[R.O. 2003 § 405.050; CC 1997 § 3-101; Ord. No. 829-95 § 3-101, 3-27-1995]
A.
For the purposes of this Chapter, the City
of Gallatin is hereby divided into zoning districts as shown on the
Official Zoning Map, which, together with all explanatory matter thereon,
is hereby incorporated by reference and declared to be a part of this
Chapter. Said districts shall be known as:
1.
"R-1" Single-Family Residence District.
2.
"R-2" One- and Two-Family Residence
District.
3.
"C-1" General Commercial.
4.
"C-2" Highway-Oriented Commercial
District.
5.
"I-1" Limited Industrial District.
6.
"I-2" General Industrial District.
7.
"O-1" Open Space/Agricultural District.
8.
"P-1" Public Zone District.
[R.O. 2003 § 405.060; CC 1997 § 3-102; Ord. No. 829-95 § 3-102, 3-27-1995]
A certified copy of the Official
Zoning Map, together with any amendments thereto, shall be filed with
the Daviess County Recorder of Deeds. In the case of conflict between
said map and the provisions of this Chapter, the latter shall govern.
[R.O. 2003 § 405.070; CC 1997 § 3-103; Ord. No. 829-95 § 3-103, 3-27-1995]
A major thoroughfare plan or community
facilities plan may be adopted by the Governing Body pursuant to the
provisions of Section 89.340, RSMo., and, if adopted, shall be included
on the Official Map. Subsequent to inclusion of such a plan or plans,
whenever any street or highway is widened or improved or any new street
is opened or interests in lands for other public purposes are acquired
by the municipality, it shall not be required in such proceedings
to pay for any building or structure placed without a permit or in
violation of conditions of a permit within the limits of the mapped
street or outside of any building line that may have been established
upon the existing street or within any area thus identified for public
purposes.
[R.O. 2003 § 405.080; CC 1997 § 3-104; Ord. No. 829-95 § 3-104, 3-27-1995]
All territories which may hereafter
be annexed to the City of Gallatin shall be subject to the zoning
classification of "O-1," provided that the annexed area may be subject
to such interim zoning requirements as the Board of Aldermen may approve.
The Planning and Zoning Commission shall immediately begin review
of the zoning classification of any annexed land and shall, within
six (6) months of the date of said annexation, prepare a report and
submit a recommendation to the Board of Aldermen as to the proper
zoning district classification.
[R.O. 2003 § 405.090; CC 1997 § 3-105; Ord. No. 829-95 § 3-105, 3-27-1995]
Whenever any street, alley or other
public way is vacated by official action of the Board of Aldermen,
the zoning districts adjoining each side of such street, alley or
public way shall be automatically extended to the center of such vacation
and all area included in the vacation shall then and henceforth be
subject to all appropriate regulations of the extended districts.
[R.O. 2003 § 405.100; CC 1997 §§ 4-101
— 4-105; Ord. No. 829-95 §§ 4-101
— 4-105, 3-27-1995]
A.
No building or structure or part thereof
shall hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all of the applicable regulations
herein specified for the zoning district in which it is located.
B.
The uses permitted or prohibited in each
zoning district shall include, but shall not be limited to, those
uses enumerated as being permitted or prohibited within the respective
zoning district as set forth herein.
C.
When a use is proposed for a zoning district
that is not explicitly permitted or prohibited within the zoning district,
the Planning and Zoning Commission shall determine whether said use
is compatible (i.e., in character), and if it so finds that it is,
authorize said use to be established. The Planning and Zoning Commission
shall decide each application on its merits, taking into consideration
such factors as existing uses, access, location, adequacy of public
utilities to the area in question, major street plans, etc. The Planning
and Zoning Commission may impose conditions under which a use may
be permitted in order to insure compatibility. The finding of a use
to be compatible in one (1) location does not mean the same use is
compatible at another location, even within the same zoning district.
D.
The regulations pertaining to each zoning
district establish the character of the zoning district, and the regulations
shall be applied uniformly within the zoning district.
E.
No building or other structure shall hereafter
be erected or altered to:
[R.O. 2003 § 405.110; CC 1997 § 4-106; Ord. No. 829-95 § 4-106, 3-27-1995]
A.
When uncertainty exists with respect to
the boundaries of districts as shown on the Official Zoning Map, the
following rules shall apply:
1.
District boundary lines are intended
to be along or parallel to the centerline of streets, alleys, easements,
other rights-of-way and creeks, streams, or other water channels.
2.
District boundary lines are intended
to be identical with or parallel to property lines of the lot lines
of platted additions.
3.
In the absence of specific distances,
such dimensions shall be determined by the scale of the Official Map.
4.
When the street or property layout
existing on the ground is at variance with that shown on the Official
Zoning Map, the City Planning and Zoning Commission shall interpret
the district boundaries of this Chapter.
[R.O. 2003 § 405.120; CC 1997 § 5-101; Ord. No. 829-95 § 5-101, 3-27-1995; Ord. No. 989-02 §§ 1
— 3, 10-28-2002]
A.
Residential District "R-1." This district
is intended to provide for residential development of spacious character,
together with such public buildings, schools, churches, public recreational
facilities and accessory uses as may be necessary or are normally
compatible with residential surroundings.
B.
Permitted Uses.
1.
Single-family dwelling.
2.
Public elementary or high schools,
or private schools with an equivalent curriculum.
3.
Existing crop or horticultural farms,
truck gardens and nurseries.
4.
Parks and recreational areas owned
or operated by governmental agencies.
5.
Home occupations; provided, however,
that said home occupations shall not result in excessive demand for
on-street parking in residential areas, nor shall said home occupations
create excessive noise, dust, odor, or be incompatible with the residential
character of the neighborhood.
6.
Churches.
C.
Conditional Uses. The following uses are
permitted upon approval by the City Planning and Zoning Commission:
1.
Municipal administration buildings,
police and fire stations, libraries, museums, post offices, and other
government service buildings, except those customarily considered
industrial in use, providing that no building shall be located within
fifty (50) feet of a residence.
2.
Water supply buildings, reservoirs,
wells, elevated tanks and similar essential public utility and service
structures.
3.
Cluster single-family housing, detached,
when keyed to topographic considerations or unique design proposals
subject to a minimum tract area of three (3) acres under single or
unified ownership. Overall density shall not exceed six (6) dwelling
units per acre (based on gross acreage) and shall be permitted only
subject to approval of an overall development plan for the tract by
the Planning and Zoning Commission.
4.
Hospitals, nursing homes and elderly
housing projects, providing that no principal or accessory structure
shall be located within fifty (50) feet of any lot in a residential
district.
5.
Mobile home parks.
6.
Private parks, golf courses, country
clubs, tennis courts, recreational clubs and similar recreational
uses, providing that no building shall be located within fifty (50)
feet of any lot in a residential district.
7.
The keeping or rearing of livestock
or commercial raising of bees, except that no livestock shall be permitted
that create offensive odors, excessive noise, dust, or have the potential
for being incompatible with the neighborhood.
8.
Manufactured homes on permanent foundations
or pre-manufactured buildings. The applicant must furnish a photo
of the proposed manufactured home or pre-manufactured building to
the Planning and Zoning Commission before a permit is issued, and
a five-year age limit is placed on manufactured homes or buildings.
A public hearing will be held prior to the issuance of a permit to
allow residents opportunity to express concerns.
9.
Kennels.
10.
Group Homes. The exterior appearance
of the home and property shall be in reasonable conformance with the
general neighborhood standards. No group home shall be located within
five hundred (500) feet of another group home. Group homes shall be
eleemosynary or not-for-profit in nature.
E.
Area Requirements.
1.
Minimum lot area: seven thousand
five hundred (7,500) square feet.
2.
Minimum lot width (measured at front
yard line): seventy-five (75) feet.
3.
Minimum lot depth: one hundred (100)
feet.
4.
Minimum yard requirements.
a.
Front: twenty-five (25) feet.
b.
Side: ten (10) feet.
c.
Side (exterior): twenty-five (25)
feet.
d.
Rear: twenty-five (25) feet.
e.
Accessory uses shall have a front
yard and an exterior side yard of not less than that required for
the principal structure. An interior side yard shall be not less than
three (3) feet and a rear yard of not less than ten (10) feet.
5.
Maximum height: two and one-half
(2 1/2) stories or thirty-five (35) feet.
6.
Maximum lot coverage: forty percent
(40%).
[R.O. 2003 § 405.130; CC 1997 § 6-101; Ord. No. 829-95 § 6-101, 3-27-1995; Ord. No. 989-02 §§ 1
— 3, 10-28-2002]
A.
Residential District "R-2." This district
is intended to provide for residential development of moderate- to
high-density character, together with such public buildings, schools,
churches, public recreational facilities and accessory uses as may
be necessary or are normally compatible with residential surroundings.
B.
Permitted Uses.
1.
Single-family dwelling.
2.
Two-family dwelling.
3.
Multifamily dwelling.
4.
Public elementary or high schools,
or private schools with an equivalent curriculum.
5.
Existing farms, truck gardens and
nurseries, greenhouses.
6.
Churches.
7.
Home occupations, except that home
occupations are not permitted which create excessive on-street parking
demand, excessive noise, odor, dust, or have other objectionable characteristics.
C.
Conditional Uses. The following uses are
permitted upon approval by the City Planning and Zoning Commission:
1.
Municipal administration buildings
and structures, police and fire stations, public service establishments
(non-profit), and essential public utility and service structure.
2.
Mortuaries or funeral homes.
3.
Clubs, lodges, or fraternal organization
centers, non-profit only, provided that no business activity carried
on as a service to the public shall be permitted.
4.
Livestock and/or the keeping of bees
for commercial purposes, provided that livestock do not create offensive
odors, noise, dust, or non-point pollution which would be incompatible
with the neighborhood.
5.
Hospitals, nursing homes and housing
requiring special utility connections, provided that no principal
or accessory structure shall be located within fifty (50) feet of
any lot in a residential district.
6.
Private parks, golf courses, country
clubs, tennis courts, recreational clubs and similar recreational
uses, providing that no building shall be located within fifty (50)
feet of any lot in a residential district.
7.
Commercial activities located on
farms and limited to the sale of produce on such farms.
8.
Mobile home parks.
9.
Manufactured homes on permanent foundation
or pre-manufactured buildings. The applicant must furnish a photo
of the proposed manufactured home or pre-manufactured building to
the Planning and Zoning Commission before a permit is issued, and
a five-year age limit is placed on manufactured homes or buildings.
A public hearing will be held prior to the issuance of a permit to
allow residents opportunity to express concerns.
10.
Kennels.
11.
Group Homes. The exterior appearance
of the home and property shall be in reasonable conformance with the
general neighborhood standards. No group home shall be located within
five hundred (500) feet of another group home. Group homes shall be
eleemosynary or not-for-profit in nature.
E.
Area Requirements.
1.
Minimum Lot Area.
a.
Single-family dwelling: seven thousand
five hundred (7,500) square feet.
b.
Two-family dwelling: three thousand
five hundred (3,500) square feet per unit [seven thousand (7,000)
square feet minimum lot size].
c.
Multifamily dwelling: one thousand
five hundred (1,500) square feet per unit [seven thousand (7,000)
square feet minimum lot size].
d.
Mobile home park: two (2) acres.
e.
All other permitted uses: seven thousand
(7,000) square feet.
4.
Minimum Yard Requirements.
a.
Front: twenty-five (25) feet.
b.
Side: ten (10) feet.
c.
Side (exterior): twenty-five (25)
feet.
d.
Rear: twenty-five (25) feet.
e.
Accessory uses shall have a minimum
front setback of not less than the principal structure, a minimum
side yard of not less than ten (10) feet, except on an exterior lot
side yard shall be not less than that required for the principal structure
and a minimum rear yard of not less than ten (10) feet.
[R.O. 2003 § 405.140; CC 1997 § 7-101; Ord. No. 829-95 § 7-101, 3-27-1995]
A.
Central Business District "CBD." The Central
Business District is the zone district created for the area of intensive
commercial uses, including retail stores, banks, offices and related
uses.
B.
Permitted Uses.
1.
Retail establishments which sell
such goods as groceries, drugs, hardware, variety merchandise, dry
goods, automotive parts, etc.
2.
Service establishments, including
banks, cafes and restaurants, barber and beauty shops, motion picture
theaters, professional offices, new and used car sales, utility offices
and public buildings.
3.
Printing offices and plants.
4.
Eating establishments.
5.
Other land uses similar to those
listed directly above.
C.
General Requirements. All uses in the Central
Business District shall be exempt for off-street parking requirements,
except that any business hereafter building or expanding on a parcel
in the Central Business District which results in a gross floor area
of fifteen thousand (15,000) square feet or more shall provide off-street
parking at the ratio of one (1) space for each two hundred fifty (250)
square feet of floor area. Such parking does not necessarily have
to be located on the same parcel, but must be located within three
hundred (300) feet of the use to be served.
[R.O. 2003 § 405.150; CC 1997 §§ 8-101
— 8-105; Ord. No. 829-95 §§ 8-101
— 8-105, 3-27-1995]
A.
General Commercial District "C." The General
Commercial District is the zone district intended for retail and service
land uses that provide adequate off-street parking and unloading facilities,
that need large areas for outdoor storage, and that serve the traveling
public. This district will, in most cases, be located adjacent to
a highway or major arterial street.
B.
Permitted Uses.
1.
Retail establishments selling such
goods as hardware, feed, poultry supplies, home building supply, farm
equipment, mobile homes, marine equipment (boats, trailers, etc.),
etc.
2.
Eating establishments (cafes, restaurants).
3.
Offices for professional and service
people, including doctors, dentists, lawyers, realtors, radio and
television service and repair.
4.
Dry-cleaning and laundry establishments.
5.
Automotive service stations.
6.
Automotive repairs and sales (new
and used).
7.
Warehousing — commercial.
8.
Commercial recreation, such as bowling
alleys, golf driving ranges, drive-in theaters, skating rinks, etc.
9.
Automatic laundries (unattended).
10.
Funeral homes.
11.
Motels and motor hotels.
12.
Places of public assembly.
13.
Other land uses similar to those
listed directly above.
D.
Area Requirements.
E.
Off-Street Parking. On-lot parking shall
be provided as follows:
F.
When a Commercial Zoning District abuts
a residential zoning district, a minimum rear yard of twenty-five
(25) feet is required. Screening in the form of a clapboard fence
or line of shrubs or bushes may also be required as a condition for
obtaining a building permit by the City Planning and Zoning Commission.
[R.O. 2003 § 405.160; CC 1997 § 9-101; Ord. No. 829-95 § 9-101, 3-27-1995]
A.
Light Industrial Districts "I-1." The term
"light" refers to performance characteristics. Uses included in the
category are warehousing and industries which may produce "some noise,
traffic congestion or danger, but which are of such scale or character
that they present no serious hazard to neighboring premises from fire,
smoke, noise or odors."
B.
Performance Standards.
1.
All uses permitted in the "I-1" Light
Industrial District shall comply with the following performance standards
as interpreted by the Planning and Zoning Commission or Zoning Administrator.
2.
No use shall be permitted or operated
that produces vibration, concussion, dust, dirt, fly ash, odor, noxious
gases, heat or glare perceptible at any point on the lot line.
C.
Conditional Uses Allowed. The Planning
and Zoning Commission shall have the responsibility of issuing special
use permits for activities which may pose a problem with respect to
noise, pollution, vibration, or due to the injurious nature of a manufacturing
activity. All manufacturing activities that the Zoning Administrator
deem as potentially hazardous to the citizens of Gallatin shall be
required to obtain a conditional use permit prior to construction.
Said conditional use permit may set forth minimum standards for operation
and may be valid for a defined time period.
[R.O. 2003 § 405.170; CC 1997 § 10-101; Ord. No. 829-95 § 10-101, 3-27-1995]
A.
"I-2" Heavy Industrial District. Heavy
industrial includes activities with relatively strong nuisance characteristics
or high hazard factors. Again, the classification does not depend
on the products handled but on the degree of nuisance interpreted
by the City which is a result of the manufacturing activity.
B.
Storage of bulk materials is permitted
when it is found that the specific location and safeguards provided
will so reduce the danger from fire or explosion as not to be dangerous
to the health, safety or general welfare of the community.
C.
Area Requirements.
1.
Industrial District "I-1."
a.
Lot Coverage. Structures shall not
cover more than fifty percent (50%) of the lot area.
b.
Yards. All structures shall be built
at least fifty (50) feet from the front property line and thirty-five
(35) feet from all other property lines.
c.
On-Lot Parking. Adequate on-lot parking,
one (1) parking space per employee, shall be provided for all employees
and visitors.
d.
On-Lot Parking Loading And Unloading
Facilities. Each structure or use shall provide on-lot loading and
unloading facilities which shall not block a street, alley or other
public way.
e.
Storage. All bulk storage must be
within the confines of structures or properly screened from front
site view.
2.
Industrial District "I-2":
a.
Lot Coverage. Structure shall not
cover more than seventy-five percent (75%) of the lot area.
b.
Yards. All structures erected after
these regulations become effective shall be built at least fifty (50)
feet from the front property line and twenty-five (25) feet from all
other property lines.
c.
On-Lot Parking. Adequate on-lot parking
spaces shall be provided for all employees and visitors.
d.
On-Lot Loading And Unloading Facilities.
Each structure or use shall provide on-lot loading and unloading facilities
which shall not block a street, alley or other public way.
[R.O. 2003 § 405.180; CC 1997 § 11-101; Ord. No. 829-95 § 11-101, 3-27-1995]
A.
Open Space And Floodplain District "O-1."
The purpose of this district shall be to provide for agricultural
land uses within the City of Gallatin as well as to designate certain
areas within the district generally unsuited for development due to
the potential for flooding or poor drainage. Other purposes include
protecting the rights of property owners within the City limits in
such a way as to permit the conduct of specified agricultural activities.
Other considerations in establishing this district include providing
a zone classification for land that is inaccessible by roadway, does
not have utilities, or is characterized as unsuited for development
due to steep slopes, rolling topography, or other environmental considerations.
B.
Permitted Uses. The following open space
uses shall be permitted within the "O-1" Zone District, provided that
they do not adversely affect the efficiency nor unduly restrict the
capacity of channels, floodways, or any tributary to a stream, drainage
ditch, or any other drainage facility or system:
1.
Permanent Open Space. Including,
but not limited to, parks, forests, golf courses and similar uses.
2.
Agricultural uses, except that livestock
shall be in concentrations that do not create offensive odors and
are in numbers for grazing purposes only.
3.
Soil and water conservation programs.
4.
Other uses similar to those listed
above which clearly reflect the purpose and intent of the Open Space
and Floodplain Zone District.
C.
Conditional Uses Allowed. The following
uses may be permitted if outside of a designated floodplain but within
an "O-1" Zone District upon application to the Planning and Zoning
Commission and subsequent approval of a conditional use permit:
1.
Single-family dwelling.
2.
Utility corridors and related facilities,
including, but not limited to, transmission towers, electrical power
lines, microwave relay towers, antennas, substations and pipelines,
etc.
3.
Mineral exploration.
4.
Borrow pits, quarrying activities,
crushing and screening of gravel.
5.
Other uses similar to those listed
above.
D.
Designated Floodplains. Areas designated
as floodplain under the Federal Flood Insurance Act[1] or by the City Planning and Zoning Commission after a
land survey has been completed shall be restricted from development
and from construction of structures designed for year-round residential
habitation. All new structures or modifications to existing structures
within the designated floodplain shall have a low flood damage potential
and shall not unduly impede the flow of potential floodwaters. The
City Planning and Zoning Commission may require that buildings constructed
in the designated floodplain areas of Gallatin after the date of adoption
of this Chapter be floodproofed in a manner designed to minimize the
potential for flood damage.
[1]
Editor's Note: See 42 U.S.C. § 2414.
E.
Area Requirements.
1.
Minimum lot area: one (1) acre [forty-three
thousand five hundred sixty (43,560) square feet].
2.
Minimum lot width: one hundred (100)
feet.
3.
Maximum lot coverage (including accessory
structures): twenty-five percent (25%).
5.
Maximum building height: thirty-five
(35) feet or three (3) stories.
[R.O. 2003 § 405.190; CC 1997 §§ 12-101
— 12-104; Ord. No. 829-95 §§ 12-101
— 12-104, 3-27-1995]
A.
Purpose. To recognize a district which
is currently in the public domain and which is the location of actual
or planned facilities intended to serve the public; to permit orderly
and economic development of public service utilities and schools within
such a "public" district.
B.
Principal Permitted Uses.
1.
Parks. Recreational, neighborhood,
natural preserves, and other uses exclusive of "utility parks."
2.
Schools. Public or private and ancillary
facilities.
3.
Utilities. Public and private utilities
in compliance with all local, State and Federal regulations.
4.
Hospitals and clinics. Exclusive
of public or private institutions for confinement of civil and criminal
commitments.
5.
Cemeteries.
6.
Other public works.
C.
Conditional Uses. Uses authorized upon
issuance of a conditional use permit include, but are not limited
to, the following:
D.
General Requirements. The following requirements
shall be observed:
1.
Accessory Uses. Uses incidental to
and in the same zone district as the principal use are allowed.
2.
Minimum Lot Size. Front yards, side
yards, rear yards, setbacks: All proposed developments, whether new
or amounting to expansions of existing uses, shall be reviewed and
approved by the Planning and Zoning Commission on matters related
to lot sizes, setbacks, side yards, etc.
3.
Maximum Lot Coverage. Sixty-five
percent (65%).
4.
Maximum Structure Height. No principal
structure shall exceed two (2) stories or thirty-five (35) feet in
height.
5.
Buffer Required. Where a Public Zone
District is located adjacent to another district in which the principal
permitted use is clearly in conflict with or may be negatively affected
by a permitted use in the Public Zone District, the Planning and Zoning
Commission may require buffer strips or other landscaping and related
measures as may be necessary to protect the public interest and/or
to comply with the spirit and intent of this Chapter.
