[Ord. No. 3646, 2-9-2021]
A.
The following specified streets within the City of Bolivar, Missouri,
are hereby classified as follows for the purposes of all Titles of
the City's Municipal Code:
2.
Streets Classified As Minor Arterial Streets.
a.
East and West Aldrich Road.
b.
Tower Drive.
c.
Killingsworth Avenue.
d.
West Parkview Street.
e.
West Forest Street.
f.
South Boston (Mt. Gilead to Aldrich Road).
g.
North and South Main Avenue (Buffalo to 32 Highway).
h.
South Pike (Aldrich Road to Jefferson).
i.
North Pomme De Terre (D Highway).
3.
Streets Classified As Collector Streets.
a.
Mt. Gilead Road.
b.
South Lillian Avenue.
c.
North and South Oakland Avenue.
d.
East Buffalo Street.
e.
North Springfield Avenue (Springfield Avenue to Locust Street).
f.
North Market Avenue (Market Avenue to Locust Street).
g.
East and West Locust Street.
h.
East Division Street.
i.
East Harford Avenue.
j.
West South Street.
k.
Jones Street.
l.
South Morrisville Road.
m.
North Albany Avenue.
n.
100-200 South Missouri.
o.
West Fairplay Street (32 Highway to Oakland Avenue).
[R.O. 2009 § 410.050; Ord. No. 782 § 1 (Zoning Regs. Art. 2 § 1), 7-31-1980]
In order to classify, regulate and
restrict the location of trades, industries and the location of buildings
designed for specified uses; to regulate and limit the height and
bulk of buildings; to regulate and limit the intensity of the use
of lots; to regulate and determine the area of yards and other open
space surrounding buildings; and to regulate and restrict the density
of population, the zoning area is hereby divided into districts designated
as follows:
"A-L" Agricultural District
"R-1" Single-Family Dwelling District
"R-2" Single-Family Dwelling District
"R-3" Two-Family Dwelling District
"R-4" Multiple-Family Dwelling District
"MHS" Manufactured Home Subdivision
District
"MHD" Manufactured Housing Development
District
"C-O" Office and Institution District
"C-S" Highway Service District
"C-1" Neighborhood Shopping District
"C-2" General Commercial District
"C-3" Central Business District
"I-1" Light Industrial District
"I-2" Heavy Industrial District
"P" Planned Development District
"PS" Parks and Public Service District
[R.O. 2009 § 410.060; Ord. No. 782 § 1 (Zoning Regs. Art. 2 § 2), 7-31-1980]
The boundaries of the districts are
shown on the Map and/or sections thereof attached hereto and made
a part of this regulation, which map is designated as the District
Zoning Map and on file in the City offices. The District Zoning Map
and all the notations, references and other information shown thereon
are a part of this regulation and have the same force and effect as
if said map and all the notations and references and other information
shown thereon were all fully set forth or described herein. The District
Zoning Map is properly attested and is on file in the office of the
Clerk having jurisdiction.
[R.O. 2009 § 410.070; Ord. No. 782 § 1 (Zoning Regs. Art. 2 § 3), 7-31-1980]
Notwithstanding the procedures set
forth in the Revised Statutes of the State of Missouri concerning
voluntary annexation, all voluntary annexations shall, in addition
thereto, adhere to the procedures set forth within this Section. A
petition for voluntary annexation shall include a request for establishing
a zoning classification district(s) upon the property, tract or lots
that are subject to the voluntary annexation petition. Following the
public hearing concerning the voluntary annexation petition before
the Governing Body, the Planning and Zoning Commission shall consider
and make recommendation to said Governing Body whether the requested
zoning classification is appropriate for the subject property. Upon
receipt of said recommendation, the Governing Body shall consider
under one (1) ordinance the issue of annexation and the establishment
of the requested zoning classification district.
[R.O. 2009 § 410.080; Ord. No. 782 § 1 (Zoning Regs. Art. 2 § 4), 7-31-1980]
A.
Where uncertainty exists with respect to
the boundaries of the various districts shown on the map accompanying
and made a part of this regulation, the following rules apply:
1.
The district boundaries are the centerline
of either streets or alleys unless otherwise shown.
2.
Where the property has been or may
hereafter be divided into blocks and lots, the district boundaries
shall be construed to be the lot lines and where the districts designated
on the map accompanying and made a part of this regulation are bounded
approximately by lot lines, the lot lines shall be construed to be
the boundary of the district unless the boundaries are otherwise indicated
on the map.
3.
In unsubdivided property, the district
boundary lines on the map accompanying and made a part of this regulation
shall be determined by the use of the scale appearing on the map.
[R.O. 2009 § 410.090; Ord. No. 782 § 1 (Zoning Regs. Art. 2 § 5), 7-31-1980; Ord.
No. 3543, 7-9-2019]
A.
The following structures and uses shall
be exempt from the provisions of these Zoning Regulations, unless
located in the single-family dwelling districts (specifically the
"R-1" and "R-2" Districts), including the rights-of-way in such districts:
1.
Poles, wires, cables, conduits, vaults,
laterals, pipes, mains, valves or other similar equipment for the
distribution to consumers of telephones and other communications,
electricity, gas or water or the collection of sewage or surface water
operated or maintained by a public utility, but not including substations
located on or above the surface of the ground.
2.
Railroad tracks, signals, bridges
and similar facilities and equipment located on a railroad right-of-way
and maintenance and repair work on such facilities and equipment.
[R.O. 2009 § 410.100; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "A-L"
Agricultural District §§ 1 – 9), 7-31-1980; Ord. No. 2998 § I, 7-14-2011]
A.
Intent And Purpose Of District. It is the intent of the "A-L" Agricultural District to protect agricultural uses in the zoning area through control and density, land use and land coverage. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "A-L," no structure or land shall be used and no structure altered, enlarged or erected which is arranged, intended or designed for other than one (1) of the uses listed in Subsection (C) below.
C.
Use Regulations.
1.
General agricultural operations,
but this shall not include or permit:
a.
The spreading, accumulation, feeding
or use of garbage in any manner on the open surface of the land.
b.
A use or activity engaged in within
three hundred (300) feet of a residential or retail business structure
if such use or activity results in continuous odor, dust or noise.
c.
The construction of agricultural
buildings or structures closer than ninety (90) feet to the centerline
of a principal public way.
2.
Single-family dwellings on land that
is used or intended to be used only for agricultural purposes.
3.
Public parks, playgrounds, recreation
areas and community buildings owned and operated by a public agency.
4.
Churches, synagogues and similar
places of worship.
5.
Farms and ranches.
6.
Golf courses, except miniature and
pitch and putt golf courses and driving tees operated for commercial
purposes.
7.
Greenhouses and nurseries.
8.
Institutions of higher learning,
including dormitory accommodations, when located on the same tract
as the educational buildings.
9.
Home occupations.
10.
Public buildings, including libraries
and museums.
11.
Stands for the sale, at retail, of
agricultural products or commodities raised on the premises.
12.
Accessory buildings and uses customarily
incidental to any of the above.
13.
Exploration and extraction of oil
and natural gas.
14.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not restricted to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
a.
Airports and heliports.
b.
Cemetery, crematory or mausoleum.
c.
Hospitals, isolation homes, penal
institutions, sanitariums or asylums for the insane or feeble-minded.
d.
Development of natural resources
and extraction of raw materials such as rock, gravel, sand, etc.
e.
Nursing and care homes subject to
inspection and license requirements.
f.
Seasonal or temporary uses such as
recreation camp or similar enterprises.
g.
Telephone exchange, electric substations
or similar public utilities.
h.
Any public building or land used
by any department of the City, County, State or Federal Government.
i.
Animal feed lots subject to the license
requirements of the State and subject to the following minimum sanitation
and odor practices. (The intent is to establish a healthful environment
around the feed lot.)
(2)
Drainage.
(a)
All ground surfaces
within pens shall be so graded and compacted to ensure proper drainage.
(b)
Surface runoff shall
be so controlled that no appreciable amount of soil and manure is
carried into any roadway ditch or drainage area where it will deposit
and form sludge banks where flies and mosquitoes can breed.
j.
Exploration and extraction of oil
and natural gas.
k.
Public or parochial schools, elementary,
junior high and high schools and private schools with equivalent curriculum.
l.
Bed-and-breakfast establishments.
m.
Radio or television transmitters.
n.
Private clubs (as defined in these
regulations).
o.
Kennels, breeding and boarding, provided
that:
(1)
The minimum lot size
shall be not less than two (2) acres.
(2)
No kennel buildings
or runs shall be located nearer than seventy-five (75) feet to any
property lines.
(3)
All kennel runs or open
areas shall be screened around such areas or at the property lines
to prevent the distraction or excitement of the dogs. Such screen
may be mature, dense, deciduous foliage (double row), solid masonry,
brick or stone wall, louvered wood, stockade or chain link fence with
aluminum strip intertwined or other equivalent fencing providing a
sight barrier to the dogs.
p.
Privately owned parks, playgrounds,
golf courses or other outdoor recreational areas, such as campgrounds,
youth camps, gun clubs and archery, trap and skeet ranges.
q.
Riding stables and academies, providing
no structure housing horses shall be located nearer than six hundred
(600) feet to the boundary of any residential district.
D.
Intensity Of Use Regulations. Every lot
shall not be less than three (3) acres and a lot width of not less
than two hundred fifty (250) feet. [Corner lots shall not be less
than three hundred (300) feet in width. For lots within a cul-de-sac
— width shall be measured along radius at the front yard setback
line.]
[Ord. No. 3879, 8-22-2023]
E.
Height Regulations. No building or structure
shall exceed the following height restrictions:
1.
When the building or structure is
within one hundred fifty (150) feet of a residential district zone,
said building or structure shall not exceed thirty-five (35) feet
in height.
2.
When the building or structure is
more than one hundred fifty (150) feet from a residential district
zone, said building shall not exceed eighty (80) feet in height.
3.
Public and semisolid buildings, public
service and institutional buildings, hospitals, schools, churches
and similar places of worship are permitted two (2) feet of additional
height for each one (1) foot of additional front building setback.
F.
Yard Regulations.
1.
Front Yard. The front yard shall
be a minimum of thirty (30) feet in depth measured from the front
lot line or, on collector streets, measured sixty (60) feet from the
center line of the street or, on minor arterial streets, measured
seventy (70) feet from the center line of the street or, on major
arterial streets, measured eighty (80) feet from the center line of
the street, whichever front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
2.
Side Yard. There shall be a side
yard of not less than fifteen (15) feet on each side of every single-family
dwelling and accessory use. All other permitted and conditional uses
shall provide a minimum side yard of fifty (50) feet.
3.
Rear Yard. There shall be a rear
yard of not less than fifty (50) feet.
[R.O. 2009 § 410.110; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "R-1"
Single-Family Dwelling §§ 1 — 9), 7-31-1980; Ord. No. 2998 § II, 7-14-2011]
A.
Intent And Purpose Of District. The "R-1" Single-Family Dwelling District is established for the purpose of low-density, single-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "R-1,"
no structure or land shall be used and no structure shall be erected,
altered or enlarged which is arranged, intended or designed for other
than one (1) of the uses listed in the use regulations.
C.
Use Regulations.
1.
Single-family dwellings.
2.
Public parks and recreational areas
and community buildings owned and operated by a public agency.
3.
Churches, synagogues and other similar
places of worship.
4.
Accessory buildings and uses.
5.
Public and parochial schools.
6.
Home occupations as permitted by
and subject to the Supplementary District Regulations.
7.
Group Homes. No group home shall
be located within one thousand five hundred (1,500) feet of another
group home. The exterior appearance of the home and property shall
be in reasonable conformance with the general neighborhood standards.
Group homes shall be eleemosynary or not-for-profit in nature.
8.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not restricted to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
[Ord. No. 3744, 6-7-2022]
D.
Intensity Of Use Regulations. Every lot
or tract of land shall have an area of not less than nine thousand
(9,000) square feet and minimum street frontage of not less than seventy
(70) feet. [A corner lot's minimum street frontage shall be not less
than ninety (90) feet in width. For lots within a cul-de-sac —
width shall be measured along radius at the front yard setback line.]
[Ord. No. 3702, 12-14-2021; Ord.
No. 3879, 8-22-2023]
E.
Height Regulations. No building shall exceed
thirty-five (35) feet in height.
F.
Yard Regulations.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where lots have a double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of a corner lot; provided, however, that the buildable width
of a lot of record at the time of the passage of this regulation need
not be reduced to less than thirty-five (35) feet, except where necessary
to provide a yard along the side street with a depth of not less than
five (5) feet. No accessory building shall project beyond the front
yard line on either street.
2.
Side Yard.
a.
There shall be a side yard having
a width of not less than ten (10) feet on each side of the principal
residence building and (5) feet on each side of accessory residential
buildings and all other permitted and conditional uses shall provide
a twenty-five (25) foot side yard.
[Ord. No. 3680, 9-21-2021]
b.
Whenever a lot of record existing
at the time of the passage of this regulation has a width of fifty
(50) feet or less, the side yard on each side of a building may be
reduced to a width of not less than ten percent (10%) of the width
of the lot, but in no instance shall it be less than three (3) feet.
3.
Rear Yard. There shall be a rear
yard having a depth of not less than thirty (30) feet or twenty percent
(20%) of the depth of the lot, whichever is smaller.
4.
Yard Adjoining Cul-De-Sac. There
shall be a setback of twenty (20) feet from the radius of all culs-de-sac.
The radius of culs-de-sac shall run from the point of intersection
of each end of the cul-de-sac with the outer linear right-of-way of
the street or roadway to the cul-de-sac.
[R.O. 2009 § 410.120; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "R-2"
Single-Family Dwelling District §§ 1 – 9), 7-31-1980; Ord. No. 2998 § III, 7-14-2011]
A.
Intent And Purpose Of District. The "R-2" Single-Family Dwelling District is established for the purpose of low-density, single-family dwelling control and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to interfere with the health, safety, order or general welfare of persons residing in the district or to devalue property for residential purposes. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes. This district varies from "R-1" primarily by the intensity of use and yard regulations. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "R-2,"
no structure or land shall be used and no structure shall be erected,
altered or enlarged which is arranged, intended or designed for other
than one (1) of the uses listed in the use regulations.
C.
Use Regulations.
1.
Single-family dwellings.
2.
Public parks and recreational areas
and community buildings owned and operated by a public agency.
3.
Churches, synagogues and other similar
places of worship.
4.
Accessory buildings and uses.
5.
Public and parochial schools.
6.
Home occupations as permitted by
and subject to the Supplementary District Regulations.
7.
Group Homes. No group home shall
be located within one thousand five hundred (1,500) feet of another
group home. The exterior appearance of the home and property shall
be in reasonable conformance with the general neighborhood standards.
Group homes shall be eleemosynary or not-for-profit in nature.
8.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not restricted to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements.
[Ord. No. 3744, 6-7-2022]
D.
Intensity Of Use Regulations. Every lot
or tract of land shall have an area of not less seven thousand five
hundred (7,500) square feet and minimum street frontage of not less
than sixty (60) feet. [A corner lot's minimum street frontage shall
be not less than eighty (80) feet in width. For lots within a cul-de-sac
— width shall be measured along radius at the front yard setback
line.]
[Ord. No. 3702, 12-14-2021; Ord.
No. 3879, 8-22-2023]
E.
Height Regulations. No building shall exceed
thirty-five (35) feet in height.
F.
Yard Regulations.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where lots have double frontage,
the required yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of a corner lot; provided, however, the buildable width of a
lot of record at the time of the passage of this regulation need not
be reduced to less than thirty-five (35) feet, except where necessary
to provide a yard along the side street with a depth of not less than
five (5) feet. No accessory building shall project beyond the front
yard line on either street.
2.
Side Yard.
a.
There shall be a side yard having
a width of not less than eight (8) feet on each side of the principal
residence building and (5) feet on each side of accessory residential
buildings and all other permitted and conditional uses shall provide
a twenty-five (25) foot side yard.
[Ord. No. 3681, 9-21-2021]
b.
Whenever a lot of record existing
at the time of the passage of this regulation has a width of fifty
(50) feet or less, the side yard on each side of a building may be
reduced to a width of not less than ten percent (10%) of the width
of the lot, but in no instance shall it be less than three (3) feet.
3.
Rear Yard. There shall be a rear
yard having a depth of not less than thirty (30) feet or twenty percent
(20%) of the depth of the lot, whichever is smaller.
4.
Yard Adjoining Cul-De-Sac. There
shall be a setback of twenty (20) feet from the radius of all culs-de-sac.
The radius of culs-de-sac shall run from the point of intersection
of each end of the cul-de-sac with the outer linear right-of-way of
the street or roadway to the cul-de- sac.
[R.O. 2009 § 410.130; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "R-3"
Single-Family Dwelling District §§ 1 – 9), 7-31-1980; Ord. No. 2352, 12-12-2002; Ord. No.
2998 § IV, 7-14-2011]
A.
Intent And Purpose Of District. The "R-3" Two-Family Dwelling District is intended for the purpose of allowing a slightly higher density than in Districts "R-1" and "R-2," yet retain the residential qualities. This district allows duplex uses, single-family homes, home occupations, certain community facilities and certain special uses. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "R-3,"
no structure or land shall be used and no structure shall be erected,
altered or enlarged which is arranged, intended or designed for other
than one (1) of the uses listed in the use regulations.
C.
Use Regulations.
1.
Single-family dwellings.
2.
Two-family dwellings.
3.
Public parks and recreational areas
and community buildings owned and operated by a public agency.
4.
Churches, synagogues and other similar
places of worship.
5.
Accessory buildings and uses.
6.
Public and parochial schools.
7.
Home occupations as permitted by
and subject to the Supplementary District Regulations.
8.
Group Homes. No group home shall
be located within one thousand five hundred (1,500) feet of another
group home. The exterior appearance of the home and property shall
be in reasonable conformance with the general neighborhood standards.
Group homes shall be eleemosynary or not-for-profit in nature.
9.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not restricted to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
[Ord. No. 3744, 6-7-2022]
D.
Intensity Of Use Regulations. Except as
hereinafter provided, all dwellings hereafter erected, enlarged, or
reconstructed shall be located upon lots containing the following
area:
[Ord. No. 3702, 12-14-2021; Ord.
No. 3879, 8-22-2023]
1.
A lot on which there is erected a
single-family dwelling shall contain an area of not less than seven
thousand five hundred (7,500) square feet per family.
2.
A lot on which there is erected a
two-family dwelling shall contain an area of not less than four thousand
(4,000) square feet per family.
3.
On the effective date of this regulation
where a lot or tract has less area than herein required and its boundary
lines, along their entire length, touched lands under other ownership,
such lot or tract may be used for single-family dwelling.
4.
No more than one (1) principal use
may be located upon a lot or tract.
5.
Every lot or tract of land shall have a minimum street frontage of
not less than sixty (60) feet. [A corner lot's minimum street frontage
shall be not less than eighty (80) feet in width. For lots within
a cul-de-sac — width shall be measured along radius at the front
yard setback line.]
E.
Height Regulations. No building or structure
shall exceed thirty-five (35) feet in height.
F.
Yard Regulations.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where lots have a double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of a corner lot, except that the buildable width of such a lot
shall not be reduced to less than twenty-eight (28) feet, except where
necessary to provide a yard along the side street with a depth of
not less than five (5) feet. No accessory building shall project beyond
the front yard line of either street.
2.
Side Yard.
a.
There shall be a side yard on each
side of the principal and accessory residential buildings having a
width of not less than five (5) feet and all other permitted and conditional
uses shall provide a minimum twenty-five (25) foot setback.
b.
Whenever a lot of record existing
at the time of the passage of this regulation has a width of less
than fifty (50) feet, the side yard on each side of a building may
be reduced to a width of not less than ten percent (10%) of the width
of the lot, but in no instance shall it be less than three (3) feet.
3.
Rear Yard. There shall be a rear
yard having a depth of not less than twenty-five (25) feet or twenty
percent (20%) of the depth of the lot, whichever amount is smaller.
4.
Yard Adjoining Cul-De-Sac. There
shall be a setback of twenty (20) feet from the radius of all culs-de-sac.
The radius of culs-de-sac shall run from the point of intersection
of each end of the cul-de-sac with the outer linear right-of-way of
the street or roadway to the cul-de-sac.
[R.O. 2009 § 410.140; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "R-4"
Multiple-Family Dwelling District §§ 1 – 11), 7-31-1980; Ord. No. 2352, 12-12-2002; Ord. No.
2612, 2-9-2006; Ord. No. 2998 § V, 7-14-2011]
A.
Intent And Purpose Of District. The "R-4" Multiple-Family Dwelling District is intended for the purpose of allowing high residential density land use with the co-mingling of compatible single-family and two-family dwellings, apartments, home occupations, community facilities and certain uses, yet retain the basic residential quality. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "R-4,"
no structure or land shall be used and no structure altered, enlarged
or erected which is arranged, intended or designed for other than
one (1) of the uses listed in the use regulations.
C.
Use Regulations.
1.
Two-family dwellings.
2.
Multiple-family dwellings, including
apartment houses and dormitories.
3.
Condominiums.
4.
Boardinghouses and lodging houses.
5.
Day-care homes and day-care centers.
6.
Non-profit institutions of an educational,
philanthropic or eleemosynary nature, except for penal or mental institutions.
7.
Nursing and convalescent homes.
8.
Custodial group homes.
9.
Public parks and recreational areas
and community buildings owned and operated by a public agency.
10.
Churches, synagogues and other similar
places of worship.
11.
Public and parochial schools.
12.
Group Homes. No group home shall
be located within one thousand five hundred (1,500) feet of another
group home. The exterior appearance of the home and property shall
be in reasonable conformance with the general neighborhood standards.
Group homes shall be eleemosynary or not-for-profit in nature.
13.
The Board of Adjustment may, by special use permit, authorize the following exceptions subject to such conditions as the Board deems necessary to include, but not restricted to, proper setbacks, landscaping, screening, fencing consistent with requirements of Subsection (G) of this Zoning District consistent with the proposed use, maintenance provisions and other similar requirements:
[Ord. No. 3744, 6-7-2022]
a.
Any public building or land used
by any department of the City, County, State or Federal Government.
b.
Private clubs.
c.
Cemetery or crematory or mausoleum
when used in conjunction with a cemetery.
d.
Telephone exchange, electric substations
and regulator stations or other public facilities.
e.
Bed-and-breakfast establishments.
f.
Single-family dwellings where there
is an existing lot of record that, because of size or other conditions
affecting the use of the property, cannot as a legal or practical
matter comply with the square footage requirements for multi-family
or condominium use.
D.
Intensity Of Use Regulations. Except as
hereinafter provided, all dwellings hereafter erected, enlarged, relocated,
or reconstructed shall be located upon lots containing the following
areas:
[Ord. No. 3702, 12-14-2021; Ord.
No. 3879, 8-22-2023]
1.
A lot on which there is erected a
single-family dwelling shall contain an area of not less than seven
thousand five hundred (7,500) square feet.
2.
A lot on which there is erected a
two-family dwelling shall contain an area of not less than four thousand
(4,000) square feet per family.
3.
A lot on which there is erected a
multiple-family dwelling shall contain an area of not less than nine
thousand (9,000) square feet or three thousand (3,000) square feet
per family, whichever area is the larger, except that this regulation
shall not apply to dormitories or rooming and lodging houses where
no cooking is done in individual rooms or apartments. The Board of
Adjustment may increase the intensity of use for multiple-family dwellings
by one (1) residential unit, if all of the following conditions can
be met:
4.
Where a single lot of record, as
defined in the definitions Section of this regulation, has less area
than herein required and was recorded prior to the effective date
of this regulation, that lot may be used only for single-family dwelling
purposes.
5.
The principal and accessory buildings
shall not in total cover more than forty percent (40%) of the zoning
lot.
6.
Every lot or tract of land shall have a minimum street frontage of
not less than sixty (60) feet. [A corner lot's minimum street frontage
shall be not less than eighty (80) feet in width. For lots within
a cul-de-sac — width shall be measured along radius at the front
yard setback line.]
E.
Height Regulations. No building shall exceed
forty-five (45) feet in height, except that for each one (1) foot
of additional front yard provided, two (2) additional feet of height
will be permitted.
F.
Yard Requirements.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where a lot or lots have double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of the corner lot, except the buildable width of such lot shall
not be reduced to less than twenty-eight (28) feet, except where necessary
to provide a yard along the side street with a depth of not less than
five (5) feet. No accessory building shall project beyond the front
yard line of either street.
3.
Rear Yard. There shall be a rear
yard for buildings in this district which shall have a depth of not
less than twenty-five (25) feet or twenty percent (20%) of the depth
of the lot, whichever is the smaller.
4.
Yard Adjoining Cul-De-Sac. There
shall be a setback of twenty (20) feet from the radius of all culs-de-sac.
The radius of culs-de-sac shall run from the point of intersection
of each end of the cul-de-sac with the outer linear right-of-way of
the street or roadway to the cul-de-sac.
G.
Fencing Regulations.
1.
Fence Required — When. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "R-4" [except where property used in 7, 9 and 10 of Subsection (C) of this district] and which is adjacent to or adjoining a "R-1" or "R-2" residential district, however, in the event the adjacent residential district and the "R-4" district are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of multi-family property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "R-4" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "R-4";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "R-4"; or
c.
The "R-4" property has no buildings, structures or improvements located thereon and is not actually being used for any multi-family purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "R-4" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the multi-family property, unless exempted under the provisions of Subsection (G)(1)(a) or (b).
2.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of this regulation shall be completed within sixty
(60) days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
3.
Waiver Of Compliance Authorized —
Types Of Waivers.
a.
Notwithstanding the other provisions of Subsection (G)(5)(a) and (b) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "R-4" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (G)(5)(a)(1);
b.
A waiver of any of the three (3)
authorized types shall be effective if:
(1)
It contains a full legal
description of both the residential property and the adjoining multi-family
property; and
(2)
It is executed by all
persons and entities having an interest in the affected residential
property, including all persons and entities having or claiming a
lien of any type against such property (except liens for real estate
taxes or assessments); and
(3)
The owners and lienholders
of all residential tracts which adjoin a boundary of multi-family
or industrial property along the entire length or width of the property
for which the waiver is to be effective executes a waiver complying
with provisions of this Subsection; provided, however, that a terminable
waiver may be granted by an adjoining residential property owner whose
property lies at either end of the multi-family or industrial tract
required to be fenced, without a joinder of all other residential
property owners along the common boundary, so long as such waiver
would effect only the beginning or ending points of the required fence
and if the required fence would not adjoin or connect to another fence
required to be constructed on either the same multi-family or industrial
property or on adjoining or adjacent multi-family or industrial property;
and it is recorded in the office of the Recorder of Deeds of Polk
County, Missouri.
c.
Prior to accepting waiver(s) for
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owner's and encumbrance report
issued by a reputable title company in Polk County, Missouri, or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time.
It shall be the duty of the Zoning
Administrator to obtain an opinion of the City Attorney that the waivers
are in form and are signed by all persons or entities required under
this Section and is in recordable form.
4.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of this Subsection (G)(4), the owner(s) of "R-4" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (G)(3), to waive the fencing requirements of this Section in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, as if the residential property was across a public right-of-way from the "R-4" property, rather than directly adjoining it. All conditions and requirements of Subsection (G)(3) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
5.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (G)(3) and (4) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "R-4"property;
or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "R-4" property, if such "R-4" property is later rezoned "C-1" Neighborhood Shopping District or any district classification that requires the construction of a fence in similar manner to the provisions of this Section. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the multi-family or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (G)(3)(c) so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "R-4" property shall give written
notice, in recordable form, to the owner of the commercial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "R-4" property shall
give written notice, in recordable form, to the owner of such "R-4"
property and to the Zoning Administrator of the City of Bolivar that
they elect to terminate the waiver as of or after the first date allowed
under the provisions of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the property that is affected by the
notice and shall make reference to the book and page of the recording
of the original waiver or agreement.
K.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[Ord. No. 3771, 8-23-2022]
A.
Intent And Purpose Of District. The "R-5" High Density Multiple-Family Dwelling District is established for the purpose to accommodate multiple-family developments at higher densities. Minimum acreage of six (6) acres required. Notwithstanding any other provisions of this Section, the district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District
Regulations. In District "R-5," no structure or land shall be used
and no structure altered, enlarged or erected which is arranged, intended
or designed for other than one (1) of the uses listed in these regulations.
C.
Use
Regulations.
1.
Multiple-family dwellings, including apartment houses and dormitories.
2.
Condominiums.
3.
Boardinghouses and lodging houses.
4.
Day-care centers.
5.
Non-profit institutions of an educational, philanthropic or eleemosynary
nature, except for penal or mental institutions.
6.
Nursing and convalescent homes.
7.
Custodial group homes.
8.
Public parks and recreational areas and community buildings owned
and operated by a public agency.
9.
Churches, synagogues and other similar places of worship.
10.
Public and parochial schools.
11.
Group Homes. No group home shall be located within one thousand five
hundred (1,500) feet of another group home. The exterior appearance
of the home and property shall be in reasonable conformance with the
general neighborhood standards. Group homes shall be eleemosynary
or not-for-profit in nature.
12.
The Board of Adjustment may, by special use permit, authorize the following exceptions subject to such conditions as the Board deems necessary to include, but not restricted to, proper setbacks, landscaping, screening, fencing consistent with requirements of Subsection (G) of this Zoning District consistent with the proposed use, maintenance provisions and other similar requirements:
a.
Any public building or land used by any department of the City, County,
State or Federal Governments.
b.
Private clubs.
c.
Cemetery or crematory or mausoleum when used in conjunction with
a cemetery.
d.
Telephone exchange, electric substations and regulator stations or
other public facilities.
e.
Bed-and-breakfast establishments.
f.
Short term rentals.
D.
Intensity
Of Use Regulations. Except as hereinafter provided, all dwellings
hereafter erected, enlarged, relocated, or reconstructed shall be
located upon lots containing the following areas:
[Ord. No. 3879, 8-22-2023]
1.
A lot on which there is erected a multiple-family dwelling shall
contain an area of not less than three thousand (3,000) square feet
for the first three (3) dwelling units and thereafter two thousand
five hundred (2,500) square feet per dwelling unit, except that this
regulation shall not apply to dormitories or rooming and lodging houses
where no cooking is done in individual rooms or apartments. The Board
of Adjustment may increase the intensity of use for multiple-family
dwellings by one (1) residential unit, if all of the following conditions
can be met:
2.
No lot shall have less than fifty (50) feet of minimum street frontage.
For lots within a cul-de-sac — width shall be measured along
radius at the front yard setback line. Access shall comply with current
City of Bolivar Fire Code (Section D106).
3.
The principal and accessory buildings shall not in total cover more
than forty percent (40%) of the zoning lot.
E.
Height
Regulations. No building shall exceed sixty (60) feet in height, except
that for each one (1) foot of additional front yard provided, two
(2) additional feet of height will be permitted.
F.
Yard
Requirements.
1.
Front Yard.
a.
The front yard shall be a minimum of thirty (30) feet in depth measured
from the front lot line or, on collector streets, measured sixty (60)
feet from the center line of the street or, on minor arterial streets,
measured seventy (70) feet from the center line of the street or,
on major arterial streets, measured eighty (80) feet from the center
line of the street, whichever front yard setback would be greater.
b.
Where a lot or lots have double frontage, the required front yard
shall be provided on both streets.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each street side of the corner lot,
except the buildable width of such lot shall not be reduced to less
than twenty-eight (28) feet, except where necessary to provide a yard
along the side street with a depth of not less than five (5) feet.
No accessory building shall project beyond the front yard line of
either street.
3.
Rear Yard. There shall be a rear yard for buildings in this district
which shall have a depth of not less than twenty-five (25) feet or
twenty percent (20%) of the depth of the lot, whichever is smaller.
4.
Yard Adjoining Cul-De-Sac. There shall be a setback of twenty (20)
feet from the radius of all culs-de-sac. The radius of culs-de-sac
shall run from the point of intersection of each end of the cul-de-sac
with the outer linear right-of-way of the street or roadway to the
cul-de-sac.
G.
Fencing
Regulations.
1.
Fence Required — When. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)(4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "R-5" (except where property used in 7, 9 and 10 of Subsection (C) of this district) and which is adjacent to or adjoining a "R-1" or "R-2" Residential District, however, in the event the adjacent residential district and the "R-5" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of multi-family property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "R-5" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned residential at the request of
the owner of such district and at the time of such request the adjoining
property was already zoned "R-5";
b.
The residential district was annexed at the request of the property
owner and was initially zoned residential at a time when the adjoining
property was already zoned "R-5"; or
c.
The "R-5" property has no buildings, structures or improvements located thereon and is not actually being used for any multi-family purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "R-5" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the multi-family property, unless exempted under the provisions of Subsection (G)(1)(a) or (b).
2.
Time For Compliance. All fences or landscape barriers required to
be constructed or planted pursuant to the provisions of this regulation
shall be completed within sixty (60) days following notice by the
Zoning Administrator that the property owner is required to erect
or install such a fence or barrier. The Zoning Administrator may extend
the time for compliance with his/her order for good cause shown by
a written extension order. "Good cause," shall include, but not necessarily
be limited to, weather conditions, season of the year and interference
of fences or landscape barriers with other eminent construction projects
in the process of erection or to be erected on the premises for which
building permits have been requested or issued.
3.
Waiver Of Compliance Authorized — Types Of Waivers.
a.
Notwithstanding the other provisions of Subsection (G)(5)(a) and (b) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "R-5" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (G)(5)(a)(1);
b.
A waiver of any of the three (3) authorized types shall be effective
if:
(1)
It contains a full legal description of both the residential
property and the adjoining multi-family property; and
(2)
It is executed by all persons and entities having an interest
in the affected residential property, including all persons and entities
having or claiming a lien of any type against such property (except
lines for real estate taxes or assessments); and
(3)
The owners and lienholders of all residential tracts which adjoin
a boundary of multi-family or industrial property along the entire
length or width of the property for which the waiver is to be effective
executes a waiver complying with provisions of this Subsection; provided,
however, that a terminable waiver may be granted by an adjoining residential
property owner whose property lies at either end of the multi-family
or industrial tract required to be fenced, without a joinder of all
other residential property owners along the common boundary, so long
as such waiver would effect only the beginning or ending points of
the required fence and if the required fence would not adjoin or connect
to another fence required to be constructed on either the same multi-family
or industrial property or on adjoining or adjacent multi-family or
industrial property; and it is recorded in the office of the Recorder
of Deeds of Polk County, Missouri.
c.
Prior to accepting waiver(s) for recording pursuant to the provisions
of this Subsection, the Zoning Administrator shall require either
an owner encumbrance report issued by a reputable title company in
Polk County, Missouri, or an informational title insurance commitment
dated within ten (10) days of the date of the presentation of the
waivers to the Administrator. The waiver(s) shall also be accompanied
by cash or check for the full amount of the fee to record the same
in the office of the Recorder of Deeds of Polk County, Missouri, according
to the Recorder's fee schedule as may be effective from time to time.
|
It shall be the duty of the Zoning Administrator to obtain an
opinion of the City Attorney that the waivers are in form and are
signed by all persons or entities required under this Section and
is in recordable form.
|
4.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of this Subsection (G)(4), the owner(s) of "R-5" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (G)(3), to waive the fencing requirements of this Section in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, as if the residential property was across a public right-of-way from the "R-5" property, rather than directly adjoining it. All conditions and requirements of Subsection (G)(3) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
5.
Amendments, Modifications Or Terminations Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (G)(3) and (4) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after the delivery of a notice of termination
signed by all of the owners and lien holders of residential property
which constitutes no less than seventy-five percent (75%) of the boundary
of the adjoining "R-5" property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "R-5" property, if such "R-5" property is later rezoned "C-1" Neighborhood Shopping District or any district classification that requires the construction of a fence in similar manner to the provisions of this Section. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the multi-family or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner and encumbrance report or an information title insurance commitment complying the provisions of Subsection (G)(3)(c) so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period of time subject to automatic
renewal shall automatically renew for a term that is the same as the
original term unless, on or before the expiration date, any one (1)
or more of the residential property owners which adjoins a boundary
of the "R-5" property shall give written notice, in recordable form,
to the owner of the commercial property and to the Zoning Administrator
of the City of Bolivar that they elect to terminate the waiver at
the end of the then waiver term.
c.
A waiver which is for an indefinite period of time shall continue
until any one (1) or more of the residential property owners which
adjoin a boundary of the "R-5" property shall give written notice,
in recordable form, to the owner of such "R-5" property and to the
Zoning Administrator of the City of Bolivar that they elect to terminate
the waiver as of or after the first date allowed under the provisions
of the original waiver.
d.
In each case where there is a termination of a waiver or agreement,
the residential property owner giving a notice of termination shall
also deliver to the City, with the notice, a check, cash or money
order for the fee which is then required by Missouri law to record
such termination in the office of the Recorder of Deeds of Polk County,
Missouri. Each such notice of termination shall contain a description
of the property that is affected by the notice and shall make reference
to the book and page of the recording of the original waiver or agreement.
K.
Trash
Disposal. All dumpsters provided for the disposal of trash shall be
placed on a six-inch thick reinforced concrete pad surrounded by a
six-foot privacy fence with locking gate.
[R.O. 2009 § 410.150; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "MHS"
Manufactured Home Subdivision District §§ 1 –
10), 7-31-1980; Ord. No.
2998 § VI, 7-14-2011]
A.
Intent And Purpose Of District. The term "manufactured home" includes both manufactured and modular homes as defined in Article II, Section 410.030. "MHS" Manufactured Home Subdivision District is established for the purpose of low-densities, single-family resident's control and to allow certain public facilities. It is intended that such manufactured home subdivisions shall be located, designed and improved according to the Subdivision Regulations. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In "MHS," no structure
or land shall be used and no structure shall be placed, altered or
enlarged which is arranged, intended or designed for other than one
(1) of the uses listed in the use regulations.
E.
General Requirements — Manufactured
Home Subdivision.
1.
Shall comply with all of the requirements
of the Zoning and Subdivision Regulations.
2.
Must obtain building permits before
any construction begins.
3.
All manufactured homes shall be placed
on a permanent foundation constructed according to all applicable
City codes.
4.
The side of the residential unit
that is the widest must face the front of the subdivision lot.
5.
The minimum size of tract to be utilized
as manufactured home subdivision shall not be less than five (5) acres.
F.
Intensity Of Use Regulations. Except as
hereinafter provided, all structures hereafter placed, enlarged, relocated,
or reconstructed shall be located upon lots containing the following
areas:
[Ord. No. 3702, 12-14-2021; Ord.
No. 3879, 8-22-2023]
1.
Each lot shall contain an area of
not less than five thousand (5,000) square feet.
2.
Each lot shall front upon a public
street right-of-way in accordance with the Subdivision Regulations.
3.
No lot shall have less than sixty-five
(65) feet of minimum street frontage. [A corner lot shall not have
less than eighty-five (85) feet of minimum street frontage. For lots
within a cul-de-sac — width shall be measured along radius at
the front yard setback line.]
G.
Yard Requirements — Manufactured
Home Subdivision.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where a lot or lots have double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of the corner lot.
d.
No accessory building shall project
beyond the front yard setback line of either street nor in the side
yard.
[R.O. 2009 § 410.160; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "MHD"
Manufactured Home Development District §§ 1 –
12), 7-31-1980; Ord. No.
2612, 2-23-2006; Ord. No. 2659, 10-12-2006; Ord. No. 2998 § VII, 7-14-2011]
A.
Intent And Purpose Of District. The term "manufactured home" includes both manufactured and modular homes as defined in Article II, Section 410.030. "MHD" Manufactured Home Development District is established for the purpose of low-densities manufactured home uses in a park-like atmosphere with single-family residents. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In "MHD," no structure
or land shall be used and no structure shall be placed, altered or
enlarged which is arranged, intended or designed for other than one
(1) of the uses listed in the use regulations.
D.
E.
General Requirements — Manufactured
Home Development. For the purpose of "MHD" Manufactured Home Development
in the following Subsections, the term "street" will mean: private
street (a private street is a street that will not be dedicated to
or accepted by the City as a City street, nor is the responsibility
of the City to maintain).
1.
Development shall have a minimum
area of two (2) acres [maximum density of eight (8) units per acre].
2.
Development shall be a single tract
of land under one (1) ownership and no lots or tracts shall be transferred
or mortgaged separate from the whole tract.
4.
The development must have a storm
sewer drainage and detention plan.
5.
All utilities, storm sewer and detention
plans must be approved by the Planning and Zoning Administrator (after
consultation with a licensed professional engineer with training and
experience in such improvements) and recommendation to the Commission
for approval.
6.
Laundry facilities may be provided
in a service building.
7.
Placing/Replacing Units. A permit shall be required for emplacement
of all units and/or replacement. All units shall have a manufactured
date within five (5) years of emplacement date.
[Ord. No. 3839, 2-28-2023]
F.
Design Requirements — Manufactured
Home Development.
1.
Street.
[Ord. No. 3839, 2-28-2023]
a.
Shall be a minimum of twenty-four
(24) feet from back of curb to back of curb in width, constructed
of asphalt or concrete and built according to City specifications.
b.
Shall have concrete curb and gutter.
c.
Shall install street lights in accordance with Section 415.060(C)(1)(b).
5.
Landscaping. All yards (front, side
and rear) shall be seeded and mulched.
6.
All structures (new, remodel and
additions) shall obtain appropriate permits.
7.
All structures shall be placed and
installed in such a manner to comply with all applicable City codes
including, but not limited to, piers, anchors and skirting.
8.
No accessory structure shall be erected
in any required front or side yard.
9.
Parking.
a.
Off-street parking must be provided.
b.
Three (3) parking spaces per housing
unit.
c.
A required off-street parking space
shall be paved with a hard surface (asphalt or concrete).
d.
A required off-street parking space
shall be at least nine (9) feet in width and at least twenty (20)
feet in length.
10.
Only resident owners may offer homes
for sale in the development.
11.
No more than twenty percent (20%)
of said tract shall be used for recreational vehicles.
a.
Said twenty percent (20%) for RV
spaces shall be confined to a single contiguous area.
13.
Greenspace. Shall be required to have a minimum greenspace of fifteen
percent (15%).
[Ord. No. 3839, 2-28-2023]
G.
Intensity Of Use Regulations — Manufactured
Home Development. Except as hereinafter provided, all structures hereafter
placed, enlarged, relocated, or reconstructed shall be located upon
lots containing the following areas:
[Ord. No. 3879, 8-22-2023]
1.
Each lot shall contain an area of
not less than four thousand (4,000) square feet.
2.
Each space shall be clearly marked
and must have minimum street frontage of forty (40) feet. [A corner
lot shall not be less than sixty (60) feet in width. For spaces within
a cul-de-sac — width shall be measured along radius at the front
yard setback line.]
3.
No lot shall he less than one hundred
(100) feet in depth.
H.
Yard Requirements — Manufactured
Home Development.
1.
Front Yard.
a.
The front yard shall be a minimum
of twenty-five (25) feet in depth measured from the edge of the asphalt.
b.
Where a lot has double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more private roads, there shall be a front yard on each
street side of the corner lot.
d.
No accessory building shall project
beyond the front yard setback line of either street nor in the side
yard.
I.
Parking Regulations. There shall be two
(2) parking spaces per manufactured home.
J.
Sign Regulations. Signs shall not be permitted
unless required by law.
L.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.170; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "C-O"
Office and Industrial District §§ 1 – 12), 7-31-1980; Ord. No. 1200 § 1, 4-2-1992; Ord. No. 1593 § III, 11-14-1996; Ord. No. 2137 § III, 7-13-2000; Ord. No. 2612, 2-23-2006; Ord. No.
2998 § VIII, 7-14-2011]
A.
Intent And Purpose Of District. It is the intent of the "C-O" Office and Institution District to permit public, quasi-public, institutional and professional service uses. Density and intensity of use may be considered moderate. Uses in this district are intended to be compatible with adjoining residential districts. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. The regulations set
forth in this Article or set forth elsewhere in this regulation, when
referred to in this Article are the regulations for "C-O" Office and
Institution District. In District "C-O," no structure or land shall
be used and no structure altered, enlarged or erected which is arranged,
intended or designed for other than the uses listed in the use regulations.
For the purposes of this district
a mobile home shall not be an authorized "structure," unless specifically
otherwise provided under the regulations of this district.
C.
General Requirements For Office And Institution
Uses.
D.
Use Regulations.
1.
Accessory buildings and uses customarily
incidental to the uses permitted in the "C-O" Office and Institution
District.
2.
Boardinghouses and lodging houses.
3.
Churches.
4.
Lodges and private clubs.
5.
Hospital, but not animal or mental.
6.
Medical, dental office and health
clinics, including apothecary (for people only).
7.
Non-profit institutions of a religious,
educational, eleemosynary or philanthropic nature.
8.
Office buildings for professional,
commercial, industrial, religious, instructional, public and semisolid
purposes, providing no goods, wares or merchandise shall be prepared
for sale, stored or sold on the premises. A portion of the office
building may be occupied and used as a drug store, barbershop, cosmetologist's
shop, cigar stand, restaurant or newsstand, when such uses are located
entirely within and accessory to the building with no entrance from
the street or visible from any sidewalk and have no sign or display
visible from outside the building indicating the existence of such
use.
9.
Parks, playgrounds and community
buildings owned and operated by the locality.
10.
Public libraries.
11.
Public and parochial schools.
12.
Undertaking and funeral service establishment.
13.
Nursing and convalescent homes.
14.
Day-care centers.
15.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not restricted to, proper
landscaping, screening, fencing, maintenance provisions and other
similar requirements:
[Ord. No. 3744, 6-7-2022]
a.
Residential structures accessory
to the primary activity, e.g., caretaker homes.
b.
Alcohol and/or drug abuse treatment
centers.
c.
Modular units for a period, including
any renewals of the permit, which will not exceed one (1) year, subject
to such conditions as the Board deems necessary as set forth above.
In addition, the Board may impose other conditions regarding placement
of the modular unit on a permanent foundation; the removal of modular
unit tires and axles; skirting; use of tie downs; time limitations
on the use of the modular unit as a structure in this district (not
to exceed the limitations first set forth above); and the location
of the placement of the modular unit within the lot as the Board of
Adjustment may determine. It is the intent of this Section to permit
the temporary use of modular units to meet a temporary need that cannot
be met due to construction time for permanent structures or when exigent
circumstances exist that justify the use of temporary structures.
16.
Multiple family dwellings.
17.
Condominiums.
18.
Single-family dwellings.
19.
Two-family dwellings.
20.
Custodial group homes.
E.
Intensity Of Use Regulations. Except as
hereinafter provided, every dwelling hereafter erected, enlarged,
relocated, or reconstructed shall be located upon lots, tracts, or
parcels containing the following areas:
[Ord. No. 3702, 12-14-2021; Ord.
No. 3879, 8-22-2023]
1.
A lot on which a single-family dwelling
is erected shall contain not less than seven thousand five hundred
(7,500) square feet of area.
2.
A lot on which a two-family dwelling
is erected shall contain an area of not less than four thousand (4,000)
square feet per family unit.
3.
A lot on which there is erected a
multiple-family dwelling shall contain an area of not less than nine
thousand (9,000) square feet or three thousand (3,000) square feet
per family, whichever area is the larger, except that this regulation
shall not apply to dormitories or rooming and lodging houses where
no cooking is done in individual rooms or apartments.
4.
The principal and any accessory buildings
shall not in total cover more than forty percent (40%) of the zoning
lot.
5.
Every lot or tract of land shall have a minimum street frontage of
not less than sixty (60) feet. [A corner lot's minimum street frontage
shall not be less than eighty (80) feet in width. For lots within
a cul-de-sac — width shall be measured along radius at the front
yard setback line.]
F.
Height Regulations. No buildings shall
exceed forty-five (45) feet in height, except that for each one (1)
foot of additional front yard provided, two (2) additional feet of
height will be permitted.
G.
Yard Regulations.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where lots have double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each side
of a corner lot, except that the buildable width of such a lot shall
not be reduced to less than twenty-eight (28) feet, except where necessary
to provide a yard along the side street with a depth of not less than
five (5) feet. No accessory building shall project beyond the front
yard line on either street.
2.
Side Yard. There shall be a side
yard on each side of a building having a width of not less than five
(5) feet.
3.
Rear Yard. There shall be a rear
yard having a depth of not less than twenty-five (25) feet or twenty
percent (20%) of the depth of the lot, whichever amount is smaller.
H.
Fencing Regulations.
1.
Fence Required. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)(4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "C-O" and which is adjacent to or adjoining a residential district, however, in the event the adjacent residential district and the "C-O" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of commercial property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "C-O" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "C-O";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "C-O; or
c.
The "C-O" property has no buildings, structures or improvements located thereon. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "C-O" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the commercial property, unless exempted under the provisions of this Subsection (H)(1)(a) or (b).
2.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of this regulation shall be completed within sixty
(60) days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
3.
Waiver Of Compliance Authorized —
Types Of Waivers.
a.
Notwithstanding the other provisions of Section 410.280(A)(4) of Article IV, Supplementary District Regulations and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "R-4" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions as described in Subsection (H)(3)(d) of this Section.
b.
A waiver of any of the three (3)
authorized types shall be effective if:
(1)
It contains a full legal
description of both the residential property and the adjoining commercial
property;
(2)
It is executed by all
persons and entities having an interest in the affected residential
property, including all persons and entities having or claiming a
lien of any type against such property (except liens for real estate
taxes or assessments); and
c.
The owners and lien holders of all
residential tracts which adjoin a boundary of commercial or industrial
property along the entire length or width of the property for which
the waiver is to be effective executes a waiver complying with provisions
of this Subsection; provided, however, that a terminable waiver may
be granted by an adjoining residential property owner whose property
lies at either end of the commercial or industrial tract required
to be fenced, without a joinder of all other residential property
owners along the common boundary, so long as such waiver would effect
only the beginning or ending points of the required fence and if the
required fence would not adjoin or connect to another fence required
to be constructed on either the same commercial or industrial property
or on adjoining or adjacent commercial or industrial property; and
it is recorded in the office of the Recorder of Deeds of Polk County,
Missouri.
d.
Prior to accepting waiver(s) for
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owner's and encumbrance report
issued by a reputable title company in Polk County, Missouri, or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time.
It shall be the duty of the Zoning
Administrator to obtain an opinion of the City Attorney that the waivers
are in form and are signed by all persons or entities required under
this Section and is in recordable form.
4.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of Subsection (H)(1) of this Section the owner(s) of "C-O" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (H)(3) of this Section, to waive the fencing requirements of this Section in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, if the residential property was across a public right-of-way from the "R-4" property, rather than directly adjoining it. All conditions and requirements of Subsection (H)(3) of this Section for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
5.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsection (H)(3) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "R-4"
property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "R-4" property, if such "R-4" property is later rezoned "C-2" General Commercial District, "I-1" Light Industrial District or "I-2" Heavy Industrial District. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the commercial or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (H)(3)(d) hereof, so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "R-4" property shall give written
notice, in recordable form, to the owner of the commercial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "R-4" property shall
give written notice, in recordable form, to the owner of such "R-4"
property and to the Zoning Administrator of the City of Bolivar that
they elect to terminate the waiver as of or after the first date allowed
under the provisions of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the residential and commercial or industrial
property which is affected by the notice and shall make reference
to the book and page of the recording of the original waiver or agreement.
L.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.180; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "C-S"
Highway Service District §§ 1 – 11), 7-31-1980; Ord. No. 1394 § 2, 8-11-1994; Ord. No. 1513 § 14, 12-14-1995; Ord. No. 1593 § IV, 11-14-1996; Ord. No. 2612, 2-23-2006; Ord. No.
2998 § IX, 7-14-2011]
A.
Intent And Purpose Of District. This district is intended to provide limited highway service businesses only when grouped on a single tract. Floor areas are restricted and off-street parking is required to reduce possible adverse effects on surrounding residential uses. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "C-S,"
no structure or land shall be used and no structure altered, enlarged
or erected which is arranged, intended or designed for other than
one (1) of the uses listed in the use regulations.
C.
Use Regulations.
1.
Adding machines and other small business
machine repair.
2.
Agricultural implement sales and
service.
3.
Animal hospitals and/or pet shops
when all facilities are within an enclosed building.
4.
Antique shops.
5.
Automobile and truck sales and service.
6.
Automotive accessory store.
7.
Barber and beauty shops.
8.
Banks and other lending agencies.
9.
Boat sales and service.
10.
Bicycle shops.
11.
Bowling alleys.
12.
Car washes.
13.
Cigar and tobacco shops.
14.
Construction equipment rental and
sales.
15.
Drug stores.
16.
Electric and telephone substations.
17.
Fix-it shop (radio, TV and small
household appliance repair).
18.
Floor coverings.
19.
Food stores.
20.
Furniture and home furnishing stores.
21.
Garage (public and private).
22.
Gymnasiums.
23.
Hotels and motels, including accessory
service uses such as newsstands, messenger and telegraph stations,
swimming pools (for motel guest only), flower and gift shops.
24.
Indoor skating rinks.
25.
Indoor theaters.
26.
Lock and key shops.
27.
Lumber and building materials sales
yard.
28.
Medical and dental and health clinics.
29.
Mobile home sales and services.
30.
Motorcycle sales, service and rental.
31.
Newsstands.
32.
Nursery and garden stores.
33.
Offices and office buildings.
34.
Optician and optometrist shops.
35.
Parks, playgrounds and community
buildings owned and operated by a public agency.
36.
Pawnshops.
37.
Photographic studios.
38.
Restaurants and tearooms, including
drive-in establishments.
39.
Self-service laundry and cleaning
and laundry pickup stations.
40.
Service stations or filling stations
(light service work only).
41.
Shoe repair and shoe shine shops.
42.
Sporting goods stores.
43.
Travel bureaus.
44.
Utility company office.
45.
Watch repair.
46.
Ambulance service.
47.
Taxi service.
48.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not limited to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
[Ord. No. 3744, 6-7-2022]
a.
Governmental buildings.
b.
Mortuary and monument sales.
c.
Outdoor amusement establishments
such as amusement parks, permanent carnival and kiddy parks, miniature
golf and pitch and putt courses, driving ranges and other similar
establishments.
d.
Drive-in theaters.
e.
Package liquor stores, provided that
such use will be located at least two thousand five hundred (2,500)
lineal feet from land occupied by an institution of higher learning
and at least one thousand (1,000) lineal feet from land occupied by
any other public school or any church.
f.
Light manufacturing operations, provided
that such use is not noxious or offensive by reason of vibration or
noise beyond the confines of the building or emission of dust, fumes,
gas, odor or smoke. The Board of Adjustment may impose, as a condition
to the granting of the special use permit and in addition to the conditions
mentioned above, a limit upon the number of employees engaged in such
proposed operation in order to maintain the commercial nature of the
surrounding premises.
g.
Day-care center.
h.
Modular units for a period, including
any renewals of the permit, which will not exceed one (1) year, subject
to such conditions as the Board deems necessary as set forth above.
In addition, the Board may impose other conditions regarding placement
of the modular unit on a permanent foundation; the removal of modular
unit tires and axles; skirting; use of tie downs; time limitations
on the use of the modular unit as a structure in this district (not
to exceed the limitations first set forth above); and the location
of the placement of the modular unit within the lot as the Board of
Adjustment may determine. It is the intent of this Section to permit
the temporary use of modular units to meet a temporary need that cannot
be met due to construction time for permanent structures or when exigent
circumstances exist that justify the use of temporary structures.
D.
Intensity Of Use Regulations. The principal
building or buildings in this district shall not cover more than forty
percent (40%) of the ground area on which the building or buildings
are located. No lot shall have less than fifty (50) feet of minimum
street frontage. For lots within a cul-de-sac — width shall
be measured along radius at the front yard setback line.
[Ord. No. 3879, 8-22-2023]
E.
Height Regulations. No building shall exceed
forty (40) feet in height, except that for each one (1) foot of additional
setback provided, two (2) feet of additional height will be permitted.
F.
Yard Regulations.
1.
Front Yard. No setback is required
for existing structures. All new structures shall meet the following
requirements:
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where a lot or lots have double frontage,
the required front yard shall be provided on both streets for all
uses permitted in this district.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of the corner lot, except the buildable width of such lot shall
not be reduced to less than twenty-eight (28) feet. No accessory building
shall project beyond the front yard line on either street.
3.
Rear Yard. Except as otherwise provided
in the Supplementary District Regulations, there shall be a rear yard
for buildings in this district as follows:
4.
Fence Required — When. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)(4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "C-S" and which is adjacent to or adjoining a residential district ("R-1," "R-2," "R-3," "R-4," "MHS" or "MHD"); however, in the event the adjacent residential district and the "C-S" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of commercial property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "C-S" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "C-S";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "C-S"; or
c.
The "C-S" property has no commercial or industrial buildings or other structures or improvements located thereon and is not actually being used for any commercial or industrial purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "C-S" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the commercial property, unless exempted under the provisions of Subsection (F)(4)(a) or (b).
5.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of these regulations shall be completed within (60)
days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
6.
Waiver Of Compliance Authorized — Types Of Waivers. Notwithstanding the other provisions of Subsections (F)(4)(a) and (F)(4)(b) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "C-S" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
a.
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (F)(8);
7.
Waiver. Any of the three (3) authorized
types shall be effective if:
a.
It contains a full legal description
of both the residential property and the adjoining commercial property;
b.
It is executed by all persons and
entities having an interest in the affected residential property,
including all persons and entities having or claiming a lien of any
type against such property (except liens for real estate taxes or
assessments);
c.
The owners and lienholders of all
residential tracts which adjoin a boundary of commercial or industrial
property along the entire length or width of the property for which
the waiver is to be effective executes a waiver complying with provisions
of this Subsection; provided, however, that a terminable waiver may
be granted by an adjoining residential property owner whose property
lies at either end of the commercial or industrial tract required
to be fenced, without a joinder of all other residential property
owners along the common boundary, so long as such waiver would effect
only the beginning or ending points of the required fence and if the
required fence would not adjoin or connect to another fence required
to be constructed on either the same commercial or industrial property
or on adjoining or adjacent commercial or industrial property; and
d.
It is recorded in the office of the
Recorder of Deeds of Polk County, Missouri.
8.
Prior To Accepting Waiver(s). For
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owners and encumbrance report
issued by a reputable title company in Polk County, Missouri, or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time. It shall be the duty
of the Zoning Administrator to obtain an opinion of the City Attorney
that the waivers are in form and are signed by all persons or entities
required under this Section and is in recordable form.
9.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of Subsection (F)(4), the owner(s) of "C-S" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (F)(4)(b), to waive the fencing requirements of Subsection (F)(4) in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, if the residential property was across a public right-of-way from the "C-S" property, rather than directly adjoining it. All conditions and requirements of Section (F)(4)(b) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
10.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (F)(4)(b) or (F)(4)(c) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "C-S"
property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "C-S" property, if such "C-S" property is later rezoned "C-2" General Commercial District, "I-1" Light Industrial District or "I-2" Heavy Industrial District. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the commercial or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (i) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (F)(8) of this Section so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "C-S" property shall give written
notice, in recordable form, to the owner of the commercial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "C-S" property shall
give written notice, in recordable form, to the owner of such "C-S"
property and to the Zoning Administrator of the City of Bolivar that
they elect to terminate the waiver as of or after the first date allowed
under the provisions of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the residential and commercial or industrial
property that is affected by the notice and shall make reference to
the book and page of the recording of the original waiver or agreement.
K.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.190; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "C-1"
Neighborhood Shopping District §§ 1 – 11), 7-31-1980; Ord. No. 1200 § 1, 4-2-1992; Ord. No. 1394 § 3, 8-11-1994; Ord. No. 1593 § III, 11-14-1996: Ord. No. 2612, 2-23-2006; Ord. No.
2998 § X, 7-14-2011]
A.
Intent And Purpose Of District. It is the intent of the "C-1" Neighborhood Shopping District to permit the retail sales of convenience goods and services. It is intended that this district be employed only in areas occupied by existing businesses serving a useful shopping function to the residents of the neighborhood. It is intended that all new businesses will locate in grouped "shopping center" areas which are zoned one (1) of the commercial districts other than "C-S." Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "C-1,"
no structure or land shall be used and no structure altered, enlarged
or erected which is arranged, intended or designed for other than
one (1) of the uses listed in the use regulations.
For the purposes of this district,
a mobile home shall not be an authorized "structure," unless specifically
otherwise provided under the regulations of this district.
C.
Use Regulations.
1.
Barbershops.
2.
Beauty shops.
3.
Candy and ice cream stores (except
drive-ins).
4.
Cleaning and laundry pickup stations.
5.
Electric and telephone substations.
6.
Flower and gift shops.
7.
Food stores (grocer, meat and delicatessen).
8.
Laundry (self-service).
9.
Messenger and telegraph stations.
10.
Newsstands.
11.
Service stations.
12.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not limited to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
[Ord. No. 3744, 6-7-2022]
a.
Light manufacturing operations, provided
that such use is not noxious or offensive by reason of vibration or
noise beyond the confines of the building or emission of dust, fumes,
gas, odor or smoke. The Board of Adjustment may impose, as a condition
to the granting of the special use permit and in addition to the conditions
mentioned above, a limit upon the number of employees engaged in such
proposed operation in order to maintain the commercial nature of the
surrounding premises.
D.
Intensity Of Use Regulations. Area occupied
by buildings in this district shall not exceed thirty percent (30%)
of the ground area on which the building is located. No land zoned
in this district shall be less than ten thousand (10,000) square feet
or more than one hundred thousand (100,000) square feet. No lot shall
have less than fifty (50) feet of minimum street frontage. For lots
within a cul-de-sac — width shall be measured along radius at
the front yard setback line.
[Ord. No. 3879, 8-22-2023]
E.
Height Regulations. No building shall exceed
forty (40) feet in height.
F.
Yard Requirements.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where a lot or lots have double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of the corner lot, except the buildable width of such lot shall
not be reduced to less than twenty-eight (28) feet, except where necessary
to provide a yard on each side street not less than five (5) feet
in width.
d.
No necessary building shall project
beyond the front yard line on either street.
2.
Side Yard. There shall be a side
yard on each side of a building and said side yard shall not be less
than five (5) feet.
3.
Rear Yard. There shall be a rear
yard for buildings in this district, which rear yard shall have a
depth of not less than twenty-five (25) feet or twenty percent (20%)
of the depth of the lot, whichever is the smaller.
4.
Fence Required. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)(4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "C-1" and which is adjacent to or adjoining a residential district ("R-1," "R-2," "R-3," "R-4," "MHS" or "MHD"); however, in the event the adjacent residential district and the "C-1" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of commercial property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "C-1" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "C-1";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "C-1"; or
c.
The "C-1" property has no commercial or industrial buildings or other structures or improvements located thereon and is not actually being used for any commercial or industrial purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "C-1" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the commercial property, unless exempted under the provisions of Subsection (F)(4)(a) or (b).
5.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of this regulation shall be completed within sixty
(60) days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
6.
Waiver Of Compliance Authorized —
Types Of Waivers.
a.
Notwithstanding the other provisions of Subsections (F)(4)(a) and (F)(4)(b) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "C-1" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (F)(8) of this Section;
b.
A waiver of any of the three (3)
authorized types shall be effective if:
(1)
It contains a full legal
description of both the residential property and the adjoining commercial
property;
(2)
It is executed by all
persons and entities having an interest in the affected residential
property, including all persons and entities having or claiming a
lien of any type against such property (except liens for real estate
taxes or assessments);
(3)
The owners and lienholders
of all residential tracts which adjoin a boundary of commercial or
industrial property along the entire length or width of the property
for which the waiver is to be effective executes a waiver complying
with provisions of this Subsection; provided, however, that a terminable
waiver may be granted by an adjoining residential property owner whose
property lies at either end of the commercial or industrial tract
required to be fenced, without a joinder of all other residential
property owners along the common boundary, so long as such waiver
would effect only the beginning or ending points of the required fence
and if the required fence would not adjoin or connect to another fence
required to be constructed on either the same commercial or industrial
property or on adjoining or adjacent commercial or industrial property;
and
(4)
It is recorded in the
office of the Recorder of Deeds of Polk County, Missouri.
c.
Prior to accepting waiver(s) for
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owners and encumbrance report
issued by a reputable title company in Polk County, Missouri, or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time. It shall be the duty
of the Zoning Administrator to obtain an opinion of the City Attorney
that the waivers are in form and are signed by all persons or entities
required under this Section and is in recordable form.
7.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of Subsection (F)(4), the owner(s) of "C-1" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection F(4)(b), to waive the fencing requirements of Subsection (F)(4) in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, if the residential property was across a public right-of-way from the "C-1" property, rather than directly adjoining it. All conditions and requirements of Subsection (F)(4)(b) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
8.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (F)(4)(b) or (F)(4)(c) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement; and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "C-1"
property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "C-1" property, if such "C-1" property is later rezoned "C-S" Highway Services District, "C-2" General Commercial District, "I-1" Light Industrial District or "I-2" Heavy Industrial District. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the commercial or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (F)(6)(c) of this Section so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "C-1" property shall give written
notice, in recordable form, to the owner of the commercial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "C-1" property shall
give written notice, in recordable form, to the owner of such "C-1"
property. Property owners shall also give written notice to the Zoning
Administrator of the City of Bolivar that they elect to terminate
the waiver as of or after the first date allowed under the provisions
of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri Law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the residential and commercial or industrial
property which is affected by the notice and shall make reference
to the book and page of the recording of the original waiver or agreement.
K.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.200; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "C-2"
General Commercial District §§ 1 – 11), 7-31-1980; Ord. No. 1200 § 1, 4-2-1992; Ord. No. 1394 § 5, 8-11-1994; Ord. No. 1513 § 1, 12-14-1995; Ord. No. 1593 § III, V, 11-14-1996: Ord. No. 2612, 2-23-2006; Ord. No. 2927 § I, 4-8-2010; Ord. No. 2998 § XI, 7-14-2011]
A.
Intent And Purpose Of District. The "C-2" General Commercial District is intended for the purpose of allowing basic retail, service and office uses in addition to those normally permitted in neighborhood centers. This district is also intended to provide locations for commercial activity that do not require a central location downtown but do require a location easily accessible to the downtown shoppers. Business uses needing large floor area, particularly those of a service nature not compatible with Central Business District uses, are included in this district. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "C-2,"
no structure or land shall be used and no structure altered, enlarged
or erected which is arranged, intended or designed for other than
one (1) of the uses listed in the use regulations.
For the purposes of this district,
a mobile home shall not be an authorized "structure," unless specifically
otherwise provided under the regulations of this district.
C.
Use Regulations.
1.
Adding machine and other small business
machine repair, sales and services.
2.
Ambulance service.
3.
Amusement places (indoor).
4.
Animal hospitals, clinics and kennels,
providing the establishment and runs are completely enclosed in a
building.
5.
Antique shops and stores, providing
all merchandise is displayed and sold inside a building.
6.
Apartments on floors other than the
ground floor.
7.
Apparel and accessory stores.
8.
Appliance sales and service.
9.
Armory.
10.
Art and art supply stores.
11.
Auditorium and similar places of
public assembly.
12.
Auto repair and body shop, providing
that all work is done within an enclosed building and that no inoperable
autos or materials are held or stored on the site, unless within an
enclosed building.
13.
Auto supply stores.
14.
Automobile and mobile home sales
and service.
15.
Automobile parking lots and garages
(public and private).
16.
Banks and other savings and lending
institutions.
17.
Barber and beauty shops.
18.
Bicycle shops.
19.
Book and stationery stores.
20.
Bowling alleys and recreation buildings.
21.
Business and technical schools and
schools for photography, music and dancing.
22.
Carpenter and cabinet shops employing
five (5) persons or less.
23.
Churches and parish homes.
24.
Cigar and tobacco stores.
25.
Clothing and costume rental.
26.
Commercial recreation uses.
27.
Custom dressmaking, furrier, millinery
and tailor shops employing five (5) persons or less.
28.
Delicatessens and catering establishments.
29.
Department stores.
30.
Drug stores and prescription shops.
31.
Dry goods and notion stores.
32.
Dry cleaning and laundry establishments
employing five (5) persons or less.
33.
Electric repair shops (household
appliances).
34.
Field crops, nurseries, tree crops
and truck gardens.
35.
Fire stations, Police stations and
jail.
36.
Fix-it shops (radio, TV and small
business appliance repair).
37.
Floor coverings, sales and service.
38.
Florist and gift shops.
39.
Furniture and home furnishing stores.
40.
Garages (public and private).
41.
Golf courses (including miniature
golf and driving tees).
42.
Government administration buildings.
43.
Grocery stores (including retail
meat markets and produce stores).
44.
Hardware stores.
45.
Hobby, stamp and coin shops.
46.
Hotels and motels.
47.
Household appliance stores.
48.
Interior decorator shops.
49.
Jewelry and metal craft stores.
50.
Leather goods and luggage stores.
51.
Library and museums.
52.
Lock and key shops.
53.
Lumber and building material sales
yards.
54.
Mail order catalog stores.
55.
Medical, dental and health clinics.
56.
Medical and orthopedic appliance
stores.
57.
Meeting halls and auditoriums.
58.
Messenger or telegraph service stations.
59.
Mortuary.
60.
Music instrument sales and repair
shops.
61.
Music studios, radio and television
stores.
62.
Newspaper offices.
63.
Newsstands.
64.
Offices and office buildings.
65.
Office supply and office equipment
stores.
66.
Optician and optometrist shops.
67.
Package liquor stores.
68.
Paint stores.
69.
Parking lots and garages (commercial,
public and private).
70.
Parks and recreational areas.
71.
Pet shops.
72.
Photographic equipment and supply
stores.
73.
Photographic studios.
74.
Picture frame shops.
75.
Plumbing shops employing five (5)
persons or less.
76.
Post office and court buildings.
77.
Printing and publishing houses (including
newspapers).
78.
Private clubs, fraternities, sororities
and lodges.
79.
Public, parochial and vocational
schools.
80.
Radio and television studios.
81.
Restaurants and tea rooms (including
drive-ins).
82.
Self-service laundries.
83.
Service stations.
84.
Sewing machine stores.
85.
Sheet metal shops employing five
(5) persons or less.
86.
Shoe repair and shoe shine shops.
87.
Shoe stores.
88.
Sporting and athletic good stores.
89.
Tailor shops employing five (5) persons
or less.
90.
Taverns.
91.
Taxi service.
92.
Theaters.
93.
Tinsmith shops employing five (5)
persons or less.
94.
Tire repair shops.
95.
Toy stores.
96.
Travel bureaus.
97.
Undertaking establishments.
98.
Used car lots.
99.
Utility company offices.
100.
Variety stores and shops.
101.
Wallpaper stores and shops.
102.
Warehouses and storage units.
103.
Watch repair shops.
104.
Wholesale establishments.
105.
Accessory uses customarily incidental
to the above uses.
106.
Commercial business similar and comparable
to the above listed uses.
107.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not limited to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
[Ord. No. 3744, 6-7-2022]
a.
Alcohol and/or drug abuse treatment
centers.
b.
Light manufacturing operations, provided
that such use in not noxious or offensive by reason of vibration or
noise beyond the confines of the building or emission of dust, fumes,
gas, odor or smoke. The Board of Adjustment may impose, as a condition
to the granting of the special use permit and in addition to the conditions
mentioned above, a limit upon the number of employees in such proposed
operation in order to maintain the commercial nature of the surrounding
premises.
c.
Day-care center.
d.
Modular units for a period, including
any renewals of the permit, which will not exceed one (1) year, subject
to such conditions as the Board deems necessary as set forth above.
In addition, the Board may impose other conditions regarding placement
of the modular units on a permanent foundation; the removal of modular
units tires and axles; skirting; use of tie downs; time limitations
on the use of the mobile home as a structure in this district (not
to exceed the limitations first set forth above); and the location
of the placement of the modular units within the lot as the Board
of Adjustment may determine. It is the intent of this Section to permit
the temporary use of modular units to meet a temporary need that cannot
be met due to construction time for permanent structures or when exigent
circumstances exist that justify the use of temporary structures.
D.
Intensity Of Use Regulations. Except as
hereinafter provided, all structures hereafter placed, enlarged, relocated,
or reconstructed shall be located upon lots containing the following
areas:
[Ord. No. 3879, 8-22-2023]
1.
No requirements for commercial uses
in this district, except to meet fire regulations.
2.
One thousand five hundred (1,500)
square feet of lot area shall be required for each apartment built
above ground floor.
3.
No lot shall have less than fifty (50) feet of minimum street frontage.
For lots within a cul-de-sac — width shall be measured along
radius at the front yard setback line.
E.
Height Regulations. No building shall exceed
forty-five (45) feet in height.
F.
Yard Regulations.
1.
Front Yard. The front yard shall
be a minimum of thirty (30) feet in depth measured from the front
lot line or, on collector streets, measured sixty (60) feet from the
center line of the street or, on minor arterial streets, measured
seventy (70) feet from the center line of the street or, on major
arterial streets, measured eighty (80) feet from the center line of
the street, whichever front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
2.
Side Yard. None required, except
adjacent to residential land use, then the side yard shall be five
(5) feet; provided, however, that any side yard, which shall adjoin
or otherwise be contiguous to a City street or public right-of-way,
shall have a minimum side yard measured from the center of said street
or right-of-way as follows:
Arterial streets: 50 feet
Collector streets: 35 feet
Local streets: 25 feet
3.
Rear Yard. None required, except
adjacent to residential land use, then the rear yard shall be fifteen
(15) feet, provided, however, that any side yard, which shall adjoin
or otherwise be contiguous to a City street or public right-of-way,
shall have a rear yard measured from the center of said street or
right-of-way as follows:
Arterial streets: 50 feet
Collector streets: 35 feet
Local streets: 25 feet
4.
Fence Required — When. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)(4) of Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "C-2" and which is adjacent to or adjoining a residential district ("R-1," "R-2," "R-3," "R-4," "MHS" or "MHD"); however, in the event the adjacent residential district and the "C-2" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of commercial property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "C-2" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "C-2";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "C-2"; or
c.
The "C-2" property has no commercial or industrial buildings or other structures or improvements located thereon and is not actually being used for any commercial or industrial purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "C-2" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the commercial property, unless exempted under the provisions of Subsection (F)(4)(a) or (b).
5.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of this regulation shall be completed within sixty
(60) days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
6.
Waiver Of Compliance Authorized —
Types Of Waivers.
a.
Notwithstanding the other provisions of Subsection (F)(4) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "C-2" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (F)(8) of this Section;
b.
A waiver of any of the three (3)
authorized types shall be effective if:
(1)
It contains a full legal
description of both the residential property and the adjoining commercial
property; and
(2)
It is executed by all
persons and entities having an interest in the affected residential
property, including all persons and entities having or claiming a
lien of any type against such property (except liens for real estate
taxes or assessments); and
(3)
The owners and lienholders
of all residential tracts which adjoin a boundary of commercial or
industrial property along the entire length or width of the property
for which the waiver is to be effective executes a waiver complying
with provisions of this Subsection; provided, however, that a terminable
waiver may be granted by an adjoining residential property owner whose
property lies at either end of the commercial or industrial tract
required to be fenced, without a joinder of all other residential
property owners along the common boundary, so long as such waiver
would effect only the beginning or ending points of the required fence
and if the required fence would not adjoin or connect to another fence
required to be constructed on either the same commercial or industrial
property or on adjoining or adjacent commercial or industrial property;
and
(4)
It is recorded in the
office of the Recorder of Deeds of Polk County, Missouri.
c.
Prior to accepting waiver(s) for
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owners and encumbrance report
issued by a reputable title company in Polk County, Missouri, or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time. It shall be the duty
of the Zoning Administrator to obtain an opinion of the City Attorney
that the waivers are in form and are signed by all persons or entities
required under this Section and is in recordable form.
7.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of Subsections (F)(4), (F)(4)(a) and (F)(4)(b), the owner(s) of "C-2" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (F)(4)(b), to waive the fencing requirements of Subsection (F)(4) in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, if the residential property was across a public right-of-way from the "C-2" property, rather than directly adjoining it. All conditions and requirements of Subsection (F)(4)(b) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
8.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (F)(4)(b) or (F)(4)(c) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "C-2"
property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "C-2" property, if such "C-2" property is later rezoned "C-S" Highway Services District, "I-1" Light Industrial District or "I-2" Heavy Industrial District. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the commercial or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (F)(6)(c) of this Section so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "C-2" property shall give written
notice, in recordable form, to the owner of the commercial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "C-2" property shall
give written notice, in recordable form, to the owner of such "C-2"
property and to the Zoning Administrator of the City of Bolivar that
they elect to terminate the waiver as of or after the first date allowed
under the provisions of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the residential and commercial or industrial
property which is affected by the notice and shall make reference
to the book and page of the recording of the original waiver or agreement.
H.
Parking Regulations. Off-street parking is not required in this district for existing structures. Any new structures shall comply with the requirements of Article V, Parking and Loading Regulations.
K.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.210; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "C-3"
Central Business District §§ 1 – 10), 7-31-1980; Ord. No. 1593 §§ III, VI, 11-14-1996; Ord. No. 2612, 2-23-2006; Ord. No. 2675, 12-14-2006; Ord. No. 2998 § XII, 7-14-2011]
A.
Intent And Purpose Of District. The "C-3" Central Business District is intended for the purpose of grouping retail merchandising activities into a concentrated area servicing the general shopping needs of the trade area. Principal permitted uses include department stores, apparel stores, general retail sales and services and similar uses appropriate for comparison shopping. The grouping is intended to strengthen the business level of the central business activity. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "C-3,"
no structure or land shall be used and no structure altered, enlarged
or erected which is arranged, intended or designed for other than
one (1) of the uses listed in the use regulations.
For the purposes of this district
a mobile home shall not be an authorized "structure," unless specifically
otherwise provided under the regulations of this district.
C.
Use Regulations.
1.
Adding machine and small business
machine repair, sales and service.
2.
Amusement places.
3.
Animal hospitals, clinics and kennels,
providing the establishment and runs are completely enclosed in a
building.
4.
Antique shops and stores, providing
all merchandise is displayed and sold inside a building.
5.
Apartments on floors other than the
ground floor.
6.
Apparel and accessory stores.
7.
Art and art supply stores.
8.
Artist studio.
9.
Auditorium and similar places of
public assembly.
10.
Automobile accessory and supply stores.
11.
Automobile sales and service.
12.
Automobile parking lots and garages.
13.
Bakery and pastry shops (retail only).
14.
Banks and other savings and lending
institutions.
15.
Barbershops, beauty shops, chiropody,
massage or similar personal services.
16.
Bicycle shops.
17.
Billiards/pool halls and arcade and
video game.
18.
Book and stationery stores.
19.
Business and technical schools including
schools for photography, dancing and music.
20.
Churches.
21.
Cigar and tobacco stores.
22.
Clothing and costume rental.
23.
Condominiums.
24.
Custom dressmaking, millinery, tailoring
and similar trades.
25.
Delicatessens and catering establishments.
26.
Department stores.
27.
Drug stores and prescription shops.
28.
Dry goods and notion stores.
29.
Dry cleaning and laundry establishments
employing five (5) persons or less.
30.
Electric repair shops.
31.
Fire stations, Police stations and
jail.
32.
Fix-it shops (radio, TV and small
household appliances).
33.
Florist and gift shops.
34.
Furniture and home furnishing stores.
35.
Garage and auto repair shops, but
not including auto body and fender work and auto painting.
36.
Government buildings.
37.
Grocery, fruit and vegetable stores.
38.
Hardware stores.
39.
Hobby, stamp and coin shops.
40.
Hotels and motels.
41.
Household and appliance stores.
42.
Interior decorator shops.
43.
Jewelry and metal craft stores and
shops.
44.
Leather goods and luggage stores.
45.
Library and museums (public).
46.
Lock and key shops.
47.
Mail order catalog stores.
48.
Medical, dental and health clinics.
49.
Medical and orthopedic appliance
stores.
50.
Meeting halls and auditoriums.
51.
Messenger and telegraph service stations.
52.
Music instrument sales and repair
shops and music studios.
53.
Newspaper offices and newsstands.
54.
Newsprint, job printing and printing
supply stores.
55.
Office buildings.
56.
Office supply and office equipment
stores.
57.
Optician and optometrists shops.
58.
Package liquor stores, provided such
establishment is located not less than one thousand (1,000) feet from
another package liquor store.
59.
Paint and wallpaper stores.
60.
Parking lots and garages.
61.
Parks and open spaces.
62.
Pawnshops.
63.
Pet shops.
64.
Photographic equipment sales and
supply stores.
65.
Photographic studios.
66.
Picture framing shops.
67.
Prescription shops.
68.
Public transportation stations.
69.
Publishing houses.
70.
Radio and television studios.
71.
Restaurants and tea rooms (excluding
drive-ins).
72.
Service stations.
73.
Sewing machine shops and stores.
74.
Shoe sales and repair shops.
75.
Sporting and athletic goods stores.
76.
Stores and shops for the conduct
of retail business similar to the uses listed in this Section.
77.
Tailor shops.
78.
Taverns, provided such establishment
is located not less than one thousand (1,000) feet from another tavern.
79.
Theaters.
80.
Toy stores.
81.
Travel bureaus.
82.
Variety stores.
83.
Watch repair shops.
84.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not limited to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
[Ord. No. 3744, 6-7-2022]
a.
Alcohol and/or drug abuse treatment
centers.
b.
Light manufacturing operations, provided
that such use is not noxious or offensive by reason of vibration or
noise beyond the confines of the building or emission of dust, fumes,
gas, odor or smoke. The Board of Adjustment may impose, as a condition
to the granting of the special use permit and in addition to the conditions
mentioned above, a limit upon the number of employees in such proposed
operation in order to maintain the commercial nature of the surrounding
premises.
c.
Day-care center.
d.
Modular units for a period, including
any renewals of the permit, which will not exceed one (1) year, subject
to such conditions as the Board deems necessary as set forth above.
In addition, the Board may impose other conditions regarding placement
of the modular units on a permanent foundation; the removal of modular
units tires and axles; skirting; use of tie downs; time limitations
on the use of the modular units as a structure in this district (not
to exceed the limitations first set forth above); and the location
of the placement of the modular unit within the lot, as the Board
of Adjustment may determine. It is the intent of this Section to permit
the temporary use of modular units to meet a temporary need that cannot
be met due to construction time for permanent structures or when exigent
circumstances exist that justify the use of temporary structures.
D.
Intensity Of Use Regulations. No requirement,
except those to meet fire regulations.
E.
Height Regulations. A building may be erected
to any height not in conflict with other regulations.
F.
Yard Regulations.
G.
Parking Regulations. Off-street parking
is not required.
J.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.220; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "I-1"
Light Industrial District §§ 1 – 11), 7-31-1980; Ord. No. 1394 § 6, 8-11-1994; Ord. No. 1513 § 1, 12-14-1995; Ord. No. 1593 §§ III,
VII, 11-14-1996; Ord.
No. 2612, 2-23-2006; Ord. No. 2999 § I, 7-14-2011]
A.
Intent And Purpose Of District. The "I-1"
Light Industrial District is intended for the purpose of allowing
certain industrial uses which do not:
B.
District Regulations. In District "I-1,"
no structure or land shall be used and no structure altered, enlarged
or erected which is arranged, intended or designed for other than
one (1) of the uses listed in the use regulations.
For the purposes of this district,
a mobile home shall not be an authorized "structure," unless specifically
otherwise provided under the regulations of this district.
C.
Use Regulations.
1.
Animal hospitals and enclosed kennels.
2.
Automobile repair and body shop,
providing the storage yard is completely enclosed within a six-foot
high solid fence or wall.
3.
Book cataloging and distribution.
4.
Bottling works.
5.
Building material sales (except for
ready-mix concrete and similar uses which emit dust, odor or smoke).
6.
Carpenter, cabinet, plumbing or sheet
metal shops, providing the storage yard is completely enclosed within
a six-foot high solid fence or wall.
7.
Contractor's office and equipment
storage yard, providing the storage yard is completely enclosed within
a six-foot high solid fence or wall.
8.
Dry cleaning and/or laundry plants.
9.
Frozen food lockers.
10.
Greenhouses and nurseries (retail
and wholesale).
11.
Hardware and lumberyards.
12.
Light manufacturing operations, providing
that such use is not noxious or offensive by reason of vibration or
noise beyond the confines of the building or emission of dust, fumes,
gas, odor or smoke.
13.
Machinery sales, service, repairs,
painting and storage.
14.
Monument sales and manufacture.
15.
Motor vehicle sales and services.
17.
Restaurants (including drive-ins).
18.
Retail sales of products manufactured on the premises by a manufacturing operation that is qualified under Subsection (C)(13) above. It is the intent of this use to provide authorization for retail outlets of light manufacturing operations as to those products manufactured at the site.
19.
Service stations.
20.
Sign printing and manufacturing.
21.
Storage units.
22.
Tire sales and service.
23.
Truck terminals.
24.
Upholstery shops.
25.
Warehouses.
26.
Wholesale merchandise sales and storage.
27.
The Board of Adjustment may, by special
use permit, authorize the exception of a day-care center subject to
such conditions as the Board deems necessary to include, but not limited
to, proper setbacks, landscaping, screening, fencing, maintenance
provisions and other similar requirements.
28.
The Board of Adjustment may, by special
use permit, authorize the following exceptions, subject to such conditions
as the Board deems necessary to include, but not limited to, proper
set backs, landscaping, screening, fencing, maintenance provisions
and other similar requirements.
a.
Modular units for a period, including
any renewals of the permit, which will not exceed one (1) year, subject
to such conditions as the Board deems necessary as set forth above.
In addition, the Board may impose other conditions regarding placement
of the modular unit on a permanent foundation; the removal of modular
unit tires and axles; skirting; use of tie downs; time limitations
on the use of the modular unit as a structure in this district (not
to exceed the limitations first set forth above); and the location
of the placement of the modular unit within the lot as the Board of
Adjustment may determine. It is the intent of this Section to permit
the temporary use of modular units to meet a temporary need that cannot
be met due to construction time for permanent structures or when exigent
circumstances exist that justify the use of temporary structures.
29.
Other Conditional Uses Permitted
— Sexually Oriented Businesses — Purposes, Locations,
Distance Measured.
a.
Purpose. The purpose of these regulations is to protect residential neighborhoods, and the City's parks, schools and churches from the adverse secondary effects of adult oriented businesses as those are defined in Section 410.030 of the City Code for the City of Bolivar, Missouri, including increased crime, prostitution, reduction in property values, economic blight, and deteriorating residential neighborhoods. National studies indicate that such businesses are perceived to have negative secondary effects on surrounding areas. Dispersion of sexually oriented businesses is required in order to avoid concentration of uses that have adverse secondary effects on their surrounding areas.
b.
Locations. An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater may locate only as conditional uses in the "I-1" zoning district. The businesses listed in the preceding sentence are collectively referred to in this paragraph and in Subsection (C)(29)(c) below as "adult businesses." Such uses are prohibited within the area circumscribed by a circle that has a radius of five hundred (500) feet from any:
(1)
Residential zoning district;
(2)
School;
(3)
Park;
(4)
Church;
(5)
Public community center;
or
(6)
Other business establishment
with a license to serve alcoholic beverages by the drink for consumption
on the premises and whose primary business purpose is to sell such
alcoholic beverages to its customers. No more than one (1) such adult
business may locate within one thousand (1,000) feet of another such
adult business.
c.
Distance Measured. The distance required in Subsection (C)(29)(b) shall be measured by following a straight line, without regard to intervening structures or object, from the point of the parcel of property containing an adult business as specified above in Subsection (C)(29)(b) that is nearest to the nearest point of the parcel of property containing another given adult business, residential zoning district, school, park, church, public community center, or other business establishment with a license to serve alcoholic beverages by the drink for consumption on the premises and whose primary business purpose is to sell such alcoholic beverages to its customers.
D.
Intensity Of Use Regulations. A building,
structure, or use allowed in this district may occupy all that portion
of the lot except for that area required for off-street parking and
off-street loading and unloading and their access roads and except
as provided in the yard regulations. No lot shall have less than fifty
(50) feet of minimum street frontage. For lots within a cul-de-sac
— width shall be measured along radius at the front yard setback
line.
[Ord. No. 3879, 8-22-2023]
E.
Height Regulations.
1.
When a building or structure is within
one hundred fifty (150) feet of a residential district zone, said
building or structure shall not exceed forty-five (45) feet in height.
2.
When a building or structure is more
than one hundred fifty (150) feet from a residential district zone,
said building or structure shall not exceed seventy-five (75) feet
in height.
F.
Yard Regulations.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
Where a lot or lots have double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of the corner lot, except the buildable width of such lot shall
not be reduced to less than twenty-eight (28) feet, except where necessary
to provide a yard on the side street not less than five (5) feet in
width.
d.
No accessory building shall project
beyond the front yard line on either street.
2.
Side Yard. There shall be a side
yard on each side of a building and said side yard shall not be less
than five (5) feet.
3.
Rear Yard. There shall be a rear
yard for buildings in this district, which rear yard shall have a
depth of not less than twenty-five (25) feet or twenty percent (20%)
of the depth of the lot, whichever is the smaller.
4.
Fence Required — When. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high shall be constructed by the owner(s) of property zoned "I-1" and which is adjacent to or adjoining a residential district ("R-1," "R-2," "R-3," or "R-4"); however, in the event the adjacent residential district and the "I-1" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of industrial property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "I-1" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "I-1";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "I-1"; or
c.
The "I-1" property has no commercial or industrial buildings or other structures or improvements located thereon and is not actually being used for any commercial or industrial purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvements or at such time as the property commences to be used for any purpose authorized under the "I-1" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the industrial property, unless exempted under the provisions of Subsection (F)(4)(a) or (b).
5.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of this regulation shall be completed within sixty
(60) days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
6.
Waiver Of Compliance Authorized —
Types Of Waivers.
a.
Notwithstanding the other provisions of Subsection (F)(4) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "I-1" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (F)(8) of this Section;
b.
A waiver of any of the three (3)
authorized types shall be effective if:
(1)
It contains a full legal
description of both the residential property and the adjoining industrial
property;
(2)
It is executed by all
persons and entities having an interest in the residential property,
including all persons and entities having or claiming a lien of any
type against such property (except liens for real estate taxes or
assessments);
(3)
The owners and lienholders
of all residential tracts which adjoin a boundary of commercial or
industrial property along the entire length or width of the property
for which the waiver is to be effective executes a waiver complying
with provisions of this Subsection; provided, however, that a terminable
waiver may be granted by an adjoining residential property owner whose
property lies at either end of the commercial or industrial tract
required to be fenced, without a joinder of all other residential
property owners along the common boundary, so long as such waiver
would effect only the beginning or ending points of the required fence
and if the required fence would not adjoin or connect to another fence
required to be constructed on either the same commercial or industrial
property or on adjoining or adjacent commercial or industrial property;
and
(4)
It is recorded in the
office of the Recorder of Deeds of Polk County, Missouri.
c.
Prior to accepting waiver(s) for
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owner's and encumbrance report
issued by a reputable title company in Polk County, Missouri or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time. It shall be the duty
of the Zoning Administrator to obtain an opinion of the City Attorney
that the waivers are in form and are signed by all persons or entities
required under this Section and is in recordable form.
7.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of Subsection (F)(4), the owner(s) of "I-1" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (F)(4)(b), to waive the fencing requirements of Subsection (F)(4) in lieu of a landscape barrier which would otherwise comply with the provisions of these regulations, if the residential property was across a public right-of-way from the "I-1" property, rather than directly adjoining it. All conditions and requirements of Subsection (F)(4)(b) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
8.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (F)(4)(b) or (F)(4)(c) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement; and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "I-1"
property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "I-1" property, if such "I-1" property is later rezoned "C-S" Highway Services District, "C-2" General Commercial District or "I-2" Heavy Industrial District. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the commercial or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (F)(6)(c) of this Section so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "I-1" property shall give written
notice, in recordable form, to the owner of the industrial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "I-1" property shall
give written notice, in recordable form, to the owner of such "I-1"
property and to the Zoning Administrator of the City of Bolivar that
they elect to terminate the waiver as of or after the first date allowed
under the provisions of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the residential and commercial or industrial
property which is affected by the notice and shall make reference
to the book and page of the recording of the original waiver or agreement.
K.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.230; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "I-2"
Heavy Industrial District §§ 1 – 11), 7-31-1980; Ord. No. 1394 § 7, 8-11-1994; Ord. No. 1513 § 1, 12-14-1995; Ord. No. 1593 §§ III,
VIII, 11-14-1996; Ord.
No. 2612, 2-23-2006; Ord. No. 2998 § XIII, 7-14-2011]
A.
Intent And Purpose Of District. The "I-2" Heavy Industrial District is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
District Regulations. In District "I-2,"
no structure or land shall be used and no structure shall be erected,
altered or enlarged which is arranged, intended or designed for other
than one (1) of the uses listed in the use regulations.
For the purposes of this district,
a mobile home shall not be an authorized "structure," unless specifically
otherwise provided under the regulations of this district.
C.
Use Regulations.
1.
Animal hospitals and/or enclosed
kennels.
2.
Bottling works.
3.
Building materials, storage and sales.
4.
Carpenter, cabinet, plumbing and
sheet metal shops.
5.
Contractor's office and equipment
storage yard.
6.
Dry cleaning and laundry plants.
7.
Feed and seed stores.
8.
Frozen food lockers.
9.
Grain elevators.
10.
Greenhouses and nurseries, retail
and wholesale.
11.
Lumberyards.
12.
Machinery sales, repair and storage.
13.
Any enterprise similar to the listed
uses and any manufacturing or fabrication establishments which are
not noxious or offensive by reason of vibration, noise, dust, fumes,
gas, odor or smoke.
14.
Motor vehicle sales, repair and storage.
15.
Public utility and public services uses, except that all antennas, support structures, utility poles, and towers shall be governed by the requirements of Chapter 525 of the City Code.
[Ord. No.
3543, 7-9-2019]
16.
Radiator repair shops.
17.
Restaurants (including drive-ins).
18.
Storage units.
19.
Truck terminals.
20.
Upholstering shops.
21.
Warehouses.
22.
Wholesale houses.
23.
The Board of Adjustment may, by special
use permit, authorize the following exceptions subject to such conditions
as the Board deems necessary to include, but not restricted to, proper
setbacks, landscaping, screening, fencing, maintenance provisions
and other similar requirements:
a.
Auto wrecking yards, junk yards,
salvage yards and scrap processing yards subject, however, to the
following:
(1)
Located on a tract of
land at least three hundred (300) feet from a residential district
zone.
(2)
The operation shall
be conducted wholly within a non-combustible building or within an
area completely surrounded on all sides by a fence or wall at least
eight (8) feet high. The fence or wall shall be of uniform height,
uniform texture and color and shall be so maintained by the proprietor
as to ensure maximum safety to the public, obscure the junk from normal
view of the public and preserve the general welfare of the neighborhood.
The fence or wall shall be installed in such a manner as to retain
all scrap, junk or other material within the yard.
(3)
No junk shall be loaded,
unloaded or otherwise placed either temporarily or permanently outside
the enclosed building, fence or wall or within the public right-of-way.
(4)
Burning of paper, trash,
junk or other waste materials shall be permitted only after approval
of the Fire Department. Said burning, when permitted, shall be done
only during daylight hours.
(5)
No junk, salvage, scrap
or other materials shall be piled or stacked higher than the top of
the required fence or wall.
(6)
Said use shall not be
located on or visible from an arterial street or highway.
[Ord. No. 3645, 1-26-2021]
b.
Petroleum fuel storage.
c.
Ready-mix concrete and asphalt-mix
plants.
d.
Manufacturing or storage of bulk
oil, gas and explosives.
e.
Other uses which may be noxious or
offensive by reason of the emission of odor, dust, smoke, gas, noise
or vibration.
f.
Day-care center.
g.
Modular units for a period, including
any renewals of the permit, which will not exceed one (1) year, subject
to such conditions as the Board deems necessary as set forth above.
In addition, the Board may impose other conditions regarding placement
of the modular unit on a permanent foundation; the removal of modular
unit tires and axles; skirting; use of tie downs; time limitations
on the use of the mobile home as a structure in this district (not
to exceed the limitations first set forth above); and the location
of the placement of the modular unit within the lot as the Board of
Adjustment may determine. It is the intent of this Section to permit
the temporary use of modular units to meet a temporary need that cannot
be met due to construction time for permanent structures or when exigent
circumstances exist that justify the use of temporary structures.
D.
Intensity Of Use Regulations.
[Ord. No. 3879, 8-22-2023]
1.
A building, structure or use allowed
in this district may occupy all that portion of a lot except for the
area required for off-street parking, off-street loading and unloading
and their access roads and as otherwise required in supplementary
district regulations and yard regulations.
2.
In the case where the required off-street
parking and/or loading and unloading will be provided within the building
or structure, then the building or structure may cover the entire
lot except as otherwise required in yard regulations.
3.
No lot shall have less than fifty (50) feet of minimum street frontage.
For lots within a cul-de-sac — width shall be measured along
radius at the front yard setback line.
E.
Height Regulations.
1.
When a building or structure is within
one hundred fifty (150) feet of a dwelling district zone, said building
or structure shall not exceed forty-five (45) feet in height.
2.
When a building or structure is more
than one hundred fifty (150) feet from a dwelling district zone, said
building or structure shall not exceed one hundred fifty (150) feet
in height.
F.
Yard Regulations.
1.
Front Yard.
a.
The front yard shall be a minimum
of thirty (30) feet in depth measured from the front lot line or,
on collector streets, measured sixty (60) feet from the center line
of the street or, on minor arterial streets, measured seventy (70)
feet from the center line of the street or, on major arterial streets,
measured eighty (80) feet from the center line of the street, whichever
front yard setback would be greater.
[Ord. No. 3645, 1-26-2021]
b.
When a lot or lots have double frontage,
the required front yard shall be provided on both streets.
c.
Where a lot is located at the intersection
of two (2) or more streets, there shall be a front yard on each street
side of the corner lot, except the buildable width of such lot shall
not be reduced to less than twenty-eight (28) feet, except where necessary
to provide a yard on the side street not less than five (5) feet in
width.
d.
No accessory building shall project
beyond the front yard line on either street.
2.
Side Yard. There shall be a side
yard on each side of a building and said side yard shall not be less
than five (5) feet.
3.
Rear Yard. There shall be a rear
yard for buildings in this district, which rear yard shall have a
depth of not less than twenty-five (25) feet or twenty percent (20%)
of the depth of the lot, whichever is the smaller.
4.
Fence Required — When. A solid or semisolid fence at least six (6) feet high, except as otherwise provided in the last clause of Section 410.280(A)4) of Article IV, Supplementary District Regulations, but not more than eight (8) feet high, shall be constructed by the owner(s) of property zoned "I-2" and which is adjacent to or adjoining a residential district ("R-1," "R-2," "R-3," "R-4," "MHS" or "MHD"); however, in the event the adjacent residential district and the "I-2" District are separated by a public right-of-way other than an alley, a ten (10) foot landscape buffer which shall consist of trees, shrubs and evergreens shall be provided along the property line (except along the front lot line of industrial property which adjoins a street or highway) and maintained in a healthy growing condition, neat and orderly, by the owner of the property required to install the same. Notwithstanding the provisions of the preceding sentence, the owner of property zoned "I-2" shall have no obligation to construct or install a fence or landscape barrier if:
a.
The residential district was zoned
residential at the request of the owner of such district and at the
time of such request the adjoining property was already zoned "I-2";
b.
The residential district was annexed
at the request of the property owner and was initially zoned residential
at a time when the adjoining property was already zoned "I-2"; or
c.
The "I-2" property has no commercial or industrial buildings or other structures or improvements located thereon and is not actually being used for any commercial or industrial purpose. This exception shall cease and terminate upon the issuance of a building permit for any building, structure or improvement or at such time as the property commences to be used for any purpose authorized under the "I-2" zoning regulations; and upon such termination, the duty to comply with this Section shall be that of the owner of the industrial property, unless exempted under the provisions of Subsection (F)(4)(a) or (b).
5.
Time For Compliance. All fences or
landscape barriers required to be constructed or planted pursuant
to the provisions of this regulation shall be completed within sixty
(60) days following notice by the Zoning Administrator that the property
owner is required to erect or install such a fence or barrier. The
Zoning Administrator may extend the time for compliance with his/her
order for good cause shown by a written extension order. "Good cause"
shall include, but not necessarily be limited to, weather conditions,
season of the year and interference of fences or landscape barriers
with other eminent construction projects in the process of erection
or to be erected on the premises for which building permits have been
requested or issued.
6.
Waiver Of Compliance Authorized —
Types Of Waivers.
a.
Notwithstanding the other provisions of Subsection (F)(4) and subject to all of the provisions and conditions of this Section, the owner(s) of residential property which adjoins a boundary of "I-2" property required to be fenced by these regulations may waive such fencing requirements by an instrument in writing. There shall be three (3) types of waivers:
(1)
A "permanent waiver," which may only be amended or revoked under the limited conditions described in Subsection (F)(8) of this Section;
b.
A waiver of any of the three (3)
authorized types shall be effective if:
(1)
It contains a full legal
description of both the residential property and the adjoining industrial
property;
(2)
It is executed by all
persons and entities having an interest in the residential property,
including all persons and entities having or claiming a lien of any
type against such property (except liens for real estate taxes or
assessments);
(3)
The owners and lienholders
of all residential tracts which adjoin a boundary of commercial or
industrial property along the entire length or width of the property
for which the waiver is to be effective executes a waiver complying
with provisions of this Subsection; provided, however, that a terminable
waiver may be granted by an adjoining residential property owner whose
property lies at either end of the commercial or industrial tract
required to be fenced, without a joinder of all other residential
property owners along the common boundary, so long as such waiver
would effect only the beginning or ending points of the required fence
and if the required fence would not adjoin or connect to another fence
required to be constructed on either the same commercial or industrial
property or on adjoining or adjacent commercial or industrial property;
and
(4)
It is recorded in the
office of the Recorder of Deeds of Polk County, Missouri.
c.
Prior to accepting waiver(s) for
recording pursuant to the provisions of this Subsection, the Zoning
Administrator shall require either an owner's and encumbrance report
issued by a reputable title company in Polk County, Missouri, or an
informational title insurance commitment dated within ten (10) days
of the date of the presentation of the waivers to the Administrator.
The waiver(s) shall also be accompanied by cash or check for the full
amount of the fee to record the same in the office of the Recorder
of Deeds of Polk County, Missouri, according to the Recorder's fee
schedule as may be effective from time to time. It shall be the duty
of the Zoning Administrator to obtain an opinion of the City Attorney
that the waivers are in form and are signed by all persons or entities
required under this Section and is in recordable form.
7.
Agreement For Landscape Barrier In Lieu Of Fence. Further notwithstanding the provisions of Subsection (F)(4) the owner(s) of "I-2" property required to construct a fence pursuant to the provisions of these regulations and the owner(s) of any adjoining residential property may agree, in a writing complying with each of the requirements for a waiver as set forth in Subsection (F)(4)(b), to waive the fencing requirements of Subsection (F)(4) in favor of a landscape barrier which would otherwise comply with the provisions of these regulations, if the residential property was across a public right-of-way from the "I-2" property, rather than directly adjoining it. All conditions and requirements of Subsection (F)(4)(b) for a waiver shall be fully applicable to an agreement under this Section and such conditions and requirements are incorporated into this Section haec verba. An agreement for the installation of a landscape barrier in lieu of a fence shall be a permanent waiver.
8.
Amendments, Modifications Or Terminations
Of Waivers And Agreements.
a.
A "permanent waiver" by a property owner made pursuant to the provisions of Subsections (F)(4)(b) or (F)(4)(c) shall be binding upon the heirs, successors and assigns of the residential owners and lien holders executing the waiver or agreement and may not thereafter be changed, amended or terminated except:
(1)
Ninety (90) days after
the delivery of a notice of termination signed by all of the owners
and lien holders of residential property which constitutes no less
than seventy-five percent (75%) of the boundary of the adjoining "I-2"
property; or
(2)
Ninety (90) days after the delivery of a notice of termination by any one (1) or more of the owners of residential property adjoining a boundary of "I-2" property, if such "I-2" property is later rezoned "C-S" Highway Services District, "C-2" General Commercial District or "I-1" Light Industrial District. A notice of termination given pursuant to this Subsection shall be in writing, shall be in recordable form and shall be given to the owner of the commercial or industrial property affected by the notice and to the Zoning Administrator of the City of Bolivar. A notice of termination given to the Zoning Administrator under item (1) shall be accompanied by an owner's and encumbrance report or an information title insurance commitment complying with the provisions of Subsection (F)(6)(c) of this Section so that the Zoning Administrator may determine that the notice is signed by the correct and required number of owners and lien holders.
b.
A waiver which is for a stated period
of time subject to automatic renewal shall automatically renew for
a term that is the same as the original term unless, on or before
the expiration date, any one (1) or more of the residential property
owners which adjoins a boundary of the "I-2" property shall give written
notice, in recordable form, to the owner of the industrial property
and to the Zoning Administrator of the City of Bolivar that they elect
to terminate the waiver at the end of the then waiver term.
c.
A waiver which is for an indefinite
period of time shall continue until any one (1) or more of the residential
property owners which adjoin a boundary of the "I-2" property shall
give written notice, in recordable form, to the owner of such "I-2"
property and to the Zoning Administrator of the City of Bolivar that
they elect to terminate the waiver as of or after the first date allowed
under the provisions of the original waiver.
d.
In each case where there is a termination
of a waiver or agreement, the residential property owner giving a
notice of termination shall also deliver to the City, with the notice,
a check, cash or money order for the fee which is then required by
Missouri law to record such termination in the office of the Recorder
of Deeds of Polk County, Missouri. Each such notice of termination
shall contain a description of the residential and commercial or industrial
property which is affected by the notice and shall make reference
to the book and page of the recording of the original waiver or agreement.
K.
Trash Disposal. All dumpsters provided
for the disposal of trash shall be placed on a six-inch thick reinforced
concrete pad surrounded by a six-foot privacy fence with locking gate.
[R.O. 2009 § 410.240; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "P"
Planned Development District §§ 1 – 14), 7-31-1980; Ord. No. 1394 § 9, 8-11-1994; Ord. No. 2998 § XIV, 7-14-2011]
A.
Purpose. The purpose of this district is to provide for elements of flexibility in design, placement, arrangement, bulk and other considerations involved in planned districts; to provide a framework within which the buildings and uses in the planned district may be interrelated with adjacent development and areas; and to maintain the desired overall intensity of land use, desired population densities and desired areas of open space. Notwithstanding any other provisions of this Section, this district will not include any uses that would meet the definitions of adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, as those terms are defined by Section 410.030 of this Code.
B.
Use Of The "P" District. The Planned Development
District must always be used in conjunction with one (1) of the other
zoning districts, known as the "underlying district." The requirements
of the "P" District shall be in addition to the requirements of the
underlying district, except that the "P" District may modify some
of the regulations of the underlying district in specific situations.
A "P" District may be used in conjunction with any of the other zoning
districts or with any combination of districts.
An application for rezoning to the
"P" District shall include a preliminary development plan and may
include a concurrent request to change the underlying zoning classification.
If the rezoning is approved, the new district shall include the designation
of the underlying district followed by "P." For example, a Planned
Development District of an "R-2" District shall be known as "R-2-P."
Approval of the rezoning based on
the preliminary development plan shall allow the applicant to submit
a final development plan for approval. No building or occupancy permit
shall be issued until a final development plan has been approved.
The use of the "P" District shall be separate from the subdivision
regulations of the City and the development plans required by the
"P" District shall not be construed as plats. It is recommended that
the subdivision process follow the rezoning/preliminary plan approval,
but precede the approval of the final development plan. Re-subdivision
may be a prerequisite to approval of the final development plan.
C.
Use Regulations. Any use permitted in the
underlying zone shall be permitted. The uses permitted may be voluntarily
restricted by the applicant or restricted as a condition of approval
by the Planning Commission.
D.
Height Regulations. The height regulations
provided for the underlying zoning district shall be required, provided
that the allowed height may be increased by one (1) floor or fifteen
(15) feet upon a showing that the proposed structure is consistent
in scale and bulk to the character of the community and the increase
in density as a result of the increase in height does not create an
adverse effect on the value or utility of adjacent property.
E.
Yard Regulations. The yard regulations
provided for the underlying zoning district shall be required, provided
that the yard regulations may be reduced upon a showing of sufficient
open space accessible to occupants; a separation between structures
for firefighting purposes; and that there is consistency with the
visual character of the community. No yard reductions shall be permitted
for those yard spaces which abut another district.
F.
Use Regulations.
1.
The proposed development shall provide
access to arterial streets in such a way that the traffic generated
by the development will not cause an unreasonably hazardous condition
or inconvenience in the area.
[Ord. No. 3645, 1-26-2021]
2.
Structures and traffic shall be arranged
so that all principal buildings are accessible to emergency vehicles.
3.
Parking shall be provided in a manner
which reduces to a minimum its adverse physical impact in the area.
Screening parking areas with landscaping or walls, breaking parking
areas into smaller units by introducing landscaped areas or other
physical separators are suggested approaches. The parking areas should
be appropriately spaced to serve those units they represent.
4.
The availability of services and
location of public utilities shall have the approval of each agency
involved. Evidence to this effect shall be presented with the preliminary
development plans.
5.
Approval of the final development
plan may be conditioned by the Planning Commission or Governing Body
to minimize any negative impact on the community.
G.
Application For Rezoning. A petition to
change to a "P" Planned District shall be filed with the City, along
with the filing fee as set forth by separate ordinance. A preliminary
development plan shall be attached and shall include the elements
set forth in these regulations. The process for approval shall be
the same as for any rezoning as provided by these regulations.
H.
Approval Procedure. Prior to the approval
by the Governing Body of the preliminary development plan and the
concurrent rezoning to the "P" District, there shall be a newspaper
publication and mailing of notice, a public hearing and a recommendation
by the Planning Commission. If the Governing Body disagrees with the
recommendation, the application shall be returned to the Planning
Commission for reconsideration. Approval of the preliminary development
plan shall be valid for two (2) years from the date of its approval.
The filing and approval of a final development plan for any phase
of the area contained in the preliminary plan shall extend the period
of validity an additional two (2) years. Once approved, the zoning
classification can only be changed through rezoning and cannot be
changed by expiration of the preliminary development plan.
I.
Preliminary Development Plan. The preliminary
development plan shall be prepared at a scale dimension of not more
1 inch = 100 feet and shall include:
1.
Boundaries of project with dimensions
to scale;
2.
Contour intervals of two (2) feet;
3.
Proposed size, height, location and
arrangement of buildings, parking areas with proposed arrangement
of stalls and number of cars, entrance and exit driveways and their
relationship to existing and/or proposed streets;
4.
Preliminary drainage plan in sufficient
detail to show direction of flow, stormwater detention facilities,
if needed, and major drainage structures;
5.
General landscape plan to include
location, height, material and design of all walls, fences, signs
and screen planting;
6.
Note provision for dedication of
new or additional rights-of-way, if needed; such to be dedicated to
the City prior to approval of a final development plan;
7.
Phases of final development;
8.
Name and address of owner, applicant
and engineering firm which prepared the plan;
9.
Seal of engineering firm licensed
in the State of Missouri developing the plan, scale, north point and
date of plan;
10.
A description of any limitations
to be placed on the range of permitted uses, the hours of operation,
the building materials to be used or other similar factors; and
11.
Ten (10) copies shall be submitted.
J.
Final Development Plan. The final development
plan shall be prepared in the same manner and include the same type
of information as the preliminary development plan (updated to show
final sizes, dimensions and arrangement) with the following additions:
1.
Contour lines shall show finished
grading only;
2.
The landscaping plan shall show the
size and type of each tree, shrub and ground cover; and
3.
Drawings showing the size, appearance
and method of illumination for each sign.
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The final development plan shall
substantially conform to the approved preliminary plan, shall be in
final form for the issuance of a building permit, shall have been
previously reviewed by the appropriate City staff and shall include
a construction schedule development. A final approval by the Governing
Body shall authorize construction to begin according to the construction
schedule providing all appropriate permits have been received. Construction
of at least the first stage of development shall begin within three
(3) years from the date the ordinance of the zoning change was published
in the newspaper. If construction does not begin within this period
and no effort is made for an extension of time by the owner, the final
development plan shall be voided.
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K.
Building Permits. On final approval by
the Governing Body, the owner shall provide five (5) copies of the
approved final development plan to the City.
The Zoning Administrator or his/her
designee shall issue building permits only in accordance with the
approved final development plan.
L.
Amendments. If any substantial variation
or rearrangement of buildings, parking area and drives, entrances,
heights or open spaces is requested by the applicant, the applicant
shall proceed by following the same procedure previously followed
and outlined in the preliminary development plan.
M.
Open Space. The Planning Commission may
require the provision of open space to buffer dissimilar uses; to
protect environmentally sensitive areas; or to counterbalance any
reduction in lot area, yard size or bulk limitations.
1.
Open Space Requirements. If the Planning
Commission requires open space, the City and the applicant shall enter
into an agreement providing for the establishment of any agency to
maintain the open space. Such agreement shall include provision for
default, cure by the City and enforcement.
2.
Disposition Of Open Space. The agency established in the preceding Subsection (M)(1) shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the City.
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The development plan process shall
be required prior to any rezoning or issuance of a building permit
for other than a single-family dwelling or church.
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[R.O. 2009 § 410.250; Ord. No. 782 § 1 (Zoning Regs. Art. 2, Topic "PS"
Parks And Public Service District § 1), 7-31-1980]
Purpose. The purpose of this district
is to monitor and oversee the land owned by the City of Bolivar. Contracts
shall be negotiated between the City of Bolivar Board of Aldermen
and the parties desiring to use the land. All zoning regulations for
the property shall be addressed at the time of the development of
the contract based on the zoning regulations of the City of Bolivar
Zoning Department.
