[HISTORY: Adopted by the Board of Aldermen of the City of
Parkville 2-7-2017 by Ord. No.
2884. Amendments noted where applicable.]
For the purpose of regulating and restricting the use and development
of land and buildings, the following districts are established, with
the intent given for relationship to the Master Plan.
A.
Zoning Districts And Intent Statements.
1.
R-1 Single-Family Residential. The R-1 Single-Family Residential
District provides residential living in a low-density neighborhood
setting and relatively spacious and natural character, with access
to supporting uses, such as schools, churches, parks and other public
facilities which reinforce residential neighborhoods. This district
should be used for residential neighborhoods where integration of
open and natural features is desired.
2.
R-2 Single-Family Residential. The R-2 Single-Family Residential
District provides residential living in a low-density neighborhood
setting and open character, with access to supporting uses, such as
schools, churches, parks and other public facilities which reinforce
residential neighborhoods. This district should be used generally
for a variety of residential neighborhoods throughout the City.
3.
R-3 Single-Family Residential. The R-3 Single-Family Residential
District provides residential living in a moderate-density neighborhood
setting and more community character, with access to supporting uses,
such as schools, churches, parks and other public facilities which
reinforce residential neighborhoods. This district should be used
generally for a variety of residential neighborhoods throughout the
City.
4.
R-4 Mixed-Density Residential. The R-4 Mixed-Density Residential
District provides residential living in a medium-density neighborhood
setting and compact, walkable character. The district provides primarily
detached houses and integrates a range of small-scale, civic and multi-unit
building types at strategic locations. This district should have strong
connections to a broad range of amenities, retail needs and support
services to promote walkable patterns. This district should be used
in older central sections of the City or new mixed-use areas.
5.
R-5 Multi-Family Residential. The R-5 Multi-Family Residential
District provides residential living in a higher density pattern in
planned apartment complexes or other large-scale multidwelling building
formats. The uses and buildings provide a transition between neighborhoods
and more intense uses, where a concentration of residences have a
high level of accessibility to public amenities and support services.
6.
B-1 Neighborhood Business District. The B-1 Neighborhood Business
District provides small-scale retail, service and employment uses
in a compact and walkable format that are well-integrated with residential
neighborhoods or other supporting uses that serve the needs of neighborhoods.
This district should be used to create destinations in close proximity
to residential neighborhoods.
7.
B-2 General Business District. The B-2 General Business District
provides a wide range of retail, service and employment uses that
are not easily integrated with neighborhoods or are at a scale, intensity
or in a format that requires a high level of vehicle accessibility
and visibility. This district should be used generally for commercial
and service uses that cannot be easily integrated or in close proximity
to neighborhoods.
8.
B-4-P Planned Business District. The B-4-P Planned Business
District provides a wide range of retail, service and employment uses
in a more integrated and master planned setting that creates effective
transitions to supporting and compatible uses in other adjacent districts.
This district should be used to create a better mixture of large and
small commercial uses and improved transitions and compatibility with
adjacent uses.
9.
OTD Old Town District. The OTD Old Town District provides a
broad range of retail, entertainment and civic uses, and supporting
accessory office, service, and residential uses, in a compact and
walkable format. This district preserves the scale and character of
original Parkville as the focal point of the community, and reinforces
a high level of civic design and small-scale urban patterns that keep
downtown Parkville vibrant.
10.
BP Business Park District. The BP Business Park District provides
for a mixture of office, research and development, warehousing, distribution,
light industrial and limited retail and service uses in a planned
business park setting with an emphasis on quality buildings relating
to integrated open spaces. Retail sales and services are allowed,
provided that they would support other businesses within the park.
This district should be used to concentrate employment uses and associated
smaller-scale commercial and service uses.
11.
P-EC Planned Educational Campus District. The P-EC Planned Educational
Campus District is intended to promote unified development through
master planning of public and private institutions for teaching and
learning in a campus setting, including: elementary and secondary
schools; colleges, universities and seminaries; and technical and
trade schools. This district is established to allow for design flexibility,
to encourage efficient use of land and public services and to ensure
high-quality design. These regulations are intended to allow innovative
development that is integrated within a campus setting and compatible
with historic character and patterns of nearby development.
12.
I-1 Light Industrial District. The I-1 Light Industrial District
provides manufacturing, service and business uses which do not require
intensive land coverage, generate large volumes of vehicular traffic,
or create obnoxious sounds, glare, dust or odor, and which may provide
employment opportunities in close proximity to other supporting and
compatible commercial or neighborhood uses. This district should be
used where smaller-scale employment and manufacturing is complementary
to other commercial uses.
13.
I-2 Light Industrial District. The I-2 Light Industrial District
provides manufacturing, service and business uses relatively free
from noise, dust, and odor within buildings and on well-landscaped
sites. This district should be used to provide employment and manufacturing
uses that will not have significant impact on adjacent uses.
14.
I-3 Heavy Industrial District. The I-3 Heavy Industrial District
provides industrial uses which are generally not compatible with residential
and/or commercial activity due to the scale, operation, intensity
or impacts of activities, or due to the high level of supporting access
and infrastructure required of the business. This district should
be used where larger-scale and more intensive uses need to be remote
from potentially incompatible uses.
15.
U-1 Underground District. The U-1 Underground District is a
planned district that accommodates the reasonable utilization of underground
space for post-mining, subsurface land uses whose traffic and other
surface impacts are compatible with the surrounding surface uses and
are safe for human occupation of the underground or surface above
or surrounding the underground use. This district should be used where
geology and topography permit uses to occur with no immediate or long-term
impact on adjacent uses or future surface uses.
16.
PLCD Parkland And Conservation District. The Parkland and Conservation
District provides public recreation activities, preserves important
open lands for aesthetic and ecological purposes, and provides parks,
open and civic spaces that improve the image of Parkville. This district
should be used to preserve unique features and shape the public realm
of Parkville.
B.
Relationship To Master Plan. The future land use element of the Master
Plan provides a general framework for implementing the plan; it is
not intended to predetermine specific land uses or zoning for individual
parcels. The following table is a general guide showing the relationship
of zoning districts to each other and to the land use categories of
the Master Plan. It is intended to ensure compatibility and effective
transitions among different zoning districts and allow creation of
places where projects and zoning districts add up to a larger and
greater whole as envisioned in the plan.
[Amended 7-6-2021 by Ord. No. 3075]
|
Table 405-1: Master Plan and Zoning Districts
| |
|---|---|
|
Future Land Use Category
|
Typically Applicable Zoning Districts
|
|
Open Space/Agriculture
|
PLCD, integrating specific parts of the open and civic space systems in Chapter 404 associated with development, or R-1 in a planned conservation pattern or very large lots, or agriculture/undeveloped lands
|
|
Parks & Recreation
|
PLCD or integrating specific parts of the open and civic space systems in Chapter 404 associated with development
|
|
Low Density Residential
|
R-1, R-2, or R-3
|
|
Medium-Density Residential
|
R-3 or R-4
|
|
High-Density Residential
|
R-4 or R-5
|
|
Neighborhood Commercial
|
B-1
|
|
Support Commercial
|
B-1 or B-2; R-5 if in a planned pattern and integrated with
surrounding uses
|
|
Regional Commercial
|
B-1, B-2, B-4-P, or BP; R-5 if in a planned pattern and integrated
with surrounding uses
|
|
Business Park
|
BP, B-4-P, or B-1; I-1 if in a planned pattern and integrated
with surrounding uses; or U-1 in a planned pattern designed to not
impact principal and future land uses
|
|
Mixed Use
|
Predominantly B-1 or R-4; B-2, B-4-P, and R-5 if mixed in a
planned pattern with a well-integrated mix of compatible uses and
designs
|
|
Downtown Mixed-Use
|
OTD
|
|
Park University Mixed-Use
|
P-EC; or U-1 in a planned pattern designed to not impact principal
and future land uses
|
|
City/Public/Semi-Public
|
P-EC, R-3, R-4, or R-5
|
|
* Nothing in this table or the plan would preclude the finding
that a different application of the zoning districts is also consistent
with the future land use element of the Master Plan, or other more
specific plans if the context of a specific application, and the goals,
policies and strategies of the plan support that finding.
* Sites governed by an approved preliminary development plan
shall be designated on the Official Zoning Map with the letters of
the base zoning district plus "P" (planned). Future land use categories
applicable to base zoning districts shall also be applicable to the
corresponding planned district.
| |
C.
Preexisting Zoning Districts. Zoning districts that were legally
initiated prior to the adoption or amendment of this code, but which
no longer exist under the current terms of this code, shall continue
to exist for the purpose of regulating and restricting the use and
development of land and buildings as they were established.
[Added 10-3-2017 by Ord.
No. 2915]
A.
Permitted Uses. In order to implement the intent of each zoning district and to regulate a variety of compatible uses within zoning districts, use categories and general uses have been established for principal uses of land and buildings. Table 405-2 indicates permitted uses (P) subject to general district and building type standards or any specific use standards, and conditional uses (C) subject to the discretionary review process in Section 403.050. Use categories, general uses and specific types of uses are more specifically described in Chapter 402. This table enables general use categories. More specific types of uses within these categories may be subject to additional standards in Section 405.040, Standards Specific to Uses, or be subject to conditional review processes indicated in Section 405.050, Conditional Uses.
[Amended 11-7-2017 by Ord. No. 2923; Amended 1-21-2020 by Ord. No. 3030; Amended 9-7-2021 by Ord. No. 3087; Ord. No. 3176, 3-7-2023; Ord. No. 3181, 4-4-2023]
Table 405-2: Use Table
|
Key:
P = Permitted use
C = Use allowed through conditional review
Blank = Use not allowed
| ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Use
|
R-1
|
R-2
|
R-3
|
R-4
|
R-5
|
OTD
|
B-1
|
B-2
|
B-4-P
|
BP
|
P-EC
|
I-1
|
I-2
|
I-3
|
PLCD
|
U-1
|
|
Residential Uses
| ||||||||||||||||
|
Detached house
|
P
|
P
|
P
|
P
|
P
|
P
| ||||||||||
|
Duplex
|
P
|
P
|
P
| |||||||||||||
|
3-/4-plex
|
C
|
P
|
P
|
P
| ||||||||||||
|
Row house (3 to 8 units; 2- to 3-story)
|
C
|
P
|
P
|
P
| ||||||||||||
|
Walk-up apartment (3 to 12 units; 2- to 3-story)
|
C
|
P
|
P
|
P
| ||||||||||||
|
Apartment complex (garden apartment - density based)
|
P
|
P
|
P
| |||||||||||||
|
Mixed-use (residential above or behind street level commercial)
|
P
|
P
|
P
| |||||||||||||
|
Accessory dwelling
|
C
|
C
|
C
|
C
|
C
|
C
| ||||||||||
|
Civic/Institutional Uses
| ||||||||||||||||
|
Assembly — limited (under 250)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Assembly — small (251 to 500)
|
C
|
C
|
C
|
C
|
C
|
P
|
P
| |||||||||
|
Assembly — large (501 to 1,000)
|
C
|
P
|
P
|
P
|
P
| |||||||||||
|
Assembly — event venue (1,000+)
|
C
|
P
|
P
|
P
| ||||||||||||
|
Education — neighborhood school (<10 acres)
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Education — campus (> 10 acres)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
P
| ||||||||
|
Education — extension
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Library, museum or art gallery
|
C
|
C
|
C
|
C
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
|
Open/civic space (various types; see design standards Section 404.020)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
|
Community and public service (post office, fire, police, rec
center)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
|
Retail
| ||||||||||||||||
|
Marijuana dispensary*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||||||
|
Retail — limited (under 2,500 square feet)
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Retail — small (2,500 to 8,000 square feet)
|
P
|
P
|
P
|
P
| ||||||||||||
|
Retail — general (8,000 to 50,000 square feet)
|
P
|
P
| ||||||||||||||
|
Retail — large (50,000 to 100,000 square feet)
|
P
|
P
| ||||||||||||||
|
Retail — warehouse (over 100,000 square feet)
|
P
|
P
| ||||||||||||||
|
Retail — outdoor sales, limited
|
P
|
P
|
P
| |||||||||||||
|
Retail — outdoor sales general
|
P
|
P
| ||||||||||||||
|
Restaurant — micro/mobile
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
| ||||||
|
Restaurant — limited
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Restaurant — general
|
P
|
P
| ||||||||||||||
|
Restaurant — drive-in/drive-through
|
C
|
P
|
P
| |||||||||||||
|
Restaurant — bar/tavern
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Restaurant — microbrewery/winery
|
C
|
C
|
C
|
C
|
C
|
C
| ||||||||||
|
Grocery — convenience/market (under 5,000 square feet)
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Grocery — small store (under 40,000 square feet)
|
P
|
P
|
P
| |||||||||||||
|
Grocery — large store (over 40,000 square feet)
|
P
|
P
| ||||||||||||||
|
Gas station — limited (4 pumps or fewer)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Gas station — general (5 to 16 pumps)
|
P
|
P
|
P
|
P
|
P
|
P
| ||||||||||
|
Gas station — large (more than 16 pumps)
|
C
|
C
|
P
|
P
|
P
| |||||||||||
|
Office/Service Uses
| ||||||||||||||||
|
Office — home occupation
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Office — limited
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||
|
Office — general
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Service — limited
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||
|
Service — general
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Animal care or clinic — limited
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Animal care or clinic — general
|
P
|
P
|
P
| |||||||||||||
|
Lodging — bed-and-breakfast
|
C
|
P
|
P
|
P
|
P
| |||||||||||
|
Lodging — short-term rental
|
C
|
C
|
C
|
C
|
C
|
P
|
P
|
P
|
P
| |||||||
|
Lodging — inn
|
P
|
P
|
P
|
P
|
P
| |||||||||||
|
Lodging — hotel/motel
|
P
|
P
|
P
| |||||||||||||
|
Recreation — indoor, limited
|
C1
|
P
|
P
|
P
|
P
|
P
| ||||||||||
|
Recreation — indoor, general
|
P
|
P
|
P
|
P
| ||||||||||||
|
Recreation — outdoor, limited
|
C
|
P
|
P
|
P
| ||||||||||||
|
Recreation — outdoor, general
|
P
|
P
| ||||||||||||||
|
Residential care — limited
|
P
|
P
|
P
| |||||||||||||
|
Residential care — general
|
C
|
C
|
P
| |||||||||||||
|
Residential care — institutional living
|
P
| |||||||||||||||
|
Vehicle service/repair — limited
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Vehicle service/repair — general
|
P
|
P
|
P
|
P
|
P
|
P
| ||||||||||
|
Vehicle service/repair — heavy
|
C
|
P
|
P
| |||||||||||||
|
Industrial
| ||||||||||||||||
|
Comprehensive marijuana cultivation facility
|
P
|
P
|
P
| |||||||||||||
|
Comprehensive marijuana-infused products manufacturing facility*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Manufacturing — artisan
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||
|
Manufacturing — light
|
C
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Manufacturing — general
|
P
|
P
|
P
| |||||||||||||
|
Manufacturing — heavy
|
P
| |||||||||||||||
|
Marijuana testing facility*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Marijuana transportation facility*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Medical marijuana cultivation facility
|
P
|
P
|
P
| |||||||||||||
|
Medical marijuana-infused products manufacturing facility*
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Storage and warehousing — indoor, limited
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||||||
|
Storage and warehousing — indoor, general
|
P
|
P
|
P
|
P
| ||||||||||||
|
Storage and warehousing — outdoor
|
P
|
P
|
P
| |||||||||||||
|
Storage and warehousing — outdoor, junkyard
|
P
| |||||||||||||||
|
NOTE:
| |
|
1
|
See Section 405.050 for additional requirements.
|
|
*
|
Uses permitted in the “TND” Traditional Neighborhood
District
|
A.
Height, Area And Bulk Standards. The height, area, and bulk requirements
for the various districts are established by Table 405-3.
|
Table 405-3: Height, Area and Bulk Standards
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning District
|
Lot Size
|
Building Standards
| |||||
|
Minimum Area
|
Minimum Width
(feet)
|
Minimum Depth
(feet)
|
Front Setback
(feet)
|
Side Setback
(feet)
|
Rear Setback
(feet)
|
Maximum Height
(feet/stories)
| |
|
R-1 Single-Family Residential
|
20,000 square feet
|
100
|
150
|
40
|
10
|
50
|
35/2.5
|
|
R-2 Single-Family Residential
|
10,000 square feet
|
75
|
100
|
25
|
10
|
30
|
35/2.5
|
|
R-3 Single-Family Residential
|
7,500 square feet
|
60
|
100
|
25
|
10
|
25
|
35/2.5
|
|
R-4 Mixed-Density Residential
|
See Section 406.020 for development standards specific to the Mixed-Density Residential District.
| ||||||
|
R-5 Multi-Family Residential[a]
|
1 acre
|
200
|
200
|
30
|
20
|
20
|
45/3
|
|
B-1 Neighborhood Business
|
2,500 square feet
|
25
|
80
|
25[b]
|
10[b]
|
20
|
35/2.5
|
|
B-2 General Business
|
7,500 square feet
|
60
|
100
|
25
|
20
|
20
|
45/3
|
|
OTD Old Town District
|
See Section 406.010 for development standards specific to the Old Town District.
| ||||||
|
B-P Business Park
|
See Section 406.030 for development standards specific to the Business Park District.
| ||||||
|
B-4-P Planned Business
|
All development standards for the B-4-P District shall be set through the master planned development process in Section 403.040.
| ||||||
|
P-EC Planned Educational Campus
|
All development standards for the P-EC District shall be set through the master planned development process in Section 403.040.
| ||||||
|
PLCD Parkland and Conservation District
|
All development standards for the PLCD are subject to the open and civic space design standards in Section 404.020. Any public structures built shall be subject to the standards for the most similarly applicable zoning district or building type.
| ||||||
|
I-1 Light Industrial
|
1 acre
|
150
|
200
|
40
|
15/50 total
|
10
|
30/2
|
|
I-2 Light Industrial
|
1/2 acre
|
100
|
150
|
25
|
15/50 total
|
10
|
45/3
|
|
I-3 Heavy Industrial
|
1 acre
|
150
|
200
|
40
|
30
|
30
|
125
|
|
U-1 Underground District
|
All development standards for the U-1 District shall be set through the master planned development process in Section 403.040.
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NOTES:
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[a]
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R-5 has a minimum lot area of five thousand four hundred forty-five
(5,445) square feet per dwelling unit [eight (8) units per acre] for
any lot with multiple principal dwelling units.
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[b]
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B-1 has a required front setback of zero (0) feet to ten (10) feet for any lot fronting on an activity street meeting the streetscape design standards in Section 403.010. Side setbacks may be reduced to zero (0) feet for any buildings constructed with a party wall.
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B.
Exceptions And Supplemental Standards.
1.
Height Exceptions. The height regulations as prescribed in this
Chapter shall not apply to:
a.
Accessory building elements integral to the design and construction
of the building, such as belfries, chimneys, ornamental towers and
spires, elevator bulkheads, cooling towers, smokestacks or other equipment,
provided that they meet all applicable screening requirements and
they are not otherwise extended to specifically avoid the intent of
applicable height limits.
b.
Site elements, flagpoles, monuments, water towers, fire towers,
provided that they are setback from the property line at least one
(1) foot for each one (1) foot of additional height above the height
limit for the district in which it is located.
c.
Public, semipublic or public service buildings, hospitals, institutions,
or schools, when permitted in a district, may have a maximum height
of sixty (60) feet, and churches and temples may have a maximum height
of seventy-five (75) feet, when the required side and rear yards are
each increased by at least one (1) foot for each one (1) foot of additional
building height above the height regulations for the district in which
the building is located.
d.
Any other structure that has a specific height limit that is
different from the generally applicable height limit.
2.
Lot Exceptions. The following are exceptions and supplemental
standards for the lot area and setback standards in this Chapter:
a.
Whenever a lot abuts upon a public alley, one-half (1/2) of
the alley width may be considered as a portion of the required setback.
b.
Every part of a required setback shall be open to the sky except
for: ordinary projections of rooflines, eaves, gutters, soffits, sills,
belt courses, awnings and canopies without independent supports, window
wells, egress windows, accessible ramps, stairs, window air conditioning
units, chimneys, cornices and ornamental features which may project
to a distance not to exceed twenty-four (24) inches into a required
yard; or statuary, arbors, trellises, flagpoles, landscaping, lighting
and similar ornamental features which shall be allowed within the
required setback areas.
c.
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, institutional, hotel or motel purposes, there may be more than one (1) main building on the lot when such buildings are arranged around a courtyard meeting the design standards of Section 404.020; provided, however, that:
(1)
The courtyard between buildings that are parallel
or within forty-five degrees (45°) of being parallel, shall have
a minimum width of thirty (30) feet for one-story buildings, forty
(40) feet for two-story buildings, and fifty (50) feet for three-story
buildings, and in no case may such buildings be closer to each other
than fifteen (15) feet.
(2)
Where a courtyard having direct street access is
more than fifty percent (50%) surrounded by a building, the minimum
width of the court shall be at least thirty (30) feet for one-story
buildings, forty (40) feet for two-story buildings, and fifty (50)
feet for three-story buildings.
d.
Within any residential district, the least dimension of a yard
upon which the principal entrances or exits of a multiple dwelling
face, shall be twenty (20) feet.
e.
Where a lot is used for a commercial or industrial purpose,
more than one (1) main building may be located on 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.
3.
Accessory Buildings. Accessory buildings shall be permitted
in association with and on the same lot as a principal building, and
are subject to the following additional limitations.
a.
Generally. All accessory buildings shall be at least ten (10)
feet from the principal building.
b.
Small Sheds. Accessory buildings one hundred twenty (120) square
feet and less and less than twelve (12) feet tall shall be limited
to one (1) per lot, located behind the rear building line of the principal
building, and be no closer than five (5) feet from the rear or side
property line.
c.
Detached Building.
(1)
Accessory buildings over one hundred twenty (120)
square feet shall meet the following:
(a)
No more than one (1) per lot.
(b)
Located behind the front building line.
(c)
Be at least five (5) feet from the rear or three (3) feet from
the side lot line, except that any accessory building providing garage
access off a rear alley may be located within three (3) feet of the
rear lot line. On any rear lot line abutting a street, detached buildings
over one hundred twenty (120) square feet shall meet the required
rear yard setback.
(d)
Be no more than one and one-half (1 1/2) stories, or no
higher than the principal building, whichever is less. However, any
portion of an accessory building facade that is more than fifteen
(15) feet high, such as a dormer, gable or similar facade component,
shall be at least ten (10) feet from any lot line.
(e)
Be limited to no more than thirty-five percent (35%) of the
rear yard, or five hundred seventy-six (576) square feet, whichever
is less.
(f)
Be constructed with materials, architectural details and style,
and roof forms that are compatible with the principal structure.
(2)
Detached buildings may be attached to the principal
building by a breezeway or roofed structure, provided that it remains
entirely open except for support columns.
d.
Large Lot Detached Buildings. Accessory buildings on properties five
(5) acres or greater in size shall meet the following requirements:
[Ord. No. 3163, 1-17-2023]
4.
Front Yards.
a.
Where an official line has been established for the future widening
or opening of a street or major thoroughfare upon which a lot abuts,
then the depth of a front or side yard shall be measured from such
official line to the nearest line of the building.
b.
On through lots, the required front yard shall be provided on
each street.
c.
Except in the B-2 General Business District, where a lot is
located at the intersection of two (2) or more streets, there shall
be a front yard of fifteen (15) feet on the side street; provided,
however, that the buildable width of a lot of record at the time of
passage of this Title shall not be reduced to less than thirty-two
(32) feet.
d.
Open, unenclosed front entry features which do not extend above
the level of the first floor of the building may project into the
front and side yard up to ten (10) feet, but no closer than five (5)
feet to any side lot line.
e.
Where twenty-five percent (25%) or more of the street frontage,
or twenty-five percent (25%) or more of the street frontage with four
hundred (400) feet of the property in question, is improved with buildings
that have a front yard [with a variation of six (6) feet or less]
that is greater or less than the required front yard in the district,
no building shall project beyond the average front yard so established;
provided, however, that a depth of front yard of more than fifty percent
(50%) in excess of the depth of the required front yard in the district
in which the lot is located, shall not be required. Where forty percent
(40%) or more of the street frontage is improved with buildings that
have no front yard, no front yard shall be required for the remainder
of the street frontage.
5.
Side and Rear Yards.
a.
Where dwelling units are erected above business structures in
business districts, no side yards are required except such side yard
as may be required in the district regulations for a business or industrial
building on the side of a lot adjoining a dwelling district.
b.
For the purpose of the side yard regulations, a duplex or a
multiple-unit building shall be considered as one (1) building occupying
one (1) lot.
c.
The minimum depth side yards for schools, libraries, churches,
community houses, and other public and semipublic buildings in residential
districts shall be twenty-five (25) feet, except where a side yard
is adjacent to a business or industrial district, in which case, the
depth of that yard shall be as required for the district in which
the building is located.
d.
Open or lattice-enclosed fire escapes, outside stairways and
balconies opening upon fire towers, and the ordinary projections of
chimneys and flues may project into the required rear yard for a distance
of not more than five (5) feet, but only where the same are so placed
as not to obstruct light and ventilation.
e.
In Zoning Districts R-1 and R-2, on a lot with an irregularly
shaped rear property line or when the residence is located on the
lot at an angle, rear yard dimensions shall be taken at each end of
the building parallel to the sides, and a perpendicular measurement
shall be taken from the rear of the building to the furthest point
of the lot. The average of these three (3) measurements shall equal
at least thirty (30) feet. However, in no case shall the building
or structure be located less than ten (10) feet perpendicular from
any property line. (A sketch illustrating how to measure for rear
lot averaging shall be on file in the City offices).
f.
Swimming pools and home barbecue grills may occupy a rear yard,
provided that both side and rear yards conform to the side yard requirements
for the district in which they are located.
6.
Building Area. The minimum floor area for dwellings shall be
one thousand two hundred (1,200) square feet in the R-1 District;
one thousand (1,000) square feet in the R-2 District; nine hundred
(900) square feet in the R-3 and R-4 Districts; and six hundred (600)
square feet per living unit in the R-5 District.
In addition to the general use and development standards applicable
to all districts, the following standards are specific to particular
uses. These standards shall be met whether the use is a generally
permitted use or a conditional use according to Table 405-2. The uses
in this Section may involve more specific types or formats of the
uses generally enabled in Table 405-2.
A.
Accessory Uses, Generally. All principal uses shall include accessory
uses and structures that are clearly incidental to and customarily
associated with the principal use. These uses and structures shall:
1.
Be compatible with the general character of the area and comparable
to uses of other property in the vicinity.
2.
Not be constructed, maintained or conducted in a way that produces
noise, vibration, noxious odor or material, any visible light, glare
or other visible impacts that are harmful, damaging or disturbing
to the adjacent property.
3.
Be conducted in a way that is consistent with the intent and
objectives of all other design and development standards applicable
to the property.
B.
Accessory Dwelling. Accessory dwellings shall be accessory to a primary
residential use on the lot and subject to the following additional
standards:
1.
One (1) accessory dwelling may be permitted per lot, only when
associated with a detached house.
2.
Accessory dwelling units may be located in a detached accessory
building or located within the principal building (such as an attic
or basement apartment).
3.
The accessory dwelling shall not exceed fifty percent (50%)
of the living area of the principal dwelling or one thousand two hundred
(1,200) square feet, whichever is less.
4.
One (1) additional parking space shall be provided on-site,
although this provision may be waived if the context and circumstances
of each dwelling unit prove the space unnecessary.
5.
The property owner shall occupy either the principal or accessory
dwelling as his or her permanent residence.
6.
Occupancy of the accessory or principal unit is limited to family
members related by blood, marriage or adoption or persons providing
nursing or domiciliary care or assistance to the owner in exchange
for lodging.
7.
The homeowner shall obtain an occupancy permit from the City
every three (3) years so that the accessory dwelling unit can be reviewed
for compliance. Issuance of the occupancy permit shall be contingent
on the homeowner filing a notarized affidavit by stating that the
accessory dwelling unit complies with all standards and any all conditions
of approval of any conditional use permit.
8.
The following additional design considerations apply to accessory
dwellings:
a.
The accessory dwelling shall be designed to maintain the architectural
design, style, appearance and character of the principal building
as a detached house.
b.
A separate entrance to the accessory dwelling is not permitted
on the front facade of the principal dwelling.
c.
The accessory dwelling shall have a roof pitch, siding, and
window proportions similar to that of the principal dwelling.
d.
No exterior stairway to the second floor is permitted at the
front of the building.
C.
Home Occupation.
[Ord. No. 3150, 12-6-2022]
1.
Permitted in Residential Districts, When. No impact home-based
businesses shall be permitted in all residential districts and in
accordance with and subject to the restrictions and limitations of
this Section. No other business may be operated in a residence at
any time. The term "home occupation" when used in this Section shall
be interpreted to mean home-based business.
2.
GOODS
HOME-BASED BUSINESS
NO IMPACT BUSINESS
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this Section, the following terms shall
have the meanings provided below:
Any merchandise, equipment, products, supplies, or materials.
A business operating in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling.
A home-based business that:
Is engaged in the sale of lawful goods and services; and
Does not cause a substantial increase in traffic through the
residential area; and
The activities of the business are not visible from any public
street; and
Does not use any equipment that produces noise, light, odor,
smoke, gas, or vibrations that can be seen, felt, heard, or smelled
by a person of ordinary senses outside of the property where the business
is located; and
Does not sell any goods or services for which a health inspection
would be required if the business were not located in a residence
unless the owner or tenant provides written consent for the Department
of Health to inspect the business during normal business hours or
at any other time the business is operating.
3.
Restrictions And Limitations.
a.
A no impact home-based business must be incidental and subordinate
to the principal residential use of the premises and shall not change
the residential character of the surrounding neighborhood. This provision
shall not be interpreted as allowing an accessory building, accepted
by the usual permitting process for accessory buildings.
b.
The owner or operator of the no impact home-based business must
be an owner or tenant of the residence and must reside at the residence.
c.
The owner or operator of the no impact home-based business may
employ others to work in the no impact home-based business.
d.
The no impact home-based business may be conducted in an existing
detached accessory building that existed at the time this Section
was adopted. A new accessory building shall not be constructed to
house a no impact home-based business.
e.
Outdoor storage of materials or equipment used in the no impact
home-based business shall not be permitted.
f.
Alterations to the exterior of the principal residential building
shall not be made which change the character of the residence.
h.
The owner or operator must provide adequate parking for the
no impact home-based business. Parking for the no impact home-based
business may include the driveway or garage of the residence or a
paved parking area located behind the front plane of the residence.
Adequate parking may also include parking on the street as long as:
(1)
Parking is limited to the side of the street the
no impact home-based business is located on, between the lot lines
of the residence, if parking at that location is otherwise lawful.
(2)
If the owner, operator, family members of the owner
or operator, employees, clients, or customers routinely park in other
locations on the street(s) adjoining the residence, the business shall
not be considered a no impact home-based business. For the purposes
of this Section, the term "routinely" shall mean more than twice in
a given seven-day period.
i.
The total number of persons in the home, including residents,
customers, clients, employees, and all others may not exceed the maximum
occupancy of the residence at any time.
4.
Licenses And Permits.
a.
No permit shall be required to impact a no impact home-based
business, however, a business operating in a residence that do not
qualify as a no impact home-based business must have a conditional
use permit from the Planning and Zoning Commission.
5.
Penalties. Any person who operates a business in violation of
this Section shall, upon conviction, be subject to a fine of not less
than one hundred dollars ($100.00) and up to ninety (90) days in jail
or both. Each day of violation shall be considered a separate offense.
D.
Temporary Storage.
1.
Portable storage containers and temporary dumpsters may be permitted
in conjunction with a building or construction permit. Where no building
or construction permit is required, portable storage containers and
temporary dumpsters may be permitted subject to the following limitations.
a.
Only for a period reasonably necessary to complete the associated
project or task, not to exceed thirty (30) days or other time associated
with a specific project or task and previously approved by the Community
Development Director or Public Works Director in writing.
b.
All portable storage containers and temporary dumpsters shall be
delivered and maintained in good condition free from rodents, insects,
graffiti, vulgar and/or offensive words or pictures.
c.
Portable storage containers and temporary dumpsters shall not be
placed on public property or within the City's right-of-way without
prior approval of a right-of-way permit. Where permitted, no portable
storage container or temporary dumpster shall be located in an intersection
sight triangle.
d.
Portable storage containers and temporary dumpsters shall be placed
on a paved surface.
e.
The placement of portable storage containers shall not encroach onto
adjoining properties and shall not block or hinder access to or from
any ingress, egress or emergency exit.
2.
Should existing site conditions not allow for the placement
in full compliance with these provisions, exceptions may be considered
and written approval granted on a case-by-case basis by the Community
Development Director or the Public Works Director in writing.
3.
Upon removal of a permitted portable storage container or temporary
dumpster, any portion of the site disturbed by the container or dumpster
shall be returned to an original or better condition, including at
minimum seeding or sodding any vegetative areas disturbed.
E.
Outdoor Storage, Non-Residential. Accessory outdoor storage may be
permitted in the non-residential districts subject to the following
standards:
1.
The storage area shall be located behind the front building
line of the principal building.
2.
The storage area shall be fully screened from residential property or public spaces according to the standards and design requirement of Section 407.030, and no materials shall be stacked higher than the screening.
3.
The storage area shall not be located closer than fifteen (15)
feet to any street or right-of-way.
4.
The storage area shall be paved per the requirements for parking
lots.
F.
Outdoor Display And Service Areas.
1.
Accessory outdoor display and service areas for merchandise
are subject to the following conditions:
a.
Outdoor display and areas shall be located on the same lot as the
principal use.
b.
The display area shall be located in an area abutting the principal
structure, and shall not be located in a required parking space, drive
lane, loading area, or the public right-of-way.
c.
Display and service areas shall not be arranged where they will interfere
with pedestrian or building access or clear vision areas. At least
five (5) feet clear or at least fifty percent (50%) of any sidewalk,
whichever is greater, shall be maintained on all sidewalk display
areas.
d.
Except for furnishings, all merchandise shall be brought indoors
during non-business hours.
e.
Outdoor display of merchandise shall be limited to three (3) events
per location per year, and each limited to no more than seven (7)
consecutive days.
f.
Televisions or other electronic audio or visual devices or means
of producing amplified sound shall not be permitted within an outdoor
display or service area that is within one hundred (100) feet of a
residential use or district.
G.
Restaurant — Micro/Mobile. Restaurants — micro/mobile
shall meet the following additional standards:
1.
Any vendor shall provide appropriate waste receptacles at the
site of the unit and remove all litter, debris, and other waste attributable
to the vendor on a daily basis.
2.
Shall comply with all other applicable Federal, State, County
and City regulations and obtain all applicable permits or licenses.
3.
The customer service area for mobile food vending units shall
be on the side of the street that faces a curb, lawn, or sidewalk
when parked. No food service shall be provided on the driving lane
side of the truck or vehicle.
4.
Mobile food vending units parked on public streets shall conform
to all applicable parking regulations and shall not hinder the lawful
parking or operation of other vehicles.
5.
Mobile food vending units shall not operate on public property
within one (1) block of a City-sanctioned or authorized street fair,
public festival, farmer's market or event being conducted without
authorization from the event sponsor.
6.
Mobile food vending units shall not be parked within three hundred
(300) feet of an existing brick and mortar restaurant during the hours
when such restaurant is open for business to the public, unless written
permission is first obtained from the restaurant owner.
7.
Besides signage that is physically part of the mobile food vending units, only one (1) portable pedestrian sign is allowed in accordance with Chapter 409.
8.
Mobile food vending units shall be subject to all noise, odor,
hours of operation or other requirements and limitations of other
businesses in the same or similar vicinity, and any other conditions
placed on it at the time of permitting to ensure such conditions are
maintained through all operations.
H.
Restaurant — Drive-In/Drive-Through.
1.
Where accessory drive-through facilities are permitted, all
of the following standards shall be met:
a.
The service area shall use the same entrance and exit from the site
as the principal use.
b.
No access shall be provided on any street designed to the activity street standards in Section 404.010. Use of alleys, internal access and the back sides of buildings for drive-through services is required to preserve the urban design context of these areas.
c.
Service areas and windows shall be located on the most remote wall possible, considering adjacencies to public streetscapes, residential property or other sensitive land use and urban design characteristics of the context. Additional screening or buffers may be required beyond the standards of Section 407.030 in order to ensure compatibility.
d.
No service area or pickup window shall be located within one hundred
(100) feet of any residentially zoned property.
e.
Circulation, stacking and other access issues shall be designed in
a manner that has the least impact on pedestrians entering the principal
building both from public streets and from internal streets or parking
areas. Design elements such as raised crosswalks or other elements
that distinguish walkways from vehicle surfaces may be required to
express pedestrian priority where conflicts occur.
I.
Restaurant — Microbreweries/Winery. Microbreweries, microdistilleries
and microwineries shall meet the following additional conditions:
1.
Retail sales, restaurant, tasting rooms, pubs, and outdoor service
areas shall be permitted as allowed by the design and performance
standards of the applicable district, or as specifically modified
in a conditional use permit.
2.
Supplies, processing, and by-products shall be managed in a
way that no impacts on adjacent uses and property are produced other
than what ordinarily may occur from other allowed uses in the district.
3.
Processes or equipment to remove or treat by-products or wastes,
regulate temperature or other operating procedures shall be in place
to eliminate impacts on sewer and water systems.
4.
When permitted in the OTD, B-1, B-2 and B-4 Districts, the following
shall apply unless specifically modified through the conditional use
permit:
a.
Retail sales on-site shall be a specific component of the business
plan, and retail sales shall begin within twelve (12) months of approval
of the permit.
b.
At least twenty-five percent (25%) of the product shall be sold
for on-site consumption or retail sale on site.
c.
Outdoor storage is prohibited.
d.
The total indoor floor area of the facility, including production
and retail areas, shall not exceed eight thousand (8,000) square feet.
e.
Accessory retail sales of related items, consumer products and
food is encouraged.
K.
Lodging
– Short-Term Rentals. Lodging – short-term rentals shall
meet the following additional standards:
[Ord. No. 3087, 9-7-2021; Ord.
No. 3142, 10-4-2022]
1.
Approved spaces for short-term rentals may include:
a.
Individual bedrooms in the principal building on the property, sharing
common entrance, kitchen facilities, and living areas with the present/non-present
residents.
b.
Completed areas of the principal dwelling, such as a basement or
upstairs space, with a separate entrance, facilities, and living areas
from the primary residents.
c.
Approved accessory buildings on the property.
2.
The rental unit may not be rented or offered for use as reception
space, party space, meeting space, or for other similar events open
to non-resident guests.
3.
No exterior evidence that the property is being used as a short-term
rental is allowed, including signage.
4.
Where applicable, the regulations of a Homeowners' Association (HOA)
shall be considered as a relevant factor in whether to deny the use
of a specific property for short-term rental because it is not compatible
with the surrounding area, including its potential impacts on adjacent
property.
5.
All short-term rentals shall adhere to the hosting responsibilities/safety
standards listed by the respective third-party vendor (Airbnb, VRBO,
etc.) — as well as all Federal, State and local laws, including
compliance with all City Codes — including, but not limited
to, the approved owner/non-owner applicant providing in each short-term
rental dwelling:
a.
A working fire extinguisher.
b.
A working battery-powered portable flashlight/lantern or other emergency
lighting device suitable for an electrical power outage.
c.
A map displaying evacuation routes from the building in case of an
emergency.
d.
Working smoke and carbon-monoxide detectors.
e.
Contact information for the host (owner/non-owner applicant) and
local emergency services.
6.
The following standards shall apply to short-term rentals in residential
zoning districts of the City:
a.
Total Number. The City shall limit the total number of short-term
rentals in residential districts to no more than four (4) per ward
district.
b.
Number Of Units. Short-term rentals shall be restricted to one (1)
dwelling unit per property.
c.
Primary Residence. Short-term rentals shall be owner-occupied as
their full-time primary residence.
d.
Dedicated Parking. Short-term rentals shall have at least one (1)
dedicated parking space for short-term tenants on-site on the subject
property; and this space shall not include on-street parking in public
right-of-way.
e.
Administrative Approval Authority. Staff shall have administrative approval authority of short-term rental applications, provided all requirements of Section 405.040, Subsection (K), are adhered to. Applicants shall fill out a short-term residential dwelling rental application form and submit it to the Community Development Department for review and approval. This permit shall be reviewed and renewed by staff on an annual basis, provided all requirements of Section 405.040, Subsection (K), are still adhered to; and provided there are no major issues, complaints or violations which would warrant the Community Development Director to revoke said permit. For instances where a variance or exception is requested, applicants will need to obtain a conditional use permit subject to the City's discretionary review process in Section 405.050.
7.
All short-term rentals in the City of Parkville are to be charged the five percent (5%) Tourism Tax – Guest Room Tax paid by transient guests of hotels, motels, bed-and-breakfast inns, and other short-term rental spaces of similar use, per Section 160.045 of the Parkville Municipal Code.
8.
Complaints or any other issues received by the host, either through
the third-party vendor platform, neighbors, etc., shall be recorded
and resolved by the host.
9.
Permits and business licenses may be denied, suspended or revoked
when the rental fails to meet or uphold any of the above standards,
or any other provisions of the Parkville Municipal Code.
A.
In addition to the general uses enabled by Table 405-2 as permitted or conditional uses, the following specific uses are conditional uses enabled through the discretionary review process in Section 403.050. For example, use categories that are designated as a "C" in Table 405-2, all specific types of uses in that category need a conditional use permit even though they are not on the list below; use categories designated as a "P" in Table 405-2 are generally permitted, but if a more specific type of that category is listed below it needs a conditional use permit. The uses in this Section may involve more specific types or formats, or include more specific performance criteria than the uses generally enabled in Table 405-2, and due to their typical scale, intensity and potential impacts require special and site specific review different from generally enabled uses.
B.
The following uses may be approved as conditional uses subject to the review process in Section 403.050:
1.
Airports, heliports and landing fields.
2.
Circus or carnival grounds, temporary for a specified time period.
3.
Dwellings in an industrial district, special flood hazard area, or
floodway.
4.
Extraction, processing, and removal of sand and gravel or stone.
5.
Fairgrounds.
6.
Hospitals.
7.
Marina.
8.
Public or government buildings or public or governmental use of land.
9.
Public utilities or public service uses, buildings, structures, or
appurtenances thereto.
10.
Sanitary landfill.
11.
Sports arena or stadium.
12.
Swimming pool, commercial, or private swimming club.
13.
Race track.
14.
Modular or prefabricated structures.
15.
Pawnbrokers in non-residential zoning districts.
16.
Office uses of low traffic generation, such as real estate, accounting,
law, dental, financial services, and those similar in nature in residential
districts that front and have access to a State highway or Bell Road.
[Amended 1-5-2021 by Ord. No. 3059]
17.
Home occupations that provide care or instruction to more than two (2) children at a time, or which do not otherwise clearly meet the criteria for accessory home occupations in Section 405.040(C).
18.
Animal shelters in residential districts.
19.
Emergency shelters for homeless or indigent persons and boarding,
rooming and lodging houses where not permitted by matter of right.
20.
Off-site storage, staging and assemblage of heavy equipment and materials
for public utility and infrastructure construction, fronting on or
with reasonable access to a State or County highway.
21.
Sales and service of vehicular motor scooters with stock muffler
and exhaust systems, as defined and regulated in Title III, Traffic
Code, of the Parkville Municipal Code, in non-residential districts
and subject to limited hours of operation, limited outdoor display
or storage, and mitigation of general impacts on the surrounding properties
and district on a case-by-case basis.
22.
Sales of automobiles, new or used, and subject to limited hours of
operation, limited outdoor display or storage, and mitigation of general
impacts on the surrounding properties and district on a case-by-case
basis.
23.
Refined fuel storage, distribution and accessory uses on sites: previously
used for the same; zoned I-3 Heavy Industrial District; containing
at least ten (10) and not more than forty (40) contiguous acres; abutting
the Missouri River; abutting a State highway; abutting rail; and utilizing
pipeline distribution as a primary source of intake delivery, all
subject to conditions as necessary to mitigate impacts, if any, to
surrounding uses. Said use may not include on-site refinement of petroleum
products.
24.
Garden centers, landscape centers, nurseries and related uses in
residential districts.
[Added 8-1-2017 by Ord.
No. 2906]
25.
Recreation — indoor, limited (less than 10,000 square feet)
uses in the OTD Old Town District, excluding the ground floor on Main
Street between the railroad tracks to the south and 2nd Street to
the north.
[Added 11-7-2017 by Ord.
No. 2923]
