City of Jonesburg, MO District Boundaries And General Regulations

Except as hereinafter provided:

No building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered nor shall any building or land be used for any purpose other than is specifically permitted in the district in which the building or land is located.

No building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building is located.

The minimum lot area, setbacks, yard requirements and other open spaces, including lot areas per family required by this Chapter, shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure whether existing on November 16, 1992, or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure. Table 400.080, Summary of District Standards, below provides a summary of these regulations but is not all inclusive. Reference to other Sections of the Code with additional requirements are noted both in the table and within the regulations for each district. The provisions of Article III, Supplementary Regulations, Section 400.140 through 400.170 also apply.

Table 400.080 Summary Of District Standards⁴
Zoning District	Lot Area and Coverage					Yard Requirements (Setback)			Maximum Building Height
Zoning District	Min. Lot Area	Min. Width @ Bldg. Line (feet)	Min Width @ Street R-O-W (feet)	Min. Depth (feet)	Maximum Coverage of Buildings & Structures (percentage)	Front (feet)⁴	Side (feet)⁴	Rear (feet)⁴	Principal Bldg. (stories/feet)	Other Acc. Structures or Outbuildings (feet)¹
"A" Agricultural	43,560 square feet (for S-F dwellings)	150	150	NA	NA	30	15	30	2 1/2 stories but not more than 35
"R-1" Single-Family Residential²	7,500 square feet	75	75	150		30	8	30	2 1/2 stories but not more than 35	See Section 400.150 for additional regulations
"R-2" Multi-Family Residential²	Same as "R-1" for S-F dwellings 4,000 square feet/unit for 2-F dwellings 3,000 square feet/unit for M-F dwelling	80	50	125		20	8	20	2 1/2 stories but not more than 35	See Section 400.150 for additional regulations
"R-3" Residential	Same as "R-2" for S-F, 2-F, and MF uses. See Section 400.100 regarding manufactured homes.
"C" Commercial	NA	NA	NA	NA	No limit	NA	8³	25 except 50 where abutting an "R" District	3 stories but not more than 45	See Section 400.150 for additional regulations
"I" Industrial	5 AC⁴	NA	NA	NA	No limit	30	8³	None except 50 where abutting an "R" District	3 stories but not more than 45	See Section 400.150 for additional regulations
"PD-R" Planned Residential⁵	2.5 AC	Subject to site plan review (Section 400.183) and approval by the Planning and Zoning Commission and adoption of ordinance by Board of Aldermen and applicable only to the approved site and project. See Section 400.137.
"PD-MXD" Mixed Use	2.5 AC	Subject to site plan review (Section 400.183) and approved by the Planning and Zoning Commission and adoption of ordinance by Board of Aldermen and applicable only to the approved site and project. See Section 400.137.

¹	See Article III, Section 400.145, for additional information regarding area and height requirements.
²	"Shouse," see Sections 400.050 and 400.100 for additional regulations.
³	No side yards are required for non-residential buildings except that where a commercial or industrial lot abuts an "R" District, a side yard of eight (8) feet shall be provided.
⁴	See Article III, Sections 400.140 through 400.175 for additional requirements that may apply to certain uses.
⁵	See Article II, Section 400.137 for requirements and procedures.

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.

All territory which may hereafter be annexed to the City of Jonesburg shall be classified in the "R-1" Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 400.280 of this Chapter.

[Ord. No. 395, 11-6-2023]

The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "A" Agricultural District.

Use Regulations. A building or premises shall be used only for the following purposes:

Permitted and conditional uses as provided for in Section 400.135.

Accessory building or use customarily incidental to any of the above uses.

Church bulletin board or a temporary sign not exceeding twenty (20) square feet in area, appertaining only to the lease, hire or sale of a building or premises, or the sale of products grown and sold on the premises; provided, however, that not more than one (1) sign of the above character shall be permitted on any lot or tract.

Off-Street Parking Requirements. See Article III, Section 400.170.

Building Standards. See Article II, Section 400.080 and Table 400.080 for development standards related to lot area and dimensions, yard area, setback requirements, and building height related. Additional regulations may also apply.

[Ord. No. 395, 11-6-2023]

The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-1" Single-Family Residential District.

Use Regulations. A building or premises shall be used only for the following purposes.

Permitted and conditional uses as provided for in Section 400.135.

Temporary signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located.

Accessory buildings and uses, including, but not limited to, accessory private garages, servants' quarters, guest houses, swimming pools, home barbecue grills, customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area for permitted public and semi-public uses, accessory storage, and accessory off-street parking and loading spaces.

Manufactured homes, meeting the design standards of Subsection (C) of this Section.

Floor area of the dwelling, exclusive of garage, carports, porches, or decks must be at least one thousand (1,000) square feet on all new construction.

6.

"Shouse" as per definition in Section 400.050, only provided the following conditions are met:

The subject property has an area of three (3) acres or greater; and

The subject property is not located within a platted subdivision; and

The following architectural features are provided:

Residential style windows and doors shall be provided upon the primary elevation. If an overhead door is proposed on the primary elevation, it shall not be required to provide windows.

A pitched roof shall be provided on the entire structure; and

The dwelling portion shall be completed at the same time as the storage/workshop portion and shall meet all applicable standards for single-family dwellings in Section 400.140 and Section 400.150.

7.

Short-term rental of single-family homes or two-family dwelling units as defined in Section 400.050 under "lodging establishment" are subject to issuance of a conditional permit in accord with the provisions of Article VI, Section 400.275.

Design Standards For Manufactured Homes. Single-family dwellings which are of the type which meet the definition of "manufactured home," as provided for in this Chapter, shall meet the minimum requirements set forth below:

At least forty percent (40%) of the roof must be double-pitched at least three (3) in twelve (12) or greater and covered with material that is residential in appearance, including, but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass, or metal roofs. Except for permitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches.

Exterior siding shall be made of non-reflective materials, cannot have a high-gloss finish and must be residential in appearance, including, but not limited to, wood or Masonite lap or vertical groove siding, simulated lap siding, such as conventional vinyl or metal siding, wood shingles, shakes, brick, stone or similar materials, or any combination of these materials, but excluding smooth, ribbed, or corrugated metal or plastic panels. The exterior siding material shall extend to the ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

Color and texture of exterior materials shall be compatible with single-family structures in the surrounding neighborhood.

The home must be placed on a permanent foundation that provides for vertical loads, uplift, and lateral forces and which foundation must either be a slab or contain a solid perimeter wall in all installations in which the finished floor is more than six (6) inches above the finished grade at any point.

All tow bars, wheels, and axles used to transport the unit to the site shall be removed when the dwelling is installed on a residential lot.

6.

The unit must be oriented on the lot so that its long dimension is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so the narrow dimension of the unit, as so modified and facing the street, is not less than fifty percent (50%) of the unit's long dimension.

7.

The home must be at least twenty-two (22) feet in width; this standard is intended to restrict units to the type which are brought to the site in parts of typically two (2) halves.

8.

Floor area of the unit, exclusive of garage, carports, porches, or decks, must be at least one thousand (1,000) square feet.

Off-Street Parking Requirements. See Article III, Section 400.170.

Building Standards. See Article II, Section 400.080 and Table 400.080 for development standards related to lot area and dimensions, yard area, setback requirements, and building height related. Additional regulations may also apply.

[Ord. No. 395, 11-6-2023]

The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-2" Multi-Family Residential District.

Use Regulations. A building or premises shall be used only for the following purposes:

Permitted and conditional uses as provided for in Section 400.135.

Nursing home premises must comply with Section 400.170(A)(6) of this Chapter, pertaining to off-street parking. Front and rear yards of thirty (30) feet minimum and side yards of fifteen (15) feet minimum must be provided.

Short-term rental of single-family homes or two-family dwelling units as defined in Section 400.050 under "lodging establishment" are subject to issuance of a conditional permit in accord with the provisions of Article VI, Section 400.275.

Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 400.170.

Off-Street Parking Requirements. See Article III, Section 400.170.

Building Standards. See Article II, Section 400.080 and Table 400.080 for development standards related to lot area and dimensions, yard area, setback requirements, and building height related. Additional regulations may also apply.

[Ord. No. 395, 11-6-2023]

The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "R-3" Residential District.

Use Regulations. A building or premises shall be used only for the following purposes:

Permitted and conditional uses as provided for in Section 400.135.

Short-term rental of single-family homes or two-family dwelling units as defined in Section 400.050 under "lodging establishment" are subject to issuance of a conditional permit in accord with the provisions of Article VI, Section 400.275.

Multi-family dwelling units shall not be used for short-term rental purposes.

Off-Street Parking Requirements. See Article III, Section 400.170.

Building Standards. See Article II, Section 400.080 and Table 400.080 for development standards related to lot area and dimensions, yard area, setback requirements, and building height related. Additional regulations may also apply.

[Ord. No. 395, 11-6-2023]

The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "C" Commercial District.

Use Regulations. A building or premises shall be used only for the following purposes:

Permitted and conditional uses as provided for in Section 400.135.

Accessory buildings and uses.

Commercial buildings of more than one (1) story may have a single-family, two-family, or multi-family use on the upper floor(s) but any residential units shall comply with all Jonesburg Code requirements for construction of residential housing and all fire safety requirements.

Off-Street Parking Requirements. See Article III, Section 400.170.

Building Standards. See Article II, Section 400.080 and Table 400.080 for development standards related to lot area and dimensions, yard area, setback requirements, and building height.

Buffer Requirements Adjacent To Residential Properties. See Section 400.165 for buffer requirements for new or expanded commercial development adjacent to residentially zoned properties.

[Ord. No. 395, 11-6-2023]

The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations in the "I" Industrial District.

Use Regulations. A building or premises shall be used only for the following purposes:

Permitted and conditional uses as provided for in Section 400.135.

Accessory buildings and uses, including accessory signs and advertising structures related to the activity conducted on the premises, but with total sign area not to exceed one hundred (100) square feet.

Off-Street Parking Requirements. See Article III, Section 400.170.

Building Standards. See Article II, Section 400.080 and Table 400.080 for development standards related to lot area and dimensions, yard area, setback requirements, and building height.

Buffer Requirements Adjacent To Residential Properties. See Section 400.165 for buffer requirements for new or expanded industrial development adjacent to residentially zoned properties.

F.

Performance Standards.

All industrial operations shall be conducted within a fully enclosed building.

All storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard so screened by berms, dense vegetative plantings, sight-proof fences, or brick or decorative masonry walls, or combinations of these materials at least eight (8) feet in height so that said materials and equipment are not visible at the grade of the nearest adjacent street, or at the nearest property lines adjacent to any residentially or commercially zoned property.

Storage of all hazardous materials must be handled in accordance with U.S. Environmental Protection Agency and Missouri Department of Natural Resources standards and requirements.

Structure Construction Materials In Light Industrial District.

No building shall be constructed or erected having the exterior walls constructed of a material other than brick or stone masonry, concrete tilt-up, metal siding, or other material approved by the International Building Code (IBC) enforced by the City. In the event metal construction is used, a minimum of forty-eight (48) inches measured vertically from the foundation of the exterior facade on all elevations visible from a public street or other roadway shall be faced with brick or stone masonry. If concrete tilt-up is used, the exterior wall face shall be patterned to breakup the wall surface and painted in a subdued color (grey, beige, light tan, ivory, etc.).

The provisions of this Section shall not apply in the erection or construction of the following:

Temporary one-story frame building for use by a builder, contractor, or developer.

Standard fences.

(3)

Any one-story frame accessory structure or building, such as unattached garages or storage buildings, which do not exceed eight hundred (800) square feet in area.

(4)

No reconstruction or addition to the original structure shall necessitate the use of masonry or faux masonry if not in keeping with original materials and character of the original or principal structure.

[Ord. No. 395, 11-6-2023]

The intent and purpose of this Section is to provide in a consolidated location a listing of the land uses permitted by right and conditionally permitted with the zoning districts established in Sections 400.060 through 400.130 of this Chapter.

The land uses permitted by right or subject to the Conditional Use Regulations of Article VI of this Code within each district as set forth in Article II, Sections 400.060 through 400.130 above, are listed in the Jonesburg Zoning District Land Use Table that follows in this Section.

If a particular land use is being requested by a property owner for development within a particular district and that use is not listed in the table, then the North American Industry Classification System (NAICS) is intended to be the determining source for identifying the type of use by referring to the sub-sector data from the NAICS listing to make such determination. The NAICS was jointly developed by the United State Office of Management and Budget through its Economic Classification Policy Committee and The Instituto Nacional de Estadistica y Geografia of Mexico and Statistics Canada.

This procedure is provided in order to establish a recognized system of identification of land uses by both general and specific type, and to provide a way in which to determine the category or use type that a particular land use is within the City of Jonesburg. The most recent version of the NAICS is from 2022. However, as the nature of land uses change, this system is updated from time to time and therefore subject to change. The most recent published version of the NAICS will be the determining source for the purposes of this Section of the Zoning Code. However, the ultimate determination of the permission of a use by right or by conditional use permit will ultimately be controlled by the provisions of this Chapter and other related Chapters of the Municipal Code that may apply.

ARTICLE II SECTION 400.135 PERMITTED AND CONDITIONAL USES BY ZONING DISTRICT
P = Permitted use
P* = Use is permitted subject to stipulations. See district regulation for details.
C = Conditional use
C* = Use is conditional and subject to additional stipulations and requirements related to the specific use. See district regulations for details and reference to requirements of other Chapters of this Code.
Land Use Type	A	R-1	R-2	R-3	C	I
AGRICULTURAL
Farms	P				P
Nurseries and greenhouses	P					P
Grain elevators or other storage structures	P
Kennels — boarding	P
Riding stables	P
Roadside stands (sale of farm products produced on the premises)	P
Sale and distribution of agricultural products (other than machinery) used for agricultural purposes	P
Truck gardens	P
RESIDENTIAL
Dwelling, single-family attached (or on an upper floor of a commercial structure)		P	P	P
Dwelling, single-family detached	P	P	P	P
Dwelling, two-family (or on an upper floor of a commercial structure)			P	P	P
Dwelling, multi-family (or on an upper floor of a commercial structure)				P	C
Group care homes (See Section 400.050)		P*	P*	P*	P*
Foster home (See Section 400.050)	P	P	P	P
Home occupations (as defined in Section 400.050 of this Chapter and subject to the provisions of Sections 400.175 and Article IV of this Chapter)		P*	P	P*	P*
Manufactured homes (See Section 400.050)		P*	P*	P*
Nursing home (See Section 400.050)		P	P	P	P	C
Residential care facility for the elderly (See Section 400.050)			P	P	P	C
Short-term rentals within single-family and two-family housing Units (See Section 400.050 under lodging establishments)		C	C	C
"Shouse" (See Section 400.050)		P*	P*	P*
Substance abuse treatment facility - inpatient residential (See Section 400.155)					P*
COMMERCIAL
Abstracting and title services					P	P
Accounting and bookkeeping services					P	P
Adult entertainment businesses (See Title VI, Chapter 620)					C*	C*
Advertising services, direct mail					P	P
Advertising services, general					P	P
Alterations, pressing and garment repair services					P
Animal hospital services					P	P
Antiques (retail)					P
Apparel and accessories (retail)					P
Appliances and electronics stores (retail)					P
Appliance repair services					P
Architectural, engineering and planning professional services					P	P
Art galleries retailing art					P
Automobile dealers (new and used vehicles)					P
Automobile, truck, and equipment rental services					P	P
Automobile tires, parts, accessories and supplies (retail)					P	P
Automobile wash and detailing services					P
Bakeries (retail)					P
Banking services					P
Barber services					P
Beauty services					P
Bicycles (retail)					P
Billiard parlors					C
Blueprinting and photocopying services					P	P
Books and magazines (retail)					P
Bowling					P
Building materials (retail)					P	P
Business and management consulting services					P	P
Business associations					P	P
Cameras and photographic supplies (retail)					P
Candy, nut and confectionery (retail)					P
China, glassware and metalware (retail)					P
Chiropractors, optometrists, and other similar health services					P
Cigarettes and cigars (retail)					P
Clock, watch and jewelry repair services					P
Commodity and security brokers, dealers and exchanges and services					P
Convenience stores					P
Convenience stores (with gasoline sales)	C
Credit unions and agricultural, business and personal credit service					P
Crematory, funeral and mortuary services					P
Curtains, draperies and upholstery (retail)					P
Dairy products (retail)					P
Dental laboratory services					P	P
Dental services					P
Department stores (retail)					P
Direct selling organizations (retail)					P
Discount and variety stores (retail)					P
Drug stores (retail)					P
Dry cleaning and laundering, self service					P
Dry goods and general merchandise (retail)					P
Duplicating, mailing and stenographic services					P	P
Educational and scientific research services					P	P
Electrical motors and equipment maintenance and repair						P
Electrical supplies (retail)					P
Employment services					P
Fish and seafoods (retail)					P
Floor coverings (retail)					P
Florists (retail)					P
Furniture (retail)					P
Furniture repair and re-upholstery services					P	P
Garden supplies and landscape nursery (retail)					P	P
Gasoline service stations (retail)					P
General stores (retail)					P
Gifts, novelties and souvenirs (retail)					P
Glass, paint and wallpaper (retail)					P
Grocery stores and supermarkets (retail)					P
Hardware (retail)					P
Health and exercise spas					P
Hearing aids, optical goods, orthopedic appliances and other similar devices (retail)					P
Hobby supplies (retail)					P
Holding and investment services					P	P
Ice cream and frozen desserts (retail)					P
Insurance agents and brokers services					P
Jewelry (retail)					P
Landscape nursery and garden supplies (retail)					P
Legal services					P	P
Light repair shops for garden equipment or small home appliances					P	P
Liquor (retail)					C*
Locksmith services					P
Lodging establishments (not including short-term rentals as defined in Section 400.050)					P
Magazines and newspapers (retail)					P
Marijuana dispensaries/sales (subject to the provisions of Section 400.150)					C	C
Massage services (therapeutic)					C*	C*
Meats — retail					P	P
Medical clinics, out-patient services	C				P
Medical laboratory services	C				P	P
Mortuaries and funeral homes					P
Musical instruments and supplies (retail)					P	P
Periodicals, publishing and printing					P
Pets and pet grooming services					P
Photofinishing services					P	P
Physician's services	C				P
Real estate agents, brokers and management services offices					P
Research, development and testing services						P
Restaurants, cafeterias, and catering establishments (except drive-in type establishments serving customers in parked vehicles)					P
Restaurants (with drive-through service)					C
Savings and loan associations					P
Schools (private professional types such as barber, beauty, computer, dancing, driving, music, etc.)					P	P
Schools, nursery and day care centers (not owned and operated by public or church entities)					P
Shoe repair, shoe-shining and hat cleaning services					P
Shoes (retail)					P	P
Sporting goods (retail)					P
Stationery (retail)					P
Substance abuse treatment facility — out-patient (See Section 400.155.)					P*
Tailoring (custom)					P
Taverns and bars with food service					C*
Telephone business office					P
Telephone exchange stations					P	P
Television broadcasting studios					P	P
Temporary real estate sales offices (subject to Section 400.150)		P	P	P	P	P
Theaters, motion picture, indoor					P
Travel arranging services					P
Veterinarian services and clinics (not including kennels)					P
INDUSTRIAL
Automobile repair garages					C	P
Beverage blending or bottling, bakery products, candy manufacture, dairy products and ice cream, fruit and vegetable processing and canning, packing and processing of fish, meat and poultry products						P
Farm machinery and equipment sales and repair						P
General service and repair establishments (including dyeing and cleaning works or laundry, plumbing and heating, printing, painting, upholstering, tin smithing or appliance repair shop)					C	P
Manufacture or assembly of:
Medical and dental equipment, drafting, optical, and musical instruments, watches, clocks, toys, games, electrical or electronic apparatus.						P
Boats, bolts, nuts, screws, and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, precision castings, machinery and hardware products, sheet metal products, and vitreous enameled products.						P
Rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods.						P
Boxes, furniture, cabinets, baskets, and other wood products of similar nature.						P
Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.						P
Roofing products						P
Marijuana growth, processing, and testing (Subject to the provisions of Section 400.150)						P
INSTITUTIONAL
Churches, synagogues and temples	P	P	P	P	P	P
Convents		C	C	C	C
Hospitals and out-patient clinics	P				P	P
Labor unions and similar labor organizations					P	P
Out-patient facilities for the treatment of alcohol and drug abuse, and similar uses, excluding penal institutions					C	C
PUBLIC and SEMI-PUBLIC
Art galleries and museums (public)					P	P
Auditoriums (associated with public or private schools or corporate office buildings)	P	C	C	C	P	P
Automobile parking garages or lots (associated with a particular use and without a fee charge)					C	P
Cemeteries	P	P	P	P	P	P
Civic, social and fraternal associations and private clubs	P			P	C	P
Day care centers/nursery schools (not associated with public or private schools)					P	P
Electricity regulating substations	P	P	P	P	P	P
Fire protection and related activities				P	P	P
Libraries					P	P
Municipally (City) owned or operated facilities	P*	P*	P*	P*	P*	P
Museums					P	P
Public buildings or facilities erected and used by a department of the County, State, or Federal governments	P				P	P
Public works operations and maintenance facilities (owned and operated by the City)	P*				P	P
Public utility facilities owned by a State or Federally regulated utility					P	P
Radio, television, satellite, and microwave transmitting and receiving stations, antennae and towers	P*	P*	P*	P*	P*	P*
Schools (operated by public entities including pre-K and kindergarten, elementary, secondary, junior college, college, university, technical/vocational)	P	P	P	P	P	P
Schools (operated by private and/or not-for profit entities, including day care, pre-K and kindergarten, elementary, secondary, junior college, college, university, technical/vocational)		C	C	C	P	P
Schools (operated by and affiliated with religious institutions and entities including day care, pre-K and kindergarten, elementary, secondary, junior college, college, university, technical/vocational)	P	P	P	P	P	P
Social, correctional, treatment and counseling services					P	P
Theaters, legitimate					P
Water storage (operated by public utilities)						P
Wireless communication facilities and support structures	P*	P*	P*	P*	P*	P*
RECREATION
Athletic field or playfields (associated with public or private schools and City parks)	P	P	P	P	P	P
Community centers (municipally owned)	P	P	P	P	P	P
Fitness centers (commercially operated)					P	P
Golf courses and country clubs	P
Gymnasium, soccer, and other athletic clubs (not ancillary to schools, colleges, or universities)					P	P
Parks and playgrounds, public	P	P	P	P	P
Penny arcades, game stores, other arcade-type entertainment					P
Recreation centers (not publicly owned)					P	P
Swimming clubs (not associated with country clubs or subdivision facilities)			C	C	P	P
Tennis and soccer clubs					P	P

[Ord. No. 395, 11-6-2023]

Intent And Purpose. The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.

The Board of Aldermen, upon recommendation by the Planning and Zoning Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts or where effective redevelopment of a property or area entails a mix of uses. These planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The Board of Aldermen may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards to achieve one (1) or more of the following objectives:

Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property.

Functional and beneficial uses of open space areas.

Preservation of natural features of a development site.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

Promotes the use of high-quality building materials for all structures and use types, employs architectural design compatible with the surrounding area, and avoids the use of design or color elements that are garish.

6.

Providing for housing types that are not presently found in the City and multi-family development as a component of development or redevelopment to provide a mixed-use environment in the City's commercial districts.

7.

Rational and economical in relation to public utilities and services.

8.

Efficient and effective traffic circulation, both within and adjacent to the development site.

Relationship Of Planned Development Districts To Zoning Map.

A Mapped District. The "PD" designation is not intended to be attached to existing zoning districts as an overlay. The "PD" designation, as detailed in this Section, is a separate use district and may be attached to a parcel of land through the process of rezoning and Zoning Map amendment.

Plan Approval Required. It is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section, the provisions of Article VII, Section 400.280 of this Chapter, and, if applicable, Chapter 410, Subdivision Regulations, of the Municipal Code.

Coordination with Chapter 410, Subdivisions Regulations, of the Municipal Code.

When a planned development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Chapter 410 of the Municipal Code shall be carried out simultaneously with the review of a planned development under this Section of this Chapter. As applicable, reference is made to requirements in Chapter 410 of the Municipal Code within this Section. With regard to these references, said Title may contain the term "plat," which under the "PD" District requirements is intended to be synonymous with "plan" as appropriate.

Since obtaining a "PD" District designation requires a map amendment (rezoning), the requirements and procedures of Section 400.280, Zoning Map and Text Amendments, of this Title shall apply.

Types Of Planned Developments. An area approved for the "PD" designation shall be assigned one (1) of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this Section and is in keeping with the objectives as stated in Section 400.137(A.) above.

Planned Development — Residential (PD-R): Planned developments involving residential uses of any type.

Planned Development — Mixed Use (PD-MXD): Planned developments involving residential uses and commercial uses within the same development either in separate buildings or within the same building.

Permitted Uses. The permitted uses for all Planned Development Districts as provided for in Subsection (D) above are those as provided for in Section 400.135 of this Chapter in the "R-1," "R-2," "R-3," or "C" Districts.

F.

Minimum Planned Development Site Size. The minimum site size for any of the Planned Development Districts shall be as follows:

"PD" District	Minimum Site Size in Acres
PD-R	2.5
PD-MXD	2.5

These minimum site sizes may be waived by the Board of Aldermen upon report by the Planning and Zoning Commission; if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the Board of Aldermen should determine such waiver to be in the public interest.

G.

Density and dimensional regulations and performance standards.

General Standards. The approval of the site plan for such projects may provide for exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No planned development shall be allowed which would result in:

Inadequate or unsafe vehicular access to the development.

Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing "level of service D" as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers.

An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.

A failure to comply with the standards contained in this Title or other provisions of the Municipal Code.

e.

Other detrimental impacts on the surrounding area including, but not limited to, visual pollution.

In addition to the above requirements, all planned developments shall be subject to the review criteria established in Section 400.183 of this Chapter. It shall be the responsibility of the applicant to clearly establish that the above requirements are met.

Other Codes. All requirements of other codes and ordinances of the City (e.g., Building Code) shall be applicable. The City may require the developer to provide evidence from third-party professionals to ensure that site and building plans comply with reasonable building and fire code standards.

Planned Development — Residential (PD-R):

Design and Density Requirements.

The density of any residential development shall be determined based on the proposed site plan and accompanying documents submitted by the developer but will ultimately be determined via the site plan review process and recommendation of the Planning and Zoning Commission and adoption of an ordinance by the Board of Aldermen that establishes the "PD-R" zoning designation and the project site plan and any accompanying conditions.

The side or rear yard requirements for the underlying existing residential district is required for any side of the development that abuts another residential district. For example, a planned residential development proposed within any "R" Residential District may be approved for density development based on the site plan review process, but the side or rear yard requirements of any adjacent "R" District shall apply to the portion or edge(s) of the development abutting that district.

Development Phasing. If the sequence of construction of various portions of the development is to occur in stages, then any proposed open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the Board of Aldermen. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved "PD-R" District.

Non-Residential Uses in PD-R Developments. Non-residential uses are limited to those that are part of the approved development site plan and are limited to recreational uses, community-use/clubhouse buildings for the use of development residents, or buildings used to store development maintenance equipment or a management office. Such non-residential uses shall be subject to all requirements for lot area, width, height, yards, and setbacks prescribed in the district in which the proposed PD-R development is located.

Planned Development — Mixed Use (PD-MXD). The PD-MXD regulations are intended to provide for planned development that combines commercial, residential, and/or office uses within a parcel or an area.

Commercial uses are those as permitted in the "C" District as specified in Section 400.135 of this Chapter.

A multi-family development may consist of one (1) structure or multiple structures used for residential purposes and are encouraged but not required to provide some portion of the ground floor area dedicated to retail, service, or office businesses.

No residential unit as part of a PD-MXD master development plan, whether leased to a tenant or owned in cooperative or condominium form shall be used for short-term rental purposes. Buildings developed for tenant occupancy shall require leases of not less than six (6) months.

Density: Shall be established in accord with the site plan approval process as set forth in Section 400.183 of this Chapter.

e.

Multi-family residential (rental or condominium) density shall not exceed thirty (30) dwelling units per acre except upon recommendation of the Planning and Zoning Commission and approval of the Board of Aldermen as part of the site plan review and approval process.

Where abutting an existing residential district, the side or rear yard requirements shall be not less than those applicable to those in the abutting existing residential district.

For proposed developments, building heights shall not be greater than five (5) stories but in no event shall be greater than the ability of local fire protection entities to service. Heights shall be measured from the first floor of the building for tenant occupancy at the adjacent grade (on sloping sites, a parking garage under the first floor of the building would not count in determining building height).

(3)

Parking ratios shall not be less than one and five-tenths (1.5) spaces per unit [including required handicapped spaces, an allocation of visitor spaces equal to one (1) space for every six (6) units, one (1) space for loading/move-in/move-out, and one (1) space designated and suitable for trash containers that is to be enclosed].

f.

Signage: (See Article IX, Sections 400.310 through 400.030, of this Chapter).

H.

Site Plan Review. All planned development projects are subject to site plan review and approval as required under the provisions of Section 400.183 of this Chapter.

I.

Effect of Approval of Master Development Plan and Period of Validity.

All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived because of a subsequent change in ownership of any or all said area.

Approval of the site plan shall be valid for a period of two (2) years form the date of Board of Aldermen approval. If the development approved by the site development plan has not been initiated for all or a geographic portion of the plan designated as a phase of the development, then a resubmission of the master development plan shall be required if the applicant intends to construct the development as originally approved. The Board of Aldermen, upon recommendation from the Planning and Zoning Commission, may grant up to a one (1) year extension, from the date that the period of validity expired. The Board of Aldermen may reject such resubmission of the same development plan considering new facts and circumstances relating to the site plan.

In no case shall a building permit be issued prior to site plan approval.

At such time the period of validity has expired, the Planning and Zoning Commission resolution approving the master development plan shall become null and void. The Board of Aldermen may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of Section 400.280 of this Chapter.

J.

Recording Of Site Plan. After the final site plan (and subdivision plat, if applicable), and other associated documents have been approved by the Board of Aldermen, the applicant shall record the final site plan with Montgomery County.

K.

Amendments To The Site Plan.

Minor Changes. Minor changes in the location, siting and height of buildings and structures may be authorized by the Zoning Enforcement Officer if required by engineering or other circumstances not foreseen at the time the final plan was approved.

No change authorized by this Section shall cause any of the following:

A change in the use or character of the development;

An increase in building or site coverage;

An increase in the intensity of use (e.g., number of dwelling units);

An increase in vehicular traffic generation or significant changes in traffic access and circulation;

e.

A reduction in approved open space or required buffer areas; or

f.

A change in the record plat of any subdivision involved with the planned development.