Editor's Note: As to comprehensive plan for the city, see ord.
no. 6136 enacted on 2-9-1970.
[R.O. 2012 §400.010; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 22-07-01, 7-18-2022]
This Chapter shall be known, cited, and referred to as "The
Excelsior Springs Zoning Ordinance."
[R.O. 2012 §400.020; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 22-07-01, 7-18-2022]
A.
This Chapter is adopted for the purpose of:
1.
Promoting the public health, safety, comfort, morals, convenience,
and general welfare.
2.
Securing adequate light, pure air, and safety from fire and
other dangers.
3.
Conserving the value of land and buildings throughout the City
of Excelsior Springs.
4.
Assure a means of efficient and safe vehicular and pedestrian
circulation throughout the City.
5.
To these ends the Chapter is designed to establish certain standards
and objectives by:
a.
Dividing the entire City of Excelsior Springs into districts
and restricting and regulating therein the location, construction,
reconstruction, alteration, and use of building, structures, and land,
whether for residence, business, manufacturing, or other specified
uses.
b.
Avoiding or lessening congestion in the public streets.
c.
Preventing the overcrowding of land through regulating and limiting
the height and bulk of buildings hereafter erected as related to land
area.
d.
Establishing regulations and limiting the building or setback
lines on or along streets, alleys or property lines.
e.
Regulating and limiting the intensity of the use of land, and
defining and regulating the area of open spaces within and surrounding
such uses.
f.
Establishing spatial standards to which buildings or structures
therein shall conform.
g.
Prohibiting uses, buildings or structures incompatible with
the character of nearby residence, business, or manufacturing districts.
h.
Preventing additions to, and alterations or remodeling of, existing
buildings or structures in such a way as to avoid the restrictions
and limitations imposed hereunder.
i.
Providing for the gradual elimination of those uses, buildings
and structures which are incompatible with the character of the districts
in which they are located; including, without being limited thereto:
(1)
Elimination of such uses of unimproved lands or
lot areas when existing rights of the persons in possession thereof
are terminated, or when the uses to which they are devoted are discontinued;
(2)
Elimination of uses to which such buildings and
structures are devoted, if they are adaptable to permitted uses;
(3)
Elimination of such buildings and structures when
they are destroyed or damaged in major part.
j.
Defining and limiting the powers and duties of the administrative
officers and bodies hereinafter.
k.
Prescribing penalties for the violation of the provisions of
this Chapter, or any amendment thereto.
[R.O. 2012 §400.030; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 92-3-4 §400.030, 3-16-1992; Ord. No. 92-8-6, 8-3-1992; Ord. No.
93-6-4 §400.030, 7-6-1993; Ord. No. 96-11-2, 11-4-1996; Ord. No. 2000-6-3, 6-5-2000; Ord. No. 2011-11-09-06 §1, 9-19-2011; Ord.
No. 23-01-03, 1-17-2023]
A.
The
language set forth in the text of this Chapter shall be interpreted
in accordance with the following rules of construction:
1.
The singular number includes the plural and the plural the singular;
2.
The present tense includes the past and the future tenses and the
future the present;
3.
The word "shall" is mandatory while the word "may" is permissive;
4.
The masculine gender includes the feminine and neuter;
5.
Whenever a word or term defined hereinafter appears in the text of
this Chapter its meaning shall be constructed as set forth in the
definition thereof;
6.
All measured distances shall be to the nearest integral foot; if
a fraction is one-half (½) foot or more, the integral foot
next above shall be taken;
7.
ABANDONMENT
ABUTTING
ACCESS
ACCESSORY BUILDING
ACCESSORY USE
AGING IN PLACE
AGRICULTURE
AIRPORT
ALLEY
ALTERATION
ANIMAL HOSPITAL
ANTENNA
APARTMENT
AUTOMATIC CAR WASH
BANNER
BASEMENT
BED AND BREAKFAST ESTABLISHMENT
BILLBOARD
BLIGHTED AREA
BLOCK
BOARDING OR LODGING HOUSES
BUILDING
BUILDING HEIGHT
BUILDING PERMIT
BUILDING, DETACHED
BUILDING, PRINCIPAL
BUILDING, RESIDENTIAL
BUILDING, TEMPORARY
BULK
1.
2.
3.
4.
5.
BUSINESS
CALIPER
CAMPGROUND
CANOPY
CARPORT
CERTIFICATION OF APPROPRIATENESS (COA)
CLUB OR LODGE, PRIVATE
CLUSTER HOUSING
COMMERCIAL
COMMERCIAL TRUCKS OR BUSES
COMPREHENSIVE PLAN
CONDOMINIUM
CONGREGATE LIVING
CONSTRUCTION SIGN
COUNTRY INN
COURT
COVENANT
CULTIVATION
CURB LEVEL
DAY CARE CENTER
DECIBEL
DENSITY
DESIGN
DEVELOPABLE LAND
DEVELOPMENT
DEVELOPMENT PLAN
DOG KENNEL
DRIVE-IN ESTABLISHMENT
DRIVE-THRU SERVICES
DRIVEWAY
DUMP
DWELLING
DWELLING — MULTIPLE-FAMILY
DWELLING — SINGLE-FAMILY
DWELLING — TWO-FAMILY
DWELLING UNIT
EASEMENT
EMINENT DOMAIN
FAIR MARKET RENT
FAMILY
FARMING
FENCE — SOLID
FLOOR — TOTAL AREA
FLOOR AREA FOR THE PURPOSE OF DETERMINING OFF-STREET PARKING
REQUIREMENTS
FLOOR AREA RATIO
GARAGE — DETACHED
GARAGE — PRIVATE
GARAGE — STORAGE
GARBAGE
GARDEN APARTMENTS
GRADE
GROUND FLOOR AREA (GFA)
GROUP HOME
GUEST – PERMANENT
HAZARDOUS MATERIAL
1.
2.
3.
4.
5.
6.
HAZARDOUS WASTE
HEIGHT OF STRUCTURE OTHER THAN A BUILDING
HOME OCCUPATION
HOTEL
HOTEL – APARTMENT
HOUSEHOLD
JUNK
JUNK YARD
KENNEL
LABORATORY
LANDMARK
LANDSCAPING
LODGING ROOM
LOT
LOT — REVERSED CORNER
LOT — THROUGH
LOT — WIDTH
LOT AREA
LOT CORNER
LOT DEPTH
LOT LINE
LOT LINE — FRONT
LOT LINE — REAR
LOT LINE — SIDE
MAINTENANCE
MANUFACTURED HOME
MANUFACTURER
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA BUSINESS
1.
2.
3.
4.
5.
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MOBILE HOME
MOBILE HOME PARK/SUBDIVISION
MODIFY (MODIFICATION)
MOTEL or MOTOR HOTEL
MOTOR FREIGHT TERMINAL
MOTOR VEHICLE
MOTOR VEHICLE SALVAGE OR WRECKING YARD
MOTOR VEHICLE SERVICE STATION
NAMEPLATE
NOXIOUS MATTER
NURSING HOME
OCCUPY
OPEN SALES LOT
OVERLAY DISTRICT
PARCEL
PARTICULATE MATTER
PARTY WALL
PAYDAY LOAN BUSINESS
PERFORMANCE STANDARD
PERMIT
PLANNED ZONING DISTRICT
PLANNING AND ZONING COMMISSION
PLAT
PLAT, FINAL
PLAT, PRELIMINARY
PUBLIC UTILITIES AND FACILITIES
RECYCLING
REDEVELOPMENT AREA
REFUSE
REZONING
RIGHT-OF-WAY
ROOMING HOUSE
SCREENING
SENIOR ADULT
SET BACK LINE
SHED
SIDEWALK
SITE PLAN
SITE PLAN REVIEW
STORAGE
1.
2.
STORY
STREET
STREET, ARTERIAL
STRUCTURAL ALTERATION
STRUCTURE
TITLE LOAN BUSINESS
TRAILER — HAULING
TRAILER (ENCLOSED OR OPEN)
TRAILER ADVERTISING
TRAVEL TRAILER, RECREATION VEHICLE or MOTOR HOME
USE — ACCESSORY
USE — NON-CONFORMING
USE — PERMITTED
USE — PRINCIPAL
USE
UTILITY BUILDING
VACANT
VARIANCE
VIOLATION
YARD
YARD — FRONT
YARD — REAR
YARD — SIDE
ZONING
ZONING DISTRICTS
The following words and terms,
wherever they occur in this Chapter, shall be construed as herein
defined.
When the use of a property has ceased and the property had
been vacant for one hundred eighty (180) days, abandonment of use
will be presumed unless the owner can show that a diligent effort
has been made to sell, rent or use the property for legal permissible
use.
Having a common border with or being separated from such
common border only by an alley, easement or right-of-way.
The place or way through which pedestrians and/or vehicles
shall have safe, adequate and usable ingress and egress to a property
or use as required by this title.
An incidental subordinate building customarily incidental
to and located on the same lot occupied by the main use or building,
such as a detached garage.
A use conducted on the same lot as the primary use of the
structure to which it is related; a use that is clearly incidental
to, and customarily found in connection with, such primary use.
A person living in the residence of their choice, for as
long as they are able, as they age. This includes being able to have
any services (or other support) they might need over time as their
needs change.
The planting, cultivating, harvesting and storage of grains,
hay or plants commonly grown in Clay and Ray Counties. The raising
and feeding of livestock and poultry shall be considered agriculture
if the area in which the livestock or poultry is kept is a part of
an ownership of ten (10) acres or more, the primary use of which is
row crops or grazing. Stock yards, sale of machinery, feed lots, grain
elevators and similar commercial operations shall not be included
in this definition.
Any premises which are used, or intended for use, for the
landing and take-off of aircraft; and any appurtenant areas which
are used, or intended for use, for airport buildings or other airport
structures or right-of-way, together with all airport buildings and
structures located therein.
A right-of-way with a width not exceeding twenty-four (24)
feet which affords a secondary means of access to abutting property.
Any addition, removal, extension or change in the location
of any exterior wall of a building.
Any building, or portion thereof, designed or used for the
care, observation, or treatment of domestic animals.
Any structure or device used to collect or radiate electromagnetic
waves for the provision of wireless services, including, but not limited
to, cellular, paging, personal communications services (PCS), internet,
and microwave communications. Such structures and devices include,
but not limited to, directional antennae, such as panels, microwave
dishes and satellite dishes, and omni directional antenna.
A room or suite of rooms within an apartment house arranged,
intended or designed as a place of residence for a family.
Any building, or portion thereof, where motor vehicles are
washed using a conveyor, blower, steam-cleaning equipment, or other
mechanical device of production-line nature.
Any sign made of cloth, paper, flexible plastic, or fabric
with only such material for backing, bearing a slogan or design, hung
in a public place, or carried in a demonstration or procession.
A portion of a building located partly underground, but having
more than half (1/2) its floor-to-ceiling height below the average
grade of the adjoining ground.
A business operated from the owner's primary residence,
providing rooms therein for overnight accommodation, serving no meals
other than breakfast. Limited events such as small weddings and business
meetings may be held on the premises, with no more than one (1) luncheon
setting or comparable light meal service.
A permanent structure sign which is used for the display
of off-site commercial messages. It is located outdoor for the purposes
of advertisement, and typically found in high-traffic areas.
An area which, by reason of the predominance of defective
or inadequate street layout, unsanitary or unsafe conditions, deterioration
of site improvements, improper subdivision or obsolete platting, or
the existence of conditions which endanger life or property by fire
and other causes or combination of such factors, retards the provision
of housing accommodations or constitutes an economic or social liability
of a menace to the public health, safety, morals, and welfare in its
present condition or use.
A tract of land bounded by streets or by a combination of
one (1) or more streets and public parks, cemeteries, railroad right-of-way,
or shore lines of waterways or corporate boundary lines.
A residential building containing one (1) of more rooms which
have no cooking facilities and which are occupied by persons other
than members of the immediate family, and which may or may not include
meals.
Anything constructed for shelter or enclosure of person,
animals, chattels, or movable property of any kind and which is permanently
affixed to the land.
The vertical distance measured from the average finished
grade adjoining the building to the highest point of the underside
of the ceiling beams, in the case of a flat roof; to the deck line
of a mansard roof; and to the mean level of the underside of the rafters
between the eaves and the ridge of a gable, hip, or gambrel roof.
Chimneys, spires, towers, elevator penthouses, tanks, and similar
projections shall not be included in calculating the height.
A document of authorization issued by a local government
when an individual or company wants to build a new structure or begin
construction on an existing structure for expansion or repair.
A single dwelling not attached to any other dwelling or structure
(except its own garage or shed). A building with walls and a roof.
A building in which is conducted the principal use of the
lot on which it is located.
A building arranged, designed, used or intended to be used
for residential occupancy by one (1) or more families.
Any building not designed to be permanently located, placed,
or affixed in the place where it is situated.
A composite characteristic of a given building as located
upon a given lot, not definable as a single quantity, but involving
all of the following characteristics:
Size and height of building;
Location of exterior walls at all levels in relation to lot
lines, streets, or to other buildings;
Gross floor area of the building in relation to lot area (floor
area ratio);
All open spaces allocated to the building; and
Amount of lot area provided per dwelling unit.
An occupation, employment, or enterprise which occupies time,
attention, labor, and materials, or wherein merchandise is exhibited
or sold or where services are offered.
A measurement of size of a shade tree, that being the diameter
of the trunk measured one (1) foot above the ground surface or top
of earth ball.
An area of land, including supporting sanitary and other
facilities, for the overnight or temporary parking of recreational
vehicles and other modes of sleeping while traveling by auto.
A roofed structure constructed of fabric or other material
supported by the building or by support extending to the ground directly
under the canopy placed so as to extend outward from the building,
providing a protective shield for doors, windows and other openings.
A roofed accessory attached or detached structure, primarily
used for parking motor vehicles, that is open on at least one side.
It is a covered parking structure that is used to protect vehicles
from rain, snow, hail, and dust. A carport may be attached to a home
in place of a garage, or it may be built as a freestanding structure.
The approval statement signed by the Historic Preservation
Committee certifies the historical appropriateness of a proposed alteration
to, construction of an addition to, or demolition (partial or complete)
of a landmark or property in a historic district. The issuance of
a Certificate of Appropriateness authorizes the issuance of a building
permit.
An association of persons who are bona fide members, paying
dues, and being generally restricted to members and their guests.
The site planning technique of grouping dwelling units around
courts, parking areas, common open spaces, and private drives as opposed
to fronting all on a public street.
Pertaining to the buying and selling of goods and services.
A truck or bus licensed at or above eighteen thousand (18,000)
pounds gross vehicle weight.
One or more documents approved by the council set forth goals,
objectives, and policies for the city and neighborhoods. Goals and
policies which have been adopted, or as they may be expanded or amended,
are to serve as a guide for decisions by the Planning Commission and
the Council on a variety of subjects, including, but not limited to,
initial zoning, rezoning, conditional uses, growth and development,
transportation, parks and open spaces, capital improvements, and cultural
arts.
A type of ownership whereby portions of a building are separately
owned under the Condominium Statutes of the State of Missouri.
A style of living whereby senior adults reside in separate
sleeping quarters but utilize common dining and recreational facilities.
Any sign used to identify the architects, engineers, contractors
or other individuals or firms involved with the construction of a
building and announce the character of the building or the purpose
for which the building is intended.
A limited accommodation facility, situated on a parcel of
not less than five (5) acres, offering not less than five (5) nor
more than fifteen (15) rooms for overnight lodging, with an owner
or manager residing on or adjacent to the site. Meals may be served
to overnight guests and to the general public, including alcoholic
beverage service under separate license for the same, with dining
facilities for no more than fifty (50) patrons. Events such as weddings
and business meetings may be held on the premises, within the same
limitations.
An open, unoccupied space, other than a yard, bounded on
three (3) or more sides by exterior walls of a building, or by exterior
walls and lot lines on which walls are allowable.
A property covenant is an agreement between two (2) or more
parties regarding certain uses of a piece of real property. The covenant
will either benefit or burden the landowner.
As related to activity authorized pursuant to Article XIV,
Section 1 of the Missouri Constitution and all rules and regulations
issued by the Missouri Department of Health and Senior Services, the
process by which a person, business or legal entity promotes the germination
and growth of a seed to a mature marijuana plant.
The level of the established curb in front of a building
or structure measured at the center of such front. Where no curb level
has been established, it shall be deemed to be the established level
of the center line of the street surface in front of a building or
structure measured at the center line of such front.
A building wherein children not being of the same family,
are kept during portions of the day when the children's parents
are employed or otherwise occupied elsewhere.
A unit of measurement of the intensity (loudness) of sound.
As used in this Chapter decibel levels shall be measured on the "A
Scale" and referred to as "dB (A)."
The number of dwelling units that are allowed on an area
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
A drawing or outline made for the construction, modification,
demolition, relocation, use or reuse of a building, which shows essential
particulars of the various parts, dimensions and symbols of materials,
and functions of the building sufficiently complete for such purpose.
Land which is appropriately zoned, has access to all necessary
utilities and has access to publicly dedicated streets.
Any manmade change to unimproved property including, but
not limited to, grading, drilling, excavation, filling, paving, installation
of utilities or landscaping, and the construction of structures, retaining
walls and fences.
A document which provides planners with guidelines to follow
during the development assessment process.
Any premises where three (3) or more dogs are owned, boarded,
bred, and/or offered for sale.
A place of business operated for the retail sale of food
and other goods, services, or entertainment; where patrons may be
served or otherwise conduct their business while remaining in the
motor vehicle which is parked in a space provided on the premises.
Any business wherein a patron is served through a window
or other device while remaining in a motor vehicle and where products
served to persons in a vehicle are not normally consumed on the premises.
A private access road, the use of that is limited to persons
residing, employed, or otherwise using or visiting the parcel in which
it is located.
A lot or land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning or storage of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles, or parts thereof,
or waste material of any kind.
A building or portion thereof intended for occupancy for
residential purposes but not including hotels, motels, rooming houses,
nursing homes, tourist homes, motorhomes or recreation vehicles.
A dwelling, or portion thereof, containing three (3) or more
dwelling units.
A dwelling containing one (1) dwelling unit.
A dwelling containing two (2) dwelling units.
One (1) or more rooms constituting all or part of a dwelling
and which are arranged, designed, used, or intended for use exclusively
as a single housekeeping unit for one (1) family, and which includes
cooking, living, sanitation, and sleeping facilities.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
The power of the government to take private property and
convert it into public use.
A gross rent estimate that includes base rent, as well as
any essential utilities that the tenant would be responsible for paying,
such as gas or electric. Fair market rent is generally calculated
as the 40th percentile or gross rents for regular, standard quality
units in a local housing market.
One (1) or more persons, each related to the other by blood,
marriage, or legal adoption, or group of not more than four (4) persons
not so related, and maintaining a common household and using one (1)
set of kitchen facilities in a dwelling unit. A family may include
not more than two (2) roomers, boarders, or permanent guests not a
part of a common household, whether or not gratuitous.
A tract of land, usually with a house, barn, or silo on which
crops and often livestock are raised for livelihood.
A fence, including solid entrance and exit gates, which effectively
conceals from viewers in or on adjoining properties, streets, alleys
or public ways, materials stored and operations and activities conducted
behind it.
The sum of the gross horizontal areas of all floors in a
building, measured in square feet, including the basement floor, measured
from the exterior faces of the exterior walls or from the center line
of walls separating two (2) buildings. The floor area of a building
shall also include elevator shafts and stairwells at each floor; floor
space used for mechanical equipment; penthouses; attic space having
headroom of seven (7) feet ten (10) inches or more; interior balconies
and mezzanines; enclosed porches; and floor devoted to accessory uses,
provided that any space devoted to off-street parking or loading shall
not be included in the total floor area.
The total floor area of the building, expressed in square
feet, measured from the exterior surface of outside walls, and including
mezzanines, upper floors, whether finished or not, from which is subtracted
the floor area of washrooms, elevator shafts, stairways, mechanical
room and any permanent shopping center malls.
The numerical value obtained through dividing the floor area
of a building or buildings by the area of the lot on which such building
are located.
A free standing "accessory building" as defined above which
is not a part of the principal structure, but is accessory to a principal
structure. A "detached garage" may not be a principal structure or
be allowed on a lot or parcel in a residential district where no principal
structure is located.
An accessory building or an accessory portion of the principal
building, including a carport, which is intended for and used for
storing of private passenger vehicles of the persons, family, or families
using the premises; as well as the storage of boats, campers, and
recreational vehicles; and except carports for legally permitted hobby
and craft pursuits of the persons, family or families using the premises.
A building or premises used for housing motor vehicles pursuant
to previous arrangements and for duration greater than three (3) days.
Household waste or rubbish which consists of leftover food,
fruit, vegetable peels, fallen leaves of potted plants, waste paper,
unwanted plastic objects, glass articles, metal objects, old wooden
objects, rags, discarded shoes, sewage.
An apartment building located on a lot, either singly or
together with other similar apartments buildings, generally having
a low density of population and having substantial landscaped open
space adjacent to the dwelling units.
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five (5)
feet from the building.
The lot area covered by a building measured from the exterior
faces of exterior walls, but excluding open terraces or open porches,
garages or carports.
Any home in which eight (8) of fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as house parents or guardians who need not to be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
A person who occupies or has the right to occupy, a residence
or dwelling accommodation for a period of thirty (30) days or more.
Are substances or chemicals that pose a health hazard, a
physical hazard, or harm to the environment.
Ignitable. A gas, liquid, or solid which may cause fires through
friction, absorption of moisture or which has low flash points.
Carcinogenic. A gas, liquid or solid which is normally considered
to be cancer causing or mutagenic.
Explosive. A reactive gas, liquid or solid which will vigorously
and energetically react uncontrollably if exposed to heat, shock,
pressure or combinations thereof.
Highly Toxic. A gas, liquid or solid so dangerous to man as
to afford an unusual hazard to life.
Moderately Toxic. A gas, liquid or solid which through repeated
exposure or in a single large dose can be hazardous to man.
Corrosive. Any material, whether acid or alkaline, which will
cause severe damage to human tissue or, in case of leakage, might
damage or destroy other containers of hazardous materials and cause
the release of their contents.
A waste with properties that make it dangerous or capable
of having harmful effect on human health or the environment.
The vertical distance from the average ground level at the
base of the structure to the highest part thereof.
Any gainful occupation, business, or profession conducted
in a dwelling by a member of the immediate family residing on the
premises.
A building containing lodging rooms, a common entrance and
lobby, halls and stairways, and which lodging rooms do not have doorways
opening directly to the outdoors except for emergencies; and where
more than fifty percent (50%) of the lodging rooms are for rent, with
or without meals, to transient guests for a continuous period of less
than thirty (30) days.
A hotel, except more than fifty percent (50%) of the lodging
rooms are available for permanent guests.
The residential occupancy of a dwelling unity by a household
on a month-to-month or longer basis in structures with self-contained
dwelling units including kitchens.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, iron, steel, and other old or scrap
ferrous or non-ferrous material. Old things that have been thrown
away or that have little value. These items are typically in very
poor condition and damaged.
An open area where waste, used or second-hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled, or handled,
including, but not limited to, scrap iron and other metals, paper,
rags, rubber tires, and bottles. A junk yard includes an auto wrecking
yard, but does not include uses carried on entirely within enclosed
buildings, nor does it include an establishment engaged only in the
processing of scrap metal for the manufacture of steel on the same
premises.
A facility in which four (4) or more household pets are temporary
housed, groomed, bred, boarded, or trained; and may also be incidentally
treated for medical conditions. Kennels includes for-profit facilities,
as well as not-for-profit or public facilities at which abandoned
or rescued animals are housed and offered for adoption. A commercial
operation that:
A building, or group of buildings, in which are located facilities
for scientific research, investigation, testing or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the principal investigative or research function.
A property or structure designated as a "landmark" by the
City Council; which is worthy of rehabilitation, restoration, and
preservation because of its historic and/or architectural significance
to the city.
The bringing of the soil surface to a smooth finished grade,
installing sufficient trees, shrubs, ground cover and grass to soften
building lines, provide shade and generally produce a pleasing visual
effect of the premises.
A room rented as sleeping and living quarters, but without
cooking facilities, and with or without an individual bathroom. In
a suit of rooms, each room shall be counted as one (1) lodging room.
A parcel of land occupied by, or intended for occupancy by,
one (1) principal building, unified groups of buildings or principal
uses, and having access to a public street. A lot may be one (1) of
more platted lots, or tract or tracts as conveyed, or parts thereof.
A corner lot where the side lot line adjoining a street is
substantially a continuation of the front line of the first lot to
its rear.
An interior lot having frontage on two (2) streets.
The horizontal distance between side lot lines, measured
at the front building line.
The area of a horizontal plane bounded by the vertical planes
through front, side, and rear lot lines.
A lot situated at the junction of, and abutting on two (2)
or more intersecting streets. A corner lot shall be deemed to front
on that street on which it has its least dimension unless otherwise
specified by the Building Official.
The average horizontal distance between the front lot line
and the rear lot line of a lot measured within the lot boundaries.
A property boundary line of any lot.
That boundary line between a lot and the street on which
it fronts.
That boundary of a lot which is opposite and most distant
from and is approximately parallel to the front lot line. If the rear
lot line is less that ten (10) feet in length, or if the lot forms
a point at the rear, the rear lot line shall be deemed to be a line
ten (10) feet in length within the lot, parallel to, and at the maximum
distance from the front lot line.
Any boundary of a lot which is not a front or rear lot line.
The activities necessary to prolong the useful life and aesthetic
appearance of a property. Maintenance on a historic structure focuses
on preventing the deterioration and decay of, and damage to, the structure.
A structure, constructed on or after June 15, 1976, in compliance
with the rules and definitions of the United States Department of
Housing and Urban Development, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
a permanent foundation when connected to the required utilities for
occupancy. The term "manufactured home" does not include recreational
vehicles.
Every person, partnership, firm, corporation, association,
limited liability company, or other legal entity engaged in cultivation,
treating, processing, refining, improving, combining, fabricating,
assembling or otherwise adding to the utility value, or appearance
of commodities and other personal property, whether done on order
of for sale upon expected or anticipated demand or orders for the
manufactured goods. Medical marijuana cultivation facilities and medical
marijuana-infused products manufacturing facilities are manufacturers.
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
A medical marijuana business shall be defined as any of the
following herein defined entities:
Medical marijuana cultivation facility.
Medical marijuana dispensary facility.
Medical marijuana-infused products manufacturing facility.
Medical marijuana testing facility.
Any other entity currently or hereafter included in and regulated
by Article XIV, Section 1 of the Missouri Constitution.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and deliver marijuana to a medical,
marijuana-infused products, and drug paraphernalia used to administer
marijuana as provided by the State of Missouri solely pursuant to
the terms of Article XIV, Section 1 of the Missouri Constitution to
a qualifying patient, a primary caregiver, another medical marijuana
dispensary facility, a medical marijuana testing facility, or a medical
marijuana-infused products manufacturing facility.
A residential building, assembled in total or in not more
than three (3) sections at the factory, and transported over the road
on its own wheel carriage to a destination, and which may be moved
from one (1) destination to another.
A tract of land having a system of utilities including water
supply, sanitary sewers, power and telephone, which utilities are
available to mobile homes which may be placed on the property on a
temporary or permanent basis for residential purposes.
Any addition, deletion, or change, including the addition
or replacement of antennas, or any change to a structure requiring
a building permit or other governmental approval.
A building containing lodging rooms having adjoining individual
bathrooms, and used primarily by transient guests traveling by motor
vehicle.
A building or premises in which freight is received or dispatched
by motor vehicle.
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys, or other public
ways.
Any area of land where three (3) or more inoperable motor
vehicles, or parts thereof, are stored in the open and are not being
restored to operation; or any land, building, or structure used for
the stripping, wrecking or storing of such motor vehicles, or parts
thereof and which may include sale of parts of vehicles.
Any building, or portion thereof, or premises used for dispensing
or offering for sale at retail any automotive fuels or oils, having
pumps and storage tanks thereon; or where battery, tire, and other
similar services are rendered, but only if rendered wholly within
the lot lines. When dispensing, sale or offering for sale is only
incidental to the conduct of a repair garage, the premises are classified
as repair garage. Motor vehicle service stations do not include open
sales lots or vehicle storage lots.
A sign indicating the name and address of a building, or
the name of an occupant thereof and/or the practice of a permitted
occupation therein.
Material which is capable of causing injury or physical discomfort
to living organisms by chemical reaction or is capable of causing
detrimental effects upon the health or the psychological, social,
or economic well-being of human beings.
A residential establishment for the care of persons requiring
a continuous and moderate level of health care.
When a person has ownership or possession of land, a room,
or a building that is actively living in or using it as a tenant owner.
Any land used or occupied for the purpose of displaying,
buying or selling merchandise, passenger cars, trucks, motor scooters,
motorcycles, boats, monuments, or for similar items or for the storing
of same prior to sale.
A district in which additional requirements act in conjunction
with the underlying zoning district(s). The original zoning district
designation does not change. An area of the city that have unique
qualities requiring special treatment or locations where special approaches
to development may be warranted.
A lot, parcel, block or other tract of land that is occupied
or may be occupied by a structure or structures or other use, and
that includes the yards and other open spaces required under the zoning,
subdivision or other development ordinances.
Material which is suspended in or discharged into the atmosphere
in finely divided form as liquid or solid at atmospheric temperature
and pressure.
A wall which is common to but divides contiguous buildings;
such a wall contains no openings and extends from its footing below
the finished ground grade to the height of the exterior surface of
the roof.
The business of making loans for a period of thirty (30)
days or less in duration, intended to coincide with the period from
one (1) payday of the borrower to the next, and in principal amounts
of five hundred dollars ($500.00) or less.
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, or glare, heat, or
other effect generated by or inherent in the uses of land or buildings.
A type of authorization that must be granted by regulatory
body before the construction of a new or existing building can legally
occur.
The zoning designation of a lot or tract to permit that development
as is specifically depicted on plans approved in the process of zoning
that lot or tract.
The duly appointed advisory board having duties and jurisdiction
in the City of Excelsior Springs as set out in Missouri Statutes and
local ordinances and which board may be referred to herein as "Planning
Commission" or "Commission."
A map representing a tract of land, showing the boundaries
and location of individual properties and streets.
A complete and exact subdivision plat, prepared for official
recording as required, to define property boundaries and proposed
streets and other improvements.
A preliminary plat for a subdivision shall be a formal plan,
drawn to scale, indicating prominent existing features of a tract
and its surroundings and the general layout of the proposed subdivision
and its relationship to the surrounding area.
A structure or facility used by a public or quasi-public
utility agency to store, distribute, generate electricity, gas, telecommunications,
and related equipment, or to pump or chemically treat water. This
does not include storage or treatment of sewage, solid waste or hazardous
waste.
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
An area designated by the City, in respect to which the city
has made a finding that there exist conditions which cause the area
to be classified as a blighted area, a conservation area, economic
development area, or a combination thereof.
Waste products resulting from human habitation or the conduct
of business or industry, except sewage.
To reclassify (a property, neighborhood, etc.) as a belonging
to a different zone or being subject to different zoning restrictions.
The land opened, reserved or dedicated for a street, highway,
walk, drainage or other purpose.
A building, or portion thereof, containing lodging rooms
which accommodate persons who are not members of the keeper's
family and where lodging rooms or meals, or both, are provided for
compensation.
A structure erected or vegetation planted as a screen designed
to conceal structures, materials and operations conducted behind it.
A person fifty-five (55) years of age or older.
The minimum required distance between the property line and
building line.
A simple enclosed structure no one lives in that is physically
detached from the primary structure and primarily used for storage.
Typically, a shed is used for storing of garden tools.
A concrete area, paralleling and usually separated from the
street, used as a pedestrian walkway.
A plan that outlines the use and development of any tract
of land.
A process where the construction of new building, new additions,
and improvements are reviewed by City Staff for approval.
The word storage, stored or store when used in this Chapter
shall mean the keeping of materials, equipment or products of the
following nature:
In Residential Districts the keeping of building materials,
industrial equipment, semi-trailer trucks, recreational vehicles and
equipment and similar items for a period of time longer than would
normally be involved in the day-to-day use or consumption of the same.
The keeping of motor vehicles, pickup trucks and similar vehicles
used for daily transportation by occupants of the premises; recreational
equipment and vehicles which are used one (1) or more times per month
for recreation purposes during the period of keeping on the premises;
and construction materials and equipment which are being used for
construction on the premises shall not be considered storage.
In commercial and industrial districts, the keeping of merchandise,
raw materials, products or equipment which are a necessary part of
the sales, manufacturing or other activity on the premises.
The part of a building included between the surface of one
(1) floor and the surface of the floor above, or if there is no floor
above, that part of the building which is between the surface of a
floor and the ceiling next above. A top story attic is a half (1/2)
story when the main line of the eaves is not above the middle of the
interior height of such story. The first story is a half (1/2) story
when between fifty percent (50%) and seventy-five percent (75%) of
the area of its exterior walls are exposed to outside light and air
entirely above grade and which exterior walls contain windows or doors
permitting the entrance of daylight and outside air. When less than
fifty percent (50%) of the area of the walls of the first story is
exposed to outside light and air entirely above grade, that story
shall be classed as a basement and in the case of multiple-family
dwellings may not be occupied as a resident by other than a caretaker
or manager.
A right-of-way which affords a primary means of access to
abutting property.
A street or road of considerable continuity which serves
or is intended to serve as a principal trafficway between separated
areas or districts and which is the main means of access to the collector
street system, highways or expressways.
Any change, other than incidental repairs, in the supporting
members of a building or structure such as bearing walls or partitions,
columns, beams, or girders.
Anything erected, the use of which requires more or less
permanent location on the ground, or attached to something having
permanent location on the ground.
The business of lending money with the pledge of personal
property as collateral, evidenced by a certificate of title issued
by the State, and regulated under Sections 367.500 - 367.533, RSMo.,
as from time to time amended.
A trailer, as defined above, and designed and normally used
for over-the-road transportation of belongings, equipment, merchandise,
livestock and other objects, but not equipped for human habitation.
A vehicle, other than a mobile home, equipped with wheels
and normally towed over the road behind a motor vehicle.
A trailer, as defined above, but carrying or having attached
thereto, a sign, billboard, lettering or other media for advertising
or announcing a business, premises or event.
A portable structure mounted on wheels or on a motorized
chassis, including converted bus, and which is normally used as sleeping
quarters and shelter while traveling but not as a dwelling.
A subordinate use which is clearly and customarily incidental
to the principal use of a building or premises, and which is located
on the same lot as the principal building or use.
Any use of a building or premises which on the effective
date of this Chapter does not, even though lawfully established, comply
with all of the applicable use regulations as set forth herein for
the Zoning District in which such building or premise is located.
Any building, structure, or use, which on the effective date
of this Chapter, complies with the applicable regulations governing
permitted uses in the Zoning District in which such building, structure,
or use is located.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, of for which it is occupied or
maintained.
A free-standing accessory building in a Commercial or Industrial
District which houses secondary or incidental equipment or functions
of the principal use. Utility buildings are subject to all of the
Zoning and Building Code provisions of the Municipal Code of the City
of Excelsior Springs.
A property or residential, commercial, industrial, or mixed-use
real property that has not been lawfully occupied and maintained,
actively marketed for rental, or under active construction for a continuous
period of forty-five (45) days or more, or, notwithstanding the foregoing,
any residential, commercial, or mixed-use property in which more than
half of the exterior windows or doors of a building are broken, boarded,
or without a functioning locking mechanism.
A variance of or relief from a specific requirement in this
Chapter as applied to a specific property as approved by the Board
of Adjustment.
When a property does not meet the regulations as governed
in the Zoning Ordinance and Regulations.
An open space on a lot which is generally unoccupied and
unobstructed from ground level to the sky, except as otherwise permitted
in this Chapter. A yard extends along a lot line to a depth or width
specified in the yard regulations for the district in which such lot
is located.
A yard across the full width of the lot and extending back
from the front line to the front line of the main building.
The portion of the yard on the same lot with the principal
building and located between the rear line of the building and the
rear lot line extending for the full width of the lot.
A yard extending along a side lot line between the front
and rear yards.
The act or process of partitioning a City, Town, or Borough
into zones reserved for different purposes.
An area or areas within the City limits for which the regulation
and requirements governing use, lot and bulk of building and premises
are uniform.
[R.O. 2012 §400.040; Ord. No. 88-5-5 §§I — III, 5-16-1988]
A.
Interpretation.
1.
In their interpretation and application, the provisions of this Chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals, and welfare of the citizen of Excelsior
Springs.
2.
Where the condition imposed by any provision of this Chapter upon
the:
a.
Use of land or buildings;
b.
The bulk of buildings;
c.
Floor area requirements;
d.
Lot area requirements; and
e.
Yard requirements are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of the
Chapter or of the adopted Building Code, any other law, ordinance,
resolution, rule, or regulation of any kind, the regulations which
are more restrictive or which impose higher standards or requirements
shall govern.
3.
This Chapter is not intended to abrogate any easement, covenant,
or other private agreement; provided, that where the regulations of
this Chapter are more restrictive or impose higher standards, such
requirements shall govern.
4.
No building, structure, or use not lawfully existing at the time
of the adopting of this Chapter, shall become or be made lawful solely
by reason of the adoption of this Chapter; and to the extent that,
and in any manner that, said unlawful building, structure or use is
in conflict with the requirements of this Chapter, said building,
structure, or use remains unlawful hereunder.
B.
Separability. It is here by declared to be the intention
of the City Council of the City of Excelsior Springs, that the several
provisions of this Chapter are separable, in accordance with the following:
1.
If any court of competent jurisdiction shall adjudge any provisions
of this Chapter to be invalid, such judgment shall not affect any
other provision of this Chapter not specifically included in said
judgment.
2.
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this Chapter to a particular property,
building, or other structure, such judgment shall not affect the application
of said provision to any other property, building, or structure not
specifically included in said judgment.
C.
Building On Lot. In a single-family residence district,
every single-family dwelling hereafter erected or structurally altered
shall be located on a lot, and there shall not be more than one (1)
principal building on one (1) lot except as may be approved in the
planned zoning process.
D.
Allowable Use Of Land Or Buildings. The following uses of
land or buildings are allowed in the districts indicated on the Zoning
District Map and under the conditions specified in this Chapter.
E.
Prohibited Use Of Land Or Buildings. No building or tract of land shall be devoted to any use other than one (1) which is specified as a Permitted Use, Accessory Use, or Special Use in Section 400.070 through 400.120 inclusive. However, where a building permit for a building or structure has regulations or where plans for a building or structure of this Chapter, a period of transition is provided. (See Section 404.070, Period of Transition.)
F.
Control Over Use. No building or premises shall hereafter
be used or occupied, and no building or structure, or part thereof,
shall be erected, moved, reconstructed, enlarged, or altered, except
in conformity with the regulations herein specified for the district
in which it is located; except that in Residence Districts a lot in
single ownership which was of record at the time of adoption of this
ordinance, even though not meeting the requirements of this Chapter
as to area and width, may be used for single-family residence purposes,
provided that such use conforms with all other applicable regulations
of this Chapter.
G.
Special Uses. To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which have characteristics which are unusual and which prevent their inclusion in the Standard Zoning Districts contained herein, a classification of Special Uses is hereby established. Procedures for Special Uses are set forth in Section 400.230.
[R.O. 2012 §400.050; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 22-07-01, 7-18-2022]
A.
Statement Of Purpose. The purpose of this Section is to provide for
the regulation of non-conforming uses, buildings, and structures.
B.
Authority To Continue Non-Conforming Buildings, Structures And Uses.
Any non-conforming building, structure, or use which existed lawfully
at the time of adoption of this Chapter and which remains non-conforming,
and any such building, structure or use which shall become non-conforming
upon the adoption of this Chapter or of any subsequent amendment thereto,
may be continued in accordance with the regulations which follow.
C.
Restrictions On Non-Conforming Buildings, Structures, And Uses Thereof.
Any lawfully existing building or structure which does not conform
to the regulations of the district in which it is located shall be
subject to the provisions of this Subsection.
1.
Repair. Ordinary repairs may be made to a non-conforming building
or structure. Ordinary repairs shall be determined by the Building
Official and shall include, among other things, the replacement of
storage tanks where the safety of operation of the installation requires
such replacement.
2.
Alterations And Enlargements.
a.
A non-conforming building or structure which is non-conforming
only as to height, yard, parking or loading regulations may be altered,
including structural alterations, or enlarged provided such alteration
or enlargement complies with the regulations and standards of this
Chapter.
b.
A non-conforming building or structure, all or substantially
all of which is designed or intended for a use not permitted in the
district where it is located shall not be added to or enlarged unless
such non-conforming building or structure and additions thereto are
made to conform with all regulations herein for the district in which
it is located.
3.
Restoration Of Damaged Non-Conforming Building. A non-conforming
building or structure which is destroyed or damaged by fire or other
casualty or act of God to the extent of not more than fifty percent
(50%) of its true current value may be restored to its original size
and occupancy. Such restoration shall be completed within twelve (12)
months of the date of damage provided any time for litigation shall
not be counted in the twelve (12) month period. Said building or structure,
if destroyed or damaged to an extent greater than fifty percent (50%)
of its true current value, shall be restored only if said building
or structure, and the use thereof, shall conform to all regulations
of the district in which it is located. True current value is defined
as the "current market value" established by the appropriate County
Assessor's Office. Estimates of the cost of destruction or damage
are subject to approval by the Chief Building Official.
4.
Discontinuance Of Use Of Non-Conforming Building Or Structure.
A building, structure, or portion thereof, all or substantially all
of which is designed or intended for a use which is not permitted
in the district in which it is located, and which is vacant on the
effective date of this Chapter or thereafter becomes vacant and remains
unoccupied, or is not used for a continuous period of one hundred
and eighty (180) days, shall not thereafter be occupied or used, except
by a use permitted in the district in which the building or structure
is located. A building or structure which is non-conforming only as
to height, yard, parking or loading requirements shall not be subject
to this provision.
5.
Expansion Of Non-Conforming Use In Non-Conforming Building Or
Structure. The non-conforming use of a part of a non-conforming building
or structure may be expanded within the building or structure in which
said use is presently located, but no structural alterations shall
be made unless such structural alterations, and the use thereof, conform
to all regulations of the district in which the building or structure
is located.
D.
Non-Conforming Use Of Conforming Buildings Or Structures. The non-conforming
use of part or all of a building or structure, all or substantially
all of which building or structure is designed or intended for a use
permitted in the district in which it is located, may be continued
subject to the following provisions:
1.
Expansion Of Non-Conforming Use. The non-conforming use of a
part of a building or structure, all or substantially all of which
building or structure is designed or intended for a use permitted
in the district in which it is located, shall not be expanded or extended
into any other portion of such building or structure, nor changed
to any other non-conforming use.
2.
Discontinuance. If a non-conforming use of a building or a structure,
all or substantially all of which building or structure is designed
or intended for a use permitted in the district in which it is located,
is discontinued for a period of one-hundred and eighty (180) days,
it shall not be renewed, and any subsequent use of the building or
structure shall conform to the use regulations of the district in
which the premises are located.
3.
Change Of A Non-Conforming Use. No non-conforming use shall
be changed to another non-conforming use when such non-conforming
use is located in a building or structure, all or substantially all
of which building or structure is designed or intended for a permitted
use.
E.
Non-Conforming Use Of Land. The non-conforming use of land not involving
a building or structure, or where any building or structure thereon
is merely incidental or accessory to the principal use of the land,
may be continued subject to the following provisions:
1.
Expansion. A non-conforming use of land shall not be expanded
or extended beyond the area it occupies.
2.
Discontinuance. If a non-conforming use of land is discontinued
for a period of one hundred and eighty (180) days it shall not thereafter
be renewed, and any subsequent use of land shall conform to the regulations
of the district in which the land is located.
3.
Elimination Of Non-Conforming Use Of Land. The non-conforming
use of land shall in certain cases be discontinued and cease in accordance
with the following:
a.
Where no buildings or structures are employed in connection
with such use, discontinued within one hundred and eighty (180) days.
b.
Where such use is maintained in connection with a conforming
building or structure, except for inadequate off-street parking facilities
may be continued for so long as the premises are so used.
c.
Where a non-conforming use of land is accessory to the non-conforming
use of a building or structure, discontinued on the same date on which
the non-conforming use of the building or structure is discontinued.
[R.O. 2012 §400.060; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §6, 4-1-1991; Ord. No. 03-12-2, 12-1-2003; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord.
No. 22-07-01, 7-18-2022; Ord. No. 23-03-01, 3-6-2023]
A.
Establishment
Of Districts. In order to carry out the purposes and provisions of
this Chapter, the City of Excelsior Springs is hereby divided into
the following districts:
District "A"
|
—
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Agriculture District.
|
District "R-1"
|
—
|
Single-Family Residential District.
|
District "R-1A"
|
—
|
Single-Family Residential Traditional District.
|
District "R-2"
|
—
|
Two-Family Residential District.
|
District "R-3"
|
—
|
Cluster, Townhouse or Garden Type Residential District.
|
District "R-4"
|
—
|
Medium Density Apartment District.
|
District "R-5"
|
—
|
High Density Apartment District.
|
District "R-CH"
|
—
|
Cottage Housing Residential District
|
District "RMP"
|
—
|
Mobile Home Park District.
|
District "C-O"
|
—
|
Non-Retail Business District.
|
District "C-1"
|
—
|
Local Business District.
|
District "C-2"
|
—
|
General Business District.
|
District "C-2A"
|
—
|
Special Business District.
|
District "C-3"
|
—
|
Service Business District.
|
District "M-1"
|
—
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Light Industrial District.
|
District "M-2"
|
—
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General Industrial District.
|
B.
Planned
Zoning Districts. Each of the districts hereinbefore set forth excepting
Districts "RMP" and "C-2A" shall have a separate and distinct counterpart
known and herein referred to as a Planned District. A Planned District
shall be for the purpose of permitting and regulating the uses heretofore
permitted in the equivalent district and further provide for and encourage
latitude and flexibility in the location of buildings, structures,
roads, drives, variations in yards and open spaces, all subsequent
to approval of the plan by local officials. The purpose is to allow
development of tracts of land to their fullest extent and at the same
time observe the general intent and spirit of these regulations.
Planned Districts shall be as follows:
District "RP-1A"
|
—
|
Planned Single-Family Residential District.
|
District "RP-2"
|
—
|
Planned Two-Family Residential District.
|
District "RP-3"
|
—
|
Planned Cluster, Townhouses or Garden Type Residential District.
|
District "RP-4"
|
—
|
Planned Medium Density Apartment District.
|
District "RP-5"
|
—
|
Planned High Density Apartment District.
|
District "CP-O"
|
—
|
Planned Non-Retail Business District.
|
District "CP-1"
|
—
|
Planned Local Business District.
|
District "CP-2"
|
—
|
Planned General Business District.
|
District "CP-3"
|
—
|
Planned Service Business District.
|
District "MP-1"
|
—
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Planned Light Industrial District.
|
District "MP-2"
|
—
|
Planned General Industrial District.
|
C.
Objectives. The zoning of Excelsior Springs to one (1) of the Planned
Districts ("RP-1" to "MP-2," inclusive) shall be for the purpose of
requiring orderly development on a quality level generally equal to
that of the equivalent Standard Zoning Districts, but permitting variations
from the normal and established development techniques. The use of
planned zoning procedures is intended to encourage large scale development
tracts, innovative and imaginative site planning, conservation of
natural resources and minimum waste of land. The following are specific
conditions and objectives of planned zoning:
1.
A proposal to rezone land to a Planned District shall be subject
to the same criteria relative to compliance with master plans, land
use policies, neighborhood compatibility, adequacy of streets and
utilities and other elements, as is normal in rezoning deliberations.
2.
The submittal by the developer and the approval by the City
of development plans represent a firm commitment by the developer
that development will indeed follow the approved plans in concept,
intensity of use, aesthetic levels and quantities of open space.
3.
Deviations in yard requirements, setbacks and relationship between
buildings are acceptable and may be approved within the limits set
out in "Standards of Development" in this Section, if it is deemed
that other amenities or conditions will be gained to the extent that
an equal or higher quality of development will result than under standard
zoning procedures.
4.
Residential areas will be planned and developed in a manner
that will produce more usable open space, better recreational opportunities,
safer and more attractive neighborhoods than under standard zoning
and development techniques.
5.
Commercial areas will be planned and developed so as to result
in attractive, viable and safe centers and clusters, as opposed to
strip patters along thoroughfares. Control of vehicular access, architectural
quality, landscaping and signs will be exercised to soften the impact
on nearby residential neighborhoods, and to assure minimum adverse
effects on the street system and other services of the community.
6.
The developer will be given latitude in using innovative techniques
in the development of land not feasible under application of standard
zoning requirements.
7.
Planned zoning shall not be used as a refuge from the requirements
of the equivalent district as to intensity of land use, amount of
open space or other established development criteria.
8.
No use will be permitted in the Planned District that is not
clearly permitted in the equivalent district.
9.
Any building or portion thereof may be owned in condominium
under appropriate Missouri Statutes.
D.
Standards Of Development In Planned Zoning Districts.
1.
The maximum height of buildings and structures shall be as set
out in the equivalent district.
2.
The intensity of land use, the floor area and bulk of buildings,
the concentration of population, the percentage of lot coverage, the
amount of open space, light and air shall be generally equal to that
required in the equivalent Zoning District.
3.
The density of residential dwelling units, the parking requirements
and the performance standards shall be the same as in the equivalent
district.
4.
The permitted uses shall be the same as those permitted in the
equivalent district, provided that limitations may be placed on the
occupancy of certain premises, if such limitation is deemed essential
to the health, safety or general welfare of the community.
5.
The Planning and Zoning Commission may, in the process of approving
preliminary and final plans, approve deviations from the minimum standards
in the equivalent district as follows:
a.
Setbacks of buildings and paved areas from a public street may
be reduced to seventy-five percent (75%) of the Chapter requirement.
b.
Setbacks of buildings and paved areas from a property line of
the project (other than a street line) may be reduced to eighty-five
percent (85%) of the Chapter requirements.
c.
Side yards between buildings may be reduced to zero.
d.
A portion of the parking area required under this Chapter may
remain unimproved until such time as the City Council deems it must
be improved to serve the demand adequately.
The foregoing deviations may be granted by the Planning and
Zoning Commission only where there is ample evidence that said deviation
will not adversely affect neighboring property, nor will it constitute
the mere granting of a privilege. Reduction of setbacks or other open
space shall be compensated by additional open space in other appropriate
portions of the project. In all cases such deviations shall be in
keeping with good land planning principles, and must be specifically
set out in the minutes of the Commission, as well as on plans and
other exhibits in the record.
|
E.
Procedures. The procedure for zoning land to a Planned District shall be as set out in Section 404.090.
F.
Conformance To Master Plan. In the consideration of a change to a
Planned Zoning District, the Planning and Zoning Commission and governing
body shall determine whether the proposal conforms to master plans,
special studies and policies normally utilized in making zoning decisions
in the City of Excelsior Springs.
G.
Map. The location and boundaries of the districts established by
this Chapter are set forth in the "Zoning District Map," which is
hereby made a part of this Chapter. The said map, together with everything
shown thereon and all amendments thereto, shall be as much a part
of this Chapter as though fully set forth and described herein. The
said map shall be filed with the Office of the City Clerk and copies
thereof in the Office of the Building Official, and shall be open
to public reference at all times during which those offices are open.
H.
Boundaries Of Districts. When uncertainty exists with respect to
the boundaries of the various districts, as shown on the Zoning District
Map, the following rules shall apply:
1.
District boundary lines are either the center lines of railroads,
or the right-of-way lines of highways, streets, alleys, tract or lot
lines, or such lines extended, unless otherwise indicated.
2.
In areas not subdivided into lots and blocks, wherever a district
is indicated as a strip adjacent to and paralleling a street, highway,
or railroad, the depth of such strips shall be in accordance with
dimensions shown on the maps measured at right angles from the property
line of the street, highway, or railroad, and the length of frontage
shall be in accordance with dimensions shown on the map from the property
lines of streets, highways or railroad right-of-way unless otherwise
indicated.
3.
Where a district boundary line divides a lot in single ownership,
the regulations for either portion of the lot may, in the owner's
discretion, extend over the entire lot, but not more than twenty-five
(25) feet beyond the mapped boundary line of the district.
I.
Exemptions. The following City-owned and operated utility uses are
permitted in any district: poles, towers, wires, cables, conduits,
vaults, laterals, pipes, mains, valves, or any other similar distribution
equipment. However, installation shall conform with applicable Federal,
State and local government rules and regulations other than zoning.
[1]
Editors' Note: All references to R-1A, R-1B and R-1C have
been changed simply to R-1 single-family, residential district throughout
this Title, per Ord. No. 94-3-5 enacted March 7, 1994.
[R.O. 2012 §400.070; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "A", 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.
Farming, dairy farming, livestock and poultry raising and all uses commonly classed as agriculture. There shall be no restriction on operation of vehicles, or machinery customarily incidental to such uses; of the sale or of marketing of products raised on the premises, provided that any building, structure or yard hereafter used or constructed for the raising, feeding or housing of livestock or poultry shall conform to Sections 210.070 through 210.130 of this Code;
2.
Churches and publicly owned and operated community buildings,
public museums, public libraries;
3.
Single-family dwellings;
4.
Fish hatcheries, apiaries, aviaries;
5.
Forests, wildlife and conservation preserves;
6.
Fur farming;
7.
Golf courses and clubhouses customarily incident thereto except
miniature golf, driving ranges and similar activities used as a business;
8.
Kennels, provided that the pens and buildings shall not be located
closer than five hundred (500) feet to a dwelling in a District "R-1"
to "R-5," inclusive;
9.
Mushroom barns and caves;
10.
Nurseries, greenhouses and truck gardens;
11.
Picnic groves;
12.
Publicly-owned parks and playgrounds, including public recreation
or service buildings within such parks, public administration buildings,
police, fire stations and City-owned and operated buildings, structures,
and substations;
13.
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 stadium and dormitories
in conjunction, if located on the campus;
14.
Railroad rights of way not including railroad yards;
15.
Riding stables and riding tracks;
16.
Accessory uses, including repair shops, sheds, garages, barns,
silos, irrigation wells and pumps, bunk houses, incidental dwellings,
buildings and structures customarily required for any of the above
uses.
B.
Height And Area Regulations. In District "A" the height of buildings, the minimum dimensions of lots and yards, the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.270, Height and Area Exceptions.)
1.
Height. Buildings or structures shall not exceed two and one-half
(2 1/2) stories or thirty-five (35) feet in height except that
on lots having a natural slope, a full three (3) stories may be exposed
above grade on the downhill side.
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 dwelling
of not less than fifteen (15) feet.
4.
Rear Yards. There shall be a rear yard the minimum depth of
which shall be fifty (50) feet.
5.
Lot Width. The minimum width of a lot shall be one hundred fifty
(150) feet provided that where a lot of record has less width than
herein required in separate ownership at the time of passage of this
Chapter, this regulation shall not prohibit the erection of a single-family
dwelling.
6.
Lot Area. Every dwelling hereafter erected, constructed, reconstructed,
moved or altered shall provide a lot area of not less than one (1)
acre (forty-three thousand five hundred sixty (43,560) square feet),
provided that where a lot of record has less area than herein required
in separate ownership of the time of the passage of this Chapter,
this regulation shall not prohibit the erection of a single-family
dwelling.
7.
Minimum Dwelling Size. Minimum size of single-family dwelling
shall be eight hundred and fifty (850) square feet of living floor
area.
C.
Subdivisions Prohibited. The subdivision of land for the purpose
of converting agricultural or other undeveloped land to residential
or business use and where the opening of new streets or roadways is
contemplated to accomplish this purpose is not permitted in District
"A."
[R.O. 2012 §400.075; Ord. No. 2011-11-06-05 §1, 6-20-2011; Ord. No. 19-02-06, 2-19-2019; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "R-1A" no building, structure, land or
premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered, except for
one (1) or more of the following uses:
1.
Dwellings, single-family;
2.
Parks and playgrounds, including recreation or service buildings
and swimming pools, which are owned or operated by a governmental
agency;
3.
Public schools, elementary and high, and the accessory uses
normally associated with such institutions of higher learning, including
stadiums and dormitories in conjunction, if located on campus;
4.
Nurseries, and truck gardens limited to the propagation and
cultivation of plants; provided, no retail or wholesale business shall
be conducted upon the premises;
5.
Churches and synagogues.
B.
Height And Area Regulations. In a District "R-1A" 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 400.270, Height and Area Exceptions.)
1.
Height. Buildings or structures shall not exceed two and one-half
(2 1/2) stories or thirty-five (35) feet in height except that
on lots having a natural slope, a full three (3) stories may be exposed
above grade on the downhill side.
2.
Front Yards. A front yard is not required so long as adjacent
lots similarly lack a front yard. In the case where adjacent lots
have front yards, the average depth of the two (2) adjacent lots shall
be used to set the minimum yard requirement.
3.
Side Yards. There shall be a side yard on each side of the dwelling,
the minimum depth of which shall not be less than three (3) feet.
Dwellings on corner lots may have this requirement waived on the street
side.
4.
Rear Yards. The depth of the rear yard shall be at least ten
(10) feet except where there exists an improved alley or street in
which case the rear yard requirement may be waived.
5.
Lot Area Per Family. Every dwelling hereafter erected shall
provide a lot area of not less than two thousand five hundred (2,500)
square feet per family, 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, only a single-family
dwelling may be constructed and the minimum lot area, necessary to
support an approved onsite sewage treatment system therefore shall
be determined by the respective County Health department.
6.
Lot Width. The width of a lot, measured at the front building
line, shall not be less than forty (40) 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 single-family dwelling.
7.
Floor Area. No single-family dwelling shall be constructed,
reconstructed, altered or moved unless it contains a total floor area,
finished for living purposes, of not less than one thousand one hundred
(1,100) square feet.
8.
Parking Regulations. Two (2) off-street parking spaces shall be provided for each single-family dwelling, at least one (1) of which shall be enclosed. (See Section 400.280 for additional parking requirements.)
9.
Infill Or Previously Approved Housing. Notwithstanding any of the requirements of Subsections (5), (7) and (8) of this Subsection (B), in infill development areas where the surrounding area is generally developed and the site is either vacant, has previously been used for another purpose, or where a single-family residence has previously been constructed, any principal residential structure may be designed and constructed or reconstructed to face the street that any existing, immediately adjoining principal structure faces, and may have a lot area and floor area not less than: (i) the average of the principal residential structures on both sides of the street between two (2) intersecting streets (excluding reverse corner lots); or (ii) the lot area and floor area of any residential structure previously constructed on the site in conformance with lot area and floor area requirements at the time of construction. Parking shall be in conformity with the adjacent single-family residences facing the same street, or shall be the same parking provided with the residential structure previously constructed on the site in conformance with the parking requirements at the time of construction. The scale, placement on the site, and street setback must conform to the scale, placement and setback of adjacent structures. Styles of architecture must insure that exterior design, materials, and color are in harmony with neighboring structures.
[R.O. 2012 §400.080; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 92-9-8, 9-21-1992; Ord. No. 94-3-5 §§I
— II, 3-7-1994; Ord. No. 96-3-2, 3-18-1996; Ord. No. 19-02-06, 2-19-2019; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "R-1" 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, single-family;
2.
Parks and playgrounds, including recreation or service buildings
and swimming pools, which are owned or operated by a governmental
agency;
3.
Public schools, elementary and high, and the accessory uses
normally associated with such institutions; 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, if located on campus;
4.
Golf courses and clubhouses appurtenant thereto, (except miniature
golf courses, driving ranges and other similar activities operated
as a business);
5.
Railroad rights of way, not including railroad yards;
6.
Agriculture on a tract of ground of five (5) acres or greater
in size provided no feed lot, pens or concentration of livestock or
poultry shall be located closer than five hundred (500) feet to a
dwelling;
7.
Nurseries, and truck gardens limited to the propagation and
cultivation of plants; provided, no retail or wholesale business shall
be conducted upon the premises;
8.
Churches and synagogues.
B.
Height And Area Regulations. In a District "R-1" 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 400.270, Height and Area Exceptions.)
1.
Height. Buildings or structures shall not exceed two and one-half
(2 1/2) stories or thirty-five (35) feet in height except that
on lots having a natural slope, a full three (3) stories may be exposed
above grade on the downhill side.
2.
Front Yards. Any dwelling hereafter constructed shall provide
for a front yard, the minimum depth of which shall be twenty-five
(25) feet.
3.
Side Yards. There shall be a side yard on each side of the dwelling,
the minimum depth of which shall be not less than seven (7) feet.
Dwellings on corner lots shall provide a side yard on the street side
of not less than twenty-five (25) feet.
4.
Rear Yards. The depth of the rear yard shall be at least twenty-five
(25) feet.
5.
Lot Area Per Family. Every dwelling hereafter erected, moved,
or altered shall provide a lot area of not less than seven thousand
five hundred (7,500) square feet per family, provided that where a
lot has less area than herein required in separate ownership at the
time of the passage of this Chapter pursuant to Ordinance No. 88-5-5
adopted May 16, 1998, this regulation shall not prohibit the erection
of a single-family dwelling. In order to carry out this provision
for use of lots having less than seven thousand five hundred (7,500)
square feet, corresponding reductions in yards, floor area or parking
may be required, and are hereby authorized, only to the minimum extent
necessary.
6.
Lot Width. The width of a lot, measured at the front building
line, shall not be less than 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 single-family dwelling.
7.
Floor Area. No single-family dwelling shall be constructed,
reconstructed, altered or moved unless it contains a total floor area,
finished for living purposes, of not less than one thousand one hundred
(1,100) square feet.
8.
Parking Regulations. Three (3) off-street parking spaces shall be provided for each single-family dwelling, at least one (1) of which shall be enclosed. (See Section 400.280 for additional parking requirements.)
9.
Height And Area Standard Exceptions. The City Council may, in
the process of approving preliminary and final plats, approve one
(1) or more deviations from the standard requirements as follows:
a.
Setbacks of buildings and paved areas from a public street may
be reduced by ten percent (10%) of the standard requirement.
b.
Side and rear yards between buildings may be reduced by ten
percent (10%) when the City Council has been assured that adequate
open space for the project and between buildings has been established.
c.
Setbacks of buildings and paved areas from a freeway right-of-way
may be reduced by ten percent (10%).
d.
Lot area and lot width may be reduced by ten percent (10%) of
the standard requirement. Any common open space resulting from the
variance of such density standard shall be set aside for the use and
benefit of the occupants of such development.
e.
Compensating open space shall include conservation areas, combination
sidewalk/bikeways, decorative street lighting, monumentation, landscaping,
perimeter buffers, and/or the granting of additional rights-of-way.
f.
The foregoing deviations (B)(9)(a) through (d) may be granted
by the City Council only when compensating open space is provided
elsewhere in the project, where there is ample evidence that said
deviation will not adversely affect neighboring property, nor will
it constitute the mere granting of a privilege.
10.
Infill Or Previously Approved Housing. Notwithstanding any of the requirements of Subsections (5), (7) and (8) of this Subsection (B), in areas where the surrounding area is generally developed and the site is either vacant or has previously been used for another purpose, any principal residential structure may be designed and constructed or reconstructed to face the street that any existing, immediately adjoining principal structure faces, and may have a lot area and floor area not less than: (i) the average of the principal residential structures on both sides of the street between two (2) intersecting streets (excluding reverse corner lots); or (ii) the lot area and floor area of any residential structure previously constructed on the site in conformance with lot area and floor area requirements at the time of construction. Parking shall be in conformity with the adjacent single-family residences facing the same street, or shall be the same parking provided with the residential structure previously constructed on the site in conformance with the parking requirements at the time of construction. The scale, placement on the site, and street setback must conform to the scale, placement and setback of adjacent structures. Styles of architecture must insure that exterior design, materials, and color are in harmony with neighboring structures.
[Repealed by Ord. No. 94-3-5 §III, 3-7-1994]
[Repealed by Ord. No. 94-3-5 §III, 3-7-1994]
[R.O. 2012 §400.110; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 94-3-5 §§IV —
V, 3-7-1994; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "R-2" 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:
B.
Height And Area Regulations. In District "R-2" 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 the single-family dwellings in this district shall comply with the height and area regulations of District "R-1". (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed two and one-half
(2 1/2) stories or thirty-five (35) feet in height except that
on lots having a natural slope, a full three (3) stories may be exposed
above grade on the downhill side.
2.
Front Yards. Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be thirty (30)
feet.
3.
Side Yards. There shall be a side yard on each side of the dwelling.
The minimum depth of which shall not be less than seven (7) feet.
Buildings on corner lots shall provide a side yard on the street side
of not less than thirty (30) feet.
4.
Rear Yard. The depth of the rear yard shall be at least twenty-five
(25) feet.
5.
Lot Area Per Family. Every dwelling hereafter erected, moved,
or altered shall provide a lot area of not less than ten thousand
eight hundred (10,800) square feet per family for each single-family
dwelling, or five thousand four hundred (5,400) 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 single-family dwelling.
6.
Lot Width. The width of the lot shall be at least ninety (90)
feet except that two-family dwellings which otherwise comply with
the Codes and ordinances of the City of Excelsior Springs may be divided
at the party wall as to ownership and owned as separate dwelling units
by separate owners and such ownership shall not constitute violations
of the lot and yard requirements of this Chapter.
7.
Parking Regulations. Three (3) off-street parking spaces shall be provided for each family dwelling unit, at least one and one-half (1 1/2) of which shall be enclosed. (See Section 400.280 for additional parking requirements.)
8.
Height And Area Standards. The City Council may, in the process
of approving preliminary and final plans, approve one (1) or more
deviations from the standard requirements as follows:
a.
Setbacks of buildings and paved areas from a public street may
be reduced by ten percent (10%) of the standard requirement.
b.
Side and rear yards between buildings may be reduced by ten
percent (10%) when the City Council has been assured that adequate
open space for the project and between buildings has been established.
c.
Setbacks of buildings and paved areas from a freeway right-of-way
may be reduced by ten percent (10%).
d.
Lot area and lot width may be reduced by ten percent (10%) of
the standard requirement. Any common open space resulting from the
variance of such density standard shall be set aside for the use and
benefit of the occupants of such development.
e.
Compensating open space shall include conservation areas, combination
sidewalk/bikeways, decorative street lighting, monumentation, landscaping,
perimeter buffers, and/or the granting of additional rights-of-way.
f.
The foregoing deviations (a) through (d) may be granted by the
City Council only when compensating open space is provided elsewhere
in the project, where there is ample evidence that said deviation
will not adversely affect neighboring property, nor will it constitute
the mere granting of a privilege.
[1]
Cross Reference — As to area, yard and building requirements,
see App. A of this Chapter.
[R.O. 2012 §400.120; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §12, 4-1-1991; Ord. No. 94-3-5 §VI, 3-7-1994; Ord.
No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "R-3" 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 following uses:
B.
Height And Area Regulations. In District "R-3" the height of buildings, the minimum dimensions of lots and yards, the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed three (3) stories
or thirty-five (35) feet in height plus a basement.
2.
Front Yards. Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be thirty (30)
feet.
3.
Side And Rear Yards. No building shall be located closer than
fifteen (15) feet to a project property line, other than a street
line. No side yard shall be less than seven (7) feet.
4.
Lot Area Per Family. Every dwelling hereafter erected, moved,
or altered shall provide a lot area of not less than six thousand
(6,000) square feet or three thousand (3,000) square feet per family.
[1]
Cross Reference — As to area, yard and building requirements,
see App. A of this Chapter.
[R.O. 2012 §400.130; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §13, 4-1-1991; Ord. No. 94-3-5 §VI, 3-7-1994; Ord.
No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In a District "R-4," no building, structure, land
or premises shall be used and no structure shall be hereafter erected,
constructed, reconstructed or altered.
B.
Height And Area Regulations. In District "R-4," the height of buildings, the minimum dimension of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed three (3) stories
or thirty-five (35) feet in height plus a basement.
2.
Front Yard. Any building hereafter constructed shall provide
for a front yard the minimum depth of which shall be at least thirty
(30) feet.
3.
Side Yard. There shall be a side yard on each side of the building
equal to the height of the building wall adjacent to said yard except
that in no case shall the side yard be less than fifteen (15) feet.
4.
Rear Yard. The depth of the rear yard shall not be less than
thirty (30) feet.
5.
Lot Area Per Family. Every medium-density apartment house and
every senior adult dwelling hereafter constructed shall provide a
lot area per unit of not less than the following:
4 Bedroom Unit — 2,000 square feet;
3 Bedroom Unit — 1,700 square feet;
2 Bedroom Unit — 1,400 square feet;
1 Bedroom Unit — 1,100 square feet.
[1]
Cross Reference — As to area, yard and building requirements,
see App. A of this Chapter.
[R.O. 2012 §400.140; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §14, 4-1-1991; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "R-5," no building, 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.
Medium-density apartment building under the regulations of District
"R-4."
B.
Height And Area Regulations. In District "R-5," 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 400.270.)
1.
Height. No maximum or minimum height is required except as governed
by yard requirements provided that all buildings exceeding two and
one-half (2 1/2) stories shall have elevators.
2.
Front Yard. Any building hereafter constructed shall provide
for a front yard the minimum depth of which shall be thirty (30) feet
plus three (3) feet for each story in excess of four (4).
3.
Side Yards. There shall be a side yard on each side of a building
equal to fifteen (15) feet plus two (2) feet for each story greater
than three (3).
4.
Rear Yard. The depth of the rear yard shall be at least thirty
(30) feet for buildings up to four (4) stories and at least the height
of the building for buildings in excess of four (4) stories.
5.
Lot Acre Per Family. Every high-density apartment house hereafter
constructed shall provide a lot area of not less than one thousand
(1,000) square feet per dwelling unit.
[1]
Cross Reference — As to area, yard and building requirements,
see App. A of this Chapter.
[Ord. No. 23-03-01, 3-6-2023]
A.
Permitted
Uses. In District “R-CH” 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 following uses:
1.
Cottage Housing Style Development.
B.
Height And Area Regulations. In District "R-CH" the height of buildings, the minimum dimensions of lots and yards, the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section 400.270).
1.
Height. Buildings of structures shall not exceed two (2) stories in height plus a basement as defined in Section 400.030. A pitched roof not exceeding twelve feet by twelve feet (12' x 12').
2.
Floor Area. The minimum gross habitable floor area for any individual
cottage unit shall be seven hundred fifty (750) square feet per unit.
The maximum gross habitable floor area for any individual cottage
unit shall be one thousand (1,000) square feet. A deed restriction
shall be placed on the property notifying future property owners of
the floor area requirements.
3.
Front Yards. Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be thirty (30)
feet to a public street.
4.
Side And Rear Yards. No building shall be located closer than
fifteen (15) feet to a project property line, other than a street
line. No side yard shall be less than seven (7) feet.
5.
Building Separation. A cottage development may include two-unit
attached, as well as detached, cottages. With the exception of attached
units, a minimum separation of seven (7) feet measured from the nearest
point of the exterior walls is required between cottage housing units.
Accessory buildings shall comply with building code requirements for
separation from non-residential structures.
6.
Lot Area Per Family. The maximum cottage density shall be one
(1) cottage dwelling unit per twenty-five hundred (2,500) square feet
of lot area. The minimum number of cottages per cottage housing development
is three (3), and the maximum number of cottages per cottage housing
development is twelve (12). The minimum lot size (accommodates minimum
number of cottages) is seventy-five hundred (7,500) square feet.
C.
Access, Circulation And Parking. Notwithstanding the provisions of Section 400.280, cottage housing developments are subject to the following requirements:
1.
Public Street Dedications. Except for those street connections
identified in the Major Street Plan of the Comprehensive Plan and
for those existing public streets currently terminated at the development
boundary, the interior roadway system to a cottage housing development
may not be dedicated public streets upon finding that the development
meets connectivity and block length standards by providing public
access for vehicles and pedestrians.
2.
Driveways And Parking Areas. Driveways and parking areas shall meet the minimum design standards of Section 400.280, including landscaping requirements. Parking shall be consolidated to minimize the number of parking areas, and shall be located on the cottage housing development property. Off-street parking can be located within an accessory structure. Single-car garages or carports may be attached to individual cottages.
D.
Open Space. Open space shall meet all the following standards:
1.
A minimum of twenty percent (20%) of the total development area
is required as open space.
2.
Open space(s) shall have no dimension that is less than twenty
(20) feet unless otherwise granted an exception through the Planned
Zoning process. Connections between separated open spaces, not meeting
this dimensional requirement, shall not contribute toward meeting
the minimum open space area.
3.
Open space(s) shall consist of a central space, or series of
interconnected spaces.
4.
Physically constrained areas such as wetlands or steep slopes
shall not be counted toward the open space requirement.
5.
At least fifty percent (50%) of the cottage units shall abut
an open space.
6.
Parking areas and driveways do not qualify as open space.
7.
The open space(s) shall be distinguished from private outdoor
areas with a walkway, fencing, landscaping, berm, or similar method
to provide a visual boundary around the perimeter of the open space
area.
8.
A landscape plan detailing the proposed landscape, berm and
fencing treatment of the open space(s) shall be submitted as part
of the Planned Development. The landscape plan shall provide consistency
in terms of plant and tree type throughout the development and provide
tree and shrubbery coverage of at least five percent (5%) of the open
space area, including landscape buffers.
E.
Common Buildings.
1.
Common Buildings. Up to twenty-five percent (25%) of the required
common open space, but no greater than one thousand five hundred (1,500)
square feet, may be utilized as a community building for the sole
use of the cottage housing residents. Common buildings shall not be
attached to cottages.
2.
Carports And Garage Structures. Consolidated carports or garage
structures are not subject to the area limitations for common buildings.
3.
Accessory Dwelling Units. Accessory dwelling units are not permitted
in cottage housing developments.
[R.O. 2012 §400.150; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 22-07-01, 7-18-2022]
A.
Where Permitted.
2.
A mobile home may be permitted elsewhere in the City by the
City Council for the purpose of providing temporary housing following
a disaster, such as fire, windstorm or flood provided such mobile
home is removed from its location within six (6) months of its original
placement.
3.
One (1) or more mobile homes may be used as a temporary office,
bank or other non-residential structure on the site of a construction
project, upon issuance of a temporary building permit, provided such
structure is removed upon completion of the project.
B.
Minimum Standards For Mobile Home Parks. No mobile home park shall
have a site smaller than five (5) acres. The density for mobile parks
shall be not more than five (5) mobile homes per acre.
C.
Stands And Skirts. Each mobile home space shall contain a Portland
cement or asphaltic concrete stand upon which the mobile home will
be situated, and each home shall be equipped with skirts on all sides,
such skirts to be of material harmonious to the mobile home structure
and installed within ten (10) days of home placement.
D.
Anchoring.
1.
All mobile homes hereafter installed within the City shall be
anchored to the ground in compliance with all applicable building
codes, and at minimum with anchors attached both to the frame and
with straps extending over the top and completely surrounding sides
and roof.
2.
Tiedown designs shall be approved by the Building Official prior
to installation. In addition, test data giving certified results of
pull tests in soils representative of the locality in which the anchors
are to be used shall be submitted to the Chief Building Official.
E.
Shelters. Each mobile home park shall provide sufficient and adequate
shelter from natural disasters. Shelters shall be placed at such intervals
within the mobile home park to ensure maximum safety for residents
during the times of natural disasters. Design and location of said
shelter shall be determined at the time of final plan approval, but
in no case shall the construction of the initial phase of a mobile
home park be allowed to proceed without the concurrent construction
of appropriate shelters. Final Certificate of Occupancy for the shelters
must be issued prior to the issuance of building permits for mobile
home installation.
F.
Streets And Drives. All streets within a mobile home park shall be public streets as defined in Chapter 406 Subdivision Regulations and shall be designed and constructed to the minimum standards for public streets.
G.
Parking. At least two (2) parking spaces for each mobile home shall
be provided within sixty (60) feet of the mobile home. Such parking
spaces shall be off the public street or private drive, and each shall
be not less than nine (9) feet by twenty (20) feet in size, and shall
be constructed to minimum private driveway standards.
H.
Park And Playground Space. Park and playground space shall be provided
for occupants of the mobile home park on the basis of three hundred
(300) square feet for each space in the park. Such playground space
shall be separate and in addition to the open space required for each
mobile home space, and shall be equipped and maintained for the use
of the residents of the park.
I.
Open Space. Each mobile home shall be located on the mobile home
space so that no part of one (1) mobile home structure, including
canopies, awnings, carports and other protrusions, is closer than
twelve (12) feet to another mobile home, or to the edge of the surface
of a drive. No mobile home shall be located closer than thirty (30)
feet to the boundary line of the mobile home park or to a public street.
Each mobile home space shall be landscaped with not less than two
(2) live shade trees of two (2) to two and one-half (2 1/2) inch
caliper.
J.
Utilities. All wastewater shall be disposed of through the public
sanitary sewer system and treatment facility, the plans of which shall
be approved by the City Engineer prior to construction. All solid
wastes shall be disposed of by accumulation in tight containers, and
removed at regular intervals. All power and telephone lines shall
be underground, and shall be in compliance with standards of the utility
corporation involved.
K.
Zoning Procedure. The zoning of land to District "RMP" shall be in accordance with the procedures of Planned Zoning set out in Section 400.060 and Section 404.090. The decision of the Commission to recommend approval or denial of the proposed mobile home park shall be based upon the following criteria:
1.
The proposed property will be in harmony, in general with the
comprehensive plan of the City of Excelsior Springs.
2.
Two (2) or more routes of safe and efficient ingress and egress
of vehicular and pedestrian traffic and an adequate level of utility
and other services are assured.
3.
A safe and healthful living environment will exist for the occupants
of the park.
4.
The plans for the park will not be adversely affected to an
unreasonable extent.
[1]
Cross Reference — As to area, yard and building requirements,
see App. A of this Chapter.
[R.O. 2012 §400.160; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 90-7-11, 7-24-1990; Ord. No. 92-9-4, 10-5-1992; Ord. No. 92-10-2, 10-19-1992; Ord. No. 94-3-5 §VII, 3-7-1994; Ord. No. 99-9-3, 9-7-1999; Ord. No.
02-1-9, 1-22-2002; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "C-O," no building, structure, or 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.
Office buildings to be used only for the administrative functions
of companies, corporations, social or philanthropic organizations
or societies.
3.
Mortuaries.
4.
(Reserved)
5.
Churches and synagogues.
6.
Residential Uses. Residential uses shall be allowed subject
to the following conditions:
a.
Residential units may be developed either in a free-standing
building or as a part of a building that contains other permitted
uses in the district.
b.
Every dwelling unit shall provide a lot area of not less than
five thousand (5,000) square feet per family.
c.
When a residential unit is located in a building which also
contains permitted non-residential uses, all applicable codes shall
apply, including but not limited to provisions for separate access
and construction standards.
d.
Adequate trash enclosures shall be provided and these areas
shall be screened and protected.
B.
Performance Standards. The following standards shall not be exceeded
in this district:
1.
No retail or wholesale sales shall be permitted where products
or samples are involved on the premises or where contact with the
customer takes place except that eyeglasses may be sold in connection
with the practice of an optometrist; prescription medicines, drugs,
pharmaceuticals and orthopedic devices may be sold in connection with
the practice of medicine and caskets may be sold in connection with
mortuaries.
2.
No direct exterior entrance to a pharmacy or sales room for
eyeglasses shall be allowed.
3.
No commercial or industrial equipment shall be kept on the premises
outside of a building.
4.
Sales of or otherwise handling of insurance, stocks and bonds,
real estate and similar services are permitted on the premises with
unlimited contact with the customer.
C.
Height And Area Regulations. In District "C-O", 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 residential uses in this district shall be subject to those regulations in the district in which the specific residential use is enumerated. (For exceptions see Section 400.270.)
1.
Height. No building or structure shall exceed three (3) stories
or thirty-five (35) feet in height except that in a District "CP-O"
no building or structure shall exceed one hundred forty-four (144)
feet in height.
2.
Front Yard. A front yard of not less than thirty (30) feet shall
be provided.
3.
Side Yard. There shall be a side yard on each side of the building
equal to the height of the building wall adjacent to said yard except
that no case shall the side yard be less than fifteen (15) feet.
4.
Rear Yard. The depth of the rear yard shall be at least thirty
(30) feet.
D.
Parking Regulations.
1.
Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. A minimum of four (4) off-street parking spaces shall be provided on the premises in the side or rear yard for each one thousand (1,000) square feet of floor area and shall be allowed in the front yard for churches. (See Section 400.280 for additional parking requirements.)
2.
All new or substantially rehabilitated dwelling units shall
provide designated off-street parking space on a basis of one (1)
space per dwelling unit. These spaces shall be designated and may
be located within two hundred (200) feet of the property where the
dwelling units are located. Designated off-street parking spaces may
be on any property which is under the control of the owner of the
dwelling units, and may also be on property which is held in common
with other owners, as long as the spaces are not available for other
uses, such as a church parking lot. The spaces shall be marked and
identified as to the dwelling unit to which they are assigned.
E.
Conversion Of Buildings. No building that was designed and constructed
as a residential building shall be converted for use as an office
building or other business purpose unless the following conditions
are met:
1.
Setbacks comply with those required in this district.
2.
All off-street parking required by this Chapter or by the proposed
use of the premises can be accommodated in the side or rear yard and
have access and dimensions to permit the full and safe use thereof.
3.
The building is made to comply with all building and other Code
requirements.
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[R.O. 2012 §400.170; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 02-1-9, 1-22-2002; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "C-1" 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.
Any use permitted in District "C-O";
2.
Shops and stores for sale at retail of such goods as foods and
beverages for human consumption; furniture and appliances; printed
materials; notions; hardware and paint; kitchenware; toys and sporting
goods; jewelry, gifts and novelties; flowers, tobacco products, photographic
equipment, antiques, artists and hobby supplies; music supplies and
medical supplies; bicycles; electronic equipment;
3.
Services such as business offices, banks and savings and loan
associations, insurance, barber and beauty shops, schools, optical
shops, seamstress and tailoring, dry cleaning and laundry stores including
coin-operated, eating establishments, interior decorator, photographer,
shoe repairs, small animal hospitals, day care.
B.
Performance Standards. The following standards shall not be exceeded
by any use in this district:
1.
No wholesale sales shall be conducted.
2.
No merchandise or equipment shall be stored or displayed outside
a building.
3.
All products shall be sold and all services rendered inside
a building except that banks and savings and loan establishments may
have drive-through and walk-up service.
4.
No noise, smoke, radiation, vibration or concussion, heat or
glare shall be produced that is perceptible outside a building and
not dust, fly ash or gas that is toxic, caustic or obviously injurious
to humans or property shall be produced.
5.
Alcoholic beverages shall not be sold for consumption on the
premises.
C.
Height And Area Regulations. In District "C-1," 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 three (3) stories
or thirty-five (35) feet in height.
2.
Side Yards. For one (1) and two (2) story buildings no side
yard is required except that where a side line of a lot in this district
abuts the side line of a lot in District "R-1" to "C-O" inclusive,
a side yard shall then be provided the same as required in the district
it abuts. A side yard of fifteen (15) feet shall also be provided
on the street side of a corner lot.
3.
Rear Yard. No rear yard is required except that where a rear
line of a lot in this district abuts upon land in a District "R-1"
to "C-O" inclusive a rear yard of not less than twenty-five (25) feet
shall then be provided in this district.
D.
Parking Regulations. Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. A minimum of four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area. (See Section 400.280 for additional parking requirements.)
E.
Conversion Of Buildings. No building that was designed and constructed
as a residential building shall be converted for use as an office
building or other business purpose unless the following conditions
are met:
1.
Setbacks comply with those required in this district;
2.
All off-street parking required by this Chapter or by the proposed
use of the premises can be accommodated in the side or rear yard and
have access and dimensions to permit the full and safe use thereof;
3.
The building is made to comply with all building and other code
requirements;
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[R.O. 2012 §400.180; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 99-9-3, 9-7-1999; Ord. No. 02-1-9, 1-22-2002; Ord. No. 12-03-02, 3-5-2012; Ord. No. 19-01-03, 1-7-2019; Ord. No. 19-05-03, 5-20-2019; Ord. No. 19-08-01, 8-2-2019; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "C-2," no building, structure, land 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.
Any use permitted in District "C-1";
2.
Shops and stores for the sale at retail or wholesale of department
store merchandise, furniture and appliances, new motor vehicles and
trucks, used car lots, motor vehicle supplies, motorcycles, petroleum
products (bulk plants not permitted), newspapers, pets, books, stationery,
handcraft, office and hotel supplies;
3.
Services such as assembly and meeting halls, clubs, hotels and
motels, motor vehicle repair in connection with new auto sales, dry
cleaning and laundries, appliance and small equipment repair, printing
and publishing, custom maintenance, on-site handcrafting, health spa,
delivery services, radio and television broadcasting studios, public
or private entertainment and recreation, places where alcoholic beverages
are served;
B.
Performance Standards.
1.
Drive-through or drive-in services may be provided, except where
alcoholic beverages in any form are served, dispensed or otherwise
change hands;
2.
No noise, smoke, radiation, vibration or concussion, heat or
glare shall be produced that is perceptible outside a building and
not dust, fly ash or gas that is toxic, caustic or obviously injurious
to humans or property shall be produced;
3.
Motor vehicles and trucks for sale may be stored or displayed
outside a building but not within five (5) feet of a street line.
Other merchandise which may appropriately be displayed or stored outside
a building shall be kept off the public sidewalks and streets, and
shall not reduce the capacity of a parking lot below that required
by this Chapter.
C.
Height And Area Regulations. In District "C-2," the height of buildings and the minimum dimensions of lots and yards shall be as follows: (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed three (3) stories
or thirty-five (35) feet in height, except that in a District "CP-2"
buildings and structures shall not exceed twelve (12) stories in height.
2.
Front Yards. No front yard is required.
3.
Side Yards. No side yard is required except that where a side
line of a lot in this district abuts the side line of a lot in District
"R-1" or "C-O" inclusive, a side yard shall then be provided the same
as required in the district it abuts.
4.
Rear Yards. No rear yard is required except that where a rear
line of a lot in this district abuts upon land in a District "R-1"
to "C-O" inclusive, a rear yard of not less than twenty-five (25)
feet shall then be provided in this district.
D.
Parking Regulations. No off-street parking is required in the Central Business District, as defined in Section 400.280(H). Outside the Central Business District, each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. A minimum of four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area. (See Section 400.280 for additional parking requirements.)
E.
Conversion Of Buildings. No building that was designed and constructed
as a single-family, two-family or multi-family dwelling shall be converted
to or hereafter used for non-residential purposes enumerated in this
district except that hotels may be used for non-residential uses.
F.
Mixed Residential and Non-Residential Use. Other provisions of this
Chapter notwithstanding, residential use of parts of buildings housing
commercial uses within the Central Business District are approved
if each of the following standards are met.
1.
Each residential unit shall conform to building and other applicable
codes and shall be afforded adequate natural light, ventilation, access,
security, hazard detection for non-residential spaces in the same
structure, and proper means of fire escape. Each residential unit
shall have a minimum of seven hundred fifty (750) square feet of usable
living area, with its own kitchen and bath facilities, and an additional
two hundred fifty (250) square feet of usable living area per occupant
for each occupant in excess of three (3). Unit occupancy in conjunction
with common kitchen or bath facilities for units shall not be authorized
hereunder.
2.
Architectural character and physical integrity of historically
significant structures, including structures within or adjacent to
designated historic districts, shall be protected in renovation, conversion
and mixed use of building spaces.
3.
Not more than fifty percent (50%) of the ground floor spaces
may be used for residential purposes in buildings with mixed residential
and non-residential uses approved hereunder, provided that ground
floor space fronting the streetside shall only be used for permitted
non-residential uses.
4.
Residential use shall not be allowed unless the ground floor
space(s) meet(s) one (1) of the following conditions:
a.
Currently occupied by an operating business with a current City
business license; or
b.
If vacant, ground floor space shall be improved, at minimum,
to white box standard and satisfying all current City building codes,
standards, and regulations. "White box" condition is defined to mean
improvements made to a building resulting in a minimally finished
interior, to include demising walls, ceilings, lighting, plumbing,
heating and cooling (HVAC), interior walls (painted or unpainted),
electrical outlets, restrooms, and floor. A white shell is considered
ready to lease and ready for tenant improvements.
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[R.O. 2012 §400.190; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 22-07-01, 7-18-2022]
A.
Intent. This Zoning District is for the purposes of allowing the
renovation or conversion of buildings, or the construction of new
buildings, for occupancy by retail or service activities which cater
primarily to the travelling public, tourists, families on vacation
or local persons who have a need for a product or service not generally
available in the usual business district. It is further intended that
such special retail sales and services will utilize, for the most
part, existing residential buildings or buildings of a scale similar
to prevailing homes in the area and that such businesses will be oriented
to the pedestrians in the street as opposed to highly competitive
markets drawing from a large trade area. Mixed residential and business
uses are permitted in the same building and structures built as dwellings
may be converted to business uses provided suitable architectural
character exists, the structure is sound and the conversion will retain
desirable and historically significant features of the building. The
section of the City in which this district may be utilized is shown
on the map which is on file in the City Manager's office.
B.
Permitted Uses. In District "C-2A" 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) of the following uses:
Accounting and Bookkeeping Services.
|
Advertising Services.
|
Alteration, Pressing and Garment Repair Services.
|
Amusement Parks.
|
Antiques, Coins and Collectibles.
|
Apparel and Accessories Retail.
|
Architecture, Engineering and Planning.
|
Art Galleries.
|
Artists, Painters, Sculptors.
|
Bakeries — Retail.
|
Banks.
|
Barber Services.
|
Beauty Services.
|
Bed and Breakfast.
|
Blueprinting and Photocopying Services.
|
Boarding and Rooming Houses.
|
Books — Retail.
|
Business and Management Consulting.
|
Business Offices.
|
Bowling Alley.
|
Candy, Nut and Confectionery Retail.
|
China, Glassware and Metalware — Retail.
|
Chiropractors, Optometrists and Other Similar Health Services.
|
Clock, Watch and Jewelry Repair Services.
|
Commodity and Security Brokers.
|
Consulting Services.
|
Dairy Products — Retail.
|
Day Care Centers.
|
Dental Services.
|
Department Stores — Retail.
|
Drug and Proprietary — Retail.
|
Dry Cleaning and Laundering.
|
Duplicating.
|
Dwelling — Single-Family.
|
Dwelling — Two-Family.
|
Dwelling — Multi-Family.
|
Educational and Scientific Research.
|
Electrical Supplies — Retail.
|
Employment Services.
|
Florists — Retail.
|
Fraternal, Civic and Social Associations.
|
Furniture — Retail.
|
Furs — Retail Association.
|
General Stores — Retail.
|
Gifts, Novelties and Souvenir — Retail.
|
Glass and Glassware.
|
Greenhouses.
|
Health and Exercise Spas.
|
Health Resorts.
|
Hearing Aids.
|
Hobby Supplies — Retail.
|
Holding and Investment Services.
|
Hotels, Tourists, Courts and Motels.
|
Insurance Agents and Brokers Services.
|
Jewelry — Retail.
|
Legal Services.
|
Libraries.
|
Liquor — Packaged.
|
Magazines and Newspapers — Retail.
|
Medical Clinics, Patient Services.
|
Medical Instruments and Supply.
|
Miniature Golf.
|
Motor Vehicle Parking.
|
Music Supplies.
|
Optical Goods.
|
Pattern Shop.
|
Photo Shops.
|
Postal Services.
|
Private Clubs.
|
Professional Offices.
|
Radios, Televisions, Phonographs, Recorders and Tape Players.
|
Real Estate Sales.
|
Residential Hotels.
|
Restaurants.
|
Riding Stables.
|
Savings and Loan Associations.
|
School — Art.
|
School — Computers.
|
School — Dancing.
|
School — Music.
|
Shoe Repair.
|
Shoes — Retail.
|
Sporting Goods — Retail.
|
Stationery — Retail.
|
Tailoring — Custom.
|
Tennis Clubs.
|
Theaters — Legitimate.
|
Theaters, Motion Picture, Indoor.
|
Travel Agents.
|
Upholstery, Draperies and Curtains — Retail.
|
Video Games.
|
C.
Height And Area Regulation. In District "C-2A", the height of buildings, the minimum dimensions of lots and yards, and the minimum lot per family permitted on any lot shall be as follows: (For exceptions see Section 400.270.)
1.
Height. Maximum height shall be thirty-five (35) feet.
2.
Yard Regulations.
a.
Minimum front yard is fifteen (15) feet.
b.
Minimum side yard is seven (7) feet except that a building may
have a side yard less than seven (7) feet but not less than three
(3) feet upon written approval of the Chief of the Fire Department.
c.
Minimum rear yard — None required except that twenty (20)
feet shall be provided where no alley exists and the rear line abuts
property occupied as a residence.
3.
Minimum Lot Area. None.
4.
Minimum Lot Width. Thirty-five (35) feet.
5.
Maximum Lot Coverage. Fifty percent (50%).
D.
Performance Standards.
1.
All business establishments shall be retail or service establishments
dealing directly with the consumer. Any goods produced on the premises
shall be sold at retail on the premises where produced.
2.
No outdoor storage or display shall be permitted.
3.
No product shall be sold or otherwise dispensed to persons in
a vehicle and no drive-through or drive-in service is allowed.
4.
No business establishment shall occupy more than one (1) building
or more than five thousand (5,000) square feet of floor area.
5.
One (1) family may occupy a building which also contains one
(1) or more business activities provided all life-safety standards
are met as certified by the Chief of the Fire Department and by the
Building Official.
6.
In general, the goods and services provided in this district
shall be in the nature of art and handcraft objects, ready to eat
foods, souvenirs, notions, soft goods and clothing, collector's
items, antiques and jewelry.
7.
Alcoholic beverages may be served for consumption on the premises
only in food service establishments where gross revenue from the sale
of food is not less than fifty percent (50%) of the total revenue
of the establishment.
E.
Conversion Of Buildings. A building constructed as a residence may
be converted to business use provided the following conditions are
met:
1.
The building will, when converted, conform to all code and life-safety
standards of the City of Excelsior Springs.
2.
A building constructed as a residence may not be converted or
used for worship or other group religious services;
3.
Detail plans of the building shall be submitted for review and
approval by the Planning Commission prior to beginning construction
or conversion. Such plans shall be prepared by a professional architect,
registered in the State of Missouri, who shall present the plans to
the Commission and fully explain the conversion, construction or renovation
process. Structural integrity of the building, its ability to conform
to applicable codes and standards shall be demonstrated by the architect
at this time. Plans shall include a site plan, any changes in the
interior partitions or structure, the appearance of the exterior of
the building when completed, landscaping, signs, and off-street parking.
When off-street parking is to be provided on land not owned
by the applicant, proof of long-term rights to use said non-owned
property for parking in the form of executed lease, contract, etc.,
shall be submitted for the City's review and kept in the record.
Such plans, when and if found to be in conformance with the spirit
and intent of this Section, shall be approved in concept by the Commission
and forwarded to the Zoning Administrator for final action. The Commission
shall consider recommendations by the Fire Department, health official
and other officials in reaching a conclusion.
4.
Upon approval of the plans by the Zoning Administrator, a permit
may be issued for conversion and renovation of the building. The approval
of the plans by the Commission shall remain valid for a period of
one (1) year whereupon the approval and any permits issued in connection
therewith become null and void. Full and complete conformance with
the plans is mandatory.
F.
Off-Street Parking. Off-street parking at a ratio of one (1) space for each three hundred (300) square feet of total floor area used for business purposes, or one (1) space for each sleeping room, shall be provided on the premises or within three hundred (300) feet therefrom as provided in Section 400.280. No parking shall be permitted in the required front or side yards in this district. The Planning Commission may, in the process of reviewing construction, conversion or renovation plans, vary the parking requirements of a business if permanent public off-street parking is provided in quantity and location to adequately serve the premises.
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[R.O. 2012 §400.200; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 92-5-2, 5-11-1992; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "C-3," 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.
Any use permitted in District "C-2."
2.
Shops, stores and yards for the sale at retail or wholesale,
or the rental of such items as automotive equipment, trucks, trailers,
boats, camping accessories, tools, farm machinery, and supplies, building
supplies and lawn accessories.
3.
Services such as assembly and meeting halls, motor vehicle repair
and washing, farm machinery repair, pop bottling, miniature golf and
commercial recreational parks, drive-in theaters, general repair and
fix-it shops, frozen foods, including lockers, swimming pools, and
trade schools.
4.
Nurseries, greenhouses and bakeries.
5.
Manufacture or assembly of products to be sold only at retail
on the premises.
6.
Recycling, subject to special use permit.
B.
Performance Standards.
1.
Drive-up or drive-in service may be provided at any establishment.
2.
Any manufacturing or assembly of products as permitted above
shall be entirely within a totally enclosed building.
3.
No noise, smoke, radiation, vibration or concussion, heat or
glare shall be produced that is perceptible outside a building and
no dust, fly ash or gas that is toxic, caustic or obviously injurious
to human or property shall be produced.
4.
Motor vehicles, trucks, boats and trailers for sale may be stored
or displayed outside a building but not within ten (10) feet of a
street line. Other merchandise which may appropriately be displayed
or stored outside a building shall be kept off the public rights-of-way,
and shall not reduce the capacity of a parking lot below that required
by this Chapter.
C.
Height And Area Regulations. In District "C-3," 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: (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed three (3) stories
or thirty-five (35) feet in height except that in a District "CP-3"
buildings and structures shall not exceed twelve (12) stories in height.
2.
Front Yard. A front yard of not less than fifteen (15) feet
shall be provided.
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
a District "R-1" to "C-O" inclusive, a side yard shall then be provided
the same as required in the district it abuts, and a side yard of
fifteen (15) feet shall be provided on the street side of a corner
lot.
4.
Rear Yard. No rear yard required, except that when a rear lot
line abuts a lot in District "R-1" to "C-O" inclusive, a rear yard
of not less than twenty-five (25) feet shall be provided.
D.
Parking Regulations. Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. A minimum of four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area. (See Section 400.280 for additional parking requirements.)
E.
Conversion Of Buildings. No building that was designed and constructed
as a residential building shall be converted to or hereafter used
for non-residential purposes enumerated in this district.
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[R.O. 2012 §400.210; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §21, 4-1-1991; Ord. No. 92-3-4 §400.210, 3-16-1992; Ord. No. 92-5-2, 5-11-1992; Ord. No.
98-7-2, 7-6-1998; Ord. No. 19-08-01, 8-2-2019; Ord. No. 19-08-09, 8-5-2019; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "M-1," no building, structure, land or
premises shall be used, no building or structure shall be hereafter
erected, constructed, reconstructed, or moved, except for one (1)
or more of the uses described below:
1.
Offices and restaurants.
2.
Manufacturing, processing, fabrication, assembling, disassembling,
packaging, repairing, cleaning, servicing, or testing of any commodity
except junk or salvage.
3.
Warehousing, wholesaling and storage of any commodity except
junk or salvage.
4.
Trucking companies, truck parking, truck freight consolidation
and forwarding.
5.
Construction companies, construction equipment and materials
yards.
6.
Public and private utility facilities.
7.
Recycling, subject to special use permit.
8.
Tow lots.
9.
Medical marijuana dispensaries, medical marijuana testing facilities, medical marijuana transportation facilities, medical marijuana-infused products manufacturing facilities, and medical marijuana cultivation facilities, subject to the further requirements and restrictions of Section 400.300.
10.
Small article storage for general public use commonly called
mini-warehouses.
B.
Performance Standards.
1.
All operations shall be conducted within a fully enclosed building.
2.
All storage of materials, products or equipment shall be within
a fully enclosed building or in an open yard so screened that the
materials, products or equipment are not visible at eye level within
three hundred (300) feet of the property line.
3.
Retail sales shall be limited to those products manufactured
on the premises.
C.
Height And Area Regulations. In District "M-1," the height of buildings, and the minimum dimension of lots and yards shall be as follows: (For exceptions see Section 400.270.)
1.
Height. No building or structure shall exceed three (3) stories
of fifty (50) feet in height except that in District "MP-1" buildings
and structures shall not exceed one hundred and fifty (150) feet in
height.
2.
Front Yard. A front yard of not less than thirty (30) feet shall
be provided.
3.
Side Yards. A side yard shall be provided on each side of a
building or unit group of buildings, the total of which side yards
shall be not less than ten (10) feet. A side yard abutting a street
in the case of a corner lot or a side yard abutting a zoned residential
lot shall be not less than twenty (20) feet.
4.
Rear Yard. A rear yard of not less than fifteen (15) feet shall
be provided.
D.
Parking And Loading Regulations. Each industrial establishment shall
provide sufficient off-street parking space for all employees, customers,
visitors and others who may spend time at the establishment during
working hours. Not less than one (1) space for each five hundred (500)
square feet of total floor area shall be provided except that in grain
storage structures the floor area designed and used exclusively for
grain storage shall not be included in the calculation. Such parking
spaces shall be on the premises or on other property within two hundred
(200) feet of an employee entrance to the building being served. Each
establishment shall also provide adequate loading space within a building
or on the premises in such a way that all storage, standing and maneuvering
of trucks and other service vehicles shall be off the public right-of-way.
Any office or restaurant use which is located in this district shall
provide parking in the quantity required in the district wherein the
use is enumerated.
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[R.O. 2012 §400.220; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §22, 4-1-1991; Ord. No. 22-07-01, 7-18-2022]
A.
Permitted Uses. In District "M-2," no building, structure, land or
premises shall be used, and no building or structure shall be hereafter
erected, constructed, reconstructed, or moved, except for one (1)
or more of the uses described below:
1.
Any uses in District "M-1."
2.
Body shops.
3.
Building material stores and yards.
4.
Bus barns or lots.
5.
Cleaning, pressing and dyeing plants including laundries.
6.
Cold storage plants.
7.
Concrete and asphalt plants.
8.
Dog pounds and kennels if within an enclosed building.
9.
Sale and service of farm and contractors supplies and equipment.
10.
Machine and welding shops.
11.
Petroleum storage.
12.
Plumbing and sheet metal shops.
13.
Railroad yards.
14.
Railroad repair shops.
15.
Truck and bus storage, sales, and service.
16.
Freight terminals, docks, loading and unloading equipment.
B.
Performance Standards.
1.
Operations may be conducted within a building or in an open
yard except that no operations shall be conducted within ten (10)
feet of the property line;
2.
All storage of materials, products or equipment shall be within
a fully enclosed building or in a partially enclosed building or in
an open yard having a solid screen fence not less than six (6) feet
high giving total or partial screening from neighboring property and
adjacent streets;
3.
No use shall be permitted or so operated as to produce or emit:
a.
Smoke or particulate matter of a Number 1 or darker on the Ringlemann
Chart;
b.
Dust, fly ash, radiation, gases, heat, glare, or other effects
which are obviously injurious or damaging to humans or property beyond
the property line;
c.
Vibration or concussion perceptible without instruments at the
property line;
d.
Noise that exceeds 80db (A) at any point along the property
line;
e.
Industrial wastes of a quantity or nature that may overburden
the public sewage disposal facilities or cause odors or sanitary effects
beyond the property line.
C.
Height And Area Regulations. In District "M-2," the height of buildings, the minimum dimension of lots and yards, shall be as follows: (For exceptions see Section 400.270.)
1.
Height. Buildings or structures shall not exceed one hundred
and fifty (150) feet in height.
2.
Front Yard. There shall be a front yard of not less than twenty-five
(25) feet.
3.
Side Yards. A side yard shall be provided on each side of a
building or unit group of buildings of not less than ten (10) feet.
4.
Rear Yard. There shall be a rear yard of not less than twenty
(20) feet.
D.
Parking Regulations. Each industrial establishment shall provide
sufficient off-street parking space for all employees, customers,
visitors and others who may spend time at the establishment during
working hours. Not less than one (1) space for each five hundred (500)
square feet of total floor area shall be provided except that in grain
storage structures the floor area designed and used exclusively for
grain storage shall not be included in the calculation. Such parking
spaces shall be on the premises or on the property within two hundred
(200) feet of an employee entrance to the building being served. Each
establishment shall also provide adequate loading space within a building
or on the premises in such a way that all storage, standing and maneuvering
of trucks and other service vehicles shall be off the public right-of-way.
Any office or restaurant located in this district shall provide parking
in the quantity required in the district wherein the use is enumerated.
[1]
Cross Reference — As to area, yard and building requirements,
see App. B of this Chapter.
[Ord. No. 22-07-01, 7-18-2022]
A.
Purpose. The Site Plan Review process is the way to coordinate building
and development activity and ensure new projects comply with the development
and design standards of this Code and Section.
B.
Applicability. All new building and development activity, excluding
single-family and two-family residential dwelling units and any building
and development activity located within a Planned Zoning District,
are subject to the Site Plan Review process. No building permits shall
be issued for any building and development activity requiring the
Site Plan Review process until a Site Plan Review application has
been submitted, reviewed and approved in accordance with this Section.
C.
Site Plan Levels.
1.
Major Site Plan:
a.
A new building over twenty-thousand (20,000) square feet in
floor area.
b.
An expansion to an existing building of over twenty-thousand
(20,000) square feet in floor area or by more than thirty percent
(30%) of the existing building floor area.
c.
Any site or development project involving ten (10) acres or
more.
d.
Any remodel or addition to an existing building that involves
alteration of over seventy-five percent (75%) of the exterior facade.
e.
Any site or development project that requires technical studies
which, in the sole discretion of City staff, may impact the use, investments,
or design of public facilities beyond the specific project.
D.
Review Procedures And Criteria.
1.
Major Site Plan: All Major Site Plans shall be reviewed and
considered by the Planning and Zoning Commission and City Council
in a scheduled public meeting. A public hearing is not required.
2.
Standard Site Plan: All Standard Site Plans shall be reviewed
and considered administratively by the Community Development Department.
3.
All Site Plans shall be reviewed and considered according to
the following criteria:
a.
Conformance with the development standards of this Code.
b.
Consistency with any approved City plans, overlay districts,
or other specific design and development policies or standards applicable
to the subject site.
c.
Whether any additional site-specific conditions are necessary
to meet the intent and design objectives of any of the applicable
development standards of this Code.
E.
Minimum Building And Site Design Criteria.
1.
All new buildings subject to the Site Plan Review process shall
meet the following minimum building design criteria:
a.
No plain metal siding shall be used on the facade of buildings
facing any public right-of-way, except in District "M-1" Light Industrial
District and District "M-2" General Industrial District.
b.
For multi-building commercial, industrial, or multi-family developments,
the buildings shall demonstrate and maintain a consistency in architectural
design, building materials, building color and signage.
F.
Application.
1.
Applications for Site Plan Review may be made by any person
or agent who owns or has the consent of the owner of the subject property.
Applications shall be made on forms prescribed by the City and duly
filed with the Department of Community Development.
2.
All fees for Site Plan Review applications shall be according
to the Schedule of Fees, Tile 1, Appendix A.
3.
Site Plans Review applications shall contain the following information:
a.
A Site Plan.
(1)
At a scale of one (1) inch equal fifty (50) or
larger indicating the zoning classification and current use of the
subject property and adjunct properties.
(2)
Existing topography with five (5) foot contours.
(3)
Proposed location of buildings and other structures,
parking areas, drives, walks, screening, public streets, and any existing
and proposed easements.
(4)
Sufficient dimensions to indicate relationship
between buildings, property lines, parking areas, and other elements
of the plan.
b.
A Stormwater Management Plan.
c.
Landscaping Plan.
d.
Preliminary sketches depicting the general style, size and exterior
construction materials of the buildings proposed. Such sketches shall
include elevation drawings, but detailed architectural drawings and
perspectives are not required.
e.
A schedule indicating total floor area, dwelling units, land
area, parking spaces and other quantities relative to the submitted
Site Plan in order that compliance with ordinance requirements can
be determined.
G.
Upon final approval of a Site Plan Review application, the appropriate
building permits and public works permits may be issued and construction
may proceed.
[R.O. 2012 §400.230; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-4-2 §25, 4-1-1991; Ord. No. 92-3-4, 3-16-1992; Ord. No. 92-5-2, 5-11-1992; Ord. No. 93-6-6 §400.230, 6-7-1993; Ord. No. 96-11-2, 11-4-1996; Ord. No.
04-10-1, 10-4-2004; Ord. No. 2011-11-09-06 §2, 9-19-2011; Ord. No. 14-07-05 §14, 7-21-2014; Ord. No. 16-09-04 §2, 9-19-2016; Ord. No. 22-07-01, 7-18-2022]
A.
Purpose. The development and administration of the Zoning Code is
based on the division of the City into districts, within any one (1)
of which the use of land and buildings and the bulk and location of
buildings or structures, as related to land, are essentially uniform.
It is recognized, however, that there are special uses which, because
of unique character, cannot be properly classified in any particular
district or districts without consideration, in each case of the impact
of those uses upon neighboring lands and upon the public need for
the particular use or the particular location. Such special uses fall
into three (3) categories:
1.
Uses operated by a public agency or public-related utilities,
or uses traditionally affected with a public interest; and
2.
Uses entirely private in character, but of such a nature that
the operation may give rise to unique problems with respect to their
impact upon neighboring property or public facilities; and
3.
Uses which are of a short duration and short-range impact on
the community.
B.
Authorization. Special uses may be authorized only by the City Council,
provided that no application for a special use shall be acted upon
by the City Council until after a public hearing is scheduled and
notice posted and thereafter held by the Planning and Zoning Commission,
and its finding and recommendations are reported to the City Council.
C.
Application. An application for special use shall be filed with the Community Development Department. Such application shall proceed in the manner prescribed herein for amendments to this Chapter. (See Section 404.080)
D.
Standards. No special use shall be granted unless the use:
1.
Is deemed necessary for the public convenience at that location;
2.
Is so designed, located, and proposed to be operated that the
public health, safety, and welfare will be protected; and
3.
Will not cause substantial injury to the value of other property
in the neighborhood in which it is located; and
4.
Will comply with the height and area regulations of the district
in which it is located unless specifically granted otherwise.
E.
Conditions. The Planning and Zoning Commission may recommend and
the City Council may provide such conditions and restrictions upon
the construction, location, and operation of a special use including
time limit, provision for off-street parking and loading, and other
conditions as may be deemed necessary to promote the general objectives
of this Chapter and to minimize any injury to the value of property
in the neighborhood. Failure to maintain such conditions or restrictions
as may have been imposed shall constitute grounds for revocation of
the Special Use Permit.
F.
Uses Which May Be Permitted. Any of the following uses may be located
in any district by Special Use Permit:
1.
Amusement parks, privately owned baseball or athletic fields.
2.
Airports, landing strips and helicopter ports under such restrictions
as the Council may impose on land, buildings or structures within
an approach zone to promote safety of navigation and prevent undue
danger from confusing lights, electrical interference or other hazards.
3.
Cemeteries, mausoleums, or crematories for the disposal of the
dead.
4.
Clubs.
5.
Drive-in theaters.
6.
Golf driving ranges, commercial or illuminated; tennis and similar
recreation structures.
7.
Gun clubs, skeet shoots, target ranges, indoor tennis and similar
recreation structures.
8.
Hospitals, residential or outpatient facilities for the treatment
of alcohol and other drug abuse, penal or correctional institutions;
veterinary clinics.
9.
Camping areas, campground or RV park.
10.
Mines or quarries, including the removing, screening, crushing,
washing, or storage of ore, sand, clay, stone, gravel or similar materials.
11.
Nursery sales office, building, greenhouse, or area (wholesale
or retail).
12.
Nursing and convalescent homes.
13.
Dog kennels.
14.
Radio, television and microwave towers.
15.
Reservoirs, towers, filter beds, or water treatment plants.
16.
Riding stables and tracks.
17.
Sewage, refuse, garbage disposal plants or landfills.
18.
Buildings, structures, and premises for public utility services,
or public service corporations.
19.
Temporary use of land or buildings for commercial or industrial
purposes, provided that any building or structure constructed thereon
which is not otherwise permitted in the district in which it is situated,
shall be temporary, and any storage equipment or material shall be
removed upon the date of expiration of the Special Use Permit, which
permit shall be valid for not more than two (2) years but may be renewed
after public hearing.
20.
Assembly halls, churches, community centers, philanthropic organizations,
and trade schools.
21.
Group care centers, including pre-schools, day care and adult
care.
22.
Off-street parking lots or structures of a temporary or permanent
nature.
23.
Mobile and manufactured home sales areas.
24.
Special housing for persons who have special and unusual housing
needs, including but not limited to, persons fifty-five (55) years
of age and over, persons who are handicapped and children and adults
who require housing separate from their natural homes or families.
25.
Bed and breakfast homes or country inns.
26.
Adult Entertainment Establishments, subject to the regulations and requirements set forth in Section 400.235: Adult Entertainment Establishments, below.
27.
Payday loan and title loan businesses in accordance with the
following provisions:
a.
The business is not located within five thousand two hundred
eighty (5,280) feet of any other payday or title loan business;
b.
The business is not located within two hundred (200) feet of
a residential, church, park or school property; and
c.
The business shall be located within a multi-tenant commercial
building, housing not less than four (4) separate occupancies.
28.
A special use permit may be obtained for an establishment engaging in tattooing, body piercing or branding pursuant to Section 230.200 only in a "C-2" General Business District or "C-3" Service Business District. This special use permit shall be valid for a period not to exceed two (2) years, but may be renewed after a full and complete review by the Planning and Zoning Commission and City Council.
G.
Short Term Special Uses.
1.
Short Term Special Events shall be separated in categories that
differentiate between major community events involving multi-day street
closures or serving of alcohol outdoors and events that are minor
in nature. Application fees shall be paid according to the Schedule
of Fees, Title I, Appendix A. The City Manager or an authorized representative
may authorize the issuance of a Short Term Special Use Permit for
the use of a specific tract, parcel or section of the City for such
temporary short term uses as:
2.
Such activities may be a non-profit, profitmaking, civic or
public agency nature and may be on private or public property. A Short
Term Special Use Permit may be approved by the City Manager or an
authorized representative without referral to the City Council provided
the following conditions are met:
a.
The applicant shall submit in written form a complete description
of the proposed activity, hours of operation, ability to accommodate
Fire and Police services and access, need for special protection and
other characteristics that may affect the public safety, convenience
and welfare.
b.
In the case of use of a public street or sidewalk, care shall
be exercised in maintaining safe and convenient circulation for both
vehicular and pedestrian traffic.
H.
Revocation.
[Ord. No. 22-03-04, 3-7-2022]
1.
Any special use permit granted under the authority of this Section
is subject to revocation for any or all of the following reasons:
a.
Non-compliance with any special conditions imposed at the time
of approval of the special use permit.
b.
Violation of any provisions of the ordinances of the City pertaining
to the use of the land, construction or uses of buildings or structures
or activities conducted on the premises by the permit holder, agents
of the permit holder, or tenants.
c.
Violation of any other applicable provisions of the ordinances
of the City or any State or Federal law or regulation by the permit
holder, agents of the permit holder, or tenants, provided that such
violations relate to the conduct or activity authorized by the special
use permit or the qualifications of such persons to engage in the
permitted use.
d.
Revocation is necessary to preserve the public health, safety
and welfare.
2.
Appeal. The permit holder may appeal from the order and determination
of the City Council or its designee to the Circuit Court of Clay or
Ray County as established in Chapter 536, RSMo.
[R.O. 2012 §400.235; Ord. No. 93-6-6 §400.235, 6-7-1993]
A.
Purpose And Intent.
1.
Adult entertainment establishments are hereby acknowledged to have
special characteristics and impacts upon their surroundings, and upon
the use and enjoyment of adjacent properties.
2.
It is the purpose and intent of these regulations to provide for
the confinement of adult entertainment establishments to those commercial
areas within which the special characteristics and impacts are judged
to be the least disruptive to the use and enjoyment of adjacent properties
and neighborhoods.
3.
These regulations are further intended to require that adult entertainment
establishments shall not be permitted to locate in such concentration
that their operational features may establish the dominant character
of any commercial area or to be a blighting influence on the surrounding
neighborhood(s).
4.
The special regulation of adult entertainment establishments is deemed
to be necessary to ensure that the special characteristics and impacts
of such uses will not contribute to the blighting or degradation of
surrounding neighborhoods, whether residential or non-residential
by location or concentration and to ensure the stability of such neighborhoods.
5.
These regulations are further intended to protect and balance the
lawful rights of expression with the lawful rights to the enjoyment
and use of property.
6.
These regulations are necessary to protect the health, safety, morals
and general welfare of the residents of the City of Excelsior Springs,
Missouri.
B.
ADULT BOOKSTORE
ADULT ENTERTAINMENT ESTABLISHMENTS
ADULT ENTERTAINMENT FACILITY
1.
2.
MODELING STUDIO
SPECIFIED SEXUAL ACTIVITIES
Definitions. The
following words and phrases when used in this Section, shall have
the meaning set out herein:
An establishment having as a ten percent (10%) portion of
its stock in trade or more of books, photographs, magazines, films
for sale, films for viewing on the premises by use of motion picture
devices or other coin operated means, or similar periodicals which
are distinguished or characterized by their principal emphasis on
matters depicting, describing, or relating to specified sexual activities.
Any of the establishments, businesses, buildings, structures
or facilities defined in this Subsection.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for live presentations, video tapes or films or similar
devices, predominantly distinguished or characterized by their principal
emphasis on matters depicting, describing, or relating to specified
sexual activities. Additionally, any facility where the patrons either:
Engage in personal contact with, or allow personal contact by
employees, devices or equipment, or by personnel provided by the establishment
which appeals to the prurient interests of the patrons; or
Observe any live presentation, video tape or film presentation
or similar, of persons wholly or partially nude with their genitals
or pubic region exposed or covered only with transparent covering,
or in the case of female persons with the areola and nipple of the
breast exposed or covered with only transparent covering or to observe
specified sexual activities.
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, or similar means. This definition
is not intended to include or apply to schools whenever there are
persons enrolled in a class for the purpose of developing their artistic
skills.
Sexual conduct, being actual or simulated, acts of human
masturbation, sexual intercourse, gratification with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
objects in an act of apparent sexual stimulation or gratification.
C.
Special Use Permit Required. A Special Use Permit shall be obtained in accordance with the regulations and requirements set forth in Section 400.230: Special Use Permits.
D.
Conditions.
1.
A Special Use Permit may be obtained for an adult entertainment establishment
only in a "C-3": Service Business District. This Special Use Permit
shall be valid for a period not to exceed two (2) years, but may be
renewed after a full and complete review by the Planning and Zoning
Commission and City Council.
2.
No adult entertainment establishment shall be permitted to locate
within one thousand (1,000) feet of any religious institution, school,
public building, cemetery, park, hospital, youth center, or licensed
day-care facility. Such distance shall be measured in a straight line
without regard to intervening properties from the closest exterior
structural wall of the adult entertainment establishment to the closest
property line of the religious institution, school, public building,
cemetery, park, hospital, or licensed day-care facility.
3.
No adult entertainment establishment shall be permitted to locate
within seven hundred fifty (750) feet of any single-family residential
zoning district. Such distance shall be measured in a straight line
without regard to intervening properties from the closest exterior
structural wall of the adult entertainment establishment to the closest
property line of the single-family residential zoning district.
4.
No adult entertainment establishment shall be permitted to locate
within one thousand (1,000) feet of another lawfully existing adult
entertainment establishment. Such distance shall be measured in a
straight line without regard to intervening properties from the closest
exterior structural wall of the adult entertainment to the closest
property line of the other adult entertainment establishment.
5.
All access to and from the adult entertainment establishment shall
be provided from a street classified as either a collector or arterial
street.
6.
The property upon which the adult entertainment establishment is
located shall have a minimum of one hundred (100) feet of street frontage.
7.
The property upon which the adult entertainment establishment is
located shall be screened by a solid masonry wall, at least six (6)
feet in height along all interior property lines.
8.
The property upon which the adult entertainment establishment is
located shall have a front yard setback of fifteen (15) feet, a side
yard setback of fifteen (15) feet, and a rear yard setback of twenty-five
(25) feet.
9.
Off-street parking shall be provided for at a ratio of one (1) parking
space per three (3) seats, one (1) parking space per each two (2)
employees, and/or one (1) parking space per each seventy-five (75)
square feet of floor area to be determined by the Planning Director
and subject to the review of the Planning and Zoning Commission and
City Council.
10.
Landscaping and screening shall be provided for in accordance with Section 400.290: Landscaping and Screening.
11.
The facility within which the adult entertainment use is located
shall be designed in such a manner that all openings, entries, exits,
and windows prevent view into such facility.
12.
No adult entertainment activity shall take place outside of the establishment
either wholly or partially.
13.
The adult entertainment establishment shall be limited to one (1)
wall-mounted sign no greater than one (1) square foot of sign per
linear foot of wall length, not to exceed a total of fifty (50) square
feet; said sign shall not flash, blink, or move by mechanical means,
and shall not extend above the roof line of the building.
14.
No merchandise or pictures of products may be displayed in any area
where it may be viewed from outside of the establishment.
15.
Each application for a Special Use Permit for an adult entertainment
establishment shall include a site plan. The site plan shall be drawn
at a scale of one (1) inch equals fifty (50) feet or larger and shall
include, as a minimum, the following information:
a.
The site plan shall delineate the property lines of the proposed
project, and shall indicate the Zoning District classification and
present use of the proposed project site and for abutting properties.
b.
The site plan shall delineate existing rights-of-way and easements.
c.
The site plan shall delineate the general location and width of all
proposed streets and public rights-of-way and easements.
d.
The site plan shall delineate the solid masonry screening wall as required in subsection (D)(6) above.
e.
The site plan shall delineate the proposed building layout with the required setbacks as required in Subsection (D)(7) above.
f.
The site plan shall characterize the proposed usage of the building
and description of the proposed use by type, character and intensity.
g.
The site plan shall delineate the location and number of parking spaces required in Subsection (D)(9) above.
h.
The site plan shall present in tabular form the proposed net density
of the use provided, including the number of seats, employees, or
other applicable unit of measure.
i.
The site plan shall delineate the gross floor area of the building
or structure.
j.
The site plan shall describe all the landscaping to be provided.
l.
The site plan shall set forth any other information necessary for
determination of the suitability of the proposed use for the site.
m.
The site plan shall show that the measurements from the building
to surrounding structures and property lines comply with this Section.
[R.O. 2012 §400.240; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 89-1-2 §23 B, 1-2-1989; Ord. No. 91-10-2 §400.240, 10-7-1991; Ord. No. 92-8-6, 8-3-1992; Ord. No.
93-6-4 §400.240, 7-6-1993; Ord. No. 94-11-5 §I, 11-7-1994; Ord. No. 96-3-1, 3-18-1996; Ord. No. 04-7-6, 7-6-2004; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord. No. 17-04-01 § 1, 4-3-2017; Ord. No. 18-09-06, 9-17-2018; Ord. No. 18-11-03, 11-5-2018; Ord. No. 22-07-01, 7-18-2022]
A.
General Regulations. Buildings and structures may be erected and
land may be used for purposes which are clearly incidental to, and
customarily and commonly associated with the main permitted use of
the premises. Such accessory buildings and uses shall be so constructed,
maintained and conducted as to not produce noise, vibration, concussion,
dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious,
unhealthy or disturbing to adjacent property or the users thereof
and shall be on the premises of the main use.
1.
Generally. The following uses shall be permitted as accessory
to main uses permitted in this Chapter.
B.
Districts "A," "R-1," "R-1A" And "R-2."
1.
Home occupations permitted.
a.
Architect.
b.
Artist.
c.
Author or writer.
d.
Chiropractor.
e.
Clergyman.
f.
Contractor.
g.
Dentist.
h.
Engineer.
i.
Hairdresser.
j.
Lawyer.
k.
Osteopath.
l.
Physician.
m.
Sales.
n.
Seamstress — dressmaker.
o.
Teaching or instruction provided, not more than three (3) students
are taught at any one (1) time and not more than twelve (12) students
per day, excluding informal study groups such as literary and religious
discussion activities.
p.
Day care home for a maximum of four (4) children unrelated to
the operator.
q.
Informal and occasional study groups such as literary and religious
discussion activities in a home.
2.
The following conditions and restrictions shall apply to such
customary home occupations:
a.
That the primary use of the building or structure in which the
occupation is situated is clearly the dwelling used by the person
as his or her private residence.
b.
That no assistant or other than an immediate member of the family
household is employed.
c.
That no equipment, machinery or operation is used in such activities
that is perceptible off the premises by reason of noise, smoke, odor,
dust radiation, electrical interference or vibration. Parking shall
be handled in such a manner as to not impede or hinder traffic on
any public right-of-way.
3.
Garages And Carports. For each dwelling unit there may be permitted
one (1) private garage or covered carport with space for not less
than one (1) vehicle and each principal use is also allowed one (1)
"accessory use building" if a detached garage is located on the lot
or parcel, or two (2) accessory use buildings if there is no detached
garage. Detached garages and accessory use buildings shall be located
behind the front yard building line as established by the principal
structure to which the structure is to be accessory. Detached garages
and accessory use buildings shall be a minimum of five (5) feet from
the side yard and five (5) feet from the rear yard where the lot abuts
another residential lot. Where the lot abuts or adjoins an alley,
the rear yard requirement may be waived by the City Building Official.
A garage constructed as part of the main building shall be subject
to the regulations affecting the main building except that on a corner
lot, a private attached garage may extend into the required rear yard
to a point not less than twenty (20) feet from the rear lot line and
shall not occupy more than thirty percent (30%) of the required rear
yard.
A detached garage and accessory use building may contain up
to an aggregate maximum square footage according to the following
standards:
Lot/Parcel Size
|
Maximum Square Footage
|
---|---|
Up to 1.99 acres
|
1,000 square feet
|
2.00 to 2.99 acres
|
2,000 square feet
|
3.00 to 3.99 acres
|
3,000 square feet
|
4.00 to 4.99 acres
|
4,000 square feet
|
5.00 to 5.99 acres
|
5,000 square feet
|
6.00 to 6.99 acres
|
6,000 square feet
|
7.00 to 7.99 acres
|
7,000 square feet
|
8.00 to 8.99 acres
|
8,000 square feet
|
9.00 to 9.99 acres
|
9,000 square feet
|
10 acres or more
|
10,000 square feet
|
An accessory use building or detached garage shall not exceed twenty-six (26) feet in height. Any accessory use building or detached garage that exceeds ten (10) feet in height shall be located a distance inside the property line at least equal to one-third (1/3) its height. A detached garage shall not occupy more than thirty percent (30%) of the required rear yard. The setback, height and yard requirements of this Subsection (B)(3) do not apply to lots in an "R-1A" Zoning District.
|
No vehicle, vehicle component, van, trailer or trailer box may
be used as a building or structure in any district.
|
4.
Additional Uses. An otherwise legal hobby activity may be operated
as an accessory use by the occupant(s) of the premises purely for
personal enjoyment, amusement or recreation, provided that the sale
of articles produced or constructed does not take the form of a business,
but rather are incidental to the hobby activity. Such additional uses
as private swimming pools, gardens, customary pets, television and
radio receiving antennae not exceeding sixty (60) feet in height,
signs as permitted by ordinance, parking area, and detached garages
and accessory use buildings.
5.
Fences. Fences in Residential Districts shall be permitted as
follows:
a.
In the front yard a wood, chain link, iron or split rail type provided said fence shall be not less than fifty percent (50%) perforated and open over its entire surface, shall not encroach on the sight distance triangle required in Section 400.240 and shall not exceed four (4) feet in height.
b.
In the side yard a wood, chain link, wrought iron or split rail type provided such fence shall not encroach on the sight distance triangle required in Section 400.240 and shall not exceed six (6) feet in height.
c.
In the rear yard a wood, chain link, wrought iron or split rail
type which may be perforated or solid, and which shall not exceed
eight (8) feet in height.
6.
Storage Of Equipment, Material, Vehicle, Boat Or Trailer.
a.
The parking of any vehicle shall not occur on lawn areas, unpaved
public right-of-way or other locations in a residential district.
Parking shall be limited to areas that are hard surfaced and shall
generally be located in close relationship to the garage or otherwise
vehicle-oriented portion of the premises so that the lawn area may
be maintained with grass, trees and shrubs.
b.
Recreational vehicles, hauling trailers or boats may be stored,
on the basis of one (1) per family, in fully enclosed private garages,
in paved driveways of single-family homes if parked behind the building
line, or in rear or side yards of single-family homes behind the building
line and no closer than six (6) feet to the adjoining lot line if
parked on a concrete, asphalt or paver block pad; provided no such
vehicles shall be used for residential purposes nor connected to a
water or electric source.
c.
Parking of commercial trucks or buses on any street in a residential
district except in conjunction with the conduct of business shall
be prohibited.
7.
Dish Antennae.
a.
Television receiving dish antennae shall be so constructed and
placed as to ensure structural integrity and electrical or operational
safety, and as to minimize adverse effects upon the use or enjoyment
of adjacent and nearby property.
b.
A television receiving dish antennae of a solid color may be
located at grade for private reception provided the maximum cross
dimension of the dish shall not exceed ten (10) feet and the highest
point of the dish or structure shall not be more than twelve (12)
feet above grade, and further provided that no dish antennae or portion
thereof may be located in a front yard or in a side yard on the street
side of a corner lot, or closer than ten (10) feet to any lot line.
A building permit is required for all dish antennae. Landscaping to
conceal the base is required for permanent installations.
c.
Provided, however, that a building permit is not required for
dish antennae four (4) feet or less in diameter with front to back
measurement of four (4) feet or less and a vertical height of five
(5) feet or less. Mounting of such antennae is allowable on the side,
rear or front of a principal structure or on the rear portion of the
roof of a principal structure under the following criteria:
(1)
A three (3) foot setback shall be maintained from
side lot lines, not including the side yard on the street side of
a corner lot, and from rear lot lines.
(2)
Such satellite dish antennae may be directly mounted
without mast or pole on the rear portion of the roof of the principal
structure, or located at grade.
(3)
Such satellite dish antennae mounted in front of
the principal structure, in the front yard or in the side yard on
the street side of a corner lot shall be mounted within four (4) feet
of the structure.
8.
Composting of yard wastes will be permitted and shall be subject
to the following restrictions:
a.
Composting piles must be no longer than one hundred twenty-five
(125) cubic feet and no taller than five (5) feet in height. Only
one (1) compost pile is permitted on any residential premise up to
one (1) acre. On residential premises greater than one (1) acre, no
more than two (2) compost piles are permitted.
b.
The pile(s) must be maintained in an enclosure which can include
woven wire, wood construction, cement blocks, brick, or commercially
available compost bins; and such enclosures must not detract from
neighborhood features.
c.
The compost pile(s) may not solely contain grass clippings,
but may contain grass clippings blended with a suitable ration of
other yard wastes, chopped straw or hay, sawdust and soil. Compost
piles must be aerated to prevent odors. Commercial fertilizers and
other nitrogen sources are permitted to promote the decomposition
of high carbon wastes such as wood plant materials or mature leaves.
No animal fats are allowed as compost pile inputs.
d.
The compost pile(s) must be located in the rear yard only. No
compost piles are allowed in front or side yards. They may be located
no less than ten (10) feet from any building on the premise and no
less than five (5) feet from the lot lines.
e.
The Community Development Department has the authority to grant
exemptions to these regulations. If a property owner cannot meet the
placement, size, or quality standards, he or she may establish other
reasonable compost piles with the approval of the Community Development
Department.
C.
Districts "R-1," "R-1A" and "R-2."
If a lot is occupied by a single-family dwelling unit as the principal
use, one (1) accessory dwelling unit (ADU) is permitted under the
following standards:
a.
An ADU may be located within the principal single-family dwelling
or a detached building.
b.
Either the principal single-family dwelling or the ADU shall
be occupied by the property owner.
c.
An ADU shall be limited to sixty percent (60%) of the total
square footage of the principal single-family dwelling but shall not
exceed one thousand (1,000) square feet.
d.
A detached ADU shall not exceed the height of the principal
single-family dwelling.
e.
Construction of an ADU shall comply with all building code requirements
for multi-family structures.
D.
Districts "R-3," "R-4" And "R-5." In the "R-3," "R-4" and "R-5" Districts, permitted accessory uses are as follows: Parking areas, signs as permitted by ordinance, recreation areas including tenant used swimming pools and minor recreation buildings, trash collections enclosures, power generators, vending machines for tenant use, dish antennae and other similar uses. Single and two-family dwellings located in these districts shall conform to the regulations of Subsection (B) above.
E.
Districts "C-O" And "C-1." In the "C-O" and "C-1" Districts, accessory
uses are as follows: Parking areas, signs as permitted by ordinance,
vending machines, private garages for motor vehicles, apartment for
maintenance personnel, low-level exterior lighting, radio, television,
microwave or dish antennae not exceeding sixty (60) feet in height,
flagpoles, cooling towers and other similar uses.
F.
Districts "C-2" And "C-3." In the "C-2" and "C-3" Districts, permitted
accessory uses are as follows: Parking areas, signs as permitted by
ordinance, flood lighting and other similar uses. Washing and other
passenger car cleaning shall be permitted as an accessory use in service
stations.
G.
Districts "M-1" And "M-2." In the "M-1" and "M-2" Districts, permitted
accessory uses are as follows: Parking and loading areas, signs as
permitted by ordinance, security and screen fencing, radio, microwave,
and dish antennae towers to heights as set out in this Chapter, gate
house, loading equipment, employee recreation and other similar uses.
H.
Motor Hotels. The following are accessory uses within a motor hotel:
A restaurant, banquet rooms, liquor, notions and magazine counters,
vending machines, beauty and barber shops, flower and gift shops,
provided all are within the main building and designed to serve primarily
the occupants and patrons of the motor hotel.
I.
Hospitals. The following are accessory uses in connection with a
hospital: Residential quarters for staff and employees, nursing or
convalescent quarters, storage and utility buildings, food service
and vending machines, laundry and other similar services for hospital
personnel, visitors and patients.
J.
Utility Buildings. Storage of materials and equipment in a "utility
building," as defined herein, is permitted in all non-residential
districts. Outside storage incidental to a utility building shall
be screened from view from off the premises.
K.
Limitations On Accessory Use. Any of the accessory uses listed in
this Section may specifically be prohibited or further controlled
by restrictions written into a Special Use Permit prior to its approval.
L.
Solar Panels.
1.
Solar panels shall be permitted as an accessory use in all zoning
districts subject to the following performance standards:
a.
Solar panels must be located on the premises.
b.
Solar panels may be mounted on roofs or walls subject to:
(1)
Roof-mounted residential building solar panels
located on front or side building roofs visible from the public right-of-way
shall not extend above the peak of the roof plane where it is mounted,
and no portion of any such solar panel shall extend more than twenty-four
(24) inches as measured perpendicularly to the roof at the point where
it is mounted.
(2)
Roof-mounted residential building solar panels
located on the rear or interior side building roofs shall not extend
above the peak of the roof plane where it is mounted, and no portion
of any such solar panel shall extend more than four (4) feet as measured
perpendicularly to the roof at the point where it is mounted.
c.
Solar panels may be ground mounted subject to:
d.
Any system incorporated into a non-residential building shall
be integrated into the basic form and main body of the building. If
roof mounted, all collector panels shall fit into the form of the
roof; if the building's roof is sloped or if rack mounting is
used on a flat roof, the mounting must be concealed from view at street
level. Exposed rack supports and freestanding collectors apart from
the main building shall not be permitted.
e.
Roof-mounted solar panels mounted on accessory buildings are
permitted.
f.
Solar panels may be mounted on light poles as a source of power
for the light fixtures if they are designed as part of the fixtures.
g.
All exposed metal, including the framework of active solar panels
or exposed mullions and framework of passive systems, shall be colored
to visually blend into the surroundings.
2.
Exceptions to these standards may be considered for approval
through special use permit if the City finds there would be no detrimental
impact to the public health, safety or general welfare.
[R.O. 2012 §400.250; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 91-10-2 §400.250, 10-7-1991]
No lot, parcel or tract of land shall be used and no building
or structure shall be erected, altered, or remodeled, for any of the
following uses: Abattoirs: commercial or public composting, fertilizer
manufacture; dumping, reduction, or incineration of garbage, dead
animals, offal, or refuse; storage, curing or tanning of raw hides
or skins; refining of petroleum or coal; salt works, stock yards or
slaughter of animals or fowl; creosote manufacture or treatment; distillation
of bones, fat rendering, glue manufacture; auto salvage or stripping,
scrap iron or junk storage or processing or sales.
[R.O. 2012 §400.260; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 17-04-01 § 2, 4-3-2017; Ord.
No. 22-07-01, 7-18-2022]
A.
Mobile Homes Where Permitted.
2.
A mobile home may be permitted elsewhere in the City by resolution
of the City Council, for the purpose of providing temporary housing
following a disaster, such as fire, windstorm or flood provided such
mobile home is removed from its location within six (6) months of
its original placement.
3.
One (1) or more mobile homes may be used as a temporary office
or other non-residential structure on the site of a construction project,
upon issuance of a temporary building permit, provided such structure
is removed upon completion of the project.
B.
Recreational Vehicles And Trailers.
1.
Recreational vehicles and travel trailers may be parked in a campground, trailer park, or public storage business. No such recreational vehicle or travel trailer shall be used for permanent or semi-permanent residential purposes. Nothing in this Chapter shall prohibit the use of tents, pickup campers, and other such equipment from also utilizing an approved campground or trailer park. Recreational vehicles and travel trailers may also be stored, on the basis of one (1) per family, in fully enclosed private garages, or as an accessory use in residential districts to the extent allowed by Section 400.240(B)(6), provided no such vehicle shall be used for residential purposes.
2.
Hauling trailers may be stored or rented in a District "C-3." Hauling trailers, customarily towed behind passenger cars, and not exceeding eight (8) feet of box length, may also be kept or stored, on the basis of one (1) per family, in fully enclosed private garages, or as an accessory use in residential districts to the extent allowed by Section 400.240(B)(6), but not on the street side of a corner lot.
3.
One (1) or more trailers may be used as a temporary office or
other non-residential structure on the site of a construction project,
provided such trailer is removed upon completion of the project.
[R.O. 2012 §400.270; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 98-9-10, 9-21-1998; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord. No. 18-09-06, 9-17-2018; Ord. No.
19-01-02, 1-7-2019; Ord. No. 22-07-01, 7-18-2022]
A.
Generally. 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 as set
out in the foregoing Sections of this Chapter shall be subject to
the following exceptions and additional regulations.
B.
Height. In any district, public or semi-public buildings, such as
hospitals, churches, sanitariums or schools, either public or private,
where permitted, may be erected to a height not exceeding one hundred
(100) 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 that specified height limit as established by
the regulations of the district in which such buildings are situated.
Parapet walls and false mansards may extend not more than six (6)
feet above the height limit. Flagpoles, chimneys, cooling towers,
elevator bulkheads, penthouses, finials, tanks, grain elevators, stacks,
storage towers, radio transmitter towers, ornamental towers, monuments,
cupolas, domes, spires, stand-pipes, and other necessary mechanical
appurtenances may be erected as to height in accordance with other
local regulations and in conformance with air space regulations relative
to any affected airport.
C.
Yard Exceptions.
1.
Residential Districts. In Districts "R-1," "R-2," "R-3," "R-4"
and "R-5" 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 entire frontage.
2.
"C-O" to "M-2" Districts. In Districts "C-O" to "M-2" inclusive,
where buildings located in the same block on the same side of a street
have provided front yards of greater or less depth than herein required,
the Board of Adjustment may establish setbacks for buildings or structures
constructed hereafter.
3.
Official Line For Future Widening Or Opening Of Street. Where
an official line has been established by the City Council or State
Highway Commission for future widening or opening of a street upon
which a lot abuts, then the depth or width of a yard shall be measured
from such official right-of-way line to the nearest line of the building.
4.
Required Yard Or Court To Be Open — Exceptions. Every
part of a required yard shall be open from its lowest point to the
sky unobstructed, with the following exceptions:
a.
Ordinary projection of sills, belt courses, cornices, chimneys,
buttresses, ornamental features and eaves may extend into a minimum
yard up to but not more than twenty-four (24) inches.
b.
In residential districts, canopies or open porches having a
roof area not exceeding one hundred twenty (120) square feet may project
a maximum of ten (10) feet into the required rear yard.
c.
In residential districts, open, uncovered porches, balconies
and decks may extend into the required front yard or the required
side street yard on a corner lot, up to but not more than eight (8)
feet or one half (1/2) of an existing yard, whichever is less; such
balconies or decks shall not be enclosed with a wall or other structure
that extends more than forty-two (42) inches above the floor or which
is perforated over its entire surface less than twenty-five percent
(25%).
d.
Notwithstanding the previous exceptions, in District "R-1" and
District "R-2" ADA-accessible ramps of wood construction, not enclosed
with a wall or other structure that extends more than forty-two (42)
inches above the ramp floor, and not requiring piers, may extend into
the required front, side and/or rear yards but not closer than five
(5) feet to any property line.
5.
Fire Escapes And Stairways. An open fire escape may project
into a required side yard not more than one-half (1/2) the width of
such yard, but not more than four (4) feet from the building. In non-residential
districts, fire escapes, solid-floored balconies and enclosed outside
stairways may project not more than four (4) feet into a required
rear yard.
6.
Detached Accessory Buildings. In any district, a detached accessory
building may occupy not more than thirty percent (30%) of a rear yard.
7.
Sight Distance On Corner Lots. All corner lots shall provide
sight distance triangles, extending in all directions of vehicle approach,
the short leg of which shall be twenty (20) feet, and the long leg
of which shall be one hundred forty (140) feet measured along the
curb line or edge of the pavement. Such area shall be and remain free
of shrubbery, fences or other obstruction to vision more than two
(2) feet in height measured from the roadway. This requirement shall
not apply to lots in an "R-1A" zoning district if the intersection
in question is a four-way stop.
8.
Rear Yards In Districts "C-1" To "M-2." No rear yard shall be
required in Districts "C-1" to "M-2," 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.
9.
Through Lot With One (1) End Abutting A Limited-Access Highway.
A through lot having one (1) end abutting a limited access highway,
or thoroughfare with no access permitted to that lot from said highway,
shall be deemed to front upon the street which gives access to that
lot.
[R.O. 2012 §400.280; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 89-3-2 §27.06, 3-6-1989; Ord. No. 92-8-5, 8-3-1992; Ord. No.
02-7-6, 7-1-2002; Ord. No. 2011-11-06-05 §2, 6-20-2011; Ord. No. 2011-07-05 §1, 7-5-2011; Ord. No. 12-04 §1, 1-6-2014; Ord.
No. 14-10-04, 10-6-2014; Ord. No. 19-06-01, 6-3-2019; Ord. No. 22-07-01, 7-18-2022]
A.
General.
1.
Any new construction including driveways, driveway ramps, parking
stalls and aisles, including pavement, drainage, landscaping, screen
fencing and lighting, shall conform to these standards and all requirements
of the municipal code. All spaces and driveways must be designed to
function properly. City inspections are required at appropriate times
to ensure that all specifications are met.
B.
Certain Requirements.
1.
If the proposed parking lot plan is a stand-alone project, i.e.,
not associated with building improvements requiring a building permit,
the builder shall obtain a land use permit from the Community Development
Department and/or a right-of-way permit from the Public Works Department
prior to constructing a new or modifying an existing parking lot or
driveway. To obtain a permit, a plan for the project must be submitted
to the Community Development Department and/or the Public Works Department.
2.
Any redesign or reconfiguration to a parking lot, other than
maintenance purposes, requires approval of a land use permit by the
Community Development Department.
3.
Plans for the parking lots shall conform to City standards,
and shall show design for erosion control, grading, paving, striping,
signing, curbing, lighting, landscaping, trash enclosures, drainage
facilities, etc.
C.
Required For All Structures Erected. For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, except in the Central Business District, off-street parking in the form of garages or open areas made available exclusively for that purpose shall be provided. Boundaries of the Central Business District are set out in Subsection (G) below. All parking shall be located entirely on private property with no portion except the necessary drives extending into any street or other public way. Except for those uses listed below, parking spaces shall be provided as set out in Section 400.070 through 400.210. For the following uses off-street parking shall be provided per the table below:
Parking Ratios
| |
---|---|
Use Category
|
Minimum Vehicle Parking Ratio
|
Residential
| |
Elderly Housing
|
1 per 3 dwelling units
|
Group Living
|
1 per 4 dwelling units or 1 per 4 beds
|
Public/Civic
| |
Hospital
|
1 per 3 beds plus 1 per 4 employees
|
Day care, home based
|
None
|
Day care, all other
|
1 per 4 employees
|
Library/museum/cultural
|
2.5 per 1,000 square feet
|
Community center
|
2.5 per 1,000 square feet
|
Religious assembly
|
1 per 3 seats in main assembly area
|
Public safety
|
1 per 4 employees
|
School, elementary/middle
|
1 per 3 employees
|
School, senior high
|
1 per 3 employees plus 1 per 5 students
|
Theaters
|
1 per 2 employees plus 1 per 4 seats
|
Commercial
| |
Veterinary
|
2.5 per 1,000 square feet, not including animal pen areas
|
Animal grooming or boarding
|
2.5 per 1,000 square feet, not including animal pen areas
|
Bar, tavern, nightclub
|
1 per employee plus 1 per 4 seats
|
Restaurant, carry-out or drive-through only
|
2 per business plus 1 per employee
|
Restaurant, fast food or sit-down
|
10 per 1,000 square feet GFA
|
Convenience store, gas station
|
5 per 1,000 square feet GFA
|
Lodging
|
1 per room, plus 1 per employee
|
Vehicle sales and service
|
1 per 1,000 square feet office plus covered display area
|
Motor vehicle repair
|
2 per service bay
|
Industrial
| |
Manufacturing
|
2.5 per 1,000 square feet GFA
|
Warehouse/distribution center
|
2.5 per 1,000 square feet GFA
|
D.
Uses Not Listed. Any use not included in the parking requirements
in this Chapter shall be assigned a parking requirement by the Community
Development Department.
E.
Dimensions Of Parking And Other Paved Areas. Parking stall dimensions
shall not be less than nine (9) by eighteen (18) feet plus the necessary
space for maneuvering into and out of the space. Accessible parking
areas shall follow Americans with Disabilities Act (ADA) specifications
for all dimensions. For parking lots the minimum cross dimensions
shall be as follows:
90 pattern
|
Single loaded aisle — 42 feet
|
90 pattern
|
Double loaded aisle — 60 feet
|
60 pattern
|
Single loaded aisle — 40 feet
|
60 pattern
|
Double loaded aisle — 56 feet
|
45 pattern
|
Single loaded aisle — 34 feet
|
45 pattern
|
Double loaded aisle — 47 feet
|
Parallel space — nine (9) feet X twenty-three (23) feet
each space.
|
Drives to parking areas, service areas, loading docks and other
on-site facilities served by or serving motor vehicles shall not exceed
thirty-five (35) feet in width measured at a point where drive curbs
are generally parallel. Head-in parking, where vehicles use a part
of a public street right-of-way for entering or backing from a parking
space, or where any part of the parked vehicle occupies street right-of-way
shall not be permitted. Residential driveways shall be limited to
thirty (30) feet wide at the back of the right-of-way.
|
F.
Improvement Of Parking Areas. All parking areas and drives, except
as herein provided, shall be ready for use upon occupying a building.
The City may grant an extension by issuing a temporary certificate
of occupancy when weather conditions are not satisfactory for placing
paving materials. All locations of parking lot and driveway accesses
to City streets will be subject to approval by the City on consideration
of sight triangles and setback from intersections. In addition the
following regulations shall apply:
1.
Pavement, Curbs And Marking Standards. Parking lots and driveways
shall be paved with a dust free, all weather surface such as asphaltic
concrete (AC) or Portland Cement Concrete (PCC 4,000 psi minimum)
and meet all of the City's construction standards. The minimum
thickness shall be as follows:
a.
Driveways serving single through four (4) family dwellings shall
be surfaced with either asphalt or concrete as follows:
b.
Parking lots and driveways serving other than single family
through four (4) family dwellings:
c.
In any fill areas where a parking lot is constructed, the sub
grade shall be compacted to ninety-five percent (95%) Maximum Standard
Density and compaction test shall be submitted to the Community Development
Department for verification. In parking lot areas where fire access
lanes are needed, the pavement must be constructed to support the
imposed loads of fire apparatus weighing at least seventy-five thousand
(75,000) pounds. All drives and parking areas shall have curbs (except
those serving one through four (4) family dwellings) and all curbing
shall meet the City's construction standards. All spaces shall
be marked, with disabled spaces having special pavement marking in
each space per ADA guidelines. Directional entrances, loading zones,
and exit aisles shall be signed and marked on pavement.
2.
Alternate Permanent Paving Standards.
a.
The Community Development Department may approve alternatives
to AC or PCC paving on private property. Alternative paving materials,
when installed according to manufacturer's specifications, shall
provide a suitable, all weather, load-bearing surface to support passenger
cars and light duty trucks. Alternative paving materials for driveways
or parking lots serving large commercial vehicles or fire trucks must
be designed to accommodate a maximum vehicle weight of seventy-five
thousand (75,000) pounds. Alternative paving materials over City utility
easements will not be repaired or maintained by the City.
b.
The City may approve such alternative paving to achieve aesthetic
and environmental objectives, such as improved appearance, increased
water percolation, reduced erosion and runoff, increased aeration
and water for tree roots, and increased area available for landscaping,
upon finding that the alternative paving will provide public aesthetics
or environmental benefits, and is equal to or better than ACC or PCC
paving in terms of public safety, performance, strength, quality and
durability. Examples of permanent alternative paving surfaces include,
but are not limited to: interlocking pavers, porous AC and PCC paving,
cobblestone, or other material judged by the City to be of equivalent
performance, strength, quality and durability.
3.
Geometries. The minimum allowable inside vehicle turning radius
in parking and driveway areas shall be twenty (20) feet unless fire
apparatus access is necessary, in which case all dimensions will follow
the International Fire Code or as required by the Fire Department.
Turning radii are not necessarily the radii of curbs around all islands
and other improvements. Parking spaces which back directly onto the
public street shall be set back a minimum of twenty (20) feet from
the back of the right-of-way, regardless of the zoning of the property
to prevent vehicles from parking on the right-of-way. No portion of
any parking space, except driveways for ingress and egress, shall
be permitted on the right-of-way.
4.
Walls, Walkways, Entrances And Wheel Stops. A parking space
facing a wall containing entrances and abutting a walkway to those
entrances must be at least four (4) feet clear of such a wall. A parking
space facing a building wall containing entrances and abutting a walkway
to those entrances must be at least four (4) feet clear of the wall
and must have bollards no less than five (5) feet apart or other barrier
approved by the Community Development Department sufficient to prevent
vehicle incursion into the walkway by a vehicle weighing up to four
thousand five hundred (4,500) pounds and traveling up to thirty (30)
miles per hour. Wheel stops or bollards may be required if the space
is headed into a wall, fence, landscaped area, building, or side of
another auto in addition to curbing.
5.
Overhangs And Encroachments. All parking spaces must be clear
of overhangs and encroachments which might interfere with vehicular
access.
6.
Maneuvering. Parking lots with more than six (6) spaces shall
be designed so that vehicles will exit onto a public street in a forward
direction and with no more than two (2) maneuvers. A maneuver is defined
as each motion in either a forward or backward direction. No space
will be allowed that requires a vehicle to maneuver onto the public
sidewalk in order to exit. All spaces must be designed to enter in
one (1) maneuver. A turnaround may be required if it is considered
unsafe for a vehicle to back into the street. Commercial and industrial
parking lots serving loading zones shall be designed to accommodate
access and circulation movements for on-site truck circulation. The
City may require wider driveways and aisles as determined and warranted.
7.
Slope. Parking spaces shall slope no more than five percent
(5%) in any direction and no less than five percent (5%) in the direction
of drainage. A maximum of ten percent (10%) slope in aisles and turning
areas may be allowed. Any drainage swale of less than one percent
(1%) slope shall be concrete.
8.
Loading Zones. Off-street loading zones shall be a minimum of
twelve (12) feet wide and twenty-five (25) feet long. Loading zones
shall be designed so that trucks parking in them will not encroach
onto the public right-of-way or required parking spaces or driveways.
Loading spaces designed for large trucks shall have appropriately
larger access to allow for maneuvering without encroaching into landscape
areas. Loading zones or areas shall not encroach into fire lanes.
9.
Lighting. All parking lots with more than four (4) parking spaces
shall be lighted to one (1) foot-candle per square foot minimum. All
lighting shall be directed away from adjacent residential homes.
10.
Abandoned Driveways. As a condition of any right-of-way permit,
all abandoned driveways on the same property shall be removed, landscaped
and the curb, gutter and sidewalk properly restored.
11.
All improved parking areas and drives shall be designed with
approved drainage facilities according to City construction standards.
12.
Parking Lot Maintenance. It shall be the duty of the property owner to maintain and repair the parking lot and driveway improvements in accordance with the standards to which they were designed. Such parking areas shall be replaced or resurfaced should they become cracked, broken, or deteriorated to the extent it creates a nuisance according to the Property Maintenance Code. Any expansion or new construction of parking lots or drives shall comply with Section 400.280(F)(1) of this City Code.
13.
Common Access Driveways. Common access driveways may be permitted
in new subdivisions where a common driveway is proposed as part of
the subdivision approval. The driveway must meet all applicable codes
for the location of the drive and it must be determined that there
is no significant potential for conflict between the parties sharing
the driveway because of its location, length, grade, usage, or other
characteristics.
a.
For Residential Use. Before granting any permit authorizing
the construction of a common access driveway or structures to be served
by said driveway, the City shall require an easement to be filed with
the County recorder setting forth driveway usage rights and responsibilities
for each parcel served. At minimum, the required easement shall include
the following statements:
(1)
All Affected property owners will be jointly responsible
for the improvement and maintenance of all parts of the common access
driveway.
(2)
All parking on the commonly used portions of the
driveway is prohibited.
(3)
If the easement is abandoned or dissolved, each
lot previously served by the common access driveway shall be provided
with standard access as required by these regulations.
The driveway shall serve no more than four (4) residential units
unless special circumstances warrant the grant of an exception by
the Community Development Department.
|
b.
For Commercial And Industrial Use. Before granting any permit
authorizing the construction of any common access driveway to serve
the premises zoned or used for commercial or industrial purposes,
the Community Development Department may impose the requirements listed
above for residential uses as well as any additional requirements
or conditions it deems necessary or appropriate.
14.
In Districts "R-1" to "R-5" inclusive, no parking shall be permitted
in the required front yard or within ten (10) feet of a public street
right-of-way, except that parking of motor passenger cars shall be
permitted in customary driveways of single and two-family dwellings.
No driveway or parking shall be permitted within six (6) feet of an
adjoining lot line beyond the front building line.
15.
In District "C-O" no parking area in a front yard shall extend
closer than ten (10) feet to the public or private street right-of-way,
and no parking area in a side yard of a corner lot shall extend closer
than four (4) feet to a street right-of-way. In Districts "C-1" to
"M-2" no parking area shall extend closer than four (4) feet to a
street right-of-way, measured to the back of the curb of the parking
area.
16.
Where greater setback requirements do not prevail, the back
of the curb of a paved parking area shall be no closer than four (4)
feet to a property line, except that in a Planned Zoning District,
the Planning Commission and Council may permit a lesser setback where
similar development on an adjoining lot will produce a satisfactory
relationship.
17.
Screening And Landscaping. All open automobile parking areas
in Districts "C-O" to "M-2" containing more than four (4) parking
spaces shall be effectively screened on each side adjoining or fronting
on any residential or institutional property by a wall or fence not
less than five (5) feet high nor more than six (6) feet high. The
area between such wall and or fence shall be landscaped. In all parking
lots, planting areas shall be generally provided at the end of each
row of parking. Landscape areas shall have a minimum width dimension
of four (4) feet, except those areas with trees shall be a minimum
of eight (8) feet wide. Landscape areas shall be defined by concrete
curbing. Landscaped areas defining ends of rows shall extend to the
minimum inside turn radius. A minimum of five percent (5%) of the
parking surface shall be committed to landscaping. All landscaped
areas shall be maintained and all dead plants shall be replaced as
necessary. All irrigation in landscaped areas must have backflow control
devices.
18.
Land areas used for the storage, display, temporary keeping
of mobile equipment shall be surfaced in a manner deemed adequate
by the Community Development Department. The criteria used to determine
surfacing requirements will depend upon the incidence of dust, erosion,
maintenance, appearance, surface water ponding, length of time and
intensity of use.
19.
Lots in existing subdivisions in which paved driveways were/are
not required, MAY be exempt from the requirement in the following
instances:
a.
Where the majority of the lots which contain residential structures,
exclusive of the frontage, do not have paved driveways, the owner
shall have the option to pave the driveways with concrete or asphalt
as part of a home improvement that does not include a new garage or
garage addition. Driveways shall be installed with concrete or asphalt
as part of a home improvement that includes a new garage or a garage
addition. If any existing gravel driveway in a residential or commercial
area is extended or replaced, it shall be replaced with concrete or
asphalt.
b.
Where an existing residential structure with an unpaved driveway
abuts a subdivision where a majority of the driveways are already
paved, the owner shall be required to pave the driveway as part of
a home improvement project that includes a new garage or a garage
addition.
c.
In older areas or where lots of more than one (1) acre exists,
the owner shall pave the first fifty (50) feet of a driveway, such
fifty (50) foot section to originate at the street with concrete or
asphalt.
G.
Drive-In And Drive-Through Stacking Distance Requirements. Drive-in
and drive-through restaurant facilities shall provide a minimum stacking
distance of one hundred sixty (160) feet, of which eighty (80) feet
shall be provided to the menu board, exclusive of any aisle or parking
space. Minimum pavement lane width shall be twelve (12) feet, which
shall not include width of curbing. The following requirements shall
be followed in determining minimum stacking length:
Type of Operation
|
Minimum No. of Vehicles
|
---|---|
Financial institution w/drive-up teller
|
4 vehicles/window or kiosk
|
Financial Institution w/drive-up ATM
|
2 vehicles/window or kiosk
|
Car wash — self service or automatic
|
4 vehicles/bay at entrance, 1 vehicle/bay at exit
|
Eating places with drive-through service
|
4 car lengths behind menu board, 4 car lengths behind first
window
|
Dry cleaning
|
2 vehicles/window
|
Gas stations
|
2 vehicles/pump
|
H.
Boundaries Of Central Business District. Point of Beginning: Northeast
corner of St. Louis Avenue and Elms Boulevard thence north along west
side of Thompson Avenue to northwest corner of St. Louis Avenue and
Thompson Avenue. North along west side of Thompson to and north between
City Block 100 and Lot 1 of H.C. Fish Addition: North between Lots
2 and 3 of Block 15 of Craven's Addition to South Street, due
north through alley to Fishing River southwesterly along Fishing River
then north between City Blocks 38 and 35 to Broadway then following
west lot line of Lot 1, Block 2 to alley then east, north between
Lots 2 and 3, Block 19 of Western and Southern Addition, then east
along north lot line of Lot 2 of Block 8 of Western and Southern Addition;
south along west side of Thompson Avenue, east through alley between
Excelsior Street and Broadway; north at the middle point of Marietta
Street, then east at north side of Bluff Street; south at the middle
point of Elizabeth Street; east along north side of Excelsior Street;
south along east side of Penn Street to alley between E. Excelsior
Street and E. Broadway Avenue east to the east edge of Frederick Kugler's
Addition Lot 32 Block 8 then south to E. Broadway then south along
east lot line of Lot 37, Block 10, Kugler Addition, City Block 80,
then due west along south lot lines of McMullin and Broadway Additions
then south at east side of City Block 65 following east lot line of
City Blocks 68, 69, 70, and 71 to east side of Main Street, then south
to Fishing River — following Fishing River north bank southwesterly
to west side of Marietta Street, then north to south side of River
Street to northwest corner of Lot 5, Block 34 of Southerly Addition,
then following east bank of Fishing River south to fork then southwest
to Isley Boulevard; northwest along south side of Isley to the Point
of Beginning.
[R.O. 2012 §400.290; Ord. No. 88-5-5 §§I — III, 5-16-1988; Ord. No. 93-6-6 §400.2909, 6-7-1993; Ord.
No. 22-07-01, 7-18-2022]
A.
All plans submitted in support of a building permit application,
except for single-family and two-family dwellings and excluding buildings
in District "C-2" and "C-3," except in the case of "C-3" when a special
use permit has been obtained for an adult entertainment establishment,
shall hereafter include a landscape plan, and include screening where
appropriate. All land areas which are to be unpaved or not covered
by buildings shall be brought to finished grade, planted to grass
or other ground cover and receive trees and shrubs in reasonable quantity
and size except that where a planting area between paved areas is
six (6) feet or less in width, ornamental rock or other similar ground
cover may be permitted That area between the curb of the public street
and the property line shall likewise be brought to finish grade and
grass and shade trees installed. In no case may this area be paved
or covered with materials other than grass except at approved driveways
which shall be paved.
1.
Purpose. The purpose of such landscaping is to provide greenery
to visually soften paved areas and buildings, provide shade, give
maximum absorption of surface water and generally enhance the quality
and appearance over the entire area of the project.
2.
Trash Enclosures Required. All multi-family residential projects
and all commercial, office and industrial projects shall include,
on the landscape plan, a detailed drawing of enclosure and screening
methods to be used in connection with trash bins on the property.
No trash bin shall be visible from off the property and a permanent
masonry or frame enclosure shall be provided for each such bin. All
landscaping and screening shall be in place prior to issuance of final
occupancy permit. All plant materials and screen fences shall be maintained,
kept in a healthy and attractive state and dead plants replaced promptly.
Lack of such maintenance and replacement shall be deemed a violation
of plans approved pursuant to this Chapter. All landscape plans shall
be submitted to the Community Development Department for review and
approval as to adequacy prior to the issuance of a building or land
use permit.
[Ord. No. 19-08-01, 8-2-2019]
A.
Purpose
And Intent.
1.
Medical marijuana facilities are hereby acknowledged to be lawful
under Article XVI, Section 1 of the Missouri Constitution and to have
special characteristics and impacts upon their surroundings, and upon
the use and enjoyment of adjacent properties.
2.
It is the purpose and intent of these regulations to provide for
the location of medical marijuana facilities in the areas within which
the special characteristics and impacts are judged to be compatible
with other permitted uses and be the least disruptive to the use and
enjoyment of adjacent properties and neighborhoods.
3.
These regulations are further intended to require that medical marijuana
facilities shall not be permitted to locate in such concentration
that their operational features may establish the dominant character
of any commercial area or to be a blighting influence on the surrounding
neighborhood(s).
4.
The special regulation of medical marijuana facilities is deemed
to be necessary to ensure that the special characteristics and impacts
of such uses will not contribute to the blighting or degradation of
surrounding neighborhoods, whether residential or non-residential
by location or concentration and to ensure the stability of such neighborhoods.
5.
These regulations are further intended to protect and balance the
lawful rights to produce and dispense medical marijuana with the lawful
rights to the enjoyment and use of property.
6.
These regulations are necessary to protect the health, safety, morals
and general welfare of the residents of the City of Excelsior Springs,
Missouri.
B.
Definitions.
The words and phrases when used in this Section shall have the meaning
set out under Article XVI, Section 1 of the Missouri Constitution
and the Regulations of the Missouri Department of Health and Senior
Services.
C.
General
Requirements.
1.
All medical marijuana facilities shall comply with all provisions
of the Excelsior Springs Municipal Code; including International Building,
Electrical, Gas, Plumbing and Fire Codes as adopted and amended by
the City.
2.
All medical marijuana facilities shall comply with the requirements
of the Zoning District in which the facility is located.
3.
All medical marijuana facilities shall be properly licensed by the
Missouri Department of Health and Senior Services and shall comply
with all regulations and orders of the Department at all times.
D.
Conditions.
1.
A Medical Marijuana Dispensary Facility shall be located only in
a "C-2" General Business District, "C-3" Service Business District,
or "M-1'' Light Industrial District. Medical Marijuana Testing Facilities,
Transportation Facilities, Infused Products Manufacturing Facilities
and Cultivation Facilities shall be located only in the "M-1" Light
Industrial and "M-2" General Industrial Districts.
2.
No medical marijuana facility shall be permitted to locate within
one thousand (1,000) feet of any religious institution, school, or
licensed day-care or youth facility. In the case of a freestanding
facility, the distance between the facility and any religious institution,
school, or licensed day-care or youth facility shall be measured from
the external wall of the facility structure closest in proximity to
the religious institution, school, or licensed day-care or youth facility
to the closest point of the property line of the religious institution,
school, or licensed day-care or youth facility. If the religious institution,
school, or licensed day-care or youth facility school, day-care is
part of a larger structure, such as an office building or strip mall,
the distance shall be measured to the entrance or exit of the religious
institution, school, or licensed day-care or youth facility closest
in proximity to the facility.
In the case of a facility that is part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the religious institution, school, or licensed day-care
or youth facility shall be measured from the property line of the
religious institution, school, or licensed day-care or youth facility
to the facility's entrance or exit closest in proximity to the religious
institution, school, or licensed day-care or youth facility. If the
religious institution, school, or licensed day-care or youth facility
is part of a larger structure, such as an office building or strip
mall, the distance shall be measured to the entrance or exit of the
religious institution, school, or licensed day-care or youth facility
closest in proximity to the facility.
Measurements shall be made along the shortest path between the
demarcation points that can be lawfully traveled by foot.
3.
No medical marijuana facility shall be permitted to locate within
one hundred (100) feet of any single-family residential zoning district.
Such distance shall be measured in a straight line without regard
to intervening properties from the closest exterior structural wall
of the medical marijuana facility to the closest property line of
the single-family residential zoning district.
4.
No medical marijuana facility shall be permitted to locate within
one thousand (1,000) feet of another lawfully existing medical marijuana
facility. Such distance shall be measured in a straight line without
regard to intervening properties from the closest exterior structural
wall of the medical marijuana facility to the closest property line
of the other medical marijuana facility.
5.
No medical marijuana facility shall be permitted to locate in a building
that contains a residential dwelling.
6.
Medical marijuana dispensaries are prohibited from having drive-through
services.
7.
Medical marijuana dispensaries may operate only between the hours
of 8:00 a.m. and 9:00 p.m., Monday through Sunday.
8.
A medical marijuana facility shall not operate so as to emit an offensive,
noxious, unhealthy or disagreeable odor, or release any substance
emitting an offensive, noxious, unhealthy or disagreeable effluvium
in the neighborhood where it exists.
9.
Liquid waste and wastewater generated during medical marijuana production
and processing shall not be discharged into the Excelsior Springs
sanitary sewer system.
10.
Solid waste generated during medical marijuana production and processing shall be stored and disposed of in accordance with Sections 245.030 through 245.080 of the Excelsior Springs Municipal Code and the regulations of the Department. Solid waste shall not be disposed of in solid waste containers provided by the City.
11.
No production, dispensing or use of medical marijuana shall take
place outside of the establishment either wholly or partially.
12.
The medical marijuana facility shall be limited to one (1) wall-mounted
sign no greater than one (1) square foot of sign per linear foot of
wall length, not to exceed a total of fifty (50) square feet; said
sign shall not flash, blink, or move by mechanical means, and shall
not extend above the roof line of the building.
13.
No merchandise or pictures of products may be displayed in any area
where it may be viewed from outside of the establishment.
14.
Each application for a business license for a medical marijuana facility in accordance with Section 605.010 shall include a site plan. The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger and shall include, as a minimum, the following information:
a.
The site plan shall delineate the property lines of the proposed
project, and shall indicate the Zoning District classification and
present use of the proposed project site and for abutting properties.
b.
The site plan shall delineate existing rights-of-way and easements.
c.
The site plan shall delineate the general location and width of all
existing streets and public rights-of-way and easements.
e.
The site plan shall delineate the location and number of parking
spaces required in the District in which the facility is located.
g.
The site plan shall show that the measurements from the building
to surrounding structures and property lines comply with this Section.