[CC 1996 §405.020; CC 1977 §42.020; Ord. No. 1105 §§III, IV, XI, 5-10-1999; Ord. No. 1527 §I, 5-15-2006]
A.
To
classify, regulate and restrict the locations of trades, industries,
and the location of buildings designed for specified uses; to regulate
and limit the height and use of buildings hereafter erected or structurally
altered; to regulate and limit the intensity of the use and lot areas;
and to regulate and determine the areas of yards, courts and other
open spaces surrounding such buildings, the City is hereby divided
into districts, of which there shall be eleven (11) in number known
as:
1.
"A" Agricultural District.
2.
"R-1" Single-Family Dwelling District.
3.
"R-2" Two-Family Dwelling District.
4.
"R-3" Medium Density Multiple-Family Dwelling District.
5.
"R-4" High Density Multiple-Family Dwelling District.
6.
"RMH" Residential Manufactured Home Park District.
7.
"BR" Business-Residential Overlay District.
8.
"B-1" Highway Business District.
9.
"B-2" Central Business District.
10.
"I" Industrial District.
11.
"O-P" Planned Office Park District.
B.
The
boundaries of these districts are shown upon the "District Map" which
accompanies this Code and is made a part of this Section as if fully
set out herein. Said map and all the information shown thereon shall
have the same force and effect as if all were fully set forth or described
herein. The original of this is properly attested and is on file with
the City Clerk.
C.
All territory which may hereafter be annexed to the City of Bowling Green shall be classified in the "A" Agricultural District unless and until such annexed territory shall be subsequently classified by ordinance in accordance with Section 405.020 of this Chapter.
D.
Whenever
any street or other public way is vacated by official action of the
City of Bowling Green, the zoning district adjoining each side of
such street or public way shall be automatically extended to the center
of such vacation and all area included in the vacation shall then
and henceforth be subject to all appropriate regulations of the extended
districts.
E.
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the District Map, the following rules shall apply.
1.
Where a boundary line is given a position within a street, alley
or non-navigable stream, it shall be deemed to be in the center of
the street, alley or stream, and if the actual location of such alley
or stream varies slightly from the location as shown on the District
Map, then the actual location shall control.
2.
Where a boundary line is shown as being located a specific distance
from a street line or other physical feature, this distance shall
control.
3.
Where a boundary line is shown adjoining or coincident with a railroad,
it shall be deemed to be in the center of the railroad right-of-way
and distances measured from a railroad shall be measured from the
center of the designated main line track.
4.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, such boundaries shall be construed to be the lot lines and where
the districts are bounded approximately by lot lines, said lot lines
shall be construed to be the boundary of such districts unless said
boundaries are otherwise indicated on the map.
5.
In unsubdivided property, unless otherwise indicated the district
boundary line shall be determined by the use of the scale contained
on such map.
F.
Except
as hereinafter provided:
1.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered nor shall any building or land be used
except for the purpose permitted in the district in which the building
or land is located.
2.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, except in conformity with the height,
yard, area per family, parking and other regulations prescribed herein
for the district in which the building or structure is located.
3.
The minimum yards and other open spaces, including lot areas per
family required by this Chapter, shall be provided for each and every
building or structure hereafter erected, and such minimum yards, open
spaces and lot areas for each and every building or structure whether
existing at the time of passage of this Chapter or hereafter erected
shall not be encroached upon or be considered as a yard or open space
requirement for any other building or structure.
4.
Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more
than one (1) main building on one (1) lot unless otherwise provided
in this Chapter.
G.
Unless
the contrary is clear from the context, uses not specifically listed
as permitted uses or conditional uses within the applicable zoning
district regulations are prohibited.
[CC 1996 §405.030; CC 1977 §42.030]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section, are the regulations in
the "A" Agricultural District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes:
1.
Farms, truck gardens and nurseries, including the sale and distribution
of agricultural products and products other than machinery, that are
to be used for agricultural purposes; provided however, that no farm
shall be operated either publicly or privately for the feeding or
disposal of garbage, rubbish or offal.
2.
Airports and landing fields having prior approval of the Federal
Aviation Agency.
3.
Publicly-owned or operated properties.
4.
Public parks, public playgrounds and recreational areas operated
by membership organizations for the benefit of their members and not
for gain.
5.
Railroad rights-of-way.
6.
Public schools and institutions of higher education, public libraries,
municipal buildings.
7.
Single-family dwellings.
8.
Churches and other places of worship, Sunday school buildings and
parish houses.
9.
Cemeteries, including mausoleums; provided that mausoleums shall
be distant at least two hundred (200) feet from every street line
and adjoining lot lines and, provided further, that any new cemetery
shall contain an area of twenty (20) acres or more.
10.
Private clubs, except skeet and gun clubs and those the chief activity
of which is a service customarily carried on as a business.
11.
Roadside stands, offering for sale only farm products which are produced
upon the premises.
12.
Riding stables, veterinary hospitals or the keeping of small animals;
provided that any building or enclosure housing animals shall be located
at least one hundred (100) feet from all property lines.
13.
Grain elevators or similar storage structures, including buildings
for seasonal or temporary storage of grain, whenever such elevator
and temporary storage are located upon or adjacent to a railroad right-of-way.
14.
Hospitals and institutions of an educational, religious, charitable
or philanthropic nature; provided however, that such buildings shall
not be located upon sites containing an area of less than five (5)
acres, may occupy not over ten percent (10%) of the total area of
the lot, and that the buildings shall be set back from all yard lines
a distance of not less than two (2) feet for each foot of building
height.
15.
Accessory building or use customarily incidental to any of the above
uses.
16.
Church bulletin board or a temporary sign not exceeding twenty (20)
square feet in area, appertaining only to the lease, hire or sale
of a building or premises or the sale of products grown and sold on
the premises; provided however, that not more than one (1) sign of
the above character shall be permitted on any lot or tract.
17.
Public utilities including water treatment plants, sewage treatment
plants and electrical distribution plants.
[CC 1996 §405.040; CC 1977 §42.040; Ord. No. 651 §2, 12-7-1981; Ord. No. 1105 §V, 5-10-1999; Ord. No. 1156 §I, 6-12-2000; Ord. No. 1258 §II, 1-21-2002]
A.
Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations of the "R-1" Single-Family Dwelling District.
This district is intended to promote and preserve urban single-family
residential development. The principal land use is a single-family
dwelling. Some public recreational uses, religious facilities, educational
facilities, and uses incidental or accessory to dwellings are included.
B.
Permitted Uses. In any "R-1" District, buildings or land
shall be used only for the following uses:
1.
Farm, nurseries and truck gardens, each of which shall be limited
to the propagation and cultivation of plants, provided no retail or
wholesale business shall be conducted upon the premises, and no noxious
fertilizer is stored upon the premises, and no noxious soil or fertilizer
renovation is conducted thereon.
2.
Churches and synagogues.
3.
Single-family dwellings.
4.
Child care facilities under the following restrictions:
a.
The rear yard shall meet the minimum requirements of this Section
and shall be enclosed with a suitable fence.
b.
Such uses are located in the dwelling unit used by the operator as
a private residence.
c.
No assistant other than a member of the family shall be employed.
d.
No advertising or identification sign shall be placed on the premises.
e.
All City health and fire regulations shall be met.
5.
Garage sales incidental to single-family dwelling use, but not more
than three (3) sales per household per calendar year and not more
than three (3) days in succession for any one (1) sale. No more than
one (1) sign per residential lot shall be allowed to advertise such
garage sale and such sign shall be limited to no more than two (2)
square feet in size, ground mounted no more than three and one-half
(3½) feet above mean grade of land, displaying no more than
three (3) colors and stating only "garage sale and an address". No
sign shall be posted on public property and no sign shall be posted
on any private property without the prior consent of all owners of
said private property. All signs must be erected so as not to constitute
a traffic, pedestrian, safety or health hazard. No sign shall be posted
more than twenty-four (24) hours prior to the sale and must be removed
no later than twenty-four (24) hours after the sale. Any sign not
complying with these requirements shall be removed by the City and
the violation of these requirements shall subject the person or persons
doing so to prosecution for violation of the City ordinances with
a minimum fine of twenty-five dollars ($25.00).
6.
Golf courses and clubhouses appurtenant thereto, except miniature
golf courses, driving ranges and other activities operated as a business.
7.
Home occupations, under the following restrictions:
a.
No alteration of the residential appearance of the premises shall
be made, including the creation of a separate entrance to the dwelling
or utilization of an existing entrance exclusively for the home occupation.
b.
No more than twenty percent (20%) of the total floor area of the
dwelling shall be devoted to the home occupation.
c.
The home occupation shall be conducted entirely within the dwelling
and no stock in trade shall be displayed or visible outside or stored
outside the dwelling, nor shall any raw materials, tools, appliances
or waste products be stored outside of the dwelling.
d.
A single nameplate sign may be used for identification or advertisement
of the home occupation but such sign must be attached flat to the
dwelling, may not be larger than one (1) square foot and may not be
illuminated.
e.
No power source other than electric shall be used in connection with
the home occupation and no single machine shall draw more than one-half
(½) horsepower and not more than one (1) horsepower total shall
be used in connection with the home occupation.
f.
Orders of stock previously made by telephone or at a sales party
may be filled on the premises; provided that, no direct sales of products
off display shelves or racks shall be made from the premises.
g.
The home occupation shall not generate traffic in volumes greater
than would normally be expected in a residential neighborhood. For
purposes of this Subsection, the "normal volume" of
traffic generated by a single-family dwelling is defined as twelve
(12) vehicle trips to and/or from the dwelling per twenty-four (24)
hour period. The home occupation shall not use or necessitate delivery
of finished products by commercial or business vehicles from the dwelling.
All vehicles shall at all times be parked off street.
h.
The home occupation shall not produce noise, noxious odors, vibrations,
glare, fumes or electrical interference detectable to normal sensory
perception outside the dwelling.
i.
Plan review required — compliance required upon notice. All persons desiring to have a home occupation after May 10, 1999,
must first present appropriate plans for review and approval by the
Administrative Officer. Any home occupation existing prior to May
10, 1999, which does not comply with the restrictions shall be brought
into compliance within thirty (30) days of the mailing by the Administrative
Officer of written notice of the deficiency. It shall be unlawful
to fail to comply with the above restrictions after such notice.
8.
Public Police and fire stations.
9.
Public administrative buildings.
10.
Public libraries.
11.
Public museums.
12.
Public parks and playgrounds, including public recreation or service
buildings within such parks.
13.
Public schools, elementary and secondary, private schools with curriculum
equivalent to that of a public elementary or high school, and institutions
of higher learning including gymnasiums, stadiums and dormitories
if located on the campus; provided that, before any building or structure
shall be hereafter constructed on a campus of an institution of higher
learning, a development plan of the campus shall be submitted to the
Commission, and after a public hearing, the Commission shall report
its recommendations to the Board of Aldermen. If the Board of Aldermen
shall approve the development plan by ordinance, such plan shall be
filed with the permanent records of the City. The development plan
shall show existing and future buildings, parking areas, streets and
drives, athletic facilities, and other features which may affect surrounding
property or the public interest. The Administrative Officer shall
determine, or cause to be determined, that any building or structure
hereafter constructed substantially conforms to the approved development
plan prior to the issuance of a building permit. If at any time a
major deviation from the approved plan is proposed, said plan shall
be amended and submitted to the Commission and the Board of Aldermen
for approval in the same manner as the original plan.
14.
Publicly owned and operated community buildings.
15.
Temporary real estate sales office located on property being sold
and limited to a period of sale, but not exceeding two (2) years without
issuance of a conditional use permit therefor by the Board of Adjustment.
16.
Accessory buildings and uses.
C.
Conditional Uses. The following uses shall be permitted
in an "R-1" District only after the issuance of a conditional use
permit therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1 —
2, 3-20-2017]
1.
Buildings and premises for public utility services or public service
corporations, whose buildings or uses the Board of Adjustment deems
reasonably necessary for public convenience or welfare.
2.
Cemeteries, which may include mausoleums thereon, for humans.
3.
Private lakes.
4.
Private outdoor swim and tennis clubs.
5.
Private stables.
6.
Reservoirs, wells, water towers, filter beds, water supply plants
or water pumping stations.
7.
Reuse of places of assembly. Churches and synagogues
or any property used primarily as a place of public assembly as a
permitted use in an "R-1" District may be reused as a place of assembly
subject to the terms and restrictions of the conditional use permit
granted therefor, and further provided that:
a.
The building or structure to be reused was originally constructed
and used primarily as a place of public assembly;
b.
The reuse shall be primarily as a place of public assembly, provided
that uses which are ordinarily accessory uses to a place of public
assembly shall be permitted;
c.
The reuse shall be for not-for-profit and for non-commercial purposes
by a charitable, philanthropic, eleemosynary or other organization
which could be organized as a not-for-profit corporation under State
law; and
d.
The reuse shall not constitute a more burdensome use and not impose
a greater adverse impact on the neighborhood than the existing or
prior use, and in determining such, the Board of Adjustment shall
consider:
D.
Height, Yard And Area Regulations. Any building or portion
of a building hereafter erected, constructed, reconstructed or altered
in any "R-1" District shall conform to the following regulations:
1.
Minimum lot area. Not less than seven thousand
two hundred (7,200) square feet, provided that where a lot of record
existing on the effective date of this Section provides less than
the area required herein, this regulation will not prohibit the erection
of a single-family dwelling, and provided that where a public or community
sewer is not available and in use for the disposal of all sanitary
sewage, each lot shall provide not less than fifteen thousand (15,000)
square feet per dwelling unit.
2.
Minimum lot width. Not less than seventy-two (72)
feet at the building line, provided that where a lot of record existing
on the effective date of this Section provides less than the width
required herein, this regulation will not prohibit the erection of
a single-family dwelling.
3.
Minimum yard requirements.
a.
Front yard depth. Not less than thirty (30) feet.
b.
Rear yard depth. Not less than thirty (30) feet.
[Ord. No. 1833 §§ 1 –
2, 3-20-2017]
c.
Side yard width. Not less than eight (8) feet each.
d.
Additional requirements. Corner lots on blocks
containing interior lots shall provide a side yard of not less than
fifty percent (50%) of the front yard established for such interior
lots, provided that this regulation shall not reduce the buildable
width of a corner lot of record existing on the effective date of
this Section to less than sixty-five percent (65%) of the total width
of such corner lot of record, and provided further that the minimum
side yard regulations in this Section shall be observed. Accessory
buildings on corner lots on blocks containing interior lots shall
not project beyond the front yard line established for such interior
lot, provided that this regulation shall not reduce the buildable
width of such corner lots to less than twenty (20) feet.
4.
Maximum building height. Thirty-five (35) feet.
5.
Vision clearance. On any corner lot on which a
front or side yard is required, no wall, fence, sign or other structure
or plant growth of a type which would interfere with traffic visibility
across the corner shall be permitted or maintained higher than three
(3) feet above the curb level, within fifteen (15) feet of the intersection
of the street right-of-way lines.
6.
Minimum floor area. Not less than nine hundred
sixty (960) square feet per dwelling unit, excluding basements, porches
and garages.
[CC 1996 §405.042; Ord. No. 1105 §V, 5-10-1999]
A.
Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations of the "R-2" Two-Family Dwelling District. This
district is intended to provide for single- and two-family dwelling
residential developments of various types and mixes. The principal
land use is single-family and two-family dwellings.
C.
Conditional Uses. The following uses shall be permitted
in an "R-2" District only after the issuance of a conditional use
permit therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1 –
2, 3-20-2017]
1.
Buildings and premises for public utility services or public service
corporations, whose buildings or uses the Board of Adjustment deems
reasonably necessary for public convenience or welfare.
2.
Cemeteries, which may include mausoleums thereon, for humans.
3.
Private lakes.
4.
Private outdoor swim and tennis clubs.
5.
Private stables.
6.
Reservoirs, wells, water towers, filter beds, water supply plants
or water pumping stations.
7.
Reuse of places of public assembly.
D.
Height, Yard And Area Regulations. Any building or portion
of a building hereafter erected, constructed, reconstructed or altered
in any "R-2" District shall conform to the following regulations:
2.
Minimum lot width. Not less than one hundred (100)
feet at the building line; provided that where a lot of record existing
on the effective date of this Section provides less than the width
required herein, this regulation will not prohibit the erection of
a single-family dwelling.
3.
Minimum yard requirements.
a.
Front yard depth. Not less than thirty (30) feet.
b.
Rear yard depth. Twenty-five percent (25%) of lot
depth or twenty-five (25) feet, whichever is less.
c.
Side yard width. Not less than eight (8) feet each.
d.
Additional requirements. Corner lots on blocks
containing interior lots shall provide a side yard of not less than
fifty percent (50%) of the front yard established for such interior
lots, provided that this regulation shall not reduce the buildable
width of a corner lot of record existing on the effective date of
this Section to less than sixty-five percent (65%) of the total width
of such corner lot of record, and provided further that the minimum
side yard regulations in this Section shall be observed. Accessory
buildings on corner lots on blocks containing interior lots shall
not project beyond the front yard line established for such interior
lots, provided that this regulation shall not reduce the buildable
width of such corner lots to less than twenty (20) feet.
4.
Maximum building height. Thirty-five (35) feet.
5.
Vision clearance. On any corner lot on which a
front or side yard is required, no wall, fence, sign or other structure
or plant growth of a type which would interfere with traffic visibility
across the corner shall be permitted or maintained higher than three
(3) feet above the curb level, within fifteen (15) feet of the intersection
of the street right-of-way lines.
6.
Minimum floor area. Not less than eight hundred
fifty (850) square feet per dwelling unit, excluding basements, porches
and garages.
[CC 1996 §405.044; Ord. No. 1105 §V, 5-10-1999]
A.
Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations of the "R-3" Medium Density Multiple-Family Dwelling
District. This district is intended to provide for medium density
multiple-family dwelling residential development. It may include a
range of residential uses from single-family dwellings to an arrangement
or cluster of multiple-family dwellings, each designed or occupied
by up to four (4) families.
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
B.
Permitted Uses. In any "R-3" District, buildings or land
shall be used only for the following purposes:
1.
All permitted uses in an "R-2" District.
2.
Adult day care facilities.
3.
Single-family attached dwellings each of which contains not more
than four (4) dwelling units, whether singly or arranged in groups
or clusters.
4.
Multiple-family dwellings, each of which contains not more than four
(4) dwelling units, whether singly or arranged in clusters.
5.
Lodging houses, under the following restrictions:
a.
Not more than five (5) guest rooms shall be allowed.
b.
In addition to all other parking requirements, there shall be off-street
parking space provided for each guest room.
c.
No individual room cooking facilities shall be provided.
d.
The lodging house shall be owner-occupied and managed.
e.
All City health and fire regulations shall be met.
f.
Signage shall be limited to one (1) wall-mounted sign not exceeding
eight (8) square feet in size.
g.
Meals shall be served only to residents and overnight guests.
6.
Buildings and premises for public utility services or public service
corporations.
7.
Cemeteries, which may include mausoleums thereon, for humans.
8.
Counseling centers operated by charitable or not-for-profit organizations,
but excluding half-way houses or any use connected with penal or correctional
institutions.
9.
Private lakes.
10.
Private outdoor swim and tennis clubs.
11.
Private stables.
12.
Reservoirs, wells, water towers, filter beds, water supply plants
or water pumping stations.
13.
Reuse of places of public assembly.
C.
Height, Yard And Area Regulations. Any building or portion
of a building hereafter erected, constructed, reconstructed or altered
in any "R-3" District shall be subject to the following regulations:
1.
Minimum lot area. Not less than seven thousand
five hundred (7,500) square feet and not less than two thousand five
hundred (2,500) square feet per dwelling unit, provided that where
a lot of record existing on the effective date of this Section provides
less than the area required herein, but not less than five thousand
(5,000) square feet, this regulation shall not prohibit the erection
of a single-family dwelling.
2.
Minimum lot width. Not less than one hundred (100)
feet at the building line provided that where a lot of record existing
on the effective date of this Section provides less than the width
required herein, this regulation will not prohibit the erection of
a single-family dwelling.
3.
Minimum yard requirements.
4.
Maximum building height. Thirty-five (35) feet.
5.
Vision clearance. On any corner lot on which a
front or side yard is required, no wall, fence, sign or other structure
or plant growth of a type which would interfere with traffic visibility
across the corner shall be permitted or maintained higher than three
(3) feet above the curb level, within fifteen (15) feet of the intersection
of the street right-of-way lines.
6.
Minimum floor area. Not less than eight hundred
fifty (850) square feet per dwelling unit, excluding basements, porches
and garages.
7.
Additional regulations for multiple-family dwellings arranged in
groups or clusters and single-family attached dwellings arranged in
groups or clusters:
a.
There shall be a minimum distance between buildings of sixteen (16)
feet;
b.
A driveway for ingress and egress with a permanent dust-free paved
surface and a minimum width of sixteen (16) feet and arranged to provide
emergency vehicle access to each dwelling unit shall be provided for
all groups of single-family attached dwellings or multi-family dwellings
containing a total of thirty-six (36) or more dwelling units;
c.
No parking shall be allowed in the driveway.
[CC 1996 §405.046; Ord. No. 1105 §V, 5-10-1999]
A.
Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations of the "R-4" High Density Multiple-Family Dwelling
District. This district is intended to provide for high density multiple-family
residential development, but may include a broad range of residential
uses.
B.
Permitted Uses. In any "R-4" District, buildings or land
shall be used only for the following purposes:
1.
All permitted uses in an "R-3" District.
2.
Counseling centers operated by charitable or not-for-profit organizations,
but excluding half-way houses or any use connected with penal or correctional
institutions.
3.
Multiple-family dwellings.
4.
Single-family attached dwellings.
5.
Philanthropic or eleemosynary uses primarily of a residential character.
C.
Conditional Uses. The following uses shall be permitted
in an "R-4" District only after the issuance of a conditional use
permit therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1 —
2, 3-20-2017]
1.
Buildings and premises for public utility services or public service
corporations, whose buildings or uses the Board of Adjustment deems
reasonably necessary for public convenience or welfare.
2.
Cemeteries, which may include mausoleums thereon, for humans.
3.
Private lakes.
4.
Private outdoor swim and tennis clubs.
5.
Private stables.
6.
Reservoirs, wells, water towers, filter beds, water supply plants
or water pumping stations.
7.
Reuse of places of assembly.
D.
Height, Yard And Area Regulations. Any building or portion
of a building hereafter erected, constructed, reconstructed or altered
in any "R-4" District shall be subject to the following regulations:
1.
Minimum lot area. Not less than seven thousand
(7,000) square feet and at least one thousand five hundred (1,500)
square feet per dwelling unit, provided that multiple-family dwellings
exceeding forty-five (45) feet in height shall provide not less than
eight hundred fifty (850) square feet per dwelling unit.
2.
Minimum lot width. Not less than one hundred (100)
feet at the building line provided that where a lot of record existing
on the effective date of this Section provides less than the width
required herein this regulation will not prohibit the erection of
a single-family dwelling.
3.
Minimum yard requirements.
a.
Front yard depth. Not less than thirty (30) feet.
b.
Rear yard depth. Twenty-five percent (25%) of lot
depth or twenty-five (25) feet, whichever is less.
c.
Side yard width. Not less than ten (10) feet, provided
that a corner lot shall provide at least fifteen (15) feet on a side
yard having street frontage.
4.
Maximum building height. Forty-five (45) feet provided
that this requirement shall not apply to multiple-family dwellings
which provide passenger elevators.
5.
Vision clearance. On any corner lot on which a
front or side yard is required, no wall, fence, sign or other structure
or plant growth of a type which would interfere with traffic visibility
across the corner shall be permitted or maintained higher than three
(3) feet above the curb level, within fifteen (15) feet of the intersection
of the street right-of-way lines.
6.
Minimum floor area. Not less than eight hundred
fifty (850) square feet per dwelling unit, excluding basements, porches
and garages.
7.
Additional regulations for multiple-family dwellings and
single-family attached dwellings. Where single-family attached
dwellings, multiple-family dwellings, or groups of single-family attached
dwellings or multi-family dwellings contain a total of thirty-six
(36) or more dwelling units:
a.
There shall be a minimum distance between buildings of sixteen (16)
feet;
b.
A driveway for ingress and egress with a permanent dust-free paved
surface and a minimum width of sixteen (16) feet and arranged to provide
emergency vehicle access to each dwelling unit shall be provided;
and
c.
No parking shall be allowed in the driveway.
[CC 1996 §405.048; Ord. No. 1105 §V, 5-10-1999; Ord. No. 1577 §I, 11-20-2007; Ord. No. 1653 §§I — II, 7-19-2010]
A.
Purpose. The regulations set forth in this Section or set
forth elsewhere in this Chapter, when referred to in this Section,
are the regulations of the "RMH" Manufactured Home Park District.
This district establishes standards for the development and operation
of residential manufactured home parks. The standards are intended
to provide for diverse housing opportunities while affording neighborhood
enhancement and minimizing conflicts with other zoning districts.
B.
Permitted Uses. In any "RMH" District, buildings, land
or premises shall be used only for the following uses and in conformance
with an approved final development plan as provided in these regulations:
1.
All permitted uses in an "R-1" District, except that not more than
two (2) permanent dwelling units shall be located in any manufactured
home park.
2.
Manufactured homes and manufactured home sites offered for lease
or rent only within an approved manufactured home park.
3.
Recreational uses located within an approved manufactured home park
designed for the exclusive use of the residents of the manufactured
home park.
C.
Conditional Uses. The following uses shall be permitted
in an "RMH" District only after the issuance of a conditional use
permit therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1 —
2, 3-20-2017]
1.
All uses listed as conditional uses in the "R-1" District regulations.
D.
Standards And Criteria. The following standards and criteria
shall apply to all manufactured home park developments:
1.
Minimum size of development. Four (4) acres.
2.
Maximum building height. Twenty-four (24) feet.
3.
Yard, setback and private space requirements.
a.
Each manufactured home within a manufactured home park shall be set
back at least twenty (20) feet from any public street right-of-way
or private drive.
b.
Each manufactured home shall be set back at least ten (10) feet from
all lot lines of the manufactured home site upon which located and
which are not abutting a public right-of-way or private drive, provided
that this restriction shall not apply to parking areas, carports and
other accessory uses which are located on lots which do not form the
perimeter of an "RMH" District.
c.
Each manufactured home site shall provide a private outdoor living
area, such as a patio or deck, containing at least forty (40) square
feet and adjoining the manufactured home.
4.
Stormwater management. A stormwater management system
shall be provided and designed to minimize the possibility of soil
erosion and flood damage on site and downstream.
5.
Minimum lot requirements. Each manufactured home
site shall contain at least five thousand (5,000) square feet in area
and provide a minimum fifty (50) feet in width, provided that a manufactured
home site containing a "double wide" manufactured home shall contain
a minimum eight thousand (8,000) square feet in area and provide a
minimum eighty (80) feet in width.
6.
Street and drives, minimum design standards. Interior
access within a manufactured home park may be provided by public streets
or private drives. Public streets shall be built to City standards.
When private drives are used, the following standards shall apply:
a.
Private drives shall be constructed of Portland cement concrete or
asphaltic concrete and shall be designed with adequate strength to
accommodate design loadings and shall include curb and gutter.
b.
Private drives shall be at least thirty-two (32) feet in width, provided
that if guest parking is provided in accordance with this Section,
private drives shall be at least twenty-four (24) feet in width.
c.
Cul-de-sacs shall not exceed seven hundred fifty (750) feet in length
and shall be provided with an outside roadway diameter of not less
than seventy-six (76) feet.
d.
Intersecting private drives shall have centerlines as nearly straight
as possible. Intersection of private drives at angles less than sixty
degrees (60°) shall not be permitted. Jogs with centerline offsets
of more than five (5) feet shall not be permitted.
e.
If an intersection occurs at an angle other than a right angle, the
intersection shall be rounded with a curve at a radius acceptable
to the City's Director of Public Works.
f.
Private drives shall provide maximum grades of ten percent (10%)
and minimum grades of five-tenths of one percent (0.5%).
g.
All private drives entering a public street shall enter at a right
angle and be perpendicular to the public street for a minimum distance
of fifty (50) feet without intersection of private drives. The intersection
of the private drive right-of-way with the public street right-of-way
shall be rounded with radii of not less than thirty (30) feet.
h.
On any intersection corner, no wall, fence, sign, or other structure
or plant growth of a type which would interfere with traffic visibility
across the corner shall be permitted or maintained higher than three
(3) feet above the curb level, within fifteen (15) feet of the intersection
of the right-of-way of the public street or the edges of the private
drives, as applicable.
i.
Street or drive connections to adjacent properties may be required
by the City's Director of Public Works; provided however, that under
normal circumstances, manufactured home, parks shall have their only
access on perimeter streets.
7.
Required access. At least one (1) access point
onto a public street shall be provided for each one hundred (100)
manufactured home sites within a manufactured home park.
8.
Parking requirements. Paved parking shall be provided
on each manufactured home site at the rate of two (2) parking spaces
per manufactured home. In addition, paved guest parking spaces shall
be provided at the rate of one (1) parking space per manufactured
home provided that guest parking shall not be required when public
streets or private drives serving the interior of the manufactured
home park provide a minimum thirty-two (32) feet in width. Parking
spaces may be located on one (1) side of private drives only on private
drives which are at least twenty-eight (28) feet in width. Parking
spaces may be located on both sides of private drives which are at
least thirty-two (32) feet in width.
9.
Stands and tie-downs for manufactured homes.
a.
A stand shall be provided for each manufactured home placed on or
in the ground in such manner as to provide support and leveling for
such manufactured home and shall be designed in accordance with the
City's Building Code.
b.
Anchorage and tie-down shall be provided on each manufactured home
site adequate to prevent overturning or uplifting of the manufactured
home. The anchorage and tie-down shall be adequate to withstand wind
forces and uplift as required by the City's Building Code.
10.
Skirting. All manufactured homes shall be skirted.
Skirting shall be compatible with the manufactured home materials
and shall be finished. Composition building board and raw wood shall
not be used as skirting unless finished with a weatherproof and termite-proof
material.
11.
Miscellaneous standards.
a.
A map of the layout of each manufactured home park at a scale not
greater than 1:5 and showing the location of each manufactured home
site by number shall be displayed at the on-site business office of
the manufactured home park or on the identification sign at the entrance
to the manufactured home park.
b.
Each manufactured home site shall be provided with a sanitary sewer
outlet not less than four (4) inches in diameter connected to the
main sanitary sewer system.
c.
Lighting shall be provided for all private streets, walkways, buildings
and other facilities subject to nighttime use in accordance with City
requirements for residential streets and walkways.
d.
The manufactured home park shall provide vehicle storage areas, in
addition to automobile parking space requirements of this Section,
at the rate of one (1) accessory vehicle parking space for each ten
(10) manufactured homes.
e.
Storage facilities for residents of manufactured home parks may be
provided on individual manufactured home sites or in compounds placed
near manufactured home sites. Storage facilities shall be constructed
of suitable water-resistant materials.
f.
All yard areas and other open spaces not otherwise paved or occupied
by structures shall be landscaped and maintained.
g.
Any enclosed structure attached to a manufactured home shall be composed
of the same or compatible exterior materials and in conformance with
City building codes. No structure shall be constructed within ten
(10) feet from a lot line of any lot which borders the perimeter of
an "RMH" District.
12.
Age regulation, inspection and permits. A permit
shall be required for placement of a manufactured home in the City
limits prior to placement and shall only be issued upon receipt of
the inspection and a determination of the City Administrator or his
or her designee that the manufactured home is less than fifteen (15)
years of age and suitable for human habitation.
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
E.
Procedure For Review And Approval Of A Manufactured Home Park Development
Plan.
1.
The applicant shall prepare and submit a preliminary development
plan to the Commission. Prior to submittal of the preliminary development
plan, the applicant is encouraged to review with the City Administrator
applicable land use and development concepts, regulations and other
concerns that may be raised. The preliminary development plan shall
contain the following information:
a.
The name of the manufactured home park.
b.
A north arrow, scale, and the size of the site to the nearest acre.
c.
The name of the record owners of the land.
d.
Existing zoning of all adjacent property.
e.
The existing topography of the site with contour intervals not greater
than five (5) feet.
f.
The approximate location and arrangement of proposed manufactured
home sites and other building lots on the site.
g.
The total number of manufactured homes proposed and the density of
development.
h.
The proposed location of parking areas, an estimated parking ratio,
and the general arrangement of spaces and drives on the site.
i.
The approximate location of any existing or proposed public street
rights-of-way.
j.
The approximate location of existing sanitary sewers and water mains
within or adjacent to the site.
k.
Natural and modified drainage ways, proposed culverts and detention
areas, if applicable, on the site.
l.
Existing waterways and wooded areas and the approximate location
of the 100-year floodplain, if applicable.
m.
A general description of proposed landscaped areas on the site.
n.
The stages of development, if applicable.
o.
Signature blocks for Commission and Board of Aldermen approvals.
2.
The following additional items shall be submitted along with the
preliminary plan:
3.
The Commission shall conduct a public hearing on the preliminary
development plan after giving notice by publication at least fifteen
(15) days prior to the date of the public hearing and by mailing to
the owners of property located within one hundred eighty-five (185)
feet of the property listed by the applicant. Following the conclusion
of the public hearing, the Commission shall forward the preliminary
development plan to the Board of Aldermen together with a recommendation.
The recommendation of the Commission shall be based upon consideration
of the impact of the proposed manufactured home park on:
4.
The Board of Aldermen, after consideration of the Commission recommendation,
may approve, approve conditionally or refuse to approve the preliminary
development plan.
5.
After approval of the preliminary development plan, the applicant
shall submit a final development plan consistent with the approval
for final review by the Commission. The final development plan shall
depict the following:
a.
The name of the manufactured home park.
b.
A north arrow, scale, small location map, and the size of the site
to the nearest one-tenth (1/10) of an acre.
c.
A survey of the land prepared under the supervision of a Missouri
registered land surveyor.
d.
The name and address of the record owners of the land.
e.
Names of adjacent property owners of unsubdivided land and names
of adjacent subdivisions.
f.
Location of the boundary lines of the site in relation to any section
line or quarter-section line and any corporate boundaries immediately
adjacent.
g.
The existing topography of the site with contour intervals not greater
than five (5) feet and the specific location of the 100-year floodplain,
if applicable.
h.
The location of all manufactured home sites and other proposed buildings
on the site.
i.
The location and number of parking spaces, drives and the parking
ratio.
j.
The location and width of existing street rights-of-way, alleys,
roads and grades for any new streets, private drives and sidewalks.
k.
The location of proposed sanitary sewers, water mains and storm sewers.
l.
Signature blocks for Commission and Board of Aldermen approvals on
all exhibits considered part of the final development plan.
m.
A stormwater management plan.
n.
A landscaping plan including design, location, size and type of materials.
6.
After review, the Commission shall forward the final development
plan to the Board of Aldermen with a recommendation. In making a recommendation,
the Commission shall also determine whether the final development
plan is in substantial conformance with the approved preliminary development
plan for the manufactured home park. Approval of the final development
plan by the Board of Aldermen shall be deemed to satisfy the requirements
of the subdivision regulations for a preliminary plat, provided all
those requirements have been met.
7.
No permit shall be issued until the final development plan for the
manufactured home park is approved by the Board of Aldermen.
8.
In the event that development of the approved manufactured home park
has not commenced within two (2) years of the date of approval of
a final development plan, the approval of the final development shall
lapse and the applicant for subsequent approval shall be subject to
all requirements of this Section for approval of a manufactured home
park.
9.
Following final approval of a manufactured home park, minor adjustments
to the approved final development plan may be authorized by the City
Administrator. Changes, other than those considered minor by the City
Administrator, shall be submitted to the Commission for review. If
the Commission considers the change to be in substantial compliance
with the approved final development plan, the Commission may approve
the revision. If the Commission considers the change to be a substantial
deviation from the approved final development plan, a revised preliminary
plan shall be required and shall be reviewed as a new application.
F.
Application To Enlarge Existing Manufactured Home Parks. Application to enlarge manufactured home parks existing on the effective
date of this Section shall be subject to all provisions of this Section
relating to requirements for new manufactured home parks. Such applications
shall be accompanied by preliminary and then final development plans
showing both the proposed enlargement and its relationship to the
existing manufactured home park.
G.
Inspection Of Manufactured Home Parks. The City's Building
Inspector and Health Officer shall have the power to enter at reasonable
times upon any private or public property for the purpose of inspecting
and investigating conditions relating to compliance with this Section.
It shall be the duty of the management of any manufactured home park
to give the Health Officer or Building Inspector free access to all
manufactured home park sites for the purpose of inspection.
[CC 1996 §405.049; Ord. No. 1105 §V, 5-10-1999]
A.
Purpose And Operation Of Overlay District. The regulations
set forth in this Section or set forth elsewhere in this Chapter,
when referred to in this Section, are the regulations of the "BR"
Business Residential Overlay District. This district establishes standards
to provide for service type businesses located adjacent to single-family
residential lots or structures and for the development and operation
of low impact and intensity businesses located in residential-type
structures as a transition to and buffer between those higher intensity
business uses permitted within "B-1" and "B-2" Business Districts
and lower intensity residential uses within "R" Residential Districts.
As an overlay district, the "BR" District regulations shall be in
addition to and shall overlap and overlay the requirements of all
other zoning districts such that any parcel of land lying within a
"BR" District as shown on the Zoning District Map shall also lie in
one (1) of the other zoning districts provided for in this Chapter.
Permitted uses specified herein shall be subject to the applicable
regulations of the underlying zoning district in addition to the "BR"
District regulations.
B.
Permitted Uses. In addition to the uses permitted in the
applicable underlying zoning district, a building and/or premises
may be used for the following uses:
1.
Advertising agency.
2.
Bank.
3.
Telephone switching facility.
4.
Office, general or professional (i.e., accounting, law, insurance
agency, real estate brokerage or similar).
5.
Medical or dental office or clinic.
6.
Beauty parlor/barbershop.
7.
Communications/electronics equipment, installation and repair.
8.
Data/information processing.
9.
Locksmith.
10.
Mortuary or funeral home.
11.
Photocopying or duplicating services.
12.
Photographic studio.
13.
Sewing and millinery shop (custom).
14.
Shoe repair.
15.
Tailor shop.
16.
Travel agency.
17.
Upholstery shop or furniture repair (non-automobile).
18.
Antique shop.
19.
Art dealer/art gallery.
20.
Book or stationery shop.
21.
Camera or photographic supply shop.
22.
Nursing home.
C.
Regulations Applicable To Permitted Uses Within "BR" District. The following regulations shall apply to any permitted use within
a "BR" District which is not also a permitted use in the applicable
underlying zoning district:
1.
Off-street parking. One (1) parking space shall
be provided for each employee and one (1) additional parking space
shall be provided for each two hundred (200) square feet of interior
space, excluding basements and storage areas. No parking shall be
permitted in required front yards.
2.
Outside storage, delivery. No outdoor display or
storage shall be permitted. No deliveries having a frequency of more
than one (1) per month shall be made from tandem axle trucks, truck-tractors
or trailers.
3.
Signage. Signage shall be limited to one (1) non-illuminated,
wall-mounted or monument sign of not more than three (3) square feet
of message area.
4.
Solid waste. All exterior solid waste storage or
disposal containers and container racks or stands shall be screened
from public view by a sightproof enclosure a minimum of five (5) feet
in height. No solid waste storage or disposal containers or facilities
shall be located in a required front yard.
D.
Supplemental Regulations Applicable To Permitted Uses Within A Residential
Underlying District. The following additional, supplemental
regulations shall apply to any permitted use within a "BR" District
where the underlying district classification is "R" Residential:
1.
No alterations or modifications shall be made to the exterior of
any residential building existing on the effective date of this Section
which are incompatible or inconsistent with the residential character
of the building.
2.
All buildings shall conform to all required setbacks in the underlying
residential zoning district.
3.
Where a use permitted within a "BR" District directly adjoins a residential
property, a landscaped greenbelt at least fifteen (15) feet in width
shall be provided and maintained along the appropriate property line
of the "BR" use. The open area shall be planted with trees and/or
shrubs. All landscaping shall be maintained in a healthy, growing
condition and shall be at all times neat and orderly in appearance.
The fifteen (15) foot greenbelt shall not be used for off-street parking
facilities or for loading space. Along the inner side of the greenbelt,
except when the greenbelt adjoins a public street, there shall be
provided either:
4.
Where any new building construction, including restoration of an
existing residential building, is proposed for a use permitted in
a "BR" District, prior to the issuance of any occupancy permit, the
building:
[CC 1996 §405.050; CC 1977 §42.050; Ord. No. 710 §II, 11-4-1985; Ord. No. 818 §I, 3-4-1991; Ord. No. 1105 §VI, 5-10-1999; Ord. No. 1665 §I, 1-24-2011]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section, are the regulations in
the "B-1" Highway Business District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes:
1.
Boarding or lodging homes, motels, hotels, and apartments if such
apartments are on the second floor or higher.
[Ord. No. 1937, 9-20-2021]
2.
Bowling alleys, dance halls or skating rinks.
3.
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
4.
Dressmaking, tailoring, shoe repairing, repair of household appliances,
bicycle repair, dry cleaning and pressing, self-service laundries
and cleaning establishments, bakeries with or without sale of bakery
products on the premises and other uses of a similar nature.
5.
Farm machinery, implements and equipment sale or repair.
6.
Filling stations, commercial garages, automobile repair shops, new
or used automobile sales lots, automobile parking lots and truck terminals,
provided that outdoor storage of inoperative vehicles or of vehicle
parts shall be permitted only if screened from public view by a sight-proof
enclosure of wood or masonry construction at least ten (10) feet in
height and set back a minimum thirty (30) feet from any lot line.
7.
General service and repair establishments, including dyeing or cleaning
works, laundries, plumbing and heating, printing, painting, upholstering,
tinsmithing and other uses of a similar nature.
8.
Funeral homes or mortuaries, including crematoriums.
9.
Hospital or clinics for small animals, dogs, cats, birds and the
like.
10.
Laboratories. Research, experimental or testing.
11.
Offices and office buildings.
13.
Personal service uses, including barbershops, beauty parlors, photographic
or artists studios, taxicabs, newspaper or telegraphic service stations,
dry cleaning receiving stations, restaurants and other personal service
uses of a similar nature.
14.
Private clubs and lodges, retail stores, including florist shops
and greenhouses in connection with such shops, but there shall be
no slaughtering of animals or poultry on the premises of any retail
store.
15.
Theaters, drive-in theaters and assembly halls.
17.
(Reserved) See editor's note at (B)(16).
18.
(Reserved) See editor's note at (B)(16).
19.
(Reserved) See editor's note at (B)(16).
20.
(Reserved) See editor's note at (B)(16).
C.
Conditional Uses. The following uses shall be permitted
in a "B-1" District only after the issuance of a conditional use permit
therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
1.
Manufacture or assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games and
electrical or electronic apparatuses.
2.
Manufacture of boats, bolts, nuts, screws and rivets, ornamental
iron products, firearms, electrical appliances, tools, dies, machinery
and hardware products, sheet metal products and vitreous enameled
metal products.
3.
Manufacture or storage of food products, including beverage
blending or bottling, bakery products, candy manufacture, fruit and
vegetable processing and canning, packaging and processing of meat
and poultry products, but not distilling of beverages or slaughtering
of poultry or animals.
4.
Manufacture of rugs, mattresses, pillows, quilts, millinery,
hosiery, clothing and fabrics, printing and finishing of textiles
and fibers into fabric goods, boxes, crates, furniture, baskets, veneer
and other wood products of a similar nature.
5.
Generally those light manufacturing uses similar to those identified
specifically as conditional uses which do not create any more danger
to health and safety in surrounding areas and which do not create
any more offensive noise, vibration, smoke, dust, lint, odors, heat
or glare.
[CC 1996 §405.070; CC 1977 §42.070; Ord. No. 818 §II, 3-4-1991; Ord. No. 1105 §VIII, 5-10-1999]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section, are the regulations in
the "B-2" Central Business District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes:
1.
Any use permitted in the "B-1" Highway Business District.
C.
Conditional Uses. The following uses shall be permitted
in the "B-2" District only after the issuance of a conditional use
permit therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
1.
Manufacture or assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games and
electrical or electronic apparatuses.
2.
Manufacture of boats, bolts, nuts, screws and rivets, ornamental
iron products, firearms, electrical appliances, tools dies, machinery
and hardware products, sheet metal products and vitreous enameled
metal products.
3.
Manufacture or storage of food products, including beverage
blending or bottling, bakery products, candy manufacture, fruit and
vegetable processing and canning, packaging and processing of meat
and poultry products, but not distilling of beverages or slaughtering
of poultry or animals.
4.
Manufacture of rugs, mattresses, pillows, quilts, millinery,
hosiery, clothing and fabrics, printing and finishing of textiles
and fibers into fabric goods, boxes, crates, furniture, baskets, veneer
and other wood products of a similar nature.
5.
Generally those light manufacturing uses similar to those identified
specifically as conditional uses which do not create any more danger
to health and safety in surrounding areas and which do not create
any more offensive noise, vibration, smoke, dust, lint, odors, heat
or glare.
[CC 1996 §405.075]
A.
The
regulations contained in this Section are the district regulations
in the "I" Industrial District. These regulations are supplemented
and qualified by additional general regulations contained elsewhere
in this Title and made part of this Section by reference.
B.
Permitted Land Uses. Except as otherwise provided,
a building or premises shall be used only for the following purposes:
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
1.
Manufacture or assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games and
electrical or electronic apparatuses.
2.
Manufacture of boats, bolts, nuts, screws and rivets, ornamental
iron products, firearms, electrical appliances, tools, dies, machinery
and hardware products, sheet metal products and vitreous enameled
metal products.
3.
Manufacture or storage of food products, including beverage
blending or bottling, bakery products, candy manufacture, fruit and
vegetable processing and canning, packaging and processing of meat
and poultry products, but not distilling of beverages or slaughtering
of poultry or animals.
4.
Manufacture of rugs, mattresses, pillows, quilts, millinery,
hosiery, clothing and fabrics, printing and finishing of textiles
and fibers into fabric goods, boxes, crates, furniture, baskets, veneer
and other wood products of a similar nature.
5.
Generally those light manufacturing uses similar to those identified
specifically as permitted uses which do not create any more danger
to health and safety in surrounding areas and which do not create
any more offensive noise, vibration, smoke, dust, lint, odors, heat
or glare than that which is generally associated with light industries
of the type specifically permitted.
6.
Warehouse and storage facilities.
C.
Conditional Uses. The following uses shall be permitted
in an "I" District only after the issuance of a conditional use permit
therefor by the Board of Aldermen:
[Ord. No. 1833 §§ 1
— 2, 3-20-2017[1]]
1.
Bakery whose products are sold at retail on the premises;
2.
Bank;
3.
Barbershop or beauty parlor;
4.
Business or commercial school or dancing or music academy;
5.
Catering establishment;
6.
Clinics providing the practice of medicine or dentistry for humans
but not including inpatient care or major surgery operating rooms;
7.
Electric and shoe repairs;
8.
Filling stations;
9.
Fire station;
10.
Hospitals and clinics for animals, but not open kennels;
11.
Lodge halls;
12.
Messenger or telegraph service stations;
13.
Office buildings;
14.
Painting and decorating shop;
15.
Parks and playgrounds;
16.
Photograph gallery;
17.
Post office;
18.
Public garage: Except that the vehicle storage of such use shall
be located behind the building, if possible and screened by privacy
fence and landscaping;
19.
Recreation building or structure;
20.
Restaurants;
21.
Sales or show rooms except no vehicle, heavy equipment or manufactured
home sale lots;
22.
Stores or shops for the conduct of a retail business;
23.
Theater or amusement place;
24.
Tailor shop;
25.
Undertaking establishment;
26.
Accessory buildings and uses customarily incident to the above uses.
D.
Height Regulations And Exterior Building Requirements.
1.
No building shall exceed two and one-half (2½) stories or
forty (40) feet in height.
2.
All buildings to be erected within this zoning district shall be constructed in accordance with the building ordinances of the City of Bowling Green, Missouri, the provisions of Section 500.010 of this Code and the regulations of the Bowling Green Fire District and shall be constructed with brick veneer on all walls facing a street. Walls perpendicular to the wall facing the street shall be of masonry construction provided they are at right angles to the wall facing the street. Any configuration other than right angle shall require the wall to be brick veneer. Not less than eighty percent (80%) of area of the exterior walls requiring brick veneer, excluding windows and doors, shall be constructed with brick facings. The remaining twenty percent (20%) shall be of color that is compatible with the brick color.
3.
Exceptions. Restaurant exteriors which are consistent
with an advertising theme may be exempted from this Section by a two-thirds
(⅔) majority approval of the Board of Aldermen, upon application,
provided that all other applicable standards are met.
E.
Area Regulations.
1.
Front yard.
a.
There shall be a front yard having a depth of not less than thirty
(30) feet, unless forty percent (40%) or more of the frontage on one
(1) side of the street between two (2) intersecting streets is improved
with buildings that have observed a front yard line with a variation
in depth of not more than ten (10) feet, in which case no building
shall project beyond the average front yard line so established, but
this regulation shall not be interpreted to require a front yard of
more than fifty (50) feet, except that where all the frontage on one
(1) side of a street between two (2) intersecting streets is a "Business zone", the depth of the front yard may be reduced
from fifty (50) to thirty (30) feet unless the average setback of
existing structures permits a lesser depth.
b.
Where a lot is located at the intersection of two (2) or more streets,
the front yard requirements of the above paragraph shall apply to
each street side of the corner lot, except that the buildable width
of such lot shall not be reduced to less than fifty (50) feet. No
accessory building shall project beyond the front yard line on either
street.
2.
Side yard.
a.
Buildings within this district shall have a side yard on each side
of a building having a width of not less than six (6) feet, unless
a lot of record existing on the date of this ordinance has less than
forty (40) feet, the side yard of 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.
b.
On the side of a lot adjoining on a dwelling or non-urban district,
there shall be a side yard of not less than ten (10) feet.
3.
Rear yard.
a.
There shall be a rear yard having a depth of not less than thirty
(30) feet, unless the lot is less than one hundred twenty-five (125)
feet in depth and was of record on the date of this ordinance in which
case the rear yard need not exceed twenty percent (20%) of the depth
of such lot.
4.
Intensity of use. Every lot or tract of land shall
have an area of not less than ten thousand (10,000) square feet.
[Ord. No. 1527 §II, 5-15-2006]
A.
Purpose. The purpose of this district is to enable innovation
and flexibility in design and to promote environmentally sound and
efficient use of land. This district shall be a "floating district"
and not attached to any land until such land is affirmatively rezoned
by the Board of Aldermen. The major objectives of an "O-P" Planned
Office Park District are:
B.
Permitted Uses. In the "O-P" Planned Office Park District,
no building, land or premises shall be used and no building shall
be hereafter erected, constructed, reconstructed or altered except
for one (1) or more of the uses allowed by the ordinance placing the
property in the "O-P" Planned Office Park District, except as otherwise
permitted as a non-conforming use under this Section. The Planning
and Zoning Commission shall recommend and the Board of Aldermen, at
the time of rezoning, shall designate the use or uses allowed for
the applicant's property from the following uses:
1.
Banks, other financial institutions and travel agencies.
2.
Buildings and premises for public utility services or public service
corporations.
3.
Drive-up facilities incidental to any permitted uses.
4.
Hospitals for human beings, medical or dental clinics, sanitariums
and medical laboratories.
5.
Office buildings used for the administrative functions of businesses,
professions, companies, corporations; and social, philanthropic, eleemosynary
or governmental organizations or societies.
6.
Offices for professional and business use involving the sale or provision
of services, but not the sale or rental of goods, including, but not
limited to: doctors, dentists, lawyers, certified public accountants,
insurance sales, etc.
7.
Any other use the Board of Aldermen deems consistent with the intent
of the "O-P" Planned Office Park District.
C.
Change In Use. The owners of property in an "O-P" Planned
Office Park District may apply for a change in the permitted uses
of their property. Such applications shall be treated as requests
for rezoning.
D.
Standards And Criteria. The following standards and criteria
shall apply to all "O-P" developments:
1.
Minimum size. Three (3) acres.
2.
Yards. Yards shall be provided as follows:
a.
Front. Not less than thirty (30) feet from collector
and arterial streets and twenty-five (25) feet from all other streets.
b.
Rear. Not less than twenty-five (25) feet, except
not less than thirty (30) feet when abutting a residential zoned district.
c.
Side. Not less than fifteen (15) feet, except that:
d.
There shall be no setback required from a common area as long as
the common area is at least as wide as the required yard.
e.
The applicant may request, the Planning and Zoning Commission may
recommend and the Board of Aldermen may approve a lesser minimum yard.
3.
Building height. No specific maximum; however, there
shall be one (1) additional foot of rear yard and interior side yard
setback provided above the required minimum for each additional foot
of height for buildings over thirty-five (35) feet tall abutting a
residential zoned district. The applicant may request or the Planning
and Zoning Commission may recommend and the Board of Aldermen may
approve a greater maximum building height.
4.
Vision clearance. On any corner lot, no wall, fence,
sign or other structure or no plant growth of a type which would interfere
with traffic visibility across the corner shall be permitted or maintained
higher than three (3) feet above the curb level, within fifteen (15)
feet of the intersection of the street right-of-way lines.
5.
Parking and loading. The provisions of Section 405.380, Off-Street Parking Regulations shall apply, except that the Planning and Zoning Commission may recommend and the Board of Aldermen may approve a lesser parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, a lesser requirement is deemed appropriate.
6.
Screening and landscaping. A permanent screen consisting
of a masonry wall, wood fence, landscaping material or combination
thereof, at least eight (8) feet in height and, when a fence is used,
not to exceed twelve (12) feet in height, shall be required where
a lot in this district abuts residentially zoned land. If landscaping
material, including live vegetation, is used for the screening, such
landscaping materials, including live vegetation, shall achieve a
height of at least eight (8) feet within four (4) full growing seasons
and shall provide adequate screening year round. In the event a masonry
wall or wood fence is used, landscaping shall be placed between the
wall or fence and the property line to form an ornamental screen.
The required screening and landscaping shall be maintained in good
order and not allowed to exist in a state of disrepair or death. If
wood fencing is used, it shall be durable in nature and treated to
prevent rapid deterioration. Failure to maintain the required screening
and landscaping shall be considered a violation of this Section.
The applicant may request or the Planning and Zoning Commission
may recommend and the Board of Aldermen may approve less stringent
screening and landscaping requirements if, after considering topography,
surrounding uses and other relevant factors, less stringent screening
and landscaping requirements are deemed appropriate.
7.
Drainage. A drainage system shall be designed to
minimize the possibility of soil erosion and flood damage.
8.
Access and circulation. The traffic circulation
system shall provide for the safe, convenient and efficient movement
of goods and people with a minimum of conflict between various modes
of travel. The streets and pedestrian ways within the proposed development
shall be public and within a public right-of-way, except private streets
and pedestrian ways may be permitted under the following conditions:
a.
Roadways and streets.
(1)
The streets shall be designed, constructed and maintained according
to any applicable minimum City standards for private streets;
(2)
The private streets do not provide the only vehicular access
to public streets from other property located outside the development;
(3)
The streets shall be located in designated common areas which
shall be platted as a separate lot or lots;
(4)
A notation shall be written on the approved plan and recorded
plat which reads: "All maintenance of the private streets shown on
this plat shall be the responsibility of the owners' association or
abutting property owners. No private streets shall be dedicated to
nor accepted by the City for maintenance until they have been improved
to minimum City standards for public streets"; and
(5)
The street signs for private streets shall indicate "Private
Street" so as to distinguish them from public streets.
b.
Pedestrian ways. Provisions shall be made for pedestrian
travel within the development and shall connect with existing pedestrian
systems or allow for future extensions to activity centers outside
the development (i.e., schools, parks, shopping areas, etc.). Sidewalks
shall be required along private streets as they would be required
for public streets, except no sidewalks shall be required on the side
of a street without any buildings or driveways. All maintenance of
private pedestrian ways shall be the responsibility of the property
owner.
E.
Procedure For Review And Approval Of "O-P" Zoning.
1.
The first (1st) step in the approval process shall be a concept review
to discuss and document the proposal. The concept review is an informal
discussion and review between the City Administrator or designee and
the applicant to discuss land use and development concepts, applicable
regulations and other concerns that may be raised.
2.
The second (2nd) step shall be the submission of an application for rezoning to "O-P". Rezoning shall be done in accordance with Section 405.040 Amendments and shall be accompanied by a statement of intent. The statement of intent shall be a letter, signed by the applicant or his/her agent, containing the following information about the proposed "O-P" development:
a.
The uses proposed.
b.
The maximum gross square feet of building floor area proposed.
c.
The maximum building height proposed.
d.
The minimum percentage of the site to be maintained in open space.
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At the discretion of the applicant, the statement of intent
may include other aspects of the proposed development. The statement
of intent shall become part of the ordinance approving the "O-P" zoning
and shall be binding upon the owners, their heirs and assigns until
such time as the Board of Aldermen may release such limitations on
the use of the subject property under the procedures provided herein.
The statement of intent is also intended to provide guidance for any
future revisions to the "O-P" development plan.
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3.
Agreement to fund City review of "O-P" zoning application
and development plan. As a prerequisite to the City's consideration
of any "O-P" zoning application and development plan, the applicant
shall enter into a written and enforceable agreement with the City
to fund the City's review of the applicant's "O-P" zoning application
and development plan. This review may include, but is not limited
to, the procurement of private technical planning, engineering and
legal expertise. No term of any agreement to fund the City's review
of an "O-P" zoning application and development plan shall limit or
be construed to limit the City's review and consideration of the "O-P"
zoning application, development plan and supporting materials or the
City's sole discretion and ability to select and hire the necessary
and proper technical planning, engineering and legal experts to assist
in the proper review of the "O-P" zoning application and development
plan.
4.
The Planning and Zoning Commission shall issue a report and recommendation
on the "O-P" zoning request.
5.
The Board of Aldermen, after a duly noticed hearing subject to the provisions of Section 405.040 Amendments, shall approve, approve with conditions or disapprove the "O-P" zoning request. An ordinance placing property in an "O-P" Planned Office Park District shall specify the uses allowed. Prior to a vote on an ordinance placing property in an "O-P" Planned Office Park District that contains conditions, the applicant shall be given an opportunity to:
F.
Procedure For Review And Approval Of An "O-P" Development Plan.
1.
Guarantee of completion. Before approval of a development
plan, the Board of Aldermen shall require a written agreement with
safeguards approved by the City Attorney to secure construction of
public improvements and guaranteeing completion of the site development
plan or designated portion thereof in a period to be specified by
the Board of Aldermen but which period shall not exceed five (5) years
unless extended by recommendation of the Planning and Zoning Commission
for due cause shown and approved by the Board of Aldermen. The agreement
shall provide a performance bond or escrow covering one hundred percent
(100%) of the estimated cost of all public improvements.
2.
After Board of Aldermen approval of the rezoning, the applicant shall
submit a development plan for review and approval by the Planning
and Zoning Commission. The development plan shall be processed in
the same manner as a rezoning request. Advertising costs shall be
at the applicant's expense. Prior to the public hearing held by the
Board of Aldermen, the Planning and Zoning Commission shall forward
the development plan to the Board of Aldermen with its recommendation.
The Board of Aldermen will then conduct a public hearing and take
action to approve, approve with conditions or disapprove the plan.
3.
The development plan submittal shall include the following:
a.
The name of the "O-P" development.
b.
A north arrow, scale, small location map and the size of the site
to the nearest one-tenth (0.1) of an acre.
c.
The name and address of the record owners of the land.
d.
Names of adjacent property owners of unsubdivided land and the names
of adjacent subdivisions and the zoning of adjacent property.
e.
The location of the boundary lines of the site in relation to any
section line or quarter-section line and any corporate boundaries
immediately adjacent.
f.
The existing topography of the site with contour intervals no greater
than five (5) feet and the specific location of the 100-year floodplain,
if applicable.
g.
The location and height of all buildings. The minimum
distance from buildings to perimeter property lines shall be shown
or stated on the plan.
h.
The location and number of parking spaces, drives, walkways and the
parking ratio.
i.
The location and width of existing street rights-of-way, alleys,
roads, railroad rights-of-way and recorded easements; and the proposed
location, width, name and grade for any new street.
j.
The location and size of existing and proposed sanitary sewers, water
mains, storm sewers and natural gas mains within or adjacent to the
site and any proposed easements.
k.
Signature blocks for Commission and Council approvals on all exhibits
considered part of the development plan.
l.
A conceptual stormwater management plan showing critical environmental
areas such as streams, lakes, ponds and wetlands; existing streets,
utilities and drainage structures; proposed stormwater management
facilities and structures; and the location, type and approximate
size of any proposed on-site detention and specifying the design storms
that will be met.
m.
A conceptual landscaping plan showing the areas to be landscaped
or preserved, the general types of landscaping materials (trees, shrubs,
lawn, etc.) proposed for each area and the percent of the total site
to be landscaped or preserved.
n.
The proposed location and general description of signs not attached
to structures on the site.
o.
The proposed type and location of all on-site lighting.
4.
In addition to the above, an "O-P" development plan submittal shall
include a set of design parameters which the Board of Aldermen shall
use as guidance when considering future revisions to an approved "O-P"
development plan. The design parameters shall be in the form of a
letter and shall include the following:
a.
The minimum distance between any building and any adjacent property
line or street right-of-way.
b.
The minimum distance between the edge of any driveway, parking area,
loading area, trash storage area and any adjacent property line or
street right-of-way.
c.
The maximum number of freestanding signs on the site, the maximum
square footage of sign surface area and maximum height of each.
d.
The minimum percentage of the site to be maintained in landscaping.
e.
The maximum height and number of light poles and type of fixtures.
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The design parameters shall become part of the ordinance approving
the "O-P" development plan.
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5.
Approval of the development plan shall be deemed as satisfying the
requirements of the subdivision regulations for a preliminary plat,
provided all those requirements have been met. Any variances to the
subdivision regulations proposed as part of the development plan shall
be stated clearly on the development plan. Such variances may be considered
concurrently by the Board of Adjustment, however, the Planning and
Zoning Commission may not recommend a development plan, nor may the
Board of Aldermen approve a development plan that includes any variance
unless such variance has been previously approved by the Board of
Adjustment or otherwise legally granted.
6.
No building permit shall be issued until the development plan is
approved by the Board of Aldermen.
7.
From and after two (2) years following the date of approval of a
development plan by the Board of Aldermen, the Board of Aldermen may,
by a majority vote, withdraw approval of such development plan, provided
development has not commenced.
8.
Changes to an approved "O-P" development plan may be made subject
to approval by the City Administrator, provided that any such changes
are within the limits set forth in the approved design parameters.
Any proposed changes which exceed the limits of the design parameters
shall be processed as required by Subdivision (9) below.
9.
Changes to an approved development plan, other than those within
the limits set forth in the approved design parameters, shall be submitted
to the Planning and Zoning Commission for a public hearing. If, after
the public hearing, the change is considered to be in substantial
compliance with the approved development plan, the Planning and Zoning
Commission may approve the revision. If, however, the change is considered
to be a substantial deviation from the approved development plan,
the Planning and Zoning Commission may recommend to the Board of Aldermen
that a revised development plan be required. The Board of Aldermen
shall then take action on the proposed revision without a public hearing.
If the Board of Aldermen determines that the proposed change is a
substantial deviation from the approved development plan, a revision
to the development plan shall be required. This revision shall be
processed in the manner herein described for development plans. The
revised development plan shall not be approved unless findings made
by the Board of Aldermen are reflected on the revised development
plan. In determining whether or not the change is a substantial deviation
from the approved development plan, the Planning and Zoning Commission
and Board of Aldermen may use, but are not limited to, the following
criteria:
a.
Is there an increase or decrease in land use intensity such as building
height, size or increase in parking area?
b.
Is there a rearrangement of or change in the number of buildings?
c.
Is there a change in public or private infrastructure?
d.
Is there a change in amenities being proposed, such as landscaping
or open space?
10.
The applicant may submit the development plan at the time of rezoning
to "O-P". Under this option, the development plan will be considered
as part of the rezoning request.
11.
Review of abandoned projects. In the event that
a development plan is given final approval and thereafter the applicant
or successors fails to commence construction of the development intended
by the approved development plan within one (1) year after final approval
has been granted, then such final approval shall terminate and be
deemed null and void unless such time period is extended by the Board
of Aldermen after receipt of a report by the Planning and Zoning Commission
following written application by the applicant or the applicant's
successors. Upon termination of an approval, the Planning and Zoning
Commission shall review any changes in the District Map brought by
the proposed development. If the Planning and Zoning Commission finds
said changes to be inappropriate, the Planning and Zoning Commission
shall recommend to the Board of Aldermen that the map be revised in
accordance with the procedures for changes and amendments.
G.
Amendment Of The District Map. Upon approval of any "O-P"
Planned Office Park District rezoning, the Board of Aldermen shall
direct the City Clerk or designee to amend the District Map of the
City of Bowling Green, Missouri, to reflect any and all changes set
forth by the approval of the "O-P" Planned Office Park District.
