[R.O. 2004 § 405.060; Ord. No. 2.56 § 2(Art. 3 § 2), 1-9-2001; Ord. No. 2.177 § 1, 5-26-2015]
The jurisdictional area is hereby
divided into thirteen (13) zoning districts which are designated as
follows:
"A-R" Agricultural-Residential District
"R-1" Single-Family Residential District
"R-2" Two-Family Residential District
"R-3" Multifamily Dwelling District
"MP" Manufactured Home Park Residential
District
"B-1" Light Commercial District
"B-1A" Commercial/Residential Mixed-Use
District
"B-2" Central Business District
"B-3" General Business District
"MU-1" 600 N. Main Mixed-Use District
"M-1" Light Industrial District
"M-2" Heavy Industrial District
"PD" Planned Development District
[R.O. 2004 § 405.070; Ord. No. 2.56 § 2(Art. 3 § 3), 1-9-2001; Ord. No. 2.65 §§ 1 — 2, 10-9-2001]
A.
The boundaries of the zoning districts
which are shown on the Official Zoning District Map of the City of
Mount Vernon, Missouri, which is filed in the office of the City Clerk,
with all notations, references and other information shown thereon,
is hereby approved and adopted; and such map shall be known as the
"Official Copy of the City of Mount Vernon, Missouri, Zoning Map 2016."
[Ord. No. 2.179, 3-22-2016]
B.
It shall be the duty of the Mount Vernon
City Clerk to keep on file in the Clerk's office the original of said
Zoning District Map; and duplicate copies thereof, showing all the
changes, amendments or additions thereto, shall be kept on file in
the office of the City Clerk.
[R.O. 2004 § 405.080; Ord. No. 2.56 § 2(Art. 3 § 4), 1-9-2001]
A.
Where uncertainty exists with respect to
the boundaries of the various districts as shown on the Official Zoning
District Maps incorporated herein, the following rules apply:
1.
The district boundaries are the center
lines of streets, alleys, waterways and railroad rights-of-way, unless
otherwise indicated; and where the designation of a boundary line
on the Zoning Map coincides with the location of a street, alley,
waterway or railroad right-of-way, the center line of such street,
alley, waterway or railroad right-of-way shall be construed to be
the boundary line of such district.
2.
Where the district boundaries do
not coincide with the location of streets, waterways or railroad rights-of-way
but do coincide with lot lines, such lot lines shall be construed
to be the boundary of such district.
3.
Where none of the above rules apply,
the district boundaries shall be determined by the use of the scale
shown on the Zoning Map.
[R.O. 2004 § 405.090; Ord. No. 2.56 § 2(Art. 3 § 5), 1-9-2001]
A.
The following structures and uses shall
be exempt from the provisions of these regulations:
1.
Poles, wires, cables, conduits, vaults,
laterals, pipes, mains, valves or other similar equipment for the
distribution to consumers of telephone or other communications, electricity,
gas or water or the collection of sewage or surface water operated
or maintained by a public utility but not including substations located
on or above the surface of the ground.
2.
Railroad tracks, signals, bridges
and similar facilities and equipment located on a railroad right-of-way
and maintenance and repair work on such facilities and equipment.
3.
Agriculture as defined by these regulations.
In the event that any structure or land ceases to be used only for
agriculture, then such structure or land shall be subject to the applicable
regulations of these regulations.
4.
Retaining walls on public property.
5.
Public signs.
[R.O. 2004 § 405.100; Ord. No. 2.56 § 2(Art. 3 § 6), 1-9-2001]
No structure or land shall hereafter
be used or occupied and no structure or part thereof shall hereafter
be erected, constructed, reconstructed, moved or structurally altered
except in conformity with these regulations.
[R.O. 2004 § 405.110; Ord. No. 2.56 § 2(Art. 3 § 7), 1-9-2001; Ord. No. 2.103 § 1, 3-22-2005]
A.
Annexation Under Section 71.012, RSMo.
A petition for annexation must be signed by the owners of all the
fee interests of record in all the tracts of real property located
within the area proposed to be annexed or must be signed under the
authority of the Governing Body of any common interest community and
approved by a majority vote of unit owners located within the area
proposed to be annexed. The petition shall be presented to the City
Clerk and must comply with the following:
1.
The petition shall be submitted in
writing and addressed to the Board of Aldermen of the City of Mount
Vernon, Missouri.
2.
The territory to be annexed must
be contiguous and compact to the existing corporate limits of the
City of Mount Vernon, Missouri.
3.
The intended land use and desired
zoning designation must be stated on the petition.
4.
The petition must be verified.
B.
Duties Of The City Of Mount Vernon, Missouri.
1.
Once the petition is filed with the
City Clerk, the City must hold a public hearing.
2.
The public hearing must be held within
sixty (60) days of the filing of the petition, but it cannot be held
less than fourteen (14) days after the receipt of the petition.
3.
The hearing shall be scheduled by
the City Clerk so as to allow the petition to first be presented to
the City Planning and Zoning Commission for consideration and recommendation
to the Board of Aldermen. The City Zoning Administrator will post
a notice in a newspaper of general circulation giving the place and
time when the Commission will review the petition.
4.
Notice of the hearing must be published
at least seven (7) days prior to the public hearing. The notice must
be published in a newspaper of general circulation qualified to publish
legal notices.
5.
The hearing shall be held by the
Board of Aldermen on the date and at the time specified in the published
notice.
C.
Hearing On The Petition.
1.
Any interested person, corporation
or political subdivision may appear and present evidence on the proposed
annexation when it is presented to the Planning and Zoning Commission
and may also appear and present evidence on the proposed annexation
at the public hearing held before and by the Board of Aldermen.
2.
Any written objection to the annexation
must be filed not later than fourteen (14) days after the public hearing
and must be signed by at least two percent (2%) of the qualified voters
from within the City limits of the City of Mount Vernon, Missouri,
or two (2) qualified voters from the area to be annexed.
D.
Annexation (If No Objection).
1.
If, after the public hearing, the
Board of Aldermen of the City of Mount Vernon, Missouri, determines:
2.
Three (3) certified copies of the
annexation ordinance must be filed with the Lawrence County Assessor
and the County Clerk, and one (1) certified copy to be filed with
the election authority, if different from the Clerk of the county
which has jurisdiction over the area being annexed, whereupon the
annexation shall be complete and final and thereafter all courts of
this state shall take judicial notice of the limits of the City as
so extended.
E.
Annexation (If Written Objection). If a
written objection to the proposed annexation is filed with the Board
of Aldermen not later than fourteen (14) days after the public hearing
by at least five percent (5%) of the qualified voters of the City
or two (2) qualified voters of the area sought to be annexed if the
same contains two qualified voters, the provisions of Sections 71.015
and 71.860 to 71.920, RSMo., shall be followed.
[R.O. 2004 § 405.120; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.142 §§ 1
— 2, 4-27-2010]
A.
Intent. It is the intent of this district
to protect agricultural uses and future urban growth areas through
control of density, land use and land coverage.
B.
Permitted Uses. Generally, agricultural and rural residential uses are permitted on parcels greater than fifteen (15) acres. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
D.
Intensity Of Use Regulations.
1.
Minimum Lot Area. Fifteen (15) acres.
A residence shall be permitted on an agricultural tract for those
owning or operating the premises or for those employed thereon, provided
that there is ten thousand (10,000) square feet or more for each residence,
except that a residence shall be permitted on a lot of record, provided
the lot can meet minimum standards for sewage treatment.
2.
Minimum Lot Width. The minimum lot
width for residential uses shall be three hundred thirty (330) feet.
No minimum lot width is required for non-residential uses.
E.
Height Regulations. Maximum structure height,
thirty-five (35) feet.
[R.O. 2004 § 405.130; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]
A.
Intent. The intent of this district is
to provide for low-density residential development, including those
uses that reinforce residential neighborhoods and to allow certain
public facilities.
B.
Permitted Uses. Generally, single-family dwellings, parks, educational and religious uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
E.
Height Regulations. Maximum structure height,
thirty-five (35) feet.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
1.
Front Yard. Thirty (30) feet.
2.
Side Yard. Eight (8) feet; structures
on corner lots shall provide a side yard on the street side of not
less than fifteen (15) feet or the established front yard setback
of the adjoining residential structure fronting on the same side street,
whichever is greater.
3.
Rear Yard. Twenty-five (25) feet
or twenty percent (20%) of depth, whichever is smaller.
[R.O. 2004 § 405.140; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.79 § 1, 2-25-2003]
A.
Intent. The intent of this district is
to provide for low to moderate density residential development, including
two-family and higher density single-family dwellings, in a manner
which will encourage a strong residential neighborhood.
B.
Permitted Uses. Generally, two-family dwellings, single-family dwellings, parks, educational and religious uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article III.
1.
Minimum Lot Area. Ten thousand (10,000)
square feet for single-family dwellings and five thousand (5,000)
square feet per dwelling unit for two-family dwellings and twin homes.
2.
Minimum Lot Width. Sixty (60) feet;
single-family dwellings located on a corner lot shall not be less
than seventy-five (75) feet and two-family dwellings located on a
corner lot shall not be less than eighty (80) feet. Twin home lots
shall be fifty (50) feet, and seventy-five (75) feet for a corner
lot.
3.
Lot Coverage. The combined area of
the main building and accessory buildings shall not cover more than
forty percent (40%) of the total area of the lot.
E.
Height Regulations. Maximum structure height,
thirty-five (35) feet.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
1.
Front Yard. Thirty (30) feet.
2.
Side Yard. Eight (8) feet; structures
on corner lots shall provide a side yard on the street side of not
less than fifteen (15) feet or the established front yard setback
of the adjoining residential structure fronting on the same side street,
whichever is greater.
3.
Rear Yard. Twenty-five (25) feet
or twenty percent (20%) of depth, whichever is smaller.
[R.O. 2004 § 405.150; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]
A.
Intent And Purpose Of District. The "R-3"
Multifamily Dwelling District is intended for the purpose of allowing
high-density residential land use with the commingling of compatible
single-family and two-family dwellings, apartments, home occupations,
community facilities and certain uses, yet retain the basic residential
quality.
B.
Permitted Uses. Single-family, two-family and multifamily dwellings, nursing homes and boardinghouses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
D.
Intensity Of Use Regulations. Except as modified by the provisions of Article III, all dwellings hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:
1.
Minimum Lot Area.
a.
A lot on which there is erected a
single-family dwelling shall contain an area of not less than seven
thousand five hundred (7,500) square feet.
b.
A lot on which there is erected a
two-family dwelling shall contain an area of not less than five thousand
(5,000) square feet per family.
c.
A lot on which there is erected a
multifamily dwelling shall contain an area of not less than ten thousand
(10,000) square feet or two thousand five hundred (2,500) square feet
per family, whichever area is the larger, except that this regulation
shall not apply to dormitories or rooming and lodging houses where
no cooking is done in individual rooms or apartments. The Board of
Adjustment may increase the intensity of use for multifamily dwellings
by one (1) residential unit if all of the following conditions can
be met:
2.
Minimum Lot Width.
a.
No lot on which a single-family dwelling
is located shall be less than sixty (60) feet in width; corner lots
shall be not less than seventy-five (75) feet in width. Minimum width
for twin home lots shall be fifty (50) feet, and seventy-five (75)
feet for a corner lot.
b.
No lot on which a two-family dwelling
is located shall be less than sixty (60) feet in width; corner lots
shall be not less than eighty (80) feet in width.
c.
No lot on which a multifamily dwelling
is located shall be less than seventy-five (75) feet in width; corner
lots shall be not less than eighty (80) feet in width. For each additional
story over two (2), there shall be an additional twenty-five (25)
feet of lot width.
3.
Lot Coverage. The combined area of
the main building and accessory buildings of multifamily uses shall
not cover more than fifty percent (50%) of the lot area.
E.
Height Requirements. Except as modified by the provisions of Article III.
1.
The maximum height of single-family
dwellings shall be the same as specified in the "R-1" District.
2.
The maximum height of two-family
dwellings shall be the same as specified in the "R-2" District.
3.
The maximum height for multifamily
dwellings and non-residential uses shall be thirty-five (35) feet.
The Planning and Zoning Commission, after receiving the recommendation
of the Mount Vernon Fire Chief, may allow the height of a multifamily
dwelling to exceed thirty-five (35) feet. In no instance, however,
shall the height of any multifamily dwelling exceed forty-five (45)
feet.
F.
Yard Requirements. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
1.
Front Yard. Thirty (30) feet.
2.
Side Yard. Single-family and two-family
dwellings shall maintain a side yard setback of not less than five
(5) feet. Multifamily dwellings shall maintain a side yard setback
of not less than seven (7) feet. Structures on corner lots shall provide
a side yard on the street side of not less than fifteen (15) feet
or the established front yard setback of the adjoining residential
structure fronting on the same side street, whichever is greater.
3.
Rear Yard. There shall be a rear
yard for structures in this district which shall have a depth of not
less than twenty-five (25) feet or twenty percent (20%) of the depth
of the lot, whichever is smaller.
H.
Parking Regulations. Off-street parking is not required in this district for existing residential structures. Any new structures and any structure converted to multifamily residences shall comply with the requirements of Article IV, Off-Street Parking and Loading Regulations.
J.
Use Limitations. Multifamily dwelling developments shall be subject to the requirements and procedures of Article X, Site Plan Review.
K.
Minimum Floor Area. Multifamily residential
units shall have a minimum of five hundred seventy-five (575) square
feet of private, habitable floor area per family, provided there are
common activity areas such as laundry areas, and eight hundred sixty-five
(865) square feet per family provided there are no common activity
areas.
[R.O. 2004 § 405.160; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]
A.
Intent. It is the intent of this district
to provide low to medium density manufactured home park development
which is compatible with the character of the surrounding neighborhood
in which it is located. Manufactured home parks are considered a residential
use and should be located in areas where services and amenities are
available such as those found in conventional residential areas.
E.
Height Regulations. Maximum structure height,
twenty (20) feet.
F.
General Regulations.
1.
Minimum Design Standards. Each manufactured
home park shall be designed in accordance with all City codes and
to the following minimum design standards:
a.
The park shall be located on a well-drained
site, properly graded to insure rapid drainage and freedom from stagnant
pools of water.
b.
Manufactured home parks hereafter
approved shall have a maximum density of eight (8) manufactured homes
per gross acre and a minimum area of four thousand (4,000) square
feet shall be provided for each manufactured home space.
c.
Each manufactured home space shall
be at least forty (40) feet wide and be clearly defined.
d.
All manufactured homes and additions
thereto shall be so located to maintain a clearance of not less than
twenty (20) feet from another manufactured home; provided, however,
that with respect to manufactured homes parked end-to-end, the end-to-end
clearance shall not be less than fifteen (15) feet. In addition, all
manufactured homes and additions thereto shall be so located to maintain
a clearance of twenty-five (25) feet from any permanent structure
within the park.
e.
All manufactured home spaces shall
front upon a private roadway of not less than twenty-five (25) feet
in width, including curbs on each side; provided, however, that no
on-street parking is permitted. If parallel parking is permitted on
one (1) side of the street, the width shall be increased to thirty
(30) feet and if parallel parking is permitted on both sides of the
street, the width shall be increased to thirty-six (36) feet. All
roadways shall have unobstructed access to a public street.
f.
Off-street parking areas shall be provided in all manufactured home parks. Such off-street parking areas shall provide sufficient parking spaces for a minimum of two (2) cars per manufactured home within the manufactured home park. Off-street parking areas may be provided on individual manufactured home spaces provided that the off-street parking area is improved as required in Article IV, and the off-street parking area surface is not less than ten (10) feet from the nearest adjacent manufactured home space.
g.
All roadways and sidewalks within
the manufactured home park shall be of all-weather surfacing and shall
be adequately lighted at night.
h.
A community structure may be provided
which may include recreation facilities, laundry facilities and other
similar uses.
i.
The perimeter of all manufactured
homes shall be fully skirted.
j.
Sidewalks shall be required on one
(1) side of all streets.
k.
Landscaping shall be shown on the
development plan. The perimeter of each manufactured home space shall
be surrounded by a landscaped strip of open space twenty-five (25)
feet wide along all lot lines and streets or highways.
l.
All roadways shall meet the design
standards as adopted by the City for private streets in manufactured
home parks.
m.
A structure permit for the park shall
be obtained before moving a manufactured home into an "MP" District.
2.
Water Supply.
3.
Required Recreation Areas.
a.
In all manufactured home parks accommodating
or designed to accommodate twenty-five (25) or more manufactured homes,
there shall be one (1) or more recreation areas that shall be easily
accessible to all park residents.
b.
The size of such recreation areas
shall be based upon a minimum of one hundred (100) square feet for
each lot within the manufactured home park. No outdoor recreation
area shall contain less than two thousand five hundred (2,500) square
feet.
c.
Recreation areas shall be so located
as to be free of traffic hazards and should, where the topography
permits, be centrally located.
d.
The required recreational area(s)
within the manufactured home park shall contain playground equipment
or other recreational facilities as approved by the Planning and Zoning
Commission. The cost of purchasing and installing said recreational
equipment shall be paid for by the developer of the manufactured home
park.
e.
The maintenance of recreation area(s)
and equipment within each manufactured home park shall be paid for
by the owner of the manufactured home park.
4.
Sewage Disposal. Each manufactured
home park shall be connected to the City or County central sanitary
sewer system or to another central sewage system as approved by the
Missouri Department of Natural Resources. Each manufactured home space
within a manufactured home park shall be connected to and served by
the central sanitary sewer system serving the manufactured home park.
5.
Tie-Downs And Ground Anchors. All
manufactured homes shall be secured to the ground by tie-downs and
ground anchors in accordance with the Manufactured Home and Recreational
Vehicle Code.
6.
Electrical. Each manufactured home
space shall be provided with an individual electrical outlet supply
which shall be installed in accordance with the Building Codes of
the City and requirements of the electric supplier.
7.
Gas. Natural gas hookups, when provided,
shall be installed in accordance with the Building Codes of the City
and the regulations of the gas supplier.
8.
Refuse And Garbage Handling. Storage,
collection and disposal of refuse in a park shall be in accordance
with City Code.
9.
Blocking. All manufactured homes
shall be blocked at a maximum of ten-foot centers around the perimeter of each manufactured
home in accordance with the Manufactured Home and Recreational Vehicle
Code and in accordance with the manufacturer's guidelines.
10.
Pad Requirements. Shall be a flexible
surface with a minimum of five (5) inch thick gravel, stone or compacted
surface, treated to discourage plant growth, constructed to discharge
water and edged to prohibit fraying or spreading of surfacing materials;
or shall be of a hard surface of a minimum of two (2) eighteen (18)
inch wide concrete ribbons or slabs capable of carrying the weight
and of sufficient length to support all blocking points of the manufactured
home.
G.
Application Requirements.
1.
An applicant for "MP" Manufactured
Home Park District shall prepare or cause to be prepared a preliminary
manufactured home park plan drawn to a scale of not less than one
(1) inch equals one hundred (100) feet and three (3) copies of said
plan shall be submitted to the Planning and Zoning Commission for
its review and recommendations. Said plan shall be designed in accordance
with the minimum design standards herein and shall include the following:
2.
Upon approval of the preliminary
manufactured home park plan by the Planning and Zoning Commission,
the applicant shall prepare and submit a final plan that shall incorporate
any changes or alterations requested. The final plan and the Planning
and Zoning Commission recommendation shall be forwarded to the Board
of Aldermen for their review and final action.
3.
Any substantial deviation from the
approved plan, as determined by the Zoning Administrator, shall constitute
a violation of these regulations. Changes in plans shall be resubmitted
for reconsideration and approval by the Planning and Zoning Commission
and Board of Aldermen prior to the occupancy of the manufactured home
park.
4.
Construction of an approved manufactured
home park shall begin only after the use permit has been granted by
the Board of Aldermen.
[R.O. 2004 § 405.170; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 1, 2-26-2008; Ord. No. 2.159 § 1, 7-23-2013]
A.
Intent. The intent of this district is
to permit a mix of office and light industrial uses that are not obnoxious
due to appearance, noise, emissions or odor and do not generate large
volumes of vehicular traffic, as well as limited retail commercial
uses that support or complement the office and light industrial activities.
Uses within this district shall not require intensive land coverage
and shall be compatibly developed with adjacent districts through
site plan review.
B.
Permitted Uses. Generally, light manufacturing, wholesaling, trucking and warehousing uses as well as office uses are permitted. In addition, limited retail and service uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
E.
Height Regulations. Maximum height of structure,
thirty-five (35) feet if within one hundred fifty (150) feet of a
residential zone; seventy-five (75) feet if more than one hundred
fifty (150) feet from residential zone.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
1.
Front Yard. Twenty-five (25) feet.
2.
Side Yard. Twenty (20) feet and no
less than forty (40) feet when abutting a street or residential district.
3.
Rear Yard. Twenty-five (25) feet
or twenty percent (20%) of depth, whichever is smaller, unless said
rear yard abuts a residential zoning district in which case the minimum
rear yard setback shall not be less than forty (40) feet.
J.
Use Limitations.
1.
The development of each "B-1" District
shall provide screening and buffering improvements to minimize impacts
of unlike land uses on one another.
2.
For single-lot developments, a site
plan must be submitted that indicates how the development accommodates
and relates to adjacent development.
3.
All storage of materials, products
or equipment, except those related to or used for agricultural research,
testing and/or analysis purposes, shall be within a fully enclosed
building or in an open yard so screened that the materials stored
are not clearly visible within one thousand (1,000) feet of the property
line. Where topographic conditions make effective screening impractical,
the Planning and Zoning Commission may make variances as they deem
advisable.
4.
A solid or semisolid fence or wall
at least six (6) feet, but not more than eight (8) feet, high and
having a density of not less than seventy percent (70%) per square
foot shall be provided adjacent to an adjoining residential district
unless the adjacent residential district and the industrial district
are separated by a street right-of-way. Said fence or wall shall be
maintained in good condition by the owner or owners of the property
in the "B-1" District.
5.
No structure shall be used for residential
purposes except that a watchman may reside on the premises.
6.
All operations shall be conducted
within a fully enclosed building.
7.
Industrial wastes shall be of such
a quantity and nature as to not overburden the public sewage disposal
facilities as to cause odor and unsanitary effects beyond the property
line.
8.
A private street network shall be
allowed where comprehensive control of a large industrial site is
required for safety or security reasons and where no unsecured access
to the site is afforded the public.
[R.O. 2004 § 405.175; Ord. No. 2.159 § 2, 7-23-2013]
A.
Intent. The intent of this district is
to permit a mixed use of residential, retail, commercial, professional,
office and cottage industry that blend well with residential property
that is not obnoxious in appearance, noise, emissions, and/or odors.
Uses within the district shall not require intensive land coverage
and shall have the appearance of residential property.
B.
Permitted Uses. Light manufacturing, retail shops, cottage industries, office and professional services. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with residential and other uses permitted in the district as listed in Section 405.440, Use Table.
C.
Particular Businesses Prohibited. The following
businesses are not permitted: adult entertainment establishments,
adult entertainment shops or facilities, adult photography shops,
automotive and other motor vehicle repair or sales/services, auto
parts stores, bars or taverns, auto body shops, cabinet shops, car
wash, chemical manufacturing, construction sales and service, dry
cleaners, equipment rental, general electrical shop, heavy manufacturing,
metal fabrication shops, retail grocery, renting of trailers or equipment,
stables and/or kennels, tire shops, welding shops. This list is not
exclusive and does not permit a use not listed above when that use
is incompatible with the intent of the district and adjoining uses.
D.
Defined Area. Beginning at the southeast
corner of Market and Pleasant Streets, thence east to the southwest
corner of Pleasant and Vine Streets, thence south on Vine Street to
Division Street, east on Division to an alley running north and south
between Hickory and Lynn Streets, thence south down the center line
of said alley to the intersection with the B-3 Business District,
thence east along the northern line of that B-3 Business District
to the southeast side of Market Street, thence north to the point
of beginning.
E.
Compatibility Site Plan Review. Compatibility site plan review is required for all business located within this district to ensure that the proposed business will be compatible with the intent of the district and adjoining uses. Home occupations which are permitted in residential districts by Section 405.440, Use Table, and Section 405.450(K), Use Standards, will be required to have a compatibility site plan review.
G.
Height Regulations. Maximum height of structures
shall not exceed thirty-five (35) feet.
H.
Yard Regulations.
1.
Front Yard. Shall be subject to site
plan review, and at a minimum shall conform to setbacks of buildings
and structures located on properties within the district.
2.
Side Yard. Shall be subject to site
plan review, and at a minimum shall conform to setbacks of buildings
and structures located within the district.
3.
Rear Yard. Shall be subject to site
plan review, and at a minimum shall conform to setbacks of buildings
and structures located on properties within the district.
I.
Loading And Unloading Regulations (Deliveries).
Deliveries are prohibited from 7:00 A.M. to 8:30 A.M. and from 2:00
P.M. to 3:30 P.M. within three hundred (300) feet of a marked crosswalk
while school is in session.
J.
Parking Regulations. No off-street parking
is required; however, if off-street parking is provided, said parking
area shall not be located in front of the building which is served
by the off-street parking area.
K.
Sign Regulations. One (1) business sign
of twelve (12) square feet is allowed and may be illuminated so long
as illumination does not interfere with adjacent residence. Signage
is limited to one (1) detached sign or one (1) wall sign only. Corner
lots are limited to one (1) sign of either type.
L.
Use Limitations.
1.
The development of a "B-1A" Mixed-Use
District shall provide screening and buffering improvements to minimize
impacts of unlike uses on one another.
2.
Single-Lot Development. A site plan
must be submitted that indicates how the development accommodates
and relates to adjacent properties and the overall design of the district.
3.
No business establishment shall offer
or sell food or beverages where consumption is primarily intended
to occur in parked motor vehicles.
4.
Any tavern, club, or business establishment
serving alcohol or cereal malt beverages shall not be located within
one hundred (100) feet of any property used as a public park, church
or school.
[Ord. No. 2.178 § 1, 5-26-2015]
5.
Exterior lighting fixtures shall
be shaded so that no direct light is cast upon any residence property
and so that no glare is visible to traffic on any public street.
[R.O. 2004 § 405.180; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]
A.
Intent. The intent of this district is
to provide a zone which will accommodate the broad range of retail
shopping activities and service and office uses that are normally
found in the core area of the City. The grouping is intended to strengthen
the business level of the central business activity.
B.
Permitted Uses. Generally, commercial retail and services, offices and similar uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
E.
Height Regulations. Maximum structure height,
fifty (50) feet.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
H.
Parking Regulations. No off-street parking
or loading space shall be required.
J.
Use Limitations.
1.
Outdoor storage of materials, products
and/or equipment not for display of merchandise for sale to the public
shall be permitted in an enclosed or fenced area. The enclosure or
fence must have a minimum height of six (6) feet and maximum height
not to exceed eight (8) feet in height.
[Ord. No. 2.172 § 1, 8-26-2014]
2.
Exterior lighting fixtures shall
be shaded so that no direct light is cast upon any residential property
and so that no glare is visible to any traffic on any public street.
3.
No off-street parking is required;
however, if off-street parking is provided, said off-street parking
area shall not be located in front of the building which is served
by the off-street parking area.
4.
No business establishment shall offer
or sell food or beverages where consumption is primarily intended
to occur in parked motor vehicles.
5.
A solid or semisolid fence, hedge
or wall at least six (6) feet, but not more than eight (8) feet, high
and having a density of not less than seventy percent (70%) per square
foot shall be provided adjacent to an adjoining residential district
unless the adjacent residential district and the commercial development
are separated by a street or alley right-of-way. Said fence or wall
shall be maintained in good condition by the owner or owners of the
property in the "B-2" District.
6.
Any tavern, restaurant, club, business
or similar use serving alcoholic or cereal malt beverages shall not
be located within one hundred (100) feet of property used as a public
park, church or school.
[R.O. 2004 § 405.190; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 2, 2-26-2008]
A.
Intent. The "B-3" General Commercial District
is intended for the purpose of allowing basic retail, service and
office uses in addition to those normally permitted in neighborhood
centers. This district is also intended to provide locations for commercial
activities that do not require a central location downtown. Business
uses needing large floor areas, particularly those of a service nature,
not compatible with Central Business District uses, are included in
this district.
B.
Permitted Uses. Generally, automobile and implement sales, lumberyards, contractors' yards, offices, neighborhood retailing and similar uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
E.
Height Regulations. Maximum height of structure,
thirty-five (35) feet.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
J.
Use Limitations.
1.
Outdoor storage of materials, products
and/or equipment not for display of merchandise for sale to the public
shall be permitted in an enclosed or fenced area. The enclosure or
fence must have a minimum height of six (6) feet and maximum height
not to exceed eight (8) feet in height.
[Ord. No. 2.173 § 1, 8-26-2014]
2.
Exterior lighting fixtures shall
be shaded so that no direct light is cast upon any residential property
and so that no glare is visible to any traffic on any public street.
3.
A solid or semisolid fence, hedge
or wall at least six (6) feet, but not more than eight (8) feet, high
and having a density of not less than seventy percent (70%) per square
foot shall be provided adjacent to an adjoining residential district
unless the adjacent residential district and the commercial development
are separated by a street or alley right-of-way. Said fence or wall
shall be maintained in good condition by the owner or owners of the
property in the "B-3" District.
4.
Any tavern, restaurant, club, business
or similar use serving alcoholic or cereal malt beverages shall not
be located within one hundred (100) feet of property used as a public
park, church or school.
[Ord. No. 2.198, 5-12-2020]
A.
Intent.
The purpose of this district is to encourage and promote development
of residential, commercial, and light industrial uses on the property
formerly known as the "Missouri Rehabilitation Center." These uses
may be located in the same building or in separate buildings.
B.
Permitted Uses. Permitted uses in this district include those set forth on the Table of Uses, Attachment 1 to Chapter 405.
C.
Conditional
Uses. None.
D.
Intensity
Of Use Regulations. There are no regulations regarding minimum lot
area, minimum lot width, or lot coverage in this "MU-1" District.
E.
Height
Regulations. There are no height regulations on structures in this
"MU-1" District.
F.
Yard
Regulations. There are no regulations regarding the minimum yard depths
in this "MU-1" District.
G.
Parking,
Loading/Unloading, And Signs. There are no regulations regarding parking,
loading and unloading of vehicles, and signage requirements in this
"MU-1" District.
[R.O. 2004 § 405.200; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 3, 2-26-2008]
A.
Intent. The "M-1" Light Industrial District
is intended for the purpose of allowing low-intensity industries which
are generally compatible with residential, office and/or commercial
activity. Certain intense uses will require conditional use permits
to locate in this district.
B.
Permitted Uses. Generally, assembly, warehousing, light manufacturing, wholesaling, support trucking and related uses with limited retail and service uses permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
E.
Height Regulations. Maximum height of structure,
forty-five (45) feet if within one hundred fifty (150) feet of residential
district; one hundred fifty (150) feet if more than one hundred fifty
(150) feet from a residential district.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
1.
Front Yard. Twenty-five (25) feet.
2.
Side Yard. Ten (10) feet and no less
than forty (40) feet when abutting a street or residential district.
3.
Rear Yard. Twenty-five (25) feet
or twenty percent (20%) of depth, whichever is smaller, unless said
rear yard abuts a residential zoning district in which case the minimum
rear yard setback shall not be less than forty (40) feet.
J.
Use Limitations.
1.
All storage of materials, products
or equipment, except those related to or used for agricultural research,
testing and/or analysis purposes, shall be within a fully enclosed
building or in an open yard so screened that the materials stored
are not clearly visible within one thousand (1,000) feet of the property
line. Where topographic conditions make effective screening impractical,
the Commission may make variances as they deem advisable.
2.
A solid or semisolid fence or wall
at least six (6) feet, but not more than eight (8) feet, high and
having a density of not less than seventy percent (70%) per square
foot shall be provided adjacent to an adjoining residential district
unless the adjacent residential district and the industrial district
are separated by a street right-of-way. Said fence or wall shall be
maintained in good condition by the owner or owners of the property
in the "M-1" District.
3.
No structure shall be used for residential
purposes except that a watchman may reside on the premises.
4.
Any tavern, restaurant, club, business
or similar use serving alcohol or cereal malt beverages shall not
be located within one hundred (100) feet of property used as a public
park, church or school.
[Ord. No. 2.178 § 2, 5-26-2015]
[R.O. 2004 § 405.210; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 4, 2-26-2008]
A.
Intent. The "M-2" Heavy Industrial District
is intended for the purpose of allowing basic or primary industries
which are generally not compatible with residential and/or commercial
activity. Certain extremely obnoxious or hazardous uses will require
special permission to locate in this district.
B.
Permitted Uses. Generally, manufacturing, wholesaling, trucking and warehousing uses with limited retail and service uses permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.
E.
Height Regulations. Maximum height of structure,
forty-five (45) feet if within one hundred fifty (150) feet of residential
district; one hundred fifty (150) feet if more than one hundred fifty
(150) feet from a residential district.
F.
Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:
1.
Front Yard. Twenty-five (25) feet.
2.
Side Yard. Twenty (20) feet and no
less than forty (40) feet when abutting a street or residential district.
3.
Rear Yard. Twenty-five (25) feet
or twenty percent (20%) of depth, whichever is smaller, unless said
rear yard abuts a residential zoning district in which case the minimum
rear yard setback shall not be less than forty (40) feet.
J.
Use Limitations.
1.
All storage of materials, products
or equipment, except those related to or used for agricultural research,
testing and/or analysis purposes, shall be within a fully enclosed
building or in an open yard so screened that the materials stored
are not clearly visible within one thousand (1,000) feet of the property
line. Where topographic conditions make effective screening impractical,
the Commission may make variances as they deem advisable.
2.
A solid or semisolid fence or wall
at least six (6) feet, but not more than eight (8) feet, high and
having a density of not less than seventy percent (70%) per square
foot shall be provided adjacent to an adjoining residential district
unless the adjacent residential district and the industrial district
are separated by a street right-of-way. Said fence or wall shall be
maintained in good condition by the owner or owners of the property
in the "M-2" District.
3.
No structure shall be used for residential
purposes except that a watchman may reside on the premises.
4.
Facilities Used For Agricultural
Research, Testing And/or Analysis. In agriculture-related research
facilities, the following use limitations shall apply:
a.
Operations required to be conducted
outside a fully enclosed building shall be conducted in controlled
outdoor areas.
b.
A private street network shall be
allowed where comprehensive control of a large industrial site is
required for safety or security reasons and where no unsecured access
to the site is afforded the public.
c.
Private roadways for certain agricultural
related research and development activities may be improved with an
all-weather surface other than asphaltic concrete such as gravel or
stone. They shall be designed to permit surface drainage without erosion
of adjacent land.
[R.O. 2004 § 405.220; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.80 § 1(2), 2-25-2003]
A.
Purpose. The purpose of this district is
to provide for elements of flexibility in design, placement, arrangement,
bulk and other considerations involved in planned districts; to provide
a framework within which the structures and uses in the planned district
may be interrelated with adjacent development and areas; and to maintain
the desired overall intensity of land use, desired population densities
and desired areas of open space. The use of planned zoning procedures
is intended to encourage large-scale developments, efficient development
of small tracts, innovative and imaginative site planning and conservation
of resources.
B.
Use Of The "PD" District. With the exception
of standard single-family and two-family residential subdivisions,
zoning proposals which are intended to be subdivided into multiple
lots should seek the "PD" zoning district classification. Planned
developments are groupings of structures or sites that are planned
as an integrated unit or cluster on property under unified control
at the time of zoning. The sale, subdivision or other partition of
the site after zoning approval does not exempt the project or portions
thereof from complying with the development standards and other conditions
that were committed to at the time of the rezoning. The Planned Development
District must always be used in conjunction with one (1) of the other
zoning districts, known as the "underlying district." The requirements
of the "PD" District shall be in addition to the requirements of the
underlying district, except that the "PD" District may modify some
of the regulations of the underlying district in specific situations.
A "PD" District may be used in conjunction with any of the other zoning
districts or with any combination of districts.
An application for rezoning to the
"PD" District shall include a preliminary development plan and may
include a concurrent request to change the underlying zoning classification.
If the rezoning is approved, the new district shall include the designation
of the underlying district followed by "PD." For example, a Planned
Development District of a "R-1" District shall be known as "R-1-PD."
Approval of the rezoning based on
the preliminary development plan shall allow the applicant to submit
a final development plan for approval. No structure or occupancy permit
shall be issued until a final development plan has been approved.
The use of the "PD" District shall be separate from the subdivision
regulations of the City and the development plans required by the
"PD" District shall not be construed as plats. It is recommended that
the subdivision process follow the rezoning/preliminary plan approval
but precede the approval of the final development plan. Resubdivision
may be a prerequisite to approval of the final development plan.
C.
Use Regulations. Any use permitted in the
underlying zone may be permitted. The uses permitted may be voluntarily
restricted by the applicant or restricted as a condition of approval
by the Planning and Zoning Commission.
D.
Height Regulations. The height regulations
provided for the underlying zoning district shall be required, provided
that the allowed height may be increased by one (1) floor or fifteen
(15) feet upon a showing that the proposed structure is consistent
in scale and bulk to the character of the community and the increase
in density as a result of the increase in height does not create an
adverse effect on the value or utility of adjacent property.
E.
Yard Regulations. The yard regulations
provided for the underlying zoning district shall be required, provided
that the yard regulations may be reduced upon a showing of sufficient
open space accessible to occupants, a separation between structures
for firefighting purposes, and that there is consistency with the
visual character of the community.
F.
Use Regulations.
1.
The proposed development shall provide
access to the major street system in such a way that the traffic generated
by the development will not cause an unreasonably hazardous condition
nor inconvenience in the area.
2.
Structures and traffic shall be arranged
so that all principal structures are accessible to emergency vehicles.
3.
Parking shall be provided in a manner
that reduces to a minimum its adverse physical impact in the area.
Screening parking areas with landscaping or walls, breaking parking
areas into smaller units by introducing landscaped areas or other
physical separators are suggested approaches. The parking areas should
be appropriately spaced to serve those units they represent.
4.
The availability of services and
location of public utilities shall have the approval of each agency
involved. Evidence to this effect shall be presented with the preliminary
development plans.
5.
Approval of the final development
plan may be conditioned by the Board of Aldermen to minimize any negative
impact on the community.
G.
Application For Rezoning. A petition to
change to a "PD" Planned District shall be filed with the City, along
with the filing fee as set forth by separate ordinance. A preliminary
development plan shall be attached and shall include the elements
set forth in these regulations. The process for approval shall be
the same as for any rezoning as provided by these regulations.
H.
Approval Procedure. The approval by the
Board of Aldermen of the preliminary development plan and the concurrent
rezoning to the "PD" District shall be preceded by the publication
and mailing of notice, a public hearing and a recommendation by the
Planning and Zoning Commission. If the Board of Aldermen disagrees
with the recommendation, the application shall be returned to the
Planning and Zoning Commission for reconsideration. Approval of the
preliminary development plan shall be valid for two (2) years from
the date of its approval. The filing and approval of a final development
plan for any phase of the area contained in the preliminary plan shall
extend the period of validity an additional two (2) years. Once approved,
the zoning classification can only be changed through rezoning and
cannot be changed by expiration of the preliminary development plan.
I.
Preliminary Development Plan. The preliminary
development plan shall be prepared at a scale dimension of not more
than one (1) inch equals one hundred (100) feet and shall include:
1.
Boundaries of the project with dimensions
to scale;
2.
Contour intervals of two (2) feet;
3.
Proposed size, height, location and
arrangement of structures, parking areas with proposed arrangement
of stalls and number of cars, entrance and exit driveways and their
relationship to existing and/or proposed streets;
4.
Preliminary drainage plan in sufficient
detail to show direction of flow, stormwater detention facilities,
if needed, and major drainage structures;
5.
General landscape plan to include
location and height of all walls, fences, signs and screen plantings;
6.
Note provision for dedication of
new or additional rights-of-way, if needed; such to be dedicated to
the City prior to approval of a final development plan;
7.
Phases of final development;
8.
Name and address of owner, applicant
and engineering firm which prepared the plan;
9.
Seal of engineering firm licensed
in the State of Missouri developing the plan, scale, north point and
date of plan;
10.
A description of any limitations
to be placed on the range of permitted uses, the hours of operation,
the structure materials to be used or other similar factors; and
11.
Ten (10) copies shall be submitted.
J.
Final Development Plan. The final development
plan shall be prepared in the same manner and include the same type
of information as the preliminary development plan (updated to show
final sizes, dimensions and arrangement) with the following additions:
1.
Contour lines shall show finished
grading only;
2.
The landscaping plan shall show the
size and type of each tree, shrub and ground cover; and
3.
Drawings showing the size, appearance
and method of illumination for each sign.
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The final development plan shall
substantially conform to the approved preliminary plan, shall be in
final form for the issuance of a building permit, shall have been
previously reviewed by the appropriate City staff and shall include
a construction schedule. A final approval by the Board of Aldermen
shall authorize construction to begin according to the construction
schedule providing all appropriate permits have been received. Construction
of at least the first stage of development shall begin within three
(3) years from the date the ordinance of the zoning change was published
in the newspaper. If construction does not begin within this period
and no effort is made for an extension of time by the owner, the final
development plan shall be voided.
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K.
Building Permits. On final approval by
the Board of Aldermen, the owner shall provide five (5) copies of
the approved final development plan to the City. The Zoning Administrator
or his/her designee shall issue building permits only in accordance
with the approved final development plan.
L.
Amendments. If any substantial variation
or rearrangement of structures, parking area and drives, entrances,
heights or open spaces is requested by the applicant, the applicant
shall proceed by following the same procedure previously followed
and outlined in the preliminary development plan.
M.
Open Space. The Planning and Zoning Commission
may require the provision of open space to buffer dissimilar uses;
to protect environmentally sensitive areas; or to counterbalance any
reduction in lot area, yard size or bulk limitations.
1.
Open Space Requirements. If the Planning
and Zoning Commission requires open space, the City and the applicant
shall enter into an agreement providing for the establishment of an
agency to maintain the open space. Such agreement shall include provision
for default, cure by the City and enforcement.
2.
Disposition Of Open Space. The agency established in Subsection (M)(1) above shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the City.
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The development plan process shall
be required prior to any rezoning or issuance of a building permit
for other than a single-family dwelling.
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N.
Time Limit. A site plan approval for a
"PD" District shall expire automatically unless a building permit
is taken within twelve (12) months after the approved date for commencement
to effectuate such site plan.
