[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.
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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.
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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.
[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.
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.
[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.
[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.
[1]
Editor's Note: Former Section 405.091, District "RD-1" Redevelopment
District, was repealed 4-6-2021 by Ord. No. 164-2021.
[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:
C.
Any
use permitted in District "R-3".
[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")
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.
[1]
Editor's Note: Former Section 405.105, Definitions, was repealed
4-6-2021 by Ord. No. 165-2021.
[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).
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.
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Note: The above specified uses shall be retail
or service establishments exclusively; no drive-in or curb service
shall be permitted.
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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.
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.
[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 107-2020, 1-5-2021]
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.
Food market.
16.
Frozen food lockers for individual or family use.
17.
Furniture store, including secondhand.
18.
Glass shop.
19.
Hardware store.
20.
Household merchandise.
21.
Jewelry store.
22.
Ornamental iron sales rooms, but not forging, stamping, or casting.
23.
Pet shop, including grooming.
24.
Radio and television store and service.
25.
Shoe store, including repairs and service.
26.
Sporting goods store.
27.
Storage garages for automobiles, boats, trucks and recreational vehicles.
28.
Taverns and nightclubs.
29.
Theaters, excluding drive-in theaters.
30.
Wholesale sales office or sample room.
31.
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.
[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]
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.
Fuel stations.
13.
Greenhouses (commercial).
14.
Gymnasium.
15.
Hospital for small animals (if within an enclosed building).
16.
Laundries employing five (5) or less persons.
17.
Miniature golf courses.
18.
Package liquor stores.
19.
Plumbing and heating and air-conditioning shops.
20.
Printing and publishing plants (including book binding).
21.
Public garages.
22.
Radio and television broadcasting stations and studios, except towers
(excluding church broadcasting stations).
23.
Riding stables and tracks.
24.
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.
25.
Skating rinks.
26.
Storage in bulk of, or warehouse for, such materials as are incidental
to the sale at retail on the premises.
27.
Swimming pools (commercial), water slides, and other water-related
activities.
28.
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.
29.
Retail lumberyards.
30.
Marijuana cultivation facility (if within an entirely enclosed building).
[Ord. No. 377-2023, 1-17-2023]
31.
Marijuana-infused products manufacturing facility (if within an entirely
enclosed building).
32.
Marijuana testing facility (if within an entirely enclosed building).
[Ord. No. 377-2023, 1-17-2023]
33.
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.
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:
[Ord. No. 377-2023, 1-17-2023]
a.
Compliance With State Law. Use shall remain at all times in compliance
with Section 1 of Article XVI of the Missouri Constitution.
[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.
[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.
[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.
[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")
[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.
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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.
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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:
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.
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.
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.
[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.
ALLEY
ALTERATION
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CITY
CONSTRUCTION
DEMOLITION
FACADE
GOOD STANDING
HISTORIC PRESERVATION COMMISSION (HPC)
HISTORIC PRESERVATION DISTRICT ("HPD")
MAINTENANCE
REMOVAL
REPAIR
Definitions. The following definitions apply to this Section:
[Ord. No. 325-2022, 8-2-2022]
A thoroughfare through a block or buildings giving access
to the rear of lots or buildings.
Any act that changes one (1) or more of the features (including
color) of a building's facade located within a "HPD".
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".
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.
The City of Neosho, Missouri.
The act of adding an addition to an existing building or
the erection of a new principal or accessory building.
Any act which destroys in part or in whole a building within
a "HPD".
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".
A merchant or property owner who is current on all taxes,
fees and assessments relating to such building or business within
a "HPD".
Members of the Historic Preservation Commission as outlined
in City Ordinance Number 156-2003.
A geographic area designated as a historic preservation district
by City ordinance.
Preserving from failure or decline the facade of a building,
without changing color, material or function.
Any relocation of a building on its site or to another site.
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:
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:
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.
[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.
HISTORIC DISTRICT
Definition. As used in this Section, the following term
shall have this prescribed meaning:
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.
[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.
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.
