This ordinance shall be known and may be cited as the “Zoning Ordinance of the City of Garden City, Missouri.”
(Ordinance 2002-518 adopted 3/5/02)
(ORDINANCE 2002-518)
Editor’s note–References herein to the “City Council” or “Council” have been changed to the “Board of Aldermen” without notation throughout the zoning ordinance. References herein to the “planning commission,” “zoning commission,” “zoning and planning commission,” “planning and zoning commission” and “commission” when referring to the abovementioned terms have been changed to the planning and zoning board without notation.
Prior to the adoption of Ordinance 2002-518, zoning was regulated by Ordinance 351 adopted 10/17/78 as amended by Ordinance 83-364 adopted 3/28/83; Ordinance 95-351 adopted 9/5/95; and Ordinance 2007-578 adopted 7/3/07.
AN ORDINANCE ADOPTING A ZONING ORDINANCE FOR THE CITY OF GARDEN CITY, MISSOURI, RELATING TO THE REGULATING AND RESTRICTING OF THE USES OF LAND, THE USE AND LOCATION OF BUILDINGS AND STRUCTURES, REGULATING AND RESTRICTING THE HEIGHT OF BUILDINGS AND STRUCTURES, AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES IN CONNECTION WITH BUILDINGS HEREAFTER ERECTED OR ALTERED, DIVIDING THE CITY OF GARDEN CITY INTO DISTRICTS, AND FOR SUCH PURPOSES ESTABLISHING A BOARD OF ZONING AND ADJUSTMENT, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE ORDINANCE.
BE IT ORDAINED by the Board of Aldermen of the CITY OF GARDEN CITY, MISSOURI, as follows:
For the purposes of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, repair, or use of buildings and the location of buildings designed for specific uses, and regulating and limiting the height of buildings hereafter erected or altered, and regulating and determining the area of yards or courts, and other open spaces in connection with buildings hereafter erected or altered, the incorporated territory of the City of Garden City, Missouri, is hereby divided into the following districts, as follows:
District A | Agriculture District |
District R-1 | First Dwelling House District |
District R-2 | Second Dwelling House District |
District R-3 | Apartment House District |
District R-3A | Garden Apartment District |
District R-4 | Manufactured Home District |
District C-O | Non-Retail Business District |
District C-B | Controlled Business District |
District C-1 | General Business District |
District C-2 | Central Business District |
District C-P | Planned Business District |
District M-1 | Light Industrial District |
District M-2 | Heavy Industrial District |
(Ordinance 2002-518 adopted 3/5/02)
1.
Boundaries of the districts as enumerated in Section II of this ordinance are hereby established as shown on the maps on file in the office of the City Clerk, which maps are hereby designed [designated] as the “zoning district maps,” and said maps and all notations, references, and information shown thereon are made as much a part of this ordinance as if the same were set forth in full herein, and said maps shall be updated within a reasonable time to conform to this ordinance upon adoption. It shall be the duty of the City Clerk to keep on file at City Hall authentic copies of said maps and all changes, amendments or additions thereto.
2.
When definite distances in feet are not shown on the zoning district maps, the district boundaries are intended to be along existing street, alley or platted lot lines or extensions of the same; and if the exact location of such lines is not clear, it shall be determined by the planning and zoning board, due consideration being given to location, as indicated by the scale of the zoning district maps.
3.
When streets or alleys on the ground differ from the streets or alleys as shown on the zoning district maps, the planning and zoning board may apply the district designations on the maps to the street or alley on the ground in such manner as to conform to the intent and purpose of this ordinance.
4.
Whenever any street or alley is vacated, the particular district to which such street or alley is adjacent shall automatically be extended to the centerline of any such street or alley.
(Ordinance 2002-518 adopted 3/5/02)
For the purpose of this ordinance, words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word “building” includes the work “structure”; the word “shall” or the word “must” is mandatory and not directive; the term “used for” includes the meaning “designed for” or “intended for.” The following words and terms, as used herein, are defined to mean the following:
A subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Any addition, removal, extension, or change in the location of any exterior surface of a main building or accessory building.
A room or a suite of rooms within an apartment house or two-family dwelling arranged, intended, or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
An apartment house that furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
A building arranged, intended, or designed for more than two families.
A story below the first story, as defined under “Story,” counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
A piece of parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the zoning authority shall determine the outline of the block.
Board of zoning adjustment.
A building other than a hotel occupied as a single housekeeping unit where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not the public or transients.
A structure for the purpose of housing or enclosing of persons, animals, or chattels.
The line between the street line or lot line not building or other structure or portion thereof, [sic] except as provided in the ordinance code, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.
A building(s) primarily used for public religious worship and associated religious function (education, fellowship, etc.), including synagogues and temples.
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri Department of Health and senior Services to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provide for in Section 2, Article XIV of the Missouri State Constitution to qualifying patient or primary caregiver, as those terms are defined in Section 1, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitation of said Article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for it marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate sales tax for each sale, as forth in said Article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
Is an unoccupied open space other than a yard on the same lot with a building which is bounded on two or more sides by the walls of such building.
A street having one end open to traffic and being permanently terminated by a vehicle turnaround.
The mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street where the mean curb level is the highest.
A child-care facility, as defined by Section 210.201 RSMo. That is licensed by the State of Missouri.
A building or portion thereof designed exclusively for residential occupancy, including one-family and multiple dwellings, boardinghouses, and lodginghouses, apartment houses, and apartment hotels, but not hotels, house trailers, or mobile homes.
A building or portion thereof designed, arranged, intended, or designed for occupancy by three or more families living independently of each other, including apartment houses, row houses, tenements, and apartment hotels.
A detached building arranged, intended, or designed for occupancy by one family.
A building arranged, intended, or designed for occupancy by two families.
One or more persons who are related by blood or marriage, including not more than two lodgers or boarders, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than four (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis.
A building or portion thereof, other than a public, private, or storage garage providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of a block.
An accessory building for storage of passenger motor vehicles or other privately owned equipment, not for business.
A building or portion thereof, except those defined as a private, public, or a community garage providing storage for motor vehicles, with facilities for washing but no other services.
A building project consisting of three or more buildings of uniform appearance, with at least two units per building, to be constructed on a plot of ground which is not subdivided into customary streets or lots and which is under single ownership or unified control.
A building project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots.
The vertical distance measured from the highest of the following three levels:
From the street curb level.
From the established or mean street grade in case the curb has not been constructed.
From the average finished ground level adjoining the building where it sits back from the street line.
To: | |
A. | The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot. |
B. | To the level of the top of the highest ridge for other roofs. |
A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and [in] which there are more than 12 sleeping rooms, and no provision for cooking in individual rooms.
Any structure used for sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which have been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place.
A tract of land intended as a unit of transfer of ownership or development.
A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the zoning authority.
The mean horizontal distance from the front line to the rear line.
An interior lot having frontage on two streets.
A lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in office of Recorder of Deeds of Cass County on or before date of adoption of this ordinance and conforming with previous zoning ordinances of the City of Garden City.
A lot whose sides do not abut upon any street.
The lines bounding a lot as defined herein.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distant from the front street line, except that in the case of uncertainty the zoning authority shall determine the rear line.
Any lot boundary not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or side street line.
The mean horizontal distance between side lines measured at right angles to the depth of the lot.
A factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on-site, contains three hundred twenty or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
A subdivision of land devoted exclusively to occupancy by manufactured homes in which the individual lots are sold off to the manufactured home owner.
Any plot of ground upon which two or more mobile homes and/or manufactured homes and/or modular homes occupied as a dwelling and residence are located, regardless of whether or not a charge is made for such accommodations. A manufactured home park has a system of utilities, including water supply, sanitary sewers, power, and telephone.
A medical marijuana facility or a comprehensive facility as that term is defined by Section 2, Article XIV of the Missouri State Constitution.
A facility licensed by the State of Missouri Department of Health and Senior Services as a microbusiness dispensary facility or microbusiness wholesale facility.
Cannabis Indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the marijuana plant and marijuana-infused products. Marijuana does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
A facility certified by the State of Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana, including those originally licenses as a medical marijuana testing facility.
Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.
The comprehensive plan made and adopted by the board of aldermen and planning and zoning board indicating the general locations recommended for the major thoroughfares, streets, parks, public buildings, zoning districts, and other public improvements, population, and building intensity standards and restrictions and the application of same; public facilities of all types whether publicly or privately owned which relate to the transportation of persons or good[s], public improvements programming based upon a determination of relative urgency; the major sources and expenditure of public revenue including long-range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private; utilization and conservation of natural resources, and any other element deemed necessary to the proper development or redevelopment of the area.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or a medical marijuana infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on site or off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana to a Qualifying Patient, a Primary Caregiver, anywhere on the licensed property or any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal position of marijuana, another licensed dispensary facility, a licensed Testing Facility, a medical marijuana cultivation facility, or a licensed Manufacturing Facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the productions and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package store on site or off site, manufacture, transport to or from, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Marijuana Testing Facility, a Medical Marijuana Cultivation Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, process, package, store on site and off site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provide for in this section to a consumer, qualifying patient, as that term is used in Section 1 of Article XIV of the Missouri State Constitution, or primary caregiver, as defined in said Section 1, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of said Article and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility, microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or vial the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
A facility licensed by the State of Missouri Department of Health and Senior Services to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to 250 flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.
Means a factory-fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.
A motorist’s hotel having the following characteristics: (a) complete furnishings and bath facilities in each unit; (b) available service as normally provided by hotels; (c) no cooking facilities in transients’ units; (d) at least one parking space provided in adjacent private roadways or courts for each guest room with either direct or convenient access from parking space to guest room. The provision for restaurant facilities appurtenant to motels is optional.
A use, building, or yard which does not, by reason or [of] design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to the passage of this ordinance and an illegal nonconforming use if established after the passage of this ordinance and not otherwise approved as provided herein.
Board also known as the planning and zoning commission established by separate ordinance for the purpose of promulgating orderly planning and zoning of the City of Garden City.[1]
A consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.
A Missouri resident diagnosed with at least one qualifying medical Condition.
A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than three hundred twenty square feet, including built-in equipment (such as wardrobes, closets, kitchen units or fixtures, and bath and toilet rooms).
Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
An accessory building for the keeping of ponies, horses, or mules owned by occupants of the premises and not kept for remuneration, hire, or sale.
A stable other than a private or riding stable as defined herein.
A structure in which horses or ponies used exclusively for pleasure riding or driving are housed, boarded, or kept for hire, including riding tack.
That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the next highest floor thereof. A top-story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in “Height of buildings” in this section.
A thoroughfare which affords principal means of access to property abutting thereon. A street includes the public right-of-way as distinct from the roadway, which includes only the traffic surface.
The dividing line between the street and the abutting property.
Any alteration or addition to the supporting members of a building, such as bearing walls, columns, beam[s], or girders.
Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including, but not limited to advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
Any school, day nursery, or church with a written building permit from the city to be constructed, or under construction, or completed and in use at the time the Marijuana Dispensary first applies for either zoning or a building permit, whichever comes first.
A modification or variation of the provisions of this ordinance, as applied to a specific piece of property, as distinct from rezoning.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the last [least] horizontal distance between the lot line and the main building shall be used.
A yard across the full width of the lot extending from the front lines of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the main building and the side lot lines.
A yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof.
Editor’s note–The definition of “zoning commission” was changed to be consistent with the city’s current terminology for this commission. |
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 1, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
[1]
Editor’s note–The definition of “zoning commission” was changed to be consistent with the city’s current terminology for this board.
Except as hereinafter provided:
1.
No building or structure shall be erected, constructed, reconstructed, moved, or altered; nor shall any building, structure, or land be used for any purpose other than is permitted in the district in which such building, structure, or land is situated.
2.
No building or structure shall be erected, constructed, reconstructed, moved, or altered to exceed the height or area limit herein established for the district in which such building or structure is situated.
3.
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this order; nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.
4.
Architectural plans and specifications for any improvements, except improvements in an R-1 district, shall be submitted for review and approval by the planning and zoning board and recommended to the 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 the applicable section of this ordinance. 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.
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
In district A, no building, structure, land, or premises shall be used, and no other building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses: (for exceptions, see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Agricultural, horticultural, nurseries, greenhouses, orchards, and general farming, including the raising of horses and cattle.
B.
Riding stables, riding tracts or polo fields, provided the stables shall be located not less than 100 feet from any property line.
C.
Dairies, together with creameries, cheese factories, milk bottling or condensories and similar enterprises which are incidental to the daily operations.
D.
Kennels, provided the buildings and pens shall be located no less than 200 feet from any property line.
E.
Accessory uses, including repair shops, sheds, garages, barns, silos, incidental dwellings, buildings and structures commonly required for any use of the above uses; roadside stands of not over 200 square feet in area offering for sale only products which are produced on the premises. Display of one unilluminated sign not larger than 20 square feet in area, pertaining to the sale, lease, or identification of the premises upon which it is located, or to the sale of the products raised thereon.
2.
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 XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 35 feet and shall not exceed 2-1/2 stories in height except accessory agricultural equipment and structures of a fireproof nature.
B.
Front yards:
There shall be a front yard minimum depth of which shall be at least 30 feet.
C.
Side yards:
There shall be a side yard on each side of a building not less than 15 feet.
D.
Rear yards:
There shall be a rear yard a minimum depth of which shall be at least 30 feet.
E.
Lot area per family:
Every dwelling shall provide a lot area of not less than ten acres per family, provided that where a lot has less than herein provided in separate ownership at the time of the passage of the ordinance, this regulation shall not prohibit the erection of a single-family dwelling.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 2, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
1.
Permitted uses.
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 or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Dwellings, one-family.
B.
Accessory uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business.
(1)
The term “accessory use” shall include customary home occupation, such as the office of a physician, dentist, surgeon, lawyer, dressmaker, beauty operator, real estate salesman, musician, or artist, under the following restrictions:
(a)
That such uses are located in the dwelling used by that person as his or 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 may be provided either in side yards or rear yards behind the front building line.
(b)
That not more than one assistant, other than a member of the immediate family, is employed; and no window display or sign, either illuminated or more than two square feet in area is used to advertise the same.
(c)
That 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.
(2)
A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an unilluminated “For Sale” or “For Rent” sign not more than eight square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities, and services therein provided; and that during construction of a building one unilluminated sign showing the name(s) of the contractor(s) and/or architect(s) for such buildings shall be permitted, provided that such sign shall not be more than eight square feet in area and shall not be set more than five feet in front of the established or customary building line, and such sign shall be removed immediately upon completion of the building.
(3)
There shall be permitted one detached garage with not more than one car to each 2,500 square feet of lot areas, provided that such garage shall be located not less than 60 feet from the front line, or in shallower lots, back two-thirds the depth of the lot; but in no case shall a garage be located closer to the front than the building line of buildings on that street.
A garage or accessory building may be built on the lot line on the rear one-third of the lot provided that the rear lot line has an alley or utility easement.
A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building.
Inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises.
(4)
A private stable will be allowed on a lot having an area of more than 40,000 square feet, provided that it is located not less than 100 feet from the front lot line nor less than 30 feet from any side or rear lot line. On such lots, there shall not be kept more than two horses, ponies, or mules for each 40,000 square feet of lot area; provided, however, that where any such stable exists and/or 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.
(5)
Temporary real estate sales offices, located on property being sold, and limited to period of sale but not exceeding two years without special permit from the board.
(6)
Pools having a depth of two feet or more, provided the following conditions are met:
(a)
Located behind the front building line and not less than ten feet from any rear or side line, and in the case of corner lots not less than 15 feet from a side street line and at least 20 feet from principal building on an adjoining lot.
(b)
If located in the side yard, it shall not be less than 60 feet from the front line, and not less than 15 feet from the side line.
(c)
The area in which the pool is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure at least six feet in height. Must include locking device at least 60 inches above the ground.
(d)
Adequate pool drainage facilities shall be provided, for which the plans and specifications shall be approved by the planning and zoning board.
C.
The following uses shall be permitted subject to review and approval by the planning and zoning board and the board of aldermen of the City of Garden City:
(1)
Churches
(2)
Private schools with curricular [curriculum] 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.
(3)
Golf courses, not including golf course clubhouses, miniature golf courses, driving ranges, (golf course clubhouses are subject to the conditions in Section _____).
(4)
The use of buildings or premises for such public utility services is [as] authorized by the public service commission or by permit of the board of aldermen, and excluded from the jurisdiction of the planning and zoning board under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped, and in keeping with the appearance of the neighborhood.
2.
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 XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 35 feet and shall not exceed 2-1/2 stories in height.
B.
Front yards:
There shall be a front yard, the minimum depth of which shall be at least 25 feet.
C.
Side yards:
On single-family dwellings, there shall be a side yard on each side of a building not less than ten percent of the width of the lot. Such side yard shall not be less than 7-1/2 feet and need not be more than ten feet.
(1)
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 15 feet.
(2)
Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street, may project not more than five 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 the ordinance to less than 28 feet; and conforming with the previous zoning ordinance of the City of Garden City, and provided that the side yard regulations above shall be observed.
D.
Rear yards:
There shall be a rear yard, the minimum depth of which shall be at least 25 feet. When residence is located on the lot at an angle, rear yard dimension shall be taken at each end of building parallel to the sides and perpendicular measurement taken from the rear of the building to the furthest point of the lot. The average of these measurements shall equal at least 25 feet.
E.
Width of lot:
The mean width of a lot shall be not less than 70 feet and shall have a width of not less than 65 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 the City of Garden City at the time of the passage of this ordinance.
This regulation will not prohibit the erection of a one-family dwelling, but further provided that where no public or community sewer is available and in use for the disposal of all sanitary sewage from the premises, each minimum lot width shall not be less than 75 feet and shall have a lot area of not less than 15,000 square feet.
F.
Lot area per family:
Every dwelling hereafter erected or altered shall provide a lot area of not less than 8,400 square feet, provided that where a lot has less area than herein required in separate ownership and conforming with previous zoning ordinances of the City of Garden City at the time of the passage of this ordinance, this regulation shall not prohibit the erection of a one-family dwelling. All dwellings must be connected to the sanitary sewers of the city.
G.
Floor area:
Every dwelling unit shall have a floor area, exclusive of basements, open or screen porches and garages, of not less than 750 square feet.
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
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 or more of the following uses: (For exceptions, see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” [and] Section XXXII, “Powers and Duties of the Board.”)
2.
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 minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Same as In district R-1.
B.
Front yards:
Same as in district R-1.
C.
Side yards:
On two-family dwellings there shall be a side yard on each side of a building of not less than ten percent of the width of the lot. Such side yard shall not be less than ten feet. In district R-2 regulations for corner lots shall be the same as for district R-1.
D.
Rear yards:
Same as in district R-1.
E.
Width of lot:
Same as in district R-1.
F.
Lot area per family:
Every dwelling shall provide a lot of not less than 8,400 square feet per family for single-family dwellings, or less than 12,000 square feet 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 the City of Garden City at the time of the passage of the ordinance, this regulation shall not prohibit the erection of a one-family dwelling; but further provided that, 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 not less than 15,000 square feet as required by Missouri Clean Water Commission.
G.
Floor area:
Same as district R-1 for single-family dwellings and a minimum of 1,500 square feet for two-family dwellings.
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
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 or more of the following uses: (For exceptions, see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Any use permitted in district R-1 and R-2.
B.
Apartment houses and multiple dwellings (public sewers must be available).
C.
Boardinghouses and lodginghouses.
D.
Day nurseries.
E.
Private clubs or fraternal orders, except those whose chief activity is carried on as a business.
F.
Philanthropic or eleemosynary institutions, other than penal or corrective institutions.
G.
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.
2.
Height and area regulations.
In district R-3, the height of the buildings hereafter erected, constructed, reconstructed, altered, or moved, 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 XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 45 feet and shall not exceed three stories in height.
B.
Front yards:
Same as district R-1.
C.
Side yards:
Same as district R-2, including regulations for corner lots.
D.
Rear yards:
There shall be a rear yard, the minimum depth of which shall be at least 30 feet.
E.
Width of lot:
Same as district R-1.
F.
Lot area per family:
Every building of four-family dwelling units shall provide a minimum lot area of not less than 2,000 square feet per family unit. For one-, two-, three-, and four-family dwelling units there shall be a minimum lot area of 9,000 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 Missouri Clean Water Commission.
G.
Floor area:
Every dwelling unit shall have a floor area exclusive of basements, open or screened porches, of not less than 750 square feet.
I.
Play or park space:
Suitable park or play 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:
(1)
One thousand square feet for the first four family units;
(2)
Plus 60 square feet per unit for the next eight family units;
(3)
Plus 30 square feet per unit for all units over 12.
LAND TOTAL PER UNIT PLUS PARKING, PLUS RECREATIONAL PARK OR PLAY AREA | ||||
|---|---|---|---|---|
First 4 families: | 2,000 x 4 | = | 8,000 sq. ft. | |
Park area | 1,000 in event of only 4 | |||
Parking area | 4 x 200 | = | 800 | |
9,800 sq. ft. | ||||
Next 8 units | 2,000 sq. ft. land | |||
60 sq. ft. park or play | ||||
200 sq. ft. parking | ||||
2,260 sq. ft. per units 5 thru 12 | ||||
All over 12 units | 2,000 sq. ft. for land | |||
30 sq. ft. park or play | ||||
200 sq. ft. parking | ||||
2,230 sq. ft. per unit 13 and up | ||||
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
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 or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Garden apartment project.
2.
Height and area regulations.
In district R-3A the heights of the buildings hereafter erected, constructed, reconstructed, and moved or altered, the minimum dimensions of lots and yards and the minimum lot per family permitted on any lot area shall be as follows: (For exceptions see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 35 feet and shall not exceed 2-1/2 stories in height above ground level.
B.
Open space
(1)
No portion of a building or structure shall be located closer than 20 feet to a side or rear property line, except garages, which may be located within five feet of a property line which is the rear line of an abutting lot or lots.
(2)
No portion of a building shall be located closer than 25 feet to a street line.
(3)
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 as follows:
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 100 feet of said adjacent district. No parking area shall be placed in such required front yard.
Side and rear yards: Where district R-3A abuts a use district which has 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.
(4)
No part of an off-street parking area, including stall and access driveway, shall be located closer than five feet to a property or street line.
(5)
No two buildings or opposite portions of a building around a court shall have a closer relationship than the following:
(a)
Back to back, 40 feet.
(b)
Front to front, 50 feet.
(c)
End to end, 20 feet.
(d)
Corner to corner, 15 feet.
(e)
End to back, 25 feet.
(f)
End to front, 40 feet.
(g)
No dwelling unit shall face directly upon the rear of a building.
(h)
Service areas and vestibules, porches, balconies, and canopies not extending more than ten feet from the building shall be excluded from the clearance requirements of subparagraphs (a) to (g) inclusive.
(i)
Where the walls of two buildings face each other and the portions of the faces which overlap or are directly opposite each other do not exceed 15 feet in length and said overlapping portions do not contain windows, the distance between the walls may be not less than nine feet.
C.
Lot area per family:
Every building of over four family dwelling units shall provide a minimum lot of not less than 2,000 square feet per family unit. For two-, three-, or four-family dwelling units there shall be a minimum lot area of 9,000 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.
D.
Floor area:
Minimum floor area for any garden apartment dwelling building shall be 475 square feet per unit.
F.
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 not contain less than the following area:
3.
Planning.
A garden apartment project shall be planned and developed only on a lot or tract under single ownership or unified control. All drying yards and similar 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.
A.
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.
B.
Upon determination that the project as planned conforms to all regulations contained herein, and all other city ordinances and, upon approval by the board of aldermen, the applicant may apply to the proper authorities for a building permit.
4.
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 house dwelling district) with such use regulations imposed on it as are outlined in Section VII, district R-1 (first dwelling house district).
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
In District R-4, Manufactured Home District, 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 or more of the following uses:
2.
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 minimum lot area per family permitted on any lot shall be as follows: (For exceptions see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Same as in district R-1.
B.
Front yards:
Same as in district R-1.
C.
Side yards:
On two-family dwellings there shall be a side yard on each side of a building of not less than the ten percent of the width of the lot. Such side yard shall not be less than ten feet. In district R-2 regulations for corner lots shall be the same as for district R-1.
D.
Rear yards:
Same as in district R-1.
E.
Width of lot:
Same as in district R-1.
F.
Lot area per family:
Same as district R-1.
G.
Floor area:
Same as district R-1.
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
In district C-O, no building, structure, land, or premises shall be used and no building, land, or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Office buildings to be used only for the administrative functions of companies, corporations, social, or philanthropic organizations or societies.
C.
Customary accessory uses, including signs: No sign shall be larger than 16 square feet in area and shall sit not closer than 15 feet from the front or side of the property.
D.
No merchandise shall be handled or displayed, except at mortuaries, and no equipment, material, or vehicle other than motor passenger cars shall be stored outside a building in this district.
2.
Height and area regulations.
In district C-O, the heights of office buildings and 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. (For exceptions see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Same as district R-3.
B.
Front yards:
Same as district R-3.
C.
Side yards:
For office buildings there shall be a side yard on each side of a building not less than 20 percent of the width of the lot, except that such side yard shall not be less than 15 feet and need not be more than 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 feet in front of the line established for the buildings by the front yard requirements for the interior lots on the side streets.
D.
Rear yard:
Same as district R-3.
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
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 or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Any use permitted in district C-O.
B.
Other uses:
(1)
Armories.
(2)
Assembly halls.
(3)
Bakeries, retail.
(4)
Banks.
(5)
Barber and beauty shops.
(6)
Gymnasiums.
(7)
Hospitals for small animals, provided all activities are carried on within an enclosed building.
(8)
Lodge halls.
(9)
Restaurants, cafes, or cafeterias serving customers only within a closed building. All operations, including purchases and consumption, must be within the closed building.
(10)
Schools operated as a business.
(11)
Stores, shops, and markets for retail trade, provided that all operations, displays, and storage be carried on within an enclosed building.
(12)
Studios.
(13)
Wholesale sales offices and sample rooms, provided that all operations, displays, and storage be carried on within an enclosed building.
(14)
Motels.
(15)
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.
2.
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 the front, side, and 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 XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Same as district R-3.
B.
Front yards:
There shall be a front yard the minimum depth of which shall be 25 feet.
C.
Side yards:
A yard of not less than ten feet shall be provided.
D.
Rear yards:
There shall be a rear yard the minimum depth of which shall be at least 20 feet, except that on a corner lot no rear yard is required within 50 feet of a side street, unless the rear line adjoins a residential district.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 2, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
1.
Permitted uses.
In district C-1 no building, structure, land, or premises shall be used, and no building shall be hereafter erected, constructed, reconstructed, moved, or altered except for one or more of the following uses: (For exceptions, see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Any use permitted in districts C-O or C-B.
B.
Other uses:
(1)
Automobile parking lots for passenger cars or trucks.
(2)
Armories.
(3)
Assembly halls.
(4)
Automobile or trailer (mobile homes) sales rooms or yards, other than premises where vehicles are dismantled or used parts sold, provided no vehicles shall be displayed outside the building within 30 feet of the front street line and regulations regarding repairs shall be the same as for garages (public) in this district.
(5)
Automobile washing establishments.
(6)
Bakeries.
(7)
Banks.
(8)
Barber and beauty shops.
(9)
Bicycle repair shops, electrical repair and fix-it shops.
(10)
Billiard halls.
(11)
Bus stations.
(12)
Cleaning, pressing, and dyeing establishments, employing not more than five persons on the premises, provided that only nonexplosive cleaning fluids shall be used.
(13)
Clinics (medical or dental).
(14)
Filling stations, limited to sale of motor fuel and accessories, also lubrications and washing, provided all tanks shall be below the surface of the ground.
(15)
Frozen food lockers for individual or family use.
(16)
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 75 feet of a residential district.
(17)
Greenhouses (commercial).
(18)
Gymnasiums (commercial).
(19)
Hospitals for small animals.
(20)
Launderettes, washeterias, or self-service laundries, provided all equipment is so installed and anchored as to eliminate vibration. No dust, lint, noise, or odor generated by this operation shall be perceptible at the boundary of the premises.
(21)
Lodge halls.
(22)
Newspaper publishing plants.
(23)
Offices.
(24)
Photo-engraving shops.
(25)
Printing, letter, and duplicating shops.
(26)
Radio and television shops.
(27)
Restaurants, cafes, or cafeterias.
(28)
Schools operated as a business.
(29)
Shoe repair shops.
(30)
Shops for custom work or the manufacture of articles, provided that in such manufacture the total mechanical power shall not exceed five horsepower for the operation of any one 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 operations, display, and storage be carried on within the building.
(31)
Sign: Freestanding, provided they do not exceed 12 feet by 24 feet in size and shall not extend more than 20 feet above the ground and shall comply with all front, side, and rear yard setback requirements.
(32)
Stores, shops, and markets for retail trade.
(33)
Studios.
(34)
Taverns, bowling alleys, cafes, cafeterias, dance halls, nightclubs, skating rinks, drive-in restaurants, refreshment stands, any other retail trade, where persons are served in automobiles, provided, however, that same shall not be less than 200 feet from any existing hospital, school, or church and shall not be less than 200 feet from a residential district unless approved by the board under such restrictions as seem appropriate after consideration of noise and other detrimental factors incident to such use.
(35)
Tourist cabins, courts, and motels.
(36)
Wholesale sales offices and sample rooms.
(37)
Accessory uses customarily incident to any of the above uses, including air conditioning plants, ice and refrigerating plants purely incidental to the main activity permitted on the premises and when operated by electricity or gas.
(38)
Any retail business or use, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.
2.
Height and area regulations.
In district C-1, the height of the buildings hereafter 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 the front, side, rear yard lot and floor area requirements of district R-1, R-2, R-3, or C-B, as the case may be. For exceptions, see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Same as district R-3.
B.
Front yards:
There shall be a front yard the minimum depth of which shall be 20 feet, except that it need be of no greater depth than the last depth established by existing buildings in this district within the same block.
C.
Side yards:
A side yard of not less than ten feet shall be provided.
D.
Rear yards:
There shall be a rear yard the minimum depth of which shall be at least 20 feet, except that on a corner lot no rear yard is required within 50 feet of a side street unless the rear line adjoins a residential district.
(Ordinance 2002-518 adopted 3/5/02)
1.
Permitted uses.
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 or more of the following uses: (For exceptions see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
Any use permitted in district C-1. |
2.
Height and area regulations.
Commercial buildings shall not exceed 45 feet or three 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 and fire zone ordinances in effect at the time of the passage of this ordinance.
Parking regulations: (See Section XXVI, “Off-Street Parking and Loading.”) |
(Ordinance 2002-518 adopted 3/5/02)
1.
General conditions.
A.
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 planned business district has been prepared and submitted to the planning and zoning board in compliance with the regulations and requirements of this section.
B.
The net area of land to be included in a district C-P and so designated, shall be at least four acres in size. The term “net area,” as used herein, shall not include any areas within dedicated highways, streets, alleys, or any other public ways or public property.
C.
The location of any district C-P shall be on property which has an acceptable relationship to major thoroughfares to carry the additional traffic generated by the development.
D.
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.
E.
The planning and zoning board shall have power to make and adopt such rules and regulations as are necessary and proper to effectuate the purposes of this section.
2.
Preliminary plan.
A.
The proponents of a planned business district shall prepare and submit a preliminary development plan to the planning and zoning board for its inspection and review, upon which plan the planning and zoning board shall advertise and hold a public hearing. 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 feet, unless waived by the planning and zoning board and the 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 planning and zoning board. The plan shall show sufficient proposed control grade to interpret the intent of the developer. The preliminary plan shall also show the development of adjacent properties within 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.
B.
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 1,000 feet from the boundaries of the area to be zoned as a planned district.
C.
The developer shall indicate on the preliminary plan the stages which will be followed in the construction of the planned center.
D.
If this preliminary plan is found to comply with the intent of the requirements and regulations set forth in this section, the planning and zoning board shall, after public hearing, submit such approved preliminary plan to the board of aldermen with the recommendation for an amendment to the zoning ordinance, which amendment is to provide for and establish a district C-P for the land covered by the preliminary plan.
E.
Upon the approval of the zoning change by amendment to the zoning ordinance, the proponent shall, within two years, submit a final development plan to the planning and zoning board for its review and recommendation. The final development plan may be submitted separately for the first and each successive stage of construction.
3.
Final plan.
A.
It shall be the responsibility of the planning and zoning board to determine that each stage, or all, of the final development plan conforms to the content of the preliminary 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 planning and zoning board.
B.
If the final development plan fails to conform to the intent of the preliminary plan submitted to the planning and zoning board as an amended preliminary plan upon which the planning and zoning board shall advertise and hold a public hearing, the procedure shall be the same as the original preliminary plan.
C.
No building permit shall be issued for any construction in this district C-P until the planning and zoning board shall have approved the final development plan covering at least the first stage of development, and notified the zoning authority.
D.
The final development plan, planned for each succeeding stage, shall also be reviewed by the planning and zoning board and when approved shall be filed in that order.
E.
The proponents of a planned business district shall prepare and submit a schedule of construction, which construction shall begin within a period of one year following the approval of the final development plan by the planning and zoning board 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 board of zoning adjustment and approved by said board. 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.
F.
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 zoning adjustments upon application and after receiving the recommendations of the planning and zoning board.
G.
The plan shall meet the following requirements as to use, height, open space, off-street parking and loading, and all driveways or public access.
4.
Use regulations.
A.
Permitted uses.
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 or more of the following uses:
(1)
Any use permitted in district C-2 except billboards.
(2)
Accessory uses customarily incident to any of the above uses provided that one sign only, showing the name of each place of business and the commodities or services offered there, will be permitted in a district C-P, except that in addition there shall be permitted one sign or structure to identify each planned business district. Such sign or structure shall be of permanent construction, and a filling station may have one freestanding sign to be approved as part of the preliminary plan as to size and location.
5.
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 XX, “Setback Regulations” and Section XXIV, “Height and Area Exception.”)
A.
Buildings or structures shall not exceed 45 feet and shall not exceed three stories in height.
B.
There shall be a setback from any street of at least 30 feet for any building, and ten feet for any parking lot. Along any other property line, with or adjoining a business district, there shall be a setback for any building or structure of at least ten feet or such distance as recommended by the planning and zoning board and approved by the board of aldermen.
C.
Along any other property line abutting or adjoining a zoned dwelling house district there shall be a setback of at least ten 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. 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.
D.
The building line along any street shall be consistent with the building line established in any neighboring residential district. The planning and zoning board may recommend to the board of aldermen a reduction in the above-required setbacks where the situation will reasonably warrant such reductions.
6.
Parking and loading regulations.
In any district C-P there shall be provided off-street customer parking for motor cars in the ratio prescribed below, the ratio to be based upon the square feet of floor area, exclusive of storage or warehouse space.
First: | 10,000 sq. ft. x 11 | = | Parking space for cars |
1,000 | |||
Next: | 20,000 sq. ft. x 9 | = | Parking space for cars. |
1,000 | |||
Balance x 7 | = | Parking space for cars. | |
1,000 |
Ample off-street space for standing, loading, and unloading of supplies shall be provided with the development, in accordance with requirements under Section XXVI, “Off-Street Parking and Loading Regulations.” |
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 2, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
1.
Permitted uses.
In district C-DCB, no building, structure, land, or premises shall be used and no building, land, or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses: (for exceptions see Section XIX, "Special Classes," Section XXII, "Nonconforming Uses," and Section XXXII, "Powers and Duties of the Board.")
a.
Appliance stores.
b.
Automotive parts sales establishments.
c.
Bakeries whose products are sold at retail on the premises.
d.
Banks and savings and loan companies.
e.
Barber and beauty shops.
f.
Churches.
g.
Clothing or wearing apparel shops.
h.
Clubs, lodges, and meeting places for other organizations.
i.
Community building (publicly owned and operated).
j.
Drug stores.
k.
Dry cleaning.
l.
Event venue.
m.
Fire stations.
n.
Gift, florist and music stores.
o.
Hospitals for small animals, provided all activities are carried on within an enclosed building.
p.
Library, public.
q.
Medical and dental offices and clinics.
r.
Museums, public.
s.
Printing, publishing, and related trades.
t.
Professional offices and offices of financial, insurance, real estate, law, and philanthropic organizations.
u.
Restaurants and taverns but excluding drive-in eating establishments; including wineries or breweries where retail sales are conducted.
v.
Schools operated as a business.
w.
Shoe repair shops.
x.
Studios.
y.
Theaters, bowling alleys and other commercial recreation establishments.
z.
Stores, shops, and markets for retail trade, provided that all operations, displays, and storage be carried on within an enclosed building.
aa.
Upper-level apartments and lofts. Lower-level residences shall be prohibited. Existing lower-level residences shall be considered a legal, non-conforming use and shall be subject to the provisions of Section XXII of the Zoning Ordinance. Upper-level apartments and lofts shall have separate entrance from the lower-level. Exception: Business owners who own or operate a business on the first-floor shall be permitted to have a residence on the first-floor level located in the rear of the business. The living quarters shall be a minimum of 450 square feet. Such use shall be permitted by the approval of a special use permit.
bb.
Wholesale sales offices and sample rooms provide that all operations, displays, and storage be carried on within an enclosed building.
cc.
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.
2.
Performance standards.
The following standards shall not be exceeded by any use in this district.
a.
No wholesale sales shall be conducted.
b.
No merchandise or equipment shall be stored or displayed outside the building.
c.
All products shall be sold, and all services rendered inside a building, except that banks and savings-and-loan establishments may have drive-in or walk-up service. A properly zoned and licensed food or beverage service establishment may temporarily utilize public sidewalks immediately adjacent to its establishment for outdoor dining purposes contingent upon compliance with City Policy and ordinances.
d.
No noise, smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.
e.
Alcoholic beverages may be sold for consumption in conjunction with eating establishments.
f.
Assembly of products to be sold only for retail on the premises.
g.
Broadcasting equipment (towers, satellite dishes, etc.) shall be permitted but shall not exceed the height restrictions of this district.
3.
Hight and area regulations.
In District "C-DCB," the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows:
a.
Height.
Buildings or structures shall not exceed three stories in height.
b.
Front yards.
No front yard is required.
c.
Side yards.
No side yard is required except where a side line of a lot in this district abuts the side line of a lot in a residential district.
d.
Rear yards.
No rear yard is required except that where a rear line of a lot in this district abuts upon land in a residential district, a rear yard of not less than 25 feet shall then be provided in this district.
e.
Lot coverage.
The lot coverage shall not exceed 95%.
4.
Parking regulations.
No off-street parking is required in this district.
(Ordinance 2025-987 adopted 6/3/2025)
1.
Permitted uses.
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 or more of the following uses: (For exceptions, see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
(1)
Bakeries.
(2)
Blacksmith or wagon shops.
(3)
Bottling works.
(4)
Bus barns or lots.
(5)
Canning or preserving factories.
(6)
Carpenter, cabinet, or pattern shops, provided that such use is not noxious or offensive by reason of vibration, odor, dust, smoke, or gas.
(7)
Carpet-cleaning establishments.
(8)
Chemical laboratories not producing noxious fumes or odors.
(9)
Cleaning, pressing, and dying plants.
(10)
Cold-storage plants.
(11)
Creameries.
(12)
Dog pounds, if within an enclosed building.
(13)
Electroplating works.
(14)
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.
(15)
Forges (hand).
(16)
Freight terminals (rail, truck, or water).
(17)
Galvanized works.
(18)
Garages (public).
(19)
Grain elevators.
(20)
Ice plants.
(21)
Laundries.
(22)
Machine shops, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.
(23)
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, cottonseed, 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, woodenware.
(24)
Milk bottling or distribution plants.
(25)
Monument or marble works.
(26)
Moving, transfer, or storage plants.
(27)
Parking lots for trucks, mobile construction equipment, etc.
(28)
Planing mills, provided that such use is not noxious by reason of vibration, noise, odor, dust, smoke, or gas.
(29)
Plumbing and sheetmetal shop, provided that such use is not noxious by reason of vibration, noise, odor, dust, smoke, or gas.
(30)
Poultry killing or dressing for commercial purposes.
(31)
Produce markets (wholesale).
(32)
Railroad freight cars.
(33)
Sales rooms, yards, and service for farm machinery and contractors’ equipment.
(34)
Stone-cutting plants.
(35)
Storage in bulk of, or warehouse for such materials as: asphalt, brick building materials, cement, clothing, coal, contractors’ 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, butane (less than tank-car lots), gasoline (less than tank-car lots), propane (less than tank-car lots).
(36)
Veterinary hospitals.
(37)
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.
(38)
Accessory uses customarily incident to any of the above uses.
(39)
Molding, casting, and shaping plastic products and compounding, formulating, mixing, and storage or warehousing in bulk of insecticides and pesticides, provided that such use is not noxious or offensive by reason of vibration, dust, odor, smoke, or gas.
2.
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 the front, side, rear yard, lot and floor requirements of districts R-1, R-2, or R-3, as the case may be. (For exceptions, see Section XX, “Setback Regulations” and Section XXIV, “Height and Area Exceptions.”)
A.
Height:
Buildings or structures shall not exceed 75 feet and shall not exceed six stories in height.
B.
Front yards:
No front yard is required except that where a portion of district M-1 lies within the 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.
C.
Side yards:
Same as district C-1.
D.
Rear yards:
Same as district C-1.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 2, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
1.
Permitted uses.
In district M-2 no building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, altered, or moved except for one or more of the following uses: (For exceptions, see Section XIX, “Special Classes,” Section XXII, “Nonconforming Uses,” and Section XXXII, “Powers and Duties of the Board.”)
A.
Any use permitted in district M-1.
B.
For the uses listed below or other similar uses, only upon approval of the planning and zoning board and the board of aldermen will application for a building permit or occupational license be accepted:
(1)
Ammonia, bleaching powder, chemical plants.
(2)
Assaying works (other than gold or silver).
(3)
Blooming or rolling mills.
(4)
Breweries or distilleries.
(5)
Cider mills.
(6)
Coal car dumps.
(7)
Coal hoist, pockets, or trestles.
(8)
Coke ovens.
(9)
Cooperage works.
(10)
Cotton ginning or baling works.
(11)
Dog pounds.
(12)
Enameling works.
(13)
Electric power plants.
(14)
Forges (power).
(15)
Foundries (iron, brass, bronze, aluminum).
(16)
Japanning works.
(17)
Lumber mills.
(18)
Manufacturing of such products as: alcohol, boilers, bronze, cans, carbon batteries, carbon or lamp black, carriage or wagon parts, celluloid or similar materials, clay, shale, or glass products, creosote, cutlery, or tools, disinfectant, dyes, electrical machinery, furniture, glass, iron and steel locomotives, motor cars, bicycles, airplanes, nuts, bolts, screws, etc., oilcloth, 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.
(19)
Metal stamping, shearing, punching works, etc.
(20)
Oil compounding and barreling plants.
(21)
Planing mills.
(22)
Railroad roundhouses or shops.
(23)
Salt works.
(24)
Steel furnaces.
(25)
Structural iron or pipeworks.
(26)
Sugar refineries.
(27)
Welding.
(28)
Wire or rod mills.
(29)
Wooding scouring works.
(30)
Accessory uses customarily incident to any of the above uses.
2.
Height and area regulations.
In district M-2 no buildings hereafter shall be 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 the front, side, and 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 XX, “Setback Regulations,” and Section XXIV, “Height and Area Exceptions.”)
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 2, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
Generally. Along any property line abutting or adjoining a zoned dwelling house district, there shall be a setback of at least ten feet for any buildings or parking lots. Commercial or industrial business district(s) C-B, C-1, C-2, C-P, M-1, M-2 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 feet in height. Screens shall be constructed of suitable material and in such manner as to present a pleasing appearance. All construction plans and specifications for screen installations shall be submitted for approval by the zoning authority prior to construction. The area adjacent to such wall or fence may be required to be planted with trees and shrubs to form an ornamental screen, and trees and shrubs shall be properly and adequately maintained by the industrial or commercial user.
(Ordinance 2002-518 adopted 3/5/02)
Generally. Any use permitted in districts C-O, C-B, C-1, C-2, M-1, or M-2 shall be subject to such controls as may be imposed by the board of aldermen if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare, or heat perceptible at the property lines. 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. All buildings shall be connected to the public sewers of the City, with such preliminary treatment as may be acquired [required] by the City or DNR. If the discharge cannot adequately be treated, it shall be discharged into a private sewage system maintained by the land owner.
A.
Standards for marijuana uses.
No building shall be constructed, altered, or used for a marijuana use without complying with the following regulations.
(1)
Buffer Requirement.
No new cultivation, infused products manufacturing, dispensary, or testing facility shall be sited, or at the time of application for license or for local zoning approval, whichever is earlier, within one thousand (1,000) feet of any then existing elementary or secondary school, day-care, or church.
i.
In the case of a freestanding facility, the distance between the facility and the school, day-care, or church shall be measured from the property line of an external cultivation facility or external wall of all other facility structures closest in proximity to the school, day-care, or church to the closest point of the property line of the school, day-care, or church. If the school, day-care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day-care, or church closest in proximity to the facility.
ii.
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day-care, or church shall be measured from the property line of the school, day-care, or church to the facility's entrance or exit closest in proximity to the school, day-care, or church. If the school, day-care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day-care, or church closest in proximity to the facility.
iii.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(2)
Outdoor Operations or Storage Prohibited.
Exception. Except for outdoor Marijuana Cultivation Facilities, the operations and all storage of materials, products, or equipment for all other Marijuana businesses shall be within a fully enclosed building.
(3)
On-site Usage Prohibited.
No marijuana may be smoked, ingested, or otherwise consumed on the premises of a Marijuana Use.
(4)
Hours of Operation.
All Marijuana Use shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.
(5)
Display of Licenses Required.
The marijuana license issued by the State of Missouri and the City issued business license shall be displayed in an open and conspicuous place on the premises.
(6)
Residential Dwelling Units prohibited.
No marijuana business shall be located in a building that contains a residence.
(7)
Ventilation Required.
All marijuana uses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business and place of home cultivation. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility or place of home cultivation is located.
B.
Dispensaries.
(1)
Any Marijuana Dispensary shall require any customer to display the customers permit card from the Department of Health and Senior Services or other proof of eligibility at the time of each purchase.
(2)
No person under the age of eighteen (18) years old shall be allowed into a Medical Marijuana Dispensary; except that a Qualifying Patient who is under the age of eighteen (18) years but who has been emancipated by a court order under a Qualifying Patient, under the age of eighteen (18) years when accompanied by the Qualifying Patient's parent or guardian.
(3)
Each marijuana dispensary shall be operated from a permanent and fixed location. No marijuana dispensary shall be permitted to operate from a movable, mobile, or transitory location. This subsection shall not prevent the physical delivery of marijuana to a customer, patient or the patient's primary caregiver at a location off of the premises of the permittee's marijuana dispensary, to the extent so allowed by law, if:
a.
the marijuana was lawfully purchased;
b.
the marijuana is delivered only by the permittee or an employee of the permittee;
c.
the marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation; marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle unless a human occupies such self-navigating vehicle.
(4)
Paraphernalia designed or intended for use in consuming marijuana may be sold at a marijuana dispensary.
(5)
A marijuana dispensary shall provide adequate security on the premises of the marijuana dispensary including, but not limited to, the following:
a.
Security surveillance cameras installed to monitor the main entrance along with the interior and exterior of the premises to discourage and to facilitate the reporting of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least 72 hours by the permittee;
b.
Alarm systems which are professionally monitored and maintained in good working conditions;
c.
A locking safe permanently affixed to the premises, or a locked secure storage room, that is suitable for storage of all of the saleable inventory of marijuana if marijuana is to be stored overnight on the premises; and
d.
Exterior lighting that illuminates the exterior walls of the business and is compliant with the City Code.
C.
Offsite Storage Facilities.
Marijuana Dispensaries may operate an Offsite Storage Facility for storage of products and inventory. A single Offsite Storage Facility may only be used by a single Entity licensed as a Marijuana Dispensary. An Offsite Storage Facility shall not be open to the public. An Offsite Storage Facility shall comply with the same requirements of a dispensary in regard to location, security, and odor control.
D.
Marijuana-Infused Products Manufacturing Facility.
1.
No permit shall be issued or renewed for a Marijuana-Infused Products Manufacturing Facility that does not meet the standards of this section and any related requirements under Missouri law.
2.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area fully enclosed by a fence with razor wire at least ten (10) feet in height, not including the razor wire or such other alternative security measures approved by the Board of Aldermen.
E.
Marijuana Cultivation and Testing Facilities.
1.
No permit shall be issued or renewed for a Marijuana Cultivation or Testing Facility that does not meet the standards of this section and any related requirements under Missouri law.
2.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area fully enclosed by a fence with razor wire at least ten (10) feet in height, not including the razor wire or such other alternative security measures approved by the Board of Aldermen.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 3, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)
1.
[Generally.
Any of the following uses may be located in any nonresidential district by special permission of the board of aldermen under such conditions as to operation and off-street parking requirements as the board of aldermen may impose, and after public hearing by the zoning board and the board of aldermen, provided that in their judgment such use will not seriously injure the appropriate use of the neighboring property and will conform to the general intent and purpose of this ordinance and shall comply with the height and area regulations of the district in which they may be located, unless otherwise granted and providing further that such permission shall be for a limited period of time, transferable and renewable by the board of aldermen upon termination and subject to the rules and restrictions prescribed by the board of aldermen.]
A.
Specified uses:
(1)
Amusement parks, commercial baseball or athletic fields, racetracks, circuses, carnivals, or fairgrounds.
(2)
Aviation fields or airports under such restrictions as the board of aldermen may impose on land, buildings, or structures within an approach or transition plan or turning zone, to promote safety of navigation and prevent undue danger from confusing lights, electrical interferences, or other hazards.
(3)
Cemeteries, mausoleums, or crematories for the disposal of the human dead.
(4)
Miniature golf courses.
(5)
Swimming pools.
(6)
Radio and television stations.
(7)
Clubs, private, and the primary activities of which are athletic or recreational, provided the area shall be at least ten acres in extent and no building shall be closer than 100 feet from any property line.
(8)
Drive-in theaters.
(9)
Golf driving ranges, commercial and illuminated.
(10)
Gun clubs, skeet shoots, or target archery ranges.
(11)
Hospitals, sanitariums, or homes for the convalescent or aged, including the insane or feeble-minded, alcoholics or drug addicts, subject to such health and sanitation requirements as may be imposed by the board of aldermen or the health authorities of the city or state and provided there shall be at least 300 square feet of lot area for each patient or guest, with the minimum of 20,000 square feet.
(12)
Mines, other than strip or cut mines, including the removing, screening, crushing, washing, or storage of ore, sand, clay, stone, gravel, or similar materials, concrete batching plants, asphalt plans, and related industries, provided, however, that no permit shall be issued until and unless the location site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the board of aldermen, which permit shall be for a limited period of time not to exceed ten years, subject to regulations and restrictions prescribed by the board of aldermen.
(13)
Penal or correctional institutions.
(14)
Picnic groves and fishing or swimming lakes, including minor and incidental concession facilities for patrons only.
(15)
Radio, television, and microwave towers.
(16)
Sanitary landfills.
(17)
Reservoirs, wells, towers, filter beds, or water supply plants.
(18)
Community sewage or garbage processing or disposal plants.
(19)
Trailer courts, subject to such rules as may be adopted by the board of aldermen (in district R-4 also).
(20)
Automobile wrecking yards, if enclosed within a solid fence or wall at least ten feet high.
(21)
Junkyards, if enclosed within a solid fence or wall at least ten feet high.
(22)
Acid manufacture.
(23)
Cement, lime, gypsum, or plaster of Paris manufacture.
(24)
Coal distillation and byproducts plants.
(25)
Distillation of bones.
(26)
Explosive manufacture or storage.
(27)
Fertilizer manufacture or storage.
(28)
Gas manufacture.
(29)
Garbage, offal, or dead animal reduction or dumping.
(30)
Hides and skins (storage, curing, or tanning).
(31)
Meat- or fish-packing or storage plants.
(32)
Meat processing.
(33)
Petroleum or its products (refining of).
(34)
Smelting of tin, copper mine, or iron ores.
(35)
Stockyards or slaughtering.
(36)
Tar distillation or manufacture.
(37)
Wholesale storage of gasoline, butane, or propane.
(38)
Wood distillation plants (charcoal, tar, turpentine, etc.).
(39)
Operation of private equipment yards for storage purposes, exclusive of retail sale yards.
(40)
Retail garden centers and nurseries.
(41)
Signs, in excess of the limits provided for under a specific zoning classification, shall be subject to whatever term[s], regulations, or restrictions as may be prescribed by the board of aldermen.
(42)
Marijuana Microbusiness Facility located less than one thousand (1,000) feet of any then existing elementary or secondary school, day-care, or church.
2.
Pre-existing uses.
Any use or operations permitted within this section and operating at the time of passage of this ordinance shall be deemed zoned under special classes, with permissive use granted for a period of ten years from the date of the passage of this ordinance.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2023-916 adopted 9/5/2023; Ordinance 2025-986 adopted 6/3/2025)
1.
Single-lane non-divided pavements.
Where single-lane non-divided pavements are involved, a minimum building setback distance of 95 feet from the centerline of the highway shall be maintained.
2.
Service road facilities.
Where service road facilities on controlled or limited-access pavements are involved, a minimum building setback distance of 95 feet from the centerline of the service road pavement shall be maintained.
3.
Pumps and pump islands, temporary, movable uses.
All pumps and pump islands erected in connection with filling stations or businesses incidental thereto, including auto and machinery displays and all other uses of a temporary, movable nature, on a highway as recited above, shall have a setback at least 84 feet from the centerline of a highway and 60 feet from the centerline of a service road.
4.
Billboards and signs.
All billboards and signboards, or all signs erected along any highway, as in this section referred to, shall have a setback a distance of 30 feet from the edge of the pavement of the highway or service road.
5.
Uses hazardous to traffic prohibited.
No building, use, signboard, or other obstruction of visibility shall be located in such manner as to be hazardous to highway traffic.
6.
Barriers, etc., to be used to restrict parking.
Use of barriers and clearly defined driveways to prevent parking on highway shoulders or rights-of-way and to prevent off-pavement traffic along shoulder, medial strips, or between adjacent business establishments shall be maintained. Plot plans and proposed usage shall show ample off-the-highway parking facilities for residents, employees or customers. Parking areas shall allow ample turn-around space so vehicles need not back out onto the highway properly. All access and egress to the highway must be in compliance with highway department regulations.
(Ordinance 2002-518 adopted 3/5/02)
1.
Private driveways or walks.
A private driveway or walk to provide access to premises in districts C-O, C-B, C-1, C-2, M-1, or M-2 shall not be permitted in districts A, R-1 R-2, R-3, or R-3A.
2.
Higher classification.
Buildings or structures or uses which are accessory to the use permitted in one district shall not be permitted in a district of a higher classification.
(Ordinance 2002-518 adopted 3/5/02)
1.
Statement of purpose.
The purpose of this section is to provide for the regulation of nonconforming uses, buildings, and structures.
2.
Authority to continue nonconforming buildings, structures, and uses.
Any nonconforming building, structure, or use which existed lawfully at the time of adoption of this ordinance and which remains nonconforming and any such building, structure, or use which shall become nonconforming upon the adoption of this ordinance or of any subsequent amendment thereto may be continued in accordance with the regulations which follow.
3.
Restrictions on nonconforming buildings, structures, and uses thereof.
Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this subsection.
A.
Repairs-
Ordinary repairs may be made to a nonconforming building or structure. Ordinary repairs shall be determined by the director of code enforcement and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such placement.
B.
Alterations and Enlargements
(1)
A nonconforming building or structure which is nonconforming only as to height, yard, parking, or loading regulations may be altered, including structural alterations, or enlarged, provided such alteration or enlargement complies with the regulations and standards of this ordinance.
(2)
A nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district where it is located shall not be added to or enlarged unless such nonconforming buildings or structures and additions thereto are made to conform with all regulations herein for the district in which it is located.
C.
Restoration of damaged nonconforming building.
A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent of not more than 50 percent of its true current value may be restored to its original size and occupancy. Such restoration shall be completed within 12 months of the date of damage, provided any time for litigation shall not be counted in the 12-month period. Said building or structure, if destroyed or damaged to an extent greater than 50 percent of its true current value shall be restored only if said building or structure and the use thereof shall conform to all regulations of the district in which it is located.
D.
Discontinuance of use of nonconforming building or structure.
A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located and which is vacant on the effective date of this ordinance or thereafter becomes vacant and remains unoccupied or is not used for a continuous period of 90 days shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located. A building or structure which is nonconforming only as to height, yard, parking, or loading requirements shall not be subject to this provision.
E.
Expansions of use in nonconforming building or structure.
The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no structural alterations shall be made unless such structural alterations and the use thereof conform to all regulations of the district in which the building or structure is located.
F.
Change of use in nonconforming building or structure.
The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located; but no change shall extend or otherwise modify any provision made in this ordinance for elimination of such nonconforming building or structure, and the use thereof.
4.
Nonconforming use of conforming buildings or structures.
The lawfully existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located may be continued, subject to the following provisions:
A.
Expansion of nonconforming use.
The nonconforming use of a part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located shall not be expanded or extended into any other portion of such building or structure nor changed to any other nonconforming use.
B.
Discontinuance.
If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located is discontinued for a period of 90 days, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.
C.
Change of a nonconforming use.
No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure all or substantially all of which building or structure is designed or intended for a permitted use.
5.
Nonconforming Use of Land.
The nonconforming use of land not involving a building or structure or where any building or structure thereon is merely incidental or accessory to the principal use of the land may be continued subject to the following provisions:
A.
Expansion.
A nonconforming use of land shall not be expanded or extended beyond the area it occupies.
B.
Discontinuance.
If a nonconforming use of land is discontinued for a period of 90 days, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.
C.
Change of use.
A nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.
D.
Elimination of nonconforming use of land.
The nonconforming use of land shall be discontinued and cease in according [accordance] with the following:
(1)
Where no buildings or structures are employed in connection with such use, discontinued within one year.
(2)
Where such use is maintained in connection with a conforming building or structure, except for inadequate off-street parking facilities may be continued for so long as the premises are so used.
(3)
Where a nonconforming use of land is accessory to the nonconforming use of a building or structure, discontinued on the same date on which the nonconforming use of the building or structure is discontinued.
(Ordinance 2002-518 adopted 3/5/02)
1.
Generally.
Nothing, herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued and plans for which are on file with the city clerk at the time of passage of this ordinance and the construction of which in either case shall have been diligently executed within one year of the date of such permit and the ground-story framework of which, including the second tier of beams, shall have been completed within such year and which entire building shall be completed, according to such plans as filed within two years from the date of the passage of this ordinance.
2.
Buildings destroyed by fire, etc.
Nothing in this ordinance shall be taken to prevent the restoration within 12 months of a legal nonconforming building destroyed or partially destroyed by fire, explosion, or other casualty or act of God or the public enemy, provided that when such restoration becomes involved in litigation the time required for such litigation shall not be counted as a part of the 12 months allowed for construction and further provided that upon restoration of a legal nonconforming use of the building may not be changed unless changed to a conforming use, and nothing in this ordinance shall be taken to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction, but any building so damaged more than 50 percent of its reasonable value may not be rebuilt, repaired, or used unless it is made to conform to all regulations for all buildings in the district in which it is located.
(Ordinance 2002-518 adopted 3/5/02)
1.
Generally.
The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, yards, and other regulations and requirements in the foregoing sections of this ordinance shall be subject to the following exceptions and additional regulations:
A.
Height exception:
1.
In any district, public or semi-public buildings, such as hospitals, churches, hotels, sanitariums, or schools, either public or private, where permitted may be erected to a height not exceeding 75 feet, provided that such buildings shall have yards the depth and width of which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations in which such buildings are situated.
2.
Dwellings in districts A, R-1, and R-2 may be increased in height not exceeding ten feet in addition to the limitations of 2-1/2 stories or 35 feet, as prescribed in such districts, provided that two side yards of not less than 15 feet in width each are provided. In no case shall such dwellings, however, exceed three stories in height.
3.
Parapet walls and false mansards shall not extend more than six feet above the height in limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio, television, or microwave towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected as to height in accordance with the existing or hereafter adopted ordinances of the City of Garden City, Missouri.
4.
On through lots 125 feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than 125 feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than 125 feet from that street.
5.
The establishment of an airport or heliport within the City of Garden City shall be in conformity with the regulations and procedures set forth by the Federal Aviation Agency as required by law and reviewed by the planning and zoning board.
B.
Area per family exceptions:
For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the lot requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.
C.
Yard exceptions:
1.
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projection of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features, and eaves, provided, however, that none of the above projections shall extend into the court more than six inches nor into a minimum yard more than 36 inches; and provided further that canopies or open porches may project a minimum of six feet into the required front or rear yard [and] open paved terraces may project not more than ten feet into a front yard and existing open porches extending into the required yard shall not be enclosed.
2.
An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than four feet into a required rear yard.
3.
A terrace garage in districts A to R-1, inclusive, may be located in a front or side yard, provided that it is completely recessed into the terrace and that the height of the terrace is sufficient to cover and conceal the structures from above and further provided that the doors, when open, shall not project beyond any property line, and that the structure be set back at least four feet from the front property line.
4.
In any district a detached accessory building not exceeding 24 feet or two stories in height or, in any case, not higher than the main building, may occupy not more than 30 percent of a rear yard, except that in districts M-1 or M-2, if such building is not more than one story or 16 feet high, it may occupy 40 percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than six feet wide inside, the roof of which is not more than ten feet high at its highest point and is not an extension of the roof of the main building.
5.
No rear yard shall be required in districts C-O to M-2 inclusive, on any lot for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
6.
In computing the depth of a rear yard for any building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard. However, such portion of alley shall not be fenced in.
7.
The zoning authority is authorized to deviate from yard measurements up to ten percent of the requirements in hardship cases without the referral to the board of zoning adjustment.
(Ordinance 2002-518 adopted 3/5/02)
1.
Net area required.
The net area of land to be included in a group housing project shall be at least three acres. Developers of a group housing project must submit their plans to the planning and zoning board for study. The planning and zoning board shall hold a public hearing and shall make recommendations to the board of aldermen for their consideration and determination.
2.
Application of ordinance generally.
The planning and zoning board shall apply the requirements of this ordinance to the housing project as a whole in such manner that will insure substantially the same character of occupancy, maximum intensity of use, and minimum standard open spaces as permitted by this ordinance in the district in which the proposed project is to be located.
3.
Specific prohibitions.
In considering the project, the planning and zoning board shall in no case authorize a use prohibited in the district in which the housing project is to be located, except that buildings for administration and maintenance of the project may be included; not a building height in excess of that permitted. The minimum distance between a building and a street line shall comply with the front yard requirement of the district. No point of any building shall be nearer than 20 feet to an adjacent building except that ten feet minimum clearance will be permitted where there is a corner relationship, not less than 25 feet from any boundary line of the project. The board may require such additional restrictions and safeguards as they deem necessary to fulfill the purpose and intent of the zoning ordinance.
4.
Open space.
Ample open space shall be provided for recreational space, outdoor drying yards, arrangements of lawns and planting, etc., in addition to that required for off-street parking.
6.
Permit.
A permit for a group housing project shall be issued by the zoning authority upon approval of the project by the board of aldermen.
(Ordinance 2002-518 adopted 3/5/02)
All parking areas and driveways shall, except in Districts R-1, R-2, and R-4, be paved with either concrete or asphalt.
1.
Parking for one- or two-family dwellings.
A.
For all one- or two-family dwellings hereafter erected, constructed, reconstructed, moved, or altered, provision in the form of garages or open parking areas shall be made for parking of motor passenger vehicles for the use of occupants, either on the premises in the rear or side yard or in a community garage in the same block. Such parking shall provide space for at least two vehicles for each family unit with adequate driveway space thereto.
B.
No trucks in excess of one-ton capacity shall be parked on a lot in a residential zone except for deliveries.
C.
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.
2.
Parking for apartment houses, multiple dwellings.
For all apartment houses, multiple dwellings hereafter erected, constructed, reconstructed, moved, or altered, provision in the form of garages or open parking area shall be made for the storage or parking of motor passenger vehicles for the use of occupants, either on the premises in the rear or side yards or on a site approved by the board of aldermen after public hearing. Two and one-half parking spaces of 500 square feet shall be provided for each dwelling unit.
3.
Parking for hotels and motels.
For all hotels and motels hereafter erected, constructed, reconstructed, moved, or altered, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles for the use of occupants or members. One parking space shall be provided for each of the individual bedrooms or suites. Such parking shall be in the side or rear yards or on a site approved by the board of aldermen after public hearing. Each parking space shall provide at least 200 square feet of area.
4.
Parking for hospitals or institutions.
For all hospitals and philanthropic or eleemosynary institutions hereafter erected, constructed, reconstructed, moved, or altered, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles. One parking space shall be provided for each 700 square feet of floor space in said buildings. Such parking shall be either on the premises or on a site approved by the board of aldermen after public hearing. Each parking space shall provide at least 200 square feet of area.
5.
Parking for places of assembly.
For every structure or part thereof hereafter erected, constructed, reconstructed, moved, or altered to be used as a theater, auditorium, church, stadium, or other place of public assembly, there shall be provided and maintained accessible off-street parking space for motor passenger vehicles on the basis of one vehicle for each four seats of the total audience seating capacity of the building, structure, or part thereof. Such parking shall be located on the same lot with such building, structure, or part thereof, or on a site approved by the board of aldermen after public hearing. Each parking space shall provide at least 200 square feet of area.
6.
Parking for business or industrial buildings.
A.
Any business building hereafter erected, constructed, reconstructed, moved, or altered in districts C-O to C-2, inclusive, shall provide accessible off-street parking at the rate of one parking space for each 500 square feet of gross floor area in the building, exclusive of basement storage areas.
B.
For all industrial buildings hereafter erected, constructed, reconstructed, moved, or altered in districts M-1 and M-2, provisions shall be made for off-street parking. One parking space shall be provided for each two employees.
C.
Such parking space shall be on the same lot with the main buildings or within 750 feet therefrom on land zoned for business or industry. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoned lot occupied by the building or use to which the parking facilities are accessories. Such possession may be either by deed of [or] long-term lease, the term of such lease to be determined by the board of aldermen.
D.
Each required off-street parking space shall be at least ten feet in width and at least 20 feet in length, exclusive of access drives, aisles, ramps, or columns.
E.
When determination of the number of off-street parking spaces required by the formulas result in the requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction excess of one-half shall be counted as one parking space.
7.
Improvement of parking areas.
All open parking areas shall be surfaced with a permanent dust-free surface. Ingress and egress shall be by means of paved driveways not exceeding 35 feet in width at point of connection with public streets. Driveways affording access to double bays or parking spaces shall not be less than 27 feet wide for right-angle parking and not less than 16 feet wide for parking at an angle of 55 degrees to curb line, provided that such drive widths may be reduced to 20 feet and 12 feet respectively where one-way traffic is established in the driveways. Required drive widths may be determined proportionately for other angles of parking. Any lights used to illuminate said parking area shall be so arranged as to direct light away from any adjacent premises in a residential district. The following additional regulations shall apply:
A.
When abutting residential districts, off-street parking and loading facilities shall be set back at least five feet from each property line.
B.
In order to limit the points of ingress and egress and to prevent encroachment of parked cars upon the public sidewalk and to improve the general appearance, there shall be a solid wall or fence or approved suitable screen planting at least three feet high in districts R-1 to R-3A, inclusive, and 2-1/2 feet high in districts C-O to C-2, inclusive, along the street side of the parking area and along any side or portion of a street line which is the boundary of an adjacent higher-use district.
C.
The portions of the area where parking is prohibited shall be suitably planted and maintained with grass, trees, and shrubs.
D.
Where such parking area is located in a district A to R-1, inclusive, no fee shall be charged for parking thereon, and no signs of any kind shall be erected except those necessary for the orderly parking thereon.
8.
Loading space for business and industry.
A.
Any business or industrial building, hospital, institution, or hotel hereafter erected, constructed, reconstructed, moved, or altered in any district shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.
B.
Off-street loading berths for nonresidential uses, namely commercial and industrial, shall be provided in accordance with the following:
Berths | ||
|---|---|---|
Size of Establishment (gross area sq. ft.) | Required No. | Size Ft. |
1,000 - 20,000 | 1 | (10 x 25) |
20,000 - 25,000 | 2 | (10 x 25) |
25,000 - 40,000 | 2 | (10 x 50) |
40,000 - 100,000 | 3 | (10 x 50) |
100,000 - 250,000 | 4 | (10 x 50) |
For each additional 200,000 sq. ft. or fraction thereof, one additional berth shall be added at the size of (10 x 50) ft. |
(Ordinance 2002-518 adopted 3/5/02)
Generally. In interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements for the promotion of the health, safety, morals, or general welfare.
Whenever this ordinance requires greater width or size of yards or other open spaces or requires a lower height of buildings or a lesser number of stories or requires a greater percentage of lot to be unoccupied or requires a lower density of population or requires a more restricted use of land or imposes other higher standards than are required in any other statute, local order or regulation, private deed restrictions or private covenants, the regulations made under authority of this ordinance shall govern.
(Ordinance 2002-518 adopted 3/5/02)
Generally. The regulations, restrictions, and boundaries contained in this ordinance may from time to time be amended supplemented, changed, modified, or repealed, by the board of aldermen, either on its own motion or an application or a petition thereto, in writing, filed with the board of aldermen of the City of Garden City, Missouri. Said application or petition shall be accompanied by a filing fee of $100; payable to the city clerk of said City. Costs that are necessarily incident to the provisions of the application in excess of $100 shall be billed to the applicant or petitioner. Before taking any action upon any proposed amendment, supplementation, change, modification, or appeal, same shall be referred to the planning and zoning board by the board of aldermen for report and recommendation. The planning and zoning board shall then hold a public hearing on said application or petition after public notice thereof, duly published according to law as provided by RSMo. Chapter 89. After public hearing is held, the planning and zoning board shall thereupon make its final report to the board of aldermen of the City, either favorably or unfavorably recommending said application or petition, which recommendation shall be filed with the city clerk. Thereupon, the board of aldermen shall hold a public hearing thereon after public notice thereof, duly according to laws provided in RSMo. Chapter 89; said board of aldermen may then approve any such application or petition by ordinance amending, supplementing, changing, modifying, or appealing, as may be required in the premises. In case, however, of a protest against such change, duly signed and acknowledged by the owners of ten percent or more, either of the areas of land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and 185 feet distant front the boundaries of the district proposed to be changed, such amendment shall not become effective except by favorable vote of three-fourths of all members of the board of aldermen of the City of Garden City, Missouri.
(Ordinance 2002-518 adopted 3/5/02)
Required waiting period. Whenever any application or petition presented under Section XXVIII has been finally acted upon by the board of aldermen under the provisions of this ordinance and the decision of the board of aldermen has been adverse to the applicant, said board of aldermen shall not, for a period of six months from the date of its decision, receive or entertain, nor shall it refer to the planning and zoning board consideration, an identical or similar application seeking the same or similar relief as prayed for in the application first denied.
(Ordinance 2002-518 adopted 3/5/02)
Generally. Whenever any land shall be annexed to the municipality after the adoption of this zoning ordinance, said land so annexed shall automatically be subject to provisions of this ordinance and shall retain the same zoning classification as it was in the county.
(Ordinance 2002-518 adopted 3/5/02)
Generally. There is hereby created a board of zoning and adjustment for the City of Garden City, Missouri. The board of zoning and adjustment shall consist of five members, who shall be freeholders. The membership of the first board appointed shall serve respectively for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter, members shall be appointed for terms of five years each. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairman, who shall serve for one year. The board shall adopt its own rules of procedure not inconsistent with this ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine, but not less than quarterly. Such chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board will be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon [each] question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk of the City of Garden City, Missouri, and shall be a public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the board for that purpose.
(Ordinance 2002-518 adopted 3/5/02)
Generally. The board of zoning and adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in any order, requirements, decisions, or determination made by an administration official in the enforcement of these sections or of any ordinance adopted pursuant thereto.
2.
To hear and decide all matters referred to it or upon which it is required to pass under such ordinances.
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinances, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safely and well-being secured, and substantial justice done.
4.
In exercising the above-mentioned powers, such board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
(Ordinance 2002-518 adopted 3/5/02)
Generally. Appeals to the board of zoning and adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of zoning and adjustment a notice of appeal specifying the grounds thereof. Said application or petition shall be accompanied by a filing fee of $100 payable to the city clerk of said city. Any unused portion of the filing fee shall be refunded to the applicant according to the regulations and rules adopted by the board of zoning and adjustment. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of zoning and adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning and adjustment or by a court of record on application or [on] notice to the officer from which the appeal is taken and on due cause shown. The board of zoning and adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.
(Ordinance 2002-518 adopted 3/5/02)
Generally. Any person or persons, jointly or severally aggrieved by any decision of the board of zoning and adjustment or any office, department, board, or bureau of the municipality may present to the Circuit Court of Cass County, Missouri, petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the city clerk. Upon presentation of such petition, the court may allow a writ of certiorari directed to the board of zoning and adjustment to review such decision of the board of zoning and adjustment and shall ascribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which will not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, upon application, on notice to the board and on due cause shown, grant a restraining order. The board of zoning and adjustment shall not be required to return the original papers acted upon, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for [in] such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from that shall be verified. If, upon the hearings, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. All issues in an [any] proceedings under Sections XXVIII and XXIX shall have preference over all other civil actions and proceedings.
(Ordinance 2002-518 adopted 3/5/02)
If there is not a functioning board of adjustments, the board of aldermen shall temporarily act as the board of adjustments.
(Ordinance 2002-518 adopted 3/5/02)
1.
Generally.
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of the provisions of this ordinance or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, moving, alteration, conversion, maintenance, or use[,] to restrain, correct, or abate such violation[,] to prevent the occupancy of said building, structure, land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by the zoning authority or other officer authorized to issue building permits, who is empowered to cause any building, structure, place, or premises to be inspected or examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations under authority of this ordinance.
2.
Persons subject to penalties.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in such violation, or who maintains any building or premises in which any violations shall exist shall be guilty of violation of an ordinance, punishable by a fine not less than $10 and not more than $500 for each and every day that such violation continues, but if the offense be willful, upon conviction thereof, the punishment shall be a fine of not less than $100 and, in any case shall include court costs, or by imprisonment for ten days for each and every day the violation shall continue, or by both such fine and imprisonment in the discretion of the court.
3.
Civil penalties.
Any such person having been served with an order to remove any such violation who shall fail to comply with said order within ten days after such service or who shall continue to violate any provisions of the regulations made under authority of this ordinance in respect named in such order, shall also be subject to civil penalty of $100.
(Ordinance 2002-518 adopted 3/5/02)
Zoning authority. The office of the zoning authority is hereby established. The authority shall be an officer or officers designated by the board of aldermen. It shall be the duty of the zoning authority to enforce the provisions of the ordinance. No building or other structure shall be erected, constructed, reconstructed, moved, enlarged, or altered or repaired in such manner as to prolong the life of the building; nor shall the use of any land be changed without first obtaining a permit issued by the authority under the provisions of this ordinance, except that no permit shall be required for ordinary repairs on conforming use structures. Such permit shall be issued only when the request therefor is in conformity with the zoning regulations. Such enforcement officer shall act as the executive secretary of the planning and zoning board and is charged with the administration and enforcement of zoning regulations. Such officer shall forthwith refer all violations of said regulations to the city prosecuting attorney for appropriate action.
(Ordinance 2002-518 adopted 3/5/02)
Generally. Streets, alleys, cemeteries, land, buildings, or premises owned, rented, or leased by the City of Garden City, Missouri, are exempt from provisions of this ordinance while occupied or employed for public purposes in municipal rights, obligations, or pursuits, but such city land or property as may be released by rental or otherwise to private individuals or corporations must comply with applicable zoning regulations.
(Ordinance 2002-518 adopted 3/5/02)