City of Mount Vernon, MO Designation of Districts And District Provisions

The boundaries of the zoning districts which are shown on the Official Zoning District Map of the City of Mount Vernon, Missouri, which is filed in the office of the City Clerk, with all notations, references and other information shown thereon, is hereby approved and adopted; and such map shall be known as the "Official Copy of the City of Mount Vernon, Missouri, Zoning Map 2016."

[Ord. No. 2.179, 3-22-2016]

It shall be the duty of the Mount Vernon City Clerk to keep on file in the Clerk's office the original of said Zoning District Map; and duplicate copies thereof, showing all the changes, amendments or additions thereto, shall be kept on file in the office of the City Clerk.

Section 405.080 Rules Where Uncertainty May Arise.

[R.O. 2004 § 405.080; Ord. No. 2.56 § 2(Art. 3 § 4), 1-9-2001]

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning District Maps incorporated herein, the following rules apply:

The district boundaries are the center lines of streets, alleys, waterways and railroad rights-of-way, unless otherwise indicated; and where the designation of a boundary line on the Zoning Map coincides with the location of a street, alley, waterway or railroad right-of-way, the center line of such street, alley, waterway or railroad right-of-way shall be construed to be the boundary line of such district.

Where the district boundaries do not coincide with the location of streets, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

Where none of the above rules apply, the district boundaries shall be determined by the use of the scale shown on the Zoning Map.

Section 405.090 Exemptions.

[R.O. 2004 § 405.090; Ord. No. 2.56 § 2(Art. 3 § 5), 1-9-2001]

The following structures and uses shall be exempt from the provisions of these regulations:

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.

Agriculture as defined by these regulations. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable regulations of these regulations.

Retaining walls on public property.

Public signs.

Section 405.100 Application Of Regulations.

[R.O. 2004 § 405.100; Ord. No. 2.56 § 2(Art. 3 § 6), 1-9-2001]

No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with these regulations.

Section 405.110 Annexed Land.

[R.O. 2004 § 405.110; Ord. No. 2.56 § 2(Art. 3 § 7), 1-9-2001; Ord. No. 2.103 § 1, 3-22-2005]

Annexation Under Section 71.012, RSMo. A petition for annexation must be signed by the owners of all the fee interests of record in all the tracts of real property located within the area proposed to be annexed or must be signed under the authority of the Governing Body of any common interest community and approved by a majority vote of unit owners located within the area proposed to be annexed. The petition shall be presented to the City Clerk and must comply with the following:

The petition shall be submitted in writing and addressed to the Board of Aldermen of the City of Mount Vernon, Missouri.

The territory to be annexed must be contiguous and compact to the existing corporate limits of the City of Mount Vernon, Missouri.

The intended land use and desired zoning designation must be stated on the petition.

The petition must be verified.

Duties Of The City Of Mount Vernon, Missouri.

Once the petition is filed with the City Clerk, the City must hold a public hearing.

The public hearing must be held within sixty (60) days of the filing of the petition, but it cannot be held less than fourteen (14) days after the receipt of the petition.

The hearing shall be scheduled by the City Clerk so as to allow the petition to first be presented to the City Planning and Zoning Commission for consideration and recommendation to the Board of Aldermen. The City Zoning Administrator will post a notice in a newspaper of general circulation giving the place and time when the Commission will review the petition.

Notice of the hearing must be published at least seven (7) days prior to the public hearing. The notice must be published in a newspaper of general circulation qualified to publish legal notices.

The hearing shall be held by the Board of Aldermen on the date and at the time specified in the published notice.

Hearing On The Petition.

Any interested person, corporation or political subdivision may appear and present evidence on the proposed annexation when it is presented to the Planning and Zoning Commission and may also appear and present evidence on the proposed annexation at the public hearing held before and by the Board of Aldermen.

Any written objection to the annexation must be filed not later than fourteen (14) days after the public hearing and must be signed by at least two percent (2%) of the qualified voters from within the City limits of the City of Mount Vernon, Missouri, or two (2) qualified voters from the area to be annexed.

Annexation (If No Objection).

If, after the public hearing, the Board of Aldermen of the City of Mount Vernon, Missouri, determines:

That the annexation is reasonable and necessary to the proper development of the City; and

That the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time, the City may annex the territory by ordinance without further action.

Three (3) certified copies of the annexation ordinance must be filed with the Lawrence County Assessor and the County Clerk, and one (1) certified copy to be filed with the election authority, if different from the Clerk of the county which has jurisdiction over the area being annexed, whereupon the annexation shall be complete and final and thereafter all courts of this state shall take judicial notice of the limits of the City as so extended.

Annexation (If Written Objection). If a written objection to the proposed annexation is filed with the Board of Aldermen not later than fourteen (14) days after the public hearing by at least five percent (5%) of the qualified voters of the City or two (2) qualified voters of the area sought to be annexed if the same contains two qualified voters, the provisions of Sections 71.015 and 71.860 to 71.920, RSMo., shall be followed.

Section 405.120 "A-R" Agricultural — Residential District.

[R.O. 2004 § 405.120; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.142 §§ 1 — 2, 4-27-2010]

Intent. It is the intent of this district to protect agricultural uses and future urban growth areas through control of density, land use and land coverage.

Permitted Uses. Generally, agricultural and rural residential uses are permitted on parcels greater than fifteen (15) acres. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Use Permits. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations.

Minimum Lot Area. Fifteen (15) acres. A residence shall be permitted on an agricultural tract for those owning or operating the premises or for those employed thereon, provided that there is ten thousand (10,000) square feet or more for each residence, except that a residence shall be permitted on a lot of record, provided the lot can meet minimum standards for sewage treatment.

Minimum Lot Width. The minimum lot width for residential uses shall be three hundred thirty (330) feet. No minimum lot width is required for non-residential uses.

Height Regulations. Maximum structure height, thirty-five (35) feet.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Fifty (50) feet.

Side Yard. Ten percent (10%) of the lot width, except that such side yard shall not be less than twenty-five (25) feet and need not be more than fifty (50) feet.

Rear Yard. Fifty (50) feet.

Section 405.130 "R-1" Single-Family Residential District.

[R.O. 2004 § 405.130; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]

Intent. The intent of this district is to provide for low-density residential development, including those uses that reinforce residential neighborhoods and to allow certain public facilities.

Permitted Uses. Generally, single-family dwellings, parks, educational and religious uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations. Except as modified by the provisions of Article III.

Zoning Classification "R-1A".

Minimum lot area of fifteen thousand (15,000) square feet.

Minimum frontage of sixty (60) feet, seventy-five (75) feet on corner lot.

Zoning Classification "R-1B".

Minimum lot area of ten thousand (10,000) square feet.

Minimum frontage of sixty (60) feet, seventy-five (75) feet on corner lot.

Zoning Classification "R-1C".

Minimum lot area of seven thousand five hundred (7,500) square feet.

Minimum frontage of fifty (50) feet, seventy-five (75) feet on corner lot.

Lot Coverage.

The combined area of the main building and accessory buildings shall not cover more than forty percent (40%) of the total area of the lot.

Height Regulations. Maximum structure height, thirty-five (35) feet.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Thirty (30) feet.

Side Yard. Eight (8) feet; structures on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.

Rear Yard. Twenty-five (25) feet or twenty percent (20%) of depth, whichever is smaller.

Parking Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See Article VIII, Sign Regulations.

Section 405.140 "R-2" Two-Family Residential District.

[R.O. 2004 § 405.140; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.79 § 1, 2-25-2003]

Intent. The intent of this district is to provide for low to moderate density residential development, including two-family and higher density single-family dwellings, in a manner which will encourage a strong residential neighborhood.

Permitted Uses. Generally, two-family dwellings, single-family dwellings, parks, educational and religious uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations. Except as modified by the provisions of Article III.

Minimum Lot Area. Ten thousand (10,000) square feet for single-family dwellings and five thousand (5,000) square feet per dwelling unit for two-family dwellings and twin homes.

Minimum Lot Width. Sixty (60) feet; single-family dwellings located on a corner lot shall not be less than seventy-five (75) feet and two-family dwellings located on a corner lot shall not be less than eighty (80) feet. Twin home lots shall be fifty (50) feet, and seventy-five (75) feet for a corner lot.

Lot Coverage. The combined area of the main building and accessory buildings shall not cover more than forty percent (40%) of the total area of the lot.

Height Regulations. Maximum structure height, thirty-five (35) feet.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Thirty (30) feet.

Rear Yard. Twenty-five (25) feet or twenty percent (20%) of depth, whichever is smaller.

Parking Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See Article VIII, Sign Regulations.

Section 405.150 "R-3" Multifamily Dwelling District.

[R.O. 2004 § 405.150; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]

Intent And Purpose Of District. The "R-3" Multifamily Dwelling District is intended for the purpose of allowing high-density residential land use with the commingling of compatible single-family and two-family dwellings, apartments, home occupations, community facilities and certain uses, yet retain the basic residential quality.

Permitted Uses. Single-family, two-family and multifamily dwellings, nursing homes and boardinghouses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations. Except as modified by the provisions of Article III, all dwellings hereafter erected, enlarged, relocated or reconstructed shall be located upon lots containing the following areas:

Minimum Lot Area.

A lot on which there is erected a single-family dwelling shall contain an area of not less than seven thousand five hundred (7,500) square feet.

A lot on which there is erected a two-family dwelling shall contain an area of not less than five thousand (5,000) square feet per family.

A lot on which there is erected a multifamily dwelling shall contain an area of not less than ten thousand (10,000) square feet or two thousand five hundred (2,500) square feet per family, whichever area is the larger, except that this regulation shall not apply to dormitories or rooming and lodging houses where no cooking is done in individual rooms or apartments. The Board of Adjustment may increase the intensity of use for multifamily dwellings by one (1) residential unit if all of the following conditions can be met:

(1)

There is sufficient land area on the site to meet all other requirements, including parking and setbacks;

(2)

The additional unit permits a more economical design (e.g., an eight-plex rather than a seven-plex); and

Where a single lot of record, as defined in Section 405.050 of this Chapter, has less area than herein required and was recorded prior to the effective date of this regulation, that lot may be used only for single-family dwelling purposes.

Minimum Lot Width.

No lot on which a single-family dwelling is located shall be less than sixty (60) feet in width; corner lots shall be not less than seventy-five (75) feet in width. Minimum width for twin home lots shall be fifty (50) feet, and seventy-five (75) feet for a corner lot.

No lot on which a two-family dwelling is located shall be less than sixty (60) feet in width; corner lots shall be not less than eighty (80) feet in width.

No lot on which a multifamily dwelling is located shall be less than seventy-five (75) feet in width; corner lots shall be not less than eighty (80) feet in width. For each additional story over two (2), there shall be an additional twenty-five (25) feet of lot width.

Lot Coverage. The combined area of the main building and accessory buildings of multifamily uses shall not cover more than fifty percent (50%) of the lot area.

Height Requirements. Except as modified by the provisions of Article III.

The maximum height of single-family dwellings shall be the same as specified in the "R-1" District.

The maximum height of two-family dwellings shall be the same as specified in the "R-2" District.

The maximum height for multifamily dwellings and non-residential uses shall be thirty-five (35) feet. The Planning and Zoning Commission, after receiving the recommendation of the Mount Vernon Fire Chief, may allow the height of a multifamily dwelling to exceed thirty-five (35) feet. In no instance, however, shall the height of any multifamily dwelling exceed forty-five (45) feet.

Yard Requirements. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Thirty (30) feet.

Side Yard. Single-family and two-family dwellings shall maintain a side yard setback of not less than five (5) feet. Multifamily dwellings shall maintain a side yard setback of not less than seven (7) feet. Structures on corner lots shall provide a side yard on the street side of not less than fifteen (15) feet or the established front yard setback of the adjoining residential structure fronting on the same side street, whichever is greater.

Rear Yard. There shall be a rear yard for structures in this district which shall have a depth of not less than twenty-five (25) feet or twenty percent (20%) of the depth of the lot, whichever is smaller.

Loading And Unloading Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Parking Regulations. Off-street parking is not required in this district for existing residential structures. Any new structures and any structure converted to multifamily residences shall comply with the requirements of Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See the Article VIII, Sign Regulations.

Use Limitations. Multifamily dwelling developments shall be subject to the requirements and procedures of Article X, Site Plan Review.

Minimum Floor Area. Multifamily residential units shall have a minimum of five hundred seventy-five (575) square feet of private, habitable floor area per family, provided there are common activity areas such as laundry areas, and eight hundred sixty-five (865) square feet per family provided there are no common activity areas.

Section 405.160 "MP" Manufactured Home Park Residential District.

[R.O. 2004 § 405.160; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]

Intent. It is the intent of this district to provide low to medium density manufactured home park development which is compatible with the character of the surrounding neighborhood in which it is located. Manufactured home parks are considered a residential use and should be located in areas where services and amenities are available such as those found in conventional residential areas.

Permitted Uses. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations.

Minimum Park Area. Two (2) acres.

Minimum Park Width. Two hundred twenty-five (225) feet.

Height Regulations. Maximum structure height, twenty (20) feet.

General Regulations.

Minimum Design Standards. Each manufactured home park shall be designed in accordance with all City codes and to the following minimum design standards:

The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

Manufactured home parks hereafter approved shall have a maximum density of eight (8) manufactured homes per gross acre and a minimum area of four thousand (4,000) square feet shall be provided for each manufactured home space.

Each manufactured home space shall be at least forty (40) feet wide and be clearly defined.

All manufactured homes and additions thereto shall be so located to maintain a clearance of not less than twenty (20) feet from another manufactured home; provided, however, that with respect to manufactured homes parked end-to-end, the end-to-end clearance shall not be less than fifteen (15) feet. In addition, all manufactured homes and additions thereto shall be so located to maintain a clearance of twenty-five (25) feet from any permanent structure within the park.

All manufactured home spaces shall front upon a private roadway of not less than twenty-five (25) feet in width, including curbs on each side; provided, however, that no on-street parking is permitted. If parallel parking is permitted on one (1) side of the street, the width shall be increased to thirty (30) feet and if parallel parking is permitted on both sides of the street, the width shall be increased to thirty-six (36) feet. All roadways shall have unobstructed access to a public street.

Off-street parking areas shall be provided in all manufactured home parks. Such off-street parking areas shall provide sufficient parking spaces for a minimum of two (2) cars per manufactured home within the manufactured home park. Off-street parking areas may be provided on individual manufactured home spaces provided that the off-street parking area is improved as required in Article IV, and the off-street parking area surface is not less than ten (10) feet from the nearest adjacent manufactured home space.

All roadways and sidewalks within the manufactured home park shall be of all-weather surfacing and shall be adequately lighted at night.

A community structure may be provided which may include recreation facilities, laundry facilities and other similar uses.

The perimeter of all manufactured homes shall be fully skirted.

Sidewalks shall be required on one (1) side of all streets.

Landscaping shall be shown on the development plan. The perimeter of each manufactured home space shall be surrounded by a landscaped strip of open space twenty-five (25) feet wide along all lot lines and streets or highways.

All roadways shall meet the design standards as adopted by the City for private streets in manufactured home parks.

A structure permit for the park shall be obtained before moving a manufactured home into an "MP" District.

Water Supply.

Water shall be supplied to the park by a public water system.

The size, location and installation of water lines shall be in accordance with the requirements of the Building Codes of the City.

Individual water service connections shall be provided at each manufactured home space.

Required Recreation Areas.

In all manufactured home parks accommodating or designed to accommodate twenty-five (25) or more manufactured homes, there shall be one (1) or more recreation areas that shall be easily accessible to all park residents.

The size of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each lot within the manufactured home park. No outdoor recreation area shall contain less than two thousand five hundred (2,500) square feet.

Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

The required recreational area(s) within the manufactured home park shall contain playground equipment or other recreational facilities as approved by the Planning and Zoning Commission. The cost of purchasing and installing said recreational equipment shall be paid for by the developer of the manufactured home park.

The maintenance of recreation area(s) and equipment within each manufactured home park shall be paid for by the owner of the manufactured home park.

Sewage Disposal. Each manufactured home park shall be connected to the City or County central sanitary sewer system or to another central sewage system as approved by the Missouri Department of Natural Resources. Each manufactured home space within a manufactured home park shall be connected to and served by the central sanitary sewer system serving the manufactured home park.

Tie-Downs And Ground Anchors. All manufactured homes shall be secured to the ground by tie-downs and ground anchors in accordance with the Manufactured Home and Recreational Vehicle Code.

Electrical. Each manufactured home space shall be provided with an individual electrical outlet supply which shall be installed in accordance with the Building Codes of the City and requirements of the electric supplier.

Gas. Natural gas hookups, when provided, shall be installed in accordance with the Building Codes of the City and the regulations of the gas supplier.

Refuse And Garbage Handling. Storage, collection and disposal of refuse in a park shall be in accordance with City Code.

Blocking. All manufactured homes shall be blocked at a maximum of ten-foot centers around the perimeter of each manufactured home in accordance with the Manufactured Home and Recreational Vehicle Code and in accordance with the manufacturer's guidelines.

10.

Pad Requirements. Shall be a flexible surface with a minimum of five (5) inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; or shall be of a hard surface of a minimum of two (2) eighteen (18) inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the manufactured home.

Application Requirements.

An applicant for "MP" Manufactured Home Park District shall prepare or cause to be prepared a preliminary manufactured home park plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet and three (3) copies of said plan shall be submitted to the Planning and Zoning Commission for its review and recommendations. Said plan shall be designed in accordance with the minimum design standards herein and shall include the following:

Contours shown at one-foot intervals.

Elevation drawings of all permanent buildings proposed.

Upon approval of the preliminary manufactured home park plan by the Planning and Zoning Commission, the applicant shall prepare and submit a final plan that shall incorporate any changes or alterations requested. The final plan and the Planning and Zoning Commission recommendation shall be forwarded to the Board of Aldermen for their review and final action.

Any substantial deviation from the approved plan, as determined by the Zoning Administrator, shall constitute a violation of these regulations. Changes in plans shall be resubmitted for reconsideration and approval by the Planning and Zoning Commission and Board of Aldermen prior to the occupancy of the manufactured home park.

Construction of an approved manufactured home park shall begin only after the use permit has been granted by the Board of Aldermen.

Section 405.170 "B-1" Light Commercial District.

[R.O. 2004 § 405.170; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 1, 2-26-2008; Ord. No. 2.159 § 1, 7-23-2013]

Intent. The intent of this district is to permit a mix of office and light industrial uses that are not obnoxious due to appearance, noise, emissions or odor and do not generate large volumes of vehicular traffic, as well as limited retail commercial uses that support or complement the office and light industrial activities. Uses within this district shall not require intensive land coverage and shall be compatibly developed with adjacent districts through site plan review.

Permitted Uses. Generally, light manufacturing, wholesaling, trucking and warehousing uses as well as office uses are permitted. In addition, limited retail and service uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations.

Minimum Lot Area. Subject to site plan review.

Minimum Lot Width. Thirty (30) feet, fronting upon a public street.

Lot Coverage. Area occupied by building shall not exceed forty percent (40%) of the ground area on which the building is located.

Height Regulations. Maximum height of structure, thirty-five (35) feet if within one hundred fifty (150) feet of a residential zone; seventy-five (75) feet if more than one hundred fifty (150) feet from residential zone.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Twenty-five (25) feet.

Side Yard. Twenty (20) feet and no less than forty (40) feet when abutting a street or residential district.

Rear Yard. Twenty-five (25) feet or twenty percent (20%) of depth, whichever is smaller, unless said rear yard abuts a residential zoning district in which case the minimum rear yard setback shall not be less than forty (40) feet.

Loading And Unloading Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Parking Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See Article VIII, Sign Regulations.

Use Limitations.

The development of each "B-1" District shall provide screening and buffering improvements to minimize impacts of unlike land uses on one another.

For single-lot developments, a site plan must be submitted that indicates how the development accommodates and relates to adjacent development.

All storage of materials, products or equipment, except those related to or used for agricultural research, testing and/or analysis purposes, shall be within a fully enclosed building or in an open yard so screened that the materials stored are not clearly visible within one thousand (1,000) feet of the property line. Where topographic conditions make effective screening impractical, the Planning and Zoning Commission may make variances as they deem advisable.

A solid or semisolid fence or wall at least six (6) feet, but not more than eight (8) feet, high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right-of-way. Said fence or wall shall be maintained in good condition by the owner or owners of the property in the "B-1" District.

No structure shall be used for residential purposes except that a watchman may reside on the premises.

All operations shall be conducted within a fully enclosed building.

Industrial wastes shall be of such a quantity and nature as to not overburden the public sewage disposal facilities as to cause odor and unsanitary effects beyond the property line.

A private street network shall be allowed where comprehensive control of a large industrial site is required for safety or security reasons and where no unsecured access to the site is afforded the public.

Site Plan Review. Development in the "B-1" District shall be subject to the requirements and procedures in Article X, Site Plan Review.

Section 405.175 "B-1A" Commercial/Residential Mixed-Use District.

[R.O. 2004 § 405.175; Ord. No. 2.159 § 2, 7-23-2013]

Intent. The intent of this district is to permit a mixed use of residential, retail, commercial, professional, office and cottage industry that blend well with residential property that is not obnoxious in appearance, noise, emissions, and/or odors. Uses within the district shall not require intensive land coverage and shall have the appearance of residential property.

Permitted Uses. Light manufacturing, retail shops, cottage industries, office and professional services. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with residential and other uses permitted in the district as listed in Section 405.440, Use Table.

Particular Businesses Prohibited. The following businesses are not permitted: adult entertainment establishments, adult entertainment shops or facilities, adult photography shops, automotive and other motor vehicle repair or sales/services, auto parts stores, bars or taverns, auto body shops, cabinet shops, car wash, chemical manufacturing, construction sales and service, dry cleaners, equipment rental, general electrical shop, heavy manufacturing, metal fabrication shops, retail grocery, renting of trailers or equipment, stables and/or kennels, tire shops, welding shops. This list is not exclusive and does not permit a use not listed above when that use is incompatible with the intent of the district and adjoining uses.

Defined Area. Beginning at the southeast corner of Market and Pleasant Streets, thence east to the southwest corner of Pleasant and Vine Streets, thence south on Vine Street to Division Street, east on Division to an alley running north and south between Hickory and Lynn Streets, thence south down the center line of said alley to the intersection with the B-3 Business District, thence east along the northern line of that B-3 Business District to the southeast side of Market Street, thence north to the point of beginning.

Compatibility Site Plan Review. Compatibility site plan review is required for all business located within this district to ensure that the proposed business will be compatible with the intent of the district and adjoining uses. Home occupations which are permitted in residential districts by Section 405.440, Use Table, and Section 405.450(K), Use Standards, will be required to have a compatibility site plan review.

Intensity Of Use Regulations.

Minimum Lot Area. Subject to site plan review.

Minimum Lot Width. Thirty (30) feet, fronting upon a public street.

Lot Coverage. Area occupied by building shall not exceed sixty percent (60%) of the ground area on which building is located.

Height Regulations. Maximum height of structures shall not exceed thirty-five (35) feet.

Yard Regulations.

Front Yard. Shall be subject to site plan review, and at a minimum shall conform to setbacks of buildings and structures located on properties within the district.

Side Yard. Shall be subject to site plan review, and at a minimum shall conform to setbacks of buildings and structures located within the district.

Rear Yard. Shall be subject to site plan review, and at a minimum shall conform to setbacks of buildings and structures located on properties within the district.

Loading And Unloading Regulations (Deliveries). Deliveries are prohibited from 7:00 A.M. to 8:30 A.M. and from 2:00 P.M. to 3:30 P.M. within three hundred (300) feet of a marked crosswalk while school is in session.

Parking Regulations. No off-street parking is required; however, if off-street parking is provided, said parking area shall not be located in front of the building which is served by the off-street parking area.

Sign Regulations. One (1) business sign of twelve (12) square feet is allowed and may be illuminated so long as illumination does not interfere with adjacent residence. Signage is limited to one (1) detached sign or one (1) wall sign only. Corner lots are limited to one (1) sign of either type.

Use Limitations.

The development of a "B-1A" Mixed-Use District shall provide screening and buffering improvements to minimize impacts of unlike uses on one another.

Single-Lot Development. A site plan must be submitted that indicates how the development accommodates and relates to adjacent properties and the overall design of the district.

No business establishment shall offer or sell food or beverages where consumption is primarily intended to occur in parked motor vehicles.

Any tavern, club, or business establishment serving alcohol or cereal malt beverages shall not be located within one hundred (100) feet of any property used as a public park, church or school.

[Ord. No. 2.178 § 1, 5-26-2015]

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residence property and so that no glare is visible to traffic on any public street.

Site Plan Review. Development in the "B-1A" Mixed-Use District shall be subject to the requirements and procedures in Article X, Site Plan Review, with the exception of fees. No fee shall be charged for the site plan review for this special mixed-use district.

Section 405.180 "B-2" Central Business District.

[R.O. 2004 § 405.180; Ord. No. 2.56 § 2(Art. 4), 1-9-2001]

Intent. The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities and service and office uses that are normally found in the core area of the City. The grouping is intended to strengthen the business level of the central business activity.

Permitted Uses. Generally, commercial retail and services, offices and similar uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations.

Minimum Lot Area. None.

Minimum Lot Width. None.

Lot Coverage. None.

Height Regulations. Maximum structure height, fifty (50) feet.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. The front yard setback shall be the average front yard setback distance of existing buildings within the same block, otherwise none.

Side Yard. Ten (10) feet when adjacent to a residential district, otherwise none.

Rear Yard. None.

Loading And Unloading Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Parking Regulations. No off-street parking or loading space shall be required.

Sign Regulations. See Article VIII, Sign Regulations.

Use Limitations.

Outdoor storage of materials, products and/or equipment not for display of merchandise for sale to the public shall be permitted in an enclosed or fenced area. The enclosure or fence must have a minimum height of six (6) feet and maximum height not to exceed eight (8) feet in height.

[Ord. No. 2.172 § 1, 8-26-2014]

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.

No off-street parking is required; however, if off-street parking is provided, said off-street parking area shall not be located in front of the building which is served by the off-street parking area.

No business establishment shall offer or sell food or beverages where consumption is primarily intended to occur in parked motor vehicles.

A solid or semisolid fence, hedge or wall at least six (6) feet, but not more than eight (8) feet, high and having a density of not less than seventy percent (70%) per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the commercial development are separated by a street or alley right-of-way. Said fence or wall shall be maintained in good condition by the owner or owners of the property in the "B-2" District.

Any tavern, restaurant, club, business or similar use serving alcoholic or cereal malt beverages shall not be located within one hundred (100) feet of property used as a public park, church or school.

Site Plan Review. Development in the "B-2" District shall be subject to the requirements and procedures in Article X, Site Plan Review.

Section 405.190 "B-3" General Commercial District.

[R.O. 2004 § 405.190; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 2, 2-26-2008]

Intent. The "B-3" General Commercial District is intended for the purpose of allowing basic retail, service and office uses in addition to those normally permitted in neighborhood centers. This district is also intended to provide locations for commercial activities that do not require a central location downtown. Business uses needing large floor areas, particularly those of a service nature, not compatible with Central Business District uses, are included in this district.

Permitted Uses. Generally, automobile and implement sales, lumberyards, contractors' yards, offices, neighborhood retailing and similar uses are permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations.

Minimum Lot Area. None.

Minimum Lot Width. Thirty (30) feet, fronting upon a public street.

Lot Coverage. None.

Height Regulations. Maximum height of structure, thirty-five (35) feet.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Thirty (30) feet.

Side Yard. Five (5) feet when abutting a residential district, otherwise none.

Rear Yard. Fifteen (15) feet when abutting a residential district, otherwise none.

Loading And Unloading Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Parking Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See Article VIII, Sign Regulations.

Use Limitations.

[Ord. No. 2.173 § 1, 8-26-2014]

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.

Site Plan Review. Development in the "B-3" District shall be subject to the requirements and procedures in Article X, Site Plan Review.

Section 405.195 "MU-1" 600 N. Main Mixed-Use District.

[Ord. No. 2.198, 5-12-2020]

Intent. The purpose of this district is to encourage and promote development of residential, commercial, and light industrial uses on the property formerly known as the "Missouri Rehabilitation Center." These uses may be located in the same building or in separate buildings.

Permitted Uses. Permitted uses in this district include those set forth on the Table of Uses, Attachment 1 to Chapter 405.

Conditional Uses. None.

Intensity Of Use Regulations. There are no regulations regarding minimum lot area, minimum lot width, or lot coverage in this "MU-1" District.

Height Regulations. There are no height regulations on structures in this "MU-1" District.

Yard Regulations. There are no regulations regarding the minimum yard depths in this "MU-1" District.

Parking, Loading/Unloading, And Signs. There are no regulations regarding parking, loading and unloading of vehicles, and signage requirements in this "MU-1" District.

Section 405.200 "M-1" Light Industrial District.

[R.O. 2004 § 405.200; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 3, 2-26-2008]

Intent. The "M-1" Light Industrial District is intended for the purpose of allowing low-intensity industries which are generally compatible with residential, office and/or commercial activity. Certain intense uses will require conditional use permits to locate in this district.

Permitted Uses. Generally, assembly, warehousing, light manufacturing, wholesaling, support trucking and related uses with limited retail and service uses permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations.

Minimum Lot Area. Subject to site plan review.

Minimum Lot Width. Thirty (30) feet, fronting upon a public street.

Lot Coverage. Area occupied by building shall not exceed forty percent (40%) of the ground area on which the building is located.

Height Regulations. Maximum height of structure, forty-five (45) feet if within one hundred fifty (150) feet of residential district; one hundred fifty (150) feet if more than one hundred fifty (150) feet from a residential district.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Twenty-five (25) feet.

Side Yard. Ten (10) feet and no less than forty (40) feet when abutting a street or residential district.

Loading And Unloading Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Parking Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See Article VIII, Sign Regulations.

Use Limitations.

All storage of materials, products or equipment, except those related to or used for agricultural research, testing and/or analysis purposes, shall be within a fully enclosed building or in an open yard so screened that the materials stored are not clearly visible within one thousand (1,000) feet of the property line. Where topographic conditions make effective screening impractical, the Commission may make variances as they deem advisable.

No structure shall be used for residential purposes except that a watchman may reside on the premises.

Any tavern, restaurant, club, business or similar use serving alcohol or cereal malt beverages shall not be located within one hundred (100) feet of property used as a public park, church or school.

[Ord. No. 2.178 § 2, 5-26-2015]

Site Plan Review. Development in the "M-1" District shall be subject to the requirements and procedures in Article X, Site Plan Review.

Section 405.210 "M-2" Heavy Industrial District.

[R.O. 2004 § 405.210; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.133 § 4, 2-26-2008]

Intent. The "M-2" Heavy Industrial District is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain extremely obnoxious or hazardous uses will require special permission to locate in this district.

Permitted Uses. Generally, manufacturing, wholesaling, trucking and warehousing uses with limited retail and service uses permitted. For a general listing of permitted and conditionally permitted uses, see Article VI of these regulations. The permitted uses will be determined based on compatibility with other uses permitted in the district and with uses listed in Article VI.

Conditional Uses. For a specific listing of conditional uses, see Article VI.

Intensity Of Use Regulations

Minimum Lot Area. Subject to site plan review.

Minimum Lot Width. Thirty (30) feet, fronting upon a public street.

Lot Coverage. Area occupied by building shall not exceed forty percent (40%) of the ground area on which the building is located.

Yard Regulations. Except as modified by the provisions of Article III, minimum yard depths shall be as follows:

Front Yard. Twenty-five (25) feet.

Side Yard. Twenty (20) feet and no less than forty (40) feet when abutting a street or residential district.

Loading And Unloading Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Parking Regulations. See Article IV, Off-Street Parking and Loading Regulations.

Sign Regulations. See Article VIII, Sign Regulations.

Use Limitations.

All storage of materials, products or equipment, except those related to or used for agricultural research, testing and/or analysis purposes, shall be within a fully enclosed building or in an open yard so screened that the materials stored are not clearly visible within one thousand (1,000) feet of the property line. Where topographic conditions make effective screening impractical, the Commission may make variances as they deem advisable.

No structure shall be used for residential purposes except that a watchman may reside on the premises.

Facilities Used For Agricultural Research, Testing And/or Analysis. In agriculture-related research facilities, the following use limitations shall apply:

Operations required to be conducted outside a fully enclosed building shall be conducted in controlled outdoor areas.

Private roadways for certain agricultural related research and development activities may be improved with an all-weather surface other than asphaltic concrete such as gravel or stone. They shall be designed to permit surface drainage without erosion of adjacent land.

Site Plan Review. Development in the "M-2" District shall be subject to the requirements and procedures in Article X, Site Plan Review.

Section 405.220 "PD" Planned Development District.

[R.O. 2004 § 405.220; Ord. No. 2.56 § 2(Art. 4), 1-9-2001; Ord. No. 2.80 § 1(2), 2-25-2003]

Purpose. The purpose of this district is to provide for elements of flexibility in design, placement, arrangement, bulk and other considerations involved in planned districts; to provide a framework within which the structures and uses in the planned district may be interrelated with adjacent development and areas; and to maintain the desired overall intensity of land use, desired population densities and desired areas of open space. The use of planned zoning procedures is intended to encourage large-scale developments, efficient development of small tracts, innovative and imaginative site planning and conservation of resources.

Use Of The "PD" District. With the exception of standard single-family and two-family residential subdivisions, zoning proposals which are intended to be subdivided into multiple lots should seek the "PD" zoning district classification. Planned developments are groupings of structures or sites that are planned as an integrated unit or cluster on property under unified control at the time of zoning. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with the development standards and other conditions that were committed to at the time of the rezoning. The Planned Development District must always be used in conjunction with one (1) of the other zoning districts, known as the "underlying district." The requirements of the "PD" District shall be in addition to the requirements of the underlying district, except that the "PD" District may modify some of the regulations of the underlying district in specific situations. A "PD" District may be used in conjunction with any of the other zoning districts or with any combination of districts.

An application for rezoning to the "PD" District shall include a preliminary development plan and may include a concurrent request to change the underlying zoning classification. If the rezoning is approved, the new district shall include the designation of the underlying district followed by "PD." For example, a Planned Development District of a "R-1" District shall be known as "R-1-PD."

Approval of the rezoning based on the preliminary development plan shall allow the applicant to submit a final development plan for approval. No structure or occupancy permit shall be issued until a final development plan has been approved. The use of the "PD" District shall be separate from the subdivision regulations of the City and the development plans required by the "PD" District shall not be construed as plats. It is recommended that the subdivision process follow the rezoning/preliminary plan approval but precede the approval of the final development plan. Resubdivision may be a prerequisite to approval of the final development plan.

Use Regulations. Any use permitted in the underlying zone may be permitted. The uses permitted may be voluntarily restricted by the applicant or restricted as a condition of approval by the Planning and Zoning Commission.

Height Regulations. The height regulations provided for the underlying zoning district shall be required, provided that the allowed height may be increased by one (1) floor or fifteen (15) feet upon a showing that the proposed structure is consistent in scale and bulk to the character of the community and the increase in density as a result of the increase in height does not create an adverse effect on the value or utility of adjacent property.

Yard Regulations. The yard regulations provided for the underlying zoning district shall be required, provided that the yard regulations may be reduced upon a showing of sufficient open space accessible to occupants, a separation between structures for firefighting purposes, and that there is consistency with the visual character of the community.

Use Regulations.

The proposed development shall provide access to the major street system in such a way that the traffic generated by the development will not cause an unreasonably hazardous condition nor inconvenience in the area.

Structures and traffic shall be arranged so that all principal structures are accessible to emergency vehicles.

Parking shall be provided in a manner that reduces to a minimum its adverse physical impact in the area. Screening parking areas with landscaping or walls, breaking parking areas into smaller units by introducing landscaped areas or other physical separators are suggested approaches. The parking areas should be appropriately spaced to serve those units they represent.

The availability of services and location of public utilities shall have the approval of each agency involved. Evidence to this effect shall be presented with the preliminary development plans.

Approval of the final development plan may be conditioned by the Board of Aldermen to minimize any negative impact on the community.

Application For Rezoning. A petition to change to a "PD" Planned District shall be filed with the City, along with the filing fee as set forth by separate ordinance. A preliminary development plan shall be attached and shall include the elements set forth in these regulations. The process for approval shall be the same as for any rezoning as provided by these regulations.

Approval Procedure. The approval by the Board of Aldermen of the preliminary development plan and the concurrent rezoning to the "PD" District shall be preceded by the publication and mailing of notice, a public hearing and a recommendation by the Planning and Zoning Commission. If the Board of Aldermen disagrees with the recommendation, the application shall be returned to the Planning and Zoning Commission for reconsideration. Approval of the preliminary development plan shall be valid for two (2) years from the date of its approval. The filing and approval of a final development plan for any phase of the area contained in the preliminary plan shall extend the period of validity an additional two (2) years. Once approved, the zoning classification can only be changed through rezoning and cannot be changed by expiration of the preliminary development plan.

Preliminary Development Plan. The preliminary development plan shall be prepared at a scale dimension of not more than one (1) inch equals one hundred (100) feet and shall include:

Boundaries of the project with dimensions to scale;

Contour intervals of two (2) feet;

Proposed size, height, location and arrangement of structures, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and/or proposed streets;

Preliminary drainage plan in sufficient detail to show direction of flow, stormwater detention facilities, if needed, and major drainage structures;

General landscape plan to include location and height of all walls, fences, signs and screen plantings;

Note provision for dedication of new or additional rights-of-way, if needed; such to be dedicated to the City prior to approval of a final development plan;

Phases of final development;

Name and address of owner, applicant and engineering firm which prepared the plan;

Seal of engineering firm licensed in the State of Missouri developing the plan, scale, north point and date of plan;

10.

A description of any limitations to be placed on the range of permitted uses, the hours of operation, the structure materials to be used or other similar factors; and

11.

Ten (10) copies shall be submitted.

Final Development Plan. The final development plan shall be prepared in the same manner and include the same type of information as the preliminary development plan (updated to show final sizes, dimensions and arrangement) with the following additions:

Contour lines shall show finished grading only;

The landscaping plan shall show the size and type of each tree, shrub and ground cover; and

Drawings showing the size, appearance and method of illumination for each sign.

The final development plan shall substantially conform to the approved preliminary plan, shall be in final form for the issuance of a building permit, shall have been previously reviewed by the appropriate City staff and shall include a construction schedule. A final approval by the Board of Aldermen shall authorize construction to begin according to the construction schedule providing all appropriate permits have been received. Construction of at least the first stage of development shall begin within three (3) years from the date the ordinance of the zoning change was published in the newspaper. If construction does not begin within this period and no effort is made for an extension of time by the owner, the final development plan shall be voided.

Building Permits. On final approval by the Board of Aldermen, the owner shall provide five (5) copies of the approved final development plan to the City. The Zoning Administrator or his/her designee shall issue building permits only in accordance with the approved final development plan.

Amendments. If any substantial variation or rearrangement of structures, parking area and drives, entrances, heights or open spaces is requested by the applicant, the applicant shall proceed by following the same procedure previously followed and outlined in the preliminary development plan.

Open Space. The Planning and Zoning Commission may require the provision of open space to buffer dissimilar uses; to protect environmentally sensitive areas; or to counterbalance any reduction in lot area, yard size or bulk limitations.

Open Space Requirements. If the Planning and Zoning Commission requires open space, the City and the applicant shall enter into an agreement providing for the establishment of an agency to maintain the open space. Such agreement shall include provision for default, cure by the City and enforcement.

Disposition Of Open Space. The agency established in Subsection (M)(1) above shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the City.

The development plan process shall be required prior to any rezoning or issuance of a building permit for other than a single-family dwelling.

Time Limit. A site plan approval for a "PD" District shall expire automatically unless a building permit is taken within twelve (12) months after the approved date for commencement to effectuate such site plan.