City of Neosho, MO
Newton County
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Table of Contents
Table of Contents
Cross References — Zoning, ch. 405; subdivisions, ch. 410; buildings, Title V.
[CC 1979 App. C §1; Ord. No. 85-13, 4-2-1985]
As used in this Chapter the following terms shall have these prescribed meanings:
CLUSTER
A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
CLUSTER HOUSING SUBDIVISION
A form of residential development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under conventional subdivision and the resultant land area is devoted to prescribed common or public uses such as open space or recreation.
CONDOMINIUM
A building, group of buildings or property in which units are owned individually and the common elements are owned by all the owners on a proportional, undivided basis.
COURT
An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings.
COURT, INNER
A court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.
COURT, OUTER
A court the full width of which opens upon a required yard or street or alley. The width of an outer court is the minimum horizontal dimension measured at right angles to its width.
[CC 1979 App. C §2; Ord. No. 85-13, 4-2-1985]
A. 
The purpose of cluster development is to permit a procedure for development which will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will encourage ingenuity and originality in total subdivision and individual site design; and which can preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto, within the densities established for the cluster net tract area. To achieve these goals:
1. 
Variations in lot areas and lot widths are permitted.
2. 
Flexibility in forms of property ownership is permitted.
3. 
A greater variety of building types is permitted in residential zones.
4. 
Procedures are established to assure adequate maintenance and restricted use of open space areas for the benefit of the inhabitants of the subdivisions or for dedication to public use.
5. 
Procedures are established to assure adequate protection of existing and potential developments adjoining the proposed cluster development.
[CC 1979 App. C §3; Ord. No. 85-13, 4-2-1985]
A. 
Uses specified in the particular Zoning District only are permitted.
B. 
Cluster developments shall consist of at least five (5) dwelling units except that cluster developments that are found by the Planning and Zoning Commission to be a logical extension of an existing or approved cluster development may contain fewer dwelling units.
[CC 1979 App. C §4; Ord. No. 85-13, 4-2-1985]
A. 
Modification of Yard and Lot Requirements. Modification of yard and lot requirements including minimum lot widths and maximum lot coverage may be permitted. Such modifications and variations must be shown on the cluster preliminary subdivision plat.
B. 
Minimum Lot Size Per Unit. The minimum size of a lot of record within the development shall be:
1. 
Three thousand (3,000) square feet in "R-1" districts.
2. 
Two thousand (2,000) square feet in "R-2" districts.
3. 
One thousand (1,000) square feet in "R-3" districts and in commercial districts.
C. 
Minimum dwelling size. Same as District "R-2".
D. 
Public sewer and water required. All dwellings and other buildings shall be served with public sewer and water facilities.
[CC 1979 App. C §5; Ord. No. 85-13, 4-2-1985]
A. 
Cluster commercial and industrial subdivisions may be approved provided:
1. 
No deviation from the uses specified in the particular Zoning District is permitted.
2. 
The proposed subdivision complies with the common open space and common improvements of this Chapter.
3. 
There shall be no prescribed minimum lot area for cluster commercial and industrial subdivisions.
[CC 1979 App. C §6; Ord. No. 85-13, 4-2-1985]
A. 
In each zone allowing cluster housing development, the lot size may be reduced from the minimum lot area prescribed for that zone to the minimum lot size for cluster development. All such lot reductions shall be compensated for by an equivalent amount of land in open space or common area to be preserved and maintained for its scenic or historic value, for recreation or conservation purposes, or for schools, community buildings, historic buildings or sites, or related uses. Common open space or common area shall not include areas devoted to public or private vehicular streets or any land which has been, or is to be, conveyed to a public agency via a purchase agreement.
B. 
Public Ownership. Open space or common area within cluster housing developments may be offered for dedication to the public at the time of application. The Planning and Zoning Commission and City Council or other appropriate public body may accept such dedication upon a finding that the size, location, type of development or cost of development or maintenance of such open space or common area or the availability of public open space would make public use desirable or necessary.
It is, further, the intent of this division to encourage the provision of lands for public recreational and educational purposes. To this end, if land area(s) within a cluster housing development are accepted for public park or public school use, the lot sizes within the development may be reduced by an amount equal to two (2) times the land area dedicated for public park or public school purposes. In no case, however, shall the minimum lot sizes prescribed in the previous Section be reduced.
C. 
Private Ownership. Common open space and common improvement not dedicated to public use shall be protected by legal arrangements, satisfactory to the Planning and Zoning Commission and City Council, sufficient to assure its maintenance and preservation for whatever purpose it is intended and in accordance with this Chapter. Covenants or other legal arrangements shall specify ownership of the common open space; method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain common open space will not be dissolved without the consent of the Planning and Zoning Commission and City Council and any other specifications deemed necessary by the Planning and Zoning Commission and City Council.
D. 
Height and Area Regulations. The height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows: (for exceptions see Section 405.210, "Height and area regulations".
1. 
Height. Buildings or structures shall not exceed forty-five (45) feet or three (3) stories in height.
2. 
Front yards. Same as District "R-1".
3. 
Side yards. Same as District "R-1", including regulations for corner lots.
4. 
Rear yards. Same as District "R-1".
5. 
Lot width. Same as District "R-1".
6. 
Minimum dwelling size. Same as District "R-2".
7. 
Parking regulations. See Section 405.230, "Off-Street Parking and Loading".
[CC 1979 App. C §7; Ord. No. 85-13, 4-2-1985]
A. 
No cluster development may be constructed except in accordance with a preliminary subdivision plat approved by the Planning and Zoning Commission.
B. 
An approved preliminary subdivision plat for a cluster development shall provide for a total environment better than that which could be achieved under standard regulations. If, in the opinion of the Planning and Zoning Commission, the proposed plan could be improved in respect to the criteria listed below by the reasonable modification of the location of common open space or buildings or configurations of lots, streets, and parking areas, the proposed plan shall be so modified or denied.
C. 
A permit for a cluster development shall be granted only if evidence is presented which establishes:
1. 
That the proposed development will be in harmony with the general purposes, goals, objectives, and standards of the master plan, this Chapter and the subdivision regulations.
2. 
That the proposed building or use complies with all applicable regulations of this Chapter except as modified pursuant to the authority of this Section.
3. 
That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking utility facilities, and other matters affecting the public health, safety, and general welfare.
4. 
That the proposed cluster development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property, in accordance with the applicable district regulations.
5. 
That the proposed cluster development will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.
6. 
That the proposed cluster development will not result in the destruction, loss or damage of any natural, scenic, or historic feature of significant importance.
7. 
That individual lots, buildings, streets, and parking areas are designed and situated to minimize alteration of the natural site features to be preserved.
8. 
That the usability of common open space intended for recreation or public use is determined by the size, shape, topographic, and location requirements of the particular purpose proposed for the site.
9. 
That common open space shall include irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of a significant size, and rock outcroppings).
10. 
That common open space intended for a recreation or public use is easily accessible to pedestrians, which accessibility shall meet the needs of the handicapped and elderly.
11. 
That diversity and originality in lot layout and individual building design is encouraged to achieve the best possible relationship between development and the land.
12. 
That individual lots, buildings, and units are arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen the land area devoted to motor vehicle access.
[CC 1979 App. C §8; Ord. No. 85-13, 4-2-1985]
A. 
The regulations set forth in this Section shall apply in all developments where the following features are held in common ownership by persons owning property within a development.
1. 
All lands in common open space, not a part of individual lots, designed for the mutual benefit of a group of persons owning property with a development, where such lands are not dedicated to or conveyed for public use whether or not such lands are required by the provisions of this Chapter, and
2. 
All private streets, driveways, parking facilities, and buildings or portions thereof, as may be provided for the common use, benefit and/or enjoyment of the occupants of the development; whether or not such improvements are required by the provisions of this Chapter.
[CC 1979 App. C §9; Ord. No. 85-13, 4-2-1985]
All lands and improvements as set forth in the Section above shall be established and maintained in accordance with the "Condominium Property Act," Chapter 448, Missouri Statutes or subsequent amendments, except where it can be demonstrated that the provisions of this Chapter can otherwise be satisfied.
[CC 1979 App. C §10; Ord. No. 85-13, 4-2-1985]
All subdivision of property containing common open space and common improvements shall originally be classified as a major subdivision and subject to review in accordance with the provisions of Chapter 410, Subdivision Regulations. Amendments or revisions to an approved subdivision plat containing common open space and common improvements may be classified as a minor subdivision in accordance with the City's subdivision regulations.
[CC 1979 App. C §12; Ord. No. 85-13, 4-2-1985]
The Chairman of the Planning and Zoning Commission and the City Attorney shall review and approve the restrictive covenants, rules and by-laws of the unit ownership, as prepared in accordance with this Section and Chapter 448 of the State Statutes. This approval shall be obtained before any final plat is recorded or final site plan approved. Such documents, once approved, shall become part of the recorded subdivision plat or approved site plan.
[CC 1979 App. C §13; Ord. No. 85-13, 4-2-1985]
A. 
If the Planning and Zoning Commission and City Council determines that the public interest requires assurance concerning adequate maintenance of common open space areas and improvements, the Planning and Zoning Commission and City Council may require that the restrictive covenants, rules and by-laws creating the unit ownership shall provide that if the unit owners establish and maintain such common open space/improvements, or any successor unit owners, shall at any time after establishment of the development fail to maintain the common open space/improvements in reasonable order and condition in accordance with the approved plans, the City may serve notice in writing upon such unit owners. Said notice shall describe how the unit ownership has failed to maintain the common open space/improvements in reasonable condition, shall require that such deficiencies of maintenance be remedied within thirty (30) days thereof, and shall state the date and place of a public hearing. Said hearing shall be held within twenty (20) days of notice.
B. 
At such hearing the City Council may modify the terms of the original notice concerning the deficiencies and may grant an extension of time to remedy these deficiencies.
C. 
If said deficiencies are not corrected, the City may enter upon said common open space and maintain the same for one (1) year in order to preserve the taxable values of the properties within the development and to prevent the common open space/improvement from becoming a public nuisance.
D. 
Said entry and maintenance shall not grant the public any rights to use the common open space/improvements unless the owners voluntarily dedicate the same to the public and such dedication is accepted by the City.
E. 
Before the expiration of said one (1) year period and upon its initiative or upon the request of the unit owners theretofore responsible for the maintenance of the common open space/improvements, the City Council shall call a public hearing upon notice in writing to such organization or to owners of the unit ownership. At said hearing, the unit owners shall show cause why such maintenance by the City shall not, at the election of the City Council, continue for a succeeding one (1) year period.
F. 
If the City Council determines that said unit ownership is ready and able to maintain the common open space/improvements in reasonable condition, the City shall cease to maintain the common open space/improvements at the end of said one (1) year period or at an earlier date prescribed by the City Council.
G. 
If the City Council determines that such organization is not ready and able to maintain the common open space/improvements in a reasonable condition, the City Council may, at its discretion, continue to maintain the common open space/improvements during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
H. 
The rules and by-laws creating the unit ownership shall further provide that the cost of such maintenance by the City shall be assessed ratably against the individual properties within the development that have a right of enjoyment of the common open space/improvements. This assessment shall become a charge on said properties, and such charge shall be paid by the owners of said properties within thirty (30) days after receipt of same. Such assessments shall constitute a lien against all properties within the unit ownership.
[CC 1979 App. C §14; Ord. No. 85-13, 4-2-1985]
A. 
Except as provided, the City shall not be responsible for the maintenance of any common open space/improvements required by this Chapter.
B. 
Initial maintenance of the common open space/improvements within a development shall be the responsibility of the developer. The restrictive covenants, rules and by-laws of the unit ownership may prescribe a method for transfer of maintenance responsibility to a duly constituted property owners' association. In the event no method for transfer or maintenance responsibility is prescribed, the developer shall retain this responsibility until fifty percent (50%) of the development has been sold to the unit owners or other clients. When at least fifty percent (50%) of the development has been sold, the established unit ownership, comprised of the development's unit owners shall be deeded the common open space/improvements and such owners shall become fully responsible for its maintenance and upkeep.
C. 
The maintenance responsibilities of the developer listed shall be specifically indicated in a letter of agreement between the developer and the City. The developer shall submit said letter to the Planning and Zoning Commission at the time of final plat review.