[R.O. 1996 § 404.180; Ord. No. 4558 § 1, 8-3-2015]
A. Intent. By providing for flexible use or
property development standards tailored to individual projects or
specific properties, the R-O, Restricted Overlay District is intended
to:
1.
Ensure compatibility among incompatible
or potentially incompatible land uses;
2.
Ease the transition from one (1)
zoning district to another;
3.
Address sites or land uses with special
requirements;
4.
Guide development in unusual situations
or unique circumstances, through a higher degree of specific planning
for the site and vicinity; and
5.
Integrate a mix of different uses
in a compact and walkable pattern to meet the targets and range of
uses identified for the places in the Comprehensive Plan.
B. Applicability. The regulations contained within this Section shall only be applicable to current or previously developed properties that utilized the R-O designation. No new development specific PR-O shall be established after the effective date approving the UDC Amendment. All subsequent development shall utilize the Planned Development Zoning process as outlined in Section
404.260, Planned Developments. The R-O, Restricted Overlay District, may be applied in combination with any base zoning district through the planned development process in Chapter
403. Although the R-O zoning may be more specific and apply to a specific development project, the plan to support the R-O zoning shall consider the broader context and consist of at least ten (10) acres. Where any of this area is not under the control of the applicant, this plan may document existing conditions and likely future conditions of land use, development patterns, scale and intensity of buildings, open space systems and street networks and streetscape design, and how the proposed development impacts that context through the criteria of the planned development process.
[Ord. No. 5015, 7-7-2021]
C. Use And Property Development Standards.
The R-O, Restricted Overlay District, can be used to modify and restrict
the use and property development standards of an underlying base zoning
district. All requirements of an R-O District are in addition to and
supplement all other applicable standards and requirements of the
underlying zoning district. Restrictions and conditions imposed by
an R-O District may include the following:
1.
Identifying the specific uses or
range of uses as permitted, accessory or conditional uses, and in
particular where those uses or restrictions differ from the base zoning
district(s);
2.
Specifying the number or average
density of dwelling units that may be constructed throughout the project;
3.
Specifying the types, location and
amount of open spaces for different purposes (open space system, frontage
types, and buffers, screens and landscape) throughout the project;
4.
Adjusting the lot and building type
standards to establish better relationships to the streetscapes and
open spaces;
5.
Restrictions on access to abutting
properties and nearby roads, including specific design features;
6.
Adjusting the application and effect of any of the general development standards in Chapter
407; and
7.
Any other design or development conditions
that coordinate different aspects of the planned development either
within the plan or with adjacent property.
D. Method Of Adoption. Restrictions imposed
through an R-O District are considered part of this Development Code
text and Official Zoning Map. All property included in an R-O District
shall be identified on the Zoning Map by adding the letters "R-O"
to the base zoning district symbol. The ordinance zoning or rezoning
property to the R-O District shall specifically state the modifications
imposed pursuant to the R-O District. The restrictions imposed shall
be considered part of the text of this Development Code and a violation
of the restrictions shall be a violation of this Development Code.
The restrictions shall continue in full force and effect until modified
by the City Council by amendment to this Development Code.
[R.O. 1996 § 404.200; Ord. No. 4558 § 1, 8-3-2015]
A. Intent. The intent of the ADP-O, Adams
Dairy Parkway Overlay District is to:
1.
Provide for a high-quality, comprehensively
designed and developed corridor that is well planned and well maintained;
2.
Provide for incremental development
and improvement of individual sites in a compatible manner, encouraging
the most appropriate use;
3.
Protect property and building values
and value of City investments in the Adams Dairy Parkway Corridor
and to maintain the tax base and foster development of quality commercial
and residential structures;
4.
Manage development in a way that
preserves the integrity of natural systems present in the corridor
planning area such as stormwater runoff, detention and management;
5.
Implement development quality goals
of the Adams Dairy Parkway Corridor Plan with reasonable consideration
to the character of the district and its suitability for particular
uses;
6.
Protect extraordinary public investment
in public infrastructure, public amenities and public facilities;
and
7.
Secure more business development
in the City.
B. Effect Of Overlay District On Base District
Regulations. The ADP-O District regulations apply in addition to the
underlying (base) zoning district regulations to impose different
development rules for properties within the Adams Dairy Parkway Corridor.
In case of conflict between the ADP-O regulations of this Section
and other regulations in this Development Code, the ADP-O regulations
of this Section shall control. Where no special ADP-O regulation is
stated, the regulations of the underlying base zoning shall control.
1.
Residential Zoning Districts. Properties zoned SF-12, SF-7, TF, MF-10, MF-14 or MF-18 shall be developed as planned development in accordance with the PR-O District, the procedures of Section
403.040 and the regulations of Section
404.180. Except that in the ADP-O all buildings, paving area or parking areas shall be setback at least fifty (50) feet from the Adams Dairy Parkway right-of-way. No fence or wall shall extend into this area, and it may be incorporated into the open space system required by the PR-O and Section
406.030.
2.
Non-Residential Zoning. Properties with the underlying zoning of NB, SO, GB, and LI shall comply with the following additional standards, except that marijuana uses as defined in Section
411.030 and identified in the Land Use Table 405.030-1 shall not be classified as a conditional use subject to discretionary review in the ADP-O and shall be permitted per the Land Use Table and underlying zoning district.
[Ord. No. 4826, 5-20-2019; Ord. No. 5192, 3-6-2023]
a.
Uses. The Use Table applicable to
each zoning district is modified according to Table 404.200-1, ADP-O
supplemental use table.
Table 404.200-1: ADP-O Supplemental
Use Table
|
---|
|
NB
|
SO
|
GB
|
LI
|
---|
Freestanding retail sales/service
|
C
|
C
|
C
|
All permitted or conditional uses
in LI in the table converted to "C"
|
Bank or financial institutions
|
C
|
L/C
|
C
|
Restaurant
|
C
|
L/C
|
C
|
Drive-throughs
|
C
|
C
|
C
|
Hotel/Motel
|
|
C
|
C
|
Residential
|
|
X
|
|
Convalescent care
|
|
X
|
|
Photocopying and blue print services
|
|
P
|
|
Flex tech
|
|
P
|
|
Vehicle repair limited
|
|
|
C
|
Service station
|
|
|
C
|
Convenience Stores
|
|
|
C
|
P
|
=
|
Permitted use.
|
C
|
=
|
Conditional use subject to discretionary
review.
|
L/C
|
=
|
Limited use only when incidental
to an office or hotel/motel use, and limited to 20% of GFA of building;
otherwise a conditional use subject to discretionary review.
|
X
|
=
|
Use otherwise permitted by Use Table,
but specifically prohibited in ADP-O.
|
b.
Frontage Types And Setbacks.
(1) Adams Dairy Parkway. All buildings paving or parking areas shall be setback at least fifty (50) feet from the Adams Dairy Parkway right-of-way. No fence or wall shall extend into this area, and it shall be designed and incorporated into the open space system and frontage types as a greenway in Section
406.030 with a terrace frontage type in Section
407.030.
(2) Other Streets. All other streets shall use the terrace frontage type in Section
407.030, with a twenty (20) foot setback/building line. Except that on activity streets, buildings and lots may apply the courtyard, frontage plaza or enhanced streetscape frontage.
(3) All open space and frontages
shall be designed and maintained to screen off-street parking and
service and loading areas from view of adjoining roadways and lots.
c.
Building Intensity. Within the ADP-O
District the floor area of all buildings as compared to lot area shall
not exceed the following, and shall have site buffering and landscape
equivalent to the following:
Table 404.200-2: ADP-O Building
Intensity
|
---|
Zoning District
|
Floor Area Ratio
|
Buffer/Landscape
|
---|
NB
|
0.25:1
|
20%
|
SO
|
0.5:1
|
40%
|
GB
|
0.25:1
|
40%
|
LI
|
0.3:1
|
40%
|
HI
|
N/A, not allowed in ADP-O District
|
d.
Height. No part of any structure
shall penetrate an imaginary inclined plane that begins at the nearest
boundary of an SF-7 or less intensive zoning district and extends
upward at a ratio of one (1) foot of height to two (2) feet of horizontal
distance.
e.
Security Fencing And Gate Houses.
Security fencing and gate houses shall be permitted to SO, GB, and
LI Districts in the ADP-O. In such instances, security fencing shall
be of quality masonry construction. In unusual circumstances other
fencing material concealed by landscaping and berms may be considered.
Gate houses shall reflect the architecture style and materials of
the main building. No gate house, fence or wall will be permitted
within any exterior or interior setback yard. For lots or properties
less than ten (10) acres in size, security walls or fencing, when
permitted, shall be limited to areas to the side or rear of main buildings
only. In such cases, no fencing shall be placed between the main building
and any property line adjacent to a public roadway.
3.
HI, Heavy Industrial District. The
HI District classification shall not be applied in combination with
the ADP-O District.
C. Landscape And Buffer Reduction.
1. The City may allow a reduction in the open space requirements if:
a.
The applicant demonstrates that comparable
landscaping and buffering is provided as a result of:
(1) Providing more intensive
landscaping which increases the quality of open space [maximum reduction
allowed — five (5) percentage points];
(2) Incorporating public
art into the development plan [maximum reduction allowed — ten
(10) percentage points];
(3) Incorporating into the
development plan fountains or plazas for general public use [maximum
reduction allowed — ten (10) percentage points];
(4) Providing dedicated easements, access ways, or linear parks for general public use as part of a plan for the public realm that better coordinates street types in Section
406.020, open space systems in Section
406.030, and frontage types in Section
407.030 [maximum allowed — twenty (20) percentage points].
b.
The applicant has or will donate
or sell land to the City for uses for which the City deems a reduction
in open space is appropriate.
2. In no case shall the open space requirement result in a reduction
of the setback along Adams Dairy Parkway.
[R.O. 1996 § 404.220; Ord. No. 4558 § 1, 8-3-2015]
A. Intent. The intent of the Planned Residential
Overlay District (PR-O District) is to encourage unique and high quality
neighborhood development through an integrated neighborhood plan that
provides flexibility to the underlying residential zoning district
regulations. The use of the PR-O District can enhance the quality
of development and amenities, improve the design of the public realm,
increase compatibility between adjacent uses and developments, and
reduce negative impacts by using techniques such as: large-scale developments;
efficient use of land; innovative and imaginative architectural approaches;
design and site planning standards; conservation and preservation
of natural resources; urban amenities; and greater open space. The
following are specific objectives of the PR-O District:
1.
Planned residential developments
are groupings of buildings or building sites that are planned as an
integrated unit or clustered under unified control or ownership. The
sale, subdivision or other partition of the property after zoning
approval does not exempt the project or portions thereof from complying
with the development standards, architectural quality, sign concepts
and other conditions that were established at the time of rezoning.
The submission and approval of concept and final plans represents
a commitment by the developer that development will follow approved
plans in all respects.
2.
Planned residential developments
should be designed in a manner that will produce more usable open
space, better recreational opportunities and more attractive neighborhoods
than would be produced using the minimum standards contained in the
underlying residential zoning district regulations.
3.
Encourage land that is to be annexed
into the City of Blue Springs, where appropriate, be planned:
a.
To meet the increasing need for residential
units in all price ranges;
b.
To provide amenities that enhance
the overall quality of life within the planned development and surrounding
community;
c.
To improve the design quality of
residential units within the City;
d.
To coordinate with the City on capital
improvements that are needed to serve new development areas; and
e.
To implement the Comprehensive Plan
or any other master planning documents approved by the City Council.
4.
The developer may be given latitude
in using innovative techniques in the development of land not otherwise
developable with conventional zoning requirements.
B. Applicability. The regulations contained within this Section shall only be applicable to current or previously developed properties that utilized the PR-O designation. No new development specific PR-O shall be established after the effective date approving the UDC Amendment. All subsequent development shall utilize the Planned Development Zoning process as outlined in Section
404.260, Planned Developments. The PR-O District regulations may be applied in combination with any base residential zoning district through the planned development process in Chapter
403. The proposed plan may include different regulations or additional development rules and standards for properties within the PR-O District. In case of conflict between the PR-O District regulations of this Section and other regulations in this Title, the PR-O regulations of this Section shall control. Where no special PR-O District regulation is stated, the regulations of the underlying residential zoning district shall control.
[Ord. No. 5015, 7-7-2021]
C. Allowed Uses. In any PR-O District, unless
otherwise restricted, any use permitted in the underlying (base) zoning
district shall be permitted. The uses permitted in a PR-O District
may be voluntarily restricted by the applicant, or restricted as a
condition of approval of the concept or final plan by the Planning
Commission or City Council.
D. Modification Of Underlying District Regulations. The PR-O District may modify the underlying district regulations through the planned development procedures in Chapter
403, and specifically through a concept plan identifying the modifications and the reasons for modifications to base standards. Changes in the allowed uses are not allowed through the PR-O District except that duplexes may be allowed in the SF-7 underlying zoning district through an approved PR-O concept plan.
E. Planned Residential Development Design Standards. All PR-O Districts shall be subject to the residential design standards in Section
407.080. In addition to any other applicable design standards in Chapter
407, the following standards shall also apply to the PR-O District.
1.
Streetscape. All streets in the PR-O District shall be planned and designed according to the street types identified in the Public Works Design and Construction Manual and Section
406.020.
2.
Streetlighting. Streetlighting may
be provided within the landscaping area. All poles shall be aluminum
or other approved metal. The lighting fixtures should be ornamental
or decorative where appropriate and maintained and all costs borne
by the HOA or the streetlighting utility company.
3.
Entry Features. Subdivisions shall
be designed to include entry features that identify the neighborhood
along collector and arterial streets. Nothing shall be erected, placed,
or planted, or allowed to grow in such a manner which obstructs the
view of the traveling public based on the latest edition of the American
Association of State Highway and Transportation Officials (AASHTO)
Green Book sight distance standards. Signage may also be located within
a median area at the entrance to a subdivision. These features may
include special landscape, monument, signage, lighting and other appropriate
features. All improvements constructed within the right-of-way shall
be maintained by the Homeowners' Association.
4.
Homeowners' Association (HOA) Covenants
And Restrictions. Each subdivision must adopt covenants and restrictions
that, at a minimum, are approved by the City and regulate the following:
a.
Fencing along public rights-of-way,
consistent in materials, heights and design and maintenance of same;
d.
Maintenance of all common areas and
open spaces, and acceptance of costs;
e.
All trash removal on same day per
week;
g.
Architectural review standards and
responsibilities;
h.
Mowing and general cleanup of open
spaces, common land, and detention areas;
i.
Ability of the City to tax bill or
place a lien on the lots of the subdivision to recover its costs to
enter and maintain or repair any right-of-way buffer or other improvements
including stormwater facilities or abating a nuisance on common area,
or revoke occupancy permits for failure to maintain common areas such
as storm detention which results in a nuisance or lack of functionality
of the improvement;
j.
A no build easement across common
area that may not be relinquished or released without written approval
by the City Council;
k.
A change in the use of common area
may not take place without the written consent of the City Council;
and
l.
Prohibits any amendments of dissolution
of the HOA without the written consent of the City Council.
5.
Residential Open Space. Every planned residential development containing ten (10) or more dwelling units shall provide open space that meets the type, design and location criteria of Section
406.030. In addition to the types of open spaces identified in Section
406.030, private open spaces such as golf courses or recreation centers with buildings including outdoor recreation spaces may contribute to the open space system requirements for the PR-O District.
6.
Residential Density Bonus. If a planned development containing ten (10) or more dwelling units includes an open space system that exceeds the requirements and public benefits identified in Section
406.030, and is accessible from public and/or private streets, then the subdivision may be allowed up to ten percent (10%) more dwelling units per acre than the base zoning allows. These bonus dwelling units must be compatible with and integrated into the overall design of the planned development.
7.
Landscaping. Each lot shall be landscaped in accordance with the planting unit calculation identified in Section
407.040, provided that, no less than forty-five (45) planting units shall be provided. However, at least twenty-four (24) of the planting units shall be deciduous trees that are a minimum of two and one-half (2 1/2) inch calipers in size. The right-of-way buffer shall be provided as described in Section
407.040(D) as an easement or separate tract of land and shall be maintained by the HOA. All residential open space areas, shall be seeded or sodded and landscaped and the seeding or sodding and landscaping shall be perpetually maintained.
[R.O. 1996 § 404.240; Ord. No. 4558 § 1, 8-3-2015]
A. Intent.
1.
The intent of the Downtown Development
Code (DDC) is to support and implement the 2006 Master Plan as amended
from time to time for downtown that the City of Blue Springs has adopted.
2.
The DDC is meant to reinforce key
concepts and components of the plan, such as:
(a)
Creating a dynamic, mixed-use environment,
where walking is the predominant mode of transportation.
(b)
Providing for a range of housing
choices in close proximity to each other, including vertical mixed
use.
(c)
Creative land development solutions
that are not typically found elsewhere in the City.
(d)
Quality public spaces that are usable
for a variety of public and semipublic activities.
(e)
Higher standards of design and construction
for buildings, public infrastructure and landscaping.
(f)
A high degree of connectivity for
pedestrian and vehicular traffic.
(g)
Buildings placed close to the street,
so that streets and squares are defined as "outdoor rooms."
(h)
Utilizing all the streets for on-street
parking. Parking lots and garages shall not front the street.
(i)
Expediting the development process
to make conforming to the plan easy.
B. Exclusions. For the property located within the area of the Downtown Zoning Map, the standards contained in this Section supersede provisions contained within the Blue Springs Unified Development Code. Sections
403.070,
404.180 and
404.220 shall not be applied within the area covered by the DDC.
C. Conceptual Framework And T-Zones.
1.
Because of the unique characteristics
of downtown Blue Springs, a subclassification of organizing property
and uses is established with the DDC. The subclassifications for this
Section are called "transect zones" (T-Zones). T-Zones differ from
conventional zoning districts in that they are inherently mixed use
and place more emphasis on design than building use. The different
T-Zones establish a variety of scales, intensities and characteristics
to account for the differing conditions in the plan area. The zones
are shown in graphic format in the Downtown Zoning Map. Additional
requirements are also shown in the Downtown Zoning Map Overlay. The
DDC shall apply to those properties shown on the Downtown Zoning Map.
The zoning districts shown below may only be applied to property shown
in the corresponding color on the Downtown Zoning Map.
2.
T-Zone Definitions For This Section.
(a)
T3 Sub-Urban. The most natural, least
dense, most residential context of a community.
(b)
T4 General Urban. A predominantly
residential context, typically the largest zone within a community.
It allows for the widest variety of housing choice.
(c)
T5 Urban Center. A denser, mixed-use
context, typically located near the center of a pedestrian shed or
as a corridor along important thoroughfares.
(d)
CS Civic Space Zone. Sites reserved
for civic buildings and/or civic space.
The zones may be designated, for example, as a T3 or T-3 zone.
D. Performance Standards. The intent of the
DDC is to allow for a mixture of uses, often adjacent to or very close
to each other. Issues of noise, trash and operational hours are to
be closely coordinated. Specific standards include:
1.
Businesses providing drive-up services
shall not have a drive-through lane or window that abuts or faces
a public street.
2.
Outdoor dining and seating areas for bars, taverns, restaurants,
or food production — limited uses may be permitted in the public
right-of-way, subject to the following standards:
[Ord. No. 5017, 7-7-2021]
(a)
Outdoor dining and seating areas in the public right-of-way
shall not be permanent but may be approved as an extended temporary
use permit for up to twelve (12) months. Outdoor dining and seating
areas in the public right-of-way may be required to be removed as
requested by the Director of Public Works for the repair, replacement,
or maintenance of public infrastructure, including but not limited
to streets, sidewalks, and utilities.
(b)
The width of the outdoor dining and seating area shall not exceed
the width of the storefront in which the principal use operates.
(c)
A minimum clear sidewalk width meeting ADA requirements shall
be provided and maintained in an unobstructed condition as determined
by the Director of Public Works.
(d)
Outdoor dining and seating areas and associated structural elements,
awnings, covers, furniture, umbrellas, or other physical elements
shall be compatible with the overall design of the main structure
in which the principal use is located.
(e)
Litter, food and beverage items, and tableware shall be continually
removed and all fixtures and grounds within the outdoor dining and
seating area continually cleaned to ensure the area is maintained
and all health, safety, and sanitation requirements are met.
(f)
All outdoor dining and seating areas where a tenant has a liquor
license will be required to add the outdoor dining and seating area
to their licenses in order to sell and serve alcoholic beverages in
the outdoor dining and seating area.
(g)
Any use of the public sidewalk shall be subject to an application
for approval by the Downtown Review Board.
3. Medical Marijuana.
[Ord. No. 4839, 7-15-2019]
(a) Buffer Requirement. Medical marijuana dispensary and testing facility
uses are exempt from the buffer requirements, as listed in 405.050(A)(34)
and (36), to an existing elementary or secondary school, licensed
child day care center, or church.
(b) Medical marijuana dispensary and testing facility uses may be located
within a building that contains a residence as permitted in mixed-use
buildings and live/work units.
E. Permitted Uses And Uses Allowed By Conditional Use. Within the area
covered by the DDC, a wide variety of uses and structures, from residential
to commercial, are allowed or allowed by conditional use. All conditional
uses and structures must be approved by the Downtown Review Board.
Structures shall be regulated by T-Zone.
[Ord. No. 4723, 3-19-2018]
1.
Uses permitted in mixed-use and commercial building types:
(a)
Assisted living — convalescent care.
(b)
School — elementary, middle, or high.
(d)
School — college or university.
(h)
Public/government service.
(k)
Micro-commercial (< 1,000 square feet).
(l)
Small retail (< 3,000 square feet).
(m)
Mid-size retail [three thousand (3,000) square feet to twelve
thousand (12,000) square feet].
(n)
Grocery store (< 40,000 square feet).
(p)
Outdoor sales — seasonal.
(r)
Bank or financial institution.
(bb) Recreation and entertainment — indoor.
(ee) Studio — television or film.
(ff) Artisan/micro-manufacturing.
(hh) Food production — limited.
(jj) Marijuana dispensary.
[Ord. No. 4829, 6-3-2019; Ord. No. 5192, 3-6-2023]
(kk) Marijuana testing facility.
[Ord. No. 4839, 7-15-2019; Ord.
No. 5192, 3-6-2023]
2.
Uses permitted by conditional use permit in mixed-use and commercial
building types:
(a)
Group home — transitional living center.
(b)
Outdoor sales and services.
(d)
Recreation and entertainment — outdoor.
(f)
Storage — residential warehouse.
(j)
Parking lot — commercial.
(k)
Building/construction contractor.
3.
Building Types Permitted In T3 Zone.
(a)
Allowed: single-family houses, accessory units.
(b)
Allowed by conditional use: live/work units, small civic buildings,
flat over flats, paired houses, tandem houses.
4.
Building Types Permitted In T4 Zone.
(a)
Allowed: single-family houses, accessory units, paired houses,
flat over flats, tandem houses, row houses, apartment buildings, small
civic buildings.
(b)
Allowed by conditional use: mixed-use buildings and live/work
units.
5.
Building Types Permitted In T5 Zone.
(a)
Allowed: accessory units, row houses, apartment buildings, mixed-use
buildings, live/work units, small civic buildings, rooftop decks,
patios, and associated enclosures.
[Ord. No. 4862, 10-21-2019]
(b)
Allowed by conditional use: small commercial buildings.
6.
Building Types Permitted In CS Zone.
(a)
Allowed by conditional use: prominent civic buildings.
F. Functional Intensity Standards. The intensity
of the uses noted above are governed by T-Zone, lot location and parking
requirements.
1.
Zone T3.
(a)
Residential. Only one (1) accessory
unit shall be allowed per main structure. All accessory units shall
have a maximum square footage equal to fifty percent (50%) of the
main structure's finished area excluding garages and basements. The
total building footprint area for all accessory units and accessory
structures shall have a maximum square footage equal to fifty percent
(50%) of the main structure's finished area excluding attached garages
and basements.
2.
Zone T4.
(a)
Lodging. The number of bedrooms permitted on each lot for lodging is limited by the parking requirement of Section
404.240(H)(3)(b), up to twelve (12) bedrooms, in addition to the parking requirement of the dwelling.
(b)
Office. The building area available for office use on each lot is restricted to the first story of the principal or the second story of the ancillary building and by the parking requirement of Section
404.240(H)(3)(b), in addition to the parking requirement of the dwelling.
(c)
Retail. The building area available for retail use is restricted to one (1) block corner location at the first story and by the parking requirement of Section
404.240(H)(3)(b), in addition to the parking requirement of the dwelling.
(d)
Residential. Only one (1) accessory
unit shall be allowed per main structure. All accessory units shall
have a maximum square footage equal to fifty percent (50%) of the
main structure's finished area excluding garages and basements. The
total building footprint area for all accessory units and accessory
structures shall have a maximum square footage equal to fifty percent
(50%) of the main structure's finished area excluding attached garages
and basements.
3.
Zone T5.
(a)
Lodging. The number of bedrooms permitted on each lot for lodging is limited by the parking requirement of Section
404.240(H)(3)(c).
(b)
Office. The building area available for office use on each lot is restricted by the parking requirement of Section
404.240(H)(3)(c).
(c)
Retail. The building area available for retail use is restricted by the parking requirement of Section
404.240(H)(3)(c).
(d)
Residential. Only one (1) accessory
unit shall be allowed per main structure. All accessory units shall
have a maximum square footage equal to fifty percent (50%) of the
main structure's finished space excluding garages and basements.
4.
Zone CS.
(c)
Residential. Not allowed.
G. Height And Area Standards. All buildings
and structures shall incorporate the following minimum standards:
1.
Height Of The Primary Building On
A Lot.
(a)
Zone T3. Not more than two and one-half
(2 1/2) stories.
(b)
Zone T4. Not more than three (3)
and not less than two (2) stories. Mixed-use buildings and live/work
buildings shall have a sidewalk-level floor to floor height of twelve
(12) feet minimum. Upper levels in mixed-use buildings and live/work
buildings shall have floor to floor or floor to roof heights of minimum
nine (9) feet.
[Ord. No. 4862, 10-21-2019]
(c)
Zone T5. Not more than five (5) and
not less than two (2) stories. Mixed-use buildings, live/work buildings
and small commercial buildings shall have a sidewalk-level floor to
floor or floor to roof height of twelve (12) feet minimum. Upper levels
in mixed-use buildings and live/work buildings shall have floor to
floor or floor to roof heights of minimum nine (9) feet.
[Ord. No. 4862, 10-21-2019]
(d)
Zone CS. No height limitation.
2.
Setbacks From Property Lines. Setbacks
vary by T-Zone and frontage type and are measured from the public
right-of-way. Frontage types are illustrated in the definitions.
(a)
Front Yard.
(1) Zone T3.
(a) Common Lawn. Not less
than ten (10) feet and not more than twenty (20) feet to the building
wall. This frontage is limited to no more than fifty percent (50%)
of any given block's total frontage.
(b) Front Yard. Not less
than ten (10) feet and not more than twenty-five (25) feet to the
building wall.
(2) Zone T4.
(a) Common Lawn. Not less
than zero (0) feet and not more than ten (10) feet to the building
wall. This frontage is limited to no more than fifty percent (50%)
of any given block's total frontage.
(b) Front Yard. Not less
than zero (0) feet and not more than fifteen (15) feet to the building
wall.
(c) Dooryard. Not less than
eight (8) and not more than twenty (20) feet to the building wall.
A courtyard wall may extend to the public right-of-way.
(d) Terrace/light Court.
Not less than eight (8) and not more than twenty (20) feet to the
building wall. A courtyard wall may extend to the public right-of-way.
(e) Forecourt. Not less
than ten (10) feet and not more than thirty-five (35) feet to the
courtyard facade of the building. The foreground facade of the building
is to have a setback of not less than zero (0) feet and not more than
ten (10) feet.
(f) Doorway. Not more than
zero (0) feet.
(3) Zone T5.
(a) Common Lawn. Not less
than zero (0) feet and not more than ten (10) feet to the building
wall. This frontage is limited to no more than fifty percent (50%)
of any given block's total frontage.
(b) Dooryard. Not less than
eight (8) and not more than twenty (20) feet to the building wall.
A courtyard wall may extend to the public right-of-way. This frontage
is limited to no more than fifteen percent (15%) of any given block's
total frontage.
(c) Front Yard. Not less
than zero (0) feet and not more than fifteen (15) feet to the building
wall.
(d) Terrace/light Court.
Not less than eight (8) and not more than twenty (20) feet to the
building wall. A courtyard wall may extend to the public right-of-way.
(e) Forecourt. Not less
than ten (10) feet and not more than thirty-five (35) feet to the
courtyard facade of the building. The foreground facade of the building
is to have a setback of not less than zero (0) feet and not more than
ten (10) feet.
(f) Doorway. Not more than
zero (0) feet.
(g) Storefront. Not more
than zero (0) feet.
(h) Gallery. Not more than
zero (0) feet.
(i) Arcade. Not more than
zero (0) feet.
(4) Zone CS. No setback
limitation.
(b)
Side Yard, Interior.
(1) Zone T3. Not less than
five (5) feet to the building wall.
(2) Zone T4. Not less than
zero (0) and not more than ten (10) feet to the building wall.
(3) Zone T5. Not less than
zero (0) and not more than ten (10) feet to the building wall.
(4) Zone CS. No setback
limitation or by special review.
(c)
Side Yard, Corner.
(1) Zone T3. Not less than
five (5) feet to the building wall or to match that of the existing
side street.
(2) Zone T4. Not less than
zero (0) and not more than ten (10) feet to the building wall or to
match that of the existing side street.
(3) Zone T5. Not less than
zero (0) and not more than ten (10) feet to the building wall or to
match that of the existing side street
(4) Zone CS. No setback
limitation.
(d)
Rear Yard.
(1) Zone T3. Not less than
five (5) feet to the building wall.
(2) Zone T4. Not less than
five (5) feet to the building wall.
(3) Zone T5. Not less than
five (5) feet to the building wall.
(4) Zone CS. No setback
limitation.
(e)
Rear Yard With Alley. Applicable
to all zones: not less than zero (0) feet.
3.
Lot Size And Area.
(a)
Lot Size. Lot sizes vary by T-Zone.
[Ord. No. 4625 § 3, 11-21-2016]
(1) Zone T3. Minimum twenty-five
(25) feet lot width.
(2) Zone T4. Minimum sixteen
(16) feet lot width for attached housing, twenty-five (25) feet width
for detached housing.
(3) Zone T5. No minimum
lot size.
(4) Zone CS. No lot size
regulation.
(b)
Minimum Floor Area. The DDC District
has no minimum floor area requirements.
H. Parking Standards.
[Ord. No. 4723, 3-19-2018]
1. Parking standards vary by T-Zone. Office and retail space may utilize
the on-street parking adjacent to the lot frontage as part of the
parking requirement. Attached garages shall not front to the street
on which the primary building entrance is located. Detached garages
may front to the street when located in the rear yard. Off-street
parking shall be located at the rear of the building. When the depth
of a lot is insufficient to accommodate required off-street parking,
surface parking may be provided on the side of the building, provided
that it covers no more than thirty percent (30%) of the width of the
lot. Surface parking shall be screened from public right-of-way by
landscaping to effectively screen parking areas from the street. Surface
parking shall be set back a minimum of six (6) feet from any property
line of a less-intensive zoning district.
2. Bicycle parking shall be provided for row houses, apartment buildings,
small civic buildings, mixed-use buildings, live/work units, and prominent
civic buildings with the following frontage types: common lawn, dooryard,
front yard, terrace/light court, and forecourt. Bicycle parking for
residential shall be one (1) space per dwelling unit. Bicycle parking
for retail, office, and civic uses shall be twenty-five percent (25%)
of the required parking spaces. The Downtown Review Board may recommend
a reduction in required bicycle parking spaces when a public bicycle
rack is located within one hundred (100) feet of the primary building
entrance.
3. T-Zone Parking Standards.
(a)
Zone T3. Two (2) off-street parking
spaces shall be provided for each dwelling unit. One (1) off-street
parking space shall be provided for each lodging bedroom. Two (2)
parking spaces per one thousand (1,000) square feet of office space
shall be required. Two (2) spaces per one thousand (1,000) square
feet of retail space shall be required.
(b)
Zone T4. One (1) off-street parking
space shall be provided for each dwelling unit. One (1) off-street
parking space shall be provided for each lodging bedroom. Two (2)
parking spaces per one thousand (1,000) square feet of office space
shall be required. Two (2) spaces per one thousand (1,000) square
feet of retail space shall be required.
(c)
Zone T5. One (1) off-street parking
space shall be provided for each dwelling unit. One (1) off-street
parking space shall be provided for each lodging bedroom. Two (2)
parking spaces per one thousand (1,000) square feet of office space
shall be required. Two (2) spaces per one thousand (1,000) square
feet of retail space shall be required.
(d)
Zone CS. No parking regulation.
4.
Shared Parking Standards. The parking
requirement may be further reduced by the following factors, when
sharing uses on a particular lot:
(a)
Residential And Office. The combined
requirement may be reduced by a factor of 0.75.
(b)
Residential And Retail. The combined
requirement may be reduced by a factor of 0.9.
(c)
Office And Retail. The combined requirement
may be reduced by a factor of 0.75.
(d)
Lodging And Residential. The combined
requirement may be reduced by a factor of 0.9.
(e)
Lodging And Office. The combined
requirement may be reduced by a factor of 0.8.
(f)
Lodging And Retail. The combined
requirement may be reduced by a factor of 0.9.
I. Signs. Sign regulations are governed by Chapter
501 of the City Code.
J. Roadway Standards. In general, roadways
are to be designed for slower design speeds to ensure the safety of
pedestrians, bicyclists and motorists. This entails narrower lane
widths, the provision of on-street parking on all roadway types and
small curb radii at intersections. A variety of roadway types are
encouraged, and block perimeters should be small. Specific Roadway
Standards are noted in Appendix A, DDC Roadway Design Criteria.
K. Landscaping And Screening.
[Ord. No. 4723, 3-19-2018]
1.
A reasonable amount of landscaping is required with emphasis
on softening the visual impact of parking areas and enhancing the
overall appearance. Allowed species of trees may be placed in the
public right-of-way at the discretion of the Director of Public Works
with written approval. All required trees shall follow recommendations
of Great Trees for Blue Springs included in Appendix A3 of the Comprehensive
Plan. A minimum of one (1) small street tree per twenty-five
(25) feet of right-of-way frontage or one (1) large street tree per
forty (40) feet of right-of-way frontage is required.
2.
Certain frontage types have front yard planting requirements.
Front yard plantings are a deciduous or evergreen shrub or tree planted
between the frontage line and the facade of a building. Required front
yard plantings and frontage types are as follows:
(a)
Dooryard: six (6) front yard plantings.
(b)
Terrace/light court: six (6) front yard plantings.
(c)
Forecourt: fifteen (15) front yard plantings.
(d)
Front yard: ten (10) front yard plantings.
(e)
Common lawn: six (6) front yard plantings per unit.
L. Building Materials. High-quality masonry
building materials approved for this district are stone, brick, cast
stone and stucco. Synthetic stone, such as pre-manufactured fiberglass,
cultured stone, or glass-fiber reinforced concrete, is permitted,
provided that it is identical in appearance and of equal or greater
durability to natural stone. These masonry materials shall be required
on fifty percent (50%) of the sum total of all building facades, except
single-family houses which shall have ten percent (10%) of the sum
total of all facades. All accessory units and garages shall be constructed
from the same materials as the main structure. "Stucco" in the DDC
shall mean traditional stucco or gypsum concrete/plaster materials
with smooth sand finish. Exterior Insulation and Finish Systems (EIFS)
and cement board siding may be used to fulfill the masonry requirement,
but the percentage of masonry becomes seventy-five percent (75%) excluding
trim unless otherwise approved by the Downtown Review Board. Premanufactured
panels, including exposed tilt-up concrete panels, are not permitted.
These provisions are intended to ensure a longer-lasting, sustainable
appeal of the downtown.
[Ord. No. 4679, 8-21-2017]
M. Planned Zoning.
1. This is a Planned Zoning District. Structures within the district
are subject to approval of the Downtown Review Board (DRB) before
the structure can proceed to the building permit review process. City
staff and the DRB shall work expeditiously to ensure that construction
will proceed in a timely manner. The DRB shall meet on an as-needed
basis, based upon the submission of applications. Determination by
the DRB shall be within fourteen (14) days after the initial review
by the DRB.
2.
Procedures.
(a)
Process For Allowed Standards. Projects that meet the allowed standards established in this Section
404.240 shall utilize an expedited approval process as outlined in the following steps:
(1) A completed application
is submitted to Department of Community Development.
(2) Application is reviewed
by the DRB.
(a) If application meets the allowed standards according to the DRB's review, then the application is approved and proceeds to the building permit (Chapter
500) stage.
(b) If the application does
not meet the allowed standards according to the DRB's review, then
the application must be revised per the DRB's comments.
(3) The applicant is allowed
seven (7) days to revise its application.
(4) The DRB shall review
the completed revised application within seven (7) to verify that
it meets the allowed standards.
(a) If the application meets the standards, then it is approved according to Subsection
(M)(2)(a)(2)(a).
(b) If the application still does not meet the standards, then process set out in Subsection
(M)(2)(a)(3) and (4) of this Section shall be followed until the submission is approved or it shall be deemed denied.
(5)
Appeal Of A Downtown Review Board Decision.
[Ord. No. 4849, 9-4-2019]
(a)
The City Council shall serve as the appellate body for the Downtown Review Board. An appeal of a Downtown Review Board decision shall follow the same appeals process as outlined in Section
403.010(A)(3)(f).
(b)
Process For Allowed By Conditional
Use. Projects that utilize the allowed by conditional use standards
shall utilize the following approval process:
(1) A complete application
is submitted to the Department of Community Development.
(2) Application is reviewed
by the DRB. The DRB shall have up to fourteen (14) days to issue a
recommendation.
(3) Further review shall be made pursuant to Section
403.060.
(c)
Process For Projects Requiring Rezoning.
Projects that require a rezoning shall utilize the following approval
process (A rezoning must be to another zone regulated by the Downtown
Development Code):
(1) A complete application
is submitted to the Department of Community Development.
(2) Application is reviewed
by the DRB. The DRB shall have up to fourteen (14) days to issue a
recommendation.
(3) Further review shall be made pursuant to Section
403.030.
(4) If the required zoning is obtained, further review shall be pursuant to Subsection
(M)(2)(a) or
(b) above.
(d)
Process For Projects Requiring A
Variance. Projects requiring a variance shall utilize the following
approval process:
(1) A complete application
is submitted to the Department of Community Development.
(2) Application is reviewed
by the DRB. The DRB shall have up to fourteen (14) days to issue a
recommendation.
(3) Further review shall be made pursuant to Section
403.080.
(4) If the required variance is obtained, further review shall be pursuant to Subsection
(M)(2)(a) or
(b) above.
(e)
Historic Overlay District (H-O) Review. Projects within the Historic Overlay (H-O) Zoning District shall apply to the City pursuant to Sections
402.050 and
408.020 for review prior to review by the DRB in conjunction with any of the processes noted in Subsection
(M)(2)(a),
(b),
(c) and
(d) above.
[Ord. No. 5015, 7-7-2021]
A. Intent. There exist in the City parcels where the zoning regulations
contained in the categorical districts listed in the UDC may not provide
for the development of innovative projects desired by property owners
and providing general benefit to the City as a whole. To allow for
innovative development projects in a way that can assist in the implementation
of the City's Comprehensive Plan and other development goals and objectives,
a Planned Development (PD District) District is provided as a special
zoning district that may be used in these instances. The intent of
the PD District is to encourage unique and high-quality neighborhood,
commercial or mixed-use development through an integrated development
plan that provides flexibility to the standard zoning district regulations.
The use of the PD District can enhance the quality of development
and amenities, improve the design of the public realm, increase compatibility
between adjacent uses and developments, and reduce negative impacts
by using techniques such as: large-scale developments; efficient use
of land; innovative and imaginative architectural approaches; design
and site planning standards; conservation and preservation of natural
resources; urban amenities; and greater open space. The following
are specific objectives of the PD District:
1.
Planned developments are groupings of buildings or building
sites that are planned as an integrated unit or clustered under unified
control or ownership. The sale, subdivision or other partition of
the property after zoning approval does not exempt the project or
portions thereof from complying with the development standards, architectural
quality, sign concepts and other conditions that were established
at the time of rezoning. The submission and approval of concept and
final plans represents a commitment by the developer that development
will follow approved plans in all respects.
2.
Planned developments should be designed:
a.
To provide amenities that enhance the overall quality of life
within the planned development and surrounding community;
b.
To improve the design quality of urban design and development
within the City;
c.
To coordinate with the City on capital improvements that are
needed to serve new development areas; and
d.
To implement the Comprehensive Plan or any other master planning
documents approved by the City Council.
3.
The developer may be given latitude in using innovative techniques
in the development of land not otherwise developable with conventional
zoning requirements.
4.
The PD District may contain any additional regulations, special
exceptions, or procedures considered necessary to achieve the innovative
aspects of the project, or to minimize potential adverse impacts which
could result from the creation of the district.
B. Applicability. Each PD District shall be established by a separate
ordinance. A PD District shall contain a Planned Development Concept
Plan and Planned Development Standards that regulate the development
of the District in addition to development rules and standards for
properties within the PD District. In case of conflict between the
PD District regulations of this Section and other regulations in the
UDC, the PD regulations of this Chapter shall control. Where no special
PD District regulation is stated, the regulations of the underlying
or most similar zoning district shall control.
C. Allowed Uses. A PD District may contain any use or combination of uses listed in Chapter
405. The uses permitted in a PD District shall be listed in the Concept Plan or PD Standards attached to the ordinance establishing the PD District. If a use is desired that is not currently a listed use in the Chapter, a new use may be classified within the PD District. In any PD District, unless otherwise restricted, any use permitted in the most similar or compatible zoning district shall be permitted. The uses permitted in a PD District may be voluntarily restricted by the applicant, or restricted as a condition of approval of the concept or final plan by the Planning Commission or City Council.
D. Modification Of Zoning And Development Regulations. The PD District may modify provisions of Chapters
403 —
407, including zoning district regulations, building and use regulations subdivision design and improvements, and general development standards, through the PD District procedures in Section
403.040 and specifically through the Concept Plan and Planned Development Standards identifying the modifications. All regulations not specified in the Concept Plan and Planned Development Standards for the PD District development shall conform to the requirements for each use, building type, most compatible zoning district or other development requirement, as determined by the Director, as outlined in the Unified Development Code in effect at the time of development.
E. The remaining regulations in the Unified Development Code control
unless they are expressly altered by the ordinance approving the PD
District and its associated attachments in accordance with this Section.