards:
a. 
No merchandise or equipment which is displayed outside of a building shall be kept outside beyond the hours of operation of such business, kept off the public sidewalk or street right-of-way, not reduce the capacity of a parking lot beyond the minimum(s) required by this Chapter, and not exceed an area greater than twenty percent (20%) of the ground floor area of the building.
b. 
Not more than two (2) separate pumping stations for fuel stations shall be installed on such property and in no event shall any such pumping station be within one hundred (100) feet of any building used in whole or part for residential purposes.
D. 
Density Regulations.
1. 
The minimum lot area is forty thousand (40,000) square feet.
2. 
The minimum lot width shall be three hundred (300) feet.
3. 
The maximum lot coverage area shall be fifty percent (50%) of the total lot area.
E. 
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
F. 
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 — 400.440 of this Code.

Section 400.160 "B-2" Non-Retail Business District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.160), 4-2-2013]
A. 
Intent. The intent of this district is to accommodate a demonstrated need for development of office and other non-retail space adjacent to residential uses and which may be inappropriate for other commercial uses. It is intended that the buffering requirements in the site plan review process will create a compatible transition of uses from adjacent residential neighborhoods. In "B-2" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Any use permitted in the "B-1" District.
2. 
Office buildings to be used for professional and administrative functions of companies, corporations, social or philanthropic organizations or societies.
3. 
Trade schools, business colleges or other specialty schools that do not generate traffic from patrons other than those enrolled at such school.
4. 
Large day care home and day nurseries.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Parking lots for adjacent multi-unit residential dwellings, hotels, clubs, motels, and accessory uses to such businesses; or for hospitals, churches, and institutions when such use is adjacent to or within three hundred (300) feet of the main use.
2. 
Radio, television, broadcasting and recording studios. Associated towers and antennae for radio and television studios shall meet the additional requirements for such use, as contained in the conditional use permit provisions of this Chapter.
D. 
Density Regulations.
1. 
The minimum lot area is ten thousand (10,000) square feet.
2. 
The minimum lot width shall be three hundred (300) feet.
3. 
The maximum lot coverage area shall be fifty percent (50%) of the total lot area.
E. 
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
F. 
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 — 400.440 of this Code.

Section 400.165 "B-3" General Business District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.165), 4-2-2013]
A. 
Intent. The intent of this district is to provide a zone which is suitable to accommodate basic retail, service and office uses which are not located in the Central Business District but are located adjacent to the Central Business District or on arterials leading to the downtown area. Commercial uses that require large floor areas or large land areas and that are not compatible with the Central Business District are included in this district. In "B-3" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Any use allowed in the "B-2" District and retail trade, business and professional offices, not listed in the "B-2" District.
2. 
Automobile sales, service and rental uses; retail sale or rental of building materials, light construction equipment, farm machinery and equipment, electrical, mechanical, plumbing and HVAC supplies; and repair services for such automobile, farm or light construction equipment.
3. 
Banks; research, development, laboratory and testing services; copying and printing services that have a retail component, open to the public at the facility; gasoline service stations; retail sales of tobacco, package liquor, beer, wine or other alcohol; restaurants, bars, pubs and taverns
4. 
Hospital services; churches; hotels, motels, tourist courts; schools.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Amusement parks, go-cart tracks, animal and vehicle racetracks, golf driving ranges.
2. 
Heliport pads, prisons, telecommunications towers.
3. 
Trash services, truck washing services.
D. 
Density Regulations.
1. 
The minimum lot area is ten thousand (10,000) square feet.
2. 
The minimum lot width shall be three hundred (300) feet.
3. 
The maximum lot coverage area shall be fifty percent (50%) of the total lot area.
E. 
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
F. 
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 — 400.440 of this Code.

Section 400.170 "B-4" Central Business District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.170), 4-2-2013]
A. 
Intent. The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities; office and trade uses that are normally found in the core area of a City and residential uses established at the perimeter of the downtown. This area generally developed early in the City's history and has traditionally been the City's core business and trade area. This area has suffered due to continued development patterns along the major highway corridors and decline in the residential areas in and adjacent to this district. These district regulations and use groupings are intended to strengthen the business level of the downtown business district and re-establish its contribution to the vitality of the City. In "B-4" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Any use permitted in the "R-1", "R-2" and "R-3" Districts.
2. 
Restaurants, bars, pubs and other drinking establishments; and entertainment venues such as bowling alleys, billiard halls, arcades and reception halls.
3. 
Retail establishments, including, but limited to, art studios, general stores, convenience stores, gasoline and service stations, liquor stores, department stores, small appliance sales and service, lumberyards, hardware stores and other general retail establishments.
4. 
Pest control services, electrical, plumbing, HVAC and general contractor offices and shops; small manufacturing operations that serve a retail or general sales outlet in the same premises such as bakeries, brew pubs, candy or confectioneries, picture frame manufacturing, repair and sales, cabinetmakers, printing shops, sign shops, home decor product manufacturing and other similar, low impact manufacturing operations that primarily serve a retail outlet at the same location.
5. 
Schools, day cares and office uses including, but not limited to, doctors, chiropractors, accountant and tax preparation, legal, planning, engineering or surveying, insurance, travel agencies, and other similar services.
6. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
7. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Product wholesalers, warehousing and storage not an accessory use to an otherwise permitted use and motor freight terminals.
D. 
Density Regulations.
1. 
There is no minimum lot area, width or coverage requirements in this district, except that any building constructed must meet the minimum area or distance requirements of the Building Code in effect at the time of construction.
E. 
Height Regulations.
1. 
The maximum building height shall be sixty (60) feet.
F. 
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 — 400.440 of this Code, and must meet the adjustment requirements contained in the Supplementary District Regulations in Section 400.310.

Section 400.180 "I-1" Light Industrial District Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.180), 4-2-2013]
A. 
Intent. The "I-1" Light Industrial District is intended for business uses conducting light manufacturing, assembling and fabrication, warehousing, wholesaling and service operations which conduct activities which do not have the impacts of heavy industrial or manufacturing uses. The district is also intended to serve as a transition between more intense industrial development and commercial, office or multi-family residential development. In "I-1" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Any establishment which provides supplies and/or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping service, locksmith or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments.
2. 
Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods, products or food products and business and sales offices accessory thereto.
3. 
Any non-residential use allowed in the "B-1", "B-2", "B-3", and "B-4" Districts, including any office/retail/warehouse combinations, provided not more than twenty-five percent (25%) of the gross building floor area shall be used for retail activities; and the outdoor storage of manufactured materials or products provided all outside storage is screened from any public right-of-way.
4. 
Heavy equipment and machinery, commercial truck and tractor sales, rental and service.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Sanitary landfills, recycling centers, transfer stations, trash service companies.
2. 
Storage, warehousing and/or sales of hazardous materials, including, but not limited to bulk agricultural fertilizers, petroleum stations and terminals, liquid petroleum gas, radioactive materials processing and storage connected with a manufacturing business.
3. 
Electric generation plants, electric utility maintenance yard, permanent concrete or asphalt manufacturing or mixing plants, prisons, mining, quarrying of gravel, sand or stone.
D. 
Density Regulations.
1. 
The minimum lot area is ten thousand (10,000) square feet.
2. 
The minimum lot width shall be one hundred (100) feet.
3. 
The maximum lot coverage area shall be fifty percent (50%) of the total lot area.
E. 
Height Regulations. The maximum structure height shall be fifty (50) feet.
F. 
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 — 400.440 of this Code.

Section 400.190 "I-2" Heavy Industrial District — Use Regulations.

[Ord. No. 2865-13 §1(Exh. A §400.190), 4-2-2013]
A. 
Intent. The intent of the "I-2" Heavy Industrial District is intended for heavy industrial uses and other uses not otherwise provided for in the "I-1" District. The intensity of uses in this district makes it necessary to separate it from all residential districts wherever possible with good accessibility provided to major rail, air and highway facilities. In "I-2" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B. 
Permitted Uses.
1. 
Any use permitted in the "I-1" District.
2. 
Any of the following uses unless they are within five hundred (500) feet of any residential properties, in such event a conditional use permit shall be required.
a. 
Manufacturing and storage of products including, but not limited to, gas, solid or liquid flammable or corrosive materials; fertilizers; glass; roofing and other construction materials; vehicle, aircraft or other heavy equipment; cement, asphalt or other paving materials; and uses classified as a High-Hazard Group H occupancy as determined by the International Building Code.
b. 
Manufacturing of products using hazardous substances.
c. 
Metal, wire and metal or wire products manufacturing.
d. 
Recycling or reprocessing of plastics, glass, metals, batteries.
e. 
Stockyards, slaughterhouse or meat processing.
3. 
Solid waste transfer stations or recycling station where all materials are contained in an enclosed trailer or building; composting plants.
4. 
Electric generation plants, electric utility maintenance yard, permanent concrete or asphalt manufacturing or mixing plants.
5. 
Signs, as provided in Sections 400.485 — 400.540 of this Code.
6. 
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
C. 
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1. 
Agricultural chemicals and fertilizer manufacturing, retail sale of hazardous chemicals or fertilizers, wholesale liquid petroleum gas, bulk petroleum stations and terminals, radioactive materials processing, storage or manufacturing.
2. 
Mining, quarrying of gravel, sand or stone.
3. 
Sanitary landfills.
D. 
Density Regulations.
1. 
The minimum lot area is ten thousand (10,000) square feet.
2. 
The minimum lot width shall be one hundred (100) feet.
3. 
The maximum lot coverage area shall be fifty percent (50%) of the total lot area.
E. 
Height Regulations. There is no maximum structure height.
F. 
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 — 400.440 of this Code.