City of Neosho, MO Article II District Regulations

Section 405.060 District "AG" Agricultural Use. [1]

[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 161-2021, 4-6-2021]

A. Use Regulations. In District "AG" no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses:

1. Dwellings, one-family.

2. Farming, dairy farming, livestock (except commercial feed lots, also except hogs, swine and commercial poultry raising), game birds, pasturing of livestock, and all uses commonly classed as agricultural.

3. Fish hatcheries, apiaries, and aviaries.

4. Fishing lakes and picnic groves, provided no concession or retail sales shall be permitted.

5. Forest and wildlife reservations, or similar conservation projects.

6. Fur farming for the raising of fur-bearing animals, excluding skunks and civet cats.

7. Mushroom barns and caves.

8. Nurseries, greenhouses and truck gardens.

9. Accessory uses, including repair shops, sheds, garages, barns, silos, irrigation wells, and pumps, bunkhouses, incidental dwellings, buildings and structures customarily required for any of the above uses. One (1) sign not to exceed four (4) feet shall be considered an accessory use.

There shall be no restrictions as to the operation of such vehicles or machinery as are customarily incidental to such usages, and there shall be no restrictions as to the sale or marketing of products raised on the premises; provided that any building, structure or yard for the raising, breeding, pasturing, housing or sale of livestock or products shall be located at least one hundred (100) feet from Districts "R-1" First Dwelling House District to "R-3" Apartment House District and "C-O" Non-Retail District to "C-P" Planned Business District, inclusive.

B. Height And Area Regulations. In District "AG" the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows:

1. Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.

2. Front Yards. There shall be a front yard, the minimum depth of which shall be fifty (50) feet.

3. Side Yards. There shall be a side yard on each side of a building not less than fifteen percent (15%) of the width of the lot; except that such side yard shall not be less than fifteen (15) feet and need not be more than twenty-five (25) feet.

4. Rear Yards. There shall be a rear yard, the minimum depth of which shall be fifty (50) feet.

[1] Cross Reference — Mobile homes in "AG" districts, §405.175.

Section 405.070 District "R-1" First Dwelling House District. [1]

[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 162-2021, 4-6-2021]

A. Use Regulations. In "R-1" First Dwelling House District no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Dwellings, One-Family.

a. Homes where physically or mentally handicapped persons reside shall be limited to one (1) per neighborhood.

2. Churches and publicly owned and operated community buildings, public museums, public libraries, if located in accordance with at least one (1) of the following:

a. On a lot already devoted to the use for which the building permit is requested.

b. On a lot having a side line common to a public park, playground, or cemetery, or directly across the street from any one (1) or combination of said uses.

c. On a corner lot having a minimum of one hundred (100) feet frontage.

d. On a lot three (3) sides of which adjoin streets.

e. On a lot approved by the Board of Adjustment, following public hearing, as being a location where such building will not materially injure neighboring property for residential use.

3. Public parks and playgrounds, including public recreation or service buildings within such parks, public administrative buildings, Police and Fire stations.

4. Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning including stadiums and dormitories in conjunction with the school, if located on the campus.

5. Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges and similar activities operated as a business).

6. Railroad rights-of-way, excluding railroad yards.

7. Gardens, non-commercial.

8. Accessory uses, including automobile parking lots, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry.

a. The term "accessory use," shall include, but not be limited to, the following customary home occupations: physician, dentist, surgeon, tailor, family childcare home, musician, artist, barbers, beauticians, and hairstylists, under the following restrictions:

(1) That such uses are located in the dwelling used by such person as his/her private residence.

(2) That no assistant other than a member of the family household is employed and no window display or sign, either illuminated or more than one (1) square foot in area, is used to advertise the same.

(3) That no power other than electric and not more than one-fourth (1/4) horsepower is used in any one (1) machine, and not more than one (1) horsepower total is used in such activities.

b. For any dwelling house there shall be permitted one (1) detached garage or covered carport, with space for not more than one (1) vehicle for each two thousand (2,000) square feet of lot area, or servants' quarters, provided that such garage or servants' quarters shall be located not less than sixty (60) feet from the front lot line, nor less than three (3) feet from any side lot line, nor less than one (1) foot from any alley line, except that when the rear lot line is common to a side or rear lot line of another lot, such outbuilding must be located a minimum of three (3) feet from said rear lot line, and in case of corner lots not less than the distance required for residences from side streets; and further provided that such servants' quarters shall be occupied only by servants employed on the premises. If both garage and servants' quarters are detached, they shall be combined in one (1) building. A garage may be constructed across a common lot line by mutual agreement between property owners. A garage or servants' quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building, except that on a corner lot, a private garage, when attached to the main building, may extend into the required rear yard to a point not less than eighteen (18) feet from the rear lot line, and shall not occupy more than thirty percent (30%) of the required rear yard. No part of a detached accessory building shall be closer than ten (10) feet to the main building.

c. A private stable will be permitted on a lot having an area of more than twenty thousand (20,000) square feet, provided that said stable is located not less than one hundred (100) feet from the front lot line and not less than fifty (50) feet from any side or rear lot line, and further, provided that no fence, lot, pasture, pen, paddock, or other enclosure, within whose confines livestock is kept, may be located at a distance less than fifty (50) feet from any dwelling on adjoining, adjacent or surrounding lots or plots used for human habitation. On such lots there shall not be kept more than one (1) horse, or one (1) pony or one (1) mule for each ten thousand (10,000) square feet of lot area, or one (1) cow for each twenty thousand (20,000) square feet of lot area. Twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet of lot area. No such fowl shall be housed nearer than one hundred (100) feet to the front lot line, or fifty (50) feet from any side or rear lot line.

d. Temporary real estate sale office located on property being sold, and limited to period of sale, but not to exceed two (2) years without a special use permit.

e. A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, and not for profit.

f. Nurseries, greenhouses and truck gardens limited to the propagation and cultivation of plants; provided that no obnoxious fertilizer is stored upon the premises and no obnoxious soil or fertilizer renovation is conducted thereon. Commercial greenhouses may be constructed by special use permit.

g. A sign as provided in Section 405.240.

Such use shall not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

B. Height And Area Regulations. In "R-1" First Dwelling House District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2 1/2) stories in height.

2. Front Yards. Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty-five (25) feet.

3. Side Yards. There shall be a side yard on each side of a building not less than ten percent (10%) of the width of the lot; except that such side yard shall not be less than seven (7) feet, and need not be more than fifteen (15) feet. Buildings on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter to less than thirty-five (35) feet.

4. Rear Yards. The depth of the rear yard shall be at least twenty percent (20%) of the depth of the lot, but such depth need not be more than thirty (30) feet.

5. Lot Area Per Family. Every dwelling hereafter erected, moved, or altered shall provide a lot area of not less than seven thousand (7,000) square feet per family, provided that where a lot had less area than herein required in separate ownership at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than fifteen thousand (15,000) square feet per family.

6. Lot Width. The minimum width of a lot shall be seventy (70) feet, provided that where a lot has less width than herein required in separate ownership at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling.

7. Minimum Dwelling Size. Six hundred fifty (650) square feet of living floor area per family.

8. Parking Regulations. See Section 405.230, "Off-Street Parking and Loading."

[1] Cross Reference — Garage sales in "R-1" first dwelling house district zone, §630.040.

Section 405.080 District "R-2" Second Dwelling House District. [1]

[Ord. No. 468-2011 §1, 3-15-2011]

A. Use Regulations. In "R-2" Second Dwelling House District no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "R-1" First Dwelling House District.

2. Dwellings, two-family.

3. Accessory uses as provided in "R-1" First Dwelling House District, except that in "R-2" Second Dwelling House District a private garage or carport may provide space for not more than one (1) motor vehicle for each fifteen hundred (1500) square feet of lot area.

B. Height And Area Regulations. In "R-2" Second Dwelling House District the height of buildings, the minimum dimensions of lot and yards and the minimum lot area per family permitted on any lot shall be as follows: (for exceptions, see Section 405.210 "Height and Area Exceptions")

1. Height. Same as "R-1" First Dwelling House District.

2. Front yards. Same as "R-1" First Dwelling House District.

3. Side yards. Same as "R-1" First Dwelling House District, including regulations for corner lots.

4. Rear yards. Same as "R-1" First Dwelling House District.

5. Lot area per family. Every dwelling hereafter erected, moved, or altered shall provide a lot area of not less than seven thousand (7,000) square feet per family for one-family dwelling, or three thousand five hundred (3,500) square feet per family for two-family dwellings, provided that where a lot has less area than herein required, in separate ownership, at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than fifteen thousand (15,000) square feet per family.

6. Lot width. Same as "R-1" First Dwelling House District.

7. Minimum dwelling size. Same as "R-1" First Dwelling House District for one-family dwelling.

8. Parking regulations. See Section 405.230, "Off-Street Parking and Loading".

[1] Cross Reference — Garage sales in "R-2" second dwelling house district zone, §630.040.

Section 405.090 District "R-3" Apartment House District. [1]

[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 163-2021, 4-6-2021]

A. Use Regulations. In "R-3" Apartment House District no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "R-2" Second Dwelling House District.

2. Apartment uses or multiple dwellings, except condominiums which are listed under Chapter 415, "Cluster Developments and Condominiums."

3. Boarding and lodging houses.

4. Group child care home

5. Fraternity or sorority houses and dormitories.

6. Homes for aged or retired, subject to the following:

a. Rooms in homes for aged or retired shall not be occupied by more than two (2) persons and unless occupied by two (2) people married to each other, separate accommodations shall be provided for each sex.

b. Separate toilet and bathing facilities shall be provided for each sex on each floor where rooms are provided for both sexes.

c. All hallways and stairways shall be adequately lighted at all times. Stairways shall be equipped with sturdy handrails.

d. Kitchen facilities shall be kept clean and shall be open to inspection by the City Health Inspector.

e. Private entrances to a hall or to the outside shall be provided for each sleeping or bedroom unit.

f. The City Building Inspector shall be admitted to the premises at reasonable times and hours to see that the ordinances of the City are being complied with. In the event that violations of the ordinances of the City are discovered, notice shall be given to the owner or person in charge of the premises to correct any infractions within a period of thirty (30) days. Failure to comply with requirements made by the Building Inspector shall result in the revocation of the special use permit, if in effect.

7. Hospitals.

8. Hotels, apartment hotels, and motels.

9. Nursing homes, licensed as such by the State of Missouri.

10. Private clubs or fraternal orders, except those whose chief activity is carried on as a business.

11. Philanthropic or eleemosynary institutions, other than penal institutions.

12. Private and not-for-profit schools and colleges.

13. Residential care facilities. The facility shall conform to the following requirements:

a. The facility shall be issued a license to operate by the State of Missouri.

b. The party or parties responsible for the operation of the facility shall be governed by a Board of Directors or other legally constituted agency which shall bear the ultimate responsibility for all operational liabilities.

c. That no facility shall be allowed to operate until inspected and certified as meeting or exceeding all health, fire, safety, and building codes of the City of Neosho.

14. Accessory uses customarily incident to any of the above uses, and located on the same lot, not involving the conduct of a business or industry.

a. Private or storage garages, located as provided in "R-1" First Dwelling House District for private garages, may provide space for not more than one (1) motor vehicle for each seven hundred fifty (750) square feet of lot area. No business occupation or service connected with motor vehicles, except washing, shall be permitted.

B. Height And Area Regulations. In "R-3" Apartment House District the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures shall not exceed forty-five (45) feet or three (3) stories in height.

2. Front Yards. Same as "R-1" First Dwelling House District.

3. Side Yards. Same as "R-1" First Dwelling House District, including regulations for corner lots.

4. Rear Yards. Same as "R-1" First Dwelling House District.

5. Lot Area Per Family. Every building or portion of a building hereafter erected, moved, or altered shall provide a lot area for one- and two-family dwellings, the same as in "R-2" Second Dwelling House District. The minimum lot area for multiple-family dwellings shall be twelve hundred (1,200) square feet per family; provided that where a lot has less area than herein required in single ownership, at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than fifteen thousand (15,000) square feet per family.

6. Lot Width. Same as "R-1 " First Dwelling House District.

7. Minimum Dwelling Size. Same as District "R-2" Second Dwelling House District.

8. Parking Regulations. See Section 405.230, "Off-Street Parking and Loading."

[1] Cross Reference — Garage sales in "R-3" apartment house district zones, §630.040.

Section 405.091 (Reserved) [1]

[1] Editor's Note: Former Section 405.091, District "RD-1" Redevelopment District, was repealed 4-6-2021 by Ord. No. 164-2021.

Section 405.095 District "T-1" — Towers.

[Ord. No. 468-2011 §1, 3-15-2011]

A. Subject to applicable State and Federal regulations, television, microwave and radio towers over sixty (60) feet in height only may be constructed on land zoned "T-1".

B. The only other structure or building allowed to be constructed or erected on land zoned "T-1" would be those ancillary or accessory to said towers, such as:

1. Guy wires;

2. Anchor pads;

3. Fencing to restrict access;

4. Buildings to house equipment necessary to operate tower only;

5. Auxiliary equipment to operate the tower as needed;

6. Ground fields.

C. Any use permitted in District "R-3".

Section 405.100 District "C-O" Non-Retail District.

[Ord. No. 468-2011 §1, 3-15-2011]

A. Use Regulations. In "C-O" Non-Retail District no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "R-3" Apartment House District.

2. Office buildings to be used only for the administrative functions of companies, corporations, social, or philanthropic organizations or societies.

3. Other offices, limited to the following:

a. Accountants.

b. Architects.

c. Brokers.

d. Engineers.

e. Dentists.

f. Lawyers.

g. Physicians, osteopaths, chiropractors.

h. Real estate and insurance.

i. Outpatient facilities for the treatment of alcohol and other drug abuse.

4. Mortuaries.

5. Customary accessory uses, including signs as provided in Section 405.240.

Note: No merchandise shall be handled or displayed, except at mortuaries, and no equipment, material, or vehicle other than motor passenger cars shall be stored outside a building in this district.

B. Height And Area Regulations. In "C-O" Non-Retail District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows; provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of "R-1" First Dwelling House District. For exceptions see Section 405.210, "Height and Area Exceptions".

1. Height. Same as "R-1" First Dwelling House District.

2. Front yards. Same as "R-1" First Dwelling House District.

3. Side yards. There shall be a side yard on each side of a building not less than twenty percent (20%) of the width of the lot; except that such side yard shall not be less than fifteen (15) feet and need not be more than fifty (50) feet.

4. Rear yards. Same as "R-1" First Dwelling House District.

5. Lot area per family. Meets State standards.

6. Lot width. No minimum.

7. Parking regulations. See Section 405.230, "Off-Street Parking and Loading".

Section 405.105 (Reserved) [1]

[1] Editor's Note: Former Section 405.105, Definitions, was repealed 4-6-2021 by Ord. No. 165-2021.

Section 405.110 District "C-1" Retail Business District.

[Ord. No. 468-2011 §1, 3-15-2011]

A. Use Regulations. In "C-1" Retail Business District no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "C-O" Non-Retail District.

2. Art gallery.

3. Art shop.

4. Automobile parking lots (patron parking only).

5. Barbershop.

6. Beauty shop.

7. Candy or confectionery.

8. Camera shop.

9. Catering service.

10. Clinic (dental or medical, allowing overnight patients only in emergency cases).

11. Craft shop.

12. Dental laboratory (accessory to dental clinic only).

13. Dressmaking shop, including tailoring.

14. Drugstore.

15. Fabric shop and notion store.

16. Florist.

17. Gift shop.

18. Interior decorator.

19. Leather goods store.

20. Library.

21. Luggage shop.

22. Music store.

23. Novelty store.

24. Pastry shop, provided no food is served on premises.

25. Photographic or portrait studio.

26. Pottery shop and ceramics (no baking or kiln operation is permitted).

27. Signs as provided in Section 405.240.

28. Stationery store, including office supplies and repair.

29. Stores for books, magazines and newspapers (new and used).

30. Telegraph offices.

31. Tobacco store.

32. Toy store.

33. Rental storage facilities.

34. The accessory use customarily incident to any of the above uses.

Note: The above specified uses shall be retail or service establishments exclusively; no drive-in or curb service shall be permitted.

Such use shall not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, or fumes.

B. Height And Area Regulations. In "C-1" Retail Business District the height of the buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows; provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of "R-1" First Dwelling House District: (for exceptions, see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories.

2. Front yards. Same as "R-1" First Dwelling House District.

3. Side yards. No side yard is required except that where a side line of a lot in this district abuts upon the side line of a lot in "R-1" First Dwelling House District to "C-O" Non-Retail District inclusive, a side yard of not less than seven (7) feet shall be provided, and a side yard of fifteen (15) feet shall be provided on the street side of a corner lot.

4. Rear yards. The depth of the rear yard shall be at least fifteen percent (15%) of the depth of the lot, but such depth need not be more than twenty (20) feet, except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a "R-1" First Dwelling House District to "C-O" Non-Retail District inclusive.

5. Lot area per family. Meets State standards.

6. Lot width. No minimum.

7. Parking regulations. See Section 405.230, "Off-Street Parking and Loading".

C. In District "C-1," a marijuana dispensary facility shall be permitted, provided it is wholly within a stand-alone, entirely enclosed structure and the following restrictions are met:

[Ord. No. 32-2019, 6-18-2019; Ord. No. 376-2023, 1-17-2023]

1. The facility is no nearer than five hundred (500) feet to any public or private educational facility to include a licensed Missouri day care and/or house of worship, including, but not limited to, church, synagogue, mosque, cathedral, tabernacle, or other geographically and societally recognized house of worship. The prohibited distance shall be measured in a straight line from entrance door to entrance door.

2. In addition to any sign regulations found within this Code, the following shall apply to signage for a marijuana dispensary facility:

a. Compliance With State Law. Use shall remain at all times in compliance with Section 1 of Article XVI of the Missouri Constitution.

Section 405.120 District "C-2" General Business District.

[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 107-2020, 1-5-2021; Ord. No. 538-2024, 8-6-2024]

A. Use Regulations. In "C-2" General Business District no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "C-1" Retail Business District.

2. Antique shop, including secondhand stores.

3. Automobile parking lots.

4. Bakeries, employing five (5) or less persons.

5. Banks.

6. Bicycle repair shops.

7. For-profit schools and colleges.

8. Computer sales and service.

9. Craft brewery, which is defined as a production of between ten thousand one (10,001) and fifty thousand (50,000) barrels a year.

10. Dancing, aerobics, karate, and reducing salons.

11. Department and clothing stores (new and used).

12. Earth station antenna sales and service for the purpose of satellite reception.

13. Eating establishments.

14. Electric appliance and "fix-it" shops.

15. Fireworks — seasonal, as defined in Section 215.195(B).

16. Food market.

17. Frozen food lockers for individual or family use.

18. Furniture store, including secondhand.

19. Glass shop.

20. Hardware store.

21. Household merchandise.

22. Jewelry store.

23. Ornamental iron sales rooms, but not forging, stamping, or casting.

24. Pet shop, including grooming.

25. Radio and television store and service.

26. Shoe store, including repairs and service.

27. Sporting goods store.

28. Storage garages for automobiles, boats, trucks and recreational vehicles.

29. Taverns and nightclubs.

30. Theaters, excluding drive-in theaters.

31. Wholesale sales office or sample room.

32. Accessory uses customarily incident to any of the above uses.

Note: No dismantled or inoperable vehicles, parts, equipment, or material may be stored or displayed in front or side yard and such use shall not be obnoxious or offensive.

B. Height And Area Regulations. In "C-2" General Business District the height of building, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows, provided that buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of "R-1" First Dwelling House District: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.

2. Front Yards. No front yard is required except that where a lot in "C-2" General Business District lies within the same block and fronts upon the same street with a portion of a "R-1" First Dwelling House District to "C-1" Retail Business District inclusive, and no lot within said "C-2" General Business District is occupied by a building with a front yard of less depth than required in that portion of a "R-1" First Dwelling House District to "C-1" Retail Business District inclusive adjoining, then in such case the front yard requirements of each adjoining "R-1" First Dwelling House District to "C-1" Retail Business District inclusive shall likewise apply to such lot in "C-2" General Business District.

3. Side Yards. Same as "C-1" Retail Business District except that on a corner lot no side yard need be provided.

4. Rear Yard. No rear yard is required.

5. Lot Area Per Family. Meets State standards.

6. Lot Width. No minimum.

7. Parking Regulations. See Section 405.230, "Off-Street Parking and Loading."

Section 405.130 District "C-3" Commercial Business District.

[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 40-2013 §1, 7-16-2013; Ord. No. 15-2014 §1, 4-1-2014; Ord. No. 32-2019, 6-18-2019; Ord. No. 113-2020, 1-5-2021; Ord. No. 377-2023, 1-17-2023; Ord. No. 538-2024, 8-6-2024]

A. Use Regulations. In "C-3" Commercial Business District no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "C-2" General Business District.

2. Assembly halls and fraternal orders.

3. Automobile and truck, boat, trailer, recreational vehicle, farm, or irrigation equipment, motorcycles, and other motor vehicles, rooms, or yards, sales, service, maintenance, or repair.

4. Bowling alleys.

5. Buildings, structures, and premises for public utility services, or public service corporations, which buildings or uses the Council, after report to the Planning and Zoning Commission, deems reasonably necessary for public convenience or welfare.

6. Bus passenger stations.

7. Car wash.

8. Commercial recreation buildings.

9. Convenience stores.

10. Dry cleaning establishments, employing five (5) or less persons, and using non-explosive cleaning fluids.

11. Equipment rental.

12. Fireworks — year-round, as defined in Section 215.195(A).

13. Fuel stations.

14. Greenhouses (commercial).

15. Gymnasium.

16. Hospital for small animals (if within an enclosed building).

17. Laundries employing five (5) or less persons.

18. Miniature golf courses.

19. Package liquor stores.

20. Plumbing and heating and air-conditioning shops.

21. Printing and publishing plants (including book binding).

22. Public garages.

23. Radio and television broadcasting stations and studios, except towers (excluding church broadcasting stations).

24. Riding stables and tracks.

25. Shops for custom work, or manufacture of articles to be sold at retail only, on premises, and provided that the space occupied by the manufacturing permitted therein shall not exceed fifty percent (50%) of the total floor area of the entire building, and further, provided that such manufacturing use is not obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

26. Skating rinks.

27. Storage in bulk of, or warehouse for, such materials as are incidental to the sale at retail on the premises.

28. Swimming pools (commercial), water slides, and other water-related activities.

29. Tourist courts, subject to the following:

a. The number of tourist units shall not exceed the number obtained by dividing the total square foot area of the site by one thousand two hundred (1,200).

b. A distance of at least ten (10) feet to be maintained between buildings.

c. Each tourist cabin unit have a minimum enclosed area of two hundred (200) square feet and be provided with heating facilities, a lavatory, toilet, and tub or shower with hot and cold running water. Sanitary and water supply facilities and stalls shall be subject to approval of the City Health Officer.

30. Retail lumberyards.

31. Marijuana cultivation facility (if within an entirely enclosed building).

32. Marijuana-infused products manufacturing facility (if within an entirely enclosed building).

33. Marijuana testing facility (if within an entirely enclosed building).

34. Accessory uses customarily incident to any of the above uses.

Note: No dismantled or inoperable vehicles, parts, equipment, or material may be stored or displayed in front or side yard and such use shall not be obnoxious or offensive.

B. Height And Area Regulations. In "C-3" Commercial Business District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows, provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of "R-1" First Dwelling House District: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures but for stand-alone signage, shall not exceed fifty-five (55) feet. If located within one-half (1/2) mile of an interstate highway, there shall be no limitation on the height of stand-alone signage; provided, however, the physical location of the sign shall not be closer to any adjoining City street or road than the height of the sign plus ten (10) feet. All other stand-alone signage within the City's "C-3" zoning classification shall not exceed forty-five (45) feet.

2. Front Yards. Any building hereafter constructed shall provide a front yard the minimum depth of which shall be fifteen (15) feet.

3. Side Yards. Same as "C-1" Retail Business District.

4. Rear Yards. No rear yard required.

5. Lot Area Per Family. Same as "R-3" Apartment House District.

6. Lot Width. No minimum.

7. Parking Regulations. See Section 405.230, "Off-Street Parking and Loading."

C. Uses identified in Section 405.130(A)(33), (34) and (35) shall be permitted, provided, they are wholly within a stand-alone, entirely enclosed structure and the following restrictions are met:

1. The facility is no nearer than five hundred (500) feet to any public or private educational facility to include a licensed Missouri day care and/or house of worship including, but not limited to, church, synagogue, mosque, cathedral, tabernacle or other geographically and societally recognized house of worship. The prohibited distance shall be measured in a straight line from entrance door to entrance door.

2. In addition to any sign regulations found within this Code, the following shall apply to signage for a marijuana dispensary facility:

a. Compliance With State Law. Use shall remain at all times in compliance with Section 1 of Article XVI of the Missouri Constitution.

Section 405.140 (Reserved) [1]

[1] Editor's Note: Former Section 405.140, District "C-5" Commercial Planned Shopping Center District, was repealed 4-6-2021 by Ord. No. 166-2021.

Section 405.150 District "C-P" Planned Business District.

[Ord. No. 468-2011 §1, 3-15-2011]

A. General Provisions.

1. A "C-P" Planned Business District may be established on a tract of land in single ownership or under unified control, provided that a preliminary development plan for a planned business district has been prepared and submitted in compliance with the regulations and requirements of this Section.

2. Application shall be made to the Planning and Zoning Commission for the rezoning of property for the planned business district.

3. The new area of land to be included in a "C-P" Planned Business District and so designed shall be at least three (3) acres in size. The term "net area", as used herein, shall not include any areas within dedicated highways, streets, alleys, or any other public ways or public property.

4. The location of any "C-P" Planned Business District shall be on property which has an acceptable relationship to major thoroughfares, and the Planning and Zoning Commission must satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic generated by the development.

5. The plan for the proposed development must present a unified and organized arrangement of buildings and service facilities which shall be a fundamental relationship to the properties comprising the planned development.

6. The requirements and regulations herein prescribed pertaining to height, open space, setbacks, parking and loading may be adjusted or modified by variance by the Board of Adjustment before a "C-P" Planned Business District is established, so that the property in question may be developed in a reasonable manner and at the same time will not be detrimental to the public welfare and the interest of the community, but in keeping with the general intent and spirit of the zoning regulations.

B. Preliminary Plan.

1. The proponents of a planned business district shall prepare and submit a preliminary development plan to the Planning and Zoning Commission for its inspection and review, upon which plan the Commission shall advertise and hold a public hearing. This preliminary plan of the property proposed to be zoned as a "C-P" Planned Business District drawn to scale shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than two (2) feet, unless waived by the Commission, and the proposed size, location and arrangement of buildings, parking areas, with proposed arrangement of stalls and number of cars, entrance and exit driveways, and their relationship to existing and proposed streets, alleys, and other public ways or public property, drainage plan, and any additional information which may be reasonably required by the Commission. The plan shall show sufficient proposed control grades to interpret the intent of the developer. The preliminary plan shall also show the development of adjacent properties within two hundred (200) feet, including the location and type of buildings and structures thereon. If the planned business district is proposed in an unplatted area, the preliminary plan shall be accompanied by a plat, giving the full legal description of the boundaries of the property to be included in the areas sought to be zoned as a planned business district.

2. It shall also be accompanied by a plan, drawn to scale, showing the general arrangement of streets within the remainder of this ownership, which plat need not include more than one thousand (1,000) feet from the boundaries of the area to be zoned as a planned business district.

3. The developer shall indicate, on the preliminary plan, the stages which will be followed in the construction of the planned center.

4. If this preliminary plan is found to comply with the intent of the requirements and regulations set forth in this Section, the Planning and Zoning Commission shall, upon approval of the preliminary plan, prepare and submit to the City Council a request for an amendment to the Zoning District Map, which amendment is to provide for and establish a "C-P" Planned Business District for the land covered by a preliminary plan. A public hearing shall be held at the time this amendment is pending before the Council, as provided by law, and approval of the amendment shall constitute approval of the plan.

5. Upon approval of the zoning change by amendment to the Zoning District Map, the proponent shall submit a final development plan to the Planning and Zoning Commission for its review and recommendation. The final development plan may be submitted separately for the first (1st) and each successive stage of construction.

C. Final Plan.

1. It shall be the responsibility of the Planning and Zoning Commission to determine that each stage, or all, of the final development plan conforms to the intent of the preliminary plan on which the zoning change was made. The Commission, having reviewed the final development plan for any or all stages of the development, and finding that it conforms to the intent of the preliminary plan, shall approve such plan and submit it to the City Council for approval. Upon approval of the Council, such plan shall be filed for record in the office of the City Clerk.

2. If the final development plan fails to conform to the intent of the preliminary plan submitted in support of the rezoning, such final development plan may be submitted to the Planning and Zoning Commission as an amended preliminary plan, upon which the Commission shall advertise and hold a public hearing. The procedure shall be the same as for the original preliminary plan.

3. No building permit shall be issued for any construction in this center until the Planning and Zoning Commission and the City Council shall have approved the final development plan, covering at least the first (1st) stage of development.

4. A final development plan, prepared for each succeeding stage, shall also be reviewed by the Commission and the Council, and, when approved, shall be filed in the office of the City Clerk.

5. The proponents of a planned business district shall prepare and submit a schedule of construction in one (1) or more stages, which construction shall begin within a specified period following the Council's final approval of the final development plan or any stage thereof. Failure to begin the construction as scheduled shall void the plan, as approved, unless a request for an extension of time is made by the proponents to the Planning and Zoning Commission, and approved by said Commission and by the City Council. If, for any reason, the plan is abandoned, or if the construction is terminated, during or after the completion of any stage and there is ample evidence that further development is not contemplated, the amendment establishing such "C-P" Planned Business District may be repealed by the Council and the zoning of the entire tract, or the portion which is undeveloped as a "C-P" Planned Business District, may be changed to a suitable classification.

6. After the final development plan has been approved and the zoning change made, and when, in the course of carrying out this plan, adjustments or rearrangements of building, parking areas, entrances, heights or open spaces are requested by the proponents, and such requests conform to the standards established by the approved final development plan, for the area to be covered by buildings, parking spaces, entrances, heights, setback and other requirements, such adjustments may be approved by the Council upon application, and after receiving the recommendations of the Planning and Zoning Commission.

7. The plan shall meet the following requirements as to use, height, open space, off-street parking and loading and all driveways or public access.

D. Use Regulations. In "C-P" Planned Business District no building, structure, land or premises shall be used, and no building shall be erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses:

1. Any use permitted in "C-3" Commercial Business District, except those permitted in "R-1" First Dwelling House District to "R-3" Apartment House District inclusive.

2. Accessory uses customarily incident to any of the above uses, provided that there shall be no billboards, and that only flat wall signs, or signs on the face of a building or under a marquee, showing the name of each place of business, and the commodities or services offered, will be permitted in a "C-P" Planned Business District, except that in addition there shall be permitted one (1) sign or structure to identify each planned business district. Such signs or structures shall be of permanent construction and the design shall be submitted as a part of the preliminary and final development plan. In addition, a filling station may have one (1) freestanding sign to be approved as a part of the preliminary plan as to size and location.

E. Height And Area Regulations. In a "C-P" Planned Business District the height of buildings and the minimum dimensions of open spaces shall be as follows: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.

2. Open spaces. There shall be a setback from any street of at least fifty (50) feet for any building, and ten (10) feet for any parking lot. Along any other property line, within or adjoining a zoned business district, there shall be a setback for any building or structure of at least ten (10) feet; or along any property line abutting or adjoining a zoned dwelling house district, there shall be a setback for any building or parking lot of at least twenty (20) feet. The planned business district shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence, shrub border, or other suitable enclosure. Such trees and shrubs shall be properly and adequately maintained by the developer or owner.

3. Parking and loading regulations.

a. In any "C-P" Planned Business District there shall be provided off-street customer parking space for motor cars in the ratio of at least ten (10) parking spaces for each one thousand (1,000) square feet of sales or service floor area, exclusive of storage space.

b. The off-street parking space required above shall be provided in addition to any space used for commercial parking lot, taxicab stand, truck or bus parking; off-street parking space for drive-in service establishments shall be provided in addition to the parking space described for all other business activities.

c. Ample off-street space for standing, loading and unloading of supplies shall be provided within the development.

Section 405.160 District "M-1" Light Industrial District.

[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 167-2021, 4-6-2021]

A. Use Regulations. In "M-1" Light Industrial District no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permit" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "C-3" Commercial Business District, with the following exceptions; no new dwelling houses, clubs, hotels will be allowed; however, property within District "M-1" which currently contains a dwelling house, club, hotel shall be exempt from this exception and said use will be allowed, provided that the necessary watchman, caretakers, etc., will be permitted to live on the premises of industrial plants.

2. Bakeries.

3. Bottling works and distribution plants.

4. Bus barns or lots.

5. Canneries.

6. Carpenter, cabinet or pattern shops, provided that no mechanical power in excess of five (5) horsepower is used in the operation of any one (1) machine.

7. Cemeteries, mausoleums, or crematories for the disposal of the human dead.

8. Carpet cleaning establishments.

9. Chemical laboratories not producing noxious fumes or odors.

10. Cleaning, pressing, and dyeing plants.

11. Cold storage plants.

12. Dog pounds, if within an enclosed building.

13. Electroplating works.

14. Fabrication or assembling of irrigation pipe and equipment.

15. Flour mills, feed mills, and grain processing.

16. Freight terminals (rail or truck).

17. Galvanizing works.

18. Grain elevators.

19. Ice plants.

20. Laundries and dry cleaners.

21. Sawmills and wholesale lumberyards, and concrete mixing plants.

22. Machine shops, provided that no mechanical power in excess of five (5) horsepower is used in the operation of any one (1) machine.

23. Manufacture of products such as artificial flowers, feathers, plumes, awnings, bags, blacking, small boats, bone products, brooms and brushes, buttons and novelties, candy, canvas products, cement products, concrete blocks, chemicals (non-offensive), cigars, cleaning and polishing preparations, clothing, coffee (roasting), cosmetics, cotton seed, peanuts or similar products, drugs or medicines, electrical signs, extracts, food products, fruit juices, gas or electric fixtures, ice cream, leather products, sausage, shell products, shoes and boots, syrup, terracotta or tile handicraft products, textiles, toys, and wooden ware.

24. Monument or marble works, finishing and carving only, excluding stone cutting.

25. Moving, transfer, or storage plants.

26. Photo engraving plants.

27. Planing mills, provided that no mechanical power in excess of five (5) horsepower is used in the operation of any one (1) machine.

28. Plumbing and sheet metal shops (allowing punching of material of one-eighth (1/8) inch or less in thickness).

29. Produce markets (wholesale).

30. Railroad freight yards.

31. Sales rooms, yards, and service for contractor's equipment, and oil well supplies.

32. Sign painting plants.

33. Stables (public) or wagon sheds.

34. Storage in bulk of, or warehouse for, such materials as asphalt, brick building materials, cement, coal, contractors' equipment, cotton, feed, fertilizer, grain, gravel, grease, hay, ice, lead, lime, machinery, metals, oil, plaster, poultry, roofing, rope, sand, stone, tar, tarred or creosoted products, terracotta, timber, wood, wool.

35. Tracks (team, loading, or storage).

36. Veterinary hospitals.

37. Accessory uses customarily incident to any of the above uses.

B. Height And Area Regulations. In "M-1" Light Industrial District, the height of buildings, minimum dimensions of lots and yard and the minimum lot area per family permitted on any lot shall be as follows; provided that the buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of "R-1" First Dwelling House District: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.

2. Front Yards. Same as "C-2" General Business District, except that a setback of not less than fifty (50) feet shall be provided along all Federal and State highways.

3. Side Yards. Same as "C-1" Retail Business District.

4. Rear Yards. Same as "C-1" Retail Business District.

5. Lot Area Per Family. Same as "R-3" Apartment House District.

6. Lot Width. No minimum.

7. Parking Regulations. See Section 405.230, "Off-Street Parking and Loading."

Section 405.170 District "M-2" Heavy Industrial District.

[Ord. No. 468-2011 §1, 3-15-2011]

A. Use Regulations. In "M-2" Heavy Industrial District no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one (1) or more of the following uses: (for exceptions see Section 405.180, "Special Use Permits" and Section 405.200, "Non-Conforming Uses")

1. Any use permitted in "M-1" Heavy Industrial District, except dwelling houses, clubs, hotels, educational and institutional uses, provided that the necessary watchman, caretakers, etc., will be permitted to live on the premises of industrial plants.

2. Ammonia, bleaching powder, chemical plants.

3. Asphalt mixing plants.

4. Assaying works (other than gold or silver).

5. Blooming or rolling mills.

6. Breweries or distilleries.

7. Carpenter, cabinet, or pattern shops.

8. Chemical laboratories.

9. Cider mills.

10. Coal car dumps.

11. Coal distillation and by-products plants.

12. Coal hoists, pockets or trestles.

13. Coke ovens.

14. Cooperage works.

15. Cotton ginning or bailing works.

16. Dog kennels (commercial).

17. Dog pounds.

18. Enameling works.

19. Electric power plants.

20. Forges.

21. Foundries (iron, brass, bronze, aluminum).

22. Hides and skins (storage, curing or tanning).

23. Japanning works.

24. Lumber mills.

25. Machine shops.

26. Manufacturing of such products as adding machines, cash registers, typewriters, alcohol, asphalt, basket material, boats, boilers, boxes, bronze, cans, carbon batteries, electric lamps, carbon or lamp black, carriage or wagon parts, celluloid or similar materials, clay, shale and glass products, creosote, cutlery or tools, disinfectants, insecticides, dyes, electrical machinery, engines, furniture, glass, iron and steel, locomotives, motorcars, bicycles, airplanes, pumps, nuts, bolts, screws, etc., oil cloth, linoleum, paint, Japan, lacquer, oil turpentine, varnish, enamel, etc., railway cars, rubber, synthetic rubber, rubber products, shoddy, soap, starch, glucose, dextrin, tar products, tobacco (chewing), tools, vinegar, wine.

27. Metal stamping, shearing, punching works, etc.

28. Mines or quarries, including the removing, screening, crushing, washing, or storage of ore, sand, clay, stone, gravel or similar materials.

29. Monument or marble works.

30. Oil compounding and barreling plants.

31. Planing mills.

32. Plumbing and sheet metal shops.

33. Radio, television, and microwave towers.

34. Railroad roundhouses or shops.

35. Reservoirs, wells, towers, filter beds, or water supply plants.

36. Salt works.

37. Salvage or junk yards provided such yards shall be completely enclosed and effectively screened by a solid fence or wall at least eight (8) feet high.

38. Steel furnaces.

39. Stone cutting.

40. Structural iron or pipe works.

41. Sugar refineries.

42. Tar distillation or manufacture.

43. Wire or rod mills.

44. Wood distillation plants (charcoal, tar, turpentine, etc.).

45. Wood scouring works.

46. Accessory uses customarily incident to any of the above uses.

	Note: The following additional uses may be permitted after the location of such shall have been approved by the City Council, after report by the Chief of the Fire Department, and the Planning and Zoning Commission:
	1.	Acid manufacture.
	2.	Cement, lime, gypsum, or plaster of Paris manufacture.
	3.	Distillation of bones.
	4.	Explosives manufacture or storage.
	5.	Fat rendering.
	6.	Fertilizer manufacture.
	7.	Gas manufacture or storage, except LP gas.
		Garbage, offal, or dead animals, reduction of; dumping.
	8.	Glue manufacture.
	9.	Petroleum, or its products, refining of.
	10.	Smelting of tin, copper, zinc or iron ore.
	11.	Stockyards or slaughter of animals.
	12.	Wholesale storage of gasoline.

B. Height And Area Regulations. In "M-2" Heavy Industrial District the height of buildings and the minimum dimensions of lots and yards shall be as follows: (for exceptions see Section 405.210, "Height and Area Exceptions")

1. Height. Same as "M-1" Light Industrial District.

2. Front yards. Same as "M-1" Light Industrial District.

3. Side yards. Same as "C-1" Retail Business District.

4. Rear yards. Same as "C-1" Retail Business District.

5. Width of lots. No minimum.

6. Parking regulations. See Section 405.230, "Off-Street Parking and Loading".

Section 405.175 District "M-H" Mobile Home Park District. [1]

[Ord. No. 468-2011 §1, 3-15-2011]

A. Penalties. Any person who violates any provision of this Section shall upon conviction be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250.00); and each day's failure of compliance with any such provision shall constitute a separate violation.

B. Conflicting Provisions.

1. In any case where a provision of this Section is found to be in conflict with a provision of any other ordinances or Code of the City existing on the effective date of this Section (February 1, 2000), the provision which, in the judgment of the City Attorney, establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

2. In any case where a provision of this Section is found to be in conflict with a provision of any other ordinance or Code of the City existing on the effective date of this Section (February 1, 2000) which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Section shall be deemed to prevail, and such other ordinances or Code are hereby declared to be repealed to the extent that they may be found in conflict with this Section.

C. Location Outside Trailer Parks.

1. It shall be unlawful, within the limits of the City, for any reason to park any mobile home on any street, alley or highway, or other public place, or on any tract of land owned by a person, occupied or unoccupied, within the City except as provided in this Section.

2. Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than two (2) hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street or highway.

3. No person shall park or occupy any mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling either of which is situated outside an approved mobile home or recreational vehicle park.

4. Mobile homes may be permitted on any industrial site in the Crowder area, specifically zones "AG" and "M-2", used solely for security purposes provided that the mobile homes must be placed on a permanent foundation and tie down straps installed. No such mobile home may be located any closer than five hundred (500) feet from a residential home. All such mobile homes must be connected to an approved water system and have an approved means of wastewater disposal.

D. License Required. It shall be unlawful for any person to maintain or operate a mobile home park within the City unless such person shall first obtain a license thereof and maintain such license in a currently valid status thereafter.

E. Applications For Licenses — Processing Of Application — Approval Of Applications And Issuance Of Licenses — Transfer Of License.

1. Application for initial license. An application for an initial mobile home park license shall be filed with the Planning and Zoning Commission at City Hall. The application shall be in writing, signed by the applicant and shall include the plan and the information required by this Subsection.

2. The application and all accompanying plans and specifications shall be filed in triplicate. The Planning and Zoning Commission shall investigate and review the applicant, the application and the proposed plans and specifications. If the proposed mobile home park will, when constructed or altered in accordance with such plans and specifications, be in compliance with the Code and other applicable ordinances and Statutes, the Planning and Zoning Commission shall recommend to the City Council the approval of the application, and upon approval by the Council and completion of the park according to the plans, the City Council shall issue the license.

3. Application for renewal license. Upon application in writing by a licensee for renewal of a license and upon payment of the annual license fee, and upon approval of the Planning and Zoning Commission, the City Council shall issue a certificate renewing such license for another year.

4. Application for transfer of license. Upon application in writing by a licensee for transfer of a license and upon payment of the transfer fee, and upon approval of the Planning and Zoning Commission, the City Council shall approve such transfer.

F. Fees For Licenses And License Transfers — Due And Delinquent Dates — When Licenses Become Invalid Due To Delinquency.

1. The annual license fee for each mobile home shall be due October first (1st) and shall be delinquent the last day of November. The annual license fee shall be determined from time to time by the City by means of resolution and maintained by the City License and Permit Clerk.

2. The fee for transfer of a license shall be determined from time to time by the City by means of resolution and maintained by the City License and Permit Clerk.

3. The license of a delinquent licensee shall become invalid as of the date such delinquency occurs.

G. Revocation And Reinstatement Of License. The City Council may revoke any license to maintain and operate a park when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this Section or other applicable provisions of this Code, State law or other City ordinances, rules or regulation. After such cause for conviction has been remedied and the City Council has reason to believe that the park will be maintained and operated in full compliance with law, such license may be reinstated.

H. Plan And Site Regulations.

1. All applications for a mobile home park license involving construction of a new park or modification of an existing park must be accompanied with a set of preliminary plans, and upon approval, a set of final plans, drawn to scale and completely dimensioned. Such plans must be drawn to a scale of not less than one (1) inch equals fifty (50) feet (l "=50') by a registered engineer, professional land use planner or registered land surveyor. Such plans must show the area to be used for the proposed mobile home park district; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways and off-street parking spaces; the location of mobile home spaces, recreational areas and service buildings; the location of refuse receptacles; the proposed plan of water supply, sewage disposal and electric lighting. The Planning and Zoning Commission shall have the authority to impose such reasonable conditions and safeguards on the proposed development as it deems necessary for the protection of adjoining properties and the public interest. Such plans shall be accompanied by the following information:

a. Name and address of the owner and operator.

b. Address, location and legal description of the mobile home park.

c. Extent of the area and dimensions of the site.

d. Size, location and number of mobile home lots.

e. Entrance, exits, driveways and walkways.

f. Number, location and detailed floor plans, including elevations, of all service buildings and other proposed structures and accessory buildings.

g. Number, size, location of automobile parking accommodations.

h. Location and size of recreation area including development plan showing type of landscaping, surface treatment, drainage, apparatus and/or special equipment.

i. Plan of water system.

j. Method and plan of sewage disposal and site drainage.

k. Method of garbage disposal and plan of storage areas.

l. Lighting plan of outside areas and service outlets.

m. Method and plan of service building heating.

n. Location and type of fire-fighting and fire prevention equipment and facilities.

Every mobile home lot shall be of a size and shape which will provide reasonable area for private use and development and for convenient placement of one (1) occupied mobile home and shall be identified with an individual site number in logical numerical sequence in conformity with the universal "911" system, and so shown on the official plot plan for the mobile home park.

2. Mobile home parks constructed or altered after February 1, 2000, shall comply with the following requirements:

a. The minimum lot size shall be six thousand nine hundred (6,900) square feet in area with a minimum width of sixty (60) feet and a minimum depth of one hundred fifteen (115) feet. Lots irregular in size and those fronting on a cul-de-sac may be permitted upon application with the Planning and Zoning Commission and presentation of a plot thereof.

b. Every new mobile home park shall contain at least ten (10) acres of land with two (2) locations of direct access to public street right-of-way containing a width of at least fifty (50) feet.

c. Each mobile home park shall be provided with a Portland cement or asphalt concrete pad large enough to provide storage area underneath any mobile home parked thereon and at a grade which will drain. Such storage area shall be a minimum of ten (10) by fourteen (14) feet.

d. Each mobile home shall be skirted complete with access door to the storage area.

e. The plan boundaries of the mobile home park shall be a minimum of twenty-five (25) feet from all public right-of-way and a minimum of fifteen (15) feet from all other abutting property. The screening required by Subparagraph (2)(u) of this Subsection shall be located on or within the park boundaries.

f. All park or service buildings located on community ground shall be located at least twenty (20) feet away from any mobile home lot boundary shown on the mobile home park plan.

g. For each mobile home lot there shall be provided and maintained at least one hundred eighty (180) square feet (of dimensions nine (9) feet by twenty feet (20), or ten (10) feet by eighteen (18) feet). If central parking lots are provided, they shall be paved with Portland cement or asphalt concrete and each space separated by striping or other adequate means and identified to the official lot number of the occupant and reserved for his/her sole use.

h. At least one thousand five hundred (1,500) square feet of gross recreation space for each mobile home space shall be reserved within each mobile home park as common recreation space for the residents of the park. Such areas shall, along with driveways and walkways, be adequately lighted for safety. At least one thousand (1,000) square feet of the gross one thousand five hundred (1,500) square feet of recreational space for each mobile home shall be suitable for recreational activity.

i. No mobile home or other structure within a mobile home park shall be closer to each other than forty (40) feet, except that storage or other auxiliary structures for the exclusive use of the mobile home may be no closer to another mobile home than twenty (20) feet.

j. No mobile home shall be located closer than thirty (30) feet of the exterior boundary of the park or a bounding street right-of-way. Buildings used for laundry or recreation purposes shall be located no closer than forty (40) feet to the exterior boundary or the right-of-way of a bounding street.

k. The layout and general development plan for major and minor access driveways within the mobile home park, together with the location and dimensions of access junctions with public street rights-of-way, shall be approved by the Planning and Zoning Commission.

l. All access roadways, parking areas and service drives shall be asphalt, concrete or Portland cement.

m. Walks.

(1) General requirements. All parks shall be provided with safe, convenient, all season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

(2) Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three and one-half (3½) feet.

(3) Individual walks. All mobile home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet.

n. Water connections for individual mobile homes shall be provided and located on the same side of the lot as the sewer lateral and shall consist of a riser terminating at least four (4) inches above the ground surface. Such water connection shall be equipped with a shut-off valve and shall be protected from freezing and from damage from mobile home wheels and shall have the ground surface around the riser pipe graded to divert surface drainage away from the connection.

o. Waste from showers, bathtubs, flush toilets, urinals, lavatories and slop sinks in service and other buildings within the park shall be discharged into a public sewer system in compliance with applicable Sections of this Code or other ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will meet the standards and specifications required by the State of Missouri and County health officials.

p. Sewer laterals shall be provided at each mobile home lot, shall be trapped and vented, terminate above grade on the same side of the lot as the water connection, be at least four (4) inches in diameter and be equipped with approved leak and fly proof device for coupling to mobile home drainage systems. Such lateral sewer connections shall be protected at its terminal with a concrete collar at least three (3) inches thick and extending from the connection in all directions. When not in use, the connection shall be capped with a gas-tight plug or similar device. Adapters, allowing for a tight physical connection, shall be on the mobile home or provided by the mobile home park operator for the use of mobile homes.

q. All plumbing in the mobile home park shall comply with the City Plumbing Code.

r. All electrical work shall be installed and maintained in accordance with the electrical requirements of the City Electrical Code.

s. Fuel supply and storage.

(1) Natural gas system.

(a) Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

(b) Each mobile home and/or travel trailer lot provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. Such valve shall not be located under a mobile home. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

(2) Liquefied petroleum gas systems.

(a) Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

(b) Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

(c) Systems shall have at least one (1) accessible means for shutting off gas. Such means shall not be located under a mobile home and shall be maintained in effective operating condition.

(d) All LPG outside of the mobile homes and/or travel trailer shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes and/or travel trailers.

(e) Liquified petroleum gas containers installed on a mobile home and/or travel trailer lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall have a minimum capacity equal to twenty percent (20%) of the average annual fuel consumption.

(f) No liquified petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.

t. All gas and/or oil-burning appliances shall be of an approved vented type.

u. An ornamental wall, fence or screen planting, acceptable to the Planning and Zoning Commission, and no less than six (6) feet in height, shall be erected and maintained along the side of and rear boundaries of a mobile home park. Where, in the opinion of the Planning and Zoning Commission, it is unreasonable to require a wall, fence or screen planting, due to the nature of the existing topography, or other existing conditions that might render such a wall or fence ineffective, the Commission may waive or modify the requirements.

v. Refuse handling.

(1) The storage, collection and disposal of refuse in mobile home park areas shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

(2) All refuse shall be located not more than one hundred fifty (150) feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.

(3) Refuse collection stands shall be provided for all refuse containers. Such container stand shall be so designed so as to prevent containers from being tipped, to minimize spillage and container deterioration and facilitate cleaning around them.

(4) All refuse containing garbage shall be collected at least once weekly. All refuse shall be collected and transported in covered vehicles or covered containers.

w. Insect and rodent control — noxious weeds.

(1) Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the municipality.

(2) Parking areas shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

(3) Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building materials shall be stored at least one (1) foot above ground.

(4) Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

(5) The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parking areas shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

I. Notices, Hearings And Orders. Whenever the Building Inspector determines that there is reasonable ground to believe that there had been a violation of any provision of this Section, the Building Inspector shall give notice of such alleged violation to the person to whom the permit or license was issued, as hereinafter provided. Such notice shall:

1. Be in writing;

2. Include a statement of the reasons for its issuance;

3. Allow a reasonable time for the performance of any act it requires;

4. Be served upon the owner or his/her agents as the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his/her last known address, or when he/she has been served with such notice by any method authorized or required by the laws of this State;

5. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Section.

a. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Section may request and shall be granted a hearing on the matter before the Board of Adjustment; provided that such person file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice is served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Subparagraph (d). Upon receipt of such petition, the Board of Adjustment shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon application of the petitioner, the Chairman of the Board of Adjustment may postpone the date of the hearing for a reasonable time beyond such ten (10) day period when in his/her judgment the petitioner has submitted good and sufficient reasons for such postponement.

b. After such hearing the Board of Adjustment shall make findings as to compliance with the provisions of this Section and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Subparagraph (4). Upon failure to comply with any order sustaining or modifying a notice, license of the mobile home and/or travel trailer park affected by the order shall be revoked.

c. The proceedings at such a hearing, including the findings and decision of the Board of Adjustment and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the City Clerk but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by the decision of the Board of Adjustment may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.

d. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this Section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Board of Adjustment shall be afforded a hearing as soon as possible. The provision of Subparagraphs (c) and (d) shall be applicable to such hearing and the order issued thereafter.

J. Exemptions.

1. Where the Board of Adjustment finds that compliance with provisions of this Section would result in undue hardship, an exemption may be granted by the Board of Adjustment without impairing the intent and purpose of this Section. Deviations from design, construction and installation provisions shall be brought into compliance with this Section within a reasonable period of time based on economic feasibility of improvement, nature, significance, and extent of deviation, depreciation of materials, improvement and layout in use and other similar factors, within a minimum period not exceeding five (5) years and a maximum period not exceeding twenty-five (25) years.

2. Such period shall begin after the Board of Adjustment has given notice of a certain and specific deviation from this Section to the person to whom the permit or certification was issued.

3. Gradual improvements to a higher degree of conformity shall be permissive provided that there shall be complete conformity at the end of a period prescribed by the Board of Adjustment.

K. Responsibilities For The Park Management.

1. The person to whom a license for a mobile home and/or travel trailer park is issued shall operate the park in compliance with this Subsection and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition.

2. The park management shall notify park occupants of all applicable provisions of this Subsection and inform them of their duties and responsibilities under this Subsection and regulations issued hereunder.

3. The park management shall supervise the placement of each mobile home and/or travel trailer on its stand which includes securing its stability and installing all utility connections.

4. The park management shall maintain a register containing the names of all park occupants identified by lot number or street address. Such register shall be available to any authorized person inspecting the park.

5. The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.

L. Responsibilities Of Park Occupants.

1. The park occupant shall comply with all applicable requirements of this Section and shall maintain his/her mobile home lot, its facilities and equipment in good repair and in clean and sanitary condition.

2. The park occupant shall be responsible for proper placement of his/her mobile home on its stand and proper installation of all utility connections in accordance with the instruction of the park management.

3. Pets, if permitted in the park, shall be prohibited to run at large or to commit any nuisance within the limits of any mobile home lot.

4. Skirting, porches, awnings and other additions shall be installed as approved by the park management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the park management. If permitted, the following conditions shall be satisfied:

a. Stored items shall be located so as not to interfere with the underneath inspection of the mobile home.

b. The storage area shall be enclosed by skirting.

5. The park occupant shall store and dispose of all his/her rubbish and garbage in a clean, sanitary and safe manner. The garbage container shall be rodent-proof, insect-proof and water-tight.

M. General Prohibitions.

1. Obstructions prohibited. No obstructions of any kind shall be erected, placed or maintained on or about the mobile home lot, which would impede or prevent inspection of plumbing or electrical facilities.

2. Dependent mobile homes shall be prohibited from being accommodated in mobile home parks within the City. Dependent mobile homes are mobile homes connected to a separate structure, dwelling or other building and dependent on the other structure for utilities such as water, gas, electric or sewer services.

3. A mobile home park shall not accommodate any occupied trailers for which there are no available sites conforming to the provisions of this Section.

4. It shall be unlawful to camp overnight or to park an occupied trailer or vacation trailer overnight in a mobile home park or upon any public street including the street right-of-way. This provision shall not apply in cases where a mobile home or trailer is parked for the purpose of making emergency repairs.

5. The owner or operator of every mobile home park shall maintain in a conspicuous location in or adjacent to the mobile home park office, a copy of an approved plot plan of the mobile home park, a copy of the conditions of City approval, and a copy of the latest ordinance and regulations pertaining to such mobile home park.

6. In a mobile home park, no advertising signs or devices shall be permitted, except as approved by the Planning and Zoning Commission.

N. Service Buildings And Other Service Facilities.

1. General. The requirements of this Subsection shall apply to service buildings, recreation buildings and other community service facilities such as:

a. Management offices, repair shops and storage areas;

b. Sanitary facilities;

c. Laundry facilities; and

d. Indoor recreation areas.

2. Structural requirements for buildings.

a. All portions of the structure shall be properly protected from damage by ordinary use and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

b. All rooms containing sanitary or laundry facilities shall:

(1) Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent, water-proof material or covered with moisture-resistant material.

(2) Have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten percent (10%) of floor area served by them.

(3) Have at least one (1) window which can be easily opened or a mechanical device which will adequately ventilate the room.

c. Toilets shall be located in separate compartments equipped with self-closing doors. The shower stalls shall be of individual type. The rooms shall be screened to prevent direct view of the interior when exterior doors are open.

d. Illumination levels shall be maintained as follows:

(1) General seeing tasks: 5 foot-candles.

(2) Laundry room work area: 40 foot-candles.

(3) Toilet room, in front of mirrors: 40 foot-candles.

e. Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every water closet and urinal.

f. Code compliance. Every building in a mobile home park or recreational vehicle park shall be designed and constructed in accordance with Municipal Building Codes.

O. Fire Protection.

1. Mobile home parks shall be subject to the rules and regulations of the City fire prevention authority.

2. Mobile home parks shall be kept free of litter, rubbish and other flammable materials.

3. Access to a mobile home for fire protection services shall be such as to permit fire apparatus to approach within one hundred (100) feet of each mobile home.

4. Portable fire extinguishers rated for Classes B and C fires shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than two and one-half (2½) pounds.

5. Hydrants and fire extinguishers.

a. Fire hydrants shall be installed in mobile home parks in accordance with the following requirements:

(1) The water supply system shall permit the operation of a minimum of two (2) one and one-half (1½) hose streams.

(2) Each of two (2) nozzles, held four (4) feet above the ground, shall deliver at least seventy-five (75) gallons of water per minute at a flowing pressure of at least thirty (30) pounds per square inch at the highest elevation point of the park.

b. Fire hydrants shall be located within two hundred fifty (250) feet of any mobile home, service building or other structure in the park.

c. In case of inadequate water supply for fire protection by regular fire-fighting equipment, a two (2) gallon fire extinguisher shall be provided and maintained by the park owner, in the ratio of one (1) to not more than ten (10) mobile homes or trailers. They shall be located conventionally throughout the court, and one (1) shall be placed in each public building, individual hose connections at each mobile home from the domestic water supply shall also be provided as an auxiliary source of water for fire protection.

[1] Editor's Note — The language of this Subsection was changed by the attorney to reflect current city procedures in supp. #14, 5/11.

Section 405.176 Historic Preservation District.

[Ord. No. 468-2011 §1, 3-15-2011]

A. Building Design Standards.

1. Overview.

a. These standards are prepared to provide general assistance to building, property and business owners of the City's downtown business district and the Historic Preservation District(s) ("HPD"). These standards are designed to advise building, property and business owners on the preservation and rehabilitation of properties located within a "HPD". The intent of these standards is to assist the long-term preservation of the area's significance through preservation of historical materials and features. The focus of rehabilitation includes materials, construction types, sizes and encompasses the facade of buildings within any area designated as a "HPD".

b. "Rehabilitation" is defined as the process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. It is recognized that rehabilitation may require repairs or alterations to provide efficient contemporary use; however, these repairs or alterations should not damage or destroy materials or features that are important in defining the building's historical character.

2. Introduction to the standards. Primary concerns for building rehabilitation focus on the building's important or "character defining" architectural materials and features yet make possible an efficient, contemporary use of the property. Identified below are key terms related to an approvable restoration/rehabilitation project:

a. Identify, retain and preserve. It is important to identify, retain and preserve the architectural materials and features that are important in defining the historic character of the property. These architectural features should include, but are not limited to, windows, doors, ornamental ironwork, transoms, storefront ornamental brickwork.

b. Protect and maintain. After materials and features are identified, issues to protect and maintain must be addressed. Protection and maintenance generally involves the least degree of intervention and is preparatory to other work.

c. Repair and replace. Repair of character-defining materials and features is recommended whenever possible. Guidance for repair work is available from a variety of resources. Replacement of an entire feature with new material may be required due to a high degree of deterioration or damage. When replacement is appropriate, the entire feature should be replaced "in kind", as near to the original feature as possible, with a solution that is compatible to the property.

B. Definitions. The following definitions apply to this Section:

[Ord. No. 325-2022, 8-2-2022]

ALLEY

A thoroughfare through a block or buildings giving access to the rear of lots or buildings.

ALTERATION

Any act that changes one (1) or more of the features (including color) of a building's facade located within a "HPD".

CERTIFICATE OF APPROPRIATENESS

A certificate issued by the Historic Preservation Commission (HPC) indicating its approval of the architectural appropriateness of plans for construction, alteration, removal or demolition of a building within a "HPD".

CERTIFICATE OF ECONOMIC HARDSHIP

A certificate issued by the HPC authorizing the alteration, construction, removal or demolition of a building in a "HPD", even though a certificate of appropriateness has previously been denied.

CITY

The City of Neosho, Missouri.

CONSTRUCTION

The act of adding an addition to an existing building or the erection of a new principal or accessory building.

DEMOLITION

Any act which destroys in part or in whole a building within a "HPD".

FACADE

The exterior surface of the building that is adjacent to a public thoroughfare or is in direct view of said thoroughfare. Alleys are not considered "public thoroughfare".

GOOD STANDING

A merchant or property owner who is current on all taxes, fees and assessments relating to such building or business within a "HPD".

HISTORIC PRESERVATION COMMISSION (HPC)

Members of the Historic Preservation Commission as outlined in City Ordinance Number 156-2003.

HISTORIC PRESERVATION DISTRICT ("HPD")

A geographic area designated as a historic preservation district by City ordinance.

MAINTENANCE

Preserving from failure or decline the facade of a building, without changing color, material or function.

REMOVAL

Any relocation of a building on its site or to another site.

REPAIR

Any change or emergency remedy that is not construction, removal, alteration or maintenance.

C. Historic Preservation District Designation Procedure. Overall boundaries for a Historic Preservation District(s) should be recommended by the Historic Preservation Commission to the City Council for passage.

D. Certificate Of Appropriateness — When Required. A certificate of appropriateness shall not be required for interior construction or interior alteration of any building within a "HPD". A certificate of appropriateness shall be required before the following actions affecting the facade of any building within a "HPD" may be undertaken:

1. Any construction, alteration, removal or any demolition in whole or in part regardless of whether a permit from the City is required.

2. Any construction, alteration, removal or demolition, in whole or in part, proposed by the City, for a City-owned landmark or building within a "HPD".

E. Certificate Of Appropriateness — Procedure.

1. An application for a certificate of appropriateness shall be made on forms provided by the City Clerk and approved by the HPC. The application shall identify the facts which support a determination that the proposed actions meet the standards for review and design guidelines set forth in this Section.

2. After determining that the application for certificate of appropriateness is complete, the City Clerk shall schedule the application for consideration by the HPC within thirty (30) days. If a fully completed application for a certificate of appropriateness has not been acted upon within thirty (30) days after the date the application was filed with the City Clerk, it shall be deemed approved unless tabled or continued with the consent of the applicant. No motion to table or continue shall be made without the consent of the applicant.

3. A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The HPC shall make recommendations to the applicant concerning the changes, if any, in the proposed action that would cause the HPC to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the HPC. The applicant may resubmit an amended application that takes into consideration the recommendations of the HPC.

4. Any person aggrieved by the decision of the HPC may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of the decision of the HPC. Notice of the HPC's decision shall be mailed to the applicant unless the applicant or the applicant's agent was present at the meeting at which the decision was made. The City Council shall provide a hearing and render a decision.

[Ord. No. 325-2022, 8-2-2022]

F. Certificate Of Appropriateness — Standards For Review And Design Guidelines. In considering an application for a certificate of appropriateness, the HPC shall be guided by the following standards and design guidelines.

1. The distinguishing original qualities or character of a facade or site and its facade should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

2. Changes which may have taken place in the course of time are evidence of the history and development of a building or site. Changes made prior to 1950 that have acquired significance in their own right should be treated the same as if they were part of the original facade.

3. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building or site should be preserved when possible.

4. Deteriorated architectural features should be repaired, rather than replaced, whenever practicable. If replacement is necessary, the new material should match the material being replaced in design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based upon accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings.

5. The surface cleaning of buildings should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided when possible.

6. Every reasonable effort should be made to protect and preserve archaeological resources affected by or adjacent to any project.

7. Contemporary design for alterations and additions to existing properties and for new construction may be permitted when such alterations, additions or new construction do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, material, colors and character of the property, neighborhood.

8. Although alleys shall not be held to the standard of the building's facade, attention shall be given so as to not allow alleys to distract from the general qualities or character of the building's facade or the "HPD" in general. Alleys which are in direct view of a public thoroughfare shall be treated so as to aesthetically blend with the building. Any murals, paintings, images or advertisement shall be so designed as to identify, retain and preserve the features defining the historic character of the building.

9. Whenever possible, new construction, additions or alterations to buildings should be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the facade would be unimpaired.

10. The height of any proposed alteration should be compatible with the style and character of that building. The height of any proposed construction should be compatible with the style and character of the buildings within a "HPD".

11. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the buildings within a "HPD".

12. The scale of the building after alteration, construction or partial demolition should be compatible with its architectural style and character and with buildings within a "HPD".

13. Facades should blend with other buildings with regard to directional expression. Buildings should be compatible with the dominant horizontal or vertical expression of buildings within the district. The directional expression of a building after alteration, construction or partial demolition should be compatible with its original architectural style and character.

14. Architectural details including materials and textures should be treated so as to make a building compatible with its original character or significant architectural style and to preserve and enhance the building or "HPD".

G. Certificate Of Economic Hardship.

1. A person whose application for a certificate of appropriateness has been denied or granted conditionally may apply for a certificate of economic hardship. Alternatively, an application for a certificate of economic hardship may be filed with the application for certificate of appropriateness. Applications shall be made on forms provided by the City Clerk and approved by the HPC. If a fully completed application for a certificate of economic hardship has not been acted upon within thirty (30) days after the date the application was filed with the City Clerk, it shall be deemed approved, unless tabled or continued with the consent of the applicant. No motion to table or continue shall be made without the consent of the applicant. The application shall identify facts which support a determination that denial of the application will deprive the owner of the property of reasonable use of or a reasonable economic return on the property.

2. An application for certificate of economic hardship may include the following information:

a. Estimate of the cost of the proposed construction, alteration, repair, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the HPC for changes necessary for the issuance of a certificate of appropriateness.

b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation.

c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, repair, demolition or removal; after any changes recommended by the HPC; and, in the case of a proposed demolition, after renovation of the existing property for continued use.

d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing building on the property.

e. Applicant may demonstrate with factual data evidence that the hardship is not self-created. If the property is income producing, the applicant may provide detailed annual income and expense reports for the property for the last two (2) years, rent rates and capitalization rates for the property and comparable properties and any other pertinent information that would substantiate the applicant's claim concerning economic hardship.

f. Appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property.

g. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years.

h. Assessed value of the property.

i. Real estate taxes.

j. Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other.

3. An application for a certificate of economic hardship, if not filed with the application for certificate of appropriateness, must be made within sixty (60) days of a decision on the application for certificate of appropriateness. The City Clerk shall schedule the application for consideration by the HPC within thirty (30) days.

4. Notice of the HPC's decision shall be mailed to the applicant unless the applicant or the applicant's agent was present at the meeting at which the decision was made.

5. Any person aggrieved by the decision of the HPC may appeal to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of the decision of the HPC. The City Council shall provide a hearing and render a decision.

[Ord. No. 325-2022, 8-2-2022]

H. Continuing Validity Of Certificates. Certificates of appropriateness and certificates of economic hardship shall be issued for a period of eighteen (18) months and are renewable. Certificates of appropriateness and certificates of economic hardship shall become void if the work authorized by the certificate is not commenced within six (6) months of the date of issuance.

I. Stop Work Orders. The Building Inspector is authorized to issue a stop work order under the procedures set forth in the City's building code when any work on any building requiring a certificate of appropriateness is being performed without a certificate of appropriateness or a certificate of economic hardship or in violation of the terms of a certificate of appropriateness or a certificate of economic hardship.

J. Signs. All signs for buildings in a "HPD" not specified in the application for "HPD" designation must receive a certificate of appropriateness from the HPC, which shall review the proposed sign in accordance with the following general guidelines:

1. Signs should be designed and placed so as to appear an integral part of the building design and to respect the neighboring properties and the "HPD" in general.

2. Signs should be designed with appropriateness relative to the services of the establishment served.

3. Temporary signs for new businesses will be allowed while the certificate of appropriateness is being reviewed. These signs should follow the same guidelines as permanent signs.

4. Nothing contained in this Section should prevent the use of normal "for rent" and "for sale" signs, nor the use of normal advertising, promotional, seasonal or political signage.

K. Any owner offering property for sale which is located within a "HPD" is required to advise any potential purchasers or realtors listing property for sale that the property is located within a "HPD".

L. City Property. Proposed improvements, alterations, repairs, demolition or clearance to a building, site or object owned by the City within a "HPD" shall be approved according to the procedures and regulations of this Section.

M. Property Owned By Public Agencies. To accomplish the purposes of this Section, the City may enter into agreements with other units of government. The HPC may recommend and the City Council may authorize such agreements. Such agreements may address:

1. Designation of "HPD"s;

2. Improvements to properties within "HPD"s and properties adjacent to "HPD"s; and

3. Other mutually acceptable provisions.

N. Churches. Churches, mosques and synagogues in current use as houses of worship are exempt from the provisions of this Section; such houses of worship may voluntarily submit to the provisions of this Section. Any churches, mosques and synagogues created within a "HPD", subsequent to the execution of this Section, shall not be exempt.

O. Violations. In addition to the penalties provided for in this Chapter, any person who undertakes or causes an alteration, construction, repair, demolition or removal of any property within a "HPD" in violation of this Chapter shall be required to return the property to its appearance and setting prior to the violation. Any action to enforce this provision shall be brought by the City.

P. Review. District boundaries and designation status may be reviewed at the request of either the HPC or the petition of the owners of at least sixty percent (60%) of the Newton County tax parcels in the "HPD".

Q. Nothing contained in this Section shall affect any building permit, demolition permit or land disturbance permit issued for property which becomes part of a "HPD" if the permit was issued prior to such designation.

Section 405.178 Downtown Historic Preservation District.

[Ord. No. 468-2011 §1, 3-15-2011]

A. Establishment — Purpose — Permitted Uses.

1. There is hereby established the Neosho Downtown Historic Preservation District.

2. The purpose of the Neosho Downtown Historic Preservation District "NDHPD" is to promote the educational, cultural, economic and general welfare of the community by:

a. Preserving the distinctive historic, archaeological and architectural characteristics of Neosho which represent elements of the City's cultural, social, economic, political and architectural history;

b. Fostering civic pride in the beauty and accomplishments of the past as represented in Neosho landmarks;

c. Conserving and improving the value of property designated as landmarks; and

d. Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors and shoppers and thereby supporting and promoting business and providing economic benefit to the City.

3. Permitted uses. Any use, accessory use or conditional use permitted in the zoning district in which the premises are situated and upon which the Neosho Downtown Historic Preservation District is superimposed.

B. Boundaries. Area boundaries within said area: The Neosho Downtown Historic Preservation District "NDHPD" encompasses the area bounded by:

Starting at the corner of Hickory and Jefferson, go east on Hickory to Lafayette turn north on Lafayette to McCord. Turn west on McCord until you come to the property line for Haas building. Turn north on the east side property line until you get to the north property line and turn west. The idea is to include the Haas building property. Continue west in a straight line across Washington (this will be down the north property lines of the properties that are on the north side of McCord) until you come to Wood. Turn north on Wood to Brook. Turn west on Brook to Jefferson. Turn south on Jefferson to McCord. Turn west on McCord to College. Go west across College along property lines until you reconnect with McCord at the top of Big Spring Hill. Turn south on Big Spring Hill until you come to Big Spring Park. Continue south following the west boundary of Big Spring Park until you come to Hickory. Turn east on Hickory until you come to the east boundary of Big Spring Park and turn north. Continue north along the east boundary of Big Spring Park until you come to the property lines of the properties that sit on the south side of Spring. Turn east along the south side of those property lines until you come to Jefferson. Turn south on Jefferson until you come to Hickory, the point of beginning.

The boundaries of the "NDHPD" are hereby established as indicated on the map which is on file in the City offices and hereby made a part hereof.

C. Definition. As used in this Section, the following term shall have this prescribed meaning:

HISTORIC DISTRICT

An area designated as a historic district overlay by an ordinance of the City Council and which may contain within definable geographic boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures which, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.

D. Superimposed Districts — Application. To enable the superimposed district to operate in harmony with the plan for land use and population density embodied in the zoning regulations, the Neosho Downtown Historic Preservation District is created as a special district to be superimposed on the zoning districts contained in the zoning regulations or amendments hereto and are to be so designated by the City Council and depicted by a special symbol for their boundaries on the Zoning District Map. If there is a conflict between regulations of an underlying district and a superimposed district, the regulations of the superimposed district shall prevail.

Section 405.179 "RV" Recreational Vehicle Park District.

[Ord. No. 344-2022, 10-18-2022]

A. Purpose. The purpose of this Section is intended to:

1. Provide commercial rental parking spaces and sites for recreational vehicles (RVs), including motor homes, travel trailers, pick-ups, campers and tent trailers.

2. Provide goods and services customarily needed by occupants of the park.

3. Assure reasonable standards for the development of facilities for the occupancy of recreational vehicles on a temporary basis, ranging from short overnight stops to longer destination-type stays of up to ninety (90) days.

B. Design Standards.

1. Minimum Park Area. The minimum size of an RV park shall be two (2) acres.

2. Rental Space Size. Minimum rental space size shall be fifteen hundred (1,500) square feet. Minimum rental space size shall not include any area required for access roads, off-street parking, service buildings, recreation areas, office, and similar RV park needs.

3. Rental Pads. Each site shall be marked and numbered for identification. A minimum of eighty percent (80%) of all spaces shall be equipped with a surfaced area of not less than ten (10) feet by forty (40) feet, containing hookups for temporary water, sewer, and electricity. Surfacing shall consist of gravel, asphalt, or concrete. Where gravel surfacing is used, the design of the gravel pad shall be approved by the City to maintain proper drainage and minimize dust. Where provided, each RV unit shall be parked entirely on the surfaced area so that no part thereof obstructs any roadway or walkway within the RV Park. Those spaces not equipped with such a surfaced area, intended for occupancy by recreational vehicles not having self-contained flush toilets or showers shall be equipped with a gravel pad, the design of which shall be approved by the City, of not less than ten (10) feet by twenty-five (25) feet for RV unit parking and a hookup for temporary water. Spaces equipped with such a gravel pad shall not exceed twenty percent (20%) of the total number of spaces in the RV Park. No RV unit shall be located in the RV Park for more than ninety (90) days within a one hundred eighty (180) day period. Skirting an RV unit located in the RV Park shall be prohibited. Individual outbuildings and storage units in the RV Park shall be prohibited. Tent camping in the RV Park shall be prohibited.

4. Setback Requirements. Each rental space shall meet the following setback requirements:

a. Fifty (50) feet when abutting a State or Federal highway or designated major arterial.

b. Twenty-five (25) feet when abutting a public right-of-way other than Subsection (B)(4)(a) above.

c. Fifteen (15) feet when abutting any property line other than Subsection (B)(4)(a) or (b) above.

d. There shall be a minimum distance often (10) feet between RV units parked side by side.

e. There shall be a minimum distance of ten (10) feet between RV units parked end to end.

f. There shall be a minimum distance of twenty (20) feet between any RV space and any building.

5. Streets. Streets or roadways and parking areas within the RV Park shall be designed to provide safe and convenient access to all spaces and to facilities for common use by park occupants, and shall be constructed and maintained to allow free movement of emergency and service vehicles at all times, and shall be graded to drain and surfaced with gravel, asphalt or concrete, the design of which shall be approved by the City, to maintain proper drainage and minimize dust. All interior roadways shall be at least thirty-two (32) feet in width for two-way traffic, and at least eighteen (18) feet in width for one-way traffic. Parking shall not be allowed on park streets. A forty-five (45) foot turning radius shall be required on all curves, to allow access by emergency vehicles. Any bridges within the development shall have a capacity of at least sixteen (16) tons, to allow access by emergency vehicles. Road grades shall not exceed six percent (6%). Access into the park from a public street shall meet the same design standards as those of the public street, for a distance of forty (40) feet from the property line into the development. All roadways and walkways within the park shall be adequately lighted at night, to provide safe access.

6. Frontage. All spaces shall have a minimum frontage of twenty-five (25) feet along an interior roadway. Any accessory uses such as attached awnings, steps, or pop-outs, shall be considered to be part of the trailer.

7. Utilities. All utilities shall be placed underground.

a. Water Supply. An accessible, adequate, safe and potable supply water under pressure shall be provided in every RV Park. The water supply shall be connected to the City water system and installed to all applicable City standards. All plans and specifications shall be submitted with the zoning or rezoning request. Each rental space shall be equipped with at least one (1) water outlet.

b. Sanitary Sewer. A minimum of eighty percent (80%) of all rental spaces shall be equipped with a hookup to a temporary public sewage system by way of a branch line and riser pipe at least four (4) inches inside diameter. The riser pipe shall be capped with a watertight cap or plug when not in use. Sanitary sewage systems shall comply with the requirements of the State of Missouri and Newton County Health Department.

c. Electricity. A minimum of eighty percent (80%) of all rental spaces shall be equipped with an electrical outlet supplying at least 110 volts, or 110/220 volts, installed in accordance with applicable electrical codes.

8. Sanitary Facilities. Every RV Park shall be provided with one (1) or more service buildings equipped with flush toilets and showers. Such facilities shall be kept in a clean and sanitary condition, and plumbing fixtures shall be maintained in good working order. All such facilities shall be adequately lighted at all times and shall be well ventilated. Portable fire extinguishers of a type approved by the Neosho Fire Department shall be kept in the service buildings and at all locations designated by the Fire Department and shall be maintained in operating condition.

9. Sanitary Disposal Stations. Every RV Park shall contain at least one (1) sanitary disposal station for the sole purpose of removing and disposing of wastes from holding tanks in a clean, efficient and convenient manner. Sanitary disposal stations shall comply with the requirements of the State of Missouri and Newton County Health Department.

10. Refuse Disposal. The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions. Any refuse facility shall be in a centralized enclosed storage facility. Adequate refuse collection and removal shall be the responsibility of the park owner.

11. Fire Protection. Fire hydrants shall be installed throughout all RV Parks in accordance with the specification of the Neosho Fire Department. There shall be one (1) hydrant at the entrance to the development, and additional hydrants at a distance not to exceed five hundred (500) feet between hydrants. All buildings within the RV Park shall be equipped with fire extinguishing equipment in good working order of such type, size, and number as prescribed by the Neosho Fire Department.

12. Landscaping And Open Space. A landscape plan, to be approved by the City Council, shall be required for RV Parks. Landscaping shall be designed to perform the following functions:

a. Screen the RV Park visually and audibly from adjacent properties as completely as possible. The RV Park shall be screened from adjacent properties by means of fences or walls, six (6) feet in height, or by means of hedges or other landscaping.

b. Provide an attractive entrance and street frontage.

c. Provide dust and erosion control.

d. Provide a neat, attractive, and aesthetically pleasing appearance.

C. Establishment Of RV Park. An RV Park may be established on any tract of land held in single ownership or unified control provided that the applicant shall show, and the City Council shall find:

1. That the site is in conformance with sound planning principles and the land use plan for that area, as set forth in the general plan;

2. That the site has an acceptable relationship to the major thoroughfare plan of the City, and is accessible to recreational vehicles without causing disruption to residential areas; and

3. That the proposed recreational vehicle park will not overload utility and drainage facilities.

D. Enlargement Or Expansion.

1. Any enlargement or extension to any existing recreational vehicle park shall be treated as if such enlargement or extension was a new establishment, and thus be subject to all current, applicable regulations.

2. No enlargement or extensions to any recreational vehicle park shall be permitted unless the existing one is made to conform substantially to all requirements for new construction for such an establishment.

E. Supplementary Requirements. In addition to the foregoing, the City Council may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such recreational vehicle park as it may deem necessary for the protection of adjacent properties and the public interest.

F. Recreational Vehicle And Travel Trailer Storage. One (1) recreational vehicle or travel trailer may be stored in a driveway leading to a required off-street parking space for a single-family detached, single-family semi-detached, duplex, or townhouse dwelling unit or mobile home on an individual lot or stored in an enclosed garage or other accessory building, or parked in a rear yard, provided that no living quarters shall be maintained or any business conducted in connection therewith while such recreational vehicle or travel trailer is parked or stored.