[Ord. No. 6.001 § I Art.
II, 9-10-1979]
This Chapter shall be known and may be cited and referred to
as the Greenwood Zoning Ordinance, to the same effect as if the full
title were stated. The map herein referred to and made a part of this
Chapter shall be identified by the title Greenwood Zoning Map, and
all explanatory matter thereon is hereby adopted and made a part of
this Chapter.
[Ord. No. 6.001 § I Art.
III, 9-10-1979]
This Chapter is enacted to preserve the character and the use
of all land within the limits of the City of Greenwood, Missouri,
by designating each tract in accordance with a district plan, which
designation shall conform to the present use being made of each tract
but with provisions for the orderly development of the City of Greenwood
by the terms of this Chapter and such amendments as may be enacted
by the Board of Aldermen. This Chapter is made with due consideration
of the character of the districts, their suitability for particular
uses and for encouraging the most appropriate use of land throughout
the City, and is designed to lessen congestion in the streets, to
secure safety from fire, panic and other dangers; to promote health
and the general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population;
to preserve features of historical significance; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements and to provide that due consideration
be given to conserving the value of buildings. This Chapter shall
supersede any previous ordinance inconsistent herewith.
[Ord. No. 6.001 § I Art.
IV, 9-10-1979]
The provisions of this Chapter shall apply within the City limits
of the City of Greenwood as they now exist or as they may be adjusted
in the future.
[Ord. No. 6.001 § XXVI
Art. IV, 9-10-1979]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the health, safety, morals or general welfare. Whenever this Chapter
requires the lower height of buildings, or a lesser number of stories,
or requires greater percentage of lot to be occupied, or requires
a lower density of population, or requires a more restricted use of
land, or a greater width or size of yards, courts or other open spaces
or imposes other higher standards than are required in any other Statute,
local order, or regulation, private deed restrictions, or private
covenants, the regulations made under authority of this Chapter shall
govern.
[Ord. No. 6.001 § XXIX
Art. IV, 9-10-1979; Ord.
No. 2009-02-23-01 § 1, 2-23-2009]
Whenever any land shall be annexed to the municipality after
the adoption of this Chapter (September 10, 1979), said land so annexed
shall automatically be subject to the provisions of this Chapter and
shall be classified as District "A" until the Planning Commission
and the Board of Aldermen has had reasonable opportunity to classify
it properly after its annexation.
[Ord. No. 6.001 § II Art.
IV, 9-10-1979; Ord. No.
2009-02-23-01 § 1, 2-23-2009; Ord. No. 2017-2935 § 1, 10-24-2017]
For the purpose of regulating and restricting the use of land
and the erection, construction, reconstruction, alteration, repair
or use of buildings and the location of buildings designed for specific
uses and regulating and limiting the height of buildings hereafter
erected or altered and regulating and determining the area of yards,
courts and other open spaces in connection with buildings hereafter
erected or altered, the incorporated territory of the City of Greenwood,
Missouri, is hereby divided into the following districts, as follows:
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District "A"
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Agricultural District
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District "R-1"
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First Dwelling House District
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District "R-1A"
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First Dwelling Suburban District
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District "R-1B"
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First Dwelling Estate District
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District "R-1R"
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First Dwelling Rural Residential District
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District "R-2"
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Second Dwelling House District
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District "R-3"
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Apartment House District
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District "R-3A"
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Garden Apartment District
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District "C-O"
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Non-Retail Business District
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District "C-B"
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Controlled Business District
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District "C-1"
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General Business District
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District "C-2"
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Central Business District
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District "C-P"
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Planned Business District
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District "M-1"
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Light Industrial District
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District "M-2"
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Heavy Industrial District
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District "PUD"
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Planned Unit Development
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District "150 PUD"
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M-150 Corridor Planned District
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[Ord. No. 6.001 § III
Art. IV, 9-10-1979; Ord.
No. 98-05-18-02 § 1, 6-29-1998; Ord. No. 2009-02-23-01 § 1, 2-23-2009]
A.
Boundaries of the districts as enumerated in Section 400.040 of this Chapter are hereby established as shown on the maps, which are hereby designated as the "Zoning District Maps", and said maps and all notations, references and information shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein. It shall be the duty of the Director of Planning and Zoning to keep on file in its office an authentic copy of said maps and all changes, amendments or additions thereto.
[Ord. No. 2017-2935 § 1, 10-24-2017]
B.
When definite distances in feet are not shown on the Zoning District
Maps, the district boundaries are intended to be along existing street,
alley or platted lot lines or extensions of the same; and if the exact
location of such lines is not clear, it shall be determined by the
Director of Planning and Zoning, due consideration being given to
location as indicated by the scale of the Zoning District Maps.
[Ord. No. 2017-2935 § 1, 10-24-2017]
C.
When streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning District Maps, the Director of Planning and
Zoning may apply the district designations on the maps to the streets
or alleys on the ground in such manner as to conform to the intent
and purpose of this Chapter.
[Ord. No. 2017-2935 § 1, 10-24-2017]
D.
Whenever any street or alley is vacated, the particular district
in which the adjacent property lies shall automatically be extended
to the centerline of any such street or alley.
E.
For existing streets and new streets constructed for zoning determination
purposes, the particular district in which the adjacent property lies
shall automatically be extended to the centerline of any such street.
[Ord. No. 2017-2935 § 1, 10-24-2017]
[Ord. No. 6.001 § IV Art.
IV, 9-10-1979; Ord. No.
96-02-054 § 1, 6-3-1996; Ord. No. 2005-10-24-03 § 4, 10-24-2005; Ord. No. 2008-10-14-03 § 1, 10-14-2008; Ord. No. 2009-02-23-01 § 1, 2-23-2009]
For the purposes of this Chapter, words used in the present
tense include the future; words in the singular number include the
plural; and words in the plural number include the singular; the word
"building" includes the word "structure"; the word "shall" or the
word "must" is mandatory and not directory; the term "used for" includes
the meaning "designed for" or "intended for". The following words
and terms, as used herein, are defined to mean the following:
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building; or a use
customarily incident to the main use of the property. A building housing
an "accessory use" is considered an integral part of the main building
when it has any part of a wall in common with the main building or
is under an extension of the main roof and designed as an integral
part of the main building.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
Any addition, removal, extension or change in the location
of any exterior surface of a main building or accessory building.
A room or a suite of rooms within an apartment house or a
two-family dwelling arranged, intended or designed for a place of
residence of a single family or group of individuals living together
as a single housekeeping unit.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
A building arranged, intended or designed for more than two
(2) families.
A story below the first story as defined under "story", counted
as a story for height regulations if subdivided and used for dwelling
purposes other than by a janitor or watchman employed on the premises.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys. In cases where the platting is incomplete
or disconnected, the Zoning Authority shall determine the outline
of the block.
Board of Zoning Adjustment.
A building, other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for five (5) or more persons
for compensation, pursuant to previous arrangements, but not for public
or transients.
A structure for the purpose of housing or enclosing of persons,
animals or chattels.
The line behind the street line or lot side lines. No building
or other structure or portion thereof may be erected, except as provided
in this Code. The building line is considered a vertical surface intersecting
the ground on such line.
An area that preserves or creates a "natural" setting, including
forested areas, pasture or grasslands, wetlands and riparian areas
consistent with areas found in Jackson and Cass Counties in west central
Missouri.
An unoccupied open space other than a yard on the same lot
with a building which is bounded on two (2) or more sides by walls
of such building.
The mean level of the curb in front of the lot or, in the
case of a corner lot, along the abutting street where the mean curb
level is the highest.
A place where ten (10) or more children are left for care,
a part of the twenty-four (24) hours of the day.
A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple dwellings,
boarding and lodging houses, apartment houses and apartment hotels,
but not hotels, house trailers, mobile homes, manufactured homes or
modular homes.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families living independently of
each other, including apartment houses, row houses, tenements and
apartment hotels.
Building having accommodations for and occupied exclusively
by one (1) family. A one-family dwelling shall include any home in
which eight (8) or fewer unrelated mentally or physically handicapped
persons reside and may include two (2) additional persons acting as
house parents or guardians who need not be related to each other or
to any of the mentally or physically handicapped persons residing
in the home.
A building arranged, intended or designed for occupancy by
two (2) families living independently of each other.
[Ord. No. 2017-2935 § 1, 10-24-2017]
An individual or not more than two (2) adults living together
with persons related to them by blood, marriage or adoption or a group
of not more than three (3) persons who need not be related to each
other by blood or marriage, living together and subsisting in common
as a single non-profit housekeeping unit utilizing only one (1) kitchen.
For the purpose of any zoning law, ordinance or code, the classification
one-family residence shall include any home in which eight (8) or
fewer unrelated mentally or physically handicapped persons reside
and may include two (2) additional persons acting as house parents
or guardians who need not to be related to each other or to any of
the mentally or physically handicapped persons residing in the home.
A building or portion thereof, other than a public, private
or storage garage, providing storage for motor vehicles with facilities
for washing, but no other services, such garage to be in lieu of private
garages within a block or portion of a block.
An accessory building for storage only of passenger motor
vehicles or light pickup trucks.
A building or portion thereof, except those defined as a
private, a public or a community garage, providing storage for motor
vehicles with facilities for washing but no other services.
A building project consisting of three (3) or more buildings
of uniform appearance, with at least two (2) units per building, to
be constructed on a plot of ground which is not subdivided into customary
streets or lots and which is under single ownership or unified control.
A building project consisting of three (3) or more buildings
to be constructed on a plot of ground which is not subdivided into
customary streets or lots.
The vertical distance measured from the highest of the following
three (3) levels:
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1.
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From the street curb level.
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2.
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From the established or mean street grade in case the curb has
not been constructed.
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3.
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From the average finished ground level adjoining the building
where it sits back from the street line.
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To:
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1.
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The level of the highest point of the roof beams of flat roofs
or roofs inclining not more than one (1) inch to the foot.
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2.
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To the mean height level of the top of the highest ridge for
other roofs.
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A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with
or without meals, and in which there are more than twelve (12) sleeping
rooms and no provision for cooking in individual rooms.
Any structure used for living or sleeping purposes, having
no foundation other than wheels, blocks, skids, jacks, horses or skirtings
and which have been or reasonably may be equipped with wheels or other
devices for transporting the structure from place to place.
A portion of land within a subdivision dedicated to the City
by the developer for public use or owned and maintained by the subdivision
homeowners' association for its use.
[Ord. No. 2017-2935 § 1, 10-24-2017]
A parcel of land occupied or to be occupied by one (1) building
or unit group of buildings and the accessory buildings or uses customarily
incident thereto, including such open spaces as are required under
this Chapter and having its principal frontage upon a public street
or a place.
The amount of area of impervious cover on a lot or parcel
of land including, but not limited to, any building, carport, tent,
awning, roof, hard-surfaced driveway or parking lot, patio, swimming
pool, compacted earth or any other surface which substantially limits
the amount of stormwater that may infiltrate the soil.
The mean horizontal distance from the front street line to
the rear line.
The boundary between a lot and the street line on which it
fronts.
[Ord. No. 2017-2935 § 1, 10-24-2017]
The boundary line which is opposite and distant from the
front lot line; except that in the case of uncertainty the Zoning
Authority shall determine the rear line.
[Ord. No. 2017-2935 § 1, 10-24-2017]
Any lot boundary line not a front or rear line thereof. A
side line may be a part lot line, a line bordering on an alley or
place or a side street line.
The lines bounding a lot as defined herein.
The mean horizontal distance from side lines measured at
right angles to the depth of the lot.
A lot abutting upon two (2) or more streets at their intersection.
A "corner lot" shall be deemed to front on that street on which it
has its least dimension, unless otherwise specified by the Zoning
Authority.
A lot whose boundary lines, along their entire length, touched
lands under other ownership as shown by plat or deed recorded in the
office of the Recorder of Deeds of Jackson County on or before September
10, 1979 and conforming with previous zoning ordinances of Greenwood.
A lot whose side lines do not abut upon any street.
An interior lot having frontage on two (2) streets.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear and designed to be used as a dwelling
unit or units with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system is constructed
with the intent that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. Marijuana
or marihuana do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3 %) on a dry-weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 2019-2966, 7-23-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 2019-2966, 7-23-2019]
The comprehensive plans adopted by the Planning Commission
indicating the general locations recommended for the major arterial
traffic routes, streets, parks, public buildings, zoning districts
and other public improvements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
A facility licensed by the Department of Health and Senior
Services, to acquire, cultivate, process, store, transport, and sell
marijuana to a medical marijuana dispensary facility, medical marijuana
testing facility, or to a medical marijuana-infused products manufacturing
facility.
[Ord. No. 2019-2966, 7-23-2019]
A facility licensed by the Department of Health and Senior
Services, to acquire, store, sell, transport, and deliver marijuana,
marijuana-infused products, and drug paraphernalia used to administer
marijuana as provided for in this Section to a qualifying patient,
a primary caregiver, another medical marijuana dispensary facility,
a medical marijuana testing facility, or a medical marijuana-infused
products manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
A facility certified by the Department of Health and Senior
Services to acquire, test, certify, and transport marijuana.
[Ord. No. 2019-2966, 7-23-2019]
A facility licensed as such by the Missouri Department of
Health and Senior Services in connection with the transportation and
storage of medical marijuana.
[Ord. No. 2019-2966, 7-23-2019]
A facility licensed by the Department of Health and Senior
Services, to acquire, store, manufacture, transport, and sell marijuana-infused
products to a medical marijuana dispensary facility, a medical marijuana
testing facility, or to another medical marijuana-infused products
manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
A motorist's hotel having the following characteristics:
Complete furnishings and bath facilities in each unit;
Available services as normally provided by hotels;
[1]No portion of the building over two (2) stories in height;
At least one (1) parking space provided in adjacent private
roadways or courts for each guest room with direct or convenient access
from parking space to guest room. The provision for restaurant facilities
appurtenant to motels is optional.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
[Ord. No. 2017-2935 § 1, 10-24-2017]
The location at which or premises in which a pawnbroker regularly
conducts business.
[Ord. No. 2017-2935 § 1, 10-24-2017]
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
Any business which loans money on a short-term basis to members
of the general public as an element of its operation, including businesses
offering title loans, payday loans, signature loans and small loans
under Chapter 367 or Section 408.500, RSMo., and other similar businesses,
but not to include a bank, savings and loan association or credit
union which is licensed by appropriate State and Federal agencies
or a retail credit financing institution which is licensed under Chapters
364, or 365 RSMo., or retail merchants covered by Chapter 400.2, RSMo.
An accessory building for the keeping of ponies, horses or
mules owned by occupants of the premises and not kept for remuneration,
hire or sale.
A stable other than a private or riding stable as defined
herein.
A structure in which horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for hire;
including riding track.
That part of a building included between the surface of one
(1) floor and the surface of the floor next above or if there be no
floor above, that part of the building which is above the surface
of the next highest floor thereof. A top story attic is a one-half
(1/2) story when the main line of the eaves is not above the middle
of the interior height of such story. The first story is the highest
story having its interior floor surface not more than four (4) feet
above the curb level, established or mean street grade or average
ground level as mentioned in "Height of Buildings" in this Section.
A thoroughfare which affords principal means of access to
property abutting thereon. A "street" includes the public right-of-way
as distinct from the roadway, which includes only the traffic surface.
The dividing line between the street and the abutting property.
Any alteration or addition to the supporting member of a
building, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground
including, but not limited to, advertising signs, billboards and poster
panels, but exclusive of customary fences or boundary or retaining
walls.
A tract or parcel of land upon which two (2) or more tourist
cabins are located or where temporary accommodations are provided
for two (2) or more automobile trailers, tents or house cars, open
to the public either free or for a fee.
A modification or variation of the provisions of this Chapter
as applied to a specific piece of property, as distinct from rezoning.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the main building shall be used.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard thereof. (RSMo. § 700.010(5,7))
[1]
Editor’s Note: Former Subsection (3), which listed no cooling facilities in transients’ units as a characteristic of a motel, was repealed 10-24-2017 by Ord. No. 2017-2935 § 1. This ordinance also provided for the renumbering of former Subsections (4) and (5) as Subsections (3) and (4), respectively.
[Ord. No. 6.001 § V Art.
IV, 9-10-1979]
Except as hereinafter provided:
A.
No building or structure shall be erected, constructed, reconstructed,
moved or altered, nor shall any building, structure or land be used
for any purpose other than is permitted in the district in which such
building, structure or land is situated.
B.
No building or structure shall be erected, constructed, reconstructed,
moved or altered to exceed the height or area limit herein established
for the district in which such building or structure is situated.
C.
No lot area shall be reduced or diminished so that the yards or other
open spaces shall be smaller than prescribed by this Chapter, nor
shall the density of population be increased in any manner, except
in conformity with the area regulations established herein.
