[Ord. No. 468-2011 §1, 3-15-2011]
A.
General.
1.
Any use not permitted in the district in which it is located may
be allowed in any district by special use permit of the City Council,
after public hearing and after recommendation of the Planning and
Zoning Commission, under such conditions as to the operation, site,
development, parking, signs and time limit as may be deemed necessary
in order that it will conform to the general intent and purpose of
this Chapter. Such uses shall comply with the height and area regulations
of the district in which they may be located, except for any specific
allowances made in the ordinance granting such special use permit.
2.
Special use permits shall not be a substitute for rezoning but shall
be allowed only where there are practical difficulties or particular
hardships in the way of carrying out the strict letter of any of the
provisions of this Chapter relating to the use, construction or alteration
of buildings or structures or the use of land.
B.
Initial Applications.
1.
Applications for special use permits shall be considered at a public
hearing before the Planning and Zoning Commission in the same manner
as an application for rezoning of property. After such hearing the
Planning and Zoning Commission shall make its findings of fact and
recommendation to the City Council. The Planning and Zoning Commission
may recommend such restrictions upon the operation, site, parking,
signs and time limit of such permit as they find appropriate and necessary
to ensure the guidelines set forth herein.
2.
Special use permits may be permitted upon the showing of particular
facts and circumstances which make the conditional use appropriate
in the location in which the special use is proposed. Facts to be
taken into account include the need for the special use, both in the
neighborhood and in the community, and the effect on neighboring property
values, on the use of neighboring property, on traffic patterns, and
on the capacity of City facilities, such as water mains and sewer
mains to serve the area.
3.
However, in no case shall a special use permit be allowed to permit
a non-conforming use which will materially interfere with the use
of adjoining premises in conformity with the regulations applicable
to the use district in which it is located.
C.
Renewals Of Permits.
1.
Special use may not be granted for more than three (3) consecutive
years without a requirement that sixty (60) days prior to the expiration
of such three (3) year period, the property owner shall successfully
apply for a renewal of such permit for an additional three (3) year
period. The initial grant of special use permit may limit the number
of such renewals, but if no limit is set then the owner may apply
for an additional three (3) year renewal without reference to the
number previously granted such owner. Anything herein not withstanding,
the initial grant of a special use permit may be limited to any period
less than three (3) years. Notwithstanding the foregoing, government
entities, including Newton County, Neosho School District, and other
political subdivisions of the State of Missouri, may be granted special
use in increments of up to ten (10) years, otherwise subject to the
same terms and conditions of this Section.
[Ord. No. 356-2022, 11-15-2022]
2.
Procedure to renew.
a.
A property owner wishing to renew his/her special use permit shall
make written application for same and pay a fee of fifty dollars ($50.00)
to the City Collector. Immediately thereafter the City Building Inspector
shall inspect the subject property determining if same is in compliance
with the use granted. Within thirty (30) days of such application,
the Building Inspector shall submit his/her findings to the Planning
and Zoning Commission. Should the findings report the property as
being in compliance with the use granted, Planning and Zoning Commission
shall enter upon its records the successful application and the date
of its expiration.
b.
Should the findings of the Building Inspector be that the subject
property is not in compliance with the use granted, the Planning and
Zoning Commission shall set a hearing, no later than forty-five (45)
days from the date of application, at which time the said Commission
shall consider the findings of the Building Inspector and, giving
adequate notice to the property owner, shall consider evidence offered
in behalf of the property owner. After being fully apprised, planning
and zoning shall make a finding of whether the subject property is
in fact in compliance with the granted use. If it is found to be in
compliance, the application shall be successful and so noted on the
records with the date of its expiration. Should the use be found not
in compliance then the application shall be denied. An unsuccessful
applicant may apply for rezoning or special use permit in accord with
the procedures as though an initial application.
3.
Non-transferable. Special use permits shall be granted
to a particular owner(s) and may not be assigned or transferred to
any other owner but shall automatically expire upon the transfer of
ownership of any fee in such property.
D.
Miscellaneous. A special permit granted by the Planning
and Zoning Commission under this Section shall be considered as an
amendment to the Zoning Code as applicable to such property. In granting
such permit the Planning and Zoning Commission may impose conditions
which shall be complied with by the grantee before any final public
utility connection may be made with such building or property, and
such conditions shall not be construed as conditions precedent to
the granting of the special permit or the change in zoning of said
property, but shall be considered a precedent to such final public
utility connections.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
A driveway
or walk, as distinct from a dedicated street, to provide access to
premises in a "C-1" Retail Business District to "M-2" Heavy Industrial
District inclusive shall not be permitted in a "R-1" First Dwelling
House District to "R-3" Apartment House District inclusive.
B.
Buildings,
structures, or uses which are accessory to the use permitted in one
district shall not be permitted in a district of higher classification.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
Non-Conforming Uses Discontinued. The lawful use of a lot
of record for storage purposes or advertising signs, and which contains
no buildings, and which use for storage or signs is not permitted
by this Chapter or by an amendment thereto, shall be discontinued
within two (2) years from the date of the adoption of this Chapter
or said amendment.
B.
Non-Conforming Uses Continued Or Changed. The lawful use
of a building existing at the time of the effective date of this Chapter
may be continued although such use does not conform to the provisions
hereof. If no structural alterations are made, a non-conforming use
of a building may be changed to another non-conforming use of a higher
classification. Whenever a non-conforming use has been changed to
a use of higher classification, or to a conforming use, such use shall
not thereafter be changed to a non-conforming use of lower classification.
C.
Non-Conforming Use Due To Change In Zoning. Whenever the
use of a building becomes non-conforming through an amendment to the
Zoning Code or Zoning District Map, such use may be continued and
if no structural alterations are made, it may be changed to another
non-conforming use of a higher classification.
D.
Non-Conforming Use Stopped Or Discontinued. In the event
that a non-conforming use of any building or premises is discontinued,
or its normal operation stopped, for a period of two (2) years, the
use of the same shall thereafter conform to all regulations of the
district in which it is located.
E.
Non-Conforming Use Enlarged. A non-conforming use of a building
may not be enlarged, extended, reconstructed, or altered unless such
use is made to conform to the regulations of the district in which
it is located; provided however, that in case of evident hardship
a building containing a non-conforming use may be enlarged an amount
not greater than twenty-five percent (25%) of its present ground floor
area by variance from the Board of Adjustment after public hearing.
A non-conforming use of a lot of record for storage purposes or for
advertising signs, and which lot contains no buildings, shall not
be extended, enlarged or expanded.
F.
Non-Conforming Use Destroyed Or Damaged. When a building
containing a non-conforming use is damaged by fire, explosion, or
other casualty, act of God, or the public enemy to the extent of more
than seventy-five percent (75%) of its reasonable value, exclusive
of foundations, it shall not be restored, rebuilt, or repaired unless
it is made to conform to the regulations of the district in which
it is located. If a building containing a non-conforming use is damaged
by fire, explosion, or other casualty, act of God, or the public enemy
to the extent of less than seventy-five percent (75%) of its reasonable
value, it may be restored to its original size, provided such restoration
is completed within twelve (12) months of the date of destruction
and further provided that any necessary litigation shall not be counted
as part of the twelve (12) months allowed for restoration.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
The
regulations and requirements as to height of buildings and area of
lots which may be occupied by buildings, front yards, side yards,
rear yards and other regulations and requirements in the foregoing
Sections of this Chapter shall be subject to the following exceptions
and additional regulations:
1.
Height.
a.
In any district, public or semi-public buildings, such as hospitals,
hotels, churches, sanitariums, or schools, either public or private,
where permitted, may be erected to height not exceeding seventy-five
(75) feet provided that such buildings shall have yards which shall
be increased one (1) foot on all sides for each additional foot that
such buildings exceed in the specified height limit as established
by the regulations of the district in which such buildings are situated.
b.
Dwellings in "R-1" First Dwelling House District or "R-2" Second
Dwelling House District may be increased in height not exceeding ten
(10) feet in addition to the limitations of two and one-half (2½)
stories or thirty-five (35) feet, as prescribed in such districts,
provided that two (2) side yards of not less than twenty (20) feet
in width, each, are provided. In no case shall such dwelling, however,
exceed three (3) stories in height.
c.
Parapet walls and false mansards shall not extend more than six (6)
feet above the height limit. Flagpoles, chimneys, cooling towers,
elevator bulkheads, penthouses, finals, gas tanks, grain elevators,
stacks, storage towers, radio towers, ornamental towers, monuments,
cupolas, domes, spires, standpipes, and necessary mechanical appurtenances
may be erected as to height in accordance with existing or hereafter
enacted laws affecting the same.
d.
On through lots one hundred twenty-five (125) feet or less in depth,
the height of a building may be measured from the curb level of either
street. On through lots of more than one hundred twenty-five (125)
feet in depth, the height regulations for the street permitting the
greater height shall apply to a depth of not more than one hundred
twenty-five (125) feet from that street.
e.
In any "C-3" Commercial Business District, hospitals may be erected
to a height not exceeding sixty (60) feet or five (5) stories provided
that the building is of fire-proof construction; and provided further,
that there are streets on two (2) sides of the lot and that the building
has two (2) side yards of less than twenty (20) feet.
2.
Area per family.
a.
On lots where a public or community sewer is not available, the Board
of Adjustment may by variance reduce the minimum lot area per family
after proof by established and approved tests that the soil conditions
on that lot will safely permit a smaller absorption area.
b.
For any building provided jointly for hotel and apartment house uses,
the number of families permitted in apartments by the lot area requirements
per family shall be reduced in the same proportion as the total floor
area devoted to hotel or non-housekeeping rooms bears to the total
floor area devoted to both uses.
c.
For any building used jointly for business and dwelling purposes,
the number of families permitted in apartments by the lot area requirements
per family shall be reduced in the same proportion as the floor area
devoted to business or industry bears to the entire floor area of
the building, provided that floor area below the first (1st) floor
of such buildings shall not be included in any calculation under this
provision.
3.
Yard exceptions.
a.
In "R-1" First Dwelling House District, "R-2" Second Dwelling House
District and "R-3" Apartment House District where lots comprising
forty percent (40%) or more of the frontage, on the same side of a
street between two (2) intersecting streets (excluding reverse corner
lots) are developed with buildings having front yards with a variation
of not more than ten (10) feet in depth, the average of such front
yards shall establish the minimum front yard depth for the remainder
of the frontage; provided that the Board of Adjustment may permit
a variance in case of hardship or where the configuration of the ground
is such as to make conformity with the front yard requirements impractical.
b.
Where an official line has been established for future widening or
opening of a street or highway upon which a lot abuts, then the depth
or width of a yard shall be measured from such official line to the
nearest line of the building.
c.
Every part of a required yard or court shall be open from its lowest
point to the sky unobstructed, except for the ordinary projection
of sills, belt courses, cornices, chimneys, buttresses, ornamental
features and eaves; provided however, that none of the above projections
shall extend into a court more than six (6) inches nor into a required
yard more than thirty (30) inches; and provided further that canopies
or open porches having a roof area not exceeding sixty (60) square
feet may project a maximum of six (6) feet into the required front
or rear yard; and existing open porches extending into the required
yard shall not be enclosed.
d.
An open fire escape may project into a required side yard not more
than half of the width of such yard, but not more than four (4) feet
from the building. Fire escapes, solid floored balconies and enclosed
outside stairways may project not more than four (4) feet into the
rear yard.
e.
In any district, a detached accessory building not exceeding twenty-four
(24) feet or two (2) stories in height, or in any case not higher
than the main building, may occupy not more than thirty percent (30%)
of a rear yard.
f.
On any corner lot there shall be no planting, structure, fences or
obstruction to vision more than three (3) feet higher than the curb
level within twenty-five (25) feet of the intersection of the street
lines.
g.
Except as specifically required, buildings in "C-1" Retail Business
District, "M-1" Light Industrial District, or "M-2" Heavy Industrial
District, used wholly or partially for business or industrial purposes,
need not provide a side yard, provided that portions of such buildings
which are designed or used for dwelling purposes shall provide on
any floor so used, in addition to the front and rear yard requirements,
open space equivalent to the area of side yards for buildings used
exclusively for dwelling purposes in the district in which such building
is situated. Such open space may be in the form of additional front
or rear yards or one (1) or more courts opening to the street or rear
yard, provided that:
h.
No rear yard shall be required in "C-1" Retail Business District
to "M-2" Heavy Industrial District inclusive on any lot used for business
or industrial purposes, the rear line of which adjoins a railway right-of-way
or which has a rear railway track connection.
i.
In computing the depth of a rear yard for any building where such
yard abuts an alley, one-half (½) of such alley may be assumed
to be a portion of the rear yard.
j.
A through lot having one (1) end abutting a limited access highway,
with no access permitted to that lot from said highway, shall be deemed
to front upon the street which gives access to that lot.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
The
owner or owners of any tract of land comprising an area of not less
than five (5) acres in any district except "M-2" Heavy Industrial
District may submit to the Planning and Zoning Commission of the City
of Neosho a plan for the use and development of all of the tract of
land for residential purposes or for the repair and alteration of
any existing housing development on an area comprising five (5) acres
or more, and shall present specific evidence and facts showing whether
or not the proposed plan meets the following conditions.
1.
That property adjacent to the area included in the plan will not
be adversely affected.
2.
That the plan is consistent with the intent and purpose of this Chapter
to promote public health, safety, morals and general welfare.
3.
That the buildings shall be used only for single-family dwellings,
two-family dwellings or multiple dwellings and the usual accessory
uses, such as garages, storage space or community or administrative
activities.
4.
That the average lot area contained in the site will not be less
than two thousand (2,000) square feet per family.
5.
That the buildings do not exceed two (2) stories in height.
B.
The
plan need not provide for the customary street and lot layout, or
the normal application of the yard and area requirements to individual
building units.
C.
If
the Planning and Zoning Commission and the City Council approve the
plans, after a public hearing thereon, building permits and certificates
of occupancy may be issued even though the location of the buildings
to be erected in the area, and the yards and open spaces contemplated
by the plan do not conform in all respects to the district regulations
of the district in which it is located.
[Ord. No. 28-2018, 9-4-2018]
A.
General fence provisions shall apply to all Zoning Districts:
1.
A building permit shall be required for the construction of
any fence within the City of Neosho.
2.
No fence or wall shall be constructed or altered to exceed six
(6) feet in height.
3.
It shall be unlawful for any person to paste, stick or put upon
any fence or wall within the City any indecent, obscene, immoral or
grossly written words or material.
4.
No person shall erect any fence that is made of razor, barbs
or strand wire except within an AG, M (Industrial) or Towers Zoning
District.
5.
No person shall erect any fence or enclosure of which any part
is charged with or designed to be charged with an electrical current
except within an AG Zoning.
6.
In the case of fences constructed over dedicated utility easements,
the City shall not be responsible for the replacement of said fence
due to its removal. It is required that the property owner contact
the Public Works Department or developer for location of above-mentioned
easements.
7.
In no case shall a fence be erected so as to enclose or block
a storm water catch basin, culvert, or other storm water structure
in any development.
8.
All fencing must be maintained in good condition at all times.
B.
Fence Regulations For "R" (Residential) Districts.
1.
The owners of residential properties shall be responsible for
maintaining said fences and to remove any fence which becomes unsightly
or a menace to public safety, health or welfare.
2.
In no case shall any front yard be enclosed by a privacy fence
making the front yard not visible to the street.
3.
Ornamental dividers, plastic chains, posts or like materials
erected along driveways or sidewalks shall not be considered a fence.
4.
Private swimming pools, hot tubs and spas containing water more
than twenty-four (24) inches in depth shall be completely surrounded
by a fence or barrier at least forty-eight (48) inches in height.
C.
Fence Regulations For All "C" (Commercial) Districts.
1.
All trash, grease or recyclable containers must be completely
screened and said screening shall be a minimum of six (6) feet in
height.
2.
Fences higher than six (6) feet may be permitted for security
and/or screening purposes.
3.
Fencing is required when commercial districts abut a residential
property.
4.
All fencing abutting residential districts must be solid in
nature constructed of masonry, vinyl or wood.
D.
Fence Regulations For All "M" (Industrial) Districts.
[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 19-2014 §1, 5-20-2014]
A.
For all buildings or structures hereafter erected, constructed, reconstructed,
moved or altered, except those located in the "C-3" Commercial Business
District, off-street parking in the form of private garages, carports
or open areas made available exclusively for that purpose shall be
provided. The parking area provided for each car space shall be at
least eight and five-tenths (8.5) by twenty (20) feet plus the maneuvering
space necessary to utilize each space. No portion of a parking area
except the necessary drives shall extend into a public street or alley.
Entrances to and exits from parking areas from a street shall be not
greater than thirty-five (35) feet in width. Any lights used to illuminate
said parking areas shall be directed away from any adjacent residential
district.
1.
Parking for one- and two-family dwellings. For
all one- and two-family dwellings there shall be provided one (1)
off-street parking space for each family unit, such parking area to
be located in the front, side or rear yard on the same lot as the
main building or buildings, or in a community garage in the same block.
2.
Parking for apartments, apartment hotels, hotels, clubs,
motels, tourist courts and homes for aged or retired. For
all apartment houses and apartment hotels, there shall be provided
one (1) off-street parking space in the front, side or rear yard for
each family unit. For all hotels, clubs, motels, tourist courts and
homes for aged or retired, there shall be provided one (1) off-street
parking space for each sleeping room. In addition, any restaurant
which is an accessory use to any of the above uses shall provide one
(1) off-street parking space for each four (4) patron seats in said
restaurant. Such parking area shall be located on the same lot as
the main building, or on a lot within five hundred (500) feet either
on land zoned for business or industry, or by special use permit on
land zoned for residence.
3.
Parking for hospitals, nursing homes and institutions. For all hospitals, nursing homes and institutions there shall be
provided one (1) off-street parking space for each three (3) beds
plus one (1) space for each two (2) staff members and employees. Penal
institutions need only to provide parking for the staff and employees.
Such parking area shall be located on the same lot as the main building,
or on a lot within five hundred (500) feet either on land zoned for
business or industry, or by special use permit on land zoned for residence.
4.
Parking for places of assembly. For all theaters,
churches, funeral chapels, stadiums and auditoriums there shall be
provided one (1) off-street parking space for each four (4) patron
seats. Such parking area shall be located on the same lot as the main
building, or on a lot within five hundred (500) feet either on land
zoned for business or industry, or by special use permit on land zoned
for residence.
5.
Parking for business buildings. For all business
or commercial buildings there shall be provided one (1) off-street
parking space for each two hundred (200) square feet of service floor
area in the building. Such parking area shall be located on the same
lot as the main building or on a lot within five hundred (500) feet
either on land zoned for business or industry, or by special use permit
on land zoned for residence.
6.
Parking for industrial buildings. For all industrial
buildings there shall be provided one (1) off-street parking space
for each two (2) employees. Such parking area shall be located on
the same lot as the main building or within five hundred (500) feet
either on land zoned for business or industry or by special use permit
on land zoned for residence.
7.
Parking for agricultural business and commercial employee parking
must be provided for off the street.
B.
The Board may grant a variance reducing the number of spaces required
above, provided that it is proven that such number of spaces required
above is unnecessary for that specific use, or that to provide such
number of spaces required above would work undue hardship on the applicant.
C.
All parking areas required above shall be constructed of asphalt,
concrete pavement or parking pavers, and a solid fence or wall not
less than three (3) feet in height shall be constructed as a screen
between any such parking area and abutting lot in "R-1" First Dwelling
House District to "R-3" Apartment House District, inclusive.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
Signs
shall be permitted in all districts as follows:
1.
Districts "R-1" First Dwelling House District and "R-2" Second
Dwelling House District.
a.
One (1) non-illuminated sign per building, not more than one (1)
square foot in area, mounted on the building, indicating a permitted
home occupation.
b.
One (1) non-illuminated "For Sale" or "For Rent" sign per lot, not
more than eight (8) square feet in area.
c.
Two (2) illuminated or non-illuminated sign per church, not more
than sixteen (16) square feet in area on church premises, indicating
activities and services therein provided.
d.
One (1) non-illuminated sign per building, not more than sixteen
(16) square feet in area, showing names of architects, engineers,
buildings or contractors, on the premises of a building being constructed,
provided such sign shall be removed upon completion of the building.
e.
Garage sale signs shall be allowed on the day of the sale and must
be removed by the day after the sale. The maximum size for any one
(1) sign shall be four (4) square feet.
2.
District "R-3" Apartment House District.
a.
Signs shall be permitted as provided under "R-1" First Dwelling House
District above.
b.
In "R-3" Apartment House District one (1) non-illuminated sign, not
more than four (4) square feet in area, shall be permitted at each
major entrance to the building, provided such sign shall be attached
flat against the wall of said building, projecting not more than three
(3) inches therefrom, and shall bear no advertising.
3.
District "C-O" Non-Retail District.
a.
Signs shall be permitted for uses permitted in "R-1" First Dwelling
House District, "R-2" Second Dwelling House District and "R-3" Apartment
House District, which are located in this district, as provided under
"R-3" Apartment House District above.
b.
Not more than two (2) non-illuminated signs, not more than sixteen
(16) square feet each in area, shall be permitted on each office building
or mortuary, provided such sign shall be attached flat against the
wall of said building, projecting not more than six (6) inches therefrom,
and shall indicate only the name of the building or establishments
housed therein. In addition, one (1) non-illuminated sign not more
than four (4) square feet in area shall be permitted at each major
entrance to the building, provided such sign shall be attached flat
against the wall of said building, projecting not more than six (6)
inches therefrom, and shall bear no advertising.
4.
District "C-1" Retail Business District. Signs limited
to those listing name of, or products, activities or services offered
on the premises and as otherwise listed under "C-O" Non-Retail District.
Such signs shall comply with the height and yard regulations of the
"C-1" Retail Business District.
5.
Districts "C-2" General Business District, "M-1" Light Industrial
District and "M-2" Heavy Industrial District. In Districts
"C-2", "M-1" and "M-2", signs of all types shall be permitted, where
otherwise permitted by ordinance, provided such signs shall comply
with the height and yard regulations of the district in which they
are located. All signs visible from any point beyond the lot line
shall be subject to these regulations.
