Article III District Regulations

Section 400.055 AG Agricultural District.

[R.O. 1992 § 400.055; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose. The purpose of the AG District is to maintain an environment where agricultural activities may be conducted and to limit or restrict those uses which would be in conflict or negatively impacted by such activities.

Permitted Uses. The permitted uses in the AG Agricultural District are those as provided for in Section 400.120 of this Article.

Accessory Uses, Buildings, And Structures. A permitted accessory use is any use or structure which complies with the definition of "accessory use" contained in Article II, Definitions, and as further provided for in Article IV, Supplementary Regulations, Section 400.150.

Special Uses. Certain additional uses may be permitted in the AG Agricultural District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions may apply to certain uses as listed below:

Private clubs must be located on a site of not less than two (2) acres.

Radio, television or microwave towers are subject to the provisions stated in Articles IV and IX of this Chapter.

Any use substantially similar to the special uses listed Section 400.120(D) in terms of the effect of the proposed use upon surrounding properties may be permitted, provided that, in determining whether such proposed use is substantially similar to the expressed special uses, there shall be taken into consideration any objectionable characteristics of the proposed use, including, but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out in Article IV, Section 400.195; provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Chapter.

Prohibited Uses. The following uses are prohibited in the AG Agricultural District:

Any storage, treatment or disposal (as those terms are defined in the laws of the Federal Government and the State of Missouri regulating soil and hazardous wastes) of:

Any radioactive wastes regulated by laws of the Federal Government or the State of Missouri.

Any hazardous wastes regulated by the laws of the Federal Government or by the State of Missouri or Franklin County.

Feed lots and sales or auction yards or barns.

Height, Area, And Lot Requirements.

The height, area and lot requirements for the AG Agricultural District shall be as set out herein.

The use of land and structures within an agricultural district shall maximize agricultural productivity and conform to the following standards:

Minimum farm size. A farm within an agricultural district shall encompass a minimum of ten (10) acres.

Minimum setback (accessory structures). All accessory structures used to house livestock or fowl shall not be located closer than two hundred (200) feet to the boundary of the agricultural district.

Section 400.060 R1-A Single-Family Residence District.

[R.O. 1992 § 400.060; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 26-14283, 4-6-2026]

Intent And Purpose. The purpose of the R-1A District is to protect and preserve areas of low-density residential development and to allow for the construction of new single-family detached dwellings within subdivisions of lots sizes of 10,000 square feet or larger. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the R-1A Single-Family Residence District.

Permitted Uses. The permitted uses in the R1-A Single-Family Residence District are those as provided for in Section 400.120 of this Article. In addition, the following use is permitted:

Temporary real estate offices or sales offices, subject to the provisions of Article IV, Section 400.165.

Special Uses. Certain additional uses may be permitted in the R1-A Single-Family Residence District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions may apply to certain uses as listed below:

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Parking Requirements.

Number of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Additional Parking Requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure described in Article V of this Chapter.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.

All vehicles, except those defined in Subsection (E)(3) of this Section, shall be permitted to park in this district. No vehicle may park in a front yard, except in a driveway providing access to a garage, carport or other permitted parking area for a dwelling. Vehicles may be parked anywhere in a side or rear yard. Driveways and parking areas shall be an improved surface of either asphalt or concrete.

The total number of vehicles, including allowed recreational vehicles on a premises, shall not exceed five (5) for any one (1) residential unit.

Parking of commercial vehicles is subject to the provisions of Article VI, Section 400.260, and parking for mobile homes is subject to the provisions as set forth in Article IV, Section 400.160.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: six (6) feet.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum lot area: ten thousand (10,000) square feet.

Minimum width of lot: seventy (70) feet measured at the required building line.

Yards, generally.

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.

There shall be no storage of household items, appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for non-residential purposes, there may be more than one (1) main building on the lot; provided, however, that open space between buildings that are parallel, or within forty-five degrees (45°) of being parallel, shall have a minimum distance between buildings of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings.

Height Requirements. The maximum height is thirty-five (35) feet or two and one-half (2 1/2) stories.

Location And Orientation Of Dwelling Requirements.

Prior to the issuance of a building permit for construction, plans shall be approved by the City of Washington.

In addition to all other requirements for plan approval, the site plan and elevation/construction plan shall show the following:

Location of existing dwelling(s) and other structures on the lot(s); and

Orientation of building to site, street and surroundings.

Where the dwellings and structures are proposed to be constructed on a corner lot, construction plans shall not be approved and no building permits shall be issued until the City designates the permitted orientation of all dwellings and structures on the lot; provided, however, that prior to issuing a building permit, the City shall inspect the lot site and view the dwellings and structures in the surrounding area.

Section 400.065 R1-B Single-Family Residence District.

[R.O. 1992 § 400.065; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 26-14283, 4-6-2026]

Intent And Purpose. The purpose of the R1-B District is to protect and preserve areas of higher-density single-family residential development and to allow for the construction of new one-family detached dwellings at densities that provide for affordable housing having lot sizes of not less than six thousand (6,000) square feet. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the R-1B Single-Family Residence District.

Permitted Uses. The permitted uses in the R1-B Single-Family Residence District are those as provided for in Section 400.120 of this Article. In addition, the following use is permitted:

Temporary real estate offices or sales offices, subject to the provisions of Article IV, Section 400.165.

Home occupations.

Special Uses. Certain additional uses may be permitted in the R1-B Single-Family Residence District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Mobile home parks are subject to the provisions of Article IV, Section 400.160:

Nursery, truck gardening and the raising of farm crops may be permitted (but not the raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences), according to the criteria set forth in Article V, Section 400.230, of this Chapter; and provided, further, that no building shall be erected or maintained on the property which is used for the sole purpose of selling the products grown or raised.

Parking Requirements.

Number Of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Additional Parking Requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure described in Article V of this Chapter.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.

The total number of vehicles, including allowed recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.

Parking of commercial vehicles is subject to the provisions of Article VI, Section 400.260, and parking for mobile homes is subject to the provisions as set forth in Article IV, Section 400.160.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: six (6) feet.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum lot area: six thousand (6,000) square feet.

Minimum width of lot: fifty (50) feet measured at the required building line.

Yards, Generally.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

Height Requirements. The maximum height is thirty-five (35) feet or two and one-half (2 1/2) stories.

Location And Orientation Of Dwelling Requirements.

Prior to the issuance of a building permit for construction, plans shall be approved by the City of Washington.

In addition to all other requirements for plan approval, the site plan and elevation/construction plan shall show the following:

Location of existing dwelling(s) and other structures on the lot(s); and

Orientation of building to site, street and surroundings.

Section 400.070 R1-C Single-Family Attached Residence District.

[R.O. 1992 § 400.070; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 26-14283, 4-6-2026]

Intent And Purpose. The purpose of the R1-C District is to protect and preserve areas of higher-density single-family residential development that allow for the construction of new one-family attached dwellings at densities that provide for affordable housing having lot sizes of not less than six thousand (6,000) square feet. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the R-1C Single-Family Residence District.

Permitted Uses. The permitted uses in the R1-C Single-Family Residence District are those as provided for in Section 400.120 of this Article. In addition, the following use is permitted:

Temporary real estate offices or sales offices, subject to the provisions of Article IV, Section 400.165.

Home occupations.

Special Uses. Certain additional uses may be permitted in the R1-C Single-Family Residence District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Parking Requirements.

Number Of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Additional Parking Requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure described in Article V of this Chapter.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.

The total number of vehicles, including allowed recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.

Parking of commercial vehicles is subject to the provisions of Article VI, Section 400.260, and parking for mobile homes is subject to the provisions as set forth in Article IV, Section 400.160.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: zero setback for side provided the lot can provide a six-foot setback on the opposite side yard for a one-story structure and a ten-foot setback on the opposite side yard for a two-story structure.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum lot area: six thousand (6,000) square feet; however, for single-family attached units (duplexes or two-family structures) the total lot area required for the combination of both units shall be twelve thousand (12,000) square feet.

Minimum width of lot: thirty (30) feet measured at the required building line.

Yards, Generally.

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

Height Requirements. The maximum height is thirty-five (35) feet or two and one-half (2 1/2) stories.

Location And Orientation Of Dwelling Requirements.

Prior to the issuance of a building permit for construction, plans shall be approved by the City of Washington.

In addition to all other requirements for plan approval, the site plan and elevation/construction plan shall show the following:

Location of existing dwelling(s) and other structures on the lot(s); and

Orientation of building to site, street and surroundings.

Where the dwellings and structures are proposed to be constructed on a corner lot, construction plans shall not be approved and no building permits shall be issued until the City designates the permitted orientation of all dwellings and structures on the lot; provided, however, that prior to issuing a building permit the City shall inspect the lot site and view the dwellings and structures in the surrounding area.

Section 400.075 R1-D Single-Family Residence District.

[R.O. 1992 § 400.075; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 26-14283, 4-6-2026]

Intent And Purpose. The purpose of the R1-D District is to protect and preserve areas of medium-density single-family residential development that allows for the construction of new one-family attached dwellings at densities that provide for affordable housing having lot sizes of not less than seventy-five hundred (7,500) square feet. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the R-1D Single-Family Residence District.

Permitted Uses. The permitted uses in the R1-D Single-Family Residence District are those as provided for in Section 400.120 of this Article. In addition, the following use is permitted:

Temporary real estate offices or sales offices subject to the provisions of Article IV, Section 400.165.

Home occupations.

Special Uses. Certain additional uses may be permitted in the R1-D Single-Family Residence District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Nursery, truck gardening and the raising of farm crops may be permitted (but not the raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences), according to the criteria set forth in Article V, Section 400.230, of this Chapter; and provided further, that no building shall be erected or maintained on the property which is used for the sole purpose of selling the products grown or raised.

Any use substantially similar to the special uses listed Section 400.120(D) in terms of the effect of the proposed use upon surrounding properties may be permitted, provided that in determining whether such proposed use is substantially similar to the expressed special uses, there shall be taken into consideration any objectionable characteristics of the proposed use, including, but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out in Article IV, Section 400.195; provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Chapter.

Parking Requirements.

Number Of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Additional Parking Requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure described in Article V of this Chapter.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.

All vehicles, except those defined in Subsection (C) of this Section, shall be permitted to park in this district. No vehicle may park in a front yard, except in a driveway providing access to a garage, carport or other permitted parking area for a dwelling. Vehicles may be parked anywhere in a side or rear yard. Driveways and parking areas shall be an improved surface of either asphalt, or concrete.

The total number of vehicles, including allowed recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.

Parking of commercial vehicles are subject to the provisions of Article VI, Section 400.260, and parking for mobile homes are subject to the provisions as set forth in Article VI, Section 400.160.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: six (6) feet.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum lot area: seven thousand five hundred (7,500) square feet.

Minimum width of lot: sixty (60) feet measured at the required building line.

Yards, Generally.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

Height Requirements. The maximum height is thirty-five (35) feet or two and one-half (2 1/2) stories.

Location And Orientation Of Dwelling Requirements.

Prior to the issuance of a building permit for construction, plans shall be approved by the City of Washington.

In addition to all other requirements for plan approval, the site plan and elevation/construction plan shall show the following:

Location of existing dwelling(s) and other structures on the lot(s); and

Orientation of building to site, street and surroundings.

Section 400.080 R-2 Two-Family Residence District.

[R.O. 1992 § 400.080; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 23-13814, 8-7-2023; Ord. No. 24-13947, 5-6-2024; Ord. No. 26-14272, 3-2-2026]

Intent And Purpose. The purpose of the R-2 District is to protect and preserve areas of low, medium, and higher density single-family residential development in certain areas while allowing for development of two-family and attached single-family dwelling units as in-fill within other parts of areas of the City of Washington designated in this district on lots of not less than three thousand (3,000) square feet. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the R-2 Two-Family Residence District.

Permitted Uses. The permitted uses in the R-2 Two-Family Residence District are those as provided for in Section 400.120 of this Article. In addition, the following use is permitted:

Single-family dwellings on property located in the R-2 Overlay District. The R-2 Overlay District only includes properties located north of Ninth Street excluding properties located on Hill Street, Alberta Street and West Seventh Street.

Temporary real estate offices or sales offices subject to the provisions of Article IV, Section 400.165.

Home occupations.

Special Uses. Certain additional uses may be permitted in the R-2 Two-Family Residence District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Single-family dwellings not located within the boundaries as identified in Section 400.080(B)(1). A map illustrating the affected changes is on file in the City offices.

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Any use substantially similar to the special uses listed Section 400.120(D) in terms of the effect of the proposed use upon surrounding properties may be permitted; provided, that in determining whether such proposed use is substantially similar to the expressed special uses, there shall be taken into consideration any objectionable characteristics of the proposed use, including, but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out in Article IV, Section 400.195; provided, further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Chapter.

Agricultural uses such as field crops, truck gardening; berry or bush crops; tree crops, flower gardening; orchards; aviaries and apiaries; grazing, breeding and raising of livestock; provided, that all buildings and enclosures for the feeding, breeding or milking, but not including pasturing and grazing of such animals are located not less than two hundred (200) feet from any lot line; including a greenhouse but not including a salesroom or roadside stand.

Parking Requirements.

Number Of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Additional Parking Requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure described in Article V of this Chapter.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.

The total number of vehicles, including allowed recreational vehicles on a premises, shall not exceed five (5) for any one (1) residential unit.

Parking of commercial vehicles are subject to the provisions of Article VI, Section 400.260, and parking for mobile homes are subject to the provisions as set forth in Article VI, Section 400.160.

Area Requirements.

Minimum depth of front yard: ten (10) feet.

Front entry garages either attached or detached shall have a minimum front yard setback of twenty-five (25) feet.

No side yards are required.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum lot area:

Location	Proposed Occupancy	Square Footage
R-2	Single-family dwelling	3,000
R-2	Two-family dwelling	6,000

Minimum width of lot: thirty (30) feet.

Yards, Generally.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

Lot Coverage. No maximum.

Height Requirements.

The maximum building height is thirty-five (35) feet or two and one-half (2 1/2) stories.

Single-family and two-family dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of this district by not less than ten (10) feet, but they shall not exceed three (3) stories in height.

Location And Orientation Of Dwelling Requirements.

Prior to the issuance of a building permit for construction, plans shall be approved by the City of Washington.

In addition to all other requirements for plan approval, the site plan and elevation/construction plan shall show the following:

Location of existing dwelling(s) and other structures on the lot(s); and

Orientation of building to site, street and surroundings.

Section 400.085 R-3 Multiple-Family Residence District.

[R.O. 1992 § 400.085; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 18-11899, 9-4-2018; Ord. No. 23-13814, 8-7-2023; Ord. No. 26-14283, 4-6-2026]

Intent And Purpose. The purpose of the R-3 District is to protect and conserve areas of predominantly multifamily apartments, built at relatively high densities, and provide for the construction of new high-density residential developments commonly referred to as "townhouse apartments" and "garden apartments." The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the R-3 Multiple-Family Residence District.

Permitted Uses. The permitted uses in the R-3 Multiple-Family Residence District are those as provided for in Section 400.120 of this Article. In addition, the following use is permitted:

Temporary real estate offices or sales offices, subject to the provisions of Article IV, Section 400.165.

Accessory Uses And Structures. A permitted accessory use is any use or structure which complies with the definition of "accessory use" contained in Article II, Definitions, and as further provided for in Article IV, Supplementary Regulations, Section 400.150. In addition, the following are permitted accessory uses:

Home occupations.

Special Uses. Certain additional uses may be permitted in the R-3 Multiple-Family Residence District as provided for in Section 400.120 of this Article and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Single-family attached in a single structure or detached dwellings are subject to the provisions of Article V of this Chapter.

Two-family dwellings involving two (2) or more structures are subject to the site plan review procedure provisions of Article VII of this Chapter.

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Agricultural uses such as field crops; truck gardening; berry or bush crops; tree crops; flower gardening; orchards; aviaries and apiaries; grazing, breeding and raising of livestock, provided that all buildings and enclosures for the feeding, breeding or milking, but not including pasturing and grazing, of such animals are located not less than two hundred (200) feet from any lot line; including a greenhouse, but not including a salesroom or food stand.

Nursery, truck gardening and the raising of farm crops may be permitted (but not the raising of poultry, pets or livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences), according to the criteria set forth in Article V, Section 400.210, of this Chapter; and provided, further, that no building shall be erected or maintained on the property which is used for the sole purpose of selling the products grown or raised.

Vacation rental dwellings by owner.

Parking And Loading Requirements.

Number of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Additional Parking Requirements.

Off-street parking for non-residential uses in residential districts must be approved by the special use procedure described in Article V of this Chapter.

The required parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only.

The total number of vehicles, including allowed recreational vehicles, on a premises shall not exceed five (5) for any one (1) residential unit.

Parking of commercial vehicles is subject to the provisions of Article VI, Section 400.260, and parking for mobile homes is subject to the provisions as set forth in Article IV, Section 400.160.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: six (6) feet for two (2) stories; ten (10) feet for three (3) stories.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum Lot Area:

Single-family dwelling: six thousand (6,000) square feet.

Two-family dwelling: twelve thousand (12,000) square feet.

Multiple-Family: eight thousand (8,000) square feet plus two thousand (2,000) square feet for each unit in excess of four (4).

Minimum width of lot: fifty (50) feet.

Yards, Generally.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential or institutional purposes, there may be more than one (1) main building on the lot; provided, however, that open space between buildings that are parallel, or within forty-five degrees (45°) of being parallel, shall have a minimum distance between buildings of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings.

In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for residential or institutional purposes, a site plan or development plan will be required as specified previously in Section 400.085(B)(1) or Section 400.085(D)(2) or (D)(3).

Where a lot of record on the date of the passage of the ordinance (July 18, 1988) adopting these regulations has less area or width than required within this zoning classification, the lot may be utilized according to the provisions applicable to this district; provided, however, that the requirements concerning minimum depth of front yard, minimum width of side yard and minimum depth of rear yard are met; provided further, however, that within this R-3 District, no larger than a four-family dwelling shall be constructed, regardless of lot size, unless the additional lot area requirements of Subsection (D) of this Section are met.

Height Requirements. The maximum height is forty-five (45) feet or three (3) stories.

Location And Orientation Of Dwelling Requirements.

Prior to the issuance of a building permit for construction, plans shall be approved by the City of Washington.

In addition to all other requirements for plan approval, the site plan and elevation/construction plan shall show the following:

Location of existing dwelling(s) and other structures on the lot(s); and

Orientation of building to site, street and surroundings.

Section 400.090 C-1 Limited Commercial District.

[R.O. 1992 § 400.090; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose. The C-1 District is intended to accommodate limited retail and service businesses within or adjacent to residential neighborhoods. Such retail and service establishments are intended to serve a relatively small and local market area or are of such character and intensity which are compatible with the surrounding neighborhood. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the C-1 Limited Commercial District.

Permitted Uses. The permitted uses in the C-1 Limited Commercial District are those as provided for in Section 400.120 of this Article. In addition, the following uses are permitted subject to the conditions set forth:

[Ord. No. 23-13814, 8-7-2023]

The following uses are permitted, provided that, if any portion of a building or an accessory structure, or any portion of a parking lot associated with any such use, is located within fifty (50) feet of a residential district, excluding public rights-of-way, then such use shall be only by special use permit:

Repair of automobiles, farm implements, construction machinery, small engines and related repair services, including repair garages, body shops and public garages, as well as car washes and new and used vehicle sales; and

Parking lots and garages.

Any building used primarily for any of the permitted purposes may have not more than forty percent (40%) of the floor area devoted to industry or storage purposes incidental to such primary use, provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use.

Drive-in or drive-thru establishments that can provide a five-car stack as indicated within Article VI, Section 400.265(C). Drive-in or drive-thru establishments that cannot provide a five-car stack as indicated within Article VI, Section 400.265(C), shall require a special use permit.

Vacation rental dwellings by owner.

Accessory Uses. A permitted accessory use is any use or structure which complies with the definition of "accessory use" contained in Article II, Definitions, and as further provided for in Article IV, Supplementary Regulations, Section 400.150. In addition, the following are permitted accessory uses:

Accessory building and uses customarily incident to the above uses.

Where a lot is used for a commercial purpose, more than one (1) main building may be located upon the lot but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.

Special Uses. Certain additional uses may be permitted in the C-1 Limited Commercial District as provided for in the Table of Permitted and Special Uses, Section 400.120(D) of this Article, and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Single-family dwellings, provided said single-family dwelling is either:

Located within an area designated as a historic district on the National Register of Historic Places; or

Located within an area designated by ordinance of the City Council of the City of Washington, Missouri, as a historic district; or

Designated by ordinance of the City Council of the City of Washington, Missouri, as a landmark; or

The building is at least fifty (50) years old, the owner of the building can provide evidence or proof that the building was previously used and occupied as a single-family or two-family dwelling, and all off-street parking requirements are complied with.

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Food stands for temporary and seasonal periods; provided, however, that food stands to be operated and maintained for periods of ten (10) days or less within a given calendar year shall not require a special use permit if a proper permit is secured pursuant to the provisions of Chapter 635 of the Washington Municipal Code.

Any use itemized in Section 400.120(D) which does not qualify as a permitted use by virtue of the fact that any building, accessory structure or parking lot associated with such use is within fifty (50) feet of a residential district, excluding public rights-of-way.

Aboveground storage tanks for the storage of combustible liquids are prohibited except when allowed by special use permit from the City of Washington City Council. Aboveground storage tanks for the storage of gas shall be prohibited.

Parking And Loading Requirements.

Location of Parking Spaces And Vehicle Types That May Be Parked.

Parking spaces may be located and vehicles may be parked in the front, side or rear yards. Parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only. Driveways and parking areas shall be an improved surface of either asphalt or concrete.

No trucks, truck trailers, or vehicles of any type shall be on skids, jacks, or any other device that will make them immobile or inoperable, except for emergency repairs.

Garages and repair establishments shall not store or temporarily store any vehicle to be repaired for a period of more than fifteen (15) days. This does not include vehicles that are garaged or vehicles which may be authorized for storage for longer periods by Council under special use permit.

No trucks or trailers of any kind, or any portions thereof, shall be used for storage purposes.

Vehicles in excess of thirty thousand (30,000) pounds' gross vehicle weight are permitted within this district only if the following two (2) conditions are met. If these two (2) restrictions cannot be met, parking of vehicles in excess of thirty thousand (30,000) pounds' gross vehicle weight is not permitted.

(1)

After taking into account the number of normal parking spaces which such vehicle occupies, the remaining number of available parking spaces must still meet the number of required spaces provided for within this district; and

(2)

The parking of any such vehicle must not limit ingress or egress from the facility nor impose upon any fire lanes or any other applicable regulation or restriction.

Number of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Loading Requirements.

There shall be provided, at the time any building is erected or structurally altered, off-street loading space in accordance with the requirements of Article VI of this Chapter.

No building or part thereof heretofore erected which is used for any of the purposes specified above shall hereafter be enlarged or extended unless off-street loading space is provided in accordance with the provisions of this Chapter.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: six (6) feet for two (2) stories; ten (10) feet for three (3) stories.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum Lot Area:

Single-family dwelling: subject to the provisions of Section 400.090(D)(1).

Two-family dwelling: twelve thousand (12,000) square feet.

Multiple-family dwelling: twelve thousand (12,000) square feet plus three thousand (3,000) square feet for each unit in excess of four (4).

Gasoline pumps and pump islands may occupy the required yards; provided, however, that they are not less than fifteen (15) feet from street lines and not less than fifty (50) feet from the boundary of any residential district.

Height Requirements. The maximum height is forty-five (45) feet or three (3) stories.

Section 400.095 C-2 General Commercial District.

[R.O. 1992 § 400.095; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose.

The purpose of the C-2 General Commercial District is two-fold:

One is to provide for general commercial activity with a wide array of commercial uses, as listed under permitted uses. Unless permitted otherwise, this zoning district shall be primarily for the development of commercial property.

The second purpose is to provide a mixed use of residential and commercial use if located within a C-2 Overlay District. This overlay district includes the following areas: in areas zoned C-2 General Commercial located primarily along Fifth Street, to include all C-2 zoned areas north of Sixth Street, south of Third Street, east of High Street and west of Hancock Street. This overlay district is provided to enhance a more pedestrian-friendly, mixed-use zoning district. This area shall permit residential development to be incorporated with commercial development.

The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations in the C-2 General Commercial District.

Permitted Uses. The permitted uses in the C-2 General Commercial District are those as provided for in Section 400.120(D) of this Article. In addition, the following uses are permitted, subject to the conditions set forth:

[Ord. No. 23-13814, 8-7-2023]

Automotive parts stores, and related parts supply retail facilities, provided that if any automotive or related repair services are performed on site, the provisions of Subsection (B)(2) of this Section shall be met.

The following shall be permitted uses, provided that if any portion of a building or an accessory structure, or any portion of a parking lot associated with any such use, is located within fifty (50) feet of a residential district, excluding public rights-of-way, then such use shall be only by special use permit:

Hotels and motels, and establishments offering accommodations to transient overnight guests;

Entertainment places;

Parking lots and garages; and

Retail lumber stores.

Single-family dwellings and two-family dwellings, if located in areas as described in Section 400.095(A)(1)(b) above.

Vacation rental dwellings by owner in C-2 and C-2 Overlay Districts.

Accessory buildings and uses customarily incident to the above uses.

Special Uses. Certain additional uses may be permitted in the C-2 General Commercial District as provided for in the Table of Permitted and Special Uses, Section 400.120 of this Article, and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Aboveground storage tanks for the storage of combustible liquids shall be prohibited, except when allowed by special use permit from the City of Washington City Council. Aboveground storage tanks for the storage of flammable liquids shall be prohibited.

Parking And Loading Requirements.

Location Of Parking Spaces And Vehicle Types That May Be Parked:

Unless located in areas described in Section 400.095(A)(1)(b), parking spaces for residences shall be located in the side and rear yard and in the front yard on a driveway only. Driveways and parking areas shall be an improved surface of either asphalt or concrete.

For all C-2 zoned areas as described in Section 400.095(A)(1)(b), parking requirements within this area shall be as follows: one (1) parking space per residential unit and zero (0) off-street parking for non-residential uses. Parking spaces shall be located and vehicles shall be parked in the side or rear yards.

No trucks or trailers of any kind, or any portions thereof, shall be used for storage purposes.

(1)

(2)

The parking of any such vehicle must not limit ingress or egress from the facility nor impose upon any fire lanes or any other applicable regulation or restriction.

Number Of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI of this Chapter.

Loading Requirements.

There shall be provided, at the time any building is erected or structurally altered, off-street loading space in accordance with the requirements of Article VI of this Chapter.

Area Requirements.

Minimum depth of front yard: ten (10) feet for areas described in Section 400.095(A)(2). All other areas, twenty-five (25) feet.

[Ord. No. 18-11899, 9-4-2018]

Minimum width of side yard: six (6) feet for two (2) stories; ten (10) feet for three (3) stories.

Minimum depth of rear yard: twenty-five (25) feet.

Minimum Lot Area:

Single-family dwelling: six thousand (6,000) square feet.

Two-family dwelling: twelve thousand (12,000) square feet.

Multiple-family dwelling: twelve thousand (12,000) square feet plus three thousand (3,000) square feet for each unit in excess of four (4).

Height Requirements. The maximum height is sixty (60) feet or four (4) stories.

[Ord. No. 20-13187, 10-19-2020]

Section 400.100 C-3 Central Commercial District.

[R.O. 1992 § 400.100; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose. The purpose of this zoning district is to recognize the City of Washington's most historic and unique area of the City, the downtown area. This area is a nationally recognized Historic District. These regulations set forth in this Chapter are to promote a mix of uses such as commercial and residential with appropriate density requirements which reflect existing lot sizes within the downtown area. In this way, the types of uses in the downtown area, a mixture of residential and commercial, can continue in order to promote the unique characteristics of this area not found anywhere else in the City. The intent of this district is to set potential growth boundaries for this historic district and to allow for mixed uses and higher densities that are appropriate for the area and to be considered "Downtown Washington."

[Ord. No. 121-13438, 11-15-2021]

Permitted Uses. The permitted uses in the C-3 Central Commercial District are those as provided for in Section 400.120(D) of this Article. In addition, the following uses are permitted, subject to the conditions set forth:

Automotive parts stores, and related parts supply retail facilities, provided that, if any automotive or related repair services are performed on site, the provisions of Subsection (B)(2) of this Section shall be met.

The following shall be permitted uses, provided that, if any portion of a building or an accessory structure, or any portion of a parking lot associated with any such use, is located within fifty (50) feet of a residential district, excluding public rights-of-way, then such use shall be only by special use permit:

Repair of automobiles;

Farm implements;

Construction machinery;

Small engines and related repair services, including repair garages;

Body shops;

Public garages;

Car washes; and

New and used vehicle sales.

Any building used primarily for any of the listed uses may have not more than forty percent (40%) of the floor area devoted to industry or storage purposes incidental to such primary use, provided that not more than five (5) employees shall be engaged at any time on the premises in such incidental use.

Accessory buildings and uses customarily incident to the above uses.

Where a lot is used for a commercial purpose, more than one (1) main building may be located upon the lot, but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.

Special Uses. Certain additional uses may be permitted in the "C-3" Commercial District as provided for in the table of permitted and special uses, Section 400.120(D) of this Article and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

[Ord. No. 121-13438, 11-15-2021]

Any proposed zero-lot line on a parcel adjacent to a four-way intersection shall apply for a special use permit.

Parking And Loading Requirements.

Location Of Parking Spaces And Vehicle Types That May Be Parked.

No trucks, truck trailers, or vehicles of any type shall be on skids, jacks, or any other device that will make them immobile or inoperable, except for emergency repairs.

No trucks or trailers of any kind, or any portions thereof, shall be used for storage purposes.

(1)

(2)

The parking of any such vehicle must not limit ingress or egress from the facility nor impose upon any fire lanes or any other applicable regulation or restriction.

Number Of Required Spaces. The regulations governing the number of required parking spaces with respect to various uses allowed within this zoning district are set out at Article VI, Sections 400.260 and 400.265, of this Chapter.

Loading Requirements.

There shall be provided, at the time any building is erected or structurally altered, off-street loading space in accordance with the requirements of Article VI of this Chapter.

Area Requirements.

Minimum depth of front yard: none, unless the frontage is partly in a dwelling district, in which case the front yard regulations of the dwelling district shall apply.

No side yards are required for commercial buildings except on the side of a lot abutting a dwelling district, in which case there shall be a side yard of not less than six (6) feet.

No rear yards are required for commercial buildings except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than twenty (20) feet.

Minimum lot area: none.

Awnings may project into a City right-of-way, provided there is a minimum distance of eighteen (18) inches between such projection and the back of curb, or edge of pavement, if no curb exists.

Height Requirements. The maximum height is one hundred (100) feet or eight (8) stories.

Section 400.105 M-1 Industrial District.

[R.O. 1992 § 400.105; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose. The intent of the M-1 Industrial District is to provide areas in the community wherein office, research and light industrial enterprises can locate and to provide opportunities for developments of this type. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referring to this district, are the regulations of the M-1 Industrial District.

Permitted Uses. The permitted uses in the M-1 Industrial District are those as provided for in Section 400.120 of this Article.

Accessory buildings and uses customarily incident to the above uses.

Special Uses. Certain additional uses may be permitted in the M-1 Industrial District as provided for in the Table of Permitted and Special Uses, Section 400.120(D) of this Article, and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Mobile home parks are subject to the provisions of Article IV, Section 400.160.

Any use substantially similar to the special uses listed Section 400.120(D) in terms of the effect of the proposed use upon surrounding properties may be permitted, provided that, in determining whether such proposed use is substantially similar to the expressed special uses, there shall be taken into consideration any objectionable characteristics of the proposed use, including, but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out in Article IV, Section 400.195, and Article V, Section 400.230; provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Chapter.

Aboveground storage tanks for the storage of combustible liquids shall be prohibited except when allowed by special use permit from the City of Washington City Council. Aboveground storage tanks for the storage of flammable liquids shall be prohibited.

Parking And Loading Requirements.

Location Of Parking Spaces And Vehicle Types That May Be Parked.

No trucks, truck trailers, or vehicles of any type shall be on skids, jacks, or any other device that will make them immobile or inoperable, except for emergency repairs.

No trucks or trailers of any kind, or any portions thereof, shall be used for storage purposes.

Loading Requirements.

There shall be provided, at the time any building is erected or structurally altered, off-street loading space in accordance with the requirements of Article VI of this Chapter.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum width of side yard: No side yards are required for non-residential buildings except on the side of a lot abutting a dwelling district, in which case there shall be a side yard of not less than ten (10) feet.

Minimum depth of rear yard: twenty-five (25) feet.

Height Requirements. The maximum height is forty-five (45) feet or three (3) stories.

Section 400.110 M-2 Industrial District.

[R.O. 1992 § 400.110; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose. The intent of the M-2 District is to provide areas in the community within which heavy manufacturing operations, wholesale, warehousing, and other compatible uses can locate. This district is provided to permit the development of such uses and to impose certain development standards so as to minimize potential negative impacts within and beyond the district. The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Chapter, are the regulations in the M-2 Industrial District.

Permitted Uses. The permitted uses in the M-2 Industrial District are those as provided for in Section 400.120(D) of this Article; however, no building shall be erected, reconstructed or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises.

Accessory Uses.

Accessory buildings and uses customarily incident to the above uses.

Where a lot is used for a commercial or industrial purpose, more than one (1) main building may be located upon the lot, but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.

Special Uses. Certain additional uses may be permitted in the M-2 Industrial District as provided for in the Table of Permitted and Special Uses, Section 400.120 of this Article, and subject to the provisions of Article V of this Chapter. Additional provisions apply to certain uses as listed below:

Any use substantially similar to the special uses listed Section 400.120(D) in terms of the effect of the proposed use upon surrounding properties may be permitted, provided that, in determining whether such proposed use is substantially similar to the expressed special uses, there shall be taken into consideration any objectionable characteristics of the proposed use, including, but not limited to, the emission of odor, dust, smoke, gas fumes, noise or vibration, as well as the criteria set out in Article IV, Section 400.195, and Article V, Section 400.230; provided further, however, that any such substantially similar special use shall be consistent in all other respects with the provisions of this Chapter.

Open storage, hereby defined to include the unsheltered placement upon the land of items such as, but not limited to, construction equipment, construction materials, machinery, vehicles and scrap metal; provided, however, that nothing herein shall be construed to permit the storage upon the land of abandoned motor vehicles, as that term is defined in Chapter 235 of the Washington City Code.

Adult entertainment use, except notwithstanding anything contained herein to the contrary, no adult entertainment use shall be located closer than one thousand two hundred (1,200) feet from any residential or commercial zoning district.

Parking And Loading Requirements.

Location Of Parking Spaces And Vehicle Types That May Be Parked.

No trucks, truck trailers, or vehicles of any type shall be on skids, jacks, or any other device that will make them immobile or inoperable, except for emergency repairs.

No trucks or trailers of any kind, or any portions thereof, shall be used for storage purposes.

Loading Requirements.

There shall be provided, at the time any building is erected or structurally altered, off-street loading space in accordance with the requirements of Article VI of this Chapter.

Area Requirements.

Minimum depth of front yard: twenty-five (25) feet.

Minimum depth of rear yard: twenty-five (25) feet.

Height Requirements. The maximum height is ninety (90) feet.

Section 400.115 PD Planned Development Districts.

[R.O. 1992 § 400.115; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 18-11899, 9-4-2018; Ord. No. 22-13522, 4-18-2022]

Intent And Purpose.

The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.

The City Council, upon recommendation by the Planning and Zoning Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These Planned Development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The City Council may, upon proper application, approve a Planned Development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards in order to achieve one (1) or more of the following objectives:

Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property;

Functional and beneficial uses of open space areas;

Preservation of natural features of a development site;

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program;

Recreational and economical in relation to public utilities and services;

Efficient and effective traffic circulation, both within and adjacent to the development site.

Relationship Of Planned Development Districts To Zoning Map.

A Mapped District. The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation, as detailed in this Section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.

Plan Approval Required. It is the intent of this Section that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section, Article XII, "Amendments," and applicable Sections of Chapter 410, "Subdivisions," of the Washington Municipal Code.

Coordination With Article XII, "Amendments," And Chapter 410, "Subdivisions," Of The Municipal Code.

When a Planned Development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Chapter 410 of the Municipal Code shall be carried out simultaneously with the review of a Planned Development under this Subsection of this Section. As applicable, reference is made to requirements in Chapter 410 of the Municipal Code within this Section. With regard to these references, said Chapter 410 may contain the term "plat," which under the PD District requirements is intended to be synonymous with "plan" as appropriate.

Since obtaining a PD District designation requires a map amendment (rezoning), the requirements and procedures of Article XII, "Amendments," shall apply. As applicable, reference to Article XII is made within this Section.

Types Of Planned Developments. An area approved for the PD designation shall be assigned one (1) of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this Section.

Planned Development — Residential (PD-R): Planned developments involving residential uses only.

Planned Development — Commercial (PD-C): Planned developments involving commercial uses only.

Planned Development — Industrial (PD-I): Planned developments involving industrial and limited commercial uses only.

Planned Development — Mixed Use (PD-MXD): Planned developments involving residential and limited commercial uses.

Permitted Uses. The permitted uses for all Planned Development Districts as provided for in Subsection (D) above are those as provided for in Section 400.120(D) of this Article.

Minimum Planned Development Site Size.

The minimum site size for any of the Planned Development Districts shall be as follows:

PD District	Minimum Site Size in Acres
PD-R	1.5
PD-C	5.0
PD-I	10
PD-MXD	10

These minimum site sizes may be waived by the City Council upon report by the Planning and Zoning Commission; if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the City Council should determine such waiver to be in the general public interest.

Density And Dimensional Regulations And Performance Standards.

General Standards.

The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No Planned Development shall be allowed which would result in:

(1)

Inadequate or unsafe vehicular access to the development;

(2)

Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing "level of service D" as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers;

(3)

An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;

(4)

A failure to comply with the performance standards contained in Article V, Section 400.230;

(5)

Other detrimental impacts on the surrounding area, including, but not limited to, visual pollution.

In addition to the above requirements, all planned developments shall be subject to the review criteria established in Article V of this Chapter. It shall be the responsibility of the applicant to clearly establish that the above requirements are met.

Other Codes. All requirements of other codes and ordinances of the City (e.g., Building Code) shall be applicable.

Planned Development — Residential (PD-R).

Density. The density of a planned residential development shall be reviewed by the Planning and Zoning Commission and a recommendation submitted to the City Council. The City Council shall determine if the proposed density exceeds what is necessary and appropriate for the surrounding area or if it fails to comply with the general standards set forth in Subsection (G) of this Section.

Development Phasing. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the City Council. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved PD-R District.

Non-Residential Uses In PD-R Developments. Non-residential uses are limited to those specifically listed in the dwelling zoning districts. Such non-residential uses shall be subject to all requirements for lot area, width, height, yards and setbacks prescribed in the district in which the proposed PD-R development is located.

Perimeter Buffer Requirements.

(1)

Where a PD-R development proposes residential development along the perimeter of the site, which is higher in density than that of an adjacent dwelling district, there shall be a minimum thirty (30) foot wide buffer area meeting the requirements of Article IV, Section 400.190(I). The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.

(2)

Where a PD-R development abuts a commercial or industrial use or district, there shall be a minimum thirty (30) foot wide buffer area meeting the requirements of Article IV, Section 400.190(I). This buffer area shall be permanent and landscaped and/or otherwise provided with screening (i.e., sight proof fencing) so as to effectively screen the commercial or industrial use from the PD-R development.

(3)

Buffer requirements may be waived by the City Council per the approved plan.

Planned Development — Commercial or Industrial (PD-C or PD-I).

Site Coverage. Total site coverage by uses permitted in the PD-C or PD-I Districts shall be seventy percent (70%), except as permitted to be exceeded in accordance with Subsection (G)(4)(b) below.

Site Coverage Bonus. The Planning and Zoning Commission may recommend, and the City Council may approve, an increase in maximum site coverage from seventy percent (70%) up to eighty percent (80%). In order to qualify for this bonus, the development plan must demonstrate compliance with four (4) or more of the following performance criteria:

(1)

Incorporate storm drainage retention facilities as a site amenity.

(2)

Install storm drainage detention facilities underground.

(3)

Increasing parking lot landscaping by fifty percent (50%) more than otherwise required.

(4)

Submitting for approval developments on tracts that are five (5) or more acres in size.

(5)

Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property.

(6)

Construction of separate-grade pedestrian and bicycle paths.

(7)

Providing for screened loading areas.

(8)

Demonstration of a development using innovative architectural, site planning and land use design and of such quality as to set an excellent example for subsequent development or redevelopment projects.

(9)

Any other performance criteria that further the goals, objectives and policies of the Comprehensive Plan and that, in the opinion of the Planning and Zoning Commission and City Council warrant the approval of development bonuses.

Signage. Signage shall be in compliance with Chapter 405, "Sign Regulations," unless the applicant for a PD-C or PD-I District designation elects to submit a "Comprehensive Sign Plan" in addition to the submission of other required development plan documents. The Planning and Zoning Commission may recommend, and the City Council may approve, a Comprehensive Sign Plan and such plan shall be made part of the ordinance approving the PD District. This ordinance may contain conditions, requirements or standards regarding signs that may be stipulated by the City Council. Comprehensive Sign Plans approved under this Section shall be evaluated based upon the following criteria:

(1)

Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures and sign orientation relative to viewing distances and viewing angles.

(2)

Quantity. The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development subareas and business identification. Factors to be considered shall include the size of the development, the number of development sub-areas, and the division or integration of sign functions.

(3)

Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. In no event shall a plan contain a sign which exceeds by more than fifty percent (50%) that of any maximum area standard contained in Article VII, "Sign Regulations," unless otherwise waived by the City Council.

(4)

Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style or the use of consistent lettering style and typography.

A request for approval for a Comprehensive Sign Plan shall accompany the request for PD-C or PD-I zoning classification, and shall include, but is not limited to, the following:
(1)	A site plan, depicting the proposed plan of development and illustration of proposed sign locations;
(2)	Descriptions and drawings indicating size, qualities, materials and illumination; and
(3)	A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the Comprehensive Sign Plan relates to each of the criteria set forth in this Section.

Perimeter Buffer Requirements. Where a PD-C or a PD-I development abuts a residential district, there shall be a minimum fifty (50) foot buffer area between any non-residential use and the adjacent residential district. This buffer area shall be landscaped in accordance with Article IV, "Supplementary Regulations," Section 400.190(I).

Minimum Building Setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-C or PD-1 development. Where a commercial or industrial use abuts a dwelling district, the minimum building setbacks established in the district regulations shall apply.

Planned Development — Mixed Use.

Density. Residential density shall be reviewed per approved plan.

Site Coverage. Total site coverage by uses permitted in the PD-MXD District shall not exceed seventy percent (70%), except as permitted to be exceeded in accordance with Section 400.115(F)(4)(b).

Signage. (see Section 400.115(F)(4)(c)).

Perimeter Buffer Requirements.

(1)

When the residential portion of the development is along the perimeter of the site and is higher in density than that of an adjacent dwelling district, there shall be a minimum thirty (30) foot wide buffer area in accordance with the requirements of Article IV, "Supplementary Regulations," Section 400.190(I). The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.

(2)

When commercial development abuts a dwelling district, there shall be a minimum fifty (50) foot buffer area between the commercial use and the adjacent dwelling district. This buffer area shall be landscaped in accordance with Article IV, "Supplementary Regulations," Section 400.190(I).

Other Development Regulations Applicable To PD Districts:

Article IV, Supplementary Regulations.

Article VI, Off-Street Parking and Loading Requirements.

Signs, Chapter 405 [except as may be modified through a comprehensive sign plan. See Subsection (G)(4)(c) of this Section].

Subdivision, Chapter 410, of the Washington Municipal Code.

Dedication And Reservation Of Land. Whenever a planned development embraces all or any part of a major, collector, or local access street, drainageway or other public way which has been designated in the adopted Comprehensive Plan or other official plans of the City of Washington, sufficient land shall be dedicated or reserved on the development plan for said public improvements in a manner similar to that required of all subdivisions as specified in Chapter 410, Subdivision Regulations, of the Washington Municipal Code.

Sketch Plan.

Sketch Plan Meeting.

Prior to petitioning for a rezoning to one of the planned development districts, the prospective applicant shall schedule a preapplication meeting with the Zoning Administrator. The Zoning Administrator may request that other City department representatives attend this meeting. At this meeting, the prospective applicant shall provide general information on the proposed development, including site location, existing site conditions, and a sketch plan of the proposed planned development. The Zoning Administrator shall report to the applicant the staff's evaluation of the sketch plan, with respect to its compliance with the intent of the planned development regulations, as soon as practical after the meeting.

The sketch plan meeting is a required but informal procedure intended to benefit the prospective applicant by allowing for an exchange of ideas and information and providing an opportunity to review the requirements of the PD District regulations with the prospective applicant. No formal approval from the Zoning Administrator or other City staff is required prior to proceeding with the preliminary development plan stage.

Contents Of Sketch Plan. The information to be included with the sketch plan shall include the following information:

The proposed use and development of the parcel, including principal and accessory uses, with special attention to open space, plazas, landscaped areas and all buffering from adjacent uses;

The location of the parcel in relation to surrounding uses, buildings and zoning;

The boundaries, dimensions and area of the parcel;

The footprint of each proposed building or structure on the parcel, except one-family detached dwellings proposed on subdivided lots;

The amount of land area covered by buildings, structures, drives and parking facilities;

The form of proposed buildings and structures, including plan elevation views, with height and story information, and a description of proposed building materials;

A conceptual landscape plan, including size and location of trees, shrubs and ground cover, which may be in addition to that required by Section 400.190 of this Chapter;

Inclusion on the landscape plan, if applicable, of site improvements such as walls, berms, fences, walkways, street furniture and lighting elements;

The location, general design and width of existing and proposed driveways and curb cuts;

The location, size and number of proposed parking spaces;

The location and size of loading areas;

Existing and proposed site grades at a minimum of two-foot contours;

The location and general size of proposed utilities, including water (including fire hydrants), sanitary sewer, storm sewer, gas and electric;

The location of refuse collection facilities and related screening;

The type, size and location of all signs; and

The location, type and size of proposed lighting facilities.

Preapplication Meeting with Planning and Zoning Commission.

Prior to formal application of rezoning to a PD District, the applicant shall submit the sketch plan for review by the Planning and Zoning Commission. The applicant shall submit ten (10) copies of the sketch plan documents to the Zoning Administrator at least ten (10) days prior to the Planning and Zoning Commission meeting at which the applicant wishes to have the plan reviewed.

Within thirty (30) days of the preapplication meeting held to review the sketch plan, the Planning and Zoning Commission shall inform the prospective applicant that the sketch plan does or does not meet the intent of the PD regulations. Any action by the Planning and Zoning Commission on the sketch plan does not constitute approval or endorsement of a proposed development.

Applicant attendance is not mandatory.

Preliminary Development Plan Procedure.

Preliminary Development Plan Submittal Requirements. The preliminary development plan submitted shall include the information required in Section 400.115(J)(2) above. In addition to these submittal requirements, the following shall be submitted as applicable:

Gross and net acreage of tract;.

Internal private circulation drives and parking areas, except driveways associated with one-family detached dwellings proposed on subdivided lots.

Maximum number of dwelling units allowed per the original zoning district or districts.

Number of dwelling units proposed and number of bedrooms, when parking requirements are based on bedroom count per dwelling unit.

Number of off-street parking spaces required and proposed.

The location, gross floor area of, and distance between buildings and structures. Floor area for non-residential uses shall be identified by use type.

The proposed location, size, landscaping, and general use of common ground, including recreational areas, plazas, and buffer areas. Landscaping information shall include location and approximate size (at time of planting) of all plant material by type (such as deciduous/coniferous trees, ornamental trees, shrub masses and ground cover, including grassed areas, ivies, etc.). Landscaping within parking areas shall be included.

The location and details of all retaining walls, fences and earth berms.

The location of all refuse collection facilities, including screening to be provided.

Illustrative site cross sections [two (2) minimum] indicating edge conditions and internal grade changes in relation to principal variations of building elevations and site lines to adjacent properties/structures.

Typical building elevations of sufficient scale and detail to illustrate building mass, exterior construction materials and signage, if applicable.

Project report to include an explanation of the character of the proposed development, verification of the applicant's ownership or contractual interest in the subject site and proposed development schedule.

The applicant may be required to provide such additional clarification and/or detail of the site plan as determined by the Zoning Administrator or the Planning and Zoning Commission. In addition, other information or details many be required by the City. Examples of such additional information or details include, but are not limited to, a report on project features, a phasing schedule, a floodplain study, an environmental impact study and a traffic impact study.

Preliminary Development Plan Review Procedure.

The review procedure for a preliminary development plan shall be in accordance with the review procedure for a preliminary plat, specified under Section VII(B) in Appendix C of the Municipal Code.[1] The Planning and Zoning Commission may recommend approval, disapproval or approval with amendments, conditions or restrictions with respect to the preliminary development plan.

[1]

Editor's Note: See Section 410.035 for subdivision review and approval process.

Applicant attendance is mandatory.

Public Hearing On Preliminary Development Plan And Rezoning Request. A public hearing on the rezoning request and the associated preliminary development plan shall take place before the Planning and Zoning Commission in accordance with Article XII, Section 400.520, Public Hearing.

City Council Action On Preliminary Development Plan And Rezoning Request.

City Council action on the rezoning request shall be subject to the provisions of Article XII, Section 400.525, City Council Action.

If the preliminary development plan is approved by the City Council, it shall adopt a resolution approving said preliminary development plan, with conditions as may be specified, and authorizing the preparation of the final development plan.

Simultaneously with the approval of the preliminary development plan, the City Council shall adopt an ordinance rezoning the site to the appropriate PD District, and said ordinance shall include, but not be limited to, the following:

Legal description of the development site.

The planned district zoning classification approved.

Reference to the resolution approving the preliminary development plan and which authorizes preparation of the final development plan.

A statement requiring approval of a final development plan and plat (if applicable), by the City Council, prior to issuing building permits.

PD-R Developments. The number and type of dwelling units authorized, including number of bedrooms per dwelling unit by type, and the total square footage authorized for any non-residential use permitted.

PD-C and PD-I Developments. The total square footage authorized for all commercial, office, and/or industrial uses.

PD-MXD Developments. The number and type of dwelling units authorized, including the number of bedrooms per dwelling unit by type, and the total square footage authorized for commercial uses or other non-residential uses.

Building and structure height limitations.

Minimum building setback requirements.

Off-Street parking requirements (via reference to Article VI of the this Chapter).

Reference to Chapter 405, Sign Regulations, or reference to an approved comprehensive sign plan, as provided for in Subsection (G)(4)(c).

Acreage and function of common open space.

Effect Of Approval Of Preliminary Development Plan And Period Of Validity.

All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all of said area.

Approval of the preliminary development plan by the City Council is merely an authorization to proceed with the preparation of the final development plan.

Approval of the preliminary development plan shall be valid for a period of two (2) years from the date of City Council approval. If an application for final plan approval for all or a portion of the preliminary plan has not been filed within the two-year period, then a resubmission of the preliminary development plan shall be required if the applicant intends to pursue final plan approval. The City Council, upon recommendation from the Planning and Zoning Commission, may grant up to a one-year extension from the date that the period of validity expired. The Council may reject such resubmission of the same development plan in light of new facts and circumstances relating to the development plan.

In no case shall a building permit be issued prior to final development plan approval.

At such time as the period of validity has expired, the resolution approving the preliminary development plan shall become null and void. In the event that the development plan involved rezoning all or a portion of the property comprising the development, the City Council may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of Article XII of this Chapter.

Final Development Plan Procedure.

Final Development Plan Submittal Requirements. The final development plan shall include the required information described in Section 400.115(K) and (M) above, as applicable. In addition to these submittal requirements, the following shall be submitted.

The information required for the preliminary development plan, except that it be in its final form.

The final landscape plan with specific location of all plant material, specifying size and species.

Compliance With Approved Preliminary Development Plan. The final development plan shall be in substantial compliance with the approved preliminary development plan. Modifications and refinements, resulting from the final design process, may be approved. In no event shall any modification of the development plan result in the following:

A change in the use or character of the development;

An increase in building or site coverage;

An increase in the intensity of use (e.g., number of dwelling units);

An increase in vehicular traffic generation or significant changes in traffic access and circulation;

A reduction in approved open space or required buffer areas.

Final Development Plan Review And Approval.

The Zoning Administrator shall review the final development plan for compliance with the approved preliminary development plan and any modifications and refinements that resulted from the final design process and provide a report to the City Council.

If the final development plan is in compliance with the approved preliminary development plan and any approved modifications or refinement, the City Council shall introduce an ordinance.

Recording Of Final Development Plan. After the final development plan (and subdivision plat, if applicable) and other associated documents have been approved by the City Council, the applicant shall record the final development plan in accordance with provisions of Chapter 410, Section 410.040, of the Washington Municipal Code.

Amendments To Final Development Plan.

Minor Changes. Minor changes in the location, siting and height of buildings and structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this Section shall cause any of the following:

A change in the use or character of the development;

An increase in building or site coverage;

An increase in the intensity of use (e.g., number of dwelling units);

An increase in vehicular traffic generation or significant changes in traffic access and circulation;

A reduction in approved open space or required buffer areas; or

A change in the record plat.

Plan Amendments. All proposed changes in use, or rearrangement of lots, blocks and building tracts, changes in the provision of common open spaces, and changes which would cause any of the situations listed under Subsection (Q)(1) above shall be subject to approval by the City Council. In such event, the applicant shall file a revised development plan and be subject to the requirements of this Section as if it were an entirely new application.

Failure To Initiate Construction After Final Development Plan Approval.

Period Of Validity. No approval of a final development plan shall be valid for a period longer than two (2) years from the date of approval unless, within such period, a building permit is obtained and construction of a development's foundation is commenced.

Extension. The City Council may grant a one-year extension upon written request of the original applicant if the application submitted is substantially the same as the initially approved application.

Lapse In Period Of Validity. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms and conditions thereof may be declared null and void, and the City Council may initiate proceedings to rezone the site to its original or other appropriate zoning district in accordance with the procedures and requirements of Article XII, Amendments.

Section 400.120 Table Of Permitted And Special Land Uses.

[R.O. 1992 § 400.120; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]

Intent And Purpose. In order to establish a recognized system of identification of land uses by both general and specific type, and to provide a way in which to determine the category or use type that a particular land use is within, the City of Washington is hereby adopting the North American Industry Classification System (NAICS) for its land use designations. The NAICS was jointly developed by the United States Office of Management and Budget through its Economic Classification Policy Committee and the Instituto Nacional de Estadística y Geografía of Mexico and Statistics Canada. The most-recent version of the NAICS is from 2012. However, as the nature of land uses change, this system is updated from time to time and therefore subject to change. The most-recent published version of the NAICS will be the determining source for the purposes of this Article of the Zoning Code.

Permitted And Special Uses By District. The land uses permitted by right or subject to the special use regulations of Article V within each district as set forth in Article III, Sections 400.055 through 400.115, above are listed in the Washington Zoning District Land Use Table that follows in this Section. In the NAICS, land uses are listed by two-digit sectors, three-digit sub-sectors, and detailed use and sub-use listings of four- to six-digit levels. The Washington Land Use Table herein provides land uses primarily at four-digit levels (although a few three-digit sub-sectors are listed).

Determination Of Uses Not Listed.

If a particular land use is being requested by a property owner for development within a particular district and that use is not listed in the table, then the NAICS is intended to be the determining source for identifying the type of use by referring to the sub-sector data from the NAICS listing to make such determination. However, the ultimate determination of the permission of a use by right or by special use permit will ultimately be controlled by the provisions of Chapter 400 and other related Chapters of the Municipal Code that apply.

In certain instances, the code designation in the table will be indicated as "NF." This is used in instances where a particular use does not readily translate to the NAICS system and where the land use is defined in Article II of this Chapter.

Table Of Permitted And Special Uses. The Table of Permitted and Special Uses is included as an attachment to this Chapter.