[Ord. No. 6.001 § VI Art.
IV, 9-10-1979; Ord. No.
2009-02-23-01 § 3, 2-23-2009]
A. Use Regulations. In District "A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Agriculture, horticulture, nurseries, greenhouses orchards and
general farming, including raising of livestock, goats, hogs, etc.
and raising, fattening, killing or processing of chickens, turkeys
and other poultry, providing there shall be no feeding or disposal
of garbage, rubbish or offal; unless a special use permit for such
operation is issued by the Board of Aldermen upon recommendation of
the Planning Commission and under such restrictions as the Board of
Aldermen may impose.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
Riding stables, riding tracts or polo fields, provided the stables
shall be located not less than one hundred (100) feet from the front
lot line nor less than seventy-five (75) feet from any side or rear
lot line.
3.
Dairies, together with creameries, cheese factories, milk bottling
or condenseries and similar enterprises which are incidental to the
dairy operations.
4.
Fur farming for the raising of fur-bearing animals, providing
buildings and pens shall be located not less than two hundred (200)
feet from any property line.
5.
Kennels, provided the buildings and pens shall be located not
less than two hundred (200) feet from any property line; fish hatcheries,
apiaries and aviaries.
6.
Accessory uses, including repair shops, garages, barns, silos, bunk houses, incidental dwellings, buildings and structures commonly required for any of the above uses; roadside stands of not over two hundred (200) square feet in area offering for sale only products which are produced on the premises. Display of one (1) unilluminated sign pertaining to the sale, lease or identification of the premises upon which it is located or to the sale of products raised thereon is permitted (see Chapter
430: SIGNS).
B. Height And Area Regulations. In District "A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. There shall be a front yard, the minimum depth
of which shall be at least thirty (30) feet.
3.
Side Yards. There shall be a side yard on each side of a building
not less than fifteen (15) feet.
4.
Rear Yards. There shall be a rear yard, a minimum depth of which
shall be at least thirty (30) feet.
5.
Lot Area Per Family. Every dwelling shall provide a lot area
of not less than five (5) acres per family, provided that where a
lot has less area than herein provided in separate ownership at the
time of the passage of this Chapter, (September 10, 1979), this regulation
shall not prohibit the erection of a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
[Ord. No. 6.001 § VII
Art. IV, 9-10-1979; Ord.
No. 94-07-04 § 400.090, 7-11-1994; Ord. No. 2004-02-09-02 § 1, 2-9-2004; Ord. No. 2004-04-26-01 § 1, 4-26-2004; Ord. No. 2006-02-13-01 §§ 1, 7, 2-13-2006; Ord. No. 2009-07-27-01 § 1, 7-27-2009]
A. Use Regulations. In District "R-1", no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
3.
Public parks and playgrounds, public recreation or community
buildings, public museums, public administrative buildings, public
libraries, police stations and fire stations.
4.
Public schools, elementary and high schools and private schools
with curricular equivalent to that of a public elementary or high
school, and institutions of higher learning, including stadiums and
dormitories in conjunction, if located on the campus.
5.
Golf courses, not including golf course clubhouses, miniature golf courses or driving ranges (golf course clubhouses are subject to the conditions in Section
400.210).
6.
Railroad right-of-ways, not including railroad yards.
7.
The uses of buildings or premises for such public utility services
as are authorized by the Public Service Commission or by permit of
the Board of Aldermen and excluded from the jurisdiction of the Planning
Commission under the Enabling Act, Laws of Missouri, provided the
building or premises is enclosed, landscaped and in keeping with the
appearance of the neighborhood.
8.
Accessory uses customarily incident to the above uses and located
on the same lot therewith, not involving the conduct of a retail business.
a.
The term "accessory use" shall include customary home occupations,
such as the office of a physician, dentist, surgeon, lawyer, dressmaker,
beauty operator, real estate salesman, musician, artist or day care
center caring for less than ten (10) unrelated children, under the
following restrictions:
(1) Such uses are located in the dwelling used by that
person as his/her private residence; that the residential appearance
of the dwelling shall not be changed by alterations or additions for
business or commercial uses; and that adequate off-street parking
be provided either in side yards or rear yards behind the front building
line if such accessory use attracts more vehicles than can be parallel
parked conveniently on the street directly in front of the dwelling.
(2) Not more than one (1) assistant, other than a member
of the immediate family, is employed; and no window display or sign,
either illuminated or more than two (2) square feet in area, is used
to advertise the same.
(3) No power or equipment be used that would cause
objections or be offensive by reason of vibrations, noise or the emission
of odor, dust, smoke or gas when measured at the property lines.
(4) An accessory use under this Section does not include
ongoing, frequent or constant garage sales, yard sales or rummage
sales from a single residential location. A permit must be obtained
from the Director of Planning and Zoning on any residence holding
more than two (2) garage, yard or rummage sales per calendar year.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Storage Of Equipment, Material Or Vehicle. No equipment, material
or vehicle, other than motor passenger vehicles used more or less
daily for personal transportation of residents, shall be stored for
more than ninety-six (96) hours in a thirty-day period in a residential
district. The parking of automotive vehicles shall not occur on lawn
areas as this tends to visually downgrade the property and neighborhood.
Parking shall be located in close relationship to the garage or otherwise
vehicle-oriented section of the premises so that the lawn area upon
which the living section of the dwelling faces can be attractively
maintained with grass, trees and shrubs. Parking shall be limited
to areas that are:
(1) Paved, new pavement shall aesthetically match existing
driveway;
(2) On gravel surfaces existing at the date this Chapter
was approved;
(3) On dust-free, improved surfaces such as pave stone.
Recreational vehicles, boats, fully enclosed trailers, or open
trailers not used for storage of materials, goods, vehicles or equipment
may be stored, on the basis of three (3) per family, in the driveway,
in private garages, or in the side or rear yards of dwellings, subject
to the parking and paving restrictions above, provided no such vehicles
shall be used for residential purposes.
c.
There shall be permitted one (1) detached private garage or
accessory building, provided that such building shall be located not
less than sixty (60) feet from the front lot line, or in shallower
lots, back two-thirds (2/3) the depth of the lot; in no case shall
a garage be constructed in front of the building line of buildings
on that street. The permitted size of the garage is determined by
multiplying the available rear lot area (defined as lot depth measured
from rear of the house to rear property line times lot width) times
fifteen percent (15%).
[Ord. No. 2017-2935 § 1, 10-24-2017]
A garage or accessory building may be built no closer than three
(3) feet of the side or rear lot line. A garage constructed as an
integral part of the main building shall be subject to the regulations
affecting the main building.
|
With the exception of Districts "M-1" and "M-2", inoperative
vehicles may not be stored or repaired (other than in closed garages)
on the premises. However, this provision shall not apply to any inoperable
vehicle incorporated into an artwork that exists by special use permit.
|
d.
Temporary real estate sales offices located on property being
sold and limited to period of sale, but not exceeding two (2) years
without authorization from the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
e.
When swimming pools, meeting rooms, shelter houses, refreshment
stands or restaurants are constructed in public parks or playgrounds,
the Director of Planning and Zoning shall require adequate off-street
parking, sufficient screening to serve as a solid screen, that lighting
shall be so arranged as to reflect away from adjoining residential
properties and that proper buffer distances be provided to protect
adjoining residential property.
[Ord. No. 2017-2935 § 1, 10-24-2017]
f.
Pools having a depth of two (2) feet or more, provided that
following conditions are met:
(1) Located behind the front building line and not
less than ten (10) feet from the residence and any rear or side lot
line. In the case of corner lots, not less than fifteen (15) feet
from a side street right-of-way line and at least twenty (20) feet
from a principal building on an adjoining lot.
(2) If located in the side yard, it shall not be less
than sixty (60) feet from the front line and not less than fifteen
(15) feet from the side lot line.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(3) The area in which the pool is located shall be
entirely enclosed and separated from adjoining property by a protective
fence at least four (4) feet in height or other permanent structure
at least six (6) feet in height.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(4) Such protective enclosure shall be provided with
gates equipped with locks, which shall be locked when the pool is
not attended.
(5) Adequate pool drainage facilities shall be provided
for which the plans and specifications shall be approved by the City
Engineer.
B. Height And Area Regulations. In District "R-1", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. There shall be a front yard the minimum depth of
which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard
on each side of a building not less than ten percent (10%) of the
width of the lot. Such side yard shall not be less than five (5) feet
and need not be more than ten (10) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side
street, there shall be a side yard on the street side of not less
than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted
or sold, fronting on the side street may project not more than five
(5) feet in front of the line established for buildings by the front
yard requirements for the interior lots on the side streets, provided
this regulation shall not be so interpreted as to reduce the buildable
width of a corner lot in separate ownership at the time of the passage
of this Chapter, (September 10, 1979) to less than twenty-eight (28)
feet; and conforming with previous zoning ordinances of Greenwood;
and provided that the side yard regulations above shall be observed.
4.
Rear Yards. There shall be a rear yard, the minimum depth of
which shall be at least thirty (30) feet. When the residence is located
on the lot at an angle, measurements shall be taken at each end of
building parallel to the sides and a perpendicular measurement taken
from the rear of building to the furthest point of the lot. The average
of these three (3) measurements shall equal at least thirty (30) feet.
5.
Width Of Lot. The mean width of a lot shall be not less than
seventy (70) feet and shall have a width of not less than seventy
(70) feet at the building line, provided that where a lot has less
width than herein required in separate ownership and conforming with
previous zoning ordinances of Greenwood at the time of the passage
of this Chapter, (September 10, 1979), this regulation will not prohibit
the erection of a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered
shall provide a lot area of not less than seven thousand eight hundred
(7,800) square feet, provided that where a lot has less area than
herein required in separate ownership and conforming with previous
zoning ordinances of Greenwood at the time of the passage of this
Chapter (September 10, 1979), this regulation shall not prohibit the
erection of a one-family dwelling. However, where a public or community
sewer is not available and in use for the disposal of all sanitary
sewage from the premises, the minimum lot area shall be subject to
public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Every dwelling unit shall have a first floor area,
exclusive of basements, open or screened porches and garages, of not
less than one thousand fifty (1,050) square feet.
8.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
9.
Landscaping, Street Lighting And Signs. (See Sections
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 99-08-02-02 § 1, 8-2-1999; Ord. No. 2006-02-13-01 §§ 2, 8, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "R-1A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
3.
Public parks and playgrounds, public recreation or community
buildings, public museums, public administrative buildings, public
libraries, Police stations and fire stations.
4.
Public schools, elementary and high schools and private schools
with curricular equivalent to that of a public elementary or high
school and institutions of higher learning, including stadiums and
dormitories in conjunction, if located on the campus.
5.
Golf courses, not including golf course clubhouses, miniature golf courses or driving ranges (golf course clubhouses are subject to the conditions in Section
400.210).
6.
Railroad right-of-ways, not including railroad yards.
7.
The uses of buildings or premises for such public utility services
as are authorized by the Public Service Commission or by permit of
the Board of Aldermen and excluded from the jurisdiction of the Planning
Commission under the Enabling Act, Laws of Missouri, provided the
building or premises is enclosed, landscaped and in keeping with the
appearance of the neighborhood.
8.
Accessory uses customarily incident to the above uses and located
on the same lot therewith, not involving the conduct of a retail business.
a.
The term "accessory use" shall include customary home occupations,
such as the office of a physician, dentist, surgeon, lawyer, dressmaker,
beauty operator, real estate salesman, musician or artist, under the
following restrictions:
(1) Such uses are located in the dwelling used by that
person as his/her private residence; that the residential appearance
of the dwelling shall not be changed by alterations or additions for
business or commercial uses; and that adequate off-street parking
be provided either in side yards or rear yards behind the front building
line if such accessory use attracts more vehicles than can be parallel
parked conveniently on the street directly in front of the dwelling.
(2) Not more than one (1) assistant, other than a member
of the immediate family, is employed; and no window display or sign,
either illuminated or more than two (2) square feet in area, is used
to advertise the same.
(3) No power or equipment be used that would cause
objections or be offensive by reason of vibrations, noise or the emission
of odor, dust, smoke or gas when measured at the property lines.
(4) An accessory use under this Section does not include
ongoing, frequent or constant garage sales, yard sales or rummage
sales from a single residential location. A permit must be obtained
from the Director of Planning and Zoning on any residence holding
more than two (2) garage, yard or rummage sales per calendar year.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
There shall be permitted one (1) detached private garage or
accessory building, provided that such building shall be located not
less than sixty (60) feet from the front lot line or in shallower
lots, back two-thirds (2/3) the depth of the lot; in no case shall
a garage be constructed in front of the building line of buildings
on that street. The permitted size of the garage is determined by
multiplying the available rear lot area (defined as lot depth measured
from rear of the house to rear property line times lot width) times
fifteen percent (15%).
[Ord. No. 2017-2935 § 1, 10-24-2017]
A garage or accessory building may be built no closer than three
(3) feet of the side or rear lot line. A garage constructed as an
integral part of the main building shall be subject to the regulations
affecting the main building.
|
With the exception of Districts "M-1" and "M-2", inoperative
vehicles may not be stored or repaired (other than in closed garages)
on the premises.
|
c.
Temporary real estate sales offices located on property being
sold and limited to period of sale, but not exceeding two (2) years
without authorization from the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
d.
When swimming pools, meeting rooms, shelter houses, refreshment
stands or restaurants are constructed in public parks or playgrounds,
the Director of Planning and Zoning shall require adequate off-street
parking, sufficient screening to serve as a solid screen, that lighting
shall be so arranged as to reflect away from adjoining residential
properties and that proper buffer distances be provided to protect
adjoining residential property.
[Ord. No. 2017-2935 § 1, 10-24-2017]
e.
Pools having a depth of two (2) feet or more, provided the following
conditions are met:
(1) Located behind the front building line and not
less than ten (10) feet from the residence and any rear or side lot
line. In the case of corner lots, not less than fifteen (15) feet
from a side street right-of-way line and at least twenty (20) feet
from a principal building on an adjoining lot.
(2) If located in the side yard, it shall not be less
than sixty (60) feet from the front line and not less than fifteen
(15) feet from the side line.
(3) The area in which the pool is located shall be
entirely enclosed and separated from adjoining property by a protective
fence at least four (4) feet in height or other permanent structure
at least six (6) feet in height.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(4) Such protective enclosure shall be provided with
gates equipped with locks, which shall be locked when the pool is
not attended.
(5) Adequate pool drainage facilities shall be provided
for which the plans and specifications shall be approved by the City
Engineer.
B. Height And Area Regulations. In District "R-1A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. There shall be a front yard the minimum depth of
which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard
on each side of a building not less than ten percent (10%) of the
width of the lot. Such side yard shall not be less than ten (10) feet
and need not be more than twenty-five (25) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side
street, there shall be a side yard on the street side of not less
than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted
or sold, fronting on the side street may project not more than five
(5) feet in front of the line established for buildings by the front
yard requirements for the interior lots on the side streets, provided
this regulation shall not be so interpreted as to reduce the buildable
width of a corner lot in separate ownership at the time of the passage
of this Section to less than fifty (50) feet; and conforming with
previous zoning ordinances of Greenwood; and provided that the side
yard regulations above shall be observed.
4.
Rear Yards. There shall be a rear yard, the minimum depth of
which shall be at least forty (40) feet. When the residence is located
on the lot at an angle, measurements shall be taken at each end of
building parallel to the sides and a perpendicular measurement taken
from the rear of building to the furthest point of the lot. The average
of these three (3) measurements shall equal at least forty (40) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
5.
Width Of Lot. The mean width of a lot shall be not less than
one hundred (100) feet and shall have a width of not less than one
hundred (100) feet at the building line, provided that where a lot
has less width than herein required in separate ownership and conforming
with previous zoning ordinances of Greenwood at the time of the passage
of this Section, this regulation will not prohibit the erection of
a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered
shall provide a lot area of not less than twenty-one thousand seven
hundred eighty (21,780) square feet, provided that where a lot has
less area than herein required in separate ownership and conforming
with previous zoning ordinances of Greenwood at the time of the passage
of this Section (September 10, 1979), this regulation shall not prohibit
the erection of a one-family dwelling. However, where a public or
community sewer is not available and in use for the disposal of all
sanitary sewage from the premises, the minimum lot area shall be subject
to public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Every dwelling unit shall have a first floor area,
exclusive of basements, open or screened porches and garages, of not
less than one thousand five hundred (1,500) square feet.
8.
Parking regulations. (See Section
400.280, "Off-Street Parking and Loading".)
9.
Landscaping, street lighting and signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 99-08-02-02 § 1, 8-2-1999; Ord. No. 2006-02-13-01 § 9, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "R-1B", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-1A".
3.
Accessory uses as provided in District "R-1A" including as follows:
a.
A private stable will be allowed on a lot having an area of
more than one (1) acre, provided that it is located not less than
one hundred (100) feet from the front lot line nor less than seventy-five
(75) feet from any side or rear lot line. On such lots, there shall
not be kept more than one (1) horse, pony or mule for each forty-three
thousand five hundred sixty (43,560) square feet of lot area; provided
however, that where any such stable exists and/or animals as herein
provided for are kept, the owner or keeper shall cause the premises
to be kept and maintained so as to comply with all State, County and
municipal sanitary and health regulations regarding same.
B. Height And Area Regulations. In District "R-1B", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. There shall be a front yard the minimum depth of
which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard
on each side of a building not less than ten percent (10%) of the
width of the lot. Such side yard shall not be less than fifteen (15)
feet and need not be more than twenty-five (25) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side
street, there shall be a side yard on the street side of not less
than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted
or sold, fronting on the side street may project not more than five
(5) feet in front of the line established for buildings by the front
yard requirements for the interior lots on the side streets, provided
this regulation shall not be so interpreted as to reduce the buildable
width of a corner lot in separate ownership at the time of the passage
of this Section (September 10, 1979) to less than seventy (70) feet;
and conforming with previous zoning ordinances of Greenwood; and provided
that the side yard regulations above shall be observed.
[Ord. No. 2017-2935 § 1, 10-24-2017]
4.
Rear Yards. There shall be a rear yard, the minimum depth of
which shall be at least fifty (50) feet. When the residence is located
on the lot at an angle, measurements shall be taken at each end of
building parallel to the sides and a perpendicular measurement taken
from the rear of building to the furthest point of the lot. The average
of these three (3) measurements shall equal at least fifty (50) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
5.
Width Of Lot. The mean width of a lot shall be not less than
one hundred (100) feet and shall have a width of not less than one
hundred (100) feet at the building line, provided that where a lot
has less width than herein required in separate ownership and conforming
with previous zoning ordinances of Greenwood at the time of the passage
of this Section, this regulation will not prohibit the erection of
a one-family dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered
shall provide a lot area of not less than forty-three thousand five
hundred sixty (43,560) square feet, provided that where a lot has
less area than herein required in separate ownership and conforming
with previous zoning ordinances of Greenwood at the time of the passage
of this Section, this regulation shall not prohibit the erection of
a one-family dwelling. However, where a public or community sewer
is not available and in use for the disposal of all sanitary sewage
from the premises, the minimum lot area shall be subject to public
health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Every dwelling unit shall have a first floor area,
exclusive of basements, open or screened porches and garages, of not
less than two thousand (2,000) square feet.
8.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
9.
Landscaping, street lighting and signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 2005-10-24-02 § 1, 10-24-2005; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. The "R-1R" zone is hereby established to reserve areas of the City for light agricultural pursuits and conservation areas (see definition below) in conjunction with very low density residential uses and thereby to encourage and promote rural living. In District "R-1R", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-1".
2.
Modular and mobile homes provided such homes are permanently
affixed to the ground and all wheels and axles have been removed and
home is permanently connected to an approved sanitary sewer system.
3.
Agricultural And Related Uses.
a.
Commercial agriculture on parcels of five (5) acres or more.
b.
The non-commercial keeping of horses and other domestic farm
type animals not including chickens, rabbits or common household pets
subject to the following conditions:
(1) A minimum of one (1) acre of land dedicated for
the required maintenance of such animals shall be provided.
(2) Three (3) such animals may be maintained on the
first dedicated acre and up to one (1) additional animal for each
additional one-half (1/2) acre.
(3) No such animal may be sheltered, fed or watered
closer than one hundred (100) feet to a residence occupied by other
persons.
(4) The keeping of all animals shall be subject to the regulations and conditions of Chapter
205 (Animal Control).
c.
The keeping or raising of domestic animals for commercial purposes
including commercial stables where more than two (2) horses are boarded.
(1) For the commercial boarding of more than two (2)
horses, a minimum of five (5) acres in gross area is required.
d.
Boarding of one (1) or two (2) horses for a fee.
e.
The keeping of poultry or rabbits for non-commercial purposes
at least one hundred (100) feet from a residence belonging to other
persons.
g.
Parking or storage of no more than one (1) commercial vehicle
exceeding twenty-six thousand (26,000) gvw.
4.
Public and Semi-Public Uses.
a.
Churches, convents, monasteries and other religious institutions.
b.
Recreational facilities, such as rodeos, hunting/riding clubs,
country clubs, tennis and swim clubs, golf courses, with incidental
limited commercial uses which are commonly associated and directly
related to the primary use.
c.
Community service agency camps.
d.
Airports, landing fields, heliports and related activities and
uses.
5.
Accessory uses customarily incident to the above uses and located
on the same lot therewith not involving the conduct of a retail business.
a.
Any accessory use permitted in District "R-1".
b.
Guest house or accessory living quarters subject to the following
conditions:
(1) Attached or detached accessory living quarters.
(2) Accessory living quarters and guest houses are
limited to fifty percent (50%) of the livable square footage of the
main dwelling up to a maximum of eight hundred (800) square feet for
a detached guest house or one thousand (1,000) square feet for attached
accessory living quarters. Travel trailers are not allowed as guest
houses or accessory living quarters.
(4) All utilities must be on the same meters as the
principal dwelling.
(5) Maximum separation between the main dwelling and
guest house shall be sixty (60) feet.
(6) A deed restriction shall be recorded with either
Jackson or Cass County Records Department prior to issuance of a building
permit indicating that the accessory unit is for family or guests
and not for rental.
c.
All accessory structures (excluding guest house/accessory living
units) shall be subject to the following restrictions:
(1) Bathroom facilities shall be limited to one (1)
sink and one (1) toilet.
(2) Accessory structures shall be limited to a maximum
size of three thousand (3,000) square feet. Any accessory structure
which exceeds three thousand (3,000) square feet shall require a special
use permit.
(3) The use of mobile homes, semi-trailers, railroad
cars, shipping containers, travel trailers, camper shells or similar
units as accessory structures is prohibited.
(4) Accessory structures may be established prior to
the dwelling or primary structure subject to the provisions outlined
above.
d.
Attached Structures. An accessory structure that is attached
to the main structure shall meet all of the setback requirements of
the main structure.
e.
Detached structures.
(1) A detached structure shall meet the setback requirements
of the main building for the front and street side yard areas.
(2) A detached accessory structure which does not exceed
fifteen (15) feet in height and six hundred (600) square feet in area
may be located within an interior side yard or rear yard; provided
however, that such structure shall not be located closer than five
(5) feet to an interior side or rear lot line.
(3) A detached accessory structure which exceeds fifteen
(15) feet in height or six hundred (600) square feet in area shall
maintain the same minimum side and rear setbacks as required for the
main dwelling.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(4) A detached structure shall maintain a minimum ten
(10) feet separation from the main structure.
(5) For the purpose of this Section, swimming pools,
hot tubs and spas shall be considered to be a detached accessory structure.
f.
Other structures.
(1) Steps, architectural features such as eaves, awnings,
chimneys, stairways, wing walls or bay windows may project not more
than six (6) feet into any required front, street side or rear yard
area, nor into any required side yard area more than one-half (1/2)
of said required side yard. Greater overhangs or projections may be
permitted when it is demonstrated that such additional overhangs or
projections are needed for solar or alternate energy purposes, subject
to the approval of the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
(2) Balconies, porches or decks shall not encroach
or project into any required setback area.
g.
Amateur (HAM) radio towers shall be permitted for the personal
use of the property owner/resident and subject to the following provisions:
(1) Towers shall not project more than sixty-five (65) feet above grade; establishment of towers above this limit but less than one hundred (100) feet in height may be permitted only through the special class procedures set forth in Section
400.210. The height of extension antennas shall be determined in its cranked-down position and shall remain in said position except during use.
(2) Towers shall meet the minimum setback requirements
for the zone in which they are located; no portion of any antenna
array shall extend beyond the property lines.
(3) It shall be the responsibility of the property
owner to demonstrate that the site is adequate in size to contain
debris resulting from tower failure and that such failure will not
present a safety hazard to adjoining properties.
(4) Satellite dishes up to twelve (12) feet in diameter
shall be permitted subject to the following restrictions:
(a) Ground-mounted antennas shall be located outside
any required front and side yard setback area.
(b) All installations must comply with accessory use
height requirements.
h.
Outdoor storage of unlicensed or inoperable vehicles, vehicle
parts, auto parts, tires, secondhand building material, pipe, drums,
appliances, household furniture, household refuse, unlicensed travel
trailers or utility trailers, etc., shall be permitted. This Section
in no way authorizes the storage of any unlawful, noxious, hazardous
or offensive materials, substances or objects. All outdoor storage
shall be subject to the following conditions:
(1) For any lot or parcel of land, the area permitted
for the above-described outdoor storage shall be one hundred (100)
square feet of outdoor storage per acre up to a maximum of two thousand
(2,000) square feet.
(2) On any lot or parcel of land, all outdoor storage
shall be located to the rear of the property and screened from neighboring
properties and roadways by a wall, non-transparent fencing, landscaping
or other structure. Any wall or fencing shall not exceed six (6) feet
in height. Stored secondhand materials, vehicles, vehicle parts, etc.,
shall not be stacked so as to be visible above the required screening
or more than six (6) feet high. The provisions of this paragraph shall
not be construed to restrict the storage of firewood maintained for
personal use by the occupant of the premises.
(3) All permitted screened outdoor storage areas shall
meet the minimum required building setbacks as prescribed by this
Section.
(4) Screened outdoor storage areas shall not be permitted
on any parcel unless there is a dwelling on the parcel.
i.
Temporary storage of construction materials, not to exceed one
(1) year, shall be permitted on any lot or parcel of land provided
such materials are being used in conjunction with a valid construction
project on that lot or parcel with an issued building permit.
[Ord. No. 2017-2935 § 1, 10-24-2017]
j.
One (1) commercial vehicle exceeding twenty-six thousand (26,000)
pounds gross vehicle weight including, but not limited to, semi-tractors,
semi-trailers, dump trucks, etc. and associated commercial equipment
may be parked, stored or serviced on any lot or parcel of land.
k.
The storage of a mobile home on any lot or parcel of land is
prohibited.
l.
Where public or semi-public uses are established, a masonry
wall or alternative opaque fence six (6) feet in height as measured
from the highest adjacent grade and screen landscaping may be required
by the Director of Planning and Zoning to be erected and maintained
between such uses and adjacent residential uses on properties.
[Ord. No. 2017-2935 § 1, 10-24-2017]
m.
Apparatus needed for the operation of active and passive solar
energy systems or other alternate energy systems including, but not
limited to, overhangs, movable insulating walls and roofs, attached
or detached solar collectors, reflectors and piping shall be permitted
for any use subject to the approval and specifications of the Director
of Building and Zoning.
n.
One (1) recreational vehicle or travel trailer per lot or parcel
may be used for temporary residency not to exceed one hundred (100)
days per year provided the lot or parcel is not already occupied by
a dwelling. A temporary use permit shall be obtained from the Director
of Planning and Zoning prior to establishing said temporary residence
and the travel trailer or recreational vehicle must be removed from
the parcel upon the expiration of the temporary use permit. Approval
by the Director of Planning and Zoning may be subject to conditions.
[Ord. No. 2017-2935 § 1, 10-24-2017]
B. Height And Area Regulations. In District "R-1R", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section
400.220 "Setback Regulations" and Section
400.260 "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. There shall be a front yard, the minimum depth
of which shall be at least thirty (30) feet.
3.
Side Yards. On one-family dwellings, there shall be a side yard
on each side of a building not less than ten (10) feet.
[Ord. No. 2017-2935 § 1, 10-24-2017]
a.
On corner lots where no adjacent interior lot faces the side
street, there shall be a side yard on the street side of not less
than fifteen (15) feet.
b.
Buildings on corner lots, where interior lots have been platted
or sold, fronting on the side street may project not more than five
(5) feet in front of the line established for buildings by the front
yard requirements for the interior lots on the side streets, provided
this regulation shall not be so interpreted as to reduce the buildable
width of a corner lot in separate ownership at the time of the passage
of this Section (September 10, 1979) to less than twenty-eight (28)
feet; and conforming with previous zoning ordinances of Greenwood;
and provided that the side yard regulations above shall be observed.
4.
Rear Yards. There shall be a rear yard, the minimum depth of
which shall be at least thirty (30) feet. When the residence is located
on the lot at an angle, measurements shall be taken at each end of
building parallel to the sides and a perpendicular measurement taken
from the rear of building to the furthest point of the lot. The average
of these three (3) measurements shall equal at least thirty (30) feet.
5.
Width Of Lot. The mean width of a lot shall be not less than
three hundred (300) feet and shall have a width of not less than three
hundred (300) feet at the building line, provided that where a lot
has less width than herein required in separate ownership and conforming
with previous zoning ordinances of Greenwood at the time of the passage
of this Section (September 10, 1979), this regulation will not prohibit
the erection of a one-family dwelling.
6.
Lot Area Per Family. Every dwelling hereinafter erected or altered
shall provide a lot area of not less than five (5) acres, provided
that where a lot has less area than herein required in separate ownership
and conforming with previous zoning ordinances of Greenwood at the
time of the passage of this Section (September 10, 1979), this regulation
shall not prohibit the erection of a one-family dwelling.
7.
Floor Area. Every dwelling unit shall have a first floor area,
exclusive of basements, open or screened porches and garages, of not
less than one thousand fifty (1,050) square feet.
8.
Lot Coverage. Maximum lot coverage shall not exceed twenty percent
(20%) or one (1) acre, whichever is less.
9.
Parking Regulations. Except as specifically allowed in this Section, parking requirements shall conform to the provisions of Section
400.280 "Off-Street Parking and Loading".
a.
Unless otherwise prohibited or limited in this Section, outdoor parking of personal vehicles which are currently licensed and currently operable is permitted. Vehicles which are neither currently licensed nor currently operable shall be considered outdoor storage and housed or screened per Subsection
(A)(5)(h) above. Required front and street side setback areas shall not be used for parking or storage of any motor vehicles, vehicle accessory including, but not limited to, travel trailers, recreational vehicles, camper shells, boats, utility trailers, motorbikes, etc. One (1) motor vehicle or travel trailer for sale may be parked on or adjacent to the driveway but not elsewhere in the front or street side setback areas.
C. Walls And Fences. The provisions of this Section shall not apply
to a wall or fence required by any law or regulation of the State
of Missouri or any agency thereof.
1.
In any required front or street side yard, an opaque or solid
wall or fence shall not exceed three (3) feet in height.
2.
A wall or solid fence not more than six (6) feet in height,
as measured from the highest adjacent grade, may be maintained along
the interior side or rear lot lines provided that such wall or solid
fence does not extend into a required front or street side yard. Extensions
of walls or fences into required front or street side yards may not
exceed three (3) feet in height.
3.
Walls or fences exceeding six (6) feet in height may be permitted only through the variance procedure set forth in Section
400.340 and subject to the granting of a building permit.
4.
A wall or fence adjacent to a driveway providing vehicular access
to an abutting lot shall not exceed three (3) feet in height within
fifteen (15) feet of the intersection of said driveway and the street
right-of-way so as not to obstruct visibility.
[Ord. No. 6.001 § VIII
Art. IV, 9-10-1979; Ord.
No. 2006-02-13-01 § 10, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "R-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-1".
3.
Accessory uses as provided in District "R-1".
B. Height And Area Regulations. In District "R-2", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Same as in District "R-1".
2.
Front Yards. Same as in District "R-1".
3.
Side Yards. On two-family dwellings, there shall be a side yard
on each side of a building of not less than ten percent (10%) of the
width of the lot. Such side yard shall not be less than ten (10) feet.
In District "R-2", regulations for corner lots shall be the same as
for District "R-1".
4.
Rear Yards. Same as in District "R-1".
5.
Width Of Lot. Same as in District "R-1".
6.
Lot Area Per Family. Every dwelling shall provide a lot area
of not less than seven thousand eight hundred (7,800) square feet
per family for single-family dwellings or six thousand (6,000) square
feet per family for two-family dwellings, provided that where a lot
has less area than herein required in separate ownership and conforming
with previous zoning ordinances of Greenwood at the time of the passage
of this Chapter (September 10, 1979), this regulation shall not prohibit
the erection of a one-family dwelling. However, where a public or
community sewer is not available and in use for the disposal of all
sanitary sewage from the premises, the minimum lot area shall be subject
to public health requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Floor Area. Same as in District "R-1" for single-family dwellings
and a minimum of one thousand four hundred forty (1,440) square feet
for two-family dwellings.
8.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
9.
Landscaping, Street Lighting And Signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 6.001 § IX Art.
IV, 9-10-1979; Ord. No.
6.001B § I(A-8), 11-5-1990; Ord. No. 2006-02-13-01 § 11, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "R-3", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in Districts "R-1" and "R-2".
2.
Apartment houses or multiple dwellings.
3.
Boarding and lodging houses.
5.
Hotels or apartment hotels.
6.
Private clubs or fraternal orders, except those whose chief
activity is carried on as a business.
7.
Philanthropic or eleemosynary institutions*, other than penal
or corrective institutions. (*defined as: altruistic, benevolent,
good, humane, humanitarian, philanthropic)
8.
Accessory uses customarily incident to any of the above uses
and located on the same lot, not involving the conduct of a business
or industry.
There shall be permitted such facilities as are required for
the operation of a hotel or apartment hotel, when conducted and entered
from within the building, provided no window or other display or sign
on the exterior of the building is allowed to advertise such use.
B. Height And Area Regulations. In District "R-3", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. Same as in District "R-1".
3.
Side Yards. Same as District "R-2", including regulations for
corner lots.
4.
Rear Yards. There shall be a rear yard, the minimum depth of
which shall be at least twenty-five (25) feet.
5.
Width Of Lot. Same as in District "R-1".
6.
Lot Area Per Family. Every building of over four-family dwelling
units shall provide a minimum lot area of not less than three thousand
(3,000) square feet per family unit. For a three-family unit there
shall be a minimum lot area of five thousand (5,000) square feet per
family unit. For a four-family unit there shall be a minimum lot area
of four thousand (4,000) square feet per family unit. However, where
a public or community sewer is not available and in use for the disposal
of all sanitary sewage from the premises, each minimum lot area shall
be subject to public health requirements.
7.
Floor Area. Minimum floor area for any multiple dwelling building
shall be seven hundred twenty (720) square feet per family dwelling
unit.
8.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
9.
Play Or Park Space. Suitable play or park space shall be provided
which is easily accessible from the living units without encountering
traffic hazards and which is so located that it will not impair the
views from the fronts of the apartments. Such space shall contain
not less than the following area:
a.
One thousand (1,000) square feet for the first four (4) family
units;
b.
Plus sixty (60) square feet per unit for the next eight (8)
family units;
c.
Plus thirty (30) square feet per unit for all units over twelve
(12).
10.
Landscaping, Street Lighting And Signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 6.001 § IXA
Art. IV, 9-10-1979; Ord.
No. 2006-02-13-01 § 12, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "R-3A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in Districts "R-1" and "R-2".
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
Apartment houses or multiple dwellings.
[Ord. No. 2017-2935 § 1, 10-24-2017]
3.
Multifamily attached dwelling units.
[Ord. No. 2017-2935 § 1, 10-24-2017]
B. Height And Area Regulations. In District "R-3A", the height of the buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height above ground level.
2.
Open space.
a.
No portion of a building or structure shall be located closer
than twenty (20) feet to a side or rear property line, except garages
which may be located within five (5) feet of a property line which
is the rear line of an abutting lot or lots.
b.
No portion of a building shall be located closer than thirty
(30) feet to a street line.
c.
Except for open areas required for compliance with the following
requirements for clearance between buildings, no front, side or rear
yards need be provided unless said District "R-3A" is in the same
block with a use district which has yard requirements. In such cases,
yard requirements shall be applied as follows:
(1) Front Yards. If District "R-3A" is on the same
side of the street, the front yard requirements of said adjacent use
district shall apply to that part of District "R-3A" within one hundred
(100) feet of said adjacent district. No parking area shall be placed
in such required front yard.
(2) Side And Rear Yards. Where District "R-3A" abuts
a use district which has side and/or rear yard requirements, a side
and/or rear yard meeting such yard requirements shall be provided
in District "R-3A" between said common use district line and any buildings.
d.
No part of an off-street parking area, including stall and access
driveway, shall be located closer than five (5) feet to a property
street line.
e.
No two (2) buildings or opposite portions of a building around
a court shall have a closer relationship than the following:
(1) Back to back, forty (40) feet;
(2) Front to front, fifty (50) feet;
(3) End to end, twenty (20) feet;
(4) Corner to corner, fifteen (15) feet;
(5) End to back, twenty-five (25) feet;
(6) End to front, forty (40) feet;
(7) No dwelling unit shall face directly upon the rear
of a building.
(8) Service areas and vestibules, porches, balconies
and canopies not extending more than ten (10) feet from the building
shall be excluded from the clearance requirements of Subparagraphs
(1) to (7) inclusive.
(9) Where the walls of two (2) buildings face each
other and the portions of the faces which overlap or are directly
opposite each other do not exceed fifteen (15) feet in length and
said overlapping portions do not contain windows, the distance between
the walls may be not less than nine (9) feet.
3.
Lot Area Per Family. Every building of over four (4) family
dwelling units shall provide a minimum lot area of not less than two
thousand (2,000) square feet per family unit. For two (2), three (3)
or four (4) family dwelling units there shall be a minimum lot area
of sixteen thousand (16,000) square feet. However, where a public
or community sewer is not available and in use for the disposal of
all sanitary sewage from the premises, each minimum lot area shall
be subject to public health requirements.
4.
Floor Area. Minimum floor area for any garden apartment dwelling
building shall be four hundred seventy-five (475) square feet per
unit.
5.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
6.
Play Or Park Space. Suitable play or park space shall be provided
which is easily accessible from the living units without encountering
traffic hazards and which is so located that it will not impair the
views from the fronts of the apartments. Such space shall contain
not less than the following area:
a.
One thousand (1,000) square feet for the first four (4) family
units;
b.
Plus sixty (60) square feet per unit for the next eight (8)
family units;
c.
Plus thirty (30) square feet per unit for all units over twelve
(12).
7.
Landscaping, street lighting and signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
C. Planning. A garden apartment project shall be planned and developed
only on a lot or tract under single ownership or unified control.
All service areas shall be screened from abutting property and ample
access to all parts of the premises for four-wheeled emergency vehicles
shall be provided.
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
All buildings shall be so arranged or grouped as to have a reasonably
wide-spaced distribution over the entire premises. In addition, the
buildings shall be so arranged that maximum light, air and open space
shall be available to each dwelling unit. Playground and parking space
shall be located as to best serve the entire project.
2.
Architectural plans and specifications for the project shall
be submitted for review and approval by the Director of Building and
Zoning and the Planning Commission and recommended to proper City
authority before the issuance of a building permit. Submission of
plans and specifications on transmittal shall include such information
as is necessary to evidence compliance with all requirements of this
Section. The applicant will be required to furnish evidence establishing
that there is adequate capacity in the sanitary sewer system for the
sewage which will originate in the proposed project or if there is
a deficiency in the local sewer capacity that such needed additional
capacity will be provided by the applicant.
3.
Upon determination that the project as planned conforms to all
the regulations contained herein and all other City ordinances and
upon approval by the Director of Building and Zoning and the Planning
Commission, the applicant may apply to the proper authorities for
a building permit.
D. Special Conditions. If in any district zoned "R-3A" (Garden Apartment District) the area is not developed in accordance with the requirements as set forth for this district, then that area shall automatically revert to District "R-1" (First Dwelling House District) with such use regulations imposed on it as are outlined in Section
400.090, District "R-1" (First Dwelling House District).
[Ord. No. 6.001 § X Art.
IV, 9-10-1979; Ord. No.
2006-02-13-01 § 13, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "C-O", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "R-3".
2.
Office buildings to be used only for the administrative functions
of companies, corporations, social or philanthropic organizations
or societies.
3.
Other offices, limited to the following:
g.
Physicians, osteopaths, chiropractors.
4.
Customary Accessory Uses, Including Signs. No sign shall be
larger than sixteen (16) square feet in area and shall set not closer
than fifteen (15) feet from the front or side property line.
5.
No merchandise shall be handled or displayed, except as mortuaries;
and no equipment, material or vehicle other than motor passenger cars
shall be stored outside a building in this district.
B. Height And Area Regulations. In District "C-O", the height of office buildings and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section
400.220, Setback Regulations, and Section
400.260, Height and Area Exceptions.)
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Height. Same as District "R-3".
2.
Front Yards. Same as District "R-3".
3.
Side Yards. For office buildings there shall be a side yard
on each side of a building not less than twenty percent (20%) of the
width of the lot, except that such side yard shall not be less than
fifteen (15) feet and need not be more than fifty (50) feet.
Buildings on corner lots, where interior lots have been platted
or sold, fronting on the side street may project not more than ten
(10) feet in front of the line established for the buildings by the
front yard requirements for the interior lots on the side street.
4.
Rear Yard. Same as District "R-3".
5.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
6.
Landscaping, Street Lighting And Signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 6.001 § X-A
Art. IV, 9-10-1979; Ord.
No. 2006-02-13-01 § 14, 2-13-2006; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "C-B", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in District "C-O".
2.
Other Uses.
f.
Hospitals for small animals, provided all activities are carried
on within an enclosed building.
h.
Restaurants, cafes and cafeterias serving customers only within
an enclosed building. All operations including purchases and consumption,
must be within the enclosed building.
i.
Schools and day nursery operated as a business.
[Ord. No. 2017-2935 § 1, 10-24-2017]
j.
Stores, shops and markets for retail trade provided that all
operations, displays and storage be carried on within an enclosed
building.
l.
Wholesale sales offices and sample rooms provided that all operations,
displays and storage be carried on within an enclosed building.
n.
Accessory uses customarily incidental to any of the above uses,
including air-conditioning plants, ice and refrigeration plants, purely
incidental to the main activity permitted on the premises and when
operated by electricity or gas.
B. Height And Area Regulations. In District "C-B", the height of the buildings hereinafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section
400.220, Setback Regulations, and Section
400.260, Height and Area Exceptions.)
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Height. Same as District "R-3".
2.
Front Yards. There shall be a front yard the minimum depth of
which shall be thirty (30) feet.
3.
Side Yards. A side yard of not less than ten (10) feet shall
be provided.
4.
Rear Yards. There shall be a rear yard the minimum depth of
which shall be at least twenty (20) feet, except that on a corner
lot no rear yard is required within fifty (50) feet of a side street,
unless the rear line adjoins a residential district.
5.
Parking regulations. (See Section
400.280, "Off-Street Parking and Loading".)
6.
Landscaping, Street Lighting And Signs. (See Section
400.285 (Landscape Regulations), Section
410.190 (Street and Commercial Lighting) and Chapter
430 (Signs).)
[Ord. No. 6.001 § XI Art.
IV, 9-10-1979; Ord. No.
2002-02-21-01 § 1, 2-21-2002; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "C-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
1.
Any use permitted in Districts "C-O" or "C-B".
2.
Other Uses.
a.
Automobile parking lots for passenger cars or trucks.
c.
Motor vehicle or trailer, including mobile homes, sales rooms
or yards, other than premises where used vehicles are dismantled or
used parts sold, provided no vehicles shall be displayed outside the
building within thirty (30) feet of the front street line and regulations
regarding repairs shall be the same as for garages (public) in this
district.
[Ord. No. 2017-2935 § 1, 10-24-2017]
d.
Automobile washing establishments.
h.
Bicycle repair shops, electrical repair and "fix-it" shops.
k.
Cleaning, pressing and dyeing establishments employing not more
than five (5) persons, provided that only non-explosive cleaning fluids
shall be used.
l.
Clinics (medical or dental).
m.
Frozen food lockers for individual or family use.
n.
Garages (public), except that in public garages no repair work
shall be carried on outside of the building and no repairs shall be
conducted on any premises within seventy-five (75) feet of a residential
district. However, self-storage or mini-storage units do not qualify
under this Section.
o.
Greenhouses (commercial).
q.
Hospitals for small animals.
r.
Launderettes or self-service laundries, provided all equipment
is installed and anchored to eliminate vibration. No dust, lint, noise
or odor generated by this operation shall be perceptive at the boundary
of the premises.
t.
Newspaper publishing plants.
w.
Printing, letter and duplicating shops.
x.
Radio and television shops.
y.
Restaurants, cafes and cafeterias.
z.
Schools operated as a business.
ab.
Shops for custom work or the manufacture of articles, provided
that in such manufacture the total mechanical power shall not exceed
five (5) horsepower for the operation of any one (1) machine and,
provided further, that such manufacturing use is not noxious or offensive
by reason of vibration, noise, odor, dust, smoke or gas and, provided
further, that all operation, display and storage be carried on within
the building.
ac.
Stores, shops and markets for retail trade.
ae.
Taverns, bowling alleys, cafes, cafeterias, dance halls, nightclubs,
skating rinks, drive-in restaurants, refreshment stands and any other
retail trade, where persons are served in automobiles; provided however,
that the same shall be not less than two hundred (200) feet from any
existing hospital, school or church and shall be not less than two
hundred (200) feet from a residential district, unless recommended
by the Director of Building and Zoning and the Planning Commission
and approved by the Board under such restrictions as seem appropriate
after consideration of noise and other detrimental factors incident
to such use.
af.
Tourist cabins, courts and motels.
ag.
Wholesale sales offices and sample rooms.
ah.
Medical marijuana dispensary facility.
[Ord. No. 2019-2966, 7-23-2019]
ai.
Accessory uses customarily incident to any of the above uses,
including air-conditioning plants, ice and refrigeration plants, purely
incidental to the main activity permitted on the premises and when
operated by electricity or gas.
B. Height And Area Regulations. In District "C-1", the height of the buildings hereinafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected exclusively for dwelling purposes shall comply with all the requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section
400.220, Setback Regulations, and Section
400.260, Height and Area Exceptions.)
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Height. Same as District "R-3".
2.
Front Yards. There shall be a front yard the minimum depth of
which shall be thirty (30) feet, except that it need be of no greater
depth than the least depth established by existing buildings in this
district within the same block.
3.
Side Yards. A side yard of not less than ten (10) feet shall
be provided.
4.
Rear Yards. There shall be a rear yard the minimum depth of
which shall be at least twenty (20) feet, except that on a corner
lot no rear yard is required within fifty (50) feet of a side street,
unless the rear line adjoins a residential district.
5.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
[Ord. No. 6.001 § XII
Art. IV, 9-10-1979; Ord.
No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "C-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties").
Any use permitted in District "C-1".
B. Height And Area Regulations. In District "C-2", the lot and yard
requirements for dwellings shall be the same as in District "C-1".
Commercial buildings shall not exceed thirty-five (35) feet or two
and one-half (2 1/2) stories in height and may be built on street
lines, lot lines or with joint ownership of common walls across lot
lines as is permitted in business district regulations.
C. Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
[Ord. No. 6.001 § XIII
Art. IV, 9-10-1979; Ord.
No. 2009-02-23-01 § 4, 2-23-2009]
A. General Conditions.
1.
A District "C-P" may be established on a tract of land in single
ownership or under unified control, provided that a preliminary development
plan for a planned business district has been prepared and submitted
to the Planning Commission in compliance with the regulations and
requirements of this Section.
2.
The location of any District "C-P" shall be on property which
has an acceptable relationship to major thoroughfares and the Planning
Commission must satisfy itself as to the adequacy of the thoroughfares
to carry the additional traffic generated by the development.
3.
The plan for the proposed development must present a unified
and organized arrangement of buildings and service facilities which
shall have a fundamental relationship to the properties comprising
the planned development and shall not adversely affect the uses of
properties immediately adjacent to the proposed development.
4.
The Planning Commission shall have power to make and adopt such
rules and regulations as are necessary and proper to effectuate the
purpose of this Section.
B. Preliminary Plan.
1.
The proponents of a Planned Business District shall prepare
and submit a preliminary development plan to the Director of Planning
and Zoning for inspection and review, upon which plan the Director
of Planning and Zoning shall advertise and hold a public hearing before
the Planning Commission. This preliminary plan of the property to
be zoned as a District "C-P", drawn to scale, shall show the boundaries
of the property proposed to be zoned, the existing topography with
contour intervals not greater than five (5) feet, unless waived by
the Director of Planning and Zoning, and the proposed size, location
and arrangement of buildings, parking areas, with proposed arrangement
of stalls and number of cars, entrance and exit driveways and their
relationship to existing and proposed streets, alleys and other public
ways or public property and any additional information required by
the Director of Planning and Zoning. The plan shall show sufficient
proposed control grades to interpret the intent of the developer.
The preliminary plan shall also show the development of adjacent properties
within two hundred (200) feet, including the location and type of
buildings and structures thereon. If the Planned Business District
is proposed in an unplatted area, the preliminary plan shall be accompanied
by a plat, giving the full legal description of the boundaries of
the property to be included in the areas to be zoned as a Planned
Business District.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
It also shall be accompanied by a plan, drawn to scale, showing
the general arrangement of streets within the remainder of this ownership,
which plat need not include more than one thousand (1,000) feet from
the boundaries of the area to be zoned as a Planned District.
3.
The developer shall indicate on the preliminary plan the stages
which will be followed in the construction of the planned center.
4.
If this preliminary plan is found to comply with the intent
of the requirements and regulations as set forth in this Section,
the Planning Commission shall, after public hearing, submit such approved
preliminary plan to the Board of Aldermen with a recommendation for
an amendment to the City's Zoning Code, which amendment is to provide
for and establish a District "C-P" for the land covered by the preliminary
plan.
5.
Upon approval of the zoning change by amendment to the City's
Zoning Code, the proponent shall, within two (2) years, submit a final
development plan to the Planning Commission for its review and recommendation.
The final development plan may be submitted separately for the first
and successive stage of construction.
C. Final Plan.
1.
It shall be the responsibility of the Director of Planning and
Zoning to determine that each stage or all of the final development
plan conforms to the intent of the preliminary plan on which the zoning
change was made. The Planning Commission having reviewed the final
development plan for any or all stages of the development and finding
that it conforms to the intent of the preliminary plan shall approve
such plan and file it for record in the office of the Director of
Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
If the final development plan fails to conform to the intent
of the preliminary plan submitted in support of the rezoning, such
final development plan may be submitted to the Planning Commission
as an amended preliminary plan, upon which the Director of Planning
and Zoning shall advertise and hold a public hearing before the Planning
Commission. The procedure shall be the same as for the original preliminary
plan.
[Ord. No. 2017-2935 § 1, 10-24-2017]
3.
No building permit shall be issued for any construction in this
District "C-P" until the Planning Commission shall have approved the
final development plan covering at least the first stage of development
and notified the Board of Aldermen.
4.
A final development plan, prepared for each succeeding stage,
shall also be reviewed by the Planning Commission and when approved
shall be filed in the office of the Director of Planning and Zoning.
[Ord. No. 2017-2935 § 1, 10-24-2017]
5.
The proponents of a Planned Business District shall prepare
and submit a schedule of construction, which construction shall begin
within a period of one (1) year following the approval of the final
development plan by the Planning Commission and the issuance of a
building permit. Failure to begin the construction as scheduled shall
void the plan as approved, unless a request for an extension of time
is made by the proponents to the Planning Commission and approved
by the Board of Aldermen. If for any reason the plan is abandoned
or if the construction is terminated after the completion of any stage
and there is ample evidence that further development is not contemplated,
the order establishing such District "C-P" may be rescinded by the
Board of Aldermen and the zoning of the entire tract or the portion
which is undeveloped as a District "C-P" shall be changed to a suitable
classification.
6.
After the zoning change has been made and the final development
plan has been approved and when, in the course of carrying out this
plan, adjustments or rearrangements of buildings, parking area, entrances,
heights or open spaces are requested by the proponents and such requests
conform to the standards established by the approved final development
plan for area to be covered by buildings, parking spaces, entrances,
height, setback and other requirements, such adjustments may be approved
by the Board of Aldermen upon application and after receiving the
recommendations of the Planning Commission.
7.
The plan shall meet the requirements stated herein as to use,
height, open space, off-street parking and loading and all driveways
or public access.
[Ord. No. 2017-2935 § 1, 10-24-2017]
D. Use Regulations. In District "C-P", no building, structure or premises
shall be used and no building shall be hereafter erected, constructed,
reconstructed, moved or altered, except for one (1) or more of the
following uses:
1.
Any uses permitted in District "C-2", except billboards and
except those permitted in Districts "R-1", "R-2", "R-3" and "R-3A".
2.
Accessory uses customarily incident to any of the above uses.
[Ord. No. 2017-2935 § 1, 10-24-2017]
E. Height And Area Regulations. In a District "C-P", the height for buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of open spaces shall be as follows: (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
There shall be a setback from any street of at least thirty
(30) feet for any building and ten (10) feet for any parking lot.
Along any other property line, within or adjoining a zoned business
district, there shall be a setback for any building or structure of
at least ten (10) feet, unless the Board of Aldermen waive such setback.
3.
Along any other property line abutting or adjoining a zoned
Dwelling House District, there shall be a setback of at least ten
(10) feet for any building or parking lot. The Planned Business District
shall be permanently screened from such abutting or adjoining properties
zoned for dwelling house use by wall, fence or other suitable enclosure
at least three and one-half (3 1/2) feet in height. The area adjacent
to such wall or fence shall be planted with trees and shrubs to form
an ornamental screen and trees and shrubs shall be properly and adequately
maintained by the developer or current owner.
4.
The building line along any street shall be consistent with
the building line established in any neighboring residential districts.
The Planning Commission may recommend to the Board of Aldermen a reduction
in the above required setbacks where the situation will reasonably
warrant such reductions.
5.
Parking Regulations. (See Section
400.280, Off-Street Parking and Loading.)
[Ord. No. 6.001 § XIV
Art. IV, 9-10-1979; Ord.
No. 2002-02-21-01 § 2, 2-21-2002; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "M-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties".)
1.
Any use permitted in District "C-2".
2.
Other uses.
b.
Blacksmith or wagon shops.
e.
Canning or preserving factories.
f.
Carpenter, cabinet or pattern shops, provided that such use
is not noxious or offensive by reason of vibration, noise, odor, dust,
smoke or gas.
g.
Carpet cleaning establishments.
h.
Chemical laboratories not producing noxious fumes or odors.
i.
Cleaning, pressing and dyeing plants.
l.
Dog pounds, if within an enclosed building.
n.
Flour mills, feed mills and grain processing, provided that
such use is not noxious or offensive by reason of vibration, noise,
odor, dust, smoke or gas.
p.
Freight terminals (rail, truck or water).
v.
Machine shops, provided that such use is not noxious or offensive
by reason of vibration, noise, odor, dust, smoke or gas.
w.
Manufacture or assembly of products such as: Artificial flowers;
feathers; plumes; awnings; bags, blacking; small boats; bone products;
brooms and brushes; buttons and novelties; candy; canvas products;
cement products; concrete blocks; chemicals (non-offensive); cigars;
cigarettes or smoking tobacco; cleaning or polishing preparations;
clothing; coffee (roasting); cosmetics; cotton seed; peanut or similar
products; drugs or medicines; electric signs; extracts, food products,
fruit juices; gas or electric fixtures; ice cream; leather products;
light metal products; musical instruments; paper products; shell products;
shoes and boots; syrup; terra cotta or tile handcraft products; textiles;
toys; wooden ware.
x.
Milk bottling or distribution plants.
y.
Monument or marble works.
z.
Moving, transfer or storage plants, self-storage units or mini-storage
units.
aa.
Parking lots for trucks, mobile construction equipment, etc.
ab.
Planing mills, provided that such use is not noxious or offensive
by reason of vibration, noise, odor, dust, smoke or gas.
ac.
Plumbing and sheet metal shops, provided that such use is not
noxious or offensive by reason of vibration, noise, odor, dust, smoke
or gas.
ad.
Produce markets (wholesale).
af.
Sales rooms, yards and service for farm machinery and contractors
equipment.
ah.
Storage in bulk of or warehouse for such materials as: Asphalt;
brick; building materials; cement; clothing; coal; contractor's equipment;
cotton; drugs; dry goods; feed; fertilizer; food; grain; gravel; grease;
hay; ice; lime; liquor; lubricating oil machinery; metals; millinery;
oil; paint; materials; pipe; plaster; roofing; rope; rubber shop supplies;
sand; stone; tar; tarred or creosoted products; terra cotta; timber;
tobacco; turpentine; varnish; wine; wood; wool; butane (less than
tank car lots); gasoline (less than tank car lots); propane (less
than tank car lots).
aj.
Manufacture of any similar character to that herein listed,
provided such use is not noxious or offensive by reason of vibration,
noise, odor, dust, smoke or gas.
ak.
Molding, casting and shaping plastic products and compounding,
formulating, mixing and storage of warehousing in bulk of insecticides
and pesticides, provided that such use is not noxious or offensive
by reason of vibration, noise, odor, dust, smoke or gas.
al.
Medical marijuana cultivation facility.
[Ord. No. 2019-2966, 7-23-2019]
am.
Medical marijuana dispensary facility.
[Ord. No. 2019-2966, 7-23-2019]
an.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 2019-2966, 7-23-2019]
ao.
Medical marijuana testing facility.
[Ord. No. 2019-2966, 7-23-2019]
ap.
Medical marijuana transportation facility.
[Ord. No. 2019-2966, 7-23-2019]
aq.
Accessory uses customarily incident to any of the above uses.
B. Height And Area Regulations. In District "M-1", the height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected for dwelling purposes exclusively shall comply with front, side, rear yard lot and floor area requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
Front Yards. No front yard is required except that where a portion
of District "M-1" lies within the same block and fronts upon the same
street with a portion of a residential district and no lot within
said District "M-1" is occupied by a building with a front yard of
less depth than required in that portion of a residential district
adjoining, then in such case the front yard requirement of such adjoining
residential district shall likewise be applicable to such portion
of District "M-1".
3.
Side Yards. Same as District "C-1".
4.
Rear Yards. Same as District "C-1".
5.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
[Ord. No. 6.001 § XV Art.
IV, 9-10-1979; Ord. No.
2009-02-23-01 § 4, 2-23-2009]
A. Use Regulations. In District "M-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section
400.210, "Special Use Permit"; Section
400.240, "Non-Conforming Buildings, Structures and Uses"; and Section
400.330, "Board of Zoning Adjustment — Powers and Duties".)
1.
Any use permitted in District "M-1".
2.
Other uses.
a.
Ammonia, bleaching powder, chemical plants.
b.
Assaying works (other than gold or silver).
c.
Blooming or rolling mills.
d.
Breweries or distilleries.
g.
Cotton ginning or baling works.
l.
Foundries (iron, brass, bronze, aluminum).
p.
Manufacturing of such products as: Alcohol; boilers; bronze;
cans; carbon battery; carbon or lamp black; carriage or wagon parts;
celluloid or similar materials; clay; shale and glass products; creosote;
cutlery or tools; disinfectant; insecticides; dyes; electrical machinery;
furniture; glass; iron and steel; locomotives; motorcars; bicycles;
airplanes, nuts; bolts; screws, etc.; oil cloth; linoleum; paint;
Japan lacquer, oil, turpentine, varnish, enamel, etc.; railway cars;
rubber; synthetic rubber; rubber products; shoddy; soap; starch; glucose;
dextrin; tar products; tobacco (chewing); tools; vinegar; wine.
q.
Metal stamping, shearing, punching works, etc.
r.
Oil compounding and barreling plants.
t.
Railroad roundhouses or shops.
w.
Structural iron or pipe works.
ab.
Accessory uses customarily incident to any of the above uses.
B. Height And Area Regulations. In District "M-2", the height of buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of lots and yards shall be as follows: Provided that buildings erected for dwelling purposes exclusively shall comply with front, side, rear yard lot and floor area requirements of Districts "R-1", "R-2" or "R-3", as the case may be. (For exceptions, see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Same as District "M-1".
2.
Front Yards. Same as District "M-1".
3.
Side Yards. Same as District "C-1".
4.
Rear Yards. Same as District "C-1".
5.
Parking Regulations. (See Section
400.280, "Off-Street Parking and Loading".)
[Ord. No. 2004-04-03-01 § 1, 4-3-2004; Ord. No. 2009-02-23-01 § 4, 2-23-2009]
A. General.
1.
Approval. Planned unit developments (PUDs) shall be allowed
after recommendation by the Planning Commission and Board of Aldermen
approval in any zoning district. No such planned unit development
permit shall be granted unless such development will meet the use
limitations of the zoning district in which it is located and meet
the density and other limitations of such districts, except as such
requirements may be lawfully modified as provided by this Code. Compliance
with the regulations of this Code in no way excuses the developer
from the applicable requirements of a subdivision ordinance, except
as modifications thereof are specifically authorized in the approval
of the application for the planned unit development.
2.
Intent. These regulations are to encourage and provide means
for effecting desirable and quality development by permitting greater
flexibility and design freedom than that permitted under the basic
district regulations and to accomplish a well-balanced, aesthetically
satisfying City and economically desirable development of building
sites within a PUD. These regulations are established to permit latitude
in the development of the building site if such development is found
to be in accordance with the purpose, spirit and intent of this Section
and the City of Greenwood's Comprehensive Plan and is found not to
be hazardous, harmful, offensive or otherwise adverse to the environment,
property values or the character of the neighborhood or the health,
safety and welfare of the community. It is intended to permit and
encourage diversification, variation and imagination in the relationship
of uses, structures, open spaces and heights of structures for developments
conceived and implemented as comprehensive and cohesive unified projects.
It is further intended to encourage more rational and economic development
with relationship to public services and to encourage and facilitate
the preservation of open lands.
B. Conditions.
1.
Area. No planned unit development shall have an area less than
that recommended by the Planning Commission and approved by the Board
of Aldermen as adequate for the proposed development.
2.
Uses. A planned unit development which will contain uses not
permitted in the zoning district in which it is to be located will
require a change of zoning district and shall be accompanied by an
application for a zoning amendment, except that any residential use
shall be considered a permitted use in a planned unit development,
which allows residential uses and shall be governed by density, design
and other requirements of the planned unit development Declaration
of Covenants and Restrictions, and other recorded documents. [Ord. No. 2017-2935 § 1, 10-24-2017]
Where a site is situated in more than one (1) use district,
the permitted uses applicable to such property in one (1) district
may be extended into the adjacent use district.
3.
Ownership. The development shall be in single or corporate ownership
at the time of application or the subject of an application filed
jointly by all owners of the property.
4.
Design. The Board of Aldermen, after reviewing the recommendation
of the Planning Commission, shall require such arrangements of structures
and open spaces within the site development plan as necessary to ensure
that adjacent properties will not be adversely affected.
a.
Density. Density of land use shall be determined by approval
of the site development plan.
b.
Arrangement. Where feasible, the least height and density of
buildings and uses shall be arranged around the boundaries of the
development.
c.
Specific Regulations. Lot area, width, yard, height, density
and coverage regulations shall be determined by approval of the site
development plan.
5.
Open Spaces. Preservation, maintenance and ownership of required
open spaces within the development shall be accomplished by either:
a.
Dedication of the land as a public park or parkway system; or
b.
Creating a permanent, open space easement on and over the said
private open spaces to guarantee that the open space remain perpetually
in recreational use with ownership and maintenance being the responsibility
of an owners' association established with articles of association
and bylaws which are satisfactory to the legislative body.
6.
Landscaping. Landscaping, fencing and screening related to the
uses within the site and as a means of integrating the proposed development
into its surroundings shall be planned and presented to the Planning
Commission for its review and recommendation to be presented to the
Board of Aldermen for approval, together with other required plans
for the development. A planting plan showing proposed tree and shrubbery
plantings shall be prepared for the entire site to be developed unless
approved by the Board of Aldermen to be submitted and approved on
a per-plat basis. A grading and drainage plan shall also be submitted
to the Planning Commission with the application.
[Ord. No. 2017-2935 § 1, 10-24-2017]
7.
Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the application and comply with Chapter
430: Signs.
8.
Desirability. The proposed use of the particular location shall
be shown as necessary or desirable to provide a service or facility
that will contribute to the general well-being of the surrounding
area. It shall also be shown that under the circumstances of the particular
case, the proposed use will not be detrimental to the health, safety
or general welfare of persons residing in the vicinity of the planned
unit development.
C. Planning Commission Recommendation And Board Of Aldermen Determination.
1.
Considerations. In carrying out the intent of this Section,
the Board of Aldermen shall consider the following principles:
a.
It is the intent of this Section that site and building plans
for a PUD shall be prepared by a designer or team of designers having
professional competence in urban planning as proposed in the application.
The Planning Commission shall be permitted to require the applicant
to engage such professional expertise as a qualified designer or design
team.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
The Board of Aldermen shall be authorized to approve or disapprove
an application for a PUD, following its review of a recommendation
received from the Planning Commission.
c.
In an approval, the Board of Aldermen shall be permitted to
attach such conditions as it deems necessary to secure compliance
with the purposes set forth in this Chapter. The denial of an application
for a PUD by the Board of Aldermen shall be permitted to be appealed
to the legislative body of the jurisdiction.
D. Required Contributions.
1.
General. The legislative body, as part of the approval of a
PUD, shall be permitted to require an applicant to make reasonable
contributions to include, but not limited to, any combination of the
following:
a.
Dedication of land for public park purposes.
b.
Dedication of land for public school purposes.
c.
Dedication of land for public road right-of-way purposes.
d.
Construction of, or addition to, roads serving the proposed
project when such construction or addition is reasonably related to
the traffic to be generated.
e.
Installation of required traffic safety devices.
f.
Preservation of areas containing significant natural, environmental,
historic, archeological or similar resources.
E. Board Of Aldermen Action.
1.
Approval. The Board of Aldermen, following review of a recommendation
by the Planning Commission, shall have the authority to require that
the following conditions for a planned unit development (among others
it deems appropriate) be met by the applicant:
a.
That the proponents intend to start construction within one
(1) year of either the approval of the project or of any necessary
zoning district change and intend to complete said construction or
approved phases thereof within four (4) years from the date construction
begins.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
That the development is planned as one (1) complex land use
rather than as an aggregation of individual and unrelated buildings
and uses.
2.
Limitations on application.
a.
Upon approval of a PUD, construction shall proceed only in accordance
with the plans and specifications approved by the City Engineer and
in conformity with any conditions attached by the jurisdiction as
to its approval.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Amendment to approved plans and specifications for a PUD shall
be obtained only by following the procedures here outlined for first
approval.
c.
The Director of Planning and Zoning shall not issue any permit
for any proposed building, structure or use within the project unless
such building, structure or use is in accordance with the approved
development plan and with any conditions imposed in conjunction with
its approval and all infrastructure and utilities are complete.
[Ord. No. 2017-2935 § 1, 10-24-2017]
[Ord. No. 2009-07-27-09 § 1, 7-27-2009]
A. Statement Of Intent And Purpose. The "150 PD" District is a planned
district designed to encourage retail development along Missouri 150
Highway. In addition, the "150 PD" District is identified as one (1)
in which the physical character and design plays an important role
in assuring compatibility with the surrounding residential areas.
Review of certain performance standards, specified below, is recognized
as essential for the establishment and maintenance of the character
of the district. Properties zoned "150 PD" are not intended as single-family,
office centers or industrial uses, but as mixed uses that are primarily
retail uses with secondary uses such as individual offices (for example:
real estate office) or loft apartments.
B. Approval. Land may be zoned as District "150 PD" (M-150 Corridor
Planned District) by the Board of Aldermen on its own motion, subject
to proper notification. The owner or an agent of the owner may also
file an application to rezone property. Application shall be submitted
to the Director of Planning and Zoning. The Planning Commission shall
consider each application and make its recommendation to the Board
of Aldermen, which shall then make a determination as to approval,
approval with conditions or disapproval of the request. Property may
be rezoned to District "150 PD"; however, before any development or
platting can occur on the property, a development plan must be approved
on the property by the Board of Aldermen upon recommendation by the
Planning Commission.
[Ord. No. 2017-2935 § 1, 10-24-2017]
1.
Preliminary plan.
a.
The proponents of the "150 PD" District shall prepare and submit
a preliminary development plan to the Planning Commission for its
inspection, review and consideration. The preliminary plan shall be
drawn to scale and shall include the following information, at a minimum:
(1) Boundaries of the property and the development
of property adjacent to the area and within two hundred (200) feet
thereof;
(2) Existing topography with contour intervals not
greater than five (5) feet (unless waived by the Planning Commission);
(3) Proposed size, location and arrangement of buildings
and other structures and any existing easements;
(4) Total floor area, land area, parking spaces, open
spaces and land use intensity;
(6) Parking area with proposed arrangement of stalls
and number of parking stalls;
(7) Entrance and exit driveways and the relationship
the driveways have to the existing and proposed streets;
(9) Any other public ways or public property;
(10) General location of proposed signage;
(11) General extent and character of the proposed landscaping;
(12) Preliminary stormwater collection, detention and
erosion control plans, showing existing facilities;
(13) An analysis of the capacity of the existing sanitary
sewer receiving system;
(14) Proposed control grades to interpret the properties
within two hundred (200) feet, including the location and type of
buildings and structures on the surrounding properties;
(15) A Traffic Impact Analysis may be required by the
Director of Planning and Zoning, Planning Commission or the Board
of Aldermen. Elements which may be considered in the determination
of requiring a Traffic Impact Analysis include, but are not limited
to: (1) developments in the adjacent traffic corridor; (2) areas of
existing high traffic congestion; and (3) proposed development of
a size, i.e., building square footage, number of employees, that a
significant increase in area traffic is expected; and
[Ord. No. 2017-2935 § 1, 10-24-2017]
(16) Any additional information required by the Planning
Commission.
b.
Review Fees. All fees and expenses incurred by the City for
the services of a consulting engineer, land planner or other such
third-party contractor advising the City in connection with the review
of the preliminary plan shall be reimbursed to the City by the proponents,
subject to a fifteen-percent City administrative fee.
[Ord. No. 2017-2935 § 1, 10-24-2017]
c.
The Planning Commission shall advertise and hold a public hearing.
Upon the completion of the public hearing, the Planning Commission
shall submit the preliminary plan to the Board of Aldermen with its
recommendation. Upon approval of the preliminary plan by the Board
of Aldermen, the Director of Planning and Zoning will notify the proponents
to proceed to final plan along with any additional requirements.
[Ord. No. 2017-2935 § 1, 10-24-2017]
2.
Final Plan.
a.
No building permit shall be issued for any construction in this
District "150 PD" until the Board of Aldermen has approved the final
development plan. An application for final development plan approval
shall be submitted to the Director of Planning and Zoning and the
Planning Commission for its review and consideration.
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Fees And Filing. The final plan submitted to the Director of
Planning and Zoning shall be accompanied by a minimum fee of one hundred
dollars ($100.00). In addition, all fees and expenses incurred by
the City for the services of the consulting engineer, land planner
or other such third-party contractor advising the City in connection
with the review of the final plat shall be reimbursed to the City
by the applicant, subject to a fifteen-percent City administrative
fee.
[Ord. No. 2017-2935 § 1, 10-24-2017]
c.
The final development plan shall be drawn to scale and shall
include the following information, at a minimum:
[Ord. No. 2017-2935 § 1, 10-24-2017]
(1) Finished grades or contours for entire site at
not less than two-foot contour intervals;
(2) All adjacent public street right-of-way, existing
and proposed, with centerline location;
(3) All adjacent public street and private drive locations,
widths, curb cuts and radii (existing and proposed);
(4) Location, width and limits of all existing and
proposed sidewalks;
(5) Location, size and radii of all existing and proposed
median breaks and turning lanes;
(6) Distance between all buildings, between buildings
and property lines and between all parking areas and property lines;
(7) Location of all required building and parking lot
setbacks;
(8) Location, dimensions, number of stories and area
in square feet of proposed buildings;
(9) Area of land on site plan in square feet or acres;
(10) Limits, location, size and material to be used
in all proposed retaining walls;
(11) Location and dimension of all driveways, parking
lots, parking stalls, aisles, loading and service areas and docks;
(12) Location, height, candle power, direction of lighting
and type of outside lighting fixtures for buildings and parking lots;
(13) Location, size, type of material and message of
all proposed signage;
(14) Pertinent peripheral information, to include adjacent
developments, alignment and location of public and private driveways
and streets, medians, public and semi-public easements;
(15) Final stormwater collection, detention and erosion
control plans;
(16) Final analysis of the capacity of the existing
sanitary sewer receiving system;
(17) Building elevations of all sides of proposed buildings,
including notation indicating building material to be used on exterior
walls and roofs;
(18) Location, size and materials to be used in all
screening of rooftop mechanical equipment;
(19) Landscape plan calling out size, species, location
and number of all proposed landscape material;
(20) Notation of all area to be seeded or sodded;
(21) Location, size and materials to be used for all
screening and/or outside trash enclosure areas; and
(22) Any additional information required by the Planning
Commission.
d.
The following additional information shall be submitted with
the final development plan application:
(1) Deeds of dedication for all rights-of-way or easements
required as a result of preliminary development plan approval if conveyance
thereof is not to be made by plat;
(2) A copy of all covenants and restrictions applicable
to the development if required by the terms of the approved preliminary
development plan;
(3) Evidence of the establishment of the agency for
the ownership and maintenance of any common open space and all assurances
of the financial and administrative ability of such agency required
pursuant to approval of the preliminary development plan, if required
by the terms of the approved preliminary development plan; and
(4) Evidence of satisfaction of any stipulations or
conditions of the preliminary development plan approval which were
conditions precedent to consideration of the final development plan.
(5) Complete title report dated within sixty (60) days
of the final plan submission date.
e.
The Planning Commission shall advertise and hold a public hearing.
Upon the completion of the public hearing, the Planning Commission
shall submit the final development plan to the Board of Aldermen with
its recommendation.
f.
If the final development plan fails to conform to the intent of the preliminary plan, the final development plan may be submitted to the Planning Commission as an amended preliminary plan, provided it contains, at a minimum, the information required of a preliminary development plan (see Section
400.186(B)(1)). In addition, the procedure for considering the amended preliminary plan shall follow the same as for the original preliminary plan.
(1) For purposes of this Section, the final development
plan fails to conform to the "intent" of the preliminary plan if any
one (1) or more of the following occurs:
(a) Increases in the floor area of each building or
buildings presented in the preliminary development plan by more than
ten percent (10%) or decreases in the floor area of any building by
equal to or greater than fifty percent (50%).
(b) Increases in lot coverage by more than five percent
(5%).
(c) Increases in the height of any building by more
than twenty percent (20%).
(d) Changes of architectural style which will make
the project less compatible with surrounding uses.
(e) Changes in ownership patterns or stages of construction
that will lead to a different development concept.
(f) Changes in ownership patterns or stages of construction
that will impose substantially greater traffic loads on streets and
other public facilities.
(g) Decreases of any peripheral setback of more than
five percent (5%).
(h) Decreases of areas devoted to open space of more
than five percent (5%) or the substantial relocation of such areas.
(i) Changes of traffic circulation patterns that will
affect traffic outside of the project boundaries.
(j) Modification or removal of conditions or stipulations
to the preliminary development plan approval.
(2) The determination of whether a proposed final development
plan conforms to the "intent" of the preliminary plan shall be made
by the Director of Planning and Zoning. The Director's determination
may be appealed to the Board of Aldermen.
[Ord. No. 2017-2935 § 1, 10-24-2017]
g.
A final development plan, prepared for each succeeding stage,
shall also be approved by the Board of Aldermen upon a recommendation
by the Planning Commission.
h.
Within ten (10) days of approval of a final development plan,
the applicant or its agent shall prepare and submit a schedule of
construction to the Director of Planning and Zoning. Construction
shall begin within a period of one (1) year following approval of
the final development plan by the Board of Aldermen. Failure to begin
the construction as scheduled shall void the final development plan
as approved, unless a request for an extension of time is made to
the Board of Aldermen and approved.
[Ord. No. 2017-2935 § 1, 10-24-2017]
i.
After the final development plan has been approved, and when,
in the course of carrying out this plan, adjustments or rearrangements
of buildings, parking areas, entrances, heights, open spaces, landscaping,
or lighting are requested by the proponents, and such requests conform
to the standards established by the approved final development plan
for the area to be covered by buildings, parking spaces, entrances,
height, setback and other requirements, such adjustments may be approved
by the Board of Aldermen upon application and after receiving the
recommendations of the Planning Commission.
C. Use Regulations. In District "150 PD", no building, structure or
premises shall be used, and no building shall be hereafter erected,
constructed, reconstructed, moved or altered, except for one (1) or
more of the following uses:
1.
Permitted Uses.
e.
Cleaning, pressing and dyeing establishments, employment not
more than five (5) persons on the premises, provided that only non-explosive
cleaning fluids shall be used.
l.
Second floor loft residential units.
m.
Specialty retail, i.e., gifts, collectables, antiques, cards,
etc.
n.
Stores, shops and markets for retail trade, provided that all
operations, displays and storage be carried on within an enclosed
building.
[Ord. No. 2017-2935 § 1, 10-24-2017]
o.
Any other retail business as approved by the Planning Commission
and Board of Aldermen.
2.
Accessory Uses.
a.
Accessory uses customarily incident to any of the above uses
provided that one (1) sign only, showing the name of each place of
business and the commodities or services offered there, will be permitted
in District "150 PD".
[Ord. No. 2017-2935 § 1, 10-24-2017]
b.
Such sign or structure shall be of permanent construction and
the design shall be submitted as a part of the final development plan.
D. Building Material Regulations.
1.
Each exterior wall facing "M-150" shall be constructed with
a minimum of seventy percent (70%) of the surface area covered with
the following materials:
a.
Masonry. Masonry construction shall include all masonry construction
which is composed of solid, cavity, faced or veneered-wall construction
or similar materials.
b.
Stone material used for masonry construction may consist of
granite, sandstone, slate, limestone, marble or other hard and durable
all-weather stone. Ashlar, cut stone and dimensioned stone construction
techniques are acceptable.
c.
Brick material used for masonry construction shall be composed
of hard fired (kiln fired) all-weathered common brick.
d.
Stucco or approved gypsum concrete/plaster materials.
e.
Glass Walls. Glass walls shall include glass curtain walls or
glass block construction. A "glass curtain wall" shall be defined
as an exterior wall which carries no floor or roof loads and which
may consist of a combination of metal, glass, and other surfacing
material supported in a metal framework.
f.
Wood. (Plywood paneling shall be prohibited.)
g.
Any other material not specifically excluded, provided the material
is approved by the Board of Aldermen.
2.
Each exterior wall facing a public street (other than "M-150")
shall consist of no less than fifty percent (50%) coverage of building
materials noted in Subparagraph (1) above.
3.
All remaining exterior walls shall be constructed of materials
in Subparagraph (1) above or metal panels with a depth of no less
than one (1) inch and a thickness of U.S. Standard 26 gauge or more.
4.
Prohibited Materials On All Exterior Walls.
a.
Concrete finish or precast concrete panel (tilt wall) that is
not exposed aggregate hammered or sandblasted.
b.
Metal panels with a depth of less than one (1) inch or a thickness
less than U.S. Standard 26 gauge.
c.
Plywood or masonite panels.
5.
Exposed front and street sidewall facades, excluding windows,
doors or overhead doors, consisting of a single undifferentiated plane
with a single texture or color shall be prohibited.
6.
Not less than fifteen percent (15%) of the area of each front
exterior facade and street sidewall where a building is located on
a corner lot, excluding windows, doors or overhead doors, shall be
recessed, projected or alternately staggered from the primary plane
of the wall. For purposes of this Section, fascias shall not be counted
as a projection from the primary plane.
7.
Roof-mounted equipment, excluding satellite dishes, shall be
screened from view (one hundred percent (100%) opacity) or isolated
so that it is not visible from ground level of any adjacent applicable
public thoroughfare, up to a maximum of three hundred (300) feet away,
and no more than three (3) feet of equipment shall be visible from
other adjoining property. The appearance of roof screen shall be coordinated
with the building to maintain a unified appearance.
8.
Electrical and mechanical equipment in excess of three (3) feet
in height and visible from any adjacent public thoroughfare or a residentially
zoned area shall be screened from view (100% opacity), up to a maximum
of three hundred (300) feet away. Such screens and enclosures shall
be treated as integral elements of the buildings appearance.
9.
Mirrored glass with a reflectance greater than forty percent
(40%) shall not be permitted on more than twenty percent (20%) of
the exterior wall of any building.
E. Height And Area Regulations. In a District "150 PD", the height for buildings hereafter erected, constructed, reconstructed, moved or altered and the minimum dimensions of open spaces shall be as follows: (For exceptions see Section
400.220, "Setback Regulations" and Section
400.260, "Height and Area Exceptions".)
1.
Height. Buildings or structures shall not exceed thirty-five
(35) feet and shall not exceed two and one-half (2 1/2) stories in
height.
2.
There shall be a setback from any street of at least thirty
(30) feet for any building and ten (10) feet for any parking lot.
Along any other property line within or adjoining a zoned business
district, there shall be a setback for any building, structure or
parking lot of at least ten (10) feet.
3.
District "150 PD" shall be permanently screened from such abutting
or adjoining properties zoned for dwelling house use by wall, fence
or other suitable enclosure at least six (6) feet in height. The area
adjacent to such wall or fence shall be planted with trees and shrubs
to form an ornamental screen, and trees and shrubs shall be properly
and adequately maintained by the developer.
4.
The Planning Commission may recommend to the Board of Aldermen
a reduction in the above required setbacks where the situation will
reasonably warrant such reductions.
F. Parking And Loading Regulations.
1.
In any District "150 PD", there shall be provided accessible
off-street parking at the rate of one (1) parking space for each five
hundred (500) square feet of gross floor area in the building, exclusive
of basement storage areas.
2.
Such parking space shall be on the same lot with the main building,
or within seven hundred fifty (750) feet of the main building (as
measured from the front door), on land zoned for retail or commercial
business.
3.
Each required off-street parking space shall be at least ten
(10) feet in width and at least twenty (20) feet in length, exclusive
of access drives, aisles, ramps or columns.
4.
When determining the required number of off-street parking spaces,
fractional spaces shall be considered as follows:
a.
Any fraction of one-half (1/2) or less may be disregarded, and
b.
Any fraction in excess of one-half (1/2) shall be counted as
one (1) parking space.
5.
All open parking areas shall be surfaced with a permanent dust-free
surface. Ingress and egress shall be by means of paved driveways at
points of connection with public streets.
6.
Ample off-street space for standing, loading and unloading of supplies shall be provided within the development in accordance with requirements under Section
400.280, "Off-Street Parking and Loading Regulations".
7.
The Planning Commission may recommend to the Board of Aldermen
a reduction in the above required parking spaces where the situation
will reasonably warrant such reductions.
G. Landscaping Requirements. The Board of Aldermen upon recommendation
by the Planning Commission shall approve the landscaping plan on a
case-by-case basis. At a minimum, every development shall include
the following landscaping requirements. The Planning Commission may
recommend to the Board of Aldermen a modification to the landscape
requirements where the situation will reasonably warrant such modification.
1.
General Requirements.
a.
All land areas which are to be unpaved or not covered by buildings
shall be brought to finished grade and planted with turf or native
grass or other appropriate ground cover. In addition to the minimum
number of trees required to be planted by this Section, an appropriate
number or amount of shrubs, ground cover and/or turf area plantings
shall be included within each project, to be determined by the design
criteria for the project relating to visual safety, species and landscape
function.
b.
All service areas, trash enclosures and outdoor storage areas
shall be screened with plantings or landscaped berm(s).
c.
No tree shall be planted within three (3) feet from any paved
surface and no shrub shall be planted in the right-of-way within three
(3) feet from any paved surface.
2.
Perimeter Parking Lot. Unless otherwise required by the Planning
Commission or other provisions of this Chapter, a perimeter parking
lot landscaping shall be provided according to the following schedule
as a minimum for each one hundred (100) linear feet of perimeter width
or portion thereof of parking area:
a.
Eight (8) evergreen trees.
d.
The above landscaping materials may be deviated from provided
an alternative list of materials is approved by the Planning Commission
which achieves comparable screening and buffering.
e.
A one (1) to one (1) credit shall be given for each tree preserved
within the parking lot setback, which meets or exceeds the minimum
size requirements, subject to the approval of an alternate plan as
outlined above.
f.
Any portion of a parking lot abutting or adjoining a zoned Dwelling House District shall conform to the requirements of Section
400.160.
3.
Street Frontage. One (1) tree is required for each fifty (50) feet of street frontage or portion thereof. Said trees shall be planted within the landscape setback abutting said street frontage. Trees may be clustered or arranged within the setback and need not be placed evenly at fifty-foot intervals. See Section
400.285(E) for the types of trees allowable within the landscape right-of-way setback.
4.
Remainder Of Site. One (1) tree for every three thousand (3,000) square feet of landscaped open space and one (1) tree for each twenty (20) cars of parking area planted in the parking area and not at the perimeter (see regulations for perimeter parking lot above). For planting requirements within parking and vehicular use areas, see Section
400.285(F)(2). Any loading area adjacent to a residential area shall be buffered with landscape materials in conjunction with earthen berms.
7.
Landscaping In Place Prior To Occupancy Permit. See Section
400.285(G).
H. Lighting. The Planning Commission shall approve the lighting plan on a case-by-case basis. At a minimum, every development shall conform to the lighting requirements of Section
410.190. The Planning Commission shall have discretion in requiring additional lighting. The Planning Commission may recommend to the Board of Aldermen a reduction in the lighting requirements where the situation will reasonably warrant such reduction.
I. Signage. The Planning Commission shall approve the signage plan on a case-by-case basis. At a minimum, every development shall conform to the requirements of Chapter
430: Signs and more specifically the requirements for District "C-2". The Planning Commission shall have discretion in approving a signage plan that has less signage than is allowed under Chapter
430. The Planning Commission may recommend to the Board of Aldermen a plan that includes more signage than is allowed under Chapter
430 where the situation will reasonably warrant such request.